fully do her duty in the matter. Judge Bellows expressed! 

 the same opinion concerning New Hampshire. At that 

 time Connecticut had no commissioners upon the subject, 

 therefore no expression of opinion for that state was given. 



Before Massachusetts could act consistently in the matter 

 of building fishways over dams on the Connecticut river, 

 it seemed desirable that she should receive some assurance 

 of co-operation from Connecticut. This was impossible 

 until the meeting of the Connecticut legislature, which would 

 be after the legislature of Massachusetts had adjourned. 

 But the legislature of Massachusetts, with its accustomed 

 willingness to advance a worthy object, enacted a law pro- 

 viding for the construction and maintenance of fishways on 

 the Merrimac and Connecticut rivers, but inserted a provision 

 as follows : 



" Sec. 13. Said commissioners may in their discretion 

 delay the definite construction of fishways on the Connecticut 

 river, until they shall be satisfied that such legislation has 

 been adopted by the state of Connecticut, as shall in the 

 opinion of said commissioners be necessary to secure the 

 free passage of the fish above named through that part of 

 said river as runs through said state of Connecticut." 



The legislature also adopted the following preamble and 

 resolution : 



"Whereas, The Connecticut river, in this state, formerly 

 furnished an inexhaustible supply of shad and other kinds of 

 migratory fish, which have now partially disappeared from 

 that portion of said river within this state ; and 



Whereas, There is nothing to prevent the i-eturn of 

 said fish from the sea to our waters, except the want of suit- 

 able fishways over the dam at Enfield Falls, in the state of 

 Connecticut, in such numbers as largely to contribute to the 

 supply of food for the inhabitants of this state ; therefore. 



Resolved, That the attention of the state of Connecticut 

 be invited to this subject, and that it be earnestly requested 

 to take early measures to cause fishways to be constructed 

 over the dam at Enfield Falls ; either requiring this work to 

 be done by the proprietors of said dam or by the exercise 

 of the right of eminent domain, as due alike to the relations 



