REGULATION OF THE SEA-FISHERIES BY LAW. 83 



ing as in other industries, and that they then had the means of catching 

 them in quantity, and that hook and line were not the prime means for 

 catching fish. 



Coming down to the early days of our colonial existence, we find that 

 the Indians used weirs and nets in fishing5 and fish was to them an impor- 

 tant staple food; and it became so to the early settlers also, they using 

 weirs, shore-seines, and gill-nets to catch them. 



So important was this interest at the time the charter was granted 

 by Charles II, that a special provision was made in it, securing this 

 right, (e. g.:) ^'That it should not in any manner hinder any of our lov- 

 ing subjects whatsoever from using and exercising the trade of fishing 

 upon the coasts of New England, in America. But that they and every 

 or any of them shall have full power and liberty to continue and use 

 the trade of fishing upon the said coasts in any of the seas thereunto 

 belonging, or in arms of the seas, or salt-waters, rivers, and creeks, 

 where they have been accustomed to fish, and to build and set upon 

 the waste lands belonging to said colony and plantations, such wharfs, 

 stages, and work-houses as shall be necessary for the salting, drying, 

 and keeping their fish to be taken ui)on the coast." 



Living under this charter our grandfathers and fathers continued to 

 exercise this inherent natural right with as much freedom as they used 

 the air to breathe and move in, choosing their implements and using 

 them without limit or restriction. And under a constitution that con- 

 tinues to us the same guarantees, we have so increased this productive 

 industry as to make it second to none in a large section of the State. 



("The people shall continue to enjoy and freely exercise all the rights 

 of fishery, and the i^rivilege of the shore, to which they have been here- 

 tofore entitled under the charter and usages of this State." — Article 1, 

 section 17.) 



We do not doubt that our heart-seine is an improvement on the weirs 

 of former times, and that our purse-nets are in advance of those used 

 by the Apostles is likely j perhaps, too, the fish-hook of to-day has a 

 different bend, a sharpness of point, or a larger barb than those in use 

 when man first exercised ''dominion over the fish of the sea, that had 

 no ruler over them," but were free to all. And freedom did not mean 

 restriction, as it has been defined by the committee on fisheries, where 

 they, alluding to the clause in our constitution containing the charter- 

 rights, say that, "constitutional scruples may make it necessary to 

 restrict fishermen in Ehode Island." 



This, then, the most ancient of man's rights, conferred upon him at his 

 creation by his Maker, continued to be exercised and enjoyed by him 

 without interruption for nearly 6,000 years, confirmed to him by the laws 

 of the State, approved and justified by the best informed of this and 

 other countries, who have most thoroughly investigated its merits, is 

 in these latter days brought to trial for its continued existence, and the 

 liberty -loving little State of Ehode Island is asked to lead the van in 

 the crusade against it. 



OPPOSITION. 



About fifteen years ago many of the most enterprising of the fisher- 

 men, better to facilitate and render more successful their business, 

 adopted the method of catching fish known as "trapping," which, as a 

 natural consequence of their better success, provoked the opposition of 

 such of the fishermen as lacked the necessary enterprise or energy to 

 adopt the measures, without which thej^ could not compete in the mar- 



