Peninsula Enterprise, August 10, 1889

To the Public.

Sea -- Shellfish - Oystering : BaysideSea -- Shellfish - Oystering : LegislationSea -- Shellfish - Oystering : Planting

At the request of my friends, I desire to make to the public the following explanation of my connection with what is known, as the Hog Island Bill, passed by the last legislature. On the 18th day of January, 1888, I came out of the courts' committee room into the Senate chamber about 11 o'clock, a. m., and saw Mr. McDonald, the senator from Northumberland, in conversation with a gentleman whose face appeared familiar to me, but whom at the time I did not know. In a few minutes they separated, and I asked Mr. McDonald the gentleman's name. He replied that his name was Lewis, that he was originally from my county, but was then living in his; and asked if I wanted to be introduced, I replied I did, and was taken over to him and introduced by Mr. McDonald. After a few moments of general conversation, in which no reference was made to any bill that would come before the legislature, we separated, the Senate was called to order and I went to my seat. While in my seat during the session of the Senate, Mr. McDonald came to me with a bill and stated that he wanted me to offer it, stating further that it was a local bill of interest to his county, and that he being a Republican, and in the minority he feared he could not have it passed, but that if I would offer it I had influence enough to insure its passage. I asked to look at the bill, which he handed me, and which was the exact bill passed, it never having been amended or changed in any form. The bill, as the Acts show, describes the land which is made oyster planting ground as lying in and adjacent to Northumberland county. It authorizes the taking up of this ground by any person upon application to an inspector, provides what shall be done in case any of it was then occupied by oyster planters, and describes the land embraced by land maps and buoys. The explanation he gave was to this effect, that, this land was intended for oyster planting purposes, and no intimation was made to me nor did I suspect that a natural oyster grew in its limits. The boundaries conveyed to me no information as to the size of the land embraced in the limits set forth. I knew Mr. Lewis proposed to take up part or all of it for Mr. McDonald told me so in this conversation. He said his people wished it and that it was local; the Potomac river was not mentioned in the bill, and I did not know the land lay in that river for I surely knew it required the concurrent legislation of both the States of Maryland and Virginia to make laws to govern the waters of the Potomac. -- Thinking I was accommodating a senator and at the same time an old Accomack citizen, in a matter in which the people of this Shore had no interest, I offered the bill. The bill was not hurried through the legislature, but was regularly referred to the Committee on Fish and Game. On the 19th of January, 1888, Senator Stubbs, chairman of that committee, reported it favorably to the Senate. On the 20th of January, 1888, the bill was taken up, read a second time and ordered to its engrossment, without a division, no one opposing it. On the 23rd of January it was called up, and passed by on motion of Senator Lovenstein. On January 30th, it was taken up, read a third time and passed without division, there being no opposition. These facts the journal of the Senate will show. The bill then went to the House. It was communicated thereon the 31st of January, and on the same day was regularly referred to the Committee on the Chesapeake and its Tributaries. On the 7th of February it was reported, favorably from that committee. On the 8th of February it passed the House without opposition, no one opposing it. On the 9th of February, it was communicated to the Senate and then went to the Governor for his signature, which it received. While it was in the House Committee, Mr. Lewis came to Richmond and asked me to see the chairman of the committee and get him to have some action taken upon the bill. This I did. On the 5th of March, the last day of the session of the legislature, Mr. McDonald came to me, stating there would be trouble over this bill he feared. I asked how -- he said Lewis had gone before the inspector and taken up all the land, and that other oystermen were mad because they got none of it. He said he thought it might go into the courts, and that Lewis had written him to see me and employ me as attorney in the cases if they did go to court, writing that I had represented his father in the courts of this county. I replied I would not be retained as attorney in the case, as it might look like taking fees for matters which it was my duty as a Senator to attend to, but if the only objection to his holding the land was he got to the inspector first, I thought he would have no trouble. He replied that Lewis only wanted me if he had to go to law about the matter; but I refused to be employed under any circumstances. Up to this time I had never heard a word of objection to the bill from this county or elsewhere -- a space of time from 13th of January to 5th of March. Later in the day Capt. Chalmers of Northumberland, came to me and told me the passage of this bill was a mistake, that the Hog Island flats were dredging grounds in the Potomac river, very valuable and natural oyster rocks. I told him it was the first time I had had any idea such was the case; that had I known it I not only would not have assisted the passage of the bill but would have opposed it, and defeated it, if possible. I immediately drew a bill to repeal it, but it was utterly impossible in the hurry of the last few hours to effect it. I even asked the senator on the floor to yield to me to offer the bill but was refused. Capt. Chalmers told me he saw it could not be repealed in the few hours remaining, and expressed his regret that I had not been informed sooner of the facts. The bill to repeal it he has now in my handwriting. I never heard a word in opposition from Accomack till I got home. In the summer of '88 I was a member of the special committee to investigate the oyster culture; I took the committee up to Hog Island, showed them the beach and tried to prove that it was out [illegible] headlands on the Virginia side. [Illegible] require concurrent legislation [illegible] valid. I even got Mr. Lewis to talk before the committee, and under my examination he stated that it had been dredged on the preceding season by citizens of both States. I argued before the committee that the legislation was not binding, that Lewis got no title and asked the committee so to report. The report has not been made up and will not be till about the time of the meeting of the next general assembly. I am confident the committee will so report. If it does not I will bring in a minority report to that effect. That it was a mistake to pass the bill, I see and admit as readily as anyone. But I thought it was simply a local bill, not effecting the people of any county but Northumberland, and the Senator from that county said they desired it. I thought I was doing a kindness to an Accomack man at the same time. As soon as I found I was in error, and I had no inkling of it till the last day of the session of the legislature, I did all any man could to undo it. I have continued to do it since; and if I go back to the Senate the first bill I will offer will be a bill repealing it, and if I have the influence I will effect its repeal. I make this lengthy statement at the requests of friends who advise me that this matter is being misunderstood and misrepresented. -- Since I am a candidate for re-election, my opponents, I am informed, have circulated statements relative to this matter, detrimental to my candidacy and my reputation. The statement I have made contains all the facts involved. I made a mistake, but an honest mistake, the effect of which I have tried, am still trying, and if sent back to the Senate, will still continue to try to overcome.

Respectfully,

J. W. G. BLACKSTONE.