Tobacco in Colonial Virginia / "The Sovereign Remedy"

by G. Melvin Herndon

The inspection law was allowed to expire in October, 1775, but it was revived the following October. During this period the payment of debts in tobacco was made on the plantation of the debtor, and if the creditor refused to accept the tobacco as sound and marketable, the dispute was referred to two competent neighbors, one chosen by each of the disputants.

Prior to 1776 tobacco that was damaged while stored in the public warehouses was paid for by the colony, but provisions were made in 1776 that such a loss was to be borne by the owner of the tobacco. In 1778 this was amended to the effect that losses by fire while stored in the warehouses would be paid for by the state. Four years later, owing to the great losses that had been sustained by the owners of the tobacco, the inspectors were held liable for all tobacco destroyed or damaged, except by fire, flood, or the enemy. The state continued to guarantee the tobacco against the fire hazard until well into the nineteenth century.

The law requiring "refused" tobacco to be burned in the warehouse kiln was repealed in 1805, and such tobacco could then be shipped anywhere within the state of Virginia. Stemmers or manufacturers were required to send a certificate of receipt of such refused tobacco purchased to the auditor of public accounts in Richmond. These receipts were then checked against the warehouse records of the amount of refused tobacco sold. Finally, in 1826, the General Assembly legalized the exportation of refused tobacco, provided the word "refused" was stamped on both ends and two sides of the hogsheads in letters at least three inches in length.

In 1730 three inspectors were appointed for each inspection by the governor, with the advice and consent of the Council. This did not always mean that there were three inspectors at each warehouse at all times. Warehouses built on opposite banks of a creek or river were frequently placed under the same inspection; that is, the three inspectors divided their time at the two warehouses. In areas where the production of tobacco declined from time to time, two warehouses were frequently placed under the jurisdiction of one set of inspectors. And if the quantity of tobacco produced in that particular area necessitated separate inspections, the change was then made. The inspection system was very flexible in this respect. The inspectors were required to be on duty from October 1 to August 10 yearly, except Sundays and holidays. By 1732 it was discovered that it was unnecessary to have three inspectors on duty at all times. Consequently, the number of regular inspectors was reduced to two, but a third was appointed to be called upon when there was a dispute between the two regular inspectors as to the quality of tobacco.

As the governor was able to choose the inspectors and place them at any warehouse within the colony, the local county people began to complain and demand that they be given more authority in this governmental function. This procedure tended to provide the governor with the opportunity to provide his friends with jobs regardless of their qualifications. In 1738 the General Assembly enacted legislation providing that the inspectors were to be appointed by the governor from a slate of four candidates nominated by the local county courts. Where two warehouses under one inspection were in different counties, two candidates were to be nominated by each county. This procedure remained unchanged until the middle of the nineteenth century.

The salaries of the inspectors were regulated by the General Assembly, though the colony did not guarantee the sums after 1755. For the first few years each inspector received £60 annually, and if the fees collected were insufficient to pay their salary, the deficient amount was made up out of public funds. After 1732 it was found that this amount was too high and unequally allocated with respect to the amount of individual services performed, as some warehouses received more tobacco than others. So for the next few years salaries were determined on the basis of the amount of tobacco inspected and ranged from £30 to £50 annually. From 1755 to 1758 the inspectors received the amount set by the legislature only if enough fees were collected by the inspectors at their respective warehouses. During the next seven years the inspectors received three shillings per hogshead, plus six pence for nails used in recoopering the tobacco, instead of a stated salary. Out of this the inspectors had to pay the proprietors of the warehouse eight pence rent per hogshead. In 1765 the inspectors were again placed on a flat salary basis, and for the next fifteen years their salaries ranged from £25 to £70. After 1780 their annual salaries ranged from about $100 at the smallest warehouses to about $330 at the largest.

Warehouses 1730-1800

In most instances the warehouses were private property, but they were always subject to the control of the legislature. Regulations regarding the location, erection, maintenance and operation as official places of inspection were set forth by special legislation. Owners of the land sites selected were ordered to build the warehouses and rent them to the inspectors. If the land owner refused to build, then the court could order the warehouse built at public expense. Just how many warehouses were built at public expense is difficult to determine, probably only a few, if any, were built in this manner.

The rent which the proprietor received usually depended upon the number of hogsheads inspected at his warehouse, though the rates were regulated by the General Assembly. In 1712 the proprietors received twelve pence for the first day or the first three months and six pence every month thereafter per hogshead. In 1755 the owners received eight pence per hogshead. During the Revolution the rate was raised to four shillings, but was lowered to one shilling six pence after the cessation of hostilities. At the beginning of the nineteenth century rent per hogshead, including a year's storage, was twenty-five cents.

To keep pace with the movement of the tobacco industry, new warehouses were built and others discontinued from time to time. And by observing the warehouse movement it is possible to grasp a general picture of the decline of the tobacco industry in Tidewater Virginia. The expansion of the industry into Piedmont is more difficult to follow during this period owing to the fact that inspection houses were not permitted above the Falls until after the Revolution.