Chapter 2

June 18, 1621. There was a petition exhibited unto His Majesty in the name of the patentees and adventurers in the plantation of New England concerning some difference between the Southern and Northern Colonies, the said petition was by His Majesty referred to the consideration of the Lords. Their Lordships, upon the hearing and debating of the matter at large and by the consent of both Colonies, did establish and confirm two former orders, the one bearing date of the 16th of March 1620, agreed upon by the Duke of Lenox and the Earl of Arundell; the other of the 21st of July 1620 ordered by the Board whereby it was thought fit that the said colonies should fish at sea within the limits and bounds of each other reciprocally, with this limitation that it be only for the sustentation of the people of the Colonies there and for the transportation of people into either Colony. Further it was ordered at this time by their Lordships that they should have freedom of the shore for drying of their nets and taking and saving of their fish and to have wood for their necessary uses, by the assignment of the Governors at reasonable rates. Lastly the patent of the Northern Colony shall be renewed according to the premises, and those of the Southern plantation to have a sight thereof before it be engrossed and the former patent to be delivered into the hand of the patentees.

In an effort to encourage Virginians to salt their own fish, an order from London recommended the reopening of the old sea-water-evaporators on Smith's island, off Cape Charles, where salt had been produced in the first days. The Virginia Company advised the Governor and Council in 1620:

The last commodity, but not of least importance for health, is SALT: the works whereof having been lately suffered to decay; we now intending to restore in so great plenty, as not only to serve the Colony for the present, but as is hoped, in short time, the great fishings on those coasts, a matter of inestimable advancement to the Colony, do upon mature deliberation ordain as followeth: First, that you the Governor and Council, do chose out of the tenants for the Company, 20 fit persons to be employed in salt works, which are to be renewed in Smith's Island, where they were before; as also in taking of fish there, for the use of the Colony, as in former times was also done. These 20 shall be furnished out at the first, at the charges of the Company, with all implements and instruments necessary for those works. They shall have also assigned to each of them for their occupation or use, 50 acres of land within the island, to be land of the Company. The one moiety of salt, fish, and profits of the land shall be for the tenants, the other for us the Company, to be delivered into our store: and this contract shall be continued for five years.

The reply of Secretary of the Colony, John Pory, was something less than complacent:

The last commodity spoken of in your charter is salt; the works whereof, we do much marvel, you would have restored to their former use; whereas I will undertake in one day to make as much salt by the heat of the sun, after the manner used in France, Spain, and Italy, as can be made in a year by that toilsome and erroneous way of boiling sea water into salt in kettles as our people at Smith's Island hitherto accustomed. And therefore when you enter into this work, you must send men skillful in salt ponds, such as you may easily procure from Rochell, and if you can have none there, yet some will be found in Lymington, and in many other places in England. And this indeed in a short time might prove a real work of great sustenance to the Colony at home, as of gain abroad, here being such schools of excellent fish, as ought rather to be admired of such as have not seen the same, than credited. Whereas the Company do give their tenants fifty acres upon Smith's Island some there are that smile at it here, saying there is no ground in all the whole island worth the manuring.

Following this exchange, attempts at salt making, especially on the Eastern Shore where the waters were saltiest, were renewed. John Rolfe reported in 1621:

At Dale's Gift, being upon the sea near unto Cape Charles, about thirty miles from Kecoughtan, are seventeen inhabitants under command of Lieutenant Cradock. All these are fed and maintained by the Colony. Their labor is to make salt and catch fish....

Secretary Pory soon expressed his disagreement with the project in more than words and succeeded in effecting the removal of the salt works to a more convenient location. That this hardly fulfilled expectations is evidenced by a letter written in 1628 to the King by the Governor and Council:

Great likeliness of the certainty of bay salt, the benefit that will thereby accrue to the Colony will be great, and they shall willingly assist Mr. Capps in making his experiment, which, brought to perfection, will draw a certain trade to them. And they hope that the fishing upon their coasts will be very near as good as Canada.

