Petition of Inhabitants of Penobscot River -- 1791
"To his Excellency the Govr and Honble Senate; and House of Representatives
in General Court Assembled at Boston, within and for the Common Wealth of
Massachusetts on the first Tuesday of January in the year of our Lord 1791
--
Gentlemen
We the subscribers poor distressed Inhabitants on the River Penobscot in
the County of Hancock and Common Wealth aforesaid Beg leave to most Humbly
shew -- That being very sensable that the preservation of the fish in all
new County's is of the utmost Necessity and advantage; Not only as it affords
great Reliefe to the poor who are (commonly) the first setlers; but it yields
great advantage to the publick. -- And as you Honors have been very careful
from time to time to make many good and wholesome Laws for the preservation
of fish in the said River. -- Which Laws as yet have proved Innefectual,
and the fishing is in danger of being Intirely Ruined. And we humbly conceive
the reason why the Laws so made proves Insofficient, is because the Honorable
Court is not fully informd of the Cituation and Circumstances of said River.
-- Which we beg leave in a humble broken manner to Represent. -- (Vizt)
At the Mouth of said River lies an Island about six miles long (call'd Orphan
Island) that divides said River into two branches and channels, that are
Narrow on the west side of said Island, in some places scarce one quarter
mile wide. And on Eastern side is still more narrow, that said River Joins
in One at the head of said Island, and soon becomes Narrow again, and so
keeping its course Narrow about one quarter of a Mile wide, and in some
places much less, until it comes to the falls above the Tide, and continues
Narrow, and in some places shallow when the freshet is low Except in holes
-- In this dead Water the salmon casts their spawns -- Now the common custom
and practice of many people on said River is to fish every day in the Week,
to fasten several long nets together, from two, to Nine and so taking advantage
of the Tide and slack water, Run them off the mainland and both sides of
the Island, and in Narrow places of said River, in that position that said
Nets do almost Intersect one another -- Others do ply their long Nets off
and on as the tide Ebbs and flows -- By which reason the course of the salmon
is stopped, the shoals broken the fish scattered, and so affrighted; that
their is the greatest danger of their course being intirely turn'd and all
the fishery Ruin'd (If not timely prevented). Besides all this they follow
the salmon into the Dead water where they are casting their spawns hawl
out the old Mother salmon out of their beds every day in the week with long
drage, or sweep Nets, and some even spear the salmon, And they that are
Chosen and duly Engaged to Inspect the fishery do Exercise no authority
to prevent the same, But some do even fish themselves, or tolerate others,
etc.
Therefore we do most humbly pray, that your Honors would be pleas'd to
take the same into your wise Consideration, and in your wisdom order and
grant that no Salmon, Shadd or alewives shall be caught in said River, or
in any of it's Bays or branches, only in four days in the week from the
30th day of April to the 30th day of June annually, that is to say, on Mondays,
Tuesdays, Wednesdays and thursdays, that no seine, drag net, or sweep net
shall be drawn in said River, Bays or Branches more than three days in a
week in said term, and that only on Mondays Tuesdays and Wednesdays -- And
that no seine, drag net or sweep Net shall be drawn in said River or any
of its Branches above Conduskeigne stream, at any time -- And that all Weirs
and Macheans made to Catch said fish on said River Bays or Branches shall
stand open the other three days in every Week during said term from said
30th of said April to 30th of said June annually, And that in all Damms
and Weirs that is now made or shall be hereafter Erected and made across
said River or any of its Branches (where said fish did usually pass) shall
be allow'd and kept Open afree good and sufficient way not less than fourteen
feet wide to the bottom Cill for said fish to pass and Repass to all times
between said 30th of April and said 30th of June annually, which passage
shall not be Interrupted in said term by any person, Net or Mashean of any
kind whatsoever. -- And that no person or persons shall be allowed to fish
with any set Net or Nets on said River or any of its Bays or Branches more
than twenty fathom long on the line after it is hung. And shall not be allow'd
to play or set his Net or Nets off and on as the Tide Ebbs and flows, That
no Salmon shall be caught in said River or any of its Branches from the
10th day of July to the first day of December annually; And that no salmon
shall be speared in said River or any of its Branches at any time. That
each Town, district or plantation on said River, or any of its Bays or Branches
shall be Required and fully Impowered at a Meeting called in March or April
annually to choose three or more good freeholders who shall be duly engaged
to Inspect the fishery and see that the Law is fully comply'd with who shall
be under heavy penalties if they neglect their trust in their Own Town or
district, and whose power may run to every Bay and Branch of said River
in said County of Hancock. -- And that all fines and forfeitures be heavy
and severe; That the method of prosecution be made plain and easy -- That
any person may have Right to Complain or prosecute That the Honorable Court
would transmit their pleasure to us as early as possible, As we may govern
ourselves accordingly. -- And as in duty bound will Ever pray.
Penobscot River, November ye 23rd, 1790
Steph Lanpher, Elias Eddy
Benj. Lowell, Tbrook Eddy
James Colson, Joseph Ary
Joseph Gross, Jr., Simeon Gorton
John Collings, Amos Dole
Joshua Couillard, Shebna Swett
Moses Page, Richard Blasdel
Benjamin Page, Jr., Benjamin Wheeler
Josiah Colson, Robert Wheeler
Abner Loewell, David Patterson
Abel Curtis, John Swan
Troheth Smith, Joseph Wheeler
Ezekiel Harding, Daniel Neal
Reuben Snow, James Patterson
Benj. Snow, Harding Snow
Saml. Stubbs, Jonathan Philbrook
Joseph Stubbs, William Wheeler
Saml. Stubbs, Jr., Jesse Harding
Joshua Eldredge, Freeman Knowles
James Eldredge, Nathan Hopkins
Nathanl. Lowel, Simon Smith
John Lowel, Nathaneal Myrick
Bayse Bullard, Eliashib Delano
John Miller, Perez Hamlen
Ebenezer Sollson, Benjamin Higgins
Robert Miller, Thomas Snow
Timothy Freeman, Richd. Ellingwood
Paul Nickerson, Thomas Green
Edward Snow, Alisha Higgins
Warren Nickerson, Andrea Grant
Eliphalet Nickerson, Jr., Gordon Grant
Eliphalet Nickerson, Andrew Grant
Daniel Nickerson, John Holbrook
Amasa Snow Jun., Joseph Porter
Thomas Dean Jr., Benj. Whitman
Oliver Doane, Joseph H. Shaw
Jesse Atwood, Hatevil Colson
Jesse Rogers, Richard Kempton
Samuel Freeman, James Louis
Nathaniel Pierce, Lathleg Lewis
John Brewer, Josiah Higgins
Moses Rogers, Joseph Cole
James Freeman, Ebenezer Basset
Solomon Swett, Nathan Atwood
Nathaniel Gould, William Kent
Joseph Baker, Theophilus Brown
Simeon Fowler, Levi Kent
Henry Kenney, Stilmon Kent
John Simson, Abner Curtis
John Tibbets, Seth Curtis
Daniel Skinner, Bangs Doane
Nathaniel Mayhew, Anson Lanpher
Andrew Mayhew, James Colson Jr.
John Hutchens, James Smith
Benj. Perkins, John Gross
Simeon Johnson, Zac Gross
John Thomas, Roger Merithew
Wm. Thomas, Robert Rankings
Jona. Eddy
Total No. 117"
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. pp. 399-403.