The Merrimack River: its source and its tributaries. Embracing a history of manufactures, and of the towns along its course; their geography, topography, and products, with a description of the magnificent natural scenery about its upper waters./ By J. W. Meader.

THE MERRIMACK RI VEB R;
sequent to the construction of the Billerica Dam, should naturally
attribute the stagnation and flowage to that, instead of natural causes.
Such was the fact, and the proprietors of interval lands in Sudbury,
Concord, and other towns on the river, honestly believed that the dam
was a positive and serious detriment to their lands along the margin
of the stream; and as early as 1810 a suit was brought against the
proprietors of the mill privilege for damage, and to restrain them
from the flowage of these lands.
This suit was decided in favor of the mill owners; but this decision
not being satisfactory, another suit was brought two years later for
the same purpose, which was also decided adversely to the parties
claiming to be aggrieved by the maintenance of the dam at Billerica.
This put a quietus to the water controversy for many years, and
peace reigned on the Concord. In 1828 the old wooden dam was
replaced by a substantial stone dam, and the enterprising proprietors
kept the wheels of their machinery steadily in motion. The feeling,
however, which had been entertained for many years that the back set of this dam was a nuisance and a serious damage, was not obliter ated by adverse judicial decisions, nor even abated; the belief pre vailed that it was a grievance which could not, and ought not to be
borne. Accordingly in 1862, the question was brought before the
Massachusetts Legislature, with a fixed purpose, on both sides, of giv ing the whole subject a thorough investigation, with a view to a final
adjustment. The land owners argued, that, if the mill owners had
. bought the Middlesex Canal, it did not follow that they had a right
to flow the lands; in fact, they had no right, and could acquire no
right to damage their property, at least, without ample and satis factory compensation. On the other hand, it was proved that in
1798 an addition was made to the original charter of the Middlesex
Canal Company, granting them a right to use the water of the Concord
River for manufacturing or mechanical purposes, and when the fran chise of the Middlesex Canal was purchased by the Messrs. Talbot
& Co., the wvater-power rig/it was included in the purchase. It was
contended that the dam did not cause the overflow of the lands in
question. The Legislatute appointed commissioners, engineers, and
other gentlemen fuily competent, to settle the question on its merits.
The commissioners, assuming the entire control of the water of the
river at and above the ]Billerica Dam for a period of thirty days,
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