\W0 / REPORT. State of Maryland State Oyster Police Force, October, 1869. To the General Assembly of Maryland : Sir : — I have the honor to submit the following report upon the Oyster resources of this State : The Oyster in the Chesapeake exists in its native and uncultivated condition ; none of the laws relating to it have provided any adequate means for its protection, but on the contrary, the general effect has been u to open wide the door for its enemies, enabling us not only to predict its decrease, but its early destruction as an article of wholesale tiade, in a few years, and the consequent loss of the direct public revenue therefrom. This is the more to be regretted, as the peculiar adapted* ness of the beds of the Chesapeake and its tributaries to the propagation and growth of the Oyste r, and its wonderful natural increase, would, with ordinary care, supply us with a delightful and nutritious article of food at the cheapest rates, and insure a material increase of the public revenue for all time. It is to be hope 1, therefore, that our people will discard a serious consideration of those views, which it will be evident originate in local or individual interests, where they conflict with the general good in this matter, and permit the enact- ment of a law restraining and regulating the present thought- less and improvident industry that takes every Oyster where- ever found, regardless of reason, size or condition. / It is weil known that on the coast of France and England the Oyster had nearly been destroyed — becoming so rare as to disappear as an article of trade, and only to be found on the tables of the rich ; and this condition exists in England at the present; but in France, since 1869, owing to the inves- tigations of the celebrated savant, M. Coste, the matter has. been taken in hand by the Government, and wholesome laws enacted for the protection and cultivation of the Oyster, which has resulted in a bountiful supply, even for persons of limited means, and given employment to snores of thousands of poor dwellers upon the sea shores, who would otherwise be living in the utmost poverty and obscurity. I regret that the laborious duties imposed upon the Oyster Police Force by the law, and the want of instruments, mate- rial, &c, have prevented me from making observations as to the extent and growth of our Oyster beds, to be embodied in the form of lithographic charts, with marginal notes for distri- bution to the counties; for I believe that this course — bringing the subject to the attention of the people, and giving them a. comprehensive view of it — would go far towards reconciling the widely differing opinions I have heard expressed during the last two seasons, particularly in the tide water portions of the State, and which have caused me to fear the Oyster will be nearly destroyed before any legislation can be effected to remedy the evil. In our Avaters there are two great interests in the Oyster trade, which have always been, and are likely to continue, at war, viz: the dredging and the tonging. The first has nearly all the means, and is backed by the wealthy. packers. It has large vessels, well manned, equipped for heavy weather, and weeks of service off shore. The latter class is represented by as many laborers, but is scattered in small boats that can only take the Bay in com- paratively smooth weather ; in other words, the dredgers are strong and comparatively rich ; the tongmen are weak and poor ; and the worst of it is, that the former rarely lose an. opportunity of impressing this fact upon the mind of the latter, by a too frequent transfer of the Oysters from the rich inshore beds — reserved by law to the tongmen — to the holds of their own vessels. Any boundaries defined by law lor the separate working of' the two classes of Oystermen, must necessarily consist of imaginary lines, as the immense extent of ou< Oyster-beds would render it far too expensive to resort to buoys or artifi- cial landmarks; but in neither case could the dredgers be kept from infringing the rights of the tongmen, unless the risk of punishment is made greater than the inducement to do so. The ever-increasing demand for the Oyster, as an article of export, has so stimulated the trade in the Chesapeake, that the Oystermen will risk almost any weather, and over- come great opposition, to enable them to reach the handsome profits that are being offered them in the market; and a con- vincing evidence that their profits are great, is shown in the readiness with which these men pay their fines — ten thousand dollars having been imposed last season, and yet during the first month of this, one hundred and twenty-six more vessels are licensed than duriug the same month last season, If, therefore, dredging is to be permitted, there is no way of doing justice to both these classes, unless after giving them ample opportunity to learn the law, such fines and other punishment shall be imposed as will make a violation of the law altogether too gnat a risk to incur. In order to preserve our Oyster-beds as a permanent source of revenue, and to supply the reasonable demands of the market, I would earnestly recommend that dredging be restricted to the period from the first of November of one year, to the first of May of the next, and that the heaviest fines be imposed for dredging at night — say from