176 THE OYSTER. 



ownership of land is objectionable and injurious to the 

 best interests of society, and they are for this reason 

 opposed to private oyster culture. I believe, however, 

 that it will be found, on careful examination, that most 

 of their arguments and objections to private owner- 

 ship lose their weight when applied to oyster culture. 



Private lands above water are often used in such a 

 way as to exclude other uses more beneficial to society ; 

 but this cannot happen with oyster franchises, for the 

 State has no power to grant any absolute title to the 

 bottoms under navigable water, or to grant any right 

 to use them for other purposes than those specified in 

 the lease. It has power to convey to private citizens 

 the right to cultivate and harvest oysters, but it can do 

 no more, for all the citizens of Maryland have the com- 

 mon right to catch fishes in our waters, and all citizens 

 of the United States must always retain and enjoy the 

 right of free access to all such lands for purposes of 

 navigation. It is clear that a lease of the bottoms for 

 oyster culture could not give any exclusive personal 

 right to use them for other purposes, nor could it 

 deprive our citizens of their common right to use our 

 waters for other purposes. 



It is also urged that the private ownership of land is 

 unjust, inasmuch as it enables individuals to appro- 

 priate to themselves the unearned increase of value; 

 but as the whole bay is a natural highway, where no 

 public improvements will ever be needed, as no towns 

 will ever grow up on the water, and as transportation 

 by water is so cheap that the distance of the market 



