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."

Back to Atlantic Salmon History 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.