and the net passes into folds. But the fry are not the only sufferers. The kelts are likewise captured; and as the females usually descend at this period, their death must be unavoidable. Even in May, both fry and kelts may be destroyed, but the quantity would bear but a small proportion to those which had previously reached the sea. The fishing-season should terminate on the 1st of August. This is the month when the red fish, or those ready to spawn, begin to become nume rous. The condition of the rivers, in reference to floods, varying in different seasons, the fishing-season should be rather early than late, to secure always an abundant supply of breeding fish. Were it not for the habits of the river proprietors, strengthened by their vested rights, the Legislature should prevent all fishings in rivers, as the breeding-ground of salmon, where the fish execute the duties of parturition, and where the young are hatched, but where at present the mother is surprised and taken in her weakness, and her progeny meet an untimely death.

In estuaries, and on the sea-shore, fishing may be practised at all seasons, as in such situations neither red fish, kelts, nor fry, are found. But there is one objection to this freedom, warranted by the habits of the fish.

The fishing-season should begin and end, in all parts of the kingdom, on the same day. It is true, that the condition of the fish varies with the seasons, in different rivers, and in different parts of the same river. But no law could accommodate itself to these variable circumstances. Experience here points out the remedy, having established the nature of the disease. Unless there be one time, poaching will prevail in the close rivers, and the produce will, in the market, compete with the fish from the open rivers. No statute could prevent this smuggling.

2. Establishment of Stake-nets in Estuaries, and on the sea-shore.—It has been demonstrated in this Report, that stake-nets do not injure the fry, and do not capture red fish or kelts. -They are the only efficient engine in estuaries and the sea-shore (but from their nature not more so than the coble-net in rivers), and greatly increase the value of the fisheries at those stations. They do not injure the river fishings, because they catch fish not inclined to enter rivers, and at a season when the rivers are in an unfit state to receive them. They capture the fish which would otherwise fall a prey to seals and grampuses, and they serve to reduce the number of the depredators. They are useful, in the estuaries, to the shipping as marks, (pp. 50. 79. 103. 126;) they employ many hands, (pp. 51. 80. 123;) they educate expert seamen, (pp. 51. 81. 104.)

Sir H. Davy assuming (though de stroyed in evidence) that salmon belong in fact to the river in which they were spawned, affect a particular rí ver, and always return to it, declares, "As the old law of the country was framed upon this principle, salmonfisheries never having been considered as belonging to the coast, all stake-nets should be abolished, as they enable persons having no interest in the river to cut off almost entirely the supply of fish ;" p. 145. Without entering into the rather singular dispute in political economy,-whether British subjects should be fed with salmon, or the preference given to seals and grampuses, we shall rather advert to the law and the reason, as laid down by the latter, in reference to stake-nets. Had Sir Humphry Davy examined the old law on the subject, he never could have risked such a groundless assertion. In Magna Charta, he will find these words: "Oranes kidelli (wears, or stake-nets, Coke and Court of Session) deponantur de cetero peni

tus per Thamesiam et Medweyam, et per totam Angliam, nisi per costeram maris." He will find in 9th Henry III. c. 32. "All wears from henceforth shall be utterly put down by Thames and Medway, and through all England, but only by the seacoasts." And in 12th Edward IV. c. 7. "that all kidels by Thames and Medway, and throughout the realm of England, should be taken away (sinoun per les coaster del mear) saving by the sea-banks." In the sta tute of Robert I. of Scotland, 1318, c. 12, everything in reference to wears or fixtures applies to these, ❝in aquis ubi mare fluit et refluit;" or, as it is expressed in the act 1424, c. 11 of King James I. "in fresche watteris quhar the sea fillis and ebs." It hence appears, in opposition to Sir Humphry Davy's statement, that stake-nets, or engines similar to stakenets, were permitted on the sea coast by the old law of the country, though prohibited elsewhere. The reason given, that, by stake-nets, persons having no interest in the salmon, cut off the supply from the river heritors, to whom in fact they belong, will be found equally untenable. Let us see to what conclusion it would naturally lead us. If stake-nets fishings, in estuaries and on the shore, should be abolished, because fish are taken in these which belong to the place "in which they were spawned," then no fishings should be allowed, even in a river, below the lowest spawning-ford, such as Lord Gray's, where there is no spawning-ground. Again, upon the same principle, no fishing should be allowed, even at the lowest spawning-ford, because the proprietor may capture fish there in which he has no interest, which were not spawned on his ground, but which in fact belong to a higher ford. Hence, the Town of Perth should not be permitted to fish their fords, lest they catch (as

they would do) salmon belonging to the spawning-fords of his Grace of Athole. The proprietor of the uppermost spawning-ford is alone safe from this objection, (though a straggler from a lower ford would occasionally find its way into his net,) and should be the only fisher in the river,— a conclusion which the deservedly celebrated individual did not probably anticipate. It seems necessary to speak freely, lest the influence of name should give currency to mistake.

