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

1805.] MEMORIAL TO CONGRESS—CANALS— SCHOOLS. 581
away. A careful investigation of the court records here
reveals no such trial. ^ From the town records quoted
above it appears that up to 1800, the dam remained intact,
and that the company made no effort to change the works
till after the application to the Legislature for pecuniary
aid.
The Canal Improved. Tlicsc troubles had a depressing effect
upon the stock, and the Dutch holders
sold out at a sacrifice, so that the shares came eventually
into the possession of a few men. With the sum realized
from the lottery, the company went forward with their
proposed improvements. Their object was to dispense en-
tirely with the necessity for a dam by lowering the bed of
the canal four feet throughout its length. This expedient
was successful and the change was completed in 1805, the
work being done under the supervision of Ariel Cooley.
The inclined plane, car and cables were abandoned, and the
ordinary canal locks substituted. Mr. Cooley entered upon
a contract with the company to keep the canal in repair,
survey the craft that passed through, and collect the tolls
for fifty years, for one quarter of the gross receipts. In a
few years it was found necessary in order to increase the
facilities of the canal to extend another dam across the
river. This one was built in 1814, and but partiallj^ complet-
ed when winter set in, and during the freshets of the following
spring it was swept away. Another dam was erected
the next year which stood for nine years, when it was car-
ried away. Mr. Cooley having died in the meantime, his
administrators ''rebuilt the dam which still stands and is
marked by a slight ripple where the water joins with the
dead water set back by the great dam of the Hadlej^ Falls
Company." These dams were indicted under the nuisance
act on account of their obstruction to the fisheries on the
river. Mr. Cooley, however, built a fishway, through
which the shad were enabled to pass up the river. This
canal remained in operation till the establishment of the
1 The above stateraeats undoubtedly had their origin in the following paragraph
from Dwight's Travels, vol. 1, p. 323: — " Agitated by these disastrous events, several
of the inhabitants instituted suits against the proprietors of these works, under the
law concerning nuisances. During the trial of one of these suits, the dam was declared
to have been erected illegally. The proprietors were, therefore, liable to an
endless train of prosecutions, of the same nature."