Chapter 4

Nor would it be such a long interval (salt being first made) betwixt the undertaking of this fishing, and the bringing it to perfection, for if every servant were enjoined to practice rowing, to be taught to handle sails, and trim a vessel, a work easily practised, and suddenly learned, the pleasantness of weather in fishing season, the delicacy of the fish, of which they usually feed themselves with the best, the encouragement of some share in the profit, and their understanding what their own benefit may be when their freedom gives them an equality, will make them willing and able fishermen and seamen. To add further to this, if we consider the abundance, largeness, and peculiar excellency of the sturgeon in that country, it will not fall into the least of scruples, but that one species will be of an invaluable profit to the buyer, or if we repeat to our thoughts the singular plenty of herrings and mackerel, in goodness and greatness much exceeding whatever of that kind these our seas produce, a very ordinary understanding may at the first inspection perceive that it will be no great difficulty to out-labor and out-vie the Hollander in that his almost only staple.

This flowery author goes on to make ingenious suggestions about raising fish in captivity, like domesticated animals, by inclosing a creek against their egress but keeping it sluiced to permit the action of tides. He even guesses that a nutritious and medicinal oil could be produced from fish livers. It is worth noting that both these suggestions have been proved practical but they had to wait until modern times to be carried out.

In the anonymous _A Perfect Description of Virginia_, published in 1649, the population is given as 15,000 English and 300 negroes. The count of boats, remembering the shortage of 40 years before, is impressive: "They have in their Colony pinnaces, barks, great and small boats many hundreds, for most of their plantations stand upon the river sides or up little creeks, and but a small way into the land so that for transportation and fishing they use many boats."

The enmity of the Indians had been a constant irritation, and worse, ever since the first days. As soon as it became possible to do so, effort was made to cut them off from the resources of the tidal waters. It was reasoned, and as it turned out, rightly, that with them unable to supplement their food supplies with fish and shellfish, especially oysters, they would be weakened in body and more easily subdued. The word early went out: Keep the Indians away from the water. This strategy worked so successfully that by 1662 it was deemed safe to ease the pressure. Thus another milestone was reached: the first oyster licensing law, as recorded in Hening's _Statutes_:

Be it further enacted that for the better relief of the poor Indians whom the seating of the English had forced from their wonted convenience of oystering, fishing ... that the said Indians upon address made to two of the justices of that county they desire to oyster ... they, the said justices, shall grant a license to the said Indians to oyster ... provided the said justices limit the time the Indians are to stay, and the Indians bring not with them any guns, or ammunition or any other offensive weapon but only such tools or implements as serve for the end of their coming. If any Englishman shall presume to take from the Indians so coming in any of their goods, or shall kill, wound, maim any Indian, he shall suffer as he had done the same to an Englishman and be fined for his contempt.

This was followed, according to Hening, in 1676 by another cavalier gesture to the oppressed:

... It is hereby intended that our neighbor Indian friends be not debarred from fishing and hunting within their own limits and bounds, using bows and arrows only. Provided also that such neighbor Indian friends who have occasion for corn to relieve their lives and it shall and may be lawful for any English to employ in fishing or deal with fish, canoes, bowls, mats, or baskets, and to pay the said Indians for the same in Indian corn, but no other commodities....

Thomas Glover, author of _An Account of Virginia_, addressed to the Royal Society in London, published in 1676, sides with the optimists. His catalogue has a familiar sound but it is valuable as substantiating many of the earlier reports. One impression to be gained from it is that after more than 60 years of occupancy of the new territory, the settlers had in no way depleted their fishery resources, had not, in fact, even scratched the surface:

In the rivers are great plenty and variety of delicate fish. One kind whereof is by the English called a sheepshead from the resemblance the eye of it bears with the eye of a sheep. This fish is generally about fifteen or sixteen inches long and about half a foot broad. It is a wholesome and pleasant fish and of easy digestion. A planter does often times take a dozen or fourteen in an hour's time with hook and line.

There is another sort which the English call a drum, many of which are two foot and a half or three foot long. This is likewise a very good fish, and there is plenty of them. In the head of this fish there is a jelly, which being taken and dried in the sun, then beaten to powder and given in broth, procures speedy delivery to women in labour.

At the heads of the rivers there are sturgeon and in the creeks are great store of small fish, as perch, croakers, taylors, eels, and divers others whose name I know not. Here are such plenty of oysters as they may load ships with them. At the mouth of Elizabeth River, when it is low water, they appear in rocks a foot above water. There are also in some places great store of mussels and cockles. There is also a fish called a stingray, which resembles a skate, only on one side of his tail grows out a sharp bone like a bodkin about four or five inches long, with which he sticks and wounds other fish and then preys upon them.

