Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1858-04-16
F.. III Es4.tF:'
Ty,g Law OF ENCLOSURES.

Law OF ENCLOSURES. h
S..s,r., Editors:-I have anxiously hoped that t's q
icL,nond papers would have promptly pu tna ar. il
,nro the ..Souiberu Planter of March, 'no ao'e ~ I
o'n ); Trnort Ly llre Er Committee oil the Agi,, =
ultural Society, upon the subject OF "Ehs:o;a e., c
Law [ beg, on behalf of the farmers OF virginia, .a"s j.,
,ou will do so now, and that your eontsnpG.a." $
viii follow the example7 1t is, in the eatnha'o. W. ,
very intelligent farmer, in by far Inc 'a,a d;n% in IL. ,
# the State, a document greatly transcenuiuE
10 US, any subject that has Y. 80,
our late Legislature. From ten years VI eapelie.
and reflection, / have no hesitation 10 sayius
for one, my heirs, executors, &c -ho, y - 80.
,ors-have more al stake 10 the speedy nu1p!ou "
v;sws and carving out The plans set forth IN that
report, than in the whole list OF ran rosai ' ,ha os
ster and stock bills, which have consumer II paa
legislative session. Let every man u e
have this document ~"no - msu,
now many columns it may taSe. Wv ca
afford TO do without Kansas TOR d %eek, ui
purpose. Let the farmers see II elearny' na. ;
matically demonstrated that the nnnser'I ~ , - nss
in Virginia costs an outlay Of FORTY MiL,ios or
And that in hundreds, thousands o , ln'
stances. individual farmers annually e1penu ~ unm
c,ssorv fencing, more than their whole tat acoTIuunno
without including in this estimate either 'hs ,a.a1 =,
the timber for other purposes or the 'aie 0'p"" "
timber lands. ..;,..s daserve
Whatever may be done, the oommltteo ue,I,ae
far higher prsiae than.l am competent 10 g.y1 'uem
for the conn lete and ,ensibR manner ID VIZ tmea
have presented this subject. And, genlie,ufet, you
nav tslk about railroads, &C., to the ena ol ume.
and huild Them too; but until we have q LegIs,a.uie
n,ho are willing and competent to treat taese nv
Of foreclosures" "free.negroes," "grog shops scn
a. thew demand, We shall continue, JUST "nn' "e ~
now-the most contemplate peopie,JS noi,icisns.
and more Of discreet, sober, intelligent. Ja!me.s, IN
our Lepislature; men who are themsei'es, ~ 'neu
own personal interests, representatives . +" .eai
interests of this essentially Agricultural o,ate' Anu
81 ~ c 3 tnn law NJ VAIL uSno
pspers, TO take hold Of these thinga. III they WIN,
And open their columns to Virginia farmers ihs'eau
OF Kansss orators, rail rood builders, Ie.t om", g
nu," they can do much to force Legislators 10 .urn
th,i. attention to them. Give US all tacilitles ana re-
move ali obstacles to profitable work on our farms,
and we can then afford to build all the ran ROADS tnat
are needed. l should be perfectly WILING o un.,o
with my brethren Of Eastern Virginia 10 a soIsnn
nIsdoe 10 vote for no mau for the next Legislature
Who viii not pledge himself to use bis fret ana peS'
efforts to abolish free negroes and the law oil enclosures
Yours, GoocHLAsp'
From the Southern Planter, Of March 1875
REPORT TO THE FARMERS oN
THE LAW OF ENCLOSURES;
nv A resolution OF the Farmers Assembly, It was
made the duty ofthe Executive Committee 10