sunset to sun- rise. It is warmly urged by persons who are interested in the dredging business, that that mode of taking the Oyster im- proves its condition, and increases the product of the beds. This has frmitrue, though only to a very limited extent ; but, as dredging is carried on at present in the waters of Maryland, quite the contrary effect is produced. Where the Oyster-beds are very thickly covered, and a latter year's growth is over- laying and ch)king that of a former, (as is seen in Virginia, but not in Maryland,) so that this process going on from year to year, is forming on the beds those conglomerate masses of shell and marine deposit termed Oyster rocks frequently rising 6 from a depth of sixty feet of water to within a few feet of the surface, then to stop this process and, as afarmer would thin and weed his plants, use the dredge and spread the beds, giving /more space to the Oysters to feed and develope themselves, is 'undoubtedly an advantage. But when this spreading and thinning has been done sufficiently, and we look at the other extreme, as in our waters, and find five hundred and sixty- three vessels, each having two dredges, that when filled weigh one hundred and fifty pounds each, making eleven hundred and twenty-six harrows, dragged by vessels, some of nearly sixty tons burthen, under full sail, over the beds night and day, without regard to the size or condition of the Oyster, we can readily see that the work is greatly overdone. The Oyster is hermaphroditic, and each adult is said to generate about one million young a year, which is doubtless the truth. But the enemies of this delicious mollusk are so numerous and actively at work, that one in a million of the annual production does not come to maturity. In the water, the star fish, the drill, the winkle, the crab, the drum fish, the sheepshead, the dog fish and the ray, during their season, subsist in a great measure upon the Oyster ; but the unseasonable baud of man gives it no rest, and is greater than all other enemies combined. The Oyster ejects its spat from April to about August, and the old Oyster, shells, and other congenial substances on the beds, soon become covered with young Oysters, the shells of which do not attain to sufficient size or strength to admit of handling, or other disturbance, until about the first of No- vember ; but the heavy harrow-like dredges commence drag- ging over the beds the first of September, and keep up until June, a grinding and attrition of a thousand Oysters to every one that is taken, thus crushing out the life of the young, filling up the open mouths of all with the bottom, covering them up, and turning and leaving them in every unnatural position. The tongs or rakes have no such effect ; they touch the beds in one small spot, gather on that spot alone, and bring up nearly all they touch, and, moreover, are not so heavy, r roughly used, as to crush or injure either the old or young zster. It is nob necessary, therefore, to restrict the labors of the tongmen, rather encourage them to the fullest extent, but it is worthy of serious consideration, if it is not well to give a year's notice that dredging shall cease in the waters of Maryland for three years, (the length of time the Oyster takes to come to maturity,) and let the market be supplied by the tongmen, which can easily be done, and without decreas- ing the revenue of the State except, perhaps, for the first year. In the meantime, the Oysters would be increasing with wonderful rapidity in the deep water not used by the tongmen, and at the expiration of the three years, let dredg- ing be carried on to a limited extent, that is, confined to cer- tain months, not exceeding six of the year, and regulated so as not to interfere with the tonging. This would insure us a permanent trade and revenue, .such as we have a right to expect from the great resources which nature has given us in the Chesapeake and its tributaries. It would not do to stop dredging suddenly, as the material which those engaged in the business have provided would be thrown back upon their hands at a great loss, but the Legislature could pass a lav/ this winter, limiting it to the months belioeen October and May, for the following year, and after that, stop it altogether for three years. Dredging at night, say from sunset to sunrise, should be punished severely, as there can be but a very limited protec- tion, or cultivation, of the inshore Oyster-grounds, when constantly menaced by such an enemy at night. When Oyster-beds have become reduced to a certain de- gree, in our waters, they will soon cease to produce at all, although the ground may be the most congenial for the pur- pose, as the Crustacea, shell, and other fish, which prey upon them, will destroy the young as fast as they assume a \angible form, and many of the old will meet the same fate, and the rest die out. Therefore, where bedding is under- taken, the Oysters must either be well protected, or else sown in Such quantities as to enable the increase to get ahead of the destruction. Last season ther® were live hundred and sixty-three ves- sels licensed to dredge for Oysters, averaging^twenty-three tens each, carrying about eight hundred bushels at a load, i 8 and making two loads a, month to market for, say seven months of the year : summing up six million, three hundred and five