The same author went farther than any other reporter up to that time in telling a real fish story:

And now it comes into my mind, I shall here insert an account of a very strange fish or rather a monster, which I happened to see in Rappahannock River about a year before I came out of the country; the manner of it was thus:

As I was coming down the forementioned river in a sloop bound for the bay, it happened to prove calm, at which time we were three leagues short of the river's mouth; the tide of ebb being then done, the sloop-man dropped his grapline, and he and his boy took a little boat belonging to the sloop, in which they went ashore for water, leaving me aboard alone, in which time I took a small book out of my pocket and sat down at the stern of the vessel to read; but I had not read long before I heard a great rushing and flashing of the water, which caused me suddenly to look up, and about half a stone's cast from me appeared a prodigious creature, much resembling a man, only somewhat larger, standing right up in the water with his head, neck, shoulders, breast and waist, to the cubits of his arms, above water; his skin was tawny, much like that of an Indian; the figure of his head was pyramidal, and slick, without hair; his eyes large and black, and so were his eyebrows; his mouth very wide, with a broad streak on the upper lip, which turned upward at each end like mustachioes; his countenance was grim and terrible; his neck, shoulders, arms, breast and waist were like unto the neck, arms, shoulders, breast and waist of a man; his hands if he had any, were under water; he seemed to stand with his eyes fixed on me for some time, and afterward dived down, and a little after riseth at somewhat a farther distance, and turned his head towards me again, and then immediately falleth a little under water, and swimmeth away so near the top of the water, that I could discern him throw out his arms, and gather them in as a man doth when he swimmeth. At last he shoots with his head downwards, by which means he cast his tail above the water, which exactly resembled the tail of a fish with a broad fane at the end of it.

Judging from the few piddling regulations and restrictions referred to in extracts already cited, the Virginia lawmakers could see no need for intensive or even active supervision of the Tidewater fisheries. A rather epoch-making law was enacted in 1678 by the county court of Middlesex County, which is about 50 miles from James City, at the juncture of the Rappahannock river and Chesapeake bay:

Whereas, by the 15th act of Assembly made in the year 1662, liberty is given to each respective county to make by-laws for themselves; which laws, by virtue of the said act are to be binding upon them as any other general law; and whereas several of the inhabitants of this county have complained against the excessive and immoderate striking and destroying of fish, by some fire, of the inhabitants of this county by striking them by a light in the night time with fish gigs, wherby they not only affright the fish from coming into the rivers and creeks, but also wound four times that quantity that they take, so that if a timely remedy be not applied, by that means the fishing with hooks and lines will be thereby spoiled to the great hurt and grievance of most of the inhabitants of this county. It is therefore by this court ordered that from and after the 20th day of March next ensuing, it shall not be lawful for any of the inhabitants of this county to take, strike, or destroy any sort of fish in the night time with fish gigs, harping irons, or any other instrument of that nature, sort or kind, within any river, creek or bay which are accounted belonging to or within the bounds or precincts of this county. And it is further ordered that if any person or persons being a freeman, shall offend against this order, he or they so offending shall for the first offence be fined five hundred pounds of good tobacco to be paid to the informer, and for every other offence committed against this order after the first, by any person, the said fine to be doubled and if any servants be permitted or encouraged by their masters to keep or have in their possession any fish gig, harping iron or any other instrument of that kind or nature and shall therewith offend against this order, that in such case the master of such servant or servants shall be liable to pay the several fines above mentioned, and if any servant or servants shall, contrary to and against their master's will and knowledge, offend against this order, that for every offence they receive such corporal punishment as by this court shall be thought meet.

As population became more dense it was inevitable that rights previously of little significance began to be asserted. This case of 1679 taken from Hening's _Statutes_, was a forerunner of countless others like it which continue to this day:

Robert Liny, having complained to this Grand Assembly that whereas he had cleared a fishing place in the river against his own land to his great cost and charge supposing the right thereof in himself by virtue of his patents, yet nevertheless several persons have frequently obstructed him in his just privilege of fishing there, and despite of him came upon his land and hauled their seines on shore to his great prejudice, alleging that the water was the King Majesty's and not by him granted away in any patent and therefore equally free to all His Majesty's subjects to fish in and haul their seines on shore, and praying for relief therein by a declaratory order of this Grand Assembly; it is ordered and declared by this Grand Assembly that every man's right by virtue of his patent extends into the rivers or creeks so far as low water mark and it is a privilege granted to him in and by his patent, and that therefore no person ought to come and fish there above low water mark or haul seines on shore without leave first obtained, under the hazard of comitting a trespass for which he is sueable by law.

