But to return to the fish. If any gentleman who is interested in such matters will do me the honour to read this paper, and wishes for further information on the subject, I shall be happy to give it, so far as I am able. Very sure I am that the sportsman who once fairly starts as a fly-fisher, and is so fortunate as to hook a Salmon or a large Trout, will thenceforward despise or lightly esteem corks and floats, ground-bait and trimmers, punts and Perch fishing, and will fairly wish them all exchanged for a nice stream well stocked with Trout—as a gentleman lately said to me, fly- fishing is a perfect infatuation! He was quite right. The extreme avidity with which it is followed by the thoroughly initiated, can only be explained on that supposition; to the casual observer, there does not appear to be any strong excitement in it. But that is a great mistake. Let me get to the bank of a river well stocked with Trout in a good humour, early in the morning, and I feel neither hunger, thirst, nor fatigue if I fish until dark without tasting of anything. And the excitement of hooking a ten or twelve pound Salmon is not much inferior to that produced by a long run after the hounds.
I cannot conclude without calling the attention of all interested, and who are able to render assistance in remedying the evil, to the great falling off in the quantity of fish there is in all the Salmon rivers in England. With those in Scotland and Ireland I am not acquainted, but believe that matters are not in a much better state there. I believe that the unsatisfactory state of the laws has a great deal to do with this decline in the value of the fisheries, and I also believe that it is quite possible so to alter the law as to very greatly improve them, and that without improperly interfering with what is of far more importance—I mean the manufactories of the country. As the law stands at present the proprietors of the upper parts of rivers have not the slightest interest in the preservation of the fish in the breeding season, for, as they are seldom allowed to see a fish when it is fit for the table, why should they look after the poachers in close time? Why should they be put to much expense and trouble, as well as the risk of the lives of their game-keepers, merely to breed fish for the proprietors of stake nets and estuary fisheries, who don't spend a farthing in the preservation of the fish when breeding, and yet reap all the benefit? I had occasion, some years ago, to examine the evidence on this subject given before the House of Commons in 1825, and was exceedingly amused at the schemes resorted to to evade the law, moderate and inefficient as was the law at that time. (Since then the law has been altered both in Scotland and Ireland, but I do not know what are the provisions, nor what has been the effect of the new law.) It required that there should be a free passage for the fish (Salmon) through all the traps, nets, weirs, and devices that were used to catch or detain them, from sunset on Saturday night to sunrise on Monday morning. One man said he paid L7,000 a year for his fishery, and should lose one-seventh of his catch. Another said he allowed a free passage on Sundays, but would not permit anybody to go and examine for themselves. A third proved that he allowed the fish a free passage on Sundays, but his neighbours proved that he placed in the gap a crocodile, painted red. And a fourth was convicted of breaking down the stake nets in the estuary of a river—at the same time he had a net stretched entirely across the river above, both day and night. And so with many others, every one striving with all his might to kill the goose that laid the golden eggs.
This is not the way to improve the Salmon fisheries. To do this effectually the upper proprietors must have a strong interest in the preservation of the breeding of fish, and in order to give them this interest they ought to have an ample supply of fish when they are in the best condition; but to give them this supply the law ought to be altered. At present I believe the law does not require a free passage for the fish (at least in English rivers) except from Saturday night to Monday morning; in many of them I believe this is not insisted upon; whereas the law ought to prohibit fishing for or obstructing the passage of the fish every night from sunset to sunrise, and this regulation ought to be rigorously enforced. This would give the upper proprietors a chance of having good fish, and a corresponding inducement to take care of them. Nobody would be so much benefited as the owners of fisheries at the mouths of rivers; they would be the first takers, and would still get the lion's share of all the fish that ascended the river. If this regulation were enforced, the expenses of conservators might be defrayed by levying a small tax, in the shape of a licence for angling, which all true sportsmen would be glad to pay if it gave a reasonable prospect of a well-stocked river. Now matters are getting worse every day, and notwithstanding the enormous fecundity of the Salmon (a large one producing 25,000 ova in a season), they are now extinct in some rivers where they used to be found in my recollection, and in others where they were once abundant they are now very scarce. No one need to wonder at this, when he is told that gangs of poachers are on the look-out for them all through the spawning season. In one winter, some years ago, I am credibly informed that two hundred Salmon were taken in one stream within five hundred yards of the spot where I am now writing. It is nobody's business and nobody's interest to prevent this, and therefore it goes on openly night and day.
Are there no influential gentlemen in the House of Commons who will take up this matter and endeavour to get an equitable and comprehensive law passed for the preservation and increase of the breed of Salmon? It is a matter of even national importance, and if duly provided for and properly attended to, I see no improbability in the supposition that Salmon would again be as abundant as they were when the apprentices on the banks of the Ribble stipulated that they should not be compelled to eat Salmon oftener than three days in the week. The apathy of country gentlemen in this matter is to me unaccountable. I have some reason to believe, however, that Government have at all times been so far from lending their influence to the promotion of any attempts to amend these laws, that they have obstructed rather than assisted them, most probably from an idea that the preservation of the fish would interfere with manufactories. If I thought that this would be the case, I should not say a word on the subject; but I am very far from holding such an opinion. So far from this being the case, I assert without hesitation that weirs need form no obstruction to the free passage of fish, and that without impairing the efficiency of the water power. With the poisonous and filthy mixtures sent by some manufactories down the rivers, the case is far different, and where this is done the case is hopeless. Salmon and Trout will rapidly disappear from such rivers, never to be seen there again, so long as these noxious contaminations are permitted to flow into them.
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CLITHEROE,December 26th, 1853.
To the Editor of the "Manchester Guardian."
SIR,—I have read with some interest the letter of your correspondent, Salmo Salar, on the artificial breeding of fish; and knowing, as I do, the great interest which the writer feels in the preservation and increase of his namesakes, I shall be most happy if my humble efforts in the same cause throw any more light on the same subject, and in any degree contribute to the same end.
But Mr. Salmo Salar is quite wrong in saying that, with the exceptions of the experiments made on the banks of the Hodder, by Ramsbottom, no efforts have been made to increase the number of Salmon by providing artificial breeding-places. Passing over my own numerous experiments here for the last fourteen or fifteen years (which you, Sir, are aware of, though the fishing world is not), I may refer to the extensive experiments made by Mr. Fawkes, of Farnley, in 1841 and 1842, and renewed again in 1848 and 1849; and the whole of which (with the exception of a portion of these in 1842) were successful. The experiments of Salmo Salar were not made until 1851 and 1852, and were intended merely to test the accuracy of an assumption that the impregnation of the ova takes place long prior to their exclusion; which experiments terminated in a complete failure. Salmo Salar says that the quantity of Salmon fry in the river is enormous; and that he has caught five pounds of them in a single pool in a single day. I have known three times that quantity caught in the same way. But still this proves nothing at all, for it is well known that almost all migratory animals, however solitary their general habits may be, are gregarious at the time of migration. Witness swallows, fieldfares, and even woodcocks. Witness also the clouds of small Eels ascending the rivers in May and June; and if we are to believe the accounts of travellers, the enormous flocks of antelopes in Africa, and of bisons in America, are proofs of the same general law. No doubt Salmo Salar will find, as he says, that the Samlets are exceedingly abundant in some of the pools, when they have flocked together for the purpose of migration; but he may perhaps travel for miles either up or down the river before he will find any more. It is notorious that, in the tributaries of the Hodder, they are walled in, in many places, for the purpose of detaining them, that unscrupulous anglers may get as many of them as possible before they go to the sea. Salmo Salar is in error also when he says that Ramsbottom deposited 40,000 in the ponds of Galway, of which 20,000 are expected to be fruitful. The fact is, that he deposited 40,000 in December, 1852, of which above 20,000 are now alive and in the ponds, varying from four to five inches long to two or three, notwithstanding that experiment was made under very unfavourable circumstances; for there was so much mud in the stream that supplied the spawning-boxes, that when Ramsbottom left Galway he was afraid all the ova would be choked by it.
