tured and punished, and the use of all our valuable possessions on the water, and in the water, should be as efficiently guarded as the property on the land, or the land itself. Many laws have been enacted looking in a measure to this, but they have been inefficient, and the pillaging is still going on. The good people are still dissatisfied with the inefficiency of the law and are demanding protection. Let me give you some of the facts, so that you may see how inadequate the law has been. We will look to the results in figures. This is the way the account stands on our books, showing the amount received from the tax, and the amount disbursed for protection:

10

These official tables show the acknowledged right of Virginia in this property; the need of protection and the inefficiency of the law, and the consequent demand for amendment; and what the people should expect of the present legislature. I have not space to enlarge on these facts as I should like.

the

OUR WORK SINCE THE LAST LEGISLATURE.

The last legislature passed a law on the subject which was imperfect in many respects, but was an improvement on the old law. I hope it will receive a thorough examination, and that such amendments will be made as are demanded by the present necessities.

As soon as possible after adjournment, the board of the Chesapeake repaired to Washington and had a conference with Colonel McDonald, the United States fish commissioner, and Professor Mendenhal, of the coast survey. These gentlemen showed great interest in the work the State was doing, and did all they could to forward her interests. The thanks of the general assembly are due to these prominent officials of the Federal Government

for services rendered to the State. Colonel McDonald kindly gave us the use of a steamer, with its officers, which was indispensable to the work which the State required to be done. Professor Mendenhal, of the coast survey, allowed us to select from the able and accomplished men of his department Professor Baylor, from Virginia, who was at that time about completing some work in Mobile bay, and we were compelled to delay our survey for a short time to secure his services. It was impossible to complete the work last summer and fall. The winter and early spring was consumed in making the maps and charts required for a perfect understanding of this important work. For the facts connected with it I will be compelled to refer you to the reports of the officers in charge. These gentlemen all deserve the thanks of the general assembly for the efficient services they have rendered in preparing the useful maps and surveys of all the oyster lands belonging to Virginia, and thus furnishing an intelligent basis for any disposition we propose to make of those lands, and enabling us with accuracy to delineate the surveys of each holder of oyster lands, as they are marked out by the proper authorities.

DEFECT IN THE LAW.

It would encumber this message too much for me to discuss minutely the legislation we now have on this subject, and I must be content to make a brief allusion to the same, and its most important defects. So much of the law as creates the board of the Chesapeake, with its powers, should be repealed. This board is composed of the governor, the first auditor and the treasurer. These gentlemen have as much as they can do, and my experience satisfies me that they have not sufficient time to devote to such duties as are required of this commission without seriously neglecting duties more properly belonging to their offices.

(1) This board should be dissolved and its duties assigned to another officer, who should be selected by the legislature, of whom I shall speak more particularly hereafter.

(2) The vessels now used as a force to guard and protect our oyster interests should be disposed of as unfit for that purpose. Others better suited should be selected, and they should be controlled in a different manner.

(3) Section 2134 of the Code of Virginia, in relation to inspectors and their duty, should be amended so as to embrace rents, thus giving a quick remedy, and not requiring the inspectors to get a distress warrant in every case. It is slow, inconvenient and costly. If the present law is retained this section should be amended as suggested.

(4) The inspectors should not be appointed by the judges of the county courts. They have no special interest in this work, and are in no way responsible for the efficiency of the law or its execution. It imposes upon them a duty which does not properly belong to their offices, and the inefficiency of the manner in which it is executed will be apparent upon an investigation.

(5) The great inducement offered to the citizens of Virginia to rent the oyster lands and to engage in oyster culture, satisfies me that there are not now sufficient resources among the people to cultivate it all. There is also such a draft on the treasury that they should be rented out to raise revenue. It will be better also for the planters, because as much of the ground should be occupied as possible to prevent the unoccupied acres from being a place of rendezvous for lawless trespassers; and the oysters on such places will be an inducement for them to gather there, and to go forth at unexpected times to prey upon the property of the citizens. I would therefore advise that the commissioner, after a reasonable time, be authorized to rent to persons who are not citizens, such parts as have not been taken up, but he should in no case give to such non-residents a lower price than that offered

to a citizen of the State.

counts.

ASSESSORS AND COLLECTORS.