In most cases this decision somewhat limited a landowner's claim. But on the seaside of Virginia's Eastern Shore conditions have always been so that at low tide thousands of acres of land are laid bare, with the result that "low water mark" is in many cases difficult of interpretation as a boundary between waterfront properties and the public domain.

Toward the close of the century fishing methods had shaped up advantageously compared to the crudities and hit-or-miss practices of the first settlers. Robert Beverley described them in 1705:

The Indian invention of weirs in fishing is mightily improved by the English, besides which, they make use of seines, trolls, casting nets, setting nets, hand fishing and angling and in each find abundance of diversion. I have sat in the shade at the heads of the rivers angling and spent as much time in taking the fish off the hook as in waiting for their taking it. Like those of the Euxine Sea, they also fish with spilyards which is a long line staked out in the river and hung with a great many hooks on short strings, fastened to the main line, about four foot asunder. The only difference is that our line is supported by stakes and theirs is buoyed up with gourds.

The abundance of the fisheries never ceased impressing visitors. A French tourist added to the chorus in 1687:

Fish too is wonderfully plentiful. There are so many shell oysters that almost every Saturday my host craved them. He had only to send one of his servants in one of the small boats and two hours after ebb tide he brought it back full. These boats, made of a single tree hollowed in the middle, can hold as many as fourteen people and twenty-five hundredweight of merchandise.

As if to crown the final emergence of recognition of the home fisheries William Byrd I instructed his agent in Boston in 1689 to send him a variety of commodities in return for a bill of exchange but _no salt fish_:

By the advice of my friend, Captain Peter Perry, I made bold to give you the trouble of a letter of the 1st instant with two small bills of exchange which I desired you to receive and return the effects to me in the upper part of James River, either in rum, sugar, Madeira wine, turnery, earthenware, or anything else you may judge convenient to this country (fish excepted)....

Evidently at least some good salt was now at hand to preserve the roe herring that choked the rivers and creeks in the spring. The salt-herring breakfast was on its way to becoming a Virginia institution, and the salt-fish monopolies of New England and Canada were cracking after three-quarters of a century.

The score of "firsts" in the Virginia fishery world have been noted as they occurred. Among them were the first fishery statistics, the first licensing law, the first price control, the first diamond-back terrapin, the first conservation measures. And now in 1698 there was the first agitation against polluted waters:

We, the Council and Burgesses of the present General Assembly, being sensible to the great mischiefs and inconveniences that accrue to the inhabitants of this, his Majesty's Colony and Dominion of Virginia, by killing of whales within the capes thereof, in all humility take leave to represent the same unto Your Excellency and withal to acquaint you that by the means thereof great quantities of fish are poisoned and destroyed and the rivers also made noisome and offensive. For prevention of which evils in regard the restraint of the killing of whales is a branch of His Majesty's royal prerogative.

We humbly pray that Your Excellency [the Governor, Francis Nicholson] will be pleased to issue out a proclamation forbidding all persons whatsoever to strike or kill any whales within the bay of Chesapeake in the limits of Virginia which we hope will prove an effectual means to prevent the many evils that arise therefrom.

As Jamestown reached the end of its span, the fisheries came of age. Inequities were being ironed out, methods were being perfected, and planners were at work on ways of employing more and more of the fast-growing population in searching out and making available the bounty of the fair Chesapeake.

At the start of the 18th century, however, there was little evidence of an organized industry in any phase. Everywhere were unlimited opportunities for exploitation. The abundance of oysters still impressed travelers. In the extract to follow, Francis Louis Michel of Switzerland speaks of the method of tonging oysters in 1701, but note that he says, "They usually pull from six to ten times." This could be taken to mean that each individual procured his own oysters from the lavish supply virtually at his doorstep, and stopped as soon as he had a "mess" to enjoy over the week-end:

