
Merrimack River
1674 -- Description of 17th century Indian Fisheries at the confluence
of Concord and Merrimack Rivers at the "Praying Indian" town of
Wamesit or Pawtucket Falls, from Daniel Gookin (b. 1612):
"Wamesit is the fifth praying town; and this place is situated upon
Merrimak river, being a neck of land, where Concord river falleth into Merrimak
river. It is about twenty miles from Boston, north north west, and within
five miles of Billerica, and as much from Chelmsford: so that it hath Concord
river upon the west north west; and Merrimak river upon the north north
east. It hath about fifteen families; consequently as we compute, about
seventy five souls. The quantity of land belonging to it is about 2,500
acres. The land is fertile, and yieldeth plenty of corn. It is excellently
accommodated as a fishing place; and there is taken variety of fish in their
seasons, as salmon, shads, lamprey eels, sturgeon, bass and divers others.
There is a great confluence of Indians, that usually resort to this place
in the fishing seasons. Of these strange Indians [visitors from other areas]
divers are vicious and wicked men and women; which Satan makes use of to
obstruct the prosperity of religion here. The ruler of this people is Numphow.
He is one blood of their chief sachems. Their teacher is called Samuel;
son to the ruler, a young man of good parts, and can speak, read, and write,
English and Indian competently. He is one of those that was bred up at school,
at the charge of the Corporation for the Indians. These Indians, if they
were diligent and industrious, -- to which they have been frequently excited,
-- might get much by their fish, especially fresh salmon, which are of esteem
and good price in Boston in the season; and the Indians being stored with
hordes of a low price, might furnish the market fully, being at so small
a distance. And divers other sort of fish they might salt or pickle, as
sturgeon and bass; which would be much to their profit. But notwithstanding
some divers arguments used to persuade them, and some orders made to encourage
them, yet their idleness and improvidence doth hitherto prevail.
"At this place, once a year, at the beginning of May, the English magistrate
keeps his court, accompanied with Mr. Eliot, the minister; who at this time
takes his opportunity to preach, not only to the inhabitants, but to as
many of the strange Indians, that can be persuaded to hear him; of which
fort, usually in times of peace, there are considerable numbers at that
season. And this place being an ancient and capital seat of Indians, they
come to fish; and this good man takes this opportunity to spread the net
of the gospel, to fish for their souls."
Source: Gookin, Daniel. 1792. Historical Collections of the Indians in New
England. Belknap and Hall, Apollo Press. Boston, Mass. 2000 Reprint Edition
by Ayer Company Publishers. North Stratford, New Hampshire. p. 46.
Note: Gookin's frustration at the Indians' refusal to take up his offer
of developing a fresh fish business for the Boston market illustrates the
significant differences in the lifestyles and outlooks between the English
and the Massachusetts area Indians. Clearly, the Indians felt no need to
catch and sell salmon and other fish to the Boston market to make money,
because the sheer abundance of the Merrimack's fish runs, in addition to
their other sources of food, relieved them of any need to earn extra cash
by hauling fish twenty miles to Boston. Gookin, completely misunderstanding
this cultural difference, classifies their reluctance as being from "idleness,"
which in his mind was the Devil's plaything.
1734 -- "An Act to Prevent Nusances by Hedges, Wears and Other Incumbrances
Obstructing the Passage of Fish in Merrimack River."
Excerpt:
"Whereas the River Merrimack hath heretofore abounded with plenty of
fish, which hath been of great advantage to the inhabitants of the several
towns near the said river; and notwithstanding the care which hath been
taken in making laws to prevent the setting up of wares, and stopping the
course of the fish, yet those laws have proved ineffectual to deter persons
from setting up wares across the said river for divers years last past,
which have been the occasion of destroying abundance of fish, to the great
hurt and damage of the inhabitants living on and near the said river, and
the fish (especially bass and sturgeon, which are very valuable) by having
their natural course stopped, and being destroyed by the wares, have in
great measure forsaken the river ... "
Passed July 4, 1734
1737 -- "An Act to Prevent Nusances by Hedges, Wears and Other
Incumbrances Obstructing the Passage of Fish in Merrimack River."
Excerpt:
"That if any person or persons whomsoever, from and after the publication
of this act, shall presume to erect, set up, or make on or across the said
River Merrimack, or that shall be aiding or assisting therein, any wares,
hedges, fish-garths, stakes, kiddles or other incumbrance whatsoever, to
the stopping, obstructing or straightning the natural and usual course and
passage of the fish up and down the same river, that shall exceed, be made
or carried into the said river from more than one third part of the breadth
of the river at such place, from either side thereof, or that shall use
and improve any such wares, hedges, fish-garths, stakes, kiddles or other
incumbrances as aforesaid for the taking of fish so obstructed, shall, for
the first offence, forfeit and pay the sum of fifty pounds, and for every
other offence, the sum of one hundred pounds ..."
