Cobbosseecontee Stream
1736 -- Massachusetts Province Laws, Chapter 21.
"An Act to Prevent the Destruction of the Fish Called Alewives"
"Notwithstanding the provision by law already made for removing incumbrances
obstructing the natural or usual course of fish, in their season, in brooks
or rivers, yet no sufficient remedy is provided where such obstruction is
occasioned by dams erected for mills, &c., which is to the grievous
damage of his majesty's good subjects in diverse parts of this province,
more especially where some dams have been made across rivers through which
alewives or other fish have been wont to pass, in great plenty, into ponds,
there to cast their spawns; wherefore, to prevent the like inconvenience
and damage for the future --
Be it enacted by His Excellency the Governour, Council and Representatives
in General Court assembled, and by the authority of the same,
Sect. 1. That no dam shall, hereafter, be erected across any river or stream,
thro' which alewives or other fish have been accustomed to pass into ponds,
in which there is not made and left a convenient sluice or passage for such
fish, on penalty that the owner or owners of such dam shall, upon conviction
of failure or neglect therein, before any court proper to try the same,
forfeit and pay the sum of fifty pounds; and if the owner or owners of such
dam shall not keep such sluice open during the space of thirty days in a
year, at least, at such time or times as the alewives usually pass such
stream, that then he or they shall forfeit and pay the sum of twenty shillings
per day for every day of the aforementioned and limited time it shall not
be kept open ...."
1742 -- Massachusetts Province Laws, Chapter 16
"An Act in Addition to an Act An Act to Prevent the Destruction of
the Fish Called Alewives, and Other Fish."
Preamble: "Whereas, notwithstanding the several acts made for the preservation
of the fish, and to give them free passage up and down the rivers, in their
seasons, yet by reason of many dams erected, and often erected across such
rivers and streams where the several sorts of fish pass up into natural
ponds to cast their spawns, said fish are diverted in their passage, to
the great decay and ruin of such fishery --"
1761 -- First dam ("No. 1" dam) constructed by Dr. Silvester Gardiner
on Cobbosseecontee Stream in Gardiner near present site of Bridge Street
and A-1 diner. In violation of Province Laws of 1736 and 1742, no opening
is made in the dam to allow for the seasonal passage of alewives, shad and
salmon.
Source: Kingsbury's History of Kennebec County.
1771 -- First Meeting of the Town of Winthrop
"The first action of the people at Winthrop in relation to the dam,
on record, is at a meeting of the town, Nov. 17, 1771, when they chose James
Craig, Jonathan Whiting, and Ichabod How, a committee to solicit Dr. Gardiner
& Son to open a place through, or around their mill dam, to let the
fish up for the benefit of the town."
(Source: Thurston, David. 1855. A Brief History of Winthrop from 1764 to
October 1855. Brown Thurston, Steam Printer. Portland, Maine.)
1772 -- Winthrop Town Meeting minutes
"In the warrant for the meeting, March, 1772, the 5th article was,
'To choose a committee to solicit Mr. William Gardiner to open a place through
or round his mill dam, to let the fish up for the benefit of the town.'
1773 -- Winthrop Town Meeting minutes
"August 30, 1773, 'The committee made a verbal report to this purport,
that they had waited on the Dr., and desired him to open a suitable way
through or round his mill dam, for the fish to go up for the benefit of
the town, but that the Dr. wholly declined to comply with their request.'"
1775 -- Winthrop Town Meeting minutes
"July 10, 1775, chose Joseph Baker, Ransford Smith and John Blunt,
a committee to obtain a fish way through Mr. Gardiner's mill dam at Cobbossee
in some lawful way."
1776 -- Transcription of the Town of Winthrop's 1776 petition to Massachusetts
General Court for fish passage at the mill dams on Cobbosseecontee Stream
"To the Honorable the Council for the Colony of Massachusetts Bay and
the Honorable House of Representatives of the Same in General Court Assembled
The Petition of Joseph Baker, Ransford Smith and Daniel Dudley a Committee
of the town of Winthrop in the County of Lincoln in Said Colony in behalf
of the Town Humbly Sheweth ...
That Said Town is Situated in the River Called Cobiseconte formerly noted
for one of the best streams in these parts for Fishing but some years ago
Doct. Silvester Gardiner late of Boston Erected a mill dam at the mouth
of Said River where it empties into the River Kennebeck which entirely stopped
the Course of the fish up Said River called Cobiseconte. The Inhabitants
of Said Town Sensible of the Great advantage of the fish taken so near as
they might if they were not stopped by Said mill dam applied to Said Doct.
