Introduction
This report presents new information relating to the historic range of
anadromous fish species in the Presumpscot River and Sebago Lake, Maine.
This subject is of interest due to the re-licensing of five hydro-electric
dams on the Presumpscot River in the towns of Windham and Gorham and the
city of Westbrook. For more than a century, these dams (Saccarappa Falls,
Mallison Falls, Little Falls, Gambo Falls, Dundee Falls) have barred access
by native anadromous fish species to the Presumpscot River above Saccarappa
Falls in the City of Westbrook, Maine.
Since 1999, Friends of the Presumpscot River, Friends of Sebago Lake, American
Rivers, the Maine Council of the Atlantic Salmon Federation and the Sebago
Chapter of Trout Unlimited have recommended the removal of three of these
dams (Saccarappa Falls, Mallison Falls and Little Falls) and construction
of mechanical fish passage at the Gambo Falls and Dundee Falls dams. These
measures have been recommended to allow the Presumpscot River's native anadromous
fish species to regain access to their historic habitat above Saccarappa
Falls in the City of Westbrook, Maine.
In filings before the Federal Energy Regulatory Commission, the owner of
these five dams, the SAPPI corporation, has argued there is insufficient
evidence to determine the exact historic range of anadromous fish species
in the Presumpscot River drainage. In these filings, SAPPI (cite) has acknowledged
that Atlantic salmon, American shad, Blueback herring and Alewife are native
to the Presumpscot River. SAPPI (cite) has stated it is likely Atlantic
salmon were historically present throughout the Presumpscot River drainage.
SAPPI has expressed reservations that American shad, blueback and alewives
migrated past the natural ledge drops of the Presumpscot River at and above
the city of Westbrook. For this reason, SAPPI has argued it should not
be required to construct mechanical fish passage devices that would allow
American shad, blueback herring and alewife to migrate past its dams on
the Presumpscot River.
In July, 2002, the Federal Energy Regulatory Commission (FERC) issued its
Final Environmental Impact Statement for the five Presumpscot River dams.
In this document FERC stated while the exact historic range of Atlantic
salmon, American shad, Alewife and Blueback herring in the Presumpscot River
may not be known at this time, upstream passage for these anadromous fish
species at SAPPI's dams is warranted because:
a) Evidence shows that sufficient habitat exists in the Presumpscot River
above SAPPI's five dams to support viable populations of these native fish
species.
b) The use of mechanical fish passage devices at SAPPI's dams to restore
viable populations of these native fishes to the Presumpscot River represents
an equitable balance of power and non-power uses of the Presumpscot River.
During the summer of 2002, Friends of the Presumpscot River and Friends
of Sebago Lake conducted research to gain a better understanding of the
historic range of Atlantic salmon, American shad and Alewives in the Presumpscot
River drainage. The focus of this research was on primary source historic
documents from the18th century, when mill dams were first constructed on
the Presumpscot River and local residents first protested the impacts of
these dams on the migratory fish populations of the Presumpscot River.
This report summarizes the key findings of this research effort. Most of
the materials utilized and cited in this report are available for study
at the Maine State Library in Augusta, Maine and the Maine State Law Library
in Augusta, Maine. This report also utilizes secondary historic sources
from the 19th and 20th centuries. Primary source documents from the 18th
century located in this research effort confirm the veracity of most 19th
and 20th century descriptions of the historic anadromous fisheries of the
Presumpscot River.
Executive Summary
Primary source historic documents from the 18th century indicate that prior
to the construction of mill dams, the Presumpscot River watershed hosted
large numbers of migratory fish which seasonally inhabited the Presumpscot
River and Sebago Lake.
Documents show these migratory fish were an important source of food for
Native Americans and early European settlers living in the area. Migratory
fish species specifically mentioned by 18th century Presumpscot River residents
as important food sources include the Atlantic salmon (Salmo salar), American
shad (Alosa sapidissima) and the Alewife (Alosa pseudoharengus).
Statements by 18th century Native Americans and European settlers repeatedly
emphasize the importance of ensuring that migratory fish have free access
to the river above Saccarappa Falls and to Sebago Lake. The plantations
of Bridgton and Pearsontown (Standish) were parties to 18th century legal
actions intended to force dam owners on the lower Presumpscot River to provide
upstream passage for the migratory fish. Both of these plantations are located
on Sebago Lake. Legal advertisements in the Falmouth Gazetteer in 1785 state
that requirements for fish passage at mill dams were created at the request
and to benefit citizens residing in "interior" settlements of
Gorham, Windham and Pearsontown.
