Chapter 5

Francis Makemie, often called the father of American Presbyterianism, was concerned, in his _A Plain and Friendly Perswasive to the Inhabitants of Virginia and Maryland for Promoting Towns and Cohabitations_, about the dearth of markets for fishery products. It was a condition brought about largely by a general lack of money in circulation. It was easily possible for entire families to subsist the year around on the fruits of land and water plus unexacting manual labor. Wealth was concentrated in the hands of the more important planters whose estates were usually self-sufficient and concentrating on trade with England. The natural bounty of the Tidewater region thus actually deterred the development of Virginia along the lines of New England with its urban centers:

Cohabitation would not only employ thousands of people ... others would be employed in hunting, fishing, and fowling, and the more diligently if assured of a public market....

So also our fishing would be advanced and improved highly by encouraging many poor men to follow that calling, and sundry sorts which are now slighted would be fit for a town market, as sturgeon, thornback, and catfish. Our vast plenty of oysters would make a beneficial trade, both with the town and foreign traders, believing we have the best oysters for pickling and transportation if carefully and skillfully managed.

By 1705 the seat of government had been transferred to nearby Williamsburg. The need of establishing towns as foci for the developing countryside had been felt and now the legislators turned their attention to promoting the fish markets therein, followed by some essential protection of the rights of fishermen and others. Hening's _Statutes_ gives the details:

October, 1705. For the encouragement and bettering of the markets in the said town, Be it enacted, That no dead provision, either of flesh or fish shall be sold within five miles of any of the ports or towns appointed by this act, on the same side the great river the town shall stand upon, but within the limits of the town, on pain of forfeiture and loss of all such provision by the purchases, and the purchase money of such provision sold by the vendor, cognizable by any justice of the county....

Be it further enacted and declared, That if any person or persons shall at any time hereafter shoot, hunt or range upon the lands and tenements, or fish or fowl in any creeks or waters included within the lands of any other person or persons without license for the same, first obtained of the owner and proprietor thereof, every such person so shooting, hunting, fishing, fowling, or ranging, shall forfeit and pay for every such offence, the sum of five hundred pounds of tobacco....

Be it further enacted, That if any person shall set, or cause to be set, a weir in any river or creek, such person shall cause the stayes thereof to be taken up again, as soon as the weir becomes useless; and if any person shall fail of performing his duty herein, he shall forfeit and pay fifteen shillings current money, to the informer: To be recovered, with costs, before a justice of the peace.

The essentials of any stable industry are: control of supply and means of distribution. The fisheries of Virginia were blessed with neither of these advantages. Any progress had to be made in spite of uncertain harvests and lack of packing and handling facilities. Distribution of fresh seafoods was impossible without rapid transportation and adequate refrigeration. Neither was available for two centuries. Virginia's huge supply of oysters was a case in point. Consumption of oysters was limited to those who lived on the spot, and though they figured importantly in the Tidewater diet, as a palpable resource they were untouched until the 19th century. The principal means of preserving them before then was by pickling. In that form they were quite popular during the Colonial period. Fish were salted when there was a surplus and in certain seasons, especially the spawning time of the anadromous river-herring, they were available in phenomenal quantities. They remain today among Virginia's most plentiful fish but the salting industry has now become a mere token of its former magnitude.

The Chesapeake bay blue crab which today constitutes a resource worth about $5,000,000 a year to Virginia crabbers and packers, had to wait even longer than fish and oysters did for development. Salting and pickling were unsuitable to this delicate food and expeditious handling methods did not exist.

In an exhaustive catalogue of the marine life of Virginia William Byrd II, of Westover said:

Herring are not as large as the European ones, but better and more delicious. After being salted they become red. If one prepares them with vinegar and olive oil, they then taste like anchovies or sardines, since they are far better in salt than the English or European herring. When they spawn, all streams and waters are completely filled with them, and one might believe, when he sees such terrible amounts of them, that there was as great a supply of herring as there is water. In a word, it is unbelievable, indeed, indescribable, as also incomprehensible, what quantity is found there. One must behold oneself.

At the time he wrote Virginians were beginning to compete with Canadians and New Englanders in exporting salt fish, particularly to the West Indies, where a large proportion of them were exchanged for the rum so freely used on the plantations as slave rations.

There were no dams barring access to the highest reaches of the rivers and no cities and factories to discharge pollution, so that the river-herring and shad made their way far inland even to the Blue Ridge mountains. There the pioneers awaited them eagerly each spring and salted down a supply to tide them over till the next run. Small wonder, then, that the love of salt herring--always with corn bread--became ingrained in so many Old Virginians!