thousand, six hundred bushels taken by the dredgers. During the same period, there were nineteen hundred and seven canoea licensed, each taking about five bushels per day for twenty-six clays of the month, and seven months of the year, making one million, seven hundred and thirty-five thousand, three hundred and seventy bushels taken by the tongmen, for sale, which with, say two million bushels taken during the season for '-private use," will give an aggregate of about ten million bushels taken from tho beds of Mary- land annually. These Oysters will average not less than thirty-five cents per bushel, which gives, in round numbers, three million, five hundred thousand dollars as the annual value of our Oyster product, from which the law only enables us to de- rive a revenue of about forty thousand dollars above ex- penses. When the light expense of getting these Oysters to mar- ket, and the fact that they belong to the ivhole State, is con- sidered ,^it appears strange that we should neglect so fair an opportunity of increasing our revenue. The price of a dredg- ing license should be increased from three to five dollars per ton, of the vessel. Those engaged in the business can afford to pay it, all that is said to the contrary notwith- standing. If the increased price of a license, and the reduc- tion of a dredging time, should drive any from the business, very well, let them go, the tongmen will take their places fast enough; the Oyster-beds will be improved by it; plenty of Oysters will get to market; the revenue will increase pro- portionably, and the people will be generally benefited. Taking an average^ of all, we will say, the value of a dredging vessel is eight hundred dollars; pay of _crew , sevei hundred dollars; w r ear and tear, one hundred dollars; food and fuel, three hundred dollars; making nineteen hundred dollars expenses for the dredging season. We have seen herein, that such a vessel will run about tleven thousand two hundred bushels to market a season, which, at the average price of thirty-five cents, is thirty-p'" hundred and twenty dollars ; leaving a profit of two thou- sand dollars to a man who is owner and master, after having paid for vessel and everything invested. This dredging business in the Chesapeake, where a comfortable anchorage can he resorted to in a few moment^, when desired, is much more remunerative than that of the Cod and Mackerel catchers, who risk their lives and their all, and frequently lose them, afar off the coast of New England, for months, duriug the stormy season, and many nights anchored on the ocean, with the sea breaking over them from stem to stern. And surely, then, in Maryland a superior class of men cannot allege their hardships in the Oyster trade as a reason for not increasing the price of a license. I would recommend that a tax be imposed on the carrying trade, both ashore and afloat. Virginia has long been col- lecting such a tax, thus almost doubling her revenue from Oysters. I quote from her Inspector's regulations, under the law : "All persons shipping or forwarding Oysters by any ves- sel impell ed by ste am, or by railroad, or by express compa- nies, shall first pay to the nearest Inspector the tax of three cents per bushel on all Oysters so to be shipped or for- warded " Fine for neglect of this regulation "not less than fifty nor more than five hundred dollars." "Any person desiring to catch Oysters may, if he thinks proper, pay the sum of three dollars per ton on his vesssl, for a license to carry Oysters for one year. Such license per- mits the party obtaining them to carry or send Oysters to. any market in or out of the State, for twelve months, free of further charge on his said vessel." "All persons engaged in packing, pickling or opening •Oysters for sale or transportation, shall pay a tax of one cent per bushel on all Oysters bought or taken for that pur- pose." These regulations are not only in accordance with the State statute, but they are constantly enforced by the Mili- tary Commander of the District at the point of the bayonet, which leads us to the conclusion that there can be no differ- ence of opinion between the National and State Governments 10 as to the constitutionality of those measures ; but we should consider that a State cannot prohibit the public right of fishery and navigation, though it can regulate that right. (The question is, in reference to the Oyster trade, where does regulation end and prohibition commence?) If, however, we impose this tax, it is best that it should not exceed the moiety ©f the Virginia tax. We are higher up the Bay than she is, and consequently farther from the Northern market by water. Our Oysters are not so salt and finely flavored, and do not command so high a price, and hence, we must offer an inducement in the lower tax for carriers to come to us. Instances occur of vessels clearing from fifteen to seventeen thousand dollars on a single trip from our waters to New England, and yet they do not pay a mill more than the average of about thirty-five cents per bushel for their Oys- ters, to the vessels and boats that carry them alongside fresh from the beds. As my duties do not permit me to interfere with the carry- ing trade, I have no means of ascertaining exactly what quantity of Oysters go directly out of the State; but as nearly as I can judge, it is about one-third of