Mr. Capps, a citizen of Accomack, had proposed that if the Colony would subsidize him he would undertake to supply it with salt from evaporated sea water. His offer was accepted and the enterprise set up. After waiting patiently and seeing little salt the Council took him to task. His plea was the familiar one of most operations that fail: lack of capital. He had worked hard, he said; he had all the firewood he needed, workmen were available, and the sun shone bright. The bottle-neck was too few evaporating pans. But apparently he had not won the Council's confidence. The Capps salt company was dissolved.

Another one sprang up about 30 years later under the sponsorship of Colonel Edmund Scarborough of Northampton County. Such was the public interest aroused by this influential man, who, among other distinctions, had been a Burgess between 1642 and 1659, that the importation of salt into the county was prohibited to encourage him. Finally, in 1666, this project was abandoned for reasons that remain obscure. Most probably the quality of the product was inferior.

The salt shortage continued despite other random attempts to alleviate it. For example, in 1660 one Daniel Dawen of Accomack was exempted from taxes and granted public funds for his "experiments of salt."

The trouble that attended obtaining salt in needed quantity and of satisfactory quality accompanied the development of Virginia right up to George Washington's time.

Despite all attempts to the contrary, reliance on salt fish from the North kept gaining. The General Assembly that had met in 1619 censured a Captain Warde for establishing a plantation in Virginia without asking anybody's permission. But when it was brought out that he had conveyed quantities of salt fish to the Colony from Canada on his ship he was forgiven. This captain was an important link between the Colony and the North. John Rolfe wrote to Sir Edwin Sandys in 1619:

Captain Warde in his ship went to Monhegan [island, Maine] in the Northern Colony in May and returned the latter end of July with fish which he caught there. He brought but a small quantity by reason he had but little salt. There were some Plymouth ships where he harbored, who made great store of fish which is far larger than Newland [Newfoundland] fish.

The Maine waters were far busier than those of Virginia. For more than a century vessels from half-a-dozen European nations had thronged there, even to Greenland, attracted by the fishing, and the furs available on the mainland. When some of the early experiments at colonization failed, fishing became all the more emphasized. There was usually excellent demand for the catches whether landed in Plymouth (England) or Plymouth (Massachusetts), Portugal, Holland, the West Indies or Virginia. These bold adventurers made use of the land in the New World only for drying, salting and barreling their fish. If conditions permitted, they transported them fresh, in a cargo commonly known as "corfish." Oil made from whale and cod was a profitable commodity.

Fishermen were the pioneers and explorers of America's first days just as the miners, trappers and traders were those of a later period.

The importance of fish was thus underlined. In addition, conceding the value to the untrained whites of Indians as fishermen, the 1619 Assembly agreed to a proposal that Indians to the limit of six be permitted to live in white settlements if they engaged in fishing for the benefit of the settlement. Indian methods were first described by Hariot of the Roanoke island colony:

They have likewise a notable way to catch fish in their rivers, for whereas they lack both iron and steel, they fasten unto their reeds, or long rods, the hollow tail of a certain fish like to a sea crab instead of a point, wherewith by night or day they strike fishes, and take them up into their boats. They also know how to use the prickles, and pricks of other fishes. They also make weirs, with setting up reeds or twigs in the water, which they so plant one with another, that they grow still narrower, and narrower. There was never seen among us so cunning a way to take fish withal, whereof sundry sorts as they found in their rivers unlike ours, which are also of a very good taste. Doubtless it is a pleasant sight to see the people, sometimes wading, and going sometimes sailing in those rivers, which are shallow and not deep, free from all care of heaping up riches for their posterity, content with their state, and living friendly together of those things which God of His bounty hath given unto them, yet without giving Him any thanks according to His deserts.

