History of Northampton, Massachusetts, from its settlement in 1654;

580 HISTORY OF NORTHAMPTON. [1801.
SO high as the present dam by three feet, or make some
other material alteration in their works, so as to remove
all grounds of complaint, should the Government see fit to
afford them such aid as will enable them to accomplish such
alterations," A petition for aid was to be sent to the Legislature,
and the two towns were requested "to assist the
proprietors by instructing their Representatives to cooperate
with them in obtaining such assistance from the Legisla-
ture.'' Northampton voted to act in accordance with this
suggestion, but stipulated that it would not "sanction the
right of obstructing the waters by erecting a dam in any
way that may be injurious to said towns."
Northampton and Easthampton petitioned
The Towns Petition
for Relief. the Legislature in 1801, in regard to the
sickness occasioned by the
canals, praying that some remedy might be
locks and
devised. A
committee of that body visited the towns during the same
year. They took testimony in regard to the complaints
about fever and ague, made an examination of the works
and of the state of the fisheries. Their report to the Legislature
was made early in the session of the next year. A
lottery to raise $20,000 to make the needed changes was
granted to the proprietors, and they were also ordered to
make compensation to those who had suffered loss from
sickness or otherwise in consequence of the dam. It took
some time to realize the money from this lottery, and not
till 1804 was anything done. In October of that year a
meeting of the suff'erers was held at Asahel Pomeroy's tavern
to devise some method of distributing the money assigned
by the proprietors as compensation for the losses
sustained by the citizens by sickness or otherwise.
Alleged Lawsuits ou In the various accouuts of tliis uudcraccount
of the Dam. taking that havc been published from
time to time, the statement is reiterated
that the company had been indicted for maintaining a
nuisance on the complaint of several of the inhabitants of
Northampton, and ordered by the courts to remove their
dam. It is alleged that in consequence of this verdict all
but the oblique portion of the structure had been taken