USA > Massachusetts > Essex County > Newbury > History of Newbury, Mass., 1635-1902 > Part 23
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LAWS AND ORDERS FOR THE PROTECTION OF FISH.
William Wood, in his description of New England published in London in 1634, says, "In this river [Merrimack] is stur- geon, Sammon and Basse, and divers other kinds of fish." * "The sturgions be all over the countrey, but the best catch- ing of them be upon the Shoales of Cape Codde and in the River of Mirrimacke where much is taken, pickled and brought for England, some of them be 12, 14, 18 foote long." *
On the twenty-sixth day of March, 1642, the town of Salisbury " granted to Robert Ring two acres of upland upon the island ; over against Watts sellar # to be employed about fishing for two years." §
At that date there was no settlement on the southwesterly bank of the Merrimack river. The name "Watts Sellar" was probably applied to a shallow excavation or pit that marked the spot where a house for the accommodation of fishermen once stood; subsequently the new town, which in-
* Ante, p. 25. t Ring's Island, opposite foot of State street, Newburyport.
# In rear of the present police station, Newburyport. § Coffin's History of Newbury, p. 37.
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HISTORY OF NEWBURY
cluded all the territory within the present limits of New- buryport, was laid out and occupied by the early settlers of Newbury.
The catching and curing of sturgeon soon became an im- portant and profitable industry. Large quantities were boiled, pickled, packed in kegs, and shipped every season to Boston, London, and elsewhere. May 7, 1673, William Thomas, of Newbury, then seventy-four years of age, petitioned the Gen- eral Court to prohibit the pickling or putting up of sturgeon by any person for transportation, " except such as by lawful authoritie shall be licensed thereto." * In answer to this pe- tition the county courts were authorized " to license able and fitt persons to boyle and pickle sturgeon for sale," and also to appoint searchers, or inspectors, to examine the kegs when packed, and mark the weight and quality of the contents thereon.t
Regulated and controlled by the provisions of this law, the business continued to grow and thrive in Newbury for many years. During the summer months, sturgeon were abundant, and, when taken fresh from the water and properly cooked, were esteemed a great luxury. Samuel Sewall, on his way from Boston to Hampton and Portsmouth, " Stopped in New- bury, July 8, 1701, and eat sturgeon at Major Davison's." }
.
Salmon were also caught in large numbers ; and. tradition asserts that they were so plentiful at certain seasons of the year that apprentices stipulated in their articles of agreement that they should not be compelled by their employers, who supplied them with food and clothing, "to eat salmon more than three times a week." Before the close of the seven- teenth century, however, a more extended market reduced the overabundant supply ; and baked or boiled salmon became a popular and favorite dish with farmers and laborers as well as with men of prominence in the province of Massachusetts Bay.
·
In May, 1695, Judge Sewall, returning from a special court, "held at Mr Shaplighs just over against Dover," invited
* Coffin's History of Newbury, p. 114.
t Massachusetts Colony Records, vol. iv., part II., p. 553.
# Samuel Sewall's Diary, vol. ii., p. 38.
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THE SETTLEMENT AT MERRIMACK RIVER
Mr. Thomas Danforth, Mr. Elisha Cook, Col. Hutchinson, and other gentlemen who accompanied him, to dine at his expense, on salmon, at Capt. Edward Sargeant's tavern, at the water-side, in Newbury .*
May 13, 1718, the town of Newbury granted Moses Chase, Abraham Annis, Joseph Pike, William Morse, and others liberty to use the flats near Holt's rocks, on condition that they give one salmon per year to Rev. Christopher Toppan, pastor of the First church, and one to Rev. John Tufts, pastor of the Second church in Newbury, "if they catch them." }
"An act to prevent the destruction of salmon and other fish in Merrimack river " was passed by the General Court. February 28, 1765,¿ but the fines and penalties imposed by this act were evaded, and the business of catching and curing salmon was continued until the growth of large manu- facturing cities, the impurity of the water, the erection of dams at Lowell and Lawrence, seriously interfered with the movements and habits of fish coming from the sea, at the spawning season, and ultimately led them to seek purer streams.
For the protection and preservation of bass in the Parker river the General Court, in answer to a petition from the in- habitants of Newbury,§ provided by a law passed April 26, 1771, that fish should not be taken from that river, at certain seasons of the year, under severe penalties. || The provisions of this law were not strictly enforced ; and March 2, 1793, " An act to enable the town of Newbury to regulate and order the taking of Fish called Shad, Bass and Alewives in the river Parker within the limits of said Town," and providing further "that the inhabitants of Newbury at their annual meeting may determine and order in what manner and at what time fish may be taken from said river," was passed by the General Court.