Historic research conducted for this report found no documents which state
or suggest that natural falls on the Presumpscot River prevented American
shad, Alewife and Atlantic salmon from reaching Sebago Lake.
Petitions filed in 1776 and 1781 by the towns of Gorham, Windham, Pearsontown
(Standish) and Bridgton cite the need for fish passage at dams on the lower
Presumpscot River to allow American shad, Alewives and Atlantic salmon access
to those portions of the Presumpscot River in these towns. These towns are
all located above the existing SAPPI dam at Saccarappa Falls in Westbrook.
Pearsontown (Standish) and Bridgton are located above all of the SAPPI dams
on the Presumpscot River.
The report of the Dam Viewing Committee appointed by the Massachusetts
Great and General Court in 1777 for the Presumpscot River states that the
owners of all mill dams on the river at that time (at Presumpscot Falls
in Falmouth and Ammoncongin and Saccarappa Falls in Westbrook) agreed to
provide passage for migratory fish at these dams when requested to do so
by the Committee. According to the Committee's report to the Massachusetts
Great and General Court, none of the mill dam owners claimed that natural
falls on the river prevented migratory fish from ascending the Presumpscot
River or its tributaries.
The 1785 Massachusetts law requiring fish passage at all existing and future
Presumpscot River mill dams specifically cites the need and benefit for
migratory fish to have access to the entire Presumpscot River drainage.
This law required that all dams on the Presumpscot River and its tributaries
provide passage for migratory fish species. No records have been found to
show or suggest that mill dam owners on the Presumpscot challenged the law
on the basis that natural falls on the Presumpscot River prevented migratory
fish species from ascending the Presumpscot River or its tributaries.
Discussion of Historic Documents
The use of the Presumpscot River by Native Americans for harvesting large
numbers of migratory fish is established by a 1725 letter from Col. Thomas
Westbrook to Massachusetts Governor Jonathan Belcher. Colonel Westbrook
was a military officer appointed by the Massachusetts government to lead
attacks on various Native American tribes in Maine in the 1720s during the
military campaign known today as Lovewell's War. In 1725 there were no mill
dams on the Presumpscot River. In his May 21, 1725 letter Col. Westbrook
states:
"Wee judge that the greatest part of the Enemy are drawn some distance
back, on the great Rivers, this being their time to fish for Salmon &
other fish up the fresh Rivers on which the Indians yearly make a fishing
voyage. Our winter scouts discovered sundry of their fishing places on Saco,
Pesomscott & Amuscoggin Rivers where they made large quantities last
Summer. The new recruits are not yet come, notwithstanding wee have had
so many Westerly winds. As soon as they arrive, if Arm'd, I will endeavor
to visit some of their fishing places." (Trask, p. 111)
The First Dam on the Presumpscot River -- 1735
After the end of Lovewell's War in 1827, Colonel Thomas Westbrook and other
local entrepreneurs constructed a sawmill and dam across the Presumpscot
River at the river's head of tide at Presumpscot Falls in Falmouth (Willis
1862). According to the diary of the Rev. Thomas Smith of Falmouth, this
dam was under construction in 1734 (Willis 1849). In a diary entry dated
Nov. 8, 1734, Rev. Smith wrote: "I rode with my father to see the Colonel's
great dam."
The construction date of this mill dam is further confirmed by the October
10, 1735 report of the Falmouth Highway Committee, which mentions locating
a new road "about ten or twelve rod above the Head of the Falls above
the new Mill on Pesumpscot River." (Collections of Maine Historical
Society, Second Series, Vol. 6, p. 43.)
A Sept. 7, 1736 letter from an unnamed associate of Massachusetts Governor
Jonathan Belcher to Col. Thomas Westbrook shows that local Indians protested
the construction of the mill dam at Presumpscot Falls in Falmouth almost
immediately after it was completed.
