VIRGINIA
In Virginia, as early as 1652, one George Fletcher had obtained the exclusive right to “brew in wooden vessels, which none had experience in but himself;” but his product evidently found little favor, for we read no more of him or his wooden vessels.
From the instructions given to the governors of Virginia by the London Company and from other equally direct evidences, it is to be inferred that the repression of excesses in drinking, and the creation of agricultural conditions favoring the home-production of wine and beer were the two principal objects of the government’s care. The latter project, for reasons already indicated, failed of realization.
The common beverages then used by the people were imported wines, strong beer and ardent spirits, and domestic beer, of which latter an inconsiderable quantity was brewed in the households of the colonists. The former drinks were retailed not only by keepers of ordinaries (taverns), but also by victuallers and merchants. Debts for wine and ardent liquors were excluded from the obligations pleadable in court. No mention is made of beer in this connection, and from the exception thus made it is fair to conclude that a discrimination in favor of malt liquors was intended. Without further corroboration this inference might be exposed to the reproach of being far-fetched; but, fortunately, such corroboration is not wanting. It is contained in an act, passed in 1644, which provides, among other things, “that no ordinary keeper or victualler be permitted at all to sell or utter any wine or strong liquor BUT STRONG BEER ONLY. And that, according to order of the first of August, 1643, no debts made for wines and strong waters, shall be pleadable or recoverable in any court of justice in this Colony.”
A double discrimination is here made in favor of malt liquors, viz., one in explicit terms, permitting the sale of strong beer only, and an implied one in the clause which excludes debts for wines and strong waters (not for beer) from the list of obligations legally pleadable. The fact is that beer was considered an indispensable part of every regular meal.
Among the “staple commodities” sought to be encouraged by law, in 1658, we find hops and wine; the premium on the latter being ten thousands pounds of tobacco for “two tunne of wine” raised in any colonial vineyard.
The importation of English malt and malt liquors increased rapidly, because domestic brewing and malting remained in an unsatisfactory condition. Roger Beverly gives the following interesting description of the manufacture and use of drinks at about this time:
“The richer sort generally brew their small beer with malt, which they have from England, though they have as good barley of their own as any in the world; but for want of the convenience of malt-houses, the inhabitants take no care to sow it. The poorer sort brew their beer with molasses and bran; with Indian corn malted by drying in a stove; with persimmons dried in cakes, and baked; with potatoes; with the green stalks of Indian corn cut small and bruised; with pompions; and with the batates canadenses, or jerusalem artichoke, which some people plant purposely for that use, but this is the least esteem’d of all the sorts before mentioned.
“Their strong drink is Madeira wine, which is a noble strong wine; and punch, made either of rum from the Caribbee Island, or brandy distilled from their apples, and peaches; besides French brandy, wine and strong beer, which they have continually from England.”
In 1748, the Sabbath question first entered into legislation on the liquor traffic. No mention is made of the subject in any of the preceding acts, not even in those passed during the Cromwellian reign, when the Puritan idea, that the State should by legislative enactment enforce complete inactivity and abandonment to spiritual contemplation on Sunday, had gained popular favor. The act passed in that year contained the following clauses referring to the Sabbath: