FARMERS' REGISTER- FENCE LAW. 



399 



THK FENCE LAAV. 



To Ilu' Kdilor of llio Fanners' Kcgistcr. 



I uni glud to see tliat attention is directed to tlie 

 law of enclosures, as it at present exists. On this 

 subject a good beginning may be made in the le- 

 gislature of Virginia, to encourage agricultural 

 iniprovcnient. The law as it is at present, is cer- 

 tainly not a wise one. It is oppressive in its na- 

 ture, and detrimental to the interests of agricul- 

 ture. Coukl not some one go back to the date ol' 

 that law, and by detailing circumstances, throw 

 some liglit on this subject? 



As tiie law at present stands, the careless far- 

 mer is made the assailant, while the judicious 

 fiirmer, wishing to practice economy, is made the 

 assailed. Let an examj)le be adduced. Let us 

 supj)ose two farmers, Avhose lands join. The one 

 comes in possession oi^ his farm, as an inheritance 

 li'om injudicious ancestors, who jireviously to his 

 taking possession, and very likely before he was 

 born, had cut most of his rail timber, leaving him 

 not enough to enclose all his open land, and scarce- 

 ly sufficient to erect a 'Haivf id fence''' around his 

 cultivated (ields. His more fbriunate neighbor has 

 an abundance of" timber to enclose the whole of 

 his farm with more than a lawful fence. The lat- 

 ter can turn his stock out, and what is the conse- 

 quence? It must be at once obvious. The scanty 

 farm, or a great part of it, becomes a pasture for 

 his neighbor's stock. Tlie first flirmers unenclosed 

 land will be picked clean, while at the same time 

 he lives in constant dread, that his fence will not 

 prove f )r his crop a barrier to their encroachments. 

 Thus, the unenclosed land is empoverished by his 

 neighbors cattle. But suppose the last be re- 

 quired to keep his stock on his own land: the out- 

 land would rest, and become rich. This is but an 

 example of thousands of instances all over this 

 State; thus presenting Virginia, as one large 

 common, like the fabled giant in the ancient hell, 

 whose liver is ever devoured by dogs, but never 

 completely destroyed. What would be the result 

 if every farmer was required to keep his stock on 

 his own land? Their out-lands would improve, be- 

 cause they would be as enclosed lands. The 

 number of stock would be lessened, while the 

 quality would be impro^'ed. Soiling would be 

 commenced; and the good effects of not having 

 out-lands grazed, would soon prove to the fi\rmer 

 that his cultivated lands should not be grazed, and 

 that he would gain more by letting his grass en- 

 rich his lands, than by permitting his stock to eat 

 it, or tread it down. 



Coukl these happy results be realized, what a 

 change Avould be effected in Old Virginia. I 

 should like, sir, to see an estimate made of the 

 number of acres of unenclosed land now in Virgi- 

 nia, which is left the prey to strolling cattle. I 

 have not the data by which any estimate could be 

 made. If some tolerably correct account could be 

 given, it might serve to awaken more attention to 

 this subject. How frequently, in passing over the 

 county, do we see farms from some cause or other, 

 deserted, with fences down, the prey of every 

 man's cattle! Farms in the neighborhoods of vil- 

 lages frequently suffer much in this way. As the 

 law at present exists, one man is required to keep 

 his neighbor's stock off of his cultivated lands, 

 while they may legally run on his out-land. As 

 it should be, every man should be required to keep 



his stock on his own land, and off of his neigh- 

 bor's. In a i)rovision of this sort, the dimensions 

 of the fence miglit not be mentioned. This the 

 owner could best judge oi! One obvious result 

 would grow out of this provision; the same fence 

 would more frequently be made to serve two 

 neighbors, and in this way, bones of contention 

 would be removed. Instead of each leaving un- 

 enclosed lands between them, one fence, woufd be 

 on the line. But I leave abler pens to point out 

 the many good results of such a provision. One 

 more thought, and I am done. Laws to be obey- 

 ed, must tend to promote the interests of all, or a 

 decided majority. The law as it novv is, is detri- 

 mental 1o a majority — and its breach tends to the 

 direct interest of not a few. Take the examjile 

 first cited. If A, who has the good fence, is not 

 the man he should be, he cares not how much B's 

 crop is injured. He might be even tempted to 

 throw down a tottering rail, or to leave a gap. 

 The law, as it should be, would be to the decided 

 interest of a majority. B would soon have the 

 law on A, if he did not keep up his stock. And 

 the fact that neglect on his part would tend di- 

 rectly to his injury, would make him careful. The 

 old English law on this subject was very strict: 

 forfeiture with heavy damages. 



If the legislature will not adopt the recommend- 

 ed provtsion, surely the palpable evils of the pre- 

 sen+ laiv will demand a repeal. But, sir, may we 

 not look for better things from the legislature of 

 Virginia? Will not men consult their oion interest? 

 A bright day is dawning on Old Virginia, if her 

 patriotic sons who represent her interests, will 

 make the move. Certainly many members of the 

 present legislature, read your valuable journal. 

 Some, I knovf', contribute to its columns. Will 

 they direct their first attention to this point? It is a 

 good subject for a beginning. They may take a 

 burden or a grievance ofl", if they will not confer a 

 direct benefit. Your public spirited correspondent 

 well remarks, that next to "general education," 

 ihis subject demands the most attention. This 

 was well said: and agricultural improvements re- 

 qaii'e aids to be effected just as the mind re(iuirea 

 systems of education." Godspeed the day when 

 the genius of education shall shed her mild but 

 brilliant light over every part of our beloved State, 

 leav'.ng no "corner" where ignorance with her 

 •'hideous crew," may dwell, the ready handmaids 

 of ranpant ambition, or arch decej)tion — and when 

 agriculture will present a "smiling land." 



T. B. MCR. 



Retirement, Prince Edward. 



INFLUENCE OF THE 3IOON ON VEGETATION. 



To the Ed-tor of the Farmers' Register. 



An opinion prevails to a considerable extent, 

 that the moon has an influence on the weather: 

 that is, that changes of weather are more likely 

 to occur about the full, quarters, and change of the 

 moon, than at other times. On this subject many 

 observations have been made, and a number of 

 essays written, pro and con, but without settling 

 the question. 



Anothe- opinion, the influence of the moon on 

 vegetatior, though less common, is more firmly 

 believed in and acted on by those who embrace it, 

 than the other. I do not, however, recollect to 

 have seen any thing in piint on this subject. 