The most vivid and comprehensive description of Indian fishing was given by historian Robert Beverley. Though his work was not published until 1705, he dealt with an earlier period:

Before the arrival of the English there, the Indians had fish in such vast plenty that the boys and girls would take a pointed stick and strike the lesser sort as they swam upon the flats. The larger fish that kept in deeper water, they were put to a little more difficulty to take. But for these they made weirs, that is, a hedge of small rived sticks or reeds of the thickness of a man's finger. These they wove together in a row with straps of green oak or other tough wood, so close that the small fish could not pass through. Upon high water mark they pitched one end of this hedge and the other they extended into the river to the depth of eight or ten foot, fastening it with stakes, making cods out from the hedge on one side, almost at the end, and leaving a gap for the fish to go into them. These were contrived so that the fish could easily find their passage into those cods when they were at the gap, but not see their way out again when they were in. Thus if they offered to pass through, they were taken.Sometimes they made such a hedge as this quite across a creek at high water and at low would go into the run, so contracted into a narrow stream, and take out what fish they pleased.At the falls of the rivers where the water is shallow and the current strong, the Indians use another kind of weir thus made. They make a dam of loose stone, whereof there is plenty at hand, quite across the river, leaving one, two, or more spaces or trunnels for the water to pass through. At the mouth they set a pot of reeds, wove in form of a cone, whose base is about three foot [wide] and ten [foot] perpendicular, into which the swiftness of the current carries the fish and wedges them so fast that they cannot possibly return.The Indian way of catching sturgeon, when they came into the narrow part of the rivers, was by a man's clapping a noose over their tails and by keeping fast his hold. Thus a fish, finding itself entangled, would flounce and often pull him under water. Then that man was counted a cockarouse, or brave fellow, that would not let go till with swimming, wading and diving, he had tired the sturgeon and brought it ashore. These sturgeon would also leap into their canoes in crossing the river, as many of them do still every year into the boats of the English.They have also another way of fishing like those on the Euxine Sea, by the help of a blazing fire by night. They make a hearth in the middle of their canoe, raising it within two inches of the edge. Upon this they lay their burning lightwood, split into small shivers, each splinter whereof will blaze and burn end for end like a candle. 'Tis one man's work to tend this fire and keep it flaming. At each end of the canoe stands an Indian with a gig or point spear, setting the canoe forward with the butt end of the spear as gently as he can, by that means stealing upon the fish without any noise or disturbing of the water. Then they with great dexterity dart these spears into the fish and so take them. Now there is a double convenience in the blaze of this fire, for it not only dazzles the eyes of the fish, which will lie still glaring upon it, but likewise discovers the bottom of the river clearly to the fisherman, which the daylight does not.

Sometimes they made such a hedge as this quite across a creek at high water and at low would go into the run, so contracted into a narrow stream, and take out what fish they pleased.

At the falls of the rivers where the water is shallow and the current strong, the Indians use another kind of weir thus made. They make a dam of loose stone, whereof there is plenty at hand, quite across the river, leaving one, two, or more spaces or trunnels for the water to pass through. At the mouth they set a pot of reeds, wove in form of a cone, whose base is about three foot [wide] and ten [foot] perpendicular, into which the swiftness of the current carries the fish and wedges them so fast that they cannot possibly return.

The Indian way of catching sturgeon, when they came into the narrow part of the rivers, was by a man's clapping a noose over their tails and by keeping fast his hold. Thus a fish, finding itself entangled, would flounce and often pull him under water. Then that man was counted a cockarouse, or brave fellow, that would not let go till with swimming, wading and diving, he had tired the sturgeon and brought it ashore. These sturgeon would also leap into their canoes in crossing the river, as many of them do still every year into the boats of the English.

They have also another way of fishing like those on the Euxine Sea, by the help of a blazing fire by night. They make a hearth in the middle of their canoe, raising it within two inches of the edge. Upon this they lay their burning lightwood, split into small shivers, each splinter whereof will blaze and burn end for end like a candle. 'Tis one man's work to tend this fire and keep it flaming. At each end of the canoe stands an Indian with a gig or point spear, setting the canoe forward with the butt end of the spear as gently as he can, by that means stealing upon the fish without any noise or disturbing of the water. Then they with great dexterity dart these spears into the fish and so take them. Now there is a double convenience in the blaze of this fire, for it not only dazzles the eyes of the fish, which will lie still glaring upon it, but likewise discovers the bottom of the river clearly to the fisherman, which the daylight does not.

