Year: 1860

of valuable time in the further discussion Of this
bill But, sir representing, as | do upon this floor,
very large constituency, whose interests will be most
materially aud vitality s,ced by the passage of this b


must Lcg the Indulgence Of the Senate while present
TO their consideration few facts aud arguments in Oppo
Sition to this feel that may well ask this
indulgence at the hands OF the Senate because the
Youngest aud hunbest member Of this body, have
before thrust ms self upon its attention.


Sir, If the system OF taxation proposed by this bill
would fall ia equal just and uniform proportions upon
all classes OF society," upon the rich we'll the poor;
Il u we're proposed to tax mere luxury which the rich
alone use and afford to pay for dispense with
It's use should yield to the natural timdity aud di
dence which feel in addressing body like this, and
content myself with silent vote But sir, coming from
the oyster dsrc living and raised among that people;
understanding aud approaching their wants and inter
eSts knowing do that il this bill is passed it must
utterly break up aud annihate trade which gives en-
poyment aye, sir and gives bread to large class OF my
constituents; convinced as am, that the tax proposed
must fall upon the very poorest classes OF sociey-upon
men, who by hard and perilOus toll make but bare
subsistence for themselves and their families aud when
looking the provisions Of this bill discover that it is
proposed to turn loose upon my people horde OF gov
ernment Off als clothed with the most extraordinary
powers and made entirely irresponsible by the very
terms of the bill when see, further the remarkable
anomaly in legislation, Of JH providing for
raising armng and equppng Hrgy and that this navy
armed as We are told by the Senator from Rockbrdge,
with cannon and bail, and Minnie muskets and a State
/ ~,
Senator from Rockbrilge the Admiral of the fleet
TO be aioat in waters, among the people of my
district TO enforce submission to unjust and niquit
Gus law aud when looking to the penal provisions of
this bill find them to be the most unjust, the most
vere-penates unknown and unheird of before in the
history of the criminal legislation ofhe county com
mon assault made felony punishable by confinement
in the peui,enary Tor five years. free white citizen of
this Commonwealth TO be arrested by OF these mise
rob!e Lts government officials upon mere suspicion,
without the forms OF lav-withOut even an affidavit
warrant of Justice of the peace; in a word sir when


see that the provisions of this bill in utter violation
of every principle of civil liberty, should be recreant
all the better impulses OF my nature, and to every du
" which Il representative to his constituency it
did not rise in my place in the Senate aud enter my
humble but protest against the passage Of such
| bill.


! Mr. President permit to call your attention and
the attention OF the Senate 10 the title Of this bo the
NANE with which this pet banIlmg of the Senator from
Rockbrdgc which be has nurturcd tenderly for the
last three wears has been christencd IL is called Bill
to regulate the taking OF Oysters in the waters of this
! Commonwealth, TO raise revenue thereirom and
prevent tie destruction Of Oystersa title well calcua
ted to strike the of the Senate. Why surely il you
can prevent the destruction Of the oyster and at the
same time raise revenue thererom" YOU will
pish that which will give satisfaction to all PARTIES.
Strange sir that such bill Of denominations should have
such title; but shall strip OIL the mask und expose its
euOrmities TO the gaze of the General Assembly. But,
before proceed To this task permit to enquire of
Senator'S II il does strike them very singular
passing strange that if any legislation necessary to
prevent the destruction OF oysters, TO prevent the
destruction OF that which gives life and daily subsistence
TO large portion of the people OF the oyster district
| that memorial, no petition Is found coming up
TO the General Assembly asking for legislation upon
this subject that not single member OF the leglsla
ture has been heard, either upon this ioOr or in
the coordinate brauch Of the General Assembly,
demanding legislation for this purpose but the other
hand every member of both Houses found standing
shoulder shoulder in earnest and determined oppOs
ton to this bill. Sir have been gracously-l had
| almost said arroganty-iuiormei by the Senator from
ROckbTidge that the represent ttiyes from TdcWatr
had failed and refused to provide necessary legislation
for their constituents this sui IeCt and that he had
generously come forward To leg,ate for suffering
constituency. We thank the Senator sir for hi gra
cous interference. No doubt 10 will be "A OF SELF
graduation among th, neglected people, that while their
own chosen representatives have been so uumndlu O
their true interests they have secured the voluntary
vices OF the dsng gu,hed member from liockbrdge. But


