fishings, but desire to investigate the paramount question, viz., the interest of the public in the greatest possible supply of salmon in its best condition as an article of food. At the same time, since it occurs, as our readers will perceive, that the larger and important matter depends mainly upon legislation, which must be founded on correct opinions as to the minor point, we will proceed to offer a sketch of the habits of salmon, not for its mere sake, as a department of natural history, but to support whatever arguments we shall advance in favour of legislative views calculated to ensure increase of this article of subsistence.

While investigating the natural causes of the production of this fish, to seek in them a guide towards legislation better adapted to the preservation and increase of the animal, we perused many parliamentary reports and their multitudinous evidence on the subject, and were struck not only by the general absence of knowledge of the true nature, instincts, habits, and migratory movements of the creature in question, but with the contradictory character of the testimony given by experienced parties. In this word, parties, however, we find the clue to the origin of these conflicting statements, since the two interested factions, viz., the owners of river fishings, employing moving nets and rods, and the proprietors of stationary nets, fixed near the mouths of rivers, seek to obtain changes in the law that shall give them the largest share of salmon-the hugest slice-by propounding views of the fish's nature suitable to the regulations they respectively demand.

In the eyes

of the former party, the salmon is a river fish; in those of the latter, a sea one; and, accordingly, each ichthyologic pleader on either side sets forth a separate theory as to the coveted animal's habits, adapted to support the call for a law calculated to promote the profit of his party. In this quarrel, it is not surprising that every man takes no more than his own view, and sees darkly, as through antique glass, or rather through water-since it is in the nature of the

can trace its movements for half a minute. Yet, notwithstanding this obscurity, one party, the fixed-net fishers, permitted themselves to speak of the intentions and movements of this fish as they would of those of a flock of sheep on a village green. Should we ourselves write over confidently in the ensuing pages, we are open to correction. The facts we shall endeavour to develop bear importantly, as will be seen, on the entire question of these fisheries, especially as to their power of production and profit; and therefore our deductions affect the public interests in this national resource, in a legal point of view; because, if it can be shown that the habits of the fish are directed by design, and not by chance, it follows that the law requires suitable regulation.

The general phenomena presented by this tribe of fishes do not seem sufficiently appreciated; and yet in few cases has the Creator imprinted more remarkable instincts. Of these, the grand migratory movements of salmon from their rivers to the sea, and back again along the coast to the rivers, shoal succeeding shoal, form the particular habit to which we desire to draw the reader's attention. These movements have a near and beautiful analogy in the case of the migrations of the eel tribe, which are in reverse, beginning from the sea to the river. A close observer assures us that the following interesting evolutions occur when eels come in from the sea. The aggregate shoal, about to ascend the inland streams, moves up the shore of the river in the form of a long, dark, rope-like body, in shape not unlike an enormous specimen of the animals which compose it. On reaching the first tributary, a portion, consisting of the number of eels adequate for peopling this stream, detaches itself from the main body and passes up; and, in the subsequent onward passage of the shoal, this marvellous system of detaching, on reaching the mouths of brooks, a proportionate quantity of the great advancing swarm, is repeated, until the entire number has been suitably

fishermen pronounced that a salmon so afflicted, having taken a freshwater dip, and having thus rid itself of those infesting parasites, returned to the ocean. Of this retrograde movement on the part of the animal there is no proof, further than that the creature is sometimes caught in the ebb chambers of stakenets in estuaries. Yet this phenomenon is easily accounted for by the fact, that the fish, whilst waiting for a flood, hang in the tideway, moving up and down with the current, and thus find their way into the ebb traps. The migratory ascension of salmon cannot be accounted for by a conjecture of that vague sort; which is only to be paralleled by an assertion that the tribe of migratory birds, as swallows and pigeons, are impelled by fleas in their flight. Certainly, there is some piquancy in the argument; but it robs our pet fish of instinct, by implying that it is driven from sea to river and back again, like a shuttlecock.

In our view, the creature under controversy is both a sea and river fish, yet has its belongings; for it returns to the stream in which it was bred, like the swallow to her parent's nest, the bee to its hive, and the pigeon to its dove-cot. It may, therefore, be said to appertain to its particular river; yet only by natural law-which we are not inclined to allude to by way of enhancing any private claims to right of property, and to which we refer merely to remark, that the fixed-net party have attempted to overthrow this old view of the habits of the fish in question. Seen simply scientifically, the salmon is indeed a migratory, gregarious, and pairing animal, because it is bred in brooks, where it does not find sufficient food, but which it must revisit to breed; hence it proceeds in shoals down to its feedinggrounds, and returns in the same arrangement to its spawning-grounds, where the collective assembly scatter and form into pairs. Similarly, when migratory birds reach their destination, they disperse and pair, the gregarious instinct being overcome by the pairing impulse.

Salmon resemble herrings, in being both gregarious and migratory. In the sea they move about in separate shoalsa fact from which the interesting theory is deduced, that each collection belongs not merely to the great river down which it originally descended to the sea, but even to the tributary stream where its members came to life. Hatched in separate rivulets, the fry pass down them to the ocean, yet have the instinct of returning in distinct bands to their respective streams. Each shoal, therefore, may be said to resemble an ancient Highland clan, to whom their own valley was their special country; for it is believed that every tributary of a river has a variety of the salmon species peculiar to itself, and which returns to it regularly from the sea. The difference between the salmon of certain rivers can be recognised by practised eyes at a glance. In evidence before a former committee, Mr. Little, a most experienced stake-net fisher-the father, indeed, of the system-admitted that, if salmon entered any river indifferently, there would be no distinct breeds belonging to particular streams; and he referred to the notorious difference between the fish of three rivers, which fall into the same bay-namely, the Bann, Bush, and Foyle. The least initiated epicure, sauntering down Bond Street, cannot fail, in passing Groves' shop, to discriminate between Dutch and Scotch salmon. Our fly-fishing friends, sharp-eyed fellows, assure us they can see distinctions in the shapes and spots of the latter commodity, which mark them as the produce of certain rivers. And this is not surprising, considering the infinite variety of all other animal life.

The last point in our argument seems conclusive. If salmon entered rivers merely as chance directed, a large stream might not render more fish than a small one; and thus the Tay, which possesses the greatest power of all the Scottish rivers as a salmon-producer-because she pours the greatest quantity of fresh water into the ocean, and has the largest area of tributaries, with an immense extent of spawning-ground-could not

being the wonderful instinct by which Nature ordains that each stream shall be provided with a competent number of this migratory creature, our readers will more readily give credence to the theory we shall presently deduce regarding the movements of "the monarch of the brook." Prior, however, to propounding our doctrine, it will be well to demolish some erroneous dogmas laid down by the party known in this controversy as the fixed-net interest; a party to which we are by no means hostile, save so far as we are opposed to mistaken notions about the fish, and to whatever injurious legislation mistakes have given birth to.

About forty years ago, when fixed nets were first introduced, their owners found it requisite to overcome the popular prejudice against the use of these monopolizing engines, in order to shield the valuable property in them from application of the prohibitory principle in Magna Charta. Ranged against them was the old river interest, with its band of bereaved fishermen, whose cause was eloquently advocated at that very time in Redgauntlet." The new party, however, was powerful, and made itself more so by advancing several assertions in favour of what it fondly dubbed, "the improved method "-the boldest argument being that salmon is a sea fish; and this notion was lustily maintained, since, were it true, the newlyinvented contrivances might be declared to be acting where nature intended this tribe of fishes to be captured. Unable to deny that, if salmon invariably ascend rivers, the take in sea nets must occasion a corresponding diminution in the river fisheries, these usurpers, or absorbers of the river produce, sought to evade the loud complaints raised against their detrimental occupation, by starting a novel natural history theory. One of their new ideas was, that "there