This letter to Col. Thomas Westbrook reads:
"His Excellency, the Governor, has lately received a letter, dated
the 23rd of May past, from Harrow House, in Falmouth, without being signed
by any person, complaining of Insults and Threatenings &c. some of your
people have met with from some of the Indians, without giving reason for
in said Letter. Which inclosed a letter from Capt. Thomas Smith of the Truck
House at Saco Falls, directed to yourself, wherein His Excellency was informed
that three Indians were at Biddeford in Order to take Passage on Board a
Sloop bound here, and that their business was to complain that the River
leading to the Sebagoge Ponds was so dammed and obstructed.
"Fish is their principal Subsistence in the Summer time and that for
the want of which they are likely to be Starved &c. which is thought
to be the reason that they have troubled you. In your letter you speak of
sending up Affidavits of the whole affair in a little time. His Excellency
thinks it not proper for him to give any order in this matter until the
Complaint be more properly laid before him.
"I believe it will be therefore Advisable if the Indians continue
their Complaints & Insults to get your evidences sworn & their depositions
sent up, with your complaint in form and what Claims you have to make to
the River & so as to Justify the stopping the Course and then the affair
probably may be fully heard and determined. But you must look upon this
only as my private opinion."
This letter shows that in the spring of 1736 local Indians initiated two
methods of protesting the completion of the dam at Presumpscot Falls in
Falmouth. Indians appeared at the site of the mill and dam and threatened
workers there; and three Indians travelled to Biddeford on the Saco River
to take a ship to Boston to protest to the colonial government about the
impact of the dam on their ability to harvest fish migrating up the Presumpscot
River. The letter's reference to Sebago "Ponds" suggests the Indians'
grievance was in part due to the mill dam preventing fish from migrating
up to Sebago Lake and other lakes draining into Sebago.
Records in the Massachusetts Archives show that an August 10, 1739 meeting
was held in Boston between Governor Belcher and Chief Polin, an Indian sachem
from the Presumpscot River. These records show Polin travelled to Boston
to discuss a number of issues of concern to his tribe, including the impact
of mill dams on the Presumpscot River on the rivers' migratory fish populations.
Polin was accompanied to Boston by Captain Robert Jordan of Falmouth, who
served as Polin's interpreter during the meeting.
At this meeting, Polin states that Col. Westbrook had promised two years
earlier to provide passage for fish at his dam at Presumpscot Falls. This
statement suggests that in 1736 or 1737 some agreement was made between
local Indians and Col. Westbrook that fish passage would be provided at
Col. Westbrook's mill dam at Presumpscot Falls in Falmouth. Polin's statements
indicate Col. Westbrook failed to provide passage for fish at his dam.
According to the meeting transcript, Polin states:
"Your Excellency, when the treaty was sealed was pleased to say that
if any thing should happen that we could not understand or did not approve
of we should inform your Excellency of it: and what we are most aggrieved
at is that the River Pesumpscut is dammed up so that the passage of fish
which is our food is obstructed, and that Col. Westbrook did promise about
two years ago that he would leave open a place in the dam and that the fish
should have a free passage up said river into the Pond in the proper season
but he has not performed and we are thereby deprived of food."
Records show that after this meeting between Polin and Governor Belcher,
a letter dated August 13, 1739 and signed by John Willard, the Governor's
secretary, was sent to Col. Thomas Westbrook. The letter reads:
"Col. Westbrook
Sir,
I am directed by His Excellency & the Council to acquaint you that divers
Indians inhabiting on Pesumpscot River have complained that by the dams
built on that river the course of the fish is stoped & they are thereby
deprived of a great part of their subsistance, that upon your first building
the dam a passage was made therein for the fish & kept open in the proper
season, but of late that passage has been wholly stoped up. I am further
to acquaint you that the Governor and Council apprehend it but reasonable
to leave open a sufficient passage for the fish and this they may expect
may be done that no further complaint may be made in this matter and the
rather because the deed of President Danforth to the Town of Falmouth does
make an express saving of the rivers. It is also desired that you would
take care and give orders that the people of Pesumpscot River treat the
Indians kindly that come hither.
J. Willard."
(Massachusetts Archives, Vol. 29, pp. 355-359)
The Second Dam on the Presumpscot River -- 1738
During the late 1730s, when Chief Polin was protesting the impacts of
Col. Thomas Westbrook's dam at Presumpscot Falls in Falmouth, construction
was underway at a second dam on the Presumpscot River at a falls called
Nagwamqueeg. This falls, located five miles above Saccarappa Falls, was
later known as Horse Beef Falls or Mallison Falls.
