Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1848-08-18
From the Cultivator for August.
How 1t can be Done.

i"ture OF connecticut, AT tnclr next session
would pass a law similar TO the one in Massa
, ;llusctts," for preventing animals from rnnnin.
At large in the highway. For Mr. Aliens sake
ind for the comfort and convenience of all goot
; people of the "land of steady habits" we wisf
so too; and when we look at the fitness of the
law, and its general influence on the well being
OF the farmer, we wish that it might be adopted
; ny every State in the Union. Nor do we consid
er this wish vain, or one unlikely at some time
to be realized
The utility Of such law H. lnIuestionable
IL IS The pledge of the public to guarantee ind
'ldnal rights in property, portion of which is
taken for public benefit. When Il " highway i.
laid out the only claim which the public IN Ike
upon tue premises, is the right Of trnrel anil re
par. Tie right of soil with the grass and tree.
growing upon it, remain vested in the owner o
the premises from whom the land is taken
rms point Is settled by common law Of ancient
dae. Thus it is said: Though every high
way is said to be the Kings, yet this must be
understood so as that in every highway the King
and his subjects may pass and repass at theil
pleasure"
But the freehold, and all the profit of the
trees, &c belong to the lord of the SOIL or the
owner Of the land on each side of the way
Also, " the lord of the soil shall have an action
of trespass for digging the ground" See abriLg
ment of common law, vol. 3, page 69i. Land
covered by highway may be recovered by a
writ of ejectnent," where the public abuse their
right. Lord Mansfield in delivering the opinion
OF the court IN case of ejectment, Says the
King his nothing in highway, but a passa &c
tor himself and his people, but the freehold and
all the profits belong to the owner of the soil ; So
do all the trees upon it and mines under it, which
may be extremely valuable" Mr.. Justice Fos-
ter tn., Of, l,o l, H.
and under the ground, except only passage for
the King and his people" Thus far we quote
the common law Of England, and the opinions
of her courts
Judge Putnam, in giving the opinion Of the
court IN the case Of Stackpole & al W. IIealv.
(vIdc Mass. Reports, vol. Is, pages 81, 3D. says
=" hold It to be clear that the public have no
other right but that OF passing and rcpassing
aud that the title to the land, and all the profits
to be derived from it, consistently with, and sub.
jet to the right of way remain in the owner of
the soil The owner may maintain tres pass
for any injury to the soil, which is not inciden.
Ia to the right of passage acquired by the peo-
pe.'
1t is then given as the opinion Of the court tina,
1T is not lawful, therefore, for the public to put
the cattle in the highway to Craze. For when
ever one would justify taking the property O
"'o''cis III Nh'uc VI uCt1lse OF u WAY, he mus
plead and prove that he used the way as way
ana not Tor any other purpose" Judge +. theI
lows: II one drive "a herd of cattle along tn,
highway, where trees or wheat or any other kin,
OF corn is growing, if one of the beasts take
parcel Of the corn, if il be against the will of tn
driver he may well justify, for the law will inten
that a man cannot govern them at all times as h
t would; ont i he permitted them dc, then il i
oiher,ciSe."
Such then is the English common law in tn
matters of h ghways, and such are the opinion
of her justices. Our statutes are in many in
: stances very wisely based on those laws, and il
, accordance our learned chief justice Parker ha
: given the opinion above cited. That such law
!, and such statutes are based on principles q
, strict justice to the public, who claim the rich
! Of way, and the individual through whose prem
lses the way passes, cannot admit of a doubt -
The public receive all they claim; all that cal
be OF any service to them, in securing the RICH
of travel and repair. They do not ask, AS
public body, the right of pasturage, or of plow
ing and sowing or moving. II they did il woul
) operate as an unequal right, which part nigh
enjoy, while others would have no opor'unit
; or disposition to avail themselves of it, On IN
contrary, it is tor the public convenience a 3,
public interest to leave their right Of soil and it
. productions in the hands of the original propre
. tor, and further by cool laws TO protect him il
that right. Where would the comfor, or tn
SAFETY VI ''' traveller ;, " all sorts OF animal
Mr,e an'"cu 10 run 'na'scr'hinltely, IN on
, "s"W'!s hete' he ih'St be exposed to III
. " tr VI '''o''nnS ohi, there an nnmanage
aoe morse 'nn!lt blockade his path, and perliap
c"''"Se' MS ne many advocates OF stree
/ p'''"r"'e' "onIu no doubt say keep such an
mails hut lnt nthnrs n,,,,
highways are Pnbf'r pastures, they have as goo
. 'gh' 'here a the 'nnoc mt lamo. u they ar
P''''reS' thry are pastures Tor every KIND
lar'n STOCK Ihls is fully confirmed D. L e prac
uce OF Inc advocates OF street feeding.
Street feeding is an encroachment on indiyid
! uil rights to an amount more than equivalent
/ Nil the benefits that can result from it. Man
farmers would never on any onsidcration pei
mi, their animals to run at large. They choo,,
; like thrifty men to keen them in their own er
closures, where they are safe from the exposure
; to which animals running at large are inbl,
and where they are always sure to find thel
/ when needed. Such m N are forever iormcn,e
, BY street cattle, which usually 90 in herds. an
are forever picking quarrcls with tho, in ei
closures adjoining The hi MISUNDERSTANDING dow
fences and teaching other cattle TO do 50, an
lighting when the fence, are down. Many
u nuiet and orderly stool, has b,an m,do unriII
! and of cours, of derereciated valuc Inv OWL ~
), sociatons viii, ,n;,,,Is rnnni,, a, I,r,o
: nul 'here are o'her wrongs 10 wh'ch 'hu''inoa