The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-05-04
OYSTERS.

Under a statute of this State 1t is a
penal offense to catch and sell oysters
after the 1st of May. This law is little
needed by the lovers OF bivalves and
the dealers in the article. The luggers
still ply between this city and the bays
and bayous along our western coast.
There is some palliation for the VIOLA
ton of this statute in its unreasonable
and unscientific provisions, as we'll as
| in it's conflict with natural rights. The
object of the law was to prevent the de-
struction of oysters during the spawn
ing season, when they are not regarded
wholesome food. This is a wise provis-
ion in Its general application to oysters
engaged In the patriotic and benevolent
duty Of multiplying their species. But
it does not apply to oysters not 50 en-
ployed. Shall the bachelors and old
maids be allowed the protection and
benefit of law which was enacted to
encourage duties which they persistent
ly refuse to assume and perform?
To give these the benefit of such a law
would be as unreasonable as was the
act of now distinguished city official
when, as a young clerk Of a Mexican
importer i'm this city, he had large
drove of Mexican mules, brought here
from Merida, entered under the act Of
Congress exempting from duties all an
imals imported for breeding purposes.
But it may be asked, how can non-pro
ducing oysters be distinguished from
those which fulfill this great and primal
duty OF the whole animal world? To
answer this question demands larger
amount Of scientific knowledge than is
possessed by average legislators, rela-
tive to the characteristics and habits Of
oysters. All persons familiar with this
valuable branch of knowledge, know
that oysters engaged in spawning lie
near the shore in shallow and fresh wa
ter, and are justly prohibited from being
caught and eaten after the 1st May un-
der general suspicion of milkiness;
whereas the bachelors and old maids of
the crustacean family repose in or sink
in the deepest and saltiest recesses Of
the sea, where they are clustered and
placed beyond the possibility or capa-
city Of performing their domestic duties.
There is, consequently, no milkiness in
deep sea and salty oysters, and they are
wholesome food all tho year round, as
well in months with as in those without
the letter r. Why, then. should the
capture and sale Of these non-producers
be made penal offense, when they are
SO entirely guiltless Of the offense i'm
puted to them, and when there Is so
large and constant a demand for them :?
Shall our oyster eaters be left without
their food for five months Of the year,
VIII en- we are within the reach, by few
hours sail. of several thousand acres
forming an inexhaustible bed Of this
delicious food, ridging our whole sea-
coast and paving the bottom Of our bays
and coves +? Shall a large, interesting
and diversified population be thrown
out of employment, prohibited from
pursuit by which they make a good liv-
ing and promote the good living OF all
the rest Of the human races, by the
ignorance of our uneducated and I'M
scientific Legislators ? Shall those in
teresting colonies Of Austrians, Las
cars, Dagos and Sicilians, who occupy
the little marine hooks and coves along
our coasts, and monopolize the business
of catching and transporting so many
millions OF oysters to our market, be
consigned to inertia and vacuity during
our long summers, because some
surly and ignorant legislator is
oblivious of this fundamental dis
tinction between oysters taken from
shallow and fresh water. and
those which can only be reached at
the bottom of deep sea water, by twelve
foot tongs and clamps?
We submit to our learned politicians
and jurists whether the affirmation Of
this proposition does not violate the
sacred guarantees of the fourteenth and
fifteenth amendments Of jthe Federal