Passed June 28, 1737
1773 -- "An Act to Prevent the Destruction of Salmon and Other
Fish in Merrimack River, Within this Province."
Excerpt:
"Whereas the salmon and other fish taken in Merrimack River, within
this province, have been of great service to the inhabitants, and still
will be so if due care is taken to prevent the unnecessary destruction thereof;
and whereas, some persons have, of late, enlarged their seines to such an
extraordinary length as have greatly obstructed the passage of said fish,
by using such seines so as to extend quite across said river, which if not
prevented will tend to destroy the valuable the fishery in said river --
Passed, March 6, 1773.
1774 -- "An Act in Addition to, and for Rendering More Effectual,
An Act Passed in the Seventh Year of his Present Majesty's Reign, Intitled,
'An Act in Addition to Several Acts to Prevent the Destruction of Salmon
and Other Fish in Merrimack River, within this Province."
1783 -- "An Act to Regulate the Catching of Salmon, Shad and Alewives,
and to Remove and Prevent Obstructions in Merrimack River, and in the Other
Rivers and Streams Running into the Same, within this Commonwealth, and
for Repealing Several Acts Heretofore Made for that Purpose."
Excerpt:
"Whereas the salmon, shad and alewives, taken in Merrimack River and
streams running into the same, have been of great service to the inhabitants
of this Commonwealth; and as the fish in the said rivers and streams may
hereafter be of great service to the people of this Commonwealth, as well
as to those of New Hampshire, if proper care is taken to prevent the unnecessary
destruction thereof; and whereas by constant fishing with seines, nets and
pots, and erecting weirs and other incumbrances, to prevent the passage
and facilitate the taking of the said fish, they are greatly diminished,
and there is great danger of their being totally destroyed."
Passed October 24, 1783
1785 -- "An Act in Addition to, and for Repealing Certain Parts
of an Act Passed in 1783, Entitled, 'An Act to Regulate the Catching of
Salmon, Shad and Alewives and to Remove and Prevent Obstructions in Merrimack
River, and in the Other Rivers and Streams Running in the Same, Within this
Commonwealth."
Excerpt:
"That if any person or persons shall erect any obstruction or incumbrance
in or across the said Merrimack River, or any of the rivers or streams running
into the same, or continue such as are already erected, so as to prevent
the free passage of said fish up the said rivers and streams, be or they
so offending, shall forfeit and pay a fine of Twenty Pounds, to be recovered
and applied in the same manner as fines for a breach of the act to which
this is in addition are recovered and applied."
Passed June 30, 1785
1789 -- "An Act to Regulate the Catching of Salmon, Shad and Alewives
and to Prevent Obstructions in Merrimack River, & in the Other Rivers
& Streams Running into the same within the Commonwealth, and for Repealing
Several Acts Heretofore Made for that Purpose."
Excerpt:
"That no person or persons whatever, be allowed from & after the
passing of this Act, to catch any Salmon, Shad or Alewives in any part of
Merrimack River or in any river or stream entering into the same, within
this Commonwealth, oftener or more than three days in a week, the days to
be Monday, Tuesday, & Wednesday in each week & from Sunrise on Monday
morning to Sunrise on Thursday morning; and if any person or persons shall
catch any Salmon, Shad or Alewives in Merrimack River, or any river or stream
entering to or running into the same, shall drag any seine or drag-net,
or set any net or pot, or use any other machine for the purpose of catching
any of the said fish in the said rivers and streams, and within this Commonwealth,
at any other time or place than by this Act is allowed, each and every person
so offending shall forfeit and pay for each offence, a fine not less than
thirty shillings nor more than four pounds, at the discretion of the Court
before which trial shall be had, according to the aggravation of the offence;
and the seine, net, pot or other machine, so used shall be forfeited."
Passed March 4, 1790
1793 -- "An Act in Addition to An Act, Intitled, 'An Act to Regulate
the Catching of Salmon, Shad, and Alewives and to Prevent Obstructions in
Merrimack River, and in the other Rivers, and Streams Running into the Same
within this Commonwealth, and for Repealing Several Acts Heretofore Made
for that Purpose."
Passed February 26, 1794.
1795 -- "An Act to Prohibit, during the Months of December, January
and February, the Taking of Salmon in Merrimack River and in the Rivers
Running into the Same."
Passed June 20, 1795
1825 -- News Account from June 11, 1825 edition of the Kennebec Journal,
Augusta, Maine:
"Unusual quantities of shad, it is said, have been taken this season
from the Merrimac River. Indeed, all the rivers running into the Atlantic,
to the west of us, have furnished an abundance of shad and herrings this
season."
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Project home page.
Reference source of all laws: Massachusetts Laws,
Acts and Resolves (various volumes). Available at Maine Legislative Law
Library, State Capitol Building, Augusta, Maine.