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"market supply." But of what nature are these suppositious salmon Their new friends, who would rescue them from the teeth of seals and porpoises, announced that many of the sea species of salmon" either are barren, and therefore do not desire to enter a river for the spawning purpose, or are content to spawn in the sea. In short, the point was, to prove that the creatures in question did not necessarily breed in rivers, since, if they bred only in rivers, seanets cannot add to the market supply, as these machines can only catch by intercepting what otherwise would pass up stream. To carry this indispensable point, some witnesses, on examination before Parliamentary Committees, went so far as to say they believed that the disputed animal deposits, under some circumstances, as when it is shut out from fresh water, its ova or roe in salt water. Yet no evidence was adduced as to this supposed fact, important as it issince, were the assertion true, much law, care, and expense, in the matter of conservation or protection would be unnecessary, because there would be less need for protecting the creature when on its inland spawning-beds. The dispute was hotly and keenly carried on: canny fishers in the fixed-net interest, pronounced as their opinion, that "salmon come from the sea," and added, when farther pressed, that this fish "comes from the north," just as woodcocks are vulgarly believed to come from the moon. Manifestly, argued this party, the salmon is a sea fish, for it always fattens, and sometimes spawns, in the briny deep; and, moreover, our nets cannot be said to deprive any particular river of its pseudo produce. Every experiment, however, has shown the fallacy of the idea that salmon ova can vivify in salt water. Bent upon having this animal considered as a sea fish, this piscatorial party also advanced the notion that it resorts indifferently to any river, and that not necessarily, as for the spawning purpose, but with a sanatory object, viz., to clear itself of sea lice-insects which are sometimes found

fishermen pronounced that a salmon so afflicted, having taken a freshwater dip, and having thus rid itself of those infesting parasites, returned to the ocean. Of this retrograde movement on the part of the animal there is no proof, further than that the creature is sometimes caught in the ebb chambers of stakenets in estuaries. Yet this phenomenon is easily accounted for by the fact, that the fish, whilst waiting for a flood, hang in the tideway, moving up and down with the current, and thus find their way into the ebb traps. The migratory ascension of salmon cannot be accounted for by a conjecture of that vague sort; which is only to be paralleled by an assertion that the tribe of migratory birds, as swallows and pigeons, are impelled by fleas in their flight. Certainly, there is some piquancy in the argument; but it robs our pet fish of instinct, by implying that it is driven from sea to river and back again, like a shuttlecock.

In our view, the creature under controversy is both a sea and river fish, yet has its belongings; for it returns to the stream in which it was bred, like the swallow to her parent's nest, the bee to its hive, and the pigeon to its dove-cot. It may, therefore, be said to appertain to its particular river; yet only by natural law-which we are not inclined to allude to by way of enhancing any private claims to right of property, and to which we refer merely to remark, that the fixed-net party have attempted to overthrow this old view of the habits of the fish in question. Seen simply scientifically, the salmon is indeed a migratory, gregarious, and pairing animal, because it is bred in brooks, where it does not find sufficient food, but which it must revisit to breed; hence it proceeds in shoals down to its feedinggrounds, and returns in the same arrangement to its spawning-grounds, where the collective assembly scatter and form into pairs.

Similarly, when migratory birds reach their destination, they disperse and pair, the gregarious instinct being overcome by the pairing impulse.

Salmon resemble herrings, in being both gregarious and migratory. In the sea they move about in separate shoals

fact from which the interesting theory is deduced, that each collection belongs not merely to the great river down which it originally descended to the sea, but even to the tributary stream where its members came to life. Hatched in separate rivulets, the fry pass down them to the ocean, yet have the instinct of returning in distinct bands to their respective streams. Each shoal, therefore, may be said to resemble an ancient Highland clan, to whom their own valley was their special country; for it is believed that every tributary of a river has a variety of the salmon species peculiar to itself, and which returns to it regularly from the sea. The difference

between the salmon of certain rivers can be recognised by practised eyes at a glance. In evidence before a former committee, Mr. Little, a most experienced stake-net fisher-the father, indeed, of the system-admitted that, if salmon entered any river indifferently, there would be no distinct breeds belonging to particular streams; and he referred to the notorious difference between the fish of three rivers, which fall into the same bay-namely, the Bann, Bush, and Foyle. The least initiated epicure, sauntering down Bond Street, cannot fail, in passing Groves' shop, to discriminate between Dutch and Scotch salmon. Our fly-fishing friends, sharp-eyed fellows, assure us they can see distinctions in the shapes and spots of the latter commodity, which mark them as the produce of certain rivers. And this is not surprising, considering the infinite variety of all other animal life.

The last point in our argument seems conclusive. If salmon entered rivers merely as chance directed, a large stream might not render more fish than a small one; and thus the Tay, which possesses the greatest power of all the Scottish rivers as a salmon-producer-because she pours the greatest quantity of fresh water into the ocean, and has the largest area of tributaries, with an immense extent of spawning-ground-could not