Silvester Gardiner to make a fish way through or round his mill dam which
he seemed willing at first to do but after delaying from one time to another
refused to do anything about it and the Town having no other way to obtain
a course for the fish up Said river but pursuing the measures printed out
by the Law of the land which they have been prevented from taking advantage
of by the breaking out of the present Troubles and Considering the advantage
the fish would be in case they could have a Course up not only to the Inhabitants
of Winthrop but to others in the Neighborhood Your Petitioners pray your
Honours to take their Case under Your Consideration and Grant Relief by
ordering the occupiers of saw mill dam to make a course for the fish by
said dam or otherwise as your Honours in your Wisdom shall See fit and your
Petitioners shall ever pray.
June 29 A.D. 1776
Joseph Baker
Ransford Smith
Daniel Dudley
Committee of Winthrop"
Source: Massachusetts Archives on microfilm at the Maine State Library,
Augusta, Maine.
1776 -- From the daily Journal of the Massachusetts House of Representatives.
"A petition of Joseph Baker, setting forth, That the town of Ransford,
is situated on a river called Cobbiseconte, noted for one of the best streams
in those parts, for fishing; that Sylvester Gardiner has erected a mill
on said river, and thereby obstructed the passage of fish up the same, therefore
praying that a course may be made in said dam, for the fish to pass. Read,
and Voted, That the petitioner have leave to withdraw his petition."
1779 -- Winthrop Town Meeting minutes
"May 17, 1779, they appointed 'Capt. John Blunt, Lieut. Jonathan Whiting
and Mr. James Craig, a committee to the Court of General Sessions of the
Peace to obtain a fish way round or over Mr. Gardiner's mill dam, at the
next session to be held at Pownalborough in June next, and to pursue the
affair, at the expense of the town, as they in their judgment shall think
best, till they obtain said end, or shall be satisfied it is not attainable.'"
1784 -- Winthrop Town Meeting minutes
"May 3, 1784, Capt. John Blunt, Robert Page, and Samuel Foster, were
appointed a committee to procure a fish way through Mr. Gardiner's mill
dam if possible."
1789 -- Winthrop Town Meeting minutes
"April, 1789, Benjamin Monk, Squier Bishop and David Foster, were a
fish committee."
1790 -- Winthrop Town Meeting minutes
"March 1, 1790, Samuel Wood, Joseph Metcalf and Capt. Nathaniel Fairbanks,
were a fish committee."
1791 -- Petition of Robert Hallowell of Gardiner
"To the Honorable Senate, and the Hon. House of Representatives.
The Petition of Robt. Hallowell Guardian to Robt. Hallowell Jr.
Humbly Shews
That upon the River Cobbiseconte in Pittson in the County of Lincoln, two
Mills are erected the property of the said Robert Jr. one of which has stood
nearly thirty years, and the other about eighteen or twenty years, to the
Great Convenience and advantage of the inhabitants of said Pittston, and
the Circumjacent Country -- That in order to supply the aforesaid Mills
with a Sufficiency of Water, two dams were made and have been continued
on said Cobbiseconte river ever since the said Mills were respectively erected,
without which the water would be entirely diverted from said Mills and the
same would become useless, as to the great damage of the Public, as well
as to the said Robert --
That by an Act made the 29th day of February in the year of our Lord 1789,
intitled an Act to prevent the destruction and to regulate the Catching
of the fish called Salmon, Shad and Alewives in the rivers and streams in
the Counties of Cumberland, and Lincoln, and to repeal all laws heretofore
made for that purpose. An authority is given to certain Committees described
in said Act, to open and destroy said Dams for the purpose of making a fish
way, whereby said Dams are continually exposed to be thrown open & rendered
useless. That in the Event no advantage would result to the Community, as
the expence of making a fish way would be very considerable, and the same
would be in a great measure ineffectual when built, as the oldest inhabitants
in that Country cannot recollect any instance of the Alewives proceeding
above the aforesaid Dams, and as a variety of natural obstructions render
it highly improbable, that the larger fish would ever proceed above said
dams in any considerable number --
Your petitioner therefore prays this Honorable Court to take these facts
into consideration, and to appoint a Committee to inspect the premises,
so that if it should appear that the damage arising to the community from
the destruction of said Mills would exceed the benefit, accruing from the
opening a fish way, such measures may be adopted, as will prevent the operation
of the Act upon the Dams erected over the aforesaid stream -- Or if in the
opinion of the said Committee a fish way should be found expedient, they
may in that case be instructed to report, the dimensions, and restrictions
under which it shall be made --
Robt. Hallowell
Source: Baxter, James P., editor. 1910. Documentary History of the State
of Maine Containing the Baxter Manuscripts. Vol. 22. Maine Historical Society.