They had an illustrious exemplar. Once, in 1782, when George Washington was due to visit Robert Howe the honored host wrote to a friend: "General Washington dines with me tomorrow. He is exceedingly fond of salt fish."

Despite obstacles a healthy experimentation in the various phases of fishing was now and then manifest. For example, in 1710 one adventurous fisherman wished to extend the home fisheries to whaling and applied to the Virginia Council for a license. Whales, though not common in Chesapeake bay or the ocean area near it, had been noted from time to time ever since the birth of the Colony. Most often they were washed ashore dead. John Custis, of Northampton County, succeeded in making 30 barrels of oil from one such in 1747. The year before that a live one was spotted in the James river by some Scottish sailors who were able to comer it in shallow water. After killing it, they found it to measure 54 feet! The _Virginia Gazette_, published in Williamsburg, carried this item in 1751:

Some principal gentlemen of the Colony, having by voluntary subscription agreed to fit out vessels to be employed in the whale fishery on our coast, a small sloop called the _Experiment_ was some time ago sent on a cruise, and we have the pleasure to acquaint the public that she is now returned with a valuable whale. Though she is the first vessel sent from Virginia in this employ, yet her success, we hope, will give encouragement to the further prosecution of the design which, we doubt not, will tend very much to the advantage of the Colony as well as excite us to other profitable undertakings hitherto too much neglected.

Commented John Blair in his _Diary_ on the incident: "Heard our first whale brought in and three more struck but lost." The _Experiment_ continued its whaling career successfully for three years. When it retired, no similar enterprise replaced it. Yet in a list of exports from Virginia for the year ending September 30, 1791, 1263 gallons of whale oil appears. Even today whales are occasionally represented in Virginia fishery products, as when one is washed up on a beach and removed by the Coast Guard to a processing plant to be turned into meal and oil.

The overall value of Virginia's fisheries as an industrial resource was glacially slow in reaching public consciousness. Here and there, like dim lights along an uncertain voyage, bits of legislation or isolated conservation procedures appeared. In due course it became evident that natural fishways--to choose one example--were being obstructed to the disadvantage of both the fish and navigation. Hening records the law enacted to keep the rivers open:

1745. And whereas the making and raising of mill dams, and stone-stops, or hedges for catching of fish, is a great obstruction to the navigation of the said rivers [James and Appomattox]: Be it further enacted by the authority aforesaid, That all mill dams, stone-stops, and hedges, already made across either of the said rivers, where they are navigable, shall be thrown down and destroyed by the person or persons who made the same....

Like most hastily framed and passed laws this one proved unsatisfactory and a second one, with more detailed provisions was passed. Hening records it:

1762. Whereas the act of assembly made in the first year of his present Majesty's reign [1761], entitled, an act to oblige the owners of mills, hedges, or stone-stops, on sundry rivers therein mentioned, to make openings or slopes therein for the passage of fish, has been found defective, and not to answer the purposes for which it was intended, and it is therefore necessary that the same should be amended: Be it therefore enacted by the Lieutenant Governor, Council and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That the owner or proprietor of all and every mill, hedge, or stone-stop, on either of the rivers Nottoway and Meherrin, shall in the space of nine months from and after the passing of this act, make an opening or slope in their respective mill-dams, hedges, or stops, in that part of the same where there shall happen to be the deepest water, which shall be in width at least ten feet in the clear, in length at least three times the height of the dam, and that the bottoms and sides thereof shall be planked, and that the sides shall be at least fourteen inches deep, so as to admit a current of water through the same twelve inches deep, which shall be kept open from the tenth day of February to the last day of May in every year.... And be it further enacted by the authority aforesaid, That if any such owner or proprietor shall neglect or refuse so to do, within the time aforesaid, the person so offending shall forfeit and pay the sum of five pounds of tobacco for every day he or they shall so neglect or refuse....

Still the fundamental problem was not solved; fish were not by-passing the remaining obstructions in sufficient quantity to maintain the expected harvest. After various amendments and additions this explicit definition of a fishway or slope was enacted into law in 1771:

That a gap be cut in the top of the dam contiguous to the deepest part of the water below the dam, in which shall be set a slope ten feet wide, and so deep that the water may run through it 18 inches before it will through the waste, or over the dam, that the direction of the said slope be so, as with a perpendicular to be dropped from the top of the dam, will form an angle of at least 75 degrees, and to continue in that direction to the bottom of the river, below the dam, to be planked up the sides 2 feet high; that there be pits or basins built in the bottom, at 8 feet distance, the width of the said slope, and to be 12 inches deep, and that the whole be tight and strong; which said slope shall be kept open from the 10th day of February to the last day of May, annually, and any owner not complying to forfeit 5 pounds of tobacco a day.

