OF MASSACHUSETTS. 129 



beds of the coast bad been regarded as inexhaustible mines. The fallacy 

 of this view gradually became apparent, as these beds began to be 

 depleted through overfishing. As early as 1796 a general law, entitled 

 " An act to prevent the destruction of oysters and other shellfish," was 

 passed by the Legislature. Prior to 1869 the town of Harwich adopted 

 this old law. Shortly after, Swansea followed suit, and restricted the 

 exploitation of her native oyster beds in the Lee and Cole rivers. In 

 1870 Wellfleet inaugurated an innovation, in the nature of a permit 

 to take oysters, which was required of all citizens of the town. The 

 idea of this permit was to regulate the fishery, centralize control in 

 the hands of the selectmen and add to the income of the town. In 

 1873 Sandwich passed a law enforcing a close season on all her native 

 beds, to last for a period of one year. In 1875 Brewster followed 

 the lead of Wellfleet, in demanding permits of all outsiders and also 

 from all citizens taking more than 3 bushels at any one time, although 

 an unlimited amount might be taken for food. 



The aim of all this legislation was not to develop the industry di- 

 rectly, but indirectly by preserving and fostering the native beds. This 

 theory, while excellent in motive, did not work out well, as the native 

 beds could not by any possible protection be brought to produce an 

 annual yield at all adequate to the growing demands of the market. 



The utilization of purely natural resources proving unequal to the 

 demands of the occasion, the creation of other resources became neces- 

 sary, and an entirely new epoch in the history of the oyster fishery 

 was inaugurated. This epoch marked the beginning of the production 

 of oysters by artificial means, and the establishment of this new indus- 

 try and the perplexing complications which grew out of it have been 

 the source of legislative strife for many years. 



II. Constructive Laws. — The first legislation authorizing the pres- 

 ent system of oyster culture was instituted at Swansea, in 1869. This 

 was the beginning and the foundation of a broad movement of oyster 

 culture which spread rapidly along the southern coast of the State. 

 This curious law allowed the selectmen to sell, by public or private 

 sale, the oyster privilege of Swansea outright to any person or per- 

 sons who were citizens of the town. The measure, although apparently 

 designed to restrict the exhaustion of the native resources, did not 

 tend to develop the industry. It possessed one element of value, i.e., 

 it increased the revenue of the town. Apart from its interest as the 

 forerunner of artificial propagation of oysters, this old law is note- 

 worthy, as it forms the basis of the system which to-day regulates the 

 industry in that section of the country. The custom of selling an 

 extensive oyster privilege, as apart from the system of leasing grants, 

 first clearly outlined in the law of 1869, still holds throughout this sec- 

 tion. It remains the usual custom to sell either the whole of a town- 

 ship's available oyster territory, or else an extensive part of it, to one 

 man for a lump sum per year. 



