Peninsula enterprise. [volume] (Accomac, Va.) 1881-1965, 1891-04-25
Correspondence

Mt. FnTT0R:-l have roa! the To-
ter of Mr.. .Tno. w. II. Park"r. in ""
last issue of your paper, with much
"!.rre>t. | wish to ask u few u,los-
+;o.-e of tho author, and also to make
Il few comments. What docs Mr..
parl:crnnan by the ovstor grounds" :?
Does hio idea Of it cover natural rocks.
p'"atrd beds, harn Grounds and shol!
ed hottoms? The terms need must he
undrrstood and defined. to get clear
understanding of the subject.
] favor su~s;Nvin", marking. guard
ing md maintaining the natural nvs-
tor beds mot foot Of them to be left
outl for Ill thn nrnnle as q common.
cd, That any person who OWLS plant
ed ovstors or shells shall also own the
ground on whic! they rest. im fee. Mt
n c0st of tol two cents per acre. 3D.
That MI the hare grounds shall hc
used for oyster farmin" by any and
MI citizens. who wish to develop
them. and thnt the party who does
the work shall own the land in fee.
If Mr.. Parker is correct in his la-'.
I do not sec that any right of proper
" exists in oysters in the water: 30
ono can own y planted bed. thon@h
authorized ny the laws of the State
Is the opinion of law of Kent. Vnttnl
and other jurists, superior tothe en"rt-
ment of the State legislature? Has
any lnan or set of men ever stood so
high. that their interpretations of
law, bound legislatures of State for
ever afterwards, so that q wise law
demanded bv the people could not be
enacted?
Were the opinions of Kent and
Vaitol given with reference to oyster
farming. the growing of Il crop nf
shell fist, on the land covered by salt
water the propagation of which is as
well understood, us that OF corn,
wheat or oats?
If learned men like Kent and Vattel
were living TO day and We're called on
for opinions on this subject. they
would treat this industry as it is to-
dav. aud not as they understood. the
fishing and navigature rights in their
time-they were great men fully
abreast of five times in which they
lived. and. If to-day. on earth, they
would not be slothful, but now, as
then, in the front rank of mon.
Law is progressive as all else in this
age. and it has made greater advance
in the last twenty-five years, than in
one hundred years that preceded; it
never could have gone too fast for
great men like Kent and Vattcl.
In their day oyster farming had
never been dreamed Of: the oyster
itself was not an article of commerce,
as it is to-day, with thousands of men
ready to produce it, and ten thous-
ands ready to buy it,along the great
arteries of trade (railroads).
Mr.. Parker says, ut (referrins to
the lesislature) cannot take private
property Of certain individuals and
make it common property of all the
citizens, MOI: can it take common prop
ertv of ali the citizens, and make It
private property of certain indivi-
dualsn That may be true, but it
Does nos appear so to II man OF ordS-
nery intelligence; it may, however,
be wrapped in some legal mystery,
names may be changed, and things
may not be az they seem. How can
it be so? Our highways are common
to all the people. and they were taken
from private individuals who owned
them in fee.
All the lands, above water, were
common property at one time; the
Indians held them in that way: they
were common to all the citizens, when
our forefathers arrived here; the COIN
mon rights of the people in the high
lands have been denied, and all the
lands are the property of certain in
dividuals, q minority of the people
own them, to the exclusion of the
majority. If there is authority for
this, there is law and as good reasons
for it, to introduce oyster culture.
| hold that the civilization of to-
day demands that the Indian custom
of holding lands in common, shall no
longer apply to undeveloped lands
under the water, but that they pass in
fee to citizens who are willing to do
the work of Improvement.
I want this oyster business placed
on law, broad, liberal and progress
sive. I want to see ten times us many
oysters going into market, five years
hence, as now go. | want to see in
that time the wealth of our people
double. ] want to see it going ahead
and not tied to the customs Of the
Indians, and if there is any law to
hold it back, it will be swept aside
by the power of the people
Respectfully,
ORRIs A. BROWNE.