148 THE FISHERIES OF THE UNITED STATES. 



The natural beds of oysters — "rock-oysters" is the local term — are confined practically to the sliore between the 

 mouth of ]Mahou river and Bombay hook. Though formerly far more productive, probably, than now, it is from 

 an area of little, if any, greater width that Philadelphia, and the states of Pennsylvania and Delaware generally, 

 have always obtained their oysters. Not forgetting this great food-resource, in advertising the advantages of his 

 colony, the astute William Penn wrote, in 1083 : 



Of f bell-fif h, we have oyfters, crabs, coccles, conchs, and mufcles ; fome oyfters fix inches long, and one fort of coccles as big as the 

 ftewing oyfters. They make a rich hrotli. 



In Smith's Etstory of N'eic Jersey is quoted a manuscript from the British Museum, and written in 1669, which 

 notes: 



Two leagues from Cape Cornelius, on the west side of the river [the Delaware], near its mouth, there is a certain creek called the 

 Hfpren Kill. » ♦ * There are two small islands in it. the first very .small, the last about half a league in circumference. • « » The 

 two islands are surrounded with a muddy ground, iu which there grows the best sort of oysters, which said ground begins uear the first 

 island, for the mouth of the channel has a sandy bottom, being also very deep, and therefore there are no oysters there. 



The locality of this is evidently Lewes-Town, at the mouth of the bay. Somewhat later, under date of October 

 8, 1745, Kalm records that " the .shore of Penn.sylvauia has a great quantity of the finest oysters. * » * They 

 come from that part of the shore which is near the mouth of the river Delaware". Three years later Kalm writes : 

 Aged people • * * complained here [Philadelphia] and everywhere of the deoreafe of fif h. Old people afferted the fame iu 

 regard to oyfters at New York ; for though they are ftill taken iu confiderable quantity, and are as big and as delicious as can be wifhed, 

 yet all the oyfter-catchers owu that the number diminifhes greatly every year; the uroft natural caufe of it is probably the immoderate 

 catching of them at all times of the year. 



Only portions of this bottom, which extend over about 16 miles, are now productive when dredged, however, 

 and Capt. D. C. Montgomery, whose experience is very large, considers that 500 acres would probably cover the 

 total area of " oyster-rock " in the whole distance. These beds are not now as productive as formerly, and are not 

 s])reading to any extent. This is considered duo to the excessive working of them in both spring and fall, combined 

 with absence of any dredging in early sttiumer. They are thus allowed to become covered ^vith drifted matter, and 

 coated with slime for several weeks prior to the spawning season (July), and are thus in no condition to catch and 

 save the floating youug. As a consequence the greater part of the northern-born seed used is imported from outside 

 waters. South of a line drawn eastward from Mahon river the law (of 1871) recognizes no natural beds, "except 

 such as may not be more than three feet below the surface at an ordinary low water". 



Delaware oystee-laws. — The laws regulating oyster and clam catching and cultivation on this Delaware 

 shore arc voluminous, and I quote them with particular care, as annexed : 



State of Delaware— Digest of 1873— Cilvp. 55. 



Section 1. Forbids any person not a citizen of the state to take oysters or clams or terrapins in the waters of the bay without having 

 n license, which license shall be granted at a cost of 150 by a county clerk of the peace, and shall be good for one year for the lioat named. 

 Violation of this section shall be a misdemeanor, fined $jO, and the boat and tackle shall he detained for trial before any justice of the 

 peace. Powers are given to sheriffs to seize, and penalties for resistance of process are decreed at length. 



Sec. 2. Makes it unlawful for any person not a citizen of the st.ate to take oysters, clams, or terrapins from any "river, creek, or pond 

 withiu this state, and put them on board of any boat cr vessel not wholly belonging to and owned by citizens of this state". Penalties for 

 viola! ioa as in section 1. 



Sec. 3. All oysters caught in any such river, creek, or pond (except Misspillion or Murderkill creeks), shall be culled at the place where 

 they are caught ; and the young and refuse oysters there deposited. 



Sec. 4. Forbids taking away from any river, creek, or pond (except Delaware and Indian river), more than 20 bushels of oysters or 

 clams at one time ; and no vessel iu any waters of this state shall be loaded from any vessels authorized by this section to carry 20 bushels 

 or less. 



Sec. 5. It shall be unlawful for anj' person to t.ake oysters from any river, creek, or pond in this state, between Ajiril 30 and September 

 1, or at auy lime to be planted anywhere else in or out of the state, or to use a dredge there. Violation incurs flues and confiscation of 

 vehicle and oysters obtained. 



Sec. 6. Prohibits selling more than five bushels of oysters from Misspillion creek to be taken out of the state. 



Sec. 7. Any citizen of the state may ajjpropriate to his own use not exceeding an acre of bottom for planting oysters, and, having 

 marked the same by stakes or other visible bouudaries, and planted oysters therein, it shall be unlawful for any other person to take 

 oysters therein growing, under penalty of forfeiting .f 50 to the owner of such plantation. But no place shall be so appropriated where 

 oysters are growing, or so as to impede navigation ; nor shall more than 40 feet square of Lewes creek be appropriated by any person. 



Sec. 8. Forbids laying out or bedding oysters on the flats, shore, or bank of any stream. 



Sec. 9. Protects terrapin eggs. 



Chap. 551. 



Section 1. Every person or company engaged in the business of opening oysters in this state for exportation, amounting to more than 

 $500, shall take out a license. 



Sec 2. This license shall be granted by a clerk of the peace for |30, good for one year. 

 Secs. 3 to 7. Instructions to officers, etc. 



Laws of 1871 — Chap. 9. 



Section 1. All oyster-plantations, not exceeding 15 acres, heretofore made in Delaware bay, shall be deemed the jiossessiou of the 

 respective planters of tliem, and the oysters thereon shall be their private property, on condition that rent shall be paid as hereinafter 

 provided, beginuing May 1, 1871. 



