NOTE 6.—FISHING RIGHTS

It may be here mentioned, that a violent and popular attack upon what the country people of this district considered as an invasion of their fishing right is by no means an improbable fiction. Shortly after the close of the American war, Sir James Graham of Netherby constructed a dam-dyke, or cauld, across the Esk, at a place where it flowed through his estate, though it has its origin, and the principal part of its course, in Scotland. The new barrier at Netherby was considered as an encroachment calculated to prevent the salmon from ascending into Scotland, and the right of erecting it being an international question of law betwixt the sister kingdoms, there was no court in either competent to its decision. In this dilemma, the Scots people assembled in numbers by signal of rocket lights, and, rudely armed with fowling-pieces, fish-spears, and such rustic weapons, marched to the banks of the river for the purpose of pulling down the dam-dyke objected to. Sir James Graham armed many of his own people to protect his property, and had some military from Carlisle for the same purpose. A renewal of the Border wars had nearly taken place in the eighteenth century, when prudence and moderation on both sides saved much tumult, and perhaps some bloodshed. The English proprietor consented that a breach should be made in his dam-dyke sufficient for the passage of the fish, and thus removed the Scottish grievance. I believe the river has since that time taken the matter into its own disposal, and entirely swept away the dam-dyke in question.

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