May 7, 1793, the town of Newbury " voted that no person be allowed to put a seine, hedge, weir or drag net into the
* Samuel Sewall's Diary, vol. i., p. 406. i Town of Newbury Records.
# Province Laws, vol. iv., p. 741. § Town of Newbury Records, May 24, $770.
Il Province Laws, vol. v., p. 134.
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HISTORY OF NEWBURY
river Parker, at any season, for the purpose of fishing for or catching of any Bass, shad or alewives in sd river," and also " voted that no person be allowed to catch any of sd Fish with a Dip net or any other way from the First day of December to the First day of April." *
The enforcement of these rules and regulations was intrusted to Capt. Stephen Kent, David Dole, jr., and Stephen Adams, jr. Although faithful and diligent in the discharge of their duties, they failed to accomplish the purpose for which they were appointed ; and the power and authority of the General Court was again invoked to prevent the wholesale destruction of fish in Newbury. February 22, 1797, another act, more stringent in its provisions, was passed, prohibiting, under severe penalties, the sale of bass caught in the Parker river, and providing for the election of fish wardens to enforce the act; but the results were un- satisfactory, and the General Court endeavored to improve the condition of affairs by another act, passed March 8, 1806, requiring mill-owners to make a sufficient way for the passage of fish over their mill-dams, and directing them to keep the fish-way open and well supplied with water from the fifteenth day of April to the first day of June. Additional acts were passed March 4, 1809, February 26, 1813, and April 18, 1837, without, however, increasing the number of fish in Parker river to any appreciable extent.
Committees were chosen from time to time to carry the provisions of these acts into effect, but violators of the law continued to escape arrest and prosecution. Many of the offenders were from neighboring towns; and the inhabitants of Newbury, in order to keep out all intruders, voted, April 19, 1858, to prohibit the taking of fish from Parker river or its branches, at any time, by any person not having a legal residence within the limits of the town. In 1869, the law was again modified; and now the catching of fish in the ponds, streams, or rivers of Massachusetts, is controlled and regulated by commissioners appointed by the State.
* Town of Newbury Records.
285
THE SETTLEMENT AT MERRIMACK RIVER
FIRE-ENGINES AND FIREMEN.
For more than a century after the settlement of Newbury disastrous fires were subdued or extinguished by the primitive appliances and methods then in use. Ladders borne upon the shoulders of men from the nearest workshop or farm- house were raised to the roof of the burning building ; and water, by means of buckets passed from hand to hand, was thrown with more or less dexterity upon the devouring flames.
When fire-engines were first introduced, they were rude and clumsy affairs, consisting mainly of a square or oblong cistern on wheels, fitted with pumps worked by levers and supplied with water brought in buckets from the nearest available source of supply.
In 1744, the General Court authorized the appointment in every town in the province " of a suitable number of persons not exceeding ten who shall be denominated firewards and have each, for a distinguishing badge of the office, a staff of five feet long painted red and headed with a bright brass spire six inches long." *
March 13, 1753, Nathan Hale and others presented a petition to the inhabitants of Newbury "about a fire engine." It is evident that the prayer of the petitioners was promptly granted ; for " Willm Richards, John Brett, Enoch Plumer, Samuel Nowell, Benjamin Cole, Eliphalet Noyes, Benja Sweet, Jonathan Titcomb, Henry Friend, Somerby Moody, and John Sewall," having built an engine-house at their own expense, and taken care of the fire-engine for several years previous to May 21, 1759, were then "excused from other service in town affairs so long as they continue to take proper care of said engine and faithfully attend in case of fire." +
March 9, 1762, a petition was presented to the town of Newbury, stating that a company had been formed to take care of the fire-engine, that Gideon Woodwell had been chosen captain, and that he and his associates desired to be released
* Province Laws, vol. iii., p. 214. t Town of Newbury Records (1731-85), pp. 93, 118.