Under Governor George Yeardley in 1616, there were 400 people at Jamestown and one old frigate, one old shallop and one boat belonging to the community. There were two boats privately owned. The boats best suited to local fishing, and the most easily available, were the Indian dugout canoes. Such was the size of the trees that it was possible to make them comparatively roomy, as Strachey noted.

Every passing year brought home to the steadily growing Colony the need of improving its fishing practices. Most nets had to be bought in England. Here is a London item from a 1623List of Subscribers and Subscriptions for Relief of the Colony: "Richard Tatem will adventure [speculate] in cheese and fishing nets the sum of £30 sterling."

Jamestown had by 1624 begun to spawn little Jamestowns throughout the countryside. A census was ordered of all settlements. In January, 1625, there were 1209 white persons, and 23 negroes. This first American census listed, among general provisions, the stocks of salt fish. On hand at thirteen settlements was 58,380 pounds. James City had the largest supply, 24,880 pounds. Elizabeth City was next with 10,550 pounds. A community listed only as "Neck of Land" adjacent to Jamestown, consisting of perhaps ten dwellings and plantations, had 4,050 pounds. The smallest store, 450 pounds, was credited to another "Neck of Land" in Charles City. From the accumulated evidences of disorganized home fishing, coupled with the deficiency of salt, it is to be concluded that most of this supply had come from the Northern fishing grounds.

There were 40 boats of various sizes and uses listed in this census. For example, at Jamestown a "barque of 40 tons, a shallop of 4 tons and one skiff" were among the ten there.

A token of the stress resulting from inadequate fisheries even after 16 years of active colonization is this letter preserved in the records of the Virginia Company. A Virginia citizen named Arundle in 1623 wrote to his friend, Mr. Caning, in London:

The most evident hope from altogether starving is oysters, and for the easier getting of them I have agreed for a canoe which will cost me 6 livres sterling.Emigrants had been advised not to leave for Virginia without some fishing equipment. In hisTravels, John Smith had included the warning: "A particular of such necessaries as either private families or single persons shall have cause to provide to go to Virginia ... nets, hooks and lines must be added."

The most evident hope from altogether starving is oysters, and for the easier getting of them I have agreed for a canoe which will cost me 6 livres sterling.

Emigrants had been advised not to leave for Virginia without some fishing equipment. In hisTravels, John Smith had included the warning: "A particular of such necessaries as either private families or single persons shall have cause to provide to go to Virginia ... nets, hooks and lines must be added."

Records of the Virginia Company in London throw light on the extensiveness of the fish trade. Robert Bennett wrote from Virginia to Edward Bennett in London in 1623:

My last letter I wrote you was in theAdamfrom Newfoundland, which I hope you shall receive before this. God send her back in safety and this from Canada. I hope the fish will come to a good reckoning for victuals is very scarce in the country. Your Newfoundland fish is worth 30s. per hundred, your dry Canada [fish] £3, 10s. and the wet £5, 10s. per hundred. I do not know nor hear of any that is coming hither with fish but only theTigerwhich went in company with theAdamfrom this place and I know the country will carry away all this forthwith.

And again from the records of the Company, this extract fromAn Account of Sums Subscribed and Supplies Sent Since April, dated July 23, 1623:

... We have received advice that from Canada there departed this last month a ship called Furtherance with above forty thousand of that fish which is little inferior to ling for the supply of the Colony in Virginia and that fish is worth not less than £600.

The broyling of their fish over the flame of fire.

"The broyling of their fish over the flame of fire."

Library of Congress Photo

The first settlers did not have to learn from the Indians how to cook fish, but this method was perhaps as appetizing as any they knew.

The manner of their fishing.

Library of Congress Photo

The first colonists saw the Indians engaged in fishing practices that included spearing, luring with firelight, and entrapping in staked-off enclosures.