apprrhcnd sir that when they come TO understand the
provisions of thi, bi they will deyouily thank cod
Is the first time that lac has attempted to lcgise for
ihcn aud lerycnty pray IL may Ice the fasL Sir 1t
would seem that have been STRANGELY oblyious TO the
wants aud interests OF our people that We have utterly
failed to provide necessary legislation for a suffering
constituency. be pctn,itlri to say that II Tide
| Wafer has no distinguished names upon the roll OF it,
members orthe General Assembly it has at least RI
Specialize representation, Who here protect t,
Interests with hlcity il not with distinguished ablli-
| ty But submit to the Senate that Tile-Water, If
not now has in times past furnished its full quota ol able
tul disiinsuicd men Il has had it, Up-hurs aud its
laz-vels aud It's Tycrs aud s Tayors, and its Wyhcs
and It's Dews-neu whose great names have Illustrated
| the history OF NugnIt-m,n who at the bar, on the
bench ia State and Federal councils in the halls OF learn
ing in foreign courts in the Cabinet aud IN the Prcsi-
deucy have acquired tor themselves hOnOrcd names and
contributed the fame and glory Of this reuowned old
Commonwealth But, it seems that they too were a,o-
geher uumiud of the interests OF their people, aud
IL is reserved for the distinguished Senator from Rock
brige to make the discovery that this neglected region
is suffering for want OF ueediu Legislation Again sir
in the name Of that people, thank the Senator for his
ocious interference, and beg to him. that when


shall have exposed the cnOrmes and denominations OF
this bill an Indignant people will duly appreciate hs gra-
tuitOus services.


Mr. President will now proceed 10 point out my OBJ
jections to the bill. And first will say it naugurates


new legislative policy IL is true sir that, in certain
sense the legal title to the oyster beds in the waters Of
the Commonwealth, is in the State. The State holds
them simply as trustee for the benefit Of the people Of
the State She has asserted her right Of property
in them except simply for protection aud preservation
and for the purpose OF enSurlng the free and full ENJOY
ment of the common right of fishing in her to all
the people of the Commonwealth. In a very early pc
riod of her hi,torv-by her first Constitution, by laws
passed in 7SO in 1902 in 1919 recuaced aud codfed
in our Code Of lSi9-Nrgina, Of her sovereign
will dedicated her claim to the seas rivers and creeks
her limits, the common OF All people OF
the State beg leave to call the attention of the SEN
ate particularly to the act of 1850. Previous TO that
time under charters for unapproprated lands, grants
had been issued from the Land Office for beds Of certain
creeks and rivers This recited this fact and gives
As reason for the passage of the act that by these
grants the rights Of the poor the free and common
use of these will be infringed just the rights of
the poor will be- as shall show, niringed by this bill


beg leave sir, to read this act it is in these words


"Whereas certain unappropriated lands on the bay,
fIa Hfa nj hfa Nfnrt.
monweath, have been heretofore reserved as common
to all the citizens thereof and whereas by the act OF
the General Assembly entitled Act for establishing


land Office and ascertaning the terms aud manner OF
granting waste and inappropriate lands no reservation
thereof made, but the subject TO be
tered for and appropriated by any person persons
wher, by the benefits formerly derived to the public
hererom will be monOpOlizcd by few individuals and
the poor laid under contribution for exercising the
customed privilege of fishing Be it, there ore enace ed
by the General Assembly, That all unappropated lands
on the bay OF Chesapeake, the shore the
shores Of any river creek in the Eastern part of the
Commonwealth which have remained ungranted by the
former Government aud which have been used COM
mon to all the good people thereof, shall be, aud the
same are hereby excepted of the said reced act aud
no grant issued 10y the Register OF the Land Office for
the same either in consequence of any survey already
made or which may hereafter be made, shall be valid OF
eecual in law pass any estate or interest therein"


Not only do these acts of Assembly show and declare
what is the nature of the property aud title OF the State
in the land covered by the waters of che Commonwealth
but the question has been settled by the Judicial decis
ions OF the country


Mr. Justice Curtis in delivering the opinion of the Su
preme Court of the United States in the case OF Smith
sS the State OF yhLd reported in Is Howard, says
"Bnt this soil that is all below low water marks held
by the State not only subject 10, but in some sense III
trust for the enjoyment of certain public rights among
which is the common liberty OF taking fish, as well she
fish as floating fish. The State holds the property Of
- a. L.. ~ a.lH H5i