286
HISTORY OF NEWBURY
from certain minor duties while serving as firemen. The pe- tition was signed by the following persons : -
Jonathan Marsh
Joshua Norton
Richard Smith
Benjamin Knight Jun
John Follinsby
Bulkley Emerson
Jacob Rolfe
William Johnson
David Whitmore
Thomas Cross Hezekiah Coleby Jun Joseph Rolfe
Francis Hodgekins
Gideon Woodwell
Nath1 Hunt
John Nowell
Jonathan Parsons Jun Moses Nowell
Benjamin Gerrish
Ebenezer Swasey
Thomas Rogers
Jonathan Whitmore Charles Cook
Nath1 Knapp Jun
The prayer of the petitioners was granted so far as to exempt twenty of sd Petitioners from highway rates & petty affairs in the town. *
At the same meeting the town voted to organize a company to take charge of the fire-engine imported by Michael Dalton and others from London in May, 1761. The following per- sons were appointed members of the company : -
Richard Titcomb John Sewall
Offin Boardman
Isaac Johnson Jur
Joseph Collins
Jacob Toppan
Benjamin Pidgeon Samuel Nowell Joseph Rowell
Abraham Gallashan John Stone Benjamin Pike
Michael Tappan Samuel Greenleaf Leonard Smith
Jacob Gideon Joseph Titcomb 3d John Stickney Jr
Obadiah Horton Joseph Remick
Samuel Coker
They were also excused from serving as subordinate officers of the town, and were by a special vote exempt from the pay- ment of highway taxes.t
Voluntary associations were also formed to assist the fire- men in the performance of their duties. Every member of the " Dernier Resort Fire Society," organized in 1761, was required to provide himself with "two good leather buckets, two strong bags, and a knapsack for food or clothing."
These fire-engines were located in the centre of the town, and were set off and transferred to Newburyport when that town was incorporated in 1764.
February 7, 1786, the selectmen of towns, "that are or may be provided with fire engines," were authorized by the * Town of Newbury Records (1731-85), p. 133. + Ibid., p. 132.
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THE SETTLEMENT AT MERRIMACK RIVER
General Court to appoint suitable persons, not exceeding fif- teen to any one engine, to be under the direction of the fire- wards of the town, "and subject to such rules and regulations as they shall adopt." The firemen were placed in charge of the engines to which they were appointed, and were required to respond quickly at every alarm of fire, and assist in sub- duing the flames.
Previous to 1803 that part of Newbury known as " Belle- ville " was provided with a fire-engine. One article in the warrant for the town meeting held April 4, 1803, reads as follows : -
To see if the town will erect a suitable building to cover an engine which has been lately purchased by Enoch Sawyer and others.
No definite action was taken in regard to the erection of an engine-house during that year ; and the subject was not again brought to the attention of the voters until another engine had been purchased by some of the prominent citizens resid- ing in the vicinity of Marlborough street, at the lower end of the town.
At the annual meeting held May 9, 1805, the selectmen were authorized to expend two hundred dollars to build two engine-houses, and provide sixty-four buckets, to be equally divided between the two engine societies.
At a town meeting held April 7, 1806, the following per- sons were appointed fire-wards : -
FOR ENGINE NUMBER ONE.
John Rollins
Farnum How
Robert Dodge
Orlando B. Merrill
Jacob Little
Ebenzr Whitmore
FOR ENGINE NUMBER TWO.
Capt David Little
Richard Pike Philip Coombs
Stephen Ilsley
Capt Ebenezer Stocker Samuel Goodwin
Joseph Lunt Colby
May 9, 1808, the following fire-wards were appointed : -
Jacob Little John Rollins
FOR ENGINE NUMBER ONE.
Robert Dodge
Orlando B. Merrill
Farnum How Ebenzr Whitmore
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HISTORY OF NEWBURY
FOR ENGINE NUMBER TWO.
Benjamin Perkins
Mayo Gerrish
Samuel Goodwin
Jacob Swett
Isaiah Ilsley
Stephen Ilsley
Capt David Little
Major Benj Stickney
Moses Adams Jun
Philip Coombs
Richard Pike
Abram Wheelwright
When " Belleville " and " Joppa " were annexed to New- buryport in 1851, engines numbered one and two were trans- ferred, with other public property from the town of Newbury, and subsequently under the name of "Torrent, number
1
FIRE ENGINE, 1850.
,
seven," and "Neptune, number eight," they were united with the fire department of the city of Newburyport. Since that date, owing to the sparseness of the population and the isolation of the dwelling-houses, it has not been considered necessary or advisable to keep or maintain fire-engines within the present territorial limits of Newbury.
THE ADOPTION AND RATIFICATION OF THE CONSTITU- TION OF THE STATE OF MASSACHUSETTS.
During the year 1777 the General Court, acting as a con- vention, prepared a constitution for the government of the State of Massachusetts, and on the twenty-eighth day of February, 1778, submitted it to the people for their approval.