Salmo Salar seems to think that almost all the ova deposited naturally come to life, and that very few of those deposited artificially do so. This, however, is quite contrary to my experience, and I think that if Salmo Salar will listen to the evidence he will change his opinion. It is well known that Salmon are very fond of particular streams, their instinct no doubt informing them which are suitable to their purpose; and when one pair of fish have finished spawning, another pair will come and occupy the same place. Now, what takes place under such circumstances? The ova which were deposited by the first pair are rooted up by the second, and their specific gravity is so near that of the water, that they roll down out of the loose gravel and are picked up by the Trouts, Par, and other fish that are always lying in wait just below for that purpose. When Ramsbottom was in Galway he caught a large Trout, out of whose throat he squeezed a thousand ova, which were deposited in a spawning-box, many of which came to life notwithstanding the pit they had escaped from. The extraordinary avidity with which Trout take Salmon roe as a bait is also a proof (if that were needed) of their preying upon it in the spawning beds. Yet, in addition to them, are all the Par, Bullheads, Eels, Loaches, and aquatic larvae which may be found swarming in every spawning bed by any one who will look for them. In addition to these enemies, millions of the ova are destroyed by being washed away by heavy floods, and as many more are destroyed by being choked with mud and sand in the spawning beds as well as by being left dry at low water owing to the Salmon spawning in places which frequently become quite dry in early spring. No doubt many of the Salmon fry when they have reached the sea are destroyed by enemies there, of which we know nothing. But still, if 500,000 are bred, in addition to all that are reared naturally, it will represent a larger proportion of the whole than Salmo Salar seems to suppose; otherwise, how is it that in rivers where Salmon are protected, or still more in unsettled countries, the Salmon are so numerous? The Salmon in the Columbia river, on the north-west coast of America, are cast dead upon the shores by myriads after the spawning season, and these are merely the fish dying from exhaustion, as a small portion always do here. How numerous, then, are those which ascend the river to spawn, and go down again to the sea afterwards! No doubt the grand object to be attained is to make Salmon abundant, and the most important step towards the attainment of this object will be to give an efficient protection to the spawning fish, and the only way to do this effectually is to give the upper proprietors of rivers such an interest in the Salmon fisheries as will make them worth attention. At present this is far from being the case. Now the upper proprietors are merely considered as so many clucking hens, whose business and whose duty it is to hatch Salmon for the proprietors of fisheries at the mouths of rivers, who do not in many cases spend a farthing in their protection when spawning, and who grievously begrudge the upper proprietors every fish that is able to pass their nets and other engines of destruction. Let the upper proprietors of Salmon rivers bestir themselves so to amend the law as to give them a chance of having a supply of Salmon when they are in season. They cannot and will not have a more efficient ally than Salmo Salar. Salmo Salar is in my opinion quite right when he says that the fish kept in ponds will not be quite so well able to take care of themselves as fish which have been bred and lived all their lives in the river. Nor do I think that this is necessary for any longer period than until the young fry get rid of the umbilical vessel; after which they are quite able to take care of themselves. Before that time they are scarcely able to move, and thousands of them fall a prey, not only to the other fish, but to the larvae of aquatic insects which prey upon them very greedily. As I happen to know from my own observations, the larva of the stone fly (May fly of Lancashire) and those of all the larger ephemera (drakes), to say nothing of the fresh-water shrimps, swarm in all the spawning beds, and no doubt destroy myriads of the ova. All these would be saved by proper precautions and well formed spawning-boxes, with good supplies of spring water to feed them.
I think Salmo Salar has very greatly over-estimated the quantity of Salmon fry that go down to the sea from the rivers. He speaks of them going down by millions. Now we will take the river Hodder as a river with which both Salmo Salar and myself are well acquainted, and I will venture to say that, so far is this an over-estimate, that if he would take the hundredth part of the number he would be much nearer the truth. The Samlets when they go to the sea may be reckoned to weigh eight to the pound, and two millions would at that rate weigh one hundred and ten tons. Does Salmo Salar think that one ton and a tenth of Smolts go down the river Hodder to the sea on an average of years? I have more favourable means of judging of the quantity that go down the river Ribble than I have of those of the Hodder, and I believe I should very greatly exaggerate their numbers if I estimated them at any such weight as a fourth of that quantity. Again, the Hodder and the Ribble are, in some respects, far more favourable for spawning than many other rivers; for partly owing to the country through which they pass, and partly owing to the rapidity of their streams, the gravel is large and very suitable for spawning in; there is also far less mud and sand in them, and the spawning beds are much less liable to be choked up than they are in many other rivers. No doubt the Salmon will make the best selection in their power, but they can only select from such places as there are; and if those are not suitable the ova must be in a great measure destroyed. Since Ramsbottom returned from Scotland he has visited the river Dee, about forty miles from Chester, and there he found the spawning beds (ridds as Salmo Salar calls them) silted up with mud and sand, and the ova buried in them to the depth of eighteen inches. How or when were the newly hatched fish (supposing, which is very improbable, that they ever did hatch) to make their escape from such a heap of filth? It would be quite impossible.
In conclusion, it seems desirable and quite necessary to say a few words as to the priority of discovery of this process of fish propagation. The French claim it; the Irish seem to claim it; the Messrs. Ashworth take great credit for it; and now Salmo Salar says he first suggested it. Allow me, as there are so many claimants in the field, to suggest one or two more. In the year 1832, without knowing that such a thing had ever been done or even thought of, I made some experiments on the spawning of fish and the artificial impregnation of their ova, which I communicated to "Loudon's Magazine of Natural History," in which they appeared. After that came the Duke of Buccleuch's game-keeper, Shaw, whose experiments were both satisfactory and conclusive. This was in 1836 or 1838. Then after my experiments at home, I induced Mr. Fawkes to take up the matter in 1841, and they were resumed in 1842, and again in 1848 and 1849, both with Salmon and Trout. It was at this period that Ramsbottom came into the field. At Mr. Fawkes's request I instructed him in the art, and sent him to Farnley, where he was perfectly successful; and since then, I believe he has had more experience and been more successful than any other propagator in the kingdom.
The principle of this system is very easily comprehended; but success depends on many niceties of manipulation, and much experience in judging whether the fish, both male and female, are in the proper condition for operating upon.
This experience is not gained without much practice. This practice Ramsbottom has in great perfection. There is no doubt the artificial breeding of fish will be found exceedingly beneficial, if properly carried out; and I hope to see the time when Salmo Salar may catch half-a-dozen of his namesakes at Whitewell, any good day in the season.
I am, Sir,Yours very truly,THOMAS GARNETT.