the product taken for sale, from which alone, with a tax of one and a-half cent per bushel, we would derive forty thousand dollars revenue, not including the expense of collecting it, which I am sure could be done for three thousand dollars. Large quantities of our Oysters are being run out of the gtate by vessels which have gone through all the forms of law, and obtained licenses to dredge, but the owners of which are non-residents of the State. These vessels are made over for the season undeT^false bills of sale ; the parties here ex- hibiting to the Comptroller genuine Custom House papers, to obtain which they took an oath as bona fide owners, as they again do in the Comptroller's office, knowing at the same time that the vessels are to be run wholly in the interest of the real owners elsewhere, and rarely or never landing an Oyster in this State. Thus are our citizens crowded out of their employment, in which the law proposes to protect them, and the results of their labors greatly diminished. 11 The Oyster Law, as is now clearly and generally known, lias very many defects; but no human mind could heretofore have seen what was necessary, in the conduct of this great trade, to protect the interests of the people in every respect. The use of the dredge for upwards of fifty years has been the means of keeping afloat a class of sailors, who, from the free and roving habits of their lives, removed from the restraints of society, and even of the law, (until the Police Force was appointed,) have grown to think themselves mas- ters of the Oyster situation, and the advantages and working of their trade have been kept to themselves by a tacit agree- ment, in order that they might reap all the profits without interference. No reliable data could, therefore, be collected upon which to frame a law that would dispense justice to all, and satisfy the demands of the people at large, in this matter, until the means had been put afloat, under the authority of law, to obtain it. It would be irrelevant, in this report, to show the particu- lars wherein the law is defective, or to suggest any changes in detail, but I have prepared notes thereon, which I will have the honor of submitting when required. I will say, however, that the very nature of this business, conducted by such persons afloat, requires that a law more rigid in its provisions, and summary in enforcement, than laws are generally, be enacted as our Oyster Law. Under almost any Oyster law there will arise cases of ap- parent contrariety, and often involving abstruse principles of law, as shown in the administration of the one in force, by the opinions of the Attorney General, and in the many ap- peal cases, in which the best legal talent of the State has been engaged. Nearly all of these cases have first to go before the Justices of the Peace, whose total want of education, in some instances, renders them unable to comprehend a case, or pronounce an intelligent judgment. It is, therefore, a matter for consideration, how to perfect such a law as we require, at the same time placing its en- forcement in the hands of capable persons, who can be reached 12 without causing unnecessary expense, in time and labor, to the State, or to the arrested parties in time, and the pro- bable loss of perishable cargoes. Some uselul hints could be taken from the Virginia Oys- ter Law ; it taxes the carrying trade, and collects more revenue than ours—seems to dispense justice, and is more concise. But the advantages of requiring every vessel to pay for a license for the whole season's work, before taking or catch- ing Oysters, as in this State, instead of paying a tax per bushel at the time of loading, as in Virginia, are shown, in practice, to be so ranch greater in every sense, as hardly to require discussion. I think, contrary to the prediction of our earnest and ex- perienced Comptroller in his last Annual Report, that he will give us a very favorable exhibit of the Oyster fund this year. Instead of the " expenses absorbing all the receipts," (which, of course, could not have meant the purchase of a steamer, as she is property, and paying a handsome interest, too, in the way of fines, &c.,) he will, doubtless, show a balance, over and above the entire cost of the steamer, and all the expenses of the State Ojster Police Force, of from fourteen to fifteen thousand dollars, for the fiscal year. For the next year, having no purchases to make, the reve- nue will be increased by the amount of the purchases already made, and will also show an increase over former years, after deducting all the expenses of the State Oyster Police Force, etren if the law remains as it is, and in this connection, it should be remembered that sections 33, 34, 35, 36, 37 and 38, of the law are inoperative, because there is no penalty for a refusal to permit the Oysters, sold in the city of Balti- more, to be measured, and in consequence about ten thousand dollars have been lost to the State Treasury, in the last two seasons. The least estimate I have heard, of the quantity of Oys- ters sold in the city of Baltimore a season, is five million bushels, and if, as the present law intended, one cent per bushel is required to be paid, (by amending the above men- tioned sections,) fifty thousand dollars can be collected from this source. Then, instead of requiring an unlimited num- 13 ber