Here are those two earlier Acts:
An ACT to preserve the Navigation of the Rivers and Creeks within the Colony of New Jersey.
[1755]
WHEREAS the Transportation of Timber, Plank, Boards, Hay, and other Things to Market by Water, is a great Conveniency to the Inhabitants of this Colony, and the Preservation of those Advantages are highly worthy the Care of the Legislature:
BE IT ENACTED by the Governor, Council and General Assembly of the said Colony, And it is hereby Enacted by the Authority of the same, that if any Person or Persons, without first obtaining an Act of the General Assembly for that Purpose, shall after the Publication of this Act, erect any Dam, Bank, Sluice, or other Thing, which shall obstruct or prevent the free and uninterrupted Navigation of any River, Creek, or Stream of Water within this Colony, which is used for the Navigation of Boats, or Flats, or for the Transporting of Hay, Plank, Boards, or Timber, or shall Fall any Trees, a cross such Creek, or threw Brush, or other Filth in any Part thereof, between the Mouth thereof and the uppermost Place thereon, now or late used as a Landing, he, she, or they so offending shall severally forfeit the Sum of Five Pounds Proclamation Money, to be recovered by Action of Debt, before any one Justice of the Peace of the said Colony, at the Suit of any Person who will Prosecute the same to Effect, to the sole use of the Prosecutor with Costs of Suit. And the Person or Persons so offending, shall also at his or their proper Costs and Charge immediately remove the Bank, Dams, Sluice, or other Thing so erected, or the Trees so fell across such Branch, or Brush, or other Rubbish thrown, into the same, and the continuance of such Dam, Bank, Sluice, or other Thing so erected or obstructing the Navigation as aforesaid, after a Request made to such Person or Persons who erected the same, to remove the same, and on neglect or refusal, it shall be esteemed a Publick Nuisance.
AND BE IT ENACTED by the Authority aforesaid, that it shall be lawful for any Person or Persons to enter into the said Creek, River, or Stream of Water, and to lay on Shore on the Banks, all such Rubbish as shall obstruct the Navigation thereof, to the least Damage to the Owner of the Land that may be.
AND BE IT FURTHER ENACTED by the Authority aforesaid, that it shall and may be lawful to keep up and repair any Bridge or Bridges on publick Highways; and also all Dams, Banks erected and finished before the publication of this Act, where the said Dam or Bank does not raise the Water so as to overflow the Lands of any other Person or Persons except those who so erected or own the said Dam, and does not Injure or Damage any other Person or Persons whatsoever, by any Ways or Means whatsoever, and to Build such other Brides where publick Highways are or shall be hereafter laid out, over any River, Creek, or Brook as a publick Highway, and there be left in the Channel thereof, a Vacancy not less than Eighteen Feet between the Piers, or Piles of the said Bridges hereafter to be Erected, and that all Rafts and Floats or Hay, Boards, Planks, and Timber, shall have free Passage thro’ the Mill Dams now erected where they have usually of late had that Liberty and Conveniency.
PROVIDED ALWAYS that nothing in this Act shall extend to deprive any Person or Persons of his Right of Action for any Damage accruing to such Person by the keeping up or erecting any Dam, or Bank, or to justify any Person in repairing or keeping up any Dam, that shall raise the Water so much as to overlow the Lands of, or any ways endamage any other Person or Persons, then he, she, or they who hath so Built, or shall own the said Dam.
A Supplementary ACT to the Act, entitled, An Act to preserve the Navigation of the Rivers and Creeks, within the Colony of New-Jersey.
[1762]
WHEREAS the Act, entitled, An Act to preserve the Navigation of the Rivers and Creeks, within the Colony of New-Jersey, through beneficial in its Nature, by making Provision for freeing the Navigation of the said Rivers and Creeks from the Obstructions within the same, yet not making the like Provision, for cutting down and removing from the Banks of said Rivers and Creeks, such Trunks and Limbs of Trees, and such like Obstructions, that hang over and impede the Navigation of the same, renders it necessary to supply that Omission, for Remedy whereof,
BE IT ENACTED by the Governor, Council, and General Assembly, of the said Colony of New-Jersey, and it is hereby Enacted by the Authority of the same. That it shall and may be lawful, for any Person or Persons whomsoever, to cut down and remove from the Banks of any River or Creek within this Colony, all such Trunks and Limbs of Trees, and such like Obstructions, which shall hand over, or any ways interrupt the Navigation of the same, so as such Obstructions be removed with as little Detriment to the Owners of the Lands where the same may happen, as the Nature of the Case will admit, for the Benefit of the Navigation.
There are two manuscripts that I have not examined, but are crucial to this discussion mentioned in Arthur Pierce’s Iron in the Pines. He writes,
Richards came into frequent conflict with the Atsion Iron Works. Lawsuits resulted in at least two cases. One of these involved a canal which the Atsion Company dug between the Mechesetauxen River and Atsion River above Atsion Lake, to gain greater waterpower for the Atsion wheels. Lawrence Saltar was manager of Atsion at the time, with Henry and John Drinker of Philadelphia as partners in ownership, and this canal was long known as “Saltar’s Ditch.” The other major suit, settled by arbitration after many years, involved the old 1765 agreement between Charles Read and John Estell covering ore and coaling wood rights in the land along the Atsion River between Batsto and Atsion. Not long ago a parchment map of this disputed area was included in a State exhibit dealing with New Jersey iron production. Believed to be drawn in 1793, it showed that extensive areas above Sleepy Creek already had been “mined.” Located on the map also are the Batsto forge and furnace. “W. Richards’ Dwelling House,” and the Atsion furnace and forge—on opposite sides of the river from each other—as well as J. Saltar’s House.”
This 1793 map may very well identify the sawmill and the owner or at least the remaining dam and lock that Henry Drinker described in his letter. The other manuscript source would be the case files for the court actions (both the State Supreme Court and the Court in Chancery) that ensued between the owners at Atsion and the owners at Batsto. These sources may clear up most or all of the mysteries involving this dam and the presumed sawmill that once operated there. Perhaps one of these days I will have the time to visit the New Jersey State Archives and review this material. Until then, the puzzles may remain, but I think we have vetted them as much as possible given my sources at-hand.
Best regards,
Jerseyman