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CLITHEROE,9th January, 1854.
To the Editor of the "Manchester Guardian."
SIR,—As I believe that Salmo Salar is quite as desirous of increasing the breed of Salmon as myself, the controversy between us may be reduced to very narrow limits. He believes that Trout eat very few of the Salmon ova, and therefore cannot do much harm. I will just mention a few facts which make me think otherwise. When Ramsbottom was in Galway he caught in one night twenty-five Trout on the spawning ground, which had on the average not less than five hundred ova in each of their stomachs; from one of their throats he squeezed a thousand. As the net would not take a fish of less than two pounds, how many had passed through it? When he was at Knowlmere, in sweeping the river for spawning fish he caught nine Par, two Trouts, and a Sprod on the spawning bed, all of which were gorged with Salmon spawn; when he went into the brooks there he never found a pair of Trout spawning without also finding a number of smaller fish behind, some of which he caught, and in all such cases found them gorged with roe up to the throat; the male Trout would occasionally drive them off, but as soon as he returned to the female they were again close in the rear.
In the "Perthshire Courier" of the 22nd December is the following statement: The men employed in taking the breeding fish secured a Whitling on Tuesday about three-quarters of a pound, and as they observed Salmon ova coming out of his mouth he was brought to the office of Mr. Buist for examination; on being opened, upwards of three hundred impregnated Salmon ova were taken from his stomach quite undigested. It may be, therefore, fairly presumed, that this youngster had taken this quantity for his breakfast; if he dined and breakfasted in the same style each day during the breeding season, it is difficult to estimate the expense of his keep. Such is the amount of loss of impregnated roe in one morning from one trifling fish; what must it be throughout the season from the various enemies it has to encounter?
Salmo Salar is facetious about the destruction of the roe by insects, and says, "because an aquatic insect will devour a minnow's egg, which is not as large as a pin's head, we have no right to infer that it will devour that of a Salmon, which is as large as a pea; it would be just as reasonable to suppose that because a wasp feasts upon a cherry, or a strawberry, therefore he will eat a turnip or a mangold wurtzel." As he seems to have made a slip of the pen in naming the two lastfruits, allow me to supply what I suppose he meant to say, which I presume was that because a wasp eats a cherry or a strawberry, we must not therefore infer that he will either eat a pear or a plum; if that is his meaning, I think I can understand it. If he adheres to his own version, I would merely observe that there is no analogy in the two cases. But the inference does not rest upon mere supposition; the freshwater shrimps at Knowlmere were seen devouring the ova in the spawning-boxes. We have seen above that Par eat ova as well as Trout. Let us suppose that the millions of Smolts (as Par) have only one meal each of Salmon roe, and we will stint them to twenty ova apiece. I fear that very few of the five millions which Salmo Salar says are deposited in the Hodder will be left to grow into Salmon. In addition to these, ducks, both wild and tame, eat them greedily. When Ramsbottom was in Galway he saw that the tame ducks frequented the spawning ford, and the superintendent bought one, and found its crop quite full of Salmon roe. If this had been buried eighteen inches in the gravel (as Salmo Salar suggests), the duck would have had some difficulty in extracting it; but so far as my experience goes, it is not usually one-half that depth, although this varies in different rivers. Then, if one Salmon is able to plough up gravel which is cemented together by sand and long continuance in one place, why should not another be able to do the same when the gravel is loose and easily removed? But there is another enemy whom Salmo Salar has not mentioned, who does more harm than all the rest: that is the poacher, and I fear that many of the Salmon which Salmo Salar saw spawning in the Hodder and its tributaries have since then made a journey overland. At all events, I am credibly informed that in one season a gang of poachers took seventy Salmon in the Hodder. Is he sure they have taken none this season? Salmo Salar seems to think that one pair of Salmon will not spawn on the same ground, which has been previously occupied by another pair; but he has only to watch the same ridd for a week or two to be convinced he is mistaken. As to fish refusing to spawn on new gravel, I may state that when Mr. Fawkes was making his experiments at Farnley he put some new gravel into his brook, and there were sixteen pairs of Trout spawning on it the next morning. Salmo Salar says that if he can have those simple checks which he enumerates to the present practices, he will restore abundance of Salmon to the Ribble; they are all very good in their way, but do not go quite far enough, and they would do very little good without a fourth, namely, protection from the poacher for the fish on the spawning beds. Until this can be given more efficiently than it is at present, all the rest will be unavailing; and until the upper proprietors can have a greater interest in the preservation of Salmon than they now have, they cannot be expected to give themselves much trouble on the subject.
My readers would not be much edified by strong assertion and counter-assertion of what Trout do, and what they cannot do; nor is it probable that where we differ we should convince each other; neither do I see any occasion for personality, when both parties are actuated by the same motives—a desire to see the Salmon fisheries restored to a state of great prosperity. I therefore avoid noticing some of Salmo Salar's remarks, which seem to me a little tinged with this spirit, and hope we shall be able to act in concert for the attainment of that desirable result. Salmo Salar will find that the number of Smolts is not always determined by the quantity of ova deposited: if he will examine the bed of the Hodder the next low water, he will find many of the ridds disturbed by the ice floods of yesterday; and if he doubts this, I shall be happy to examine them along with him, if he will give me previous notice of his intention.
Since the above was written I have seen Ramsbottom, who tells me that the stream in the Tay, where he caught the whole of the fish from which he obtained 300,000 to 400,000 ova, was on one side of it one continuous ridd, and that the fish could not avoid ploughing up the gravel which previous fish had spawned in, and at Oughterard, where 300 pairs of fish spawned in the same number of yards, it was the same; and they found thousands of ova buried so deep that they were rotting in great quantities.
With regard to what Salmo Salar says about the infrequency of a veritable spawning bed being washed away by floods, I refer him to what I have said previously; but Ramsbottom tells me the game- keeper at Harden (Haworth) will be able to give him sufficient proof that in the Langden Brook this has occurred, as he found the ova on the dry land by thousands, which had been left there by the flood.
When Ramsbottom was at Perth he found on one of the fords, a space of twenty yards long and fourteen yards wide, filled with ridds, which was entirely left dry. What would become of all the spawn deposited there?
Salmo Salar seems to think nature is quite sufficient to take care of her own interests without our interference, and that without some counter-acting influence to keep the breed of fish in check, the river would not hold all that would be bred. I quite agree with him in this, provided nature had fair play; but she has not, and occasionally needs a little help: else why do we employ game- keepers to trap cats, foxes, and weasels, to shoot hawks, carrion crows, and magpies, and to breed pheasants, as well as to prevent poaching? If these precautions are unnecessary, why go to such expense? and if they are necessary for hares and birds, may they not be also for fish?
I hope Salmo Salar will investigate what I said about walling in of the Smolts in Langden Brook. I fancy he may have seen these enclosures himself; at all events, I have, and although I cannot prove they were erected for that purpose, I do not doubt the accuracy of my information.
I am, Sir,Yours very truly,THOMAS GARNETT.
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The following letter was sent to me from Chester:—
CHESTER,3rd February, 1854.
SIR,—We are about to make application to Parliament for a Commission of Inquiry into the state of laws respecting the fisheries of England and Wales. And Mr. Ashworth, of Poynton, has been so good as to refer me to you, as able and willing to furnish us with information on the subject.