The determination of the stations where stake-nets may with propriety be erected, near the mouths of rivers, seems not as yet to have occupied much of the attention of the Committee. Mr Little, indeed, is the only witness who delivers his opinion on the subject. He assumes, as had been proven in the Tay case by that acute engineer Mr Jardine, that the river ends at that point in the head of a frith where the sea is continually ebbing or flowing, or, to speak plainly, at low-water mark; and he says, "above that place, or within half a mile from it, down the estuary, or along the coast, no stakenets should be allowed;" p. 123. This point, we may observe, must vary more or less in different rivers, from the mean level of the ocean, according to the size of the aperture or mouth of the estuary through which the tide enters and retires, and the quantity of water in the ri ver opposed to it. A slight difference must likewise prevail between the lowwater of spring-tides and of neap-tides, though Mr Jardine has proven, that the horizonal lines representing these gradually approximate in retiring from the mouth of an estuary to its head. But these differences do not perhaps deserve any very serious consideration. Indeed, we see no objection to the use of stake-nets everywhere

below this point. The fry and the kelts would not be taken by them; and as the channel or stream would be clear, no fish intent on ascending would be prevented. But it does not appear upon what principle Mr Lit. tle wishes to have half a mile, any more than ten miles, kept clear of stake-nets. No two rivers are alike. The half mile would have very different powers, in those rivers which have intervening estuaries, and in such as enter the sea directly. The Spey and the Tweed would be placed in different circumstances from the Tay and the Forth. Besides, by such a rule, the proprietor of a small stream joining the sea directly, would have it in his power to injure the property of his neighbours, through an extent of a mile of coast, by preventing the erection of stake-nets, and probably in the only bay or spot for twenty miles where they could conveniently be placed. We again repeat, that stake-nets could do no injury to fry and foul fish, if not erected in rivers or friths higher than low-water mark. Above this point, the net and coble is an efficient engine; below this point it possesses but feeble powers. Above this point, the stake-net would interfere with the channel or stream; below this point, it could only capture fish floating with the tide. Proprietors would thus be able to avail themselves of the natural advantages of their respective estates, without injury to others.

3. Removal of Obstructions.-Under this head, the condition of damdikes deserves the consideration of the Legislature. Openings should be made, through which the water may flow at stated periods, so as to allow of the ascent of red fish, and the descent of kelts and fry to the sea; p. 119. In reference to the destruction of fry at mills, the following recom

mendation by Mr Halliday merits consideration : ." Placing a heck across the narrow part of the dam, and making a sluice through the damdike, at the upper side of the heck, would allow the fry to pass down the sluices into the bed of the river, and the heck would prevent the fry going down the mill-dam."-" If the heck was properly constructed, by placing it slanting, the under part of it inclining up the water, and the upper part of it down, it would raise all the dirt to the surface of the water;" p. 67. No wicker-work, or any similar obstruction, should be allowed to remain on stake-nets or cruives during the close season. The river should be free.

4. Punishment of Poachers.-Many laws occur in the statute-book on this subject, but they seem to be inapplicable. Hence, even the appointment of water-bailiffs is not successful in preserving the fisheries during the close season. Mr Wilson says, "at this very time we are expending about L.600 a-year for the protection of the Tweed, and to very little purpose;" p. 11. Premiums should be offered to encourage fishers to destroy seals, grampuses, and even porpoises, as the latter probably devour the fry.

Judging from the evidence contained in this Report, we have no hesitation in asserting, that were the limits of close time determined by the habits of the fish, stake-nets erected in suitable stations, obstructions removed, and poaching checked, our rivers and shores may be made to yield four times more salmon than they do at present, and the increase of the breed be promoted. We trust the Committee will resume its labours this session of Parliament; and, should the results be as interesting as the present Report, we may feel disposed to lay a digest of the evidence again before our readers. Feb. 17, 1825.

NORTHERN EXPEDITION.

On the 12th October, about noon, the Hecla arrived off Peterhead, where Captain Parry and two of his officers landed, and soon after proceeded post for London. On the same evening they passed through Aberdeen, stopping only to change horses. From the meagre accounts that have yet transpired, little more is known than that the grand object of the expedition has not been at tained, and that, in short, no important discoveries have been made. Captain Parry attributes his failure to the loss of the Fury, which was wrecked at a time when he was led to entertain sanguine hopes of success. Her crew returned in the Hecla. All accounts concur in describing the health of the crews as excellent. Some letters state that no deaths had occurred during the voyage others that they lost two seamen. By a letter which Captain Knight received on Friday, from his nephew, a lieutenant on board the Hecla, and which he immediately communicated to the Lord Provost, it appears that the ship was off the mouth of the Firth, on her passage to the Thames, on the day Captain Parry landed. The sub

joined extract of a letter, addressed by a principal officer in the expedition to an eminent scientific gentleman in this city, contains the most interesting details that have yet been published :

"H. M. S. Hecla, Oct. 12, 1825. "DEAR SIR,

"We sailed from the west coast of Greenland on the 4th July 1824. In passing Davis' Straits we were beset 58 days in the ice. On the 9th September we cleared the ice, and on the 13th of the same month entered Barrow's Strait. The winter was now setting in fast; we therefore endeavoured to reach Port Bowen in Prince Regent's Inlet, which we effected with some difficulty on the 28th. By the 6th October we were completely surrounded with young ice. The winter passed more agreeably than could have been expected; we had a good library on board, and managed to raise a tolerable masquerade in one of the ships every fortnight. The winter was what might be called a mild one in that part of the world, the thermometer never exceeding 48 degrees below Zero. During its continuance we had fine sport chasing white bears, 12 of which were