OF THE SALMOX. 11 



wise ; for, from the construction put by lawyers and a 

 host of trained witnesses, a jury but little acquainted 

 with the case was often led to give an adverse deci- 

 sion, and thereby allow the illegality to proceed, which 

 was. the means of encouraging others to attempt the 

 same unlawful proceedings, which were either allowed 

 to go on or land in the same uncertain game in the 

 Court of Session. These cases were so frequent that 

 the sums of money spent defending lawful rights 

 were immense ; and the tedious and almost never 

 ending proceedings in the Court of Session prevented 

 many a small proprietor from attempting to defend 

 his little property against the grasp of his more 

 powerful opponent. Case after case of this kind has 

 happened, until the whole salmon fishings in the 

 Kingdom have arrived at the very worst state of 

 management, and become ruinous to all those con- 

 cerned in them, as well as an immense deterioration 

 to the food of the country in general. 



As soon as these doubtful cases began to disturb 

 the regular proceedings on that part of property, and 

 the decision of the Judges hung entirely on a tech- 

 nical expression, and not on the justice and intention 

 of the law laid down for the regulation and protection 

 of such property, then was the time for the Govern- 

 ment to step forward and state the true expression in 

 the case, and thereby prevent the ruinous expenditure 

 of money that has taken place throughout many years, 

 as well as prevented salmon rivers from becoming 

 barren wastes. But such was not the case : all our 

 governments have looked on with perfect apathy on 

 the whole transactions, and never one member has 

 come boldly forward to the rescue. Part of the 

 legislators have even embarked in the unlawful pro- 

 ceedings, and some of them have descended so low 

 and degraded as to kill the salmon on the spawning 