The annual meeting of the river Dee fishery association will be held on the 20th instant, when I purpose to lay before them the draft of a petition to Parliament for their approval.
I am anxious in the meantime to obtain all the information possible relative to the working of the present laws, their defects, and the alterations to be proposed in them, in order that a condensed statement may be embodied in the petition as the ground of our application.
I should be exceedingly obliged for any remarks your experience may suggest, and trust you will accept the cause which dictates my writing as a sufficient apology for troubling you on the subject.
I have had great pleasure in reading your able replies to Salmo Salar's letters. On the appearance of the first, I was strongly prompted to reply to it myself, but rejoiced to find him in much better hands.
I remain, Sir,Yours very truly,WILLIAM AYRTON.
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CLITHEROE,4th February, 1854.
DEAR SIR,—I am favoured with your letter of yesterday, and shall be glad to give you any information I may possess on the habits of Salmon, or the requirements of any act of Parliament necessary for the preservation and increase of this valuable fish. Being a mill- owner, I have interests which are supposed to clash with those of fish preservers; but I hope to be able to show that all mill- owners are able to give a passage over their weirs at all times when the fish are inclined to run; that is, when there are freshes in the river. I say this the more confidently, as I believe the works here are the largest in England for the power of the stream they stand upon, and I find it necessary to employ 150 horse-power of steam. Yet I find from a careful register, which has been kept here since the year 1838, that we are able, without interfering with the efficiency of the water power, to give the fish a passage over the weir 181 days, or part of days, annually, and this at times when alone they are disposed to avail themselves of such a passage—that is in floods.
The suggestions that occur to me from time to time I will not fail to send you. At present the following seem to me to be essential, to give efficacy to any Act of Parliament framed for the purpose of preserving and increasing the breed of Salmon, for without some such provisions the gentlemen on the upper parts of rivers will have no inducement to exert themselves in the matter.
First.—No nets or other engines, except rod and line, should be used for taking fish from six o'clock at night to six o'clock in the morning, and all fish should be allowed a free passage up the stream every night when this does not destroy or impair the efficacy of the water power.
Second.—No mill-owner nor his servants, nor any other person, should be allowed to take fish at his weir, or within fifty yards of it.
Third.—Conservators should be allowed to go into all wheel-races, wheel-houses and tail-goits, and also upon all lands on the banks of Salmon rivers, as well as inspect all cruives, weirs, &c., without being deemed guilty of trespass.
Fourth.—All weirs kept solely for fishing purposes, cruives, &c., should be compelled to give a free passage to the fish every night from six o'clock to six o'clock in the morning; and any obstruction placed in the gap calculated to hinder or frighten the fish back, should be deemed breaches of the Act of Parliament and liable to a penalty.
Fifth.—All nets and other devices for catching Eels should be prohibited in April, May, and June.
Sixth.—Close time should be altered and extended, as well as made uniform, in all rivers.
Seventh.—The sale and use of Salmon roe should be prohibited.
Eighth.—Justices should be enabled to assist the passage of fish over weirs by any contrivance which did not impair their stability nor the efficiency of the water power.
Ninth.—All cruives should be formed of vertical bars, and should have the intervening spaces to measure not less than three inches.
Tenth.—No nets used in a Salmon river should measure in the mesh less than two inches and a half from knot to knot.
Eleventh.—Any person having no right of fishing found with a net in his possession or a Salmon out of season, should be guilty of misdemeanour.
Twelfth.—A ten shillings' licence for angling for Salmon.
The reasons for most of these suggestions will be obvious to you, but there are some which may not be so; I will therefore give a short comment on such.
Third and fourth.—The conservators shall have the right to inspect all wheel-races, cruives, &c., to see they are properly regulated, and also to see that no contrivance is used to drive the fish back. In the evidence given before the House of Commons in 1825, it was proved that the lessee of a fishery in Scotland used to place a crocodile painted red in the king's gap, which the law compelled him to give from Saturday night till Monday morning.
Fifth.—The prohibition to set Eel nets in April, May, and June is to prevent the destruction of Smolts when going down to the sea.
Seventh.—Salmon are destroyed here when spawning chiefly for the sake of the roe. If a man were fined for selling it or having it in his possession, this inducement would be weakened.
Eleventh.—There is the same reason for seizing the net of the black fisher that there is for seizing the snare of the poacher, and if the latter can be convicted for having hares or snares in his possession, I do not see why the former should not for having nets and Salmon.
A meeting of the gentlemen interested in the fisheries of the Ribble and the Hodder will be held on Friday, the 17th instant, previous to which time I should be glad of your criticism.
I am, dear Sir,Yours very truly,THOMAS GARNETT.
P.S.—It occurs to me since closing my letter that I have forgotten one important provision required in any new Act of Parliament—namely, protection to the Smolts in their downward migration. Here the pools are swept with small meshed trammel nets of all the fish that they contain.
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CLITHEROE,23rd April, 1863.
To the Editors of the "Leeds Mercury."
GENTLEMEN,—I am somewhat at a loss to understand the object of Mr. Horsfall's letter on this subject which appears in the "Mercury" of to-day. If he means that fish hatched by this process are as much at the mercy of their natural enemies as they are in their natural spawning beds I differ from him entirely; but if he means that there is no good in breeding migratory fish like Salmon, when the obstacles to their return in the shape of stake nets, impassable weirs, and poisonous waters are so numerous as they are at present in many rivers (the Wharfe and the Aire are examples of both), I entirely agree with him. Let us consider both suppositions, for the more this subject is ventilated the more likely is good to arise from the discussion. I think Mr. Horsfall is entirely wrong in the first supposition, for the following reasons: By artificial propagation the young fish escape all damage from floods, and particularly ice floods, which scoop out all the loose gravel from the spawning beds, which are frequently entirely carried away by these floods. They escape all danger from drought, which in some rivers is almost as bad, there being now several mounds of dry gravel in my length of the Ribble which were spawning grounds last December. They escape being destroyed as ova by Trout, Eels, Bullheads, Loaches, the larva of aquatic insects, ducks (wild and tame), water rats, and water shrews. The last are said to be destructive to the spawn; but this I do not vouch for, as these two last-mentioned animals have not come under my own observation as devourers of spawn.
With regard to the 500 Salmon ova said to have been taken from the stomach of a Trout, Ramsbottom is the authority for it, only he says there were nearer 1,000 than 500, and he took them from the maw of a large lake Trout at Oughterard, when netting the spawning Salmon for his artificial propagation. When Ramsbottom was fish breeding for Mr. Peel the year after he first went to Ireland for that purpose, he went into the brooks at night with a light. He never found a pair of spawning fish without also finding several waiters on Providence in the shape of small Trout, which were picking up the ova that descended the streams towards them. Several of these he caught, and they were perfectly gorged with spawn.
With regard to the ducks, Ramsbottom is again my authority. He found that a flock of tame ducks frequented the spawning beds at Oughterard; he bought one for the purpose of ascertaining whether they eat spawn or not, and he found its crop quite full of spawn. With regard to the aquatic larvae of insects, Mr. Horsfall may easily satisfy himself that they destroy spawn if he will turn some into an artificial spawning bed. One of my friends failed to hatch his Trout ova because he could not keep out the fresh-water shrimps.