The water is no less prolific, because an indescribably large number of big and little fish are found in the many creeks, as well as in the large rivers. The abundance is so great and they are so easily caught that I was much surprised. Many fish are dried, especially those that are fat. Those who have a line can catch as many as they please. Most of them are caught with the hook or the spear, as I know from personal experience, for when I went out several times with the line, I was surprised that I could pull out one fish after another, and, through the clear water I could see a large number of all kinds, whose names are unknown to me. They cannot be compared with our fish, except the herring, which is caught and dried in large numbers. Thus the so-called catfish is not unlike the large turbot. A very good fish and one easily caught is the eel, also like those here [in Switzerland]. There is also a kind like a pike. They have a long and pointed mouth, with which they like to bite into the hook. They are not wild, but it happens rarely that one can keep them on the line, for they cut it in two with their sharp teeth. We always had our harpoons and guns with us when we went out fishing, and when the fish came near we shot at them or harpooned them. A good fish, which is common and found in large numbers is the porpoise. They are so large that by their unusual leaps, especially when the weather changes, they make a great noise and often cause anxiety for the small boats or canoes. Especially do they endanger those that bathe. Once I cooled and amused myself in the water with swimming, not knowing that there was any danger, but my host informed me that there was.... The waters and especially the tributaries are filled with turtles. They show themselves in large numbers when it is warm. Then they come to the land or climb up on pieces of wood or trees lying in the water. When one travels in a ship their heads can be seen everywhere coming out of the water. The abundance of oysters is incredible. There are whole banks of them so that the ships must avoid them. A sloop, which was to land us at Kingscreek, struck an oyster bed, where we had to wait about two hours for the tide. They surpass those in England by far in size, indeed, they are four times as large. I often cut them in two, before I could put them into my mouth. The inhabitants usually catch them on Saturday. It is not troublesome. A pair of wooden tongs is needed. Below they are wide, tipped with iron. At the time of the ebb they row to the beds and with the long tongs they reach down to the bottom. They pinch them together tightly and then pull or tear up that which has been seized. They usually pull from six to ten times. In summer they are not very good, but unhealthy and can cause fever.

The most comprehensive list of fish thus far given by the early historians was offered by Robert Beverley in 1705. Again as with John Smith, there are names that do not fit in today. But these are very few: "greenfish," "maid," "wife," and "frogfish" perhaps, all of which, however, are well-known in England. The recurring mention of carp in the early authorities quoted is interesting, since it has long been believed that carp were introduced into the Chesapeake region in 1877 by the U.S. Fish Commission. No doubt that was carp of another species. The esteemed sheepshead is today very rare:

As for fish, both of fresh and salt water, of shellfish, and others, no country can boast of more variety, greater plenty, or of better in their several kinds.

In the spring of the year, herrings come up in such abundance into their brooks and fords to spawn that it is almost impossible to ride through without treading on them. Thus do those poor creatures expose their own lives to some hazard out of their care to find a more convenient reception for their young, which are not yet alive. Thence it is that at this time of the year, the freshes of the rivers, like that of the Broadruck, stink of fish.

Besides these herrings, there come up likewise into the freshes from the sea multitudes of shad, rock, sturgeon, and some few lampreys, which fasten themselves to the shad, as the remora of Imperatus is said to do to the shark of Tiburon. They continue their stay there about three months. The shad at their first coming up are fat and fleshy, but they waste so extremely in milting and spawning that at their going down they are poor and seem fuller of bones, only because they have less flesh. As these are in the freshes, so the salts afford at certain times of the year many other kinds of fish in infinite shoals, such as the oldwife, a fish not much unlike a herring, and the sheepshead, a sort of fish which they esteem in the number of their best.

There is likewise great plenty of other fish all the summer long and almost in every part of the rivers and brooks there are found of different kinds. Wherefore I shall not pretend to give a detail of them, but venture to mention the names only of such as I have eaten and seen myself and so leave the rest to those that are better skilled in natural history. However, I may add that besides all those that I have met with myself, I have heard of a great many very good sorts, both in the salts and freshes, and such people too, as have not always spent their time in that country, have commended them to me, beyond any they had ever eaten before.

Those which I know myself, I remember by the names of herring, rock, sturgeon, shad, oldwife, sheepshead, black and red drums, trout, taylor, greenfish, sunfish, bass, chub, plaice, flounder, whiting, fatback, maid, wife, small turtle, crab, oyster, mussel, cockle, shrimp, needlefish, bream, carp, pike, jack, mullet, eel, conger eel, perch, and catfish.

Those which I remember to have seen there of the kinds that are not eaten are the whale, porpoise, shark, dogfish, gar, stingray, thornback, sawfish, toadfish, frogfish, land crabs, fiddlers, and periwinkle.