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THE SETTLEMENT AT MERRIMACK RIVER
On the tenth day of March the town of Newbury appointed a committee to examine the proposed constitution, and report the result of their investigations at a subsequent meeting to be called by the selectmen. June second, this committee recommended that the legal voters of the town refuse to accept or adopt the constitution on account of its many and serious defects .*
Meetings were held in every town throughout the state, and after an exciting canvass the proposed constitution was rejected by a large majority of the votes cast.
February 20, 1779, the General Court passed a series of resolutions directing the selectmen of towns to ascertain whether the freeholders and inhabitants of their respective towns favor the " calling of a State Convention for the sole purpose of forming a new Constitution," and to return to the Secretary of State, previous to the first Wednesday in June following, the number of persons voting for or against the pro- posed measure. On the twenty-first day of May the town of Newbury voted " that in case a major part of the People of this State shall appear to be for a new form of government at this time then, in that case, this Town instruct their Repre- sentatives to act for a Convention to be called in such a way and manner that all the good People in the State (as nearly as may be) may have an equal voice in forming the said con- stitution." ¡
Having ascertained that the inhabitants of more than two- thirds of the towns in the state were in favor of the proposed convention, the General Court recommended, June 17, 1779, that delegates from every town should be elected to meet in Cambridge " on the first day of September next . .. for the sole purpose of framing a new Constitution."
August fourth, Mr. Richard Adams, Enoch Sawyer, Esq., and Mr. Ebenezer March were chosen to represent New- bury, and with many eminent men from other towns in the state assembled at the time and place designated. The con- vention organized by the choice of Hon. James Bowdoin, president, and Samuel Barrett, Esq., secretary. Rules were
*Town of Newbury Records (1731-85), P. 382. t Town of Newbury Records.
290
HISTORY OF NEWBURY
adopted, several important committees appointed, and the general principles of the proposed declaration of rights dis- cussed. The convention continued its deliberations until the seventh day of September. It assembled again October twenty-eighth, for another session of nearly two weeks, when it adjourned to meet, January 5, 1780, in the representatives' chamber in the state house at Boston.
March 2, 1780, the members of the convention agreed upon the constitution that was soon after printed and sub- mitted to the legal voters of the state for their approval or rejection. They also recommended that the votes cast for or against the constitution should be examined and counted by the delegates to another convention to be held in Boston June 7, 1780.
On the twenty-ninth day of May, Enoch Sawyer, Esq., Mr. Richard Adams, and Mr. Ebenezer March were re-elected to represent Newbury in the examination of the returns; and at the same meeting it was also voted, "that the Delegates from this Town be authorized to Joyn with their Brethren in Convention & Determine when the Constitution shall take Place, Provided that two Thirds of the male inhabitants of this state vote for the same."
On the sixteenth day of June, 1780, the convention de- clared that the constitution had been adopted by the requisite number of votes, and " Resolved, that the said Constitution or Frame of Government shall take place on the last Wednesday in October next."
PARISH TAXES AND PUBLIC WORSHIP.
As early as May 24, 1770, an effort was made to secure for the inhabitants of Newbury " liberty to attend public worship in any meeting house in Newbury or Newburyport and pay taxes where they attend." ; This effort, however, was unsuccessful; and no further action was taken until March 10, 1794-5, when the town of Newbury voted "that the inhabitants of this town have liberty to attend Publick
*Town of Newbury Records. t " Ould Newbury, " p. 516.
-
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THE SETTLEMENT AT MERRIMACK RIVER
worship where they choose and be subject to the Rules and Regulations of that Society where they generally attend and be exempted from taxation elsewhere for the support of publick worship." *
Major Samuel Noyes, Lieut. Nathaniel Emery, Deacon Solomon Haskell, and Capt. Paul Moody were appointed a committee to petition the General Court for the enactment of a law legalizing the vote and providing for the assessment and collection of taxes in the manner proposed.
An act authorizing the First parish in Newbury to "ex- empt from taxation those persons who produce a certificate from any incorporated religious society stating that they are members of that society and are willing to be taxed therein " was passed June 17, 1796 .; This act, however, did not exempt the inhabitants of other parishes in Newbury from the payment of taxes for the support of public worship in the parishes where they resided, even though they were faithful and devout members of, and regular contributors to religious societies elsewhere.
The subject was again brought to the attention of the legal voters of Newbury at a meeting held May 9, 1808 ; and a committee was appointed to prepare and present a petition to the General Court for such amendments or modifications of the law as were necessary to give to the inhabitants of the town "liberty to attend publick worship where they please."* But the liberty asked for was not obtained until the third article of the declaration of rights established by the con- stitution of the state was amended in 1833.