Mr. Horsfall seems to think that nature would be sufficient to take care of her own interests if man did not step in to aid her endeavours; but if he is a sportsman he no doubt has a game- keeper, who not only preserves the ground from poachers, but traps cats and weasels, shoots hawks, magpies and carrion crows, breeds tame pheasants, and generally looks to the well being of the game without trusting to the efforts of unassisted nature.
Let us take the second supposition, that there is no good in artificial propagation when the fish which are sent to the sea can never come back again by reason of insurmountable obstacles. If Mr. Horsfall means this he is quite right; there is no good in the upper proprietors of Salmon rivers becoming brood hens for the owners of fisheries at the mouths of rivers or the proprietors of impassable weirs, who take all the fish which get to the foot of these weirs. I quite agree with Mr. Horsfall that it is in most cases easy to build practicable fish passes, and at a slight expense, if people were willing to do so; but I wish to show that notwithstanding the boasted effects of the Act of 1861, the upper riparian proprietors have not a sufficient inducement to build fish passes, and will not do so unless the expense can be made very moderate indeed.
I will take the river Ribble to illustrate my meaning. As a general rule we have no fresh run Salmon until May, and the upper proprietors are supposed to have a sufficient share of the fish that ascend the stream if the owners of the fisheries in the estuary and the tidal part of the river cease to net from six o'clock on the Saturday night to six o'clock on the Monday morning. That is a day and a half per week. The fishing for Salmon (except angling) ceases on the 31st of August, and from the 1st of May to the 31st of August there are 123 days. Call the period eighteen weeks, which gives us twenty-seven days during which time the Salmon have liberty to pass to the upper parts of the river. But on the average of seasons, owing to droughts, the rapid absorption of moisture by vegetation, and the great evaporation, there is no fresh water to enable the fish to ascend during two- thirds of that time. Every one who knows anything of the habits of Salmon is aware that they never ascend the rivers from the estuary unless there is a fresh in the river; and, as I said before, on the average of seasons there is no fresh for two-thirds of the time from May to August. This reduces the twenty-seven days (which are supposed to feed the upper proprietors with Salmon to repletion) to nine days, and these nine days are expected to stock the river and its tributaries for one hundred miles. It is true I have not taken into consideration the privileges which the upper proprietors have of angling to the 1st of November; but besides the fact that the fish are then full of spawn, and ought not to be killed at all, very few rise at the fly, and when they are taken they can neither be sold nor used by any one who knows what a fresh Salmon is. It is a greater crime against public polity to kill a spawning Salmon than it is to steal a sheep; for, supposing it produces 10,000 ova, and one in a hundred returns as a Salmon, it returns from a place (the sea) where it has cost nothing in rent, taxes, or superintendence, and, in the finest condition imaginable, it invites us to take it.
Mr. Horsfall and I both wish for the same results (rivers swarming with fish), and although we may somewhat differ as to details, I have no doubt both would be glad to see public attention directed to these matters rather more than it is at present.
If Mr. Horsfall will do me the honour to come and see me, I will show him an efficient fish-pass which has been in operation forty years. It may suggest some ideas to him, and he may be able to suggest some improvements in it which I should be glad to receive.
I am, Gentlemen,Your obedient Servant,THOMAS GARNETT.
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LOW MOOR,4th January, 1865.
DEAR SIR,—As I believe Mr. Eden, the Commissioner of Salmon fisheries, is visiting various districts connected with Salmon rivers in England and Wales, with a view of explaining the proposed alterations and additions to the bill of 1861, and as I think from what I have learnt that the proposed alterations and additions will not be satisfactory to the upper proprietors of Salmon rivers, I wish to call your attention to the matter, that, if he should come into this district, the gentlemen interested may be able to point out to him how far these alterations are from meeting their wishes. Supposing that the new bill (as published in the "Field" newspaper, and explained and commented on by Mr. Eden) is to be understood as a government measure and one in which they will allow of no alterations, I maintain that it is very objectionable both from what it omits and what it purposes to do.
To begin with the former, or, in other words, to take the recommendations of the Worcester meeting as the groundwork of new legislation, it does not touch on several of them; they were, so far as I remember (for I have no memoranda to refer to) an extension of the weekly and annual close time—minimum penalties: —a close time for Trout, and a right of way on the banks of Salmon rivers for all water-bailiffs, duly appointed, without their being deemed guilty of trespass; and a tax on fishery nets and implements, for the purpose of defraying the expenses of protection.
Now, so far as I understand the bill as proposed, the only one of these recommendations included in it is the tax. I am wrong in this—the taxation is not included in the bill, but was suggested by Mr. Eden at the meeting he attended lately at Chester. The bill proposes that the choice of conservators shall be vested in the magistrates at quarter sessions, and the conservators shall have power to expend all the funds raised by voluntary subscriptions for certain purposes mentioned in the act. But Mr. Eden suggested at Chester that if these funds were inadequate the conservators should have the power of supplementing them by a rate on the owners and lessees of fisheries in proportion to their extent. Now one man may have an estate on the banks of a river extending for miles from which he derives little or no revenue; while another may have a fishery not extending more yards than the other does miles, but from which he derives a revenue of as many pounds as the other does pence. If Mr. Eden's meaning is lineal extent, I feel very sure it will not meet with the approval of the upper riparian proprietors. Again, why should the magistrates in quarter sessions (nine-tenths of whom know nothing of Salmon or Salmon rivers) choose the conservators? What, for instance, would the magistrates meeting at Wakefield know of the Ribble or the Hodder? What would they care about the matter? They would choose the men who had power to tax the riparian proprietors and lessees; but as they would not be taxed themselves, they would look on with great composure. No; if we are to be taxed, let us tax ourselves, and not leave it to those who will have no interest in the matter, and who may involve us in litigation and expense over which we shall have no control.
The recommendations of the Worcester committee deserved more consideration on the part of Government. They were suggested by men of great experience, and, moreover, unless they are adopted and legalized by Parliament there can be no permanent prosperity for Salmon rivers. Take the extension of close time as an instance. It cannot be right that the owners or lessees of estuary fisheries shall be allowed to take ninety per cent. of the fish which they have neither bred nor fed, and whose well-being and increase they have done nothing to promote; while the upper proprietors, on whom devolve all the care, trouble, and expense, are to rest satisfied with what the thirty-six hours per week can give them. What did they give the upper proprietors on the Ribble and the Hodder last season? Little or nothing. When the bill of 1861 was before the House of Commons, I had an opportunity of suggesting (indirectly) to the late Sir George Cornewall Lewis the propriety and desirableness of an extension of the weekly close time for the benefit of the upper proprietors. He replied, "You might as well propose to restrict the shooting of partridges to three days a week as to restrict the netting of Salmon." But with all due deference to so great an authority, there is no analogy between the two cases. If partridges had all to migrate and return before they could be legally shot, and had, like the Salmon, all to return by the same road, ninety per cent. of them before reaching the district where they were reared would become the prey of men who had neither bred nor fed them. I fancy sportsmen would want protection for them; and if they were not able to obtain it, they would do what is seriously proposed by many people with regard to the Salmon—they would do all they could to exterminate them, rather than continue to act as brood hens to hatch chickens for other men's eating.
