Page:The-new-brunswick-magazine-v3-n2-aug-1899.djvu/11

This page has been proofread, but needs to be validated.
THE FISHERY QUARREL.
65

described in the memorial as "advanced in years, in very indigent circumstances, and altogether unable to clear and cultivate lands for their future support; they therefore continued to reside in their huts with their families and placed their chief dependence upon the weir fishery to supply themselves with provisions and other necessaries of life."

After being for two seasons dispossessed of their old fishing grounds most of the Portland fishermen made terms with their opponents agreeing to accept wages from them, or to fish for them on shares, but this privilege was shortly afterwards denied them in consequence of the enactment of a bye-law by the St. John Common Council prohibiting all persons who were not free men or inhabitants of the city from using any net or engaging in any way in the business of fishing under a penalty of £4 for each offence. This drastic measure serves as an indication of the local feeling that prevailed.

The citizens of St. John appear to have been much irritated at the passage of an act of the legislature in 1807 which practically gave the fisheries in front of all lands to the owners of the adjoining soil. A memorial was immediately drawn up and presented to the Common Council, signed by a great number of the citizens praying that a sufficient sum of money might be set apart to defray the expense of an appeal to the King in Council for a disallowance of the law. The City Council accordingly ordered that one hundred pounds should be advanced for that purpose and they sent Samuel Denny Street to England to act in their behalf. Ward Chipman wrote to his friend Edward Winslow April 4, 1807, in the following terms respecting the action of the Council:—

"We shall all be mortified in the extreme if the fishery law, which we have been battling for so many years, and at last with