Lefavor-Tower Company. Portland, Maine.
1790 -- John Stain's Deposition
"I John Stain of Lawful age testify and Say that about thirty years
ago before there was any mill Dam built across Cobesecontee Stream I caught
Shad fish in said Stream up at the falls about a mile from the mouth of
said Stream where a saw mill now Stands and have for years together when
I was there to Catch fish Seen Shad and Elwives to over the falls going
up said Stream.
John Stain. Lincoln, December ye 31st 1790
The above named John Stain made oath that the above Declaration by him Subscribed
was true before -- Robert Page, Justice of the Peace."
The Deposition of Abraham Wyman
"Abraham Wyman of Wyman's Plantation in the County of Lincoln, Gentleman
of Lawful age, testifieth and saith that some years before there was any
mills built on Cobesecontee stream so called which Emptyes in to Kennebeck
River at Pittstown. I was hunting on said Stream and I saw a plenty of alewives
Runing up said Stream they were then a mile above what was called the upper
falls and further the Deponent saith not.
Abram Wyman"
The Deposition of Joseph Greeley
"The Deposition of Joseph Greeley of Sandey river in the County of
Lincoln yeoman of Lawfull age testifieth and saith that about four or five
and twenty years ago and to the best of my Remembrance it was the year that
Cobboseecontee mill Dam was Caried away I was a hunting on Cobbosseecontee
Stream so called that Emptied into Kennebec River at Pittstown and up said
Stream at the falls in Winthrop where John Chandler Mills now Stand I Saw
a Plenty of Alewives Runing up Said falls. I also Saw Major Heald the same
day he informed me that he had also Seen them as well as myself and further
the deponant Saith not.
Joseph Grele
[Note: Thurston's "Brief History of Winthrop" states that John
Chandler's mill was located in Winthrop on the stream flowing between Maranacook
and Annabessacook Lakes.]
Lincoln, January 21st 1791
Personally appeared the above named Abraham Wyman and Joseph Grele and after
being Duly Cautioned and Examined made Solom Oath to the truth of the Above
depositions by them Subscribed before me.
Obadiah Williams, Justice of the Peace."
Source: Baxter, James P., editor. 1910. Documentary History of the State
of Maine Containing the Baxter Manuscripts. Vol. 22. Maine Historical Society.
Lefavor-Tower Company. Portland, Maine.
1791 -- Winthrop Town Meeting minutes
"April 1791, Jedediah Prescot, Jr., Reuben Brainerd and John Chandler
were appointed a fish committee.
1794 -- Winthrop Town Meeting minutes
"April, 1794, John Wadsworth, William Pullen and Timothy Foster were
appointed a fish committee.
1795 -- Winthrop Town Meeting minutes
"May [1795], the town 'Voted that the committee proceed against the
mill dam, at Cobbossee stream, as the law directs."
1796 -- Winthrop Town Meeting minutes
"1796, Samuel Wood, John Wadsworth and Elijah Wood, were the fish committee."
1806 -- Winthrop Town Meeting minutes
"At a meeting, Jan. 1806, the Representative to the General Court,
was instructed to oppose having Cobbossee Conte stream exempted from the
fish law of the Commonwealth."
1806 -- "An Act Exempting Cobbossee Contee River in the Town of Gardiner,
From the Operation of All Laws Regulating the Salmon, Shad and Alewife Fisheries."
Full Text:
"Be it enacted by the Senate and House of Representatives, in General
Court assembled, and by authority of the same -- That all laws heretofore
made, which regulate the fishery of Salmon, Shad and Alewives, in Cobbossee
Contee River, so called, within the town of Gardiner, in the County of Kennebec,
or that respect any mill-dam across said river, be so far repealed, that
from and after passing this Act, they shall cease to operate or have any
effect, so far as respects said river, or any part thereof."
Approved February 17, 1806
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