Then take the annual close time and the pretended compensation it offers in the two months' rod-fishing (September and October). After the nets have been withdrawn, what is it worth? Or, what is the value of black fish full of spawn? They cannot be sold; they are not fit to eat; the spawn has nearly arrived at maturity, and the only value the fish has is in the spawn, which is potted and sold in many instances by the poacher who kills the fish. He deserves no other name, whatever may be his rank or station.
Again, in the 21st section, regulating the weekly close time, it is enacted "That any person acting in contravention of this section shall forfeit all the fish taken by him, and any net or movable instrument used by him in taking the same, and, in addition thereto, shall incur a penalty of not exceeding five pounds, and a further penalty of not exceeding one pound for each fish." But in the 17th section, which regulates the annual close time, though there is a penalty for the contravention and forfeiture of the Salmon so taken, there is no forfeiture of nets and implements. You will no doubt remember how this worked when the watchers took a net and boat, near Preston, last season, after the setting in of the annual close time. How the owner of the net and boat came to claim them, on the pretence that the net had been stolen from the bank, where it had been left to dry, although his own men were the parties who were so illegally using them.
Minimum penalties.—I see no mention of them in the new bill, although it is notorious that many magistrates have fined convicted poachers in the penalty of a farthing or a shilling. What is this but an encouragement to do so again?
Close time for Trout.—This is greatly needed in Salmon rivers, as it is well known that many a poacher pretends to be fishing for Trout when he is looking after Salmon. This is doubly needed when the Salmon ascend the small tributaries to spawn.
The right of way for water bailiffs.—There is no clause or section in the new bill giving the right of way on the banks of Salmon rivers to duly authorized persons without their being deemed guilty of trespass. But there is one by which they are permitted to examine weirs. There is on my part no objection to this examination, but why are millowners stigmatized by being subjected to exceptional legislation? Are not the gamekeepers of gentlemen who have many miles of river subject to no surveillance on the part of the water bailiffs as likely to act illegally as the servants of the millowners? Let both be watched with equal care, and I do not mind how vigilant the watching may be; but I do object to being made the object of special and exceptional legislation. The tax ought to be upon nets and rods and other implements in proportion to their value. But if a tax is laid on the extent of the fishery, we may bid adieu to voluntary subscriptions.
In conclusion, if Mr. Eden comes into this district, I think it ought to be distinctly intimated to him that no bill would be satisfactory to the upper proprietors which did not give them a greater interest in the increase and improvement of rivers. There are three ways of doing this. The mesh of the Salmon net might be enlarged from eight to twelve inches round. This would allow grilse to pass, and fill the river with breeding fish. Or, secondly, the weekly close time might be extended so as to include Friday as well as Saturday afternoon and Sunday. Or, thirdly, the annual close time for net and rod fishing might commence a month earlier than at present; say net fishing to close on the 1st of August, and rod fishing on the 1st of October. Any of these measures would give the upper proprietors a much better supply of fish than they now have. They all, I think, deserve consideration. One thing at least is certain, that unless the upper proprietors have a better share of the fish than they have at present, they will soon cease to take an interest in their preservation.
To Colonel J. Wilson Patten, M.P.
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LOW MOOR,10th January, 1865.
MY DEAR SIR,—I shall be very glad if I can induce you to read my opinions on the Salmon question. It is one which I think may become of even national importance, if properly managed. But the sad tinkering it has hitherto received in the nine hundred and ninety-nine Acts of Parliament wholly or partly devoted to the subject makes me almost hopeless about future legislation. Yet it seems to me that the only way to greatly increase the breed of Salmon is so simple and obvious, that its not having been adopted long since can only be accounted for by supposing that all the parties interested in the matter are like the man in the fable, who killed the goose that laid the golden eggs.
Hitherto the law has never properly recognized the claims of the upper riparian proprietors. These men have all the trouble and expense of rearing and protecting the young fish, whilst the owners of estuary fisheries, men who never lift a hand nor spend a penny in taking care of the brood, take above ninety per cent. of the grown Salmon when in season; and even then think they are hardly used. How can it be expected that the upper proprietors should be very earnest in their protection of fish from which they derive little or no benefit, merely acting the part of brood hens and hatching the chickens for the benefit of other people?
In June, 1769, 3,384 Salmon and Salmon Trout were taken at a single haul of the net in the Ribble, near Penwortham. Now the sea is as wide, and, for anything we know to the contrary, as capable of feeding them as it was a hundred years ago; and the rivers are as capable of breeding and rearing them now as they were at that time; and therefore I do not see why, if proper steps were taken, they should not be as abundant now as they were then.
If we take a sheep or a bullock, and to his first cost add the rent of the land on which he has pastured, and something for insurance and interest on capital, the transaction is not a very profitable one in the long run. But in the case of the Salmon, we send a little fish down to the sea which is not worth a penny, and he remains there, paying neither rent nor taxes, neither gamekeepers' nor bailiffs' wages, costing nothing to anyone, until he returns to the river, worth ten or twenty shillings, as the case may be. Surely this is a branch of the public wealth that deserves sedulous cultivation.
I think with you that the Calder can never become a Salmon river, so long as manufactories flourish on its banks, and it is not desirable that it ever should become so at their expense; but even in the Calder (and its tributaries) a little care would prevent immense mischief. Some people at Church, a few years ago, very carelessly pushed a quantity of poisonous matter into the Hyndburn brook, and the first thunderstorm that followed carried it down the Calder into the Ribble, and poisoned all the fish between Calder foot and Ribchester. Take another instance of carelessness in the Ribble, the emptying of the gas-holder tank at Settle, which when turned into the river killed nearly all the fish between that town and Mitton. Several other instances occur to me, but these two are sufficient to show the great mischief occasioned by avoidable neglect and carelessness. Such mischief should not be perpetrated with impunity.
The act of 1861 was very good as far as it went, notwithstanding some oversights; but it did not go far enough. It did not give to the upper riparian proprietors such an interest in the fish as they are entitled to, nor is the interest they now have sufficient to induce them to exert themselves in the preservation and increase of the Salmon as they might and would do if such additional stimulus were given to them. The law now is, that no nets shall be used in the taking of Salmon between twelve o'clock at noon on Saturdays, and six o'clock on Monday mornings. That is, forty-two hours per week. But in the Ribble, as a rule, we never see seasonable Salmon until May. Now from that time to the 1st of September, is, say sixteen weeks, and at forty-two hours per week (the length of the weekly close time) this gives twenty-eight days during which time the fish may pass up the river without interruption; but this is by no means the true state of the case. Everyone conversant with the habits of Salmon knows that they never ascend rivers except when they are in a state of flood; and in average summers, partly owing to droughts, and partly to the rapid evaporation and absorption of moisture by vegetation, these twenty-eight days may fairly be reduced by two-thirds, to give the true time allowed for the ascent of the fish. But say ten days, which are supposed to give an adequate supply of fish to a hundred miles of river,—the extent of the Ribble and its Salmon-breeding tributaries. Is it surprising that the upper proprietors are not satisfied with this state of things? It would be surprising if they were content with such a cheeseparing allowance.
When the bill of 1861 was before the House of Commons, I had an opportunity (indirectly) of suggesting to the late Sir George Cornewall Lewis the propriety of a considerable extension of the weekly close time. He replied, "You might as well propose to shoot partridges only three days a week, as to restrict the netting of Salmon to only three days." With all due deference to such an authority, there is no analogy between the two cases. But if partridges had all to migrate and return before they could be legally shot, and had, like Salmon, to come by one road, and if, like them, ninety per cent. of them became the prey of men who had neither bred nor fed them, I fancy the sportsman who reared them would want some restrictions placed on their being shot by men who had not spent a farthing in breeding and protecting them, but who took the lion's share in their appropriation.