A sheepshead fish.

The sheepshead was one of the favorite seafoods of Tidewater Virginians from the beginning. It was fairly abundant, according to their records, and remained so until the twentieth century, when it became almost extinct in Chesapeake waters.

U.S. Fish and Wildlife Service Photos

A sturgeon.

The ugly-looking but delicious-tasting sturgeon was the fish that principally engaged the attention of the first colonists. They were impressed by its abundance and were busy for a time in shipping its roe to England for1caviar.

U.S. Fish and Wildlife Service Photos

1(we cannot be certain that much actual caviar was produced at Jamestown. The chances are that the roe was merely salted down and that the final processing took place in England)

Haul-seining or dragging fish ashore by enclosing them in a long net, is a form of fishing that has thrived almost unchanged through the ages. Its practice at Jamestown was limited by the lack of nets.

The toothsome Chesapeake Bay hard crab was, and is still to a great extent today, taken by baits spaced along lines sunk to the bottom and then raised and the tenacious crabs removed.

Vast quantities of river herring were taken in haul-seines in the spring throughout Tidewater Virginia. A crew dragged the fish ashore to a force of women cutters waiting to prepare them for salting down.

Great living oyster mounds

Great living oyster mounds, built up by nature through the ages, impeded ships in the lower James river. At high tide they were hidden so that unwary pilots struck them; at low they could be picked over by hand. They remained a threat to navigation until they disappeared under three centuries of harvesting.

Original drawing by Esther Derieux

Fishing implements excavated at Jamestown.

Fishing implements excavated at Jamestown. The large fish-hook was for ocean cod fishing or possibly for snagging sturgeon in the river. The spear, attached to a wooden handle, was for stalking big fish in shallow water, or for capturing those that could be attracted to a light in a boat at night. The lead weights were suitable for (right) a handline, (left) a net.

National Park Service

Early salt-evaporating house

Early salt-evaporating houses were located close by the sea, from which the water was channeled in by slow stages to take advantage of natural evaporation before wood fires finished the job. When the crystals formed they were shoveled into conical baskets and drained.

An 18th century plan of a solar-evaporating works.

Courtesy Mariners Museum

An 18th century plan of a solar-evaporating works. Sea water is channeled into the primary reservoir (DD), from which it is conducted to (FFF) and (KKK) by progressive stages to the final basins where it crystallizes.

The kernel of the situation was reflected by the Dutch traveler, David De Vries, who made voyages to America from 1632 to 1644:

In going down to Jamestown on board of a sloop, a sturgeon sprang out of the river, into the sloop. We killed it, and it was eight feet long. This river is full of sturgeon, as also are the two rivers of New Netherland. When the English first began to plant their Colony here, there came an English ship from England for the purpose of fishing for sturgeon; but they found that this fishery would not answer, because it is so hot in summer, which is the best time for fishing, that the salt or pickle would not keep them as in Muscovy whence the English obtain many sturgeon and where the climate is colder than in the Virginias.

The effects of the Virginians' favoring tobacco-growing above fishing were also noted by De Vries on a visit to Canada:

Besides my vessel [at Newfoundland] there was a small boat of fifty or sixty lasts [110 tons], with six guns, which had come out of the Virginias with tobacco, in order to exchange the tobacco for fish.

A rather aggrieved reaction to the tales of abundant natural resources in Virginia is contained in this letter from one Tho. Niccolls to Sir Jo. Worstenholme in London in 1623:

If the Company would allow to each man a pound of butter and a portion of cheese weekly, they would find more comfort therein then by all the deer, fish, and fowl [that] is so talked of in England, of which, I can assure you, your poor servants have not had so much as the scent since their coming into the country.

To prevent profiteering in Canadian fish the Virginia authorities had set the selling prices:

January 3, 1625-6: Proclamation by the Governor and Council of Virginia renewing a former proclamation of August 31, 1623, restraining the excessive rates of commodities—commanding that no person in Virginia, either adventurer or planter, shall vend, utter, barter, or sell any of the commodities following above the prices hereafter mentioned, viz: New Foundland fish, the hundred ... 10 pounds of tobacco; Canada dry fish, the hundred ... 24 pounds of tobacco; Canada wet fish, the hundred.... 30 pounds of tobacco.