The effort was of little avail. Before many dams could be so laboriously modified the Revolutionary War arrived to obscure placid matters like fish conservation.

The diaries of the 18th Century Virginia planters abound with references to seafoods. Most of them lived either on or within easy distance of Tidewater. Most of them had nets and other fishing implements of their own and crews among the slaves to work them. Whenever their needs required, an expedition was made. Perhaps there was a season of bountiful entertaining in prospect. The seine would be taken to a likely spot and hauled ashore. Or a boat would go out and load up with oysters. The fish had to be eaten right away or salted down. But oysters stored in a dark cellar, especially in cool weather, would keep for weeks if moistened from time to time.

One diarist, James Gordon, lived near the Rappahannock river in a section affording a variety of seafoods. Note these typical entries:

Sept. 20, 1759. Fine weather. Went in the afternoon and drew the seine. Had very agreeable diversion and got great plenty of fine fish....

Sept. 26. Went with my wife in the evening to draw the seine. Got about sixty greenfish and a few other sorts.

Sept. 28. Sent in the morning to have the seine drawn. They made several hauls and got good fish, viz: three drum, one of them large, trouts, greenfish, etc....

Oct. 6. Went with my wife to see the seine drawn. We dined very agreeably on a point on fish and oysters....

Jan. 22,--Bought about 70 gallons of rum. Got fine oysters there.

Feb. 12. Went on board the New England man and bought some pots, axes and mackerel.

Feb. 22. Drew the seine and got 125 fine rock and some shad.

July 14. Drew the seine today and got some fine rock.

Feb. 9, 1760. Went with my wife and Mr. Criswell to draw the seine. We met in Eyck's Creek a school of rock--brought up 260. Some very large; the finest haul I ever saw. Sent many of them to our neighbors.

The term "greenfish" is unknown among Virginia Tidewater fishermen. Here again we have a British name brought into Virginia by a colonist not long removed from that country. There "greenfish" is applied to the bluefish, of which there were and are at times plenty in the Rappahannock river.

Another diarist, who lived only a few miles away from Gordon, also on the Rappahannock river, was Landon Carter, son of the famed Robert, or "King," Carter of Corotoman in Lancaster County. There is no doubt about it: he was an oyster lover. He not only knew a way to hold oysters over an extended period--one wishes one knew what it was--but he had the courage and originality to eat them in July, contrary to a widely respected superstition:

Jan. 14, 1770. My annual entertainment began on Monday, the 8th, and held till Wednesday night, when, except one individual or two that retired sooner, things pleased me much, and therefore, I will conclude they gave the same satisfaction to others.

The oysters lasted till the third day of the feast, which to be sure, proves that the methods of keeping them is good, although much disputed by others.

July, 1776. Last night my cart came up from John E. Beale for iron pots to make salt out of the bay water, which cart brought me eight bushels oysters. I ordered them for family and immediate use. As we are obliged to wash the salt we had of Col. Tayloe, I have ordered that washing be carried into the vault and every oyster dipped into it over all and then laid down on the floor again.... Out of the eight bushels oysters I had six pickled and two bushels for dressing. But I was asked why Beale sent oysters up in July. I answered it was my orders. Who would eat oysters in July said the mighty man; and the very day showed he not only could eat them but did it in every shape, raw, stewed, caked in fritters and pickled.

George Washington, too, was an oyster fancier as this note to his New York friend George Taylor shows:

Mt. Vernon, 1786. Sir: ... Mrs. Washington joins me in thanking you also for your kind present of pickled oysters which were very fine. This mark of your politeness is flattering and we beg you to accept every good wish of ours in return.

When in 1770 a notice appeared in the _Virginia Gazette_ about the proposed academy in New Kent County an added attraction was featured: "Among other things the fine fishery at the place will admit of an agreeable and salutary exercise and amusement all the year." It was the Chickahominy river, a tributary of the James, that was referred to. Fishing is still "agreeable" there. Citizens of Richmond, recreation-bent, throng to it along with the residents of its banks, many of whom make their living out of it. This is one of the sections where the water, though tidal, is fresh. Anadromous herring, shad, rock and sturgeon are caught. Unlike the salty bay, fish can be caught here the year round. Among them are catfish, carp, perch and bass.

One of the most accurate and vivid reporters of Colonial Virginia plantation life was Philip Vickers Fithian, tutor to the family of Councillor Robert Carter of Nominy Hall on the lower Potomac river. In his _Journals_ are appetizing references to seafood:

1774, March: With Mr. Randolph, I went a-fishing, but we had only the luck to catch one apiece.