I saw Lord Derby on the subject last spring. He had, however, so little time at his disposal that he could only give me a few minutes. He said a good deal must be allowed for vested interests. I said, "My Lord, I am a manufacturer. When the Ten Hours Bill was passed, manufacturers were deprived of one-sixth of their fixed capital at a stroke, and had not a farthing allowed for their vested interests; nay, more, that measure involved the destruction of machinery which had cost millions. All this was done on grounds of public policy. And is not the Salmon question one of public policy? If, as I suppose, the measure I advocate produced a great increase in the breed of Salmon, the estuary fisheries would be the first to profit by it. They are the first on the river. Indeed, the stake nets in the estuaries are taking fish daily in times of drought, when fish will not ascend the river at all."
In 1859 we had not a fresh in the river between the 10th of April and the 1st of August. And last year we had only a few days of flood between the beginning of May and the 31st August, when close time (for nets) commences.
I have said above that only ten days per year are allowed for the supply of fish to the upper proprietors. I may be told that they have two months (September and October) in which they are allowed to angle for them. True, but what are they worth? They are not allowed to be sold, they are not fit to eat, the fish are black (or red), the milt and spawn nearly at maturity, and the only temptation they offer is to the poacher (who often pots the roe as a bait for Trout); and he is a poacher, whatever his rank or station, who will kill an October fish when full of spawn.
Last year, at my suggestion, a meeting of gentlemen interested in Salmon fisheries was convened at Worcester, during the meeting there of the Royal Agricultural Society, and a number of suggestions were made, and resolutions were come to, which were intended to serve as a basis for the desired alterations in the Salmon Bill of 1861. I have no memoranda to which I can now refer, but the most important, according to my recollection, were the following:—The extension of the weekly close time; the annual close time to be extended to Trout; a right to be given to all conservators and water-bailiffs, duly appointed, to pass along the banks of Salmon rivers without being deemed guilty of trespass; a tax on fishing-nets, rods, and implements, to defray the expenses of protecting the rivers from poachers.
The Commissioner of Salmon Fisheries, Mr. Eden, has been convening meetings of gentlemen interested in Salmon rivers at Chester, Conway, York, and various other places, to explain the provisions of the bill which Government introduced at the end of last session and intend to bring forward again. I have not attended any of these meetings, but expect he will be at Whalley or Preston shortly, when we shall hear what he has got to say. The new bill, as printed last year, does not embody any of the suggestions of the Worcester meeting; but as I learn from private sources, Mr. Eden, at the various meetings he has lately attended, has thrown out various suggestions, some of which are highly objectionable.
For instance, he suggests that the magistrates in quarter sessions assembled shall have the power to appoint conservators, and that the conservators shall have the power to expend all the money raised by subscription in having water-bailiffs to put up fish- ladders, commencing actions at law in certain cases; and if the subscriptions are not adequate to defray all these expenses, that they (the conservators) shall have the power to levy a rate in aid on the riparian proprietors.
I cannot see how this can be made to work equitably. If the rate be laid on the extent of frontage to the river, one man may have a great extent of no value for fishing purposes, another may have only one pool, so conveniently formed and placed for netting that he will be able to catch ten times as many fish as the other. Then how are the fisheries in the estuary and just above tideway to be valued? They probably take ninety per cent. of all the seasonable fish. Will they be willing to pay ninety per cent. of the rate?
Again, the college at Stonyhurst claims a right ofseveral fishery, both in the Ribble and the Hodder. That is, they exercise a right to fish in both rivers, where they have no land, and they exercise this right so freely that they take more fish than all the other upper proprietors added together. If, then, the tax is laid on the extent of frontage to the rivers, these reverend gentlemen would escape entirely, so far as the right ofseveral fisheryextends, and would only pay the rate on their own extent of frontage.
Again, the new bill does not embody the suggestions of the Worcester meeting as to the right of way for the water-bailiffs; but according to Mr. Eden's comment upon it at Chester and elsewhere, a strict surveillance is to be kept on weirs, to which the water-bailiffs are to have free access. Personally I have no objection to this, provided the water-bailiffs are allowed free access to the banks of the river elsewhere; but I have a strong objection to be made the subject of offensive exceptional legislation. Are not gamekeepers as likely to need looking after as mill-owners?
Again, the bill does not touch on minimum penalties. This it ought to do, for in some districts (Wales, for instance) there is a strong animus against all attempts at preserving the Salmon, and notorious poachers, duly convicted of offences against the act of 1861, in some instances have been fined a shilling, in others a farthing.
To W. H. Hornby, Esq., M.P.
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CLITHEROE,August 27th, 1860.
DEAR SIR,—I am favoured by the receipt of your letter of the 25th inst., and the accompanying draft of a proposed bill "for the better Preservation of Salmon," and proceed at once to offer such remarks and suggestions as occur to me, and shall be glad to learn that they meet with your approval.
In the third clause (section) you give an interpretation of the names under which you wish to include all fish of the Salmon kind. Does not this include common Trout? You specially include Char by name. Would it not be better to limit your intentions to all migratory fish of the Salmon kind, to wit, Salmon, Grilse, &c. &c.? I think also the meaning of a fixed net wants defining more rigorously. As it now stands it appears to me that it would include any net which should be fastened on a root or stone whilst it was being drawn through a pool, if the men employed in doing this were to let go the cords whilst they loosed the net from the obstruction.
Fourth clause.—I quite agree with you on the period allotted to annual close time, but think there ought to be a penalty for buying, selling, or having in possession Salmon roe (save and except for the purpose of artificial propagation).
Seventh.—I do not agree with you at all on the subject of the weekly close time, which in my opinion ought to be for one-half of every day, except Sunday, and the whole of that day. Why should the owners of fisheries at the mouths of rivers, who are at neither trouble nor expense in breeding or preserving the spawning fish, have all the benefit derivable from their increase? Why should the upper proprietors act the part of brood hens for these, hatching and preserving the fish for the benefit of those who take no trouble about these things themselves?
Twelfth.—I do not agree with you as to the size of the mesh: I do not think that a mesh of twelve inches in circumference, or three inches from knot to knot, at all too large; it would permit fish below six pounds to escape, and this being done, there would under any circumstances be a fair supply of breeding fish.
Fifteenth.—I think your leister requires a more rigorous definition. A man in this neighbourhood is reputed to have killed a good many Salmon with a hay or a dung fork. Are either of these leisters?
Your sixteenth section is utterly impracticable. How could such hecks or grates be prevented from choking with leaves in the autumn and ice in the winter, thus stopping the wheels? You might as well require a farmer to hedge out the game. Impose a penalty, if you like, upon any millowner who may kill Salmon in his mill lead; and as you give your conservators power to inspect everywhere, you will readily detect such practices. But it will never do to close the mills by pretexts that the fish may be taken or killed there.
