280 



NEW ENGLAND FARMER. 



June 



and burden upon the community, would become a 



blessing. 



Will it be said that boys who are fit subjects 

 for such institutions, are less capable of learning 

 than others ? Far otherwise is the fact. Their 

 physical ability is as great or greater, than the 

 same number of any other class of boys ; all they 

 need is intelligent direction to their labor, and 

 strict discipline. Let it be understood that they go 

 there to serve an apprenticeship at farming, and 

 not to do penance for offences against society ; 

 and let there be intelligent supervisors of the State 

 farms, and they will not only become instructed, 

 but they will soon earn their own support. 



So. Danvers, 1862. J. W. Proctor. 



THE DAM AT NOBTH BILLERICA. 



With the brief remarks which follow, we shall 

 close what we have to say, at present, in regard to 

 this legalized oppression. We believe its sup- 

 porters Avill live to see the day when they will have 

 painful remembrances of their eff"orts to destroy 

 the property of their fellow-citizens, for the sake 

 of a little ungodly gain, and crush their best en- 

 deavors to obtain an honest and comfortable sup- 

 port. We do not hesitate to denounce it as a 

 wicked oppression, because it nullifies and destroys 

 the great rule of right left us by the Master, — 

 that "Whatsoever ye would that men should do 

 to you, do ye even so to them." It is no justifi- 

 cation to them to do wrong, because it is legal- 

 ized by a Legislature whose judgment was cor- 

 rupted by untimely and unfair representations. It 

 is contended that slavery is legalized, and that 

 therefore slavery is right ; yet no man with a quick 

 conscience would absolve himself from the crime 

 of slavery, if all the world beside himself should 

 justify it. But we proceed with the history. 



When the new dam, erected by Mr. Osgood, 

 across Concord river, at North Billerica, was con- 

 demned under the Nuisance Act, by the Inferior 

 Court of Sessions, Mr. Osgood "appealed from 

 the judgment of this Court to the next Court of 

 Assizes, and General Jail delivery." This Court 

 was the Superior Court of Judicature. The ap- 

 peal of Mr. Osgood was not tried in this Court. 

 A new method was adopted for settling the con- 

 troversy between the mill-owners and land-own- 

 ers. A committee of three was appointed by the 

 Court "to repair to Billerica as soon as conven- 

 iently may be, in order to view the mills and mill 

 dam of said Christopher Osgood, in said town, to 

 consider what method may be necessary or con- 

 venient to ease the said river of any obstructions 

 and incumbrances, so as that there may be a free 

 and sufficient passage or course for the fish up and 

 down the said river, in the proper season thereof." 

 This committee was ordered to report their doings 

 to the Court which appointed it. 



The eff"orts of the meadow-owners to obtain re- 

 dress for the overflowing of their lands by this 



dam were successful. The first dam was removed 

 by the authority of the Province. They were now 

 engaged in new efforts to obtain a remedy for a 

 grievance by which they were deprived of the nat- 

 ural benefits of the habits of a valuable fish. Of 

 these benefits they were deprived by the new dam 

 erected "without authority," where the old one 

 stood at Billerica. These efforts were successful, 

 as will presently appear. 



This committee reported that they were of opin- 

 ion "that forty feet or thereabouts of the dam of 

 the said Christopher Osgood be taken down from 

 top to bottom, by or before the thirteenth day of 

 March next, and to be left down or open until the 

 thirteenth day of May next ensuing, and so annu- 

 ally from year to year, that the fish may freely go 

 up and down." 



When the Court heard this report, the Sherifif 

 of the county was ordered to attend the committee 

 to Billerica, "in order to inquire and see whether 

 said Christopher Osgood has eased Concord river 

 of the obstructions and incumbrances, which he is 

 complained of by the appellees, and whether he 

 has performed what was proposed" by the last 

 committee. 



This Sheriffs committee immediately attended 

 to their duty, and soon reported that Mr. Osgood 

 had pulled down his dam, as proposed by the first 

 committee. 



The Court took these reports into consideration, 

 and after "a full hearing of both parties," accepted 

 them. Apparently, the difficulty was settled, the 

 dam was required to be kept down two months in 

 the year, and no more complaints against it would 

 have been preferred, had Mr. Osgood acted in 

 good faith. He, however, neglected the very next 

 year to comply with the recommendation of the 

 committee of investigation. The next spring two 

 citizens of Concord visited Billerica and soon made 

 the following affidavit before a Justice of the 

 Peace : "They being at Mr. Christopher Osgood's 

 mill dam in Billerica, they saw his saw mill going, 

 and observed that his mill dam was entirely up 

 and standing from end to end ; and that therefore 

 they asked said Christopher Osgood why part of 

 his mill dam was not pulled down, that so the fish 

 might have a free passage up the river according 

 to the committee's report ; and said Osgood an- 

 swered that it was not pulled down, neither should 

 it be this year, for he was not obliged to do it." 



The meadow owners immediately commenced 

 new efforts for the establishment of their rights. 

 The appeal of Mr. Osgood from the judgment of 

 the Inferior Court was not tried in the Superior 

 Court, but the question was settled in another 

 manner, as has been indicated. This settlement 

 was not regarded by Mr. Osgood. The land 

 owners endeavored to have this appeal tried in the 

 Superior Court of Judicature. This effort was 