April. We had an elegant dinner; beef and greens, roast pig, fine boiled rockfish.

July. We dined today on the fish called the sheepshead, with crabs. Twice every week we have fine fish.

On the edges of these shoals in Nominy River or in holes between the rocks is plenty of fish.

Well, Ben, you and Mr. Fithian are invited by Mr. Turberville, to a fish feast tomorrow, said Mr. Carter when we entered the Hall to dinner.

As we were rowing up Nominy we saw fishermen in great numbers in canoes and almost constantly taking in fish,--bass and perch.

This is a fine sheepshead, Mr. Stadly [the music master], shall I help you? Or would you prefer a bass or a perch? Or perhaps you will rather help yourself to some picked crab. It is all extremely fine, sir, I'll help myself.

August. Each Wednesday and Saturday, we dine on fish all the summer, always plenty of rock, perch, and crabs, and often sheepshead and trout.

September. We dined on fish and crabs, which were provided for our company, tomorrow being fish day.

September. Dined on fish,--rock, perch, fine crabs, and a large fresh mackerel.

I was invited this morning by Captain Tibbs to a barbecue. This differs but little from the fish feasts, instead of fish the dinner is roasted pig, with the proper appendages, but the diversion and exercise are the very same at both.

An English traveler in 1759, Andrew Burnaby, registered his wonder at the way fish were taken in the reaches of the Chesapeake:

Sturgeon and shad are in such prodigious numbers [in Chesapeake Bay] that one day within the space of two miles only, some gentlemen in canoes caught above six hundred of the former with hooks, which they let down to the bottom and drew up at a venture when they perceived them to rub against a fish; and of the latter above five thousand have been caught at one single haul of the seine.

The "gentlemen" concerned were obviously not slaves serving the needs of a plantation, but, judging from the amount caught, expert commercial fishermen. The sturgeon, after the roe was removed, were stacked in carts and peddled in nearby towns. The shad, after as many as possible were sold fresh, were salted down.

The snagging of big sturgeon as recounted by the French traveler Francois J. de Chastellux in 1781 remained in common practice into the 20th Century, when the big ones became much scarcer:

As I was walking by the river side [James near Westover], I saw two negroes carrying an immense sturgeon, and on asking them how they had taken it, they told me that at this season they were so common as to be taken easily in a seine and that fifteen or twenty were found sometimes in the net; but that there was a much more simple method of taking them, which they had just been using. This species of monster, which are so active in the evening as to be perpetually leaping to a great height above the surface of the water, usually sleep profoundly at mid-day. Two or three negroes then proceed in a little boat, furnished with a long cord at the end of which is a sharp iron crook, which they hold suspended like a log line. As soon as they find this line stopped by some obstacle, they draw it forcibly towards them so as to strike the hook into the sturgeon, which they either drag out of the water, or which, after some struggling and losing all his blood, floats at length upon the surface and is easily taken.

The frequently met-with term, "fishery," in Colonial writings took on a special meaning as the industry developed. It was used in the sense of what the present Virginia lawbook calls a "regularly hauled fishing landing."

This is usually a shore privately owned where the fronting waters have been cleared of obstructions. The owner, or some one permitted by him, operates a long seine at that place by carrying it offshore in boats and hauling it to land. So long as he thus uses the spot "regularly" the law protects him, now as in the past, by making it illegal for any other person to fish with nets within a quarter-mile of "any part of the shore of the owner of any such fishery."

The rights to such a property were, and are, in many cases extremely profitable. George Washington was among the Virginia planters zealously caring for their "fisheries."

Often the privilege of using these was advertised in the newspapers or otherwise for rent for a long or short term. Some owners who did not themselves wish to fish counted on their shores to yield rental. One of these, George William Fairfax, must have expressed himself to Washington on the subject, for the latter wrote him in June, 1774:

... As to your fishery at the Raccoon Branch, I think you will be disappointed there likewise as there is no landing on this side of river that rents for more than one half of what you expect for that, and that on the other side opposite to you (equally good they say) to be had at L15 Maryland currency....

But growing along with this practice was sentiment favoring fishing places open to the general public. When an attempt was made about 1770 to take over certain lands near Cape Henry for private operation, a vigorous protest ensued:

The petition of the subscribers, inhabitants of the county of Princess Anne in behalf of themselves and the other inhabitants of this colony, humbly shows: That the point of land called Cape Henry bounded eastward by the Atlantic Ocean, northwardly by Chesapeake Bay, westwardly and southwardly by part of Lynnhaven River and by a creek called Long Creek and the branches thereof, is chiefly desert banks of sand and unfit for tillage or cultivation and contains several thousand acres.