In one proposed deal of fish for tobacco the owner of the fish got scared off, as recorded in the Minutes of the Council and General Court, 1622-29:

Luke Edan, sworn and examined, says that there were sixteen thousand fish offered him by one Corbin at Canada which afterward the said Corbin refused to sell him for it was told him his tobacco was not good, and as the examiner heard, it was Henry Hewat that told him so.

A case of special concession for the sale of fish was shown in a ruling of the Virginia Council in 1626:

It is ordered that whereas Mr. Weston came up to James City, he shall sell 3,000 of his fish there, which he has promised to sell at reasonable rates. Therefore, in regard the proclamations are not published for the choosing of merchants and factors, it is permitted that such as are desirous to buy any of the said fish he may have leave to deal with Mr. Weston, notwithstanding orders to the contrary.

Another dissuading factor in the unsubstantial fishing in Virginia was the threat of Indian attack. The Assembly in 1626 ruled:

It is ordered, according to the act of the late General Assembly, that no man go or send abroad either upon fowling, fishing, or otherwise whatsoever without a sufficient plenty of men, well armed and provided of munition, upon penalty of undergoing severe censure of punishment by the Governor and Council.

It was characteristic of Virginia's fisheries that the pessimists occupied the stage for a while, then the optimists. An example of the whipping-up of enthusiasm is this discourse of Edward Williams writing on Virginia at mid-century. China was a fabulous country, therefore he compared Virginia with it. Ideas ran riot as he contemplated the resources crying to be developed:

... What multitudes of fish to satisfy the most voluptuous of wishes, can China glory in which Virginia may not in justice boast of?... Let her publish a precedent so worthy of admiration (and which will not admit belief in those bosoms where the eye cannot be witness of the action) of five thousand fish taken at one draught near Cape Charles, at the entry into Chesapeake bay, and which swells the wonder greater, not one fish under the measure of two feet in length. What fleets come yearly upon the coasts of Newfoundland and New England for fish, with an incredible return? Yet it is a most assured truth that if they would make experiment upon the south of Cape Cod, and from thence to the coast of this happy country, they would find fish of greater delicacy, and as full handed plenty, which though foreigners know not, yet if our own planters would make use of it, would yield them a revenue which cannot admit of any diminution while there are ebbs and floods, rivers feed and receive the ocean, or nature fails in (the elemental original of all things) waters.There wants nothing but industrious spirits and encouragement to make a rich staple of this commodity; and would the Virginians but make salt pits, in which they have a greater convenience of tides (that part of the universe by reason of a full influence of the moon upon the almost limitless Atlantic causing the most spacious fluxes and refluxes, that any shore of the other divisions in the world is sensible of) to leave their pits full of salt-water, and more friendly and warm sunbeams to concoct it into salt, than Rochel, or any parts of Europe. Yet notwithstanding these advantages which prefer Virginia before Rochel, the French king raises a large proportion of his revenues out of that staple yearly, with which he supplies a great part of Christendom.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.

There wants nothing but industrious spirits and encouragement to make a rich staple of this commodity; and would the Virginians but make salt pits, in which they have a greater convenience of tides (that part of the universe by reason of a full influence of the moon upon the almost limitless Atlantic causing the most spacious fluxes and refluxes, that any shore of the other divisions in the world is sensible of) to leave their pits full of salt-water, and more friendly and warm sunbeams to concoct it into salt, than Rochel, or any parts of Europe. Yet notwithstanding these advantages which prefer Virginia before Rochel, the French king raises a large proportion of his revenues out of that staple yearly, with which he supplies a great part of Christendom.

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 anonymousA 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'sStatutes:

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 ofAn 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.

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.

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'sStatutes, 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 butno 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.

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:

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