There should be appointed by the shell fish commissioner, with proper bonds, oaths and checks, a sufficient number of assessors and collectors, so as to insure the faithful enrollment of all the oyster lands, with the names of the occupants and the number and kind of vessels engaged in oystering and fishing, and the collection and accounting for all the revenue and rents received by them; they should make their reports in triplicate, one copy to be deposited with the fish commissioner, one with the clerk of the county, and one with the auditor of public acIt is asserted that a large amount of rent and revenue which could, with a little care be collected, is never realized, because of the inefficiency and indifference of the proper officers, and some, which is collected, is never accounted for. There is no way to ascertain the facts because of the imperfection in the present law. This should be remedied. The law should be so amended as to make it conform as nearly as possible to the law now in force for the assessing and collecting of the other revenues of the State. The captains of the vessels would be the proper persons to collect this revenue, and the assessors should be appointed by the shell fish commissioner.

SHELL FISH COMMISSIONER.

After examining this question I am satisfied that this subject should be taken from the board of the Chesapeake, and from the county court, and it should become by law a separate and distinct department of the government. There should be placed at its head an efficient man who has the energy and ability to make himself acquainted with this great interest, with the courage to enforce it strictly. He should be so well paid as to demand the services of an officer of ability to organize and manage the whole fish and oyster interest of the State. He should be elected by the legislature for a term of four years, thus giving him an opportunity to show his ability; and he should be removed by the governor for malfeasance or misfeasance, or inefficiency in his office. He should be allowed a sufficient number of assistants or deputies to enable him to enforce the law, to rent out the grounds, to collect rents, or whatever else may be due to the State for any privilege which may be granted touching this question. He should be required to register the vessels engaged in catching fish, oysters, crabs and clams, and all other things which live in the waters of Virginia, and are the subjects of legislation. There should be put at his command three or more steam launches, well armed, for the purpose of protecting our property, our people, and our waters from all intruders, and for enforcing the laws of the State. After a trial for years our police boats have shown their inefficiency, and they should be sold and the money used to procure suitable vessels for the purpose aforesaid. Such vessels can be purchased at $5,000 each, and they will be sufficient to do the work we desire. Our present facilities are not suitable; two are sail vessels, they are slow and unwieldy, and are dependent upon the wind and tides. Our steamboat is too heavy, the draft is too great, and it is unsuitable for the work required. It should be sold also, and the vessels suggested should be procured in their places. Then we should require that every legal right of the oystermen be protected, and the rights of the State, and the commissioner should be compelled to see that the law is executed.

THE INTERIOR STREAMS.

The fish and oyster interest of Tidewater is not alone interested in this important undertaking. The commissioner should see that the interior streams and ponds are kept stocked with suitable fish, and all obstacles in the way of the running fish should be removed. The poisoning of the water should be prohibited, and the violators of the law be punished. The pollution of the

streams should be prevented as far as possible, and the law on the subject of the fish should be placed under his special superintendence, he, of course, to be controlled by the laws of the Commonwealth. He should be required to make a written report to the governor of the State on the first day of each October, upon the varying interests which pertain to the duties of his office. The whole working of the law should be discussed, and such defects as exist should be pointed out, and the remedy suggested.

An accurate account should be kept, and the whole of the Virginia fish and oyster interest should be watched, guarded, and taken care of by him. To better enable him to do this, he should be required to establish his office in Norfolk, or at some convenient point on the sea coast. A bond with proper security should. be taken from him, similar to those exacted from the other officers of the State, and he should be allowed to appoint his own assistants or deputies, who should be responsible to him for the manner in which they perform their duties, and he should be responsible for them to the State. The rent money and all other moneys belonging to the State should be promptly collected by him and paid over to the auditor as quickly as possible, and he should be required to settle with the auditor just as the treasurers of the counties are required to do.

WHAT REVENUE MAY BE EXPECTED FROM THIS SOURCE.

The survey of the oyster grounds of the Chesapeake and its tributaries has been recently completed. This important work has been done with but little cost to the State. It should have been done years ago. It shows the greatness of our undeveloped resources, and must strengthen our credit and increase the value of our bonds. We have 150,000 acres of natural bed or rocks, which are of inestimable value. They should be held for the benefit of the people of Virginia, and no dredge or scrape should be allowed on them. We have 650,000 acres, including Chesapeake bay proper, suitable for planting, which can be rented by the citizens of the State at one dollar per acre. This estimate does not embrace the oyster grounds on the ocean side of the counties of Accomac and Northampton, which are large in acreage and very valuable. The marsh lands have not been considered. These, in due time, will be made as valuable as the grounds now used for planting. Experts say they will be more certain to produce uniform crops under improved cultivation. I think it would be safe to estimate the number of acres suitable for oyster cultivation at about one million. Rent these at a dollar per acre, and what a royal revenue it will bring to the State. It may be said you cannot find renters. Then repeal the law which re