Penobscot River
1839 Petition by James Austin and 107 others requesting that sluice
ways be opened for fish on the dams on the Penobscot River.
"To the Honorable Senate and House of Representatives in Legislature
Assembled for 1839
"We the undersigned respectfully represent to your Honorable bodies
that it is necessary and desirable for the preservation of fish in the Penobscot
River and its tributary streams that some immediate action should be had
upon said waters for the purpose of making suitable and convenient passage
ways over and through the mill dams now erected on said waters, as many
of said Dams are so erected as to almost entirely preclude the passage of
fish up the said Penobscot River, and in fact on many of its important Streams
the fish are now entirely shut out, and should the said waters remain in
their present situation without further interference by your Honorable bodies
in a few years the fish in the Penobscot River would become extinct to the
great detriment of the many and for the advantage of a few --
"As your Honorable bodies may be well aware some corporations have
been granted which have already proved disastrous and detrimental to the
community at large, in obstructing the navigation of said River as well
as preventing the passage of fish, the fish taken from the waters of said
River have to our knowledge for many years proved an advantage to a very
great portion of the community by means of which the poor have been supplied
and the hungry fed, a blessing provided by nature and which we wish to have
remain -- but under present circumstances about to be wrested from the many
and that too as we believe without their consent for benefit of the few
--
"Gentlemen, we wish to call your attention to corporations and associated
wealth with their onward march, their derogation from justice, and their
encroachments upon the rights of others, and that too almost without remedy,
we can rely upon your Honors alone for protection, and to you Gentlemen
we do most pathetically appeal and we do trust we shall not appeal in vain
--
"It may be brought against this petition that provision has already
been made to open Dams for the passage of fish, we can say with the utmost
confidence that so far as provisions have been made they have been almost
totally disregarded and to this particular we wish to call to your attention,
and as it regards the last Act passed for the preservation of fish in aforesaid
waters, a number of the most important Streams were exempted by law and
we believe, Gentlemen, unnecessarily exempted too -- we do believe that
Cold Stream with some others ought not to be exempted and that measures
should be adopted such as you may deem necessary for carrying provisions
into effect after provisions are made -- (we now understand that a Dam across
the Penobscot River at Old Town is in contemplation and that too is contemplated
by a charter from the Legislature) should an exemption be made to carry
this measure into effect it is one we most sincerely deprecate and deplore
as it would add another obstruction to those already in existence, believing
that you now have the fullest sense of the community on irresponsible corporations
and that at least in this State they will henceforward be watched and guarded
with a jealous eye, and that you will with the same watchfulness guard the
rights of of individuals from the onward march of associated wealth and
corporations which are already heavy upon us -- and as in duty bound would
ever pray."
Signed: James Austin and 107 others.
Source: Maine State Archives. Legislative GY. Box 132. File 19.
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