of measurers to take out licenses, let a proper number be appointed by the Governor, subject to the supervision of the Bureau of Labor and Agriculture, and to receive a certain proportion of what they collect, say one-half, which would pay ten reliable measurers — an amply sufficient number for the purpose — leaving the sum of twenty-five thousand dollars to the Treasury per annum. It is impossible to execute any practical method of regula- ting the taking and trade of Oysters, without a force afloat ; private rights, the maintenance of the peace, and even the majesty of the law, are but names without it. The State is. entitled to a revenue from lier Oysters, and the people de- mand protection in the trade thereof. The present force cannot be reduced and be efficient ; on the contrary, it cannot now do more than -half the duty re- quired of it. The journals and books of record, regularly kept, will show the amount of duty performed, and are always open to, and shown, any citizen interested. We have but one small, slow steamer, with which to visit twenty-five different Oyster localities scattered sometimes far apart, over tortuous routes, the extremes of which are one hundred miles from north to south, by seventy-five from east to west. I mention these facts here, because the people have been led to expect too much of this force, without consider- ing the imperfections of the law under which it operates. It is expected to be in every locality at intervals of a few days, whereas about two months are required to make a com- plete tour of inspection, taking into account the time con- sumed by the average number of arrests and trials. Those who are in the habit of violating the law, keep the run of our movements by a regular system of reports from one to the other, and thus are often enabled to escape pun- ishment for their offenses ; but because all is not done that is desired, is no evidence that the force is not necessary ; it rather shows that the force should be increased to a propor- tion that will cover the field of duty. To the first of October of this season, one hundred and forty-six cases have been tried before the Courts and Justices 14 of the Peace by the Police Force, and ten thousand dollars fines have been imposed, which has materially modified the lawless operations of the Oystermen ; and, it is my opinion, that the patient consideration and attention which is due to every new enterprise, will in due time make this Force the means of developing our Oyster resources to an extent that will give the trade the highest rank in the market of the State. The extent of our Oyster-beds is about three hundred and seventy-three square miles, ninety-two of which are closely covered, and the remainder scattering. This field could be made to give profitable employment to twenty thousand laborers, in a few years from this, under the administration of proper laws. 15 The Oyster Grounds are divided nearly as follows LOCALITIES Swan Point, Kent county Chester River Sandy Point to Thomas Point, A. A. co. Love Pt. to Kent Pt., Queen Anne's co.. Thomas' Pt. to Horse Shoe Pt. ,includ ing S. and West Rivers, A. A. co Eastern Bay and Miles River, includ- ) ing Poplar Island ) Horse Shoe Pt. to Holland's P., A.A.co Holland's Pt. to the Patuxent, Cal. co.. The Choptank R., including Sharp's ) Island, and the outside of Tilgh- > man's Island ) The Hudson River, Dorchester county. From the Patuxent to the Potomac. From the Hudson River to Hooper's ) Straits, Dorchester county ) Honga River and Hooper's Straits, ) Dorchester county ) Fishing Bay, Dorchester county Nanticoke River, Dorchester and J Wicomico counties ) Monie Bay and Wicomico River, Wi~ I comico and Somerset counties ) Holland's Straits, Dorchester county.. Kedge's Straits, Somerset county Manokin River, Somerset county Big and Little Annemessex Rivers, j Somefset county i Tangier Sound, including Holland's J Straits, Dorchester, Wicomico and > Somerset counties * Potomac River and tributaries The Patuxent River From Hooper's Straits to the Virginia | line, on the Bay Shore ' Total Remarks, 6 30 11 8 20 50 8 8 30 15 8 10 12 10 14 12 7 2 7 10 50 20 10 15 373 Scattering, 10 Close. 10 Scattering Scattering. Close. Scattering. Close. Scattering, u Close Scattering. Close, but thin. Scattering. 16 Number of Vessels and Canoes licensed in each county and Baltimore city, their tonnage, dec, during the season of 1868 and 1869. COUNTIES. to p «>■ > © bO eS a a o H Tonging Canoes. 1 25 105 Talbot ' 246 81 Kent 1 20 238 12 46 1 I 2 1 240 24 256 4,726 143 1,316 42 29 32 28 6,039 93 Anne Arundel 222 Somerset 246 Wicomico 110 Dorcli ester 257 Prince George's St. Mary's Baltimore city 22 336 189 563 12,660 1,907 The live hundred and sixty-three dredging vessels, last season, employed twenty-one hundred and seven white men. and fourteen hundred and fifty-three negroes. The canoes employed about thirty-three hundred and twenty-five in all, with the same proportion of white and negro labor ; making a total of sixty-eight hundred and eighty-five men, indepen- dently of the labor employed in the carrying trade, which would probably swell the number to between nine and ten thousand hands employed afloat in the Oyster business. The most liberal encouragement should be given to per- sons to plant and cultivate the Oyster. I know of no enter- prise which is mor