Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-10-05
.TW ELY il PAGES
THURSDAY. OCTOBER 5. 1889.
ABRIDGEMENT OF RIGHTS.

When our forefathers came to the
i new country which they called Vir-
Z ginia, they brought with them all the
rights of English freedmen. not the
least Of which was the right to take
S fish In the public waters. The title was
in the sovereign who was trustee for
the people, but in the people them
selves was the right TO catch both float
Ing and shen-fish. After the revolution
the Commonwealth succeeded to the
rights OF the sovereign, but gradually
\ the rights of the people in the public
waters became abridged. and now the
g1ast vestige Of these ancient rights,
which date from the earliest days of
& English law, Is sought to be wrested
from them BY repeal of section two (2),
/. article ten (1o). of the Constitution of
8 Virginia. which is as follows:
mo tax shall be imposed on any OF
the citizens of this State for the priv-
lege OF taking or catching oysters from
5 their natural beds With tongs, in the
s waters thereof; but the amount of
sales OF oysters SO taken by any citizen,
in any one year, may be taxed nj rate
rot exceeding the rate of taxation i'm
= posed upon any other species OF proper
4 fy.'.9
In England the rights of the people
extended to high-water mark, here the
1. beach was early taken from the people
and given to the abutting land Owner
s called Gale The Riparian Proprietor"
& Later Later this same Riparian Proprietor
& was given piece of tho public lands
u beyond low water mark for his cxclu
i: sive use and occupancy. Later still the
& citizens had license tax levied on
him for the privilege OF catching oysters
i from the bottom Of the bays. rivers
! and creeks, which right belonged 10 him
& an common with all yi,c people Of this
\ sta &c. This law at the time of lis mas.
u sage was known to be- Unconstitutional
~ ind 10 drive the oystcrman into n,vinc
IFS he was required to make re,nrn
4 ! of the amount Of oysters sold each
4 week, unless hc exercised the PRIV.
Is LElGG of r:flr:, t.,a license tax IN al
vance w All,o'hcr assessments ara no6o
& annually on personal property, hut 10
deprive lie FISHERMAN OF his cons,itu-
2ktitnlnatl RICH ard oumrcl him TO pay the
unlawful AK, hc 80 subjected to tha
{. extraordinary hard. si.ip Of having to 20.
Il port each week to the oyster inspector
ssOf course this law had tht. effect de-
y sired, and to avoid great ANNOYANCE
Y - Gus, o'ulisaands of oystcrnen paid the I'M.
tax. Now 1t is proposed
ITO talie from them The right altoge,hcr
ssor to vest in the Legislature the rjrh,
NtoSdo SO.
sg s rain and wind the oystcrman Zoos
i out upon the water and by his enerr,
ana Ga rihs', creates species of prom.
) lelrty. Tie oysters, fathoms deep below
1.-The turbulent water, are taken anf
contribute no Small part toward IN,
{ revenue Al. OF this state, and especiall,
81 toward the prosperity of Norfolk an,
s PORTSMOUTH,.
ssF should there be no immediate sal,
54oTthe oysters SO caught, they may h,
Ie I'd down on the barren ground close +,
\ shore and then are taxed like othe
property, except that the occupant
must pay e. 70 the; State in addition, on
dollar per annum.as rent for each acr
I 81 said barren A. e ground so used.
.ss ! 81 the policy CT nations to foste
IS nd ien courage eaca business which ere
gates "a sub ject ,fc:S spSation.s and - IN
& courage BY kind sWs. those who re-
cover, from the 6 places OF natur.
TIN which WoiilG & otherwise lost q
srsll,ati forever rnpro}tah e E but GU,
Ply has reversed this healthfpl prin.
saipis I'M l dealing with her oyster indus.