INOCULATING HOSPITAL.
At the beginning of the Revolutionary war the inhabitants of Newbury were greatly alarmed by the prevalence of small- pox. The art or practice of vaccination was then unknown ; but many persons were voluntarily inoculated with the disease in its most virulent form, in order that its ravages might be mitigated under the care and attention of experienced physicians.
* Town of Newbury Records.
t " Ould Newbury," p. 517.
292
HISTORY OF NEWBURY
It is evident, however, that the legal voters of the town were opposed to the unrestricted and unguarded use of that privilege. November 26, 1773, they appointed a committee of five persons " to take such measures as may be necessary to prevent Inoculation of the small pox at the house of Capt Moses Little, or elsewhere in the town." *
July 9, 1776, the General Court passed "an act Im- powering the Justices of the Court of General Sessions of the Peace in the Several Counties in this Colony to permit one or more Inoculating Hospitals to be erected in each of Said Counties." April 11, 1777, this act was amended, and some important regulations and restrictions added.t
March 10, 1777-8, the town of Newbury voted to petition the General Court for liberty to provide a suitable place within the limits of the town "for inoculation for small pox."*
This vote was subsequently reconsidered, but after a delay of some weeks was again passed and again reconsidered.
In the mean while the Court of General Sessions for the county of Essex authorized the erection of an inoculating hospital on Kent's island ; and Stephen Cross and other citi- zens of Newbury and Newburyport united in a petition to the General Court, asking that the directors of the hospital might be allowed to retain possession of the property and manage its affairs without interference.
April 11, 1778, the General Court adopted a series of reso- lutions, in substance as follows : -
Moses Frazier, Samuel Tufts, Jonathan Marsh, Ebenezer March, John Pearson, Junior, Joseph Stanwood and Paul Lunt, appointed by the last Court of the General Sessions of the Peace holden for the County of Essex, as Directors of an inoculating Hospital then allowed by said Court of Sessions to be erected and established on Kent's Island in the town of Newbury, are hereby permitted to continue said Hospital, they to be Directors till the further order of the General Court:
And as the Inhabitants of the Town of Newbury Port join in the expense of erecting and furnishing said Hospital, [It is] further resolved, that no preference be given to the Inhabitants of the Town of Newbury but that the Inhabitants of the Town of Newbury Port have equal right to admission into said Hospital with the Inhabitants of the Town of Newbury &c &c. ;
*Town of Newbury Records. t Province Laws, vol. v., pp. 554, 633.
I Massachusetts Archives (Court Records), vol. xxxviii., p. 429.
293
THE SETTLEMENT AT MERRIMACK RIVER
Subsequently, the report that several persons had been in- oculated for small-pox at the house of Mr. Josiah Little created considerable excitement ; and, June 8, 1778, a commit- tee was chosen, and instructed to prosecute any person who had aided or assisted in communicating the disease at the time and in the manner designated. The committee was also directed to prosecute any doctor " that shall attend said persons or administer medicine to any of them contrary to law." *
How long the hospital on Kent's island was used for the accommodation of patients who desired to be inoculated with small-pox is uncertain. On the twenty-second day of August, 1778, a petition was presented to the General Court, asking that the practice might be discontinued in Newbury.
Ten or fifteen years later Newburyport built and main- tained a hospital in the common pasture, where persons volun- tarily inoculated with the virus of small-pox were allowed to remain, under the care of experienced physicians, until fully recovered.
WOOLLEN FACTORY AT BYFIELD.
· In 1793, William Bartlet, Benjamin Greenleaf, and other Newburyport capitalists became interested in a plan, proposed by John and Arthur Schofield, two Englishmen who came to Newburyport that year, for manufacturing blankets and other woollen goods by machinery.
January 29, 1794, Benjamin Greenleaf, Philip Aubin, Will- iam Bartlet, Richard Bartlett, Offin Boardman, jr., Moses Brown, David Coffin, William Coombs, John Coombs, Mark Fitz, Abel Greenleaf, John Greenleaf, Andrew Frothingham, Michael Hodge, Nicholas Johnson, Nathaniel Knapp, Peter Le Breton, Joseph Moulton, Theophilus Parsons, Ebenezer Wheelwright, Edward Wigglesworth, and others were in- corporated as " The Proprietors of the Newburyport Woolen Manufactory." +
As water power was needed to move the machinery, the proprietors by their agent purchased of Paul Moody, of New-
*Town of Newbury Records.
t Special Laws, State of Massachusetts, Acts of 1794.
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