Historic documents indicate that local Indians in the early 18th century
did not oppose settlement by Europeans of lands along the Presumpscot River
below Saccarappa Falls. Prior to the late 1730s, virtually no European settlers
lived along the Presumpscot River above Saccarappa Falls (McClellan 1903).
According to statements made by Chief Polin to Governor Belcher in August
1739, local Indians claimed ownership of all of the lands along the Presumpscot
River above Saccarappa Falls in Westbrook and opposed any settlers moving
into the area above Saccarappa Falls.
Despite this ownership claim, in the 1730s the Massachusetts legislature
created several new townships along the Presumpscot River above Saccarappa
Falls. One of these townships, named New Marblehead, was laid out on the
north side of the Presumpscot River extending upriver from Saccarappa Falls.
This is now the town of Windham, Maine.
Records indicate that on January 19, 1738, the proprietors of New Marblehead
township offered settlers the water rights to any of the Presumpscot River
falls lying above the "Great Bridge" at Saccarappa for the purpose
of building a mill and dam. Settlers chose the falls called Nagwamqueeg
or Mallison Falls and in 1738 began to build a dam across the river (Dole
1974). Local Indians stopped settlers from building the dam, claiming it
would block fish migrations and that they owned the land on both sides of
the falls. Dole (1974) states that New Marblehead settlers encountered similar
protests from Indians when they tried to build a meeting house near Nagwamqueeg
falls in 1737.
On March 1, 1739, the proprietors of New Marblehead voted to give settlers
additional time to build a dam at Nagwamqueeg falls, stating that the delay
in finishing the dam was because, "They having been impeded by the
Menaces of the Indians." The settlers were given a deadline of September,
1740 to complete the dam. Minutes of the Dec. 14, 1740 meeting of the New
Marblehead proprietors state that the dam at Nagwamqueeg falls was completed
that year. Dole (1974) states that a flood in 1743 destroyed the mill dam
at Nagwamqueeg falls.
The above chronology helps to explain why Chief Polin did not specifically
protest construction of dam at Nagwamqueeg falls during his August 1739
meeting with Governor Belcher. By the time of this meeting, the Indians
had successfully stopped settlers from building the dam at Nagwamqueeg falls.
Records show that settlers did not attempt to resume construction of this
dam until 1740, a year after Polin's meeting with the Governor.
These records indicate that in the early 18th century, local Indians utilized
the Presumpscot River above Saccarappa and Nagwamqueeg falls for harvesting
migratory fish. If natural falls at Saccarappa or Nagwamqueeg were impassable
to migratory fish, it is doubtful the Indians would have taken direct action
to stop the construction of a small mill dam on the Presumpscot River at
Nagwamqueeg. Support for this is given in Pierce (1862), which states that
Indians had a fishing station for American shad on the Little River. The
Little River enters the Presumpscot just below Nagwamqueeg falls and five
miles above Saccarappa falls.
Records show that after 1740 hostilities between local Indians and settlers
on the Presumpscot River increased sharply. Encroachment by settlers on
lands claimed by the Indians above Saccarappa Falls and the repeated failure
of mill dam owners to provide fish passage on the Presumpscot were most
likely key factors. McClellan (1903) describes the burning of the mill dam
at Presumpscot Falls by local Indians in 1741:
"Cloudman was accustomed to run the mill all night, and one night
in 1741, he saw an Indian creeping up with his gun, who twice attempted
to fire at him, but his gun snapped and missed fire. Cloudman hurled the
bar used for placing the log on the carriage at the Indian. It hit him on
the head and killed him instantly. He then threw the body into the wheel-pit,
shut down the mill and went home. The night following, the Indians burned
the mill." (McClellan, 1903, p. 433)
Indian Wars and the American Revolution
From the 1740s to the 1760s, the Presumpscot River region endured two protracted
wars, known today as Gov. Shirley's War and the French and Indian War. These
wars resulted in the deaths of numerous Indians and settlers along the Presumpscot
River. During this period the small number of settlers living along the
Presumpscot River above Saccarappa Falls constructed small forts and stockades
to protect themselves from attacks by Indians and only left these structures
for short periods to tend to crops (McClellan 1903; Willis 1849; Dole 1974).
Records indicate a number of local Indians were killed in these conflicts
and many others moved north to Canada.
Historic records during this period regarding the Presumpscot River are
scarce. McClellan (1903) states that Col. Westbrook's dam at Presumpscot
lower falls was destroyed by a flood on July 31, 1751. This is corroborated
by Rev. Thomas Smith's journal entry for that day: "The freshet has
carried away many bridges, hay &c. on Presumpscot River. Saccaribig
bridge and the Presumpscot great dam broke." (Willis, 1849, p. 147).
It appears the dam at Presumpscot Falls was rebuilt by 1759, since an account
of the estate of Gen. Samuel Waldo, who died in 1759, states: "Presumpscot
mills -- three saws." (Goold, p. 266).
On April 19, 1775, the Revolutionary War began with the battle of Lexington
and Concord in Massachusetts. That same year, British military forces burned
and destroyed most of the town of Falmouth, Maine (Willis 1862). Records
show that most of the adult males of the settlements along the Presumpscot
River became soldiers in the Revolutionary War (McClellan 1903). During
this period, a blockade of the Maine and New England coast by the British
navy stopped most fishing boats from leaving Maine ports for many years.
This blockade appears to be a key motivation behind an August 1776 petition
to the Massachusetts legislature by the towns of Gorham, Windham, Pearsontown
(Standish) and Cape Elizabeth calling for fish passage at dams on the Presumpscot
River. The petition reads:
"To the Honourable Council and House of Representatives of the Colony
of the Massachusetts Bay in New England in General Court Assembled
The Petition of the Towns of Cape Elizabeth, Windham, Gorham and Pearsontown
in the County of Cumberland
Humbly Shew
That the said Towns lay bordering on Presumscutt River, so called, and
for many years after the Settlement of this Eastern Country were plentifully
supplied with Salmon, Alewives, Shad & other sorts of Fish that frequented
the said River in great abundance it being peculiarly commodious for the
Spawn & increase of Fish by reason of a large pond called Sebago or
Sebacook which extends upwards of thirty miles from the mouth of the said
River as far as Pondicherry as also the many branches of said river that
used to bring a plenty of aforesaid Fish near to many of our doors, your
Petitioners further shew that by reason of several Mill Dams being built
quite across said River, without leaving a sluice way for Fish to pass up,
as by Law is directed, and since the said Mill Dams have been erected on
the said River the passage of all kinds of Fish as aforesaid has been totally
obstructed & stopt in their course up said River to the great prejudice
of many back Towns which depended (in their Inland state) on the said River
for a part of their support, as also to the prejudice of all the Inhabitants
of the Sea Coast near the mouth of said River by causing a scarcity of Codfish,
Haddock, and many kinds of Fish that frequent the mouths of such extensive
Rivers after a quantity of small bait that abound in such places. And our
fishing on the Banks as well as on our Coast off shore being in a great
measure impracticable by reason of the Enemy's cruisers that infest our
Coast, reduces us to the necessity of adopting some method whereby the fish
may come to us. And the Laws of this Colony have been found ineffectual
hitherto for the removal of your Petitioners cause of Complaint, Wherefore
your Petitioners pray Your Honours to take the matter of our Complaint into
your consideration and Grant to your petitioners such relief as in Your
great Wisdom & Clemency You may Judge meet & your Petitioners as
in Duty bound shall ever pray.
August 22, 1776."
This primary source document identifies the migratory species of concern
to the Presumpscot's 18th century settlers as Atlantic salmon, Alewives
and American shad; attributes the abundance of these migratory fish species
in part to their ability to gain access to Sebago Lake and the watershed
around it; and stresses the importance of allowing these migratory fish
to regain access to the river tributaries in the "back towns"
of the Presumpscot, ie. Gorham, Windham and Standish.
In response to the 1776 petition, on April 4, 1777 the Massachusetts legislature
passed a Resolve appointing a committee of three men to view the mill dams
on the Presumpscot River to determine "where proper sluice ways be
made for the passage of said fish." (Journal of the Mass. House of
Representatives, 1776-1777.) This Resolve states:
"Resolved that John Lewis Esq., Joshua Fabyan Esq., Samuel Thompson
Esq. be a Committee to view the mill dams upon Presumscott River in the
Town of Falmouth & County of Cumberland, which have been represented
to this Court totally to obstruct the Salmon, Alewives, Shad &c in their
passage to Sebago pond to lay their Spawn & that said Committee be directed
to Confer with the owners of said dams & view & examine where proper
sluice ways may be made for the passage of said fish & report a State
of facts to the next General Court on the Second Tuesday of their first
Session."
In June 1777, the committee presented its report to the Massachusetts Legislature.
The committee stated that in the third week of May, 1777 they inspected
five mill dams on the river, located at Presumpscot Falls, Ammoncongin Falls,
Saccarappa Falls (two dams) and Horse Beef falls. During this inspection
the committee spoke to the dam owners or their representatives at each dam.
The committee reported that all four dams were impassable to migrating fish.
The committee stated that the dam owners of all five dams agreed to construct
sluice ways at their dams for migrating fish. The committee's report concluded,
"the River is large & was said formerly to abound with a variety
of fish that frequents said Streams, but the several dams appeared to the
Committee almost or quite a total obstruction to their passage especially
the dam on Presumpscot falls, which the Committee were informed was built
about forty-four years ago."
This document shows there were five mill dams on the Presumpscot River
in 1777. Four of these dams, at Ammoncongin Falls, Saccarappa Falls (two
dams) and Horse Beef falls (aka Nagwamqueeg or Mallison falls) are at the
sites of dams now owned by the SAPPI corporation. In 1777, the Committee
reported the dam at Ammoncongin was owned by Major Benjamin Waite; the two
dams at Saccarappa were owned by a Mr. Conant, and the dam at Horse Beef
falls was owned by a Mr. Osgood. According to the Committee's report, all
three owners agreed to provide fish passage at their dams. None challenged
this request on the basis that the falls upon which these dams were built
naturally prevented the migration of salmon, shad or alewives upriver. The
Committee also noted during their inspection that sluice ways for migratory
fish could be easily constructed at all four dams . The Committee expressed
no reservations that the falls themselves might prevent fish from migrating
upriver.
No records have been found stating if the Presumpscot River dam owners
actually constructed fish passage in response to this 1777 Resolve.
Four years later, on October 30, 1781, the upper Presumpscot River towns
again petitioned the Massachusetts legislature requesting that fish passage
be constructed on all of the mill dams of the Presumpscot River. On this
occasion, the town of Bridgton joined the towns of Gorham, Windham and Pearsontown
in the request for fish passage at the Presumpscot River dams. Bridgton
is located more than ten miles across Sebago Lake from the Presumpscot River.
In this petition, the four towns stated:
"The reasons why the Prayer of this Petition should be granted are
that the inhabitants of the plantations adjoining said Stream are many of
them but in a state of infancy with respect to Settlements and their Cultivations
but small that renders it difficult for them to procure the absolute necessities
of life in these sircumstances a plenty of fish comeing even to their own
Doors would greatly contribute to their support ..."
This petition is of interest because it was signed exclusively by towns
above Saccarappa Falls on the Presumpscot River. The petition states that
fish passage at the river's mill dams would allow migratory fish to come
to the "doors" of residents of Gorham, Windham, Standish and Bridgton.
It is unlikely these towns would repeatedly ask for fish passage at the
river's mill dams if local knowledge indicated that natural falls on the
river prevented these fish from reaching the towns of Gorham, Windham, Standish
and Bridgton.
Records show that on March 14, 1785 the Massachusetts Legislature passed
"An Act for Opening Sluice-Ways in the mill-dam or dams which have
or may be erected on Presumscut River, in the County of Cumberland, and
upon any Stream or Streams which fall into the same river."
The Preamble of the Act states: "Whereas it appears to this Court that
the people who live in the neighborhood of the Presumscut River in the County
of Cumberland, have heretofore, and still may, derive extensive benefits
from the fishery on the said river and streams which fall into the same,
unless prevented by the mill-dams which have or may be erected across the
said river and streams, the increase or even continuance of which unregulated,
for any considerable length of time, must inevitably destroy the annual
course of the fish up the said river."
By requiring all existing and future mill dams on the Presumpscot River
and its tributaries to have fish passage, the 1785 law suggests that natural
falls on the Presumpscot did not create impassable barriers to migratory
fish. If local knowledge indicated that portions of the Presumpscot River
were naturally inaccessible to migratory fish, it is likely these portions
of the river would have been exempted from the fish passage law.
As part of the 1785 fish passage law, a three person fish committee was
appointed by the Massachusetts Legislature and charged with inspecting the
mill dams on the Presumpscot River to see if they had complied with the
fish passage law. The committee was also charged with hiring people to provide
fish passage if the dam's owners refused to do so. A number of public notices
were published by the fish committee in a local weekly newspaper, the Falmouth
Gazette. A public notice on July 29, 1785 notifies mill dam owners that
the committee would be inspecting their dams. A September 7, 1785 public
notice states, "The owners of the mills on Presumpscot river, having
neglected to open sluice ways in their dams agreeably to the notice and
request of the Committee -- The Committee hereby request, that if any other
person or persons will perform that service, they would apply to them without
delay."
A third public notice by the fish committee implores residents of Gorham,
Windham and Pearsontown to volunteer to provide fish passage at the river's
mill dams. The September 28, 1785 public notice in the Falmouth Gazette
states:
"One Advertisement more (and the last for the present year) respecting
Sluice-Ways. The Committee appointed to see that sufficient sluice-ways
in the several dams on Presumpscut River, having notified the owners of
the mills on said river, to open such sluice ways; and on their neglecting
so to do, endeavored to procure other persons to perform that business,
but without effect (although they have met several times for that purpose,
at Saccarappa, agreeable to notifications in this Gazette;) and willing,
as far as possible, to discharge the duty incumbent upon them -- Do, as
their last attempt (for the present year, at least) hereby give notice to
the inhabitants of Gorham, Windham, Pearsontown, and other places, in the
interior part of the county, at whose request the act for opening such sluice-ways
was made, and who would be most benefitted by the execution thereof -- that
if they wish or expect to have said sluice-ways opened, they must procure
some persons to open the same, or open the same themselves, under the authority
of said Committee ..."
Statements in this legal advertisement show that the 1785 Presumpscot fish
passage law was enacted at the request of the towns of Gorham, Windham and
Pearsontown and other places "in the interior part of the county";
and that these interior towns would be "most benefitted" by the
provision of fish passage at the Presumpscot River mill dams. These towns
are located above Saccarappa Falls. These statements provide additional
credence to the view that migratory fish historically ascended the Presumpscot
River past the SAPPI dams on the Presumpscot River.
References Cited:
Baxter, James P., editor. 1910. Documentary History of the State of Maine
Containing the Baxter Manuscripts. Vols. 1-24. Maine Historical Society.
Lefavor-Tower Company. Portland, Maine.
Collections of the Maine Historical Society, Vol. 1. 1831. Day, Fraser &
Co. Portland, Maine.
Collections of the Maine Historical Society, Second Series, Vol. 6. Maine
Historical Society. Portland, Maine.
Dole, Samuel T. 1974 reprint. Windham in the Past. Windham Historical Society.
Windham, Maine.
Falmouth Gazette and Weekly Advertiser. 1785. Falmouth, Maine. Available
on microfilm at the Maine State Library, Augusta, Maine.
Goold, William. 1997 reprint. Portland in the Past with Historical Notes
of Old Falmouth. Heritage Books. Bowie, Maryland.
Journals of the Massachusetts House of Representatives, 1776-1777. Available
at the Maine Law Library, Augusta, Maine.
The Laws, Acts and Resolves of the Commonwealth of Massachusetts. 1780-1820.
Available at the Maine Law Library, Augusta, Maine.
Massachusetts Archives. Available on microfilm at the Maine State Library,
Augusta, Maine.
McClellan, Hugh D. 1903. History of Gorham, Maine. Smith & Sale Publishers.
Portland, Maine.
Pierce, Joshua. 1862. A History of the Town of Gorham, Maine. Foster &
Cushing and Bailey & Noyes. Portland, Maine.
Trask, William, editor. 1901. Letters of Colonel Thomas Westbrook and others
Relative to Indian Affairs in Maine, 1722-1726. George E. Littlefield. Boston,
Mass.
Willis, William. 1849. Journals of the Rev. Thomas Smith and the Rev. Samuel
Deane. Joseph S. Bailey. Portland, Maine.
Willis, William. 1862. History of Portland. Maine Historical Society. Portland,
Maine.