THE FISHERIES. 37 



made to subserve the Salmon-fishery without injur- 

 ing the mill. 



We shall endeavour to treat this dehcate matter 

 impartially, as with cordiality and confidence the 

 important provisions we are now referring to, can be 

 carried out satisfactorily, and both parties, at the 

 same time, amply satisfy their wants from the stream. 

 A mill-owner, we shall suppose, has a weir which 

 blocks up the river, by which means he apphes the 

 whole of the waters thereof to his own use. This 

 is a great privilege which the owner of a mill-weir 

 enjoys, and although we by no means will admit that 

 these useful structures are illegal, or indictable at 

 common law (as has been contended), yet we main- 

 tain they are justly amenable to every reasonable 

 restraint. We believe the right so to divert the 

 stream is good in most cases, sanctioned as it is by 

 admitted utihty and length of possession. But we 

 stop here ; and would say to the mill-owner — Do 

 not push matters to extremities; above all, do not 

 knock your head against the salmon. Depend upon 

 it, he has a better case against you than you might 

 suppose ; the pubhc rights in the stream which he 

 represents go more to put a flaw in your title than 

 any other supposable objection. We would suggest 

 a compromise. Suppose a salmon could hold parley 

 with a mill-owner, he would argue his case somewhat 

 after this fashion : — You block up my native river ; 

 stop my way when I am dashing up stream, and, if 

 the truth must be told, you sometimes filch me at 