Twenty-first.—I do not understand the meaning of this. But taken in its ordinary sense, it seems to me to be very unjust. Many persons have traps in their weirs for the purpose of taking Salmon to which they plead a prescriptive right. Do you mean to do away with these? You may succeed in this, but why should not a man be allowed to fish in the river above the weir where there are no obstructions to the passage of the fish? And why should not a man be allowed to fish with a rod and line below the weir, and as near to it as he chooses? I think weirs might be safely divided into two classes: those used for manufacturing purposes and those for fishery purposes; that a man should be allowed to say in which class his weir should be included. If for manufacturing purposes he should not be allowed to catch Salmon (except with rod and line) within a certain distance below the weir. If he choose to class his weir as one for fishery purposes, he should then be compelled to give a free passage to the fish for twelve hours every day; but he should be compelled to make his election as to the class in which he would include his weir.
Twenty-fifth.—It would never do to allow the commissioners to make bye-laws. Suppose the case of a millowner who got into a dispute with them: he might be utterly ruined by their bye-laws; they might make bye-laws which deprived him of his water-power, under a pretext that they were taking more efficient care of the Salmon.
Thirty-first.—I think the licence to angle should be compulsory, and not at the discretion of the commissioner. That it should be in the nature of a game licence, qualifying and enabling the holder to angle in any river of Great Britain and Ireland, provided he had the consent of the owner of the fishery where he was angling.
(Additional observations). Twelfth.—You say that no double net shall be used. Do you mean to prohibit the trammel, which is usually a treble and not a double net? You also prohibit one net behind another, but you do not specify the distance outside of which a second net would be lawful. If neither a series of Scotch nets nor a single trammel is to be used, by what sort of net do you propose to catch the Salmon?
Nineteenth.—You say the sluices which admit water to wheels or factories shall be kept closed from six o'clock on Saturday night to six o'clock on Monday morning. How, then, are the repairs of shafting and machinery to be made? These are generally done when the workpeople have gone home on Saturdays. Besides, what is your object? If the river is low, the Salmon will not be running up the stream, and if it be in flood there will always be an abundant supply running over the weir in addition to that which would be required to turn the wheel. You add that the water may be allowed to flow freely through the waste-gate, provided the opening of such a waste-gate shall not deprive the mill of the necessary supply of water.
Eighteenth.—In this clause you say that in weirs already constructed it shall be lawful for the commissioner, on the application of any two or more persons interested in the fisheries of such river, and at the proper costs and charges of the persons making such application—proof having been first given, &c.—to cause a survey to be made of such dam or weir by a competent engineer, and to direct such alterations to be made therein as shall, in the opinion of the commissioner, be necessary and desirable, &c.
In this clause, which so far as it goes is very desirable, you have omitted a proviso without which it could never pass into a law. You have forgotten to provide for the legal right of the millowner, which would, or might, be taken away by the alteration made in the weir unless there were some provision in the act which prevented this being done. At present there is no such proviso in your act. Here I have offered for years to allow the upper proprietors to make any alteration they liked in the weir, provided such alterations did not affect the milling power, the stability of the weir, or my legal title to the weir as existing at present. And my legal adviser tells me that any alteration made in the weir without a guarantee from the upper proprietors would very probably deprive me of my present title.
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To The Editor of the "Manchester Guardian."
CLITHEROE, October 5th, 1843.
SIR,—I PROMISED to send you some details of my attempt to grow wheat on the same soil year after year. These I now forward, and hope they may prove interesting. I was led into these experiments by reading Liebig's book on the "Chemistry of Agriculture;" for, assuming his theory to be true, it appeared to me to be quite possible to grow wheat on the same land year after year; as, according to that theory, the carbon, oxygen, and hydrogen, which constitute the great bulk of all cereal crops (both grain and straw), are supplied in abundance from the soil and atmosphere (or perhaps, to speak more correctly, from the latter), and we have only to supply those inorganic substances, which, however numerous, form but a small part of the whole weight of the crop. With the view of testing this theory, and hoping that I might be able to find out what were the elements which built up and cemented the carbon, oxygen, and hydrogen together—or, in other words, which constituted fertility—I begun, in the autumn of 1841, to experiment on a field which had been exhausted by a succession of crops, and which had just been cleared of one of oats. I chose an exhausted field in preference to any other, as the only one in which I could test the truth of the theory. It was very foul, being full of couch grass and weeds of all kinds. It was ploughed up and hastily picked over, for the season was so unfavourable for cleaning the land (from the great quantity of rain that fell) that I was almost induced to abandon the experiment. Previously to sowing the seed, one-fourth of the field was manured with a compost of night-soil and coal-ashes, at the rate of forty tons to the customary acre (7840 yards); the remaining three-fourths having the seed put in without any manure whatever. The winter was very unfavourable for the plants in our cold wet soil, and in the unmanured part of the field many of them perished, and those that survived made very little progress, from having no stimulus at the roots. Thinking it desirable to apply my experimental manures in moist weather, I waited until the 6th May, when I treated that part of the field which hadnotbeen manured (three-fourths of the whole) in the following manner. I applied guano to one-fourth, at the rate of two hundredweight to the statute acre, and the same weight of nitrate of soda over another fourth, leaving one-fourth entirely without manure. The wheat manured with the guano and nitrate of soda grew vigorously, and the ears, more particularly in the part manured with guano, were the finest I had ever seen, but when it came to ripen it shrivelled in the ear, and the sample was very indifferent; the soil being evidently deficient in some property necessary for perfecting the grain. The crop also suffered much from the depredations of the birds.
The portion manured with night-soil producedto the statute acre 32 bushels of 60 lbs. each.
Guano " " 27 " " "Nitrate of Soda " " 27 " " "Unmanured part " " 19 2/3 " " "
I give these details to show that the land was in an exhausted state previous to the commencement of the experiment I am now about to detail. After the crop of 1842 was reaped, the land was immediately ploughed up, and the season being very favourable, it was tolerably well cleaned, and the seed was sown (without any manure) about the first week in October. After the wheat came up, it was manured with a dusting of one hundredweight of guano, over the entire field (about one acre, three roods), to keep the plants alive through the winter. In the spring, being divided into three portions, it was manured with the same number of experimental manures, which were furnished to me by Mr. Blyth, of Church, near Accrington, who also analyzed the soil and subsoil for me. These manures were applied about the 10th of April, and the experiment was still further varied by covering a portion of each division with guano a fortnight afterwards, at the rate of two hundredweight to the acre, but all the manure applied to the crop, including the hundredweight of guano put on in the autumn, did not exceed 6 1/2 hundredweight. The crop, which was a very thin one in the spring, improved so much by the application of these manures, that when it came into ear, it was allowed by all who saw it to be the best in the neighbourhood; but the heavy rains of July caused it to lodge in the best part of the field, and there it was attacked by rust, and the sample was very indifferent. In addition to this drawback, there being very little wheat grown in the neighbourhood of the town, and this being much earlier than any of the other fields, was attacked by the birds as soon as the grain was formed in the ear. Notwithstanding all the efforts made to prevent them, they continued feeding upon it until it was cut; and it is a very moderate estimate of the damage, to say that they destroyed one- fourth of the crop throughout the field. That part of the field covered with manure (No. 1) being the earliest, suffered most. There were patches of several square yards where there did not appear to be a single grain left; and wherever the birds took a grain from the middle of the ear, when in the milky state, the grains on each side of it appeared to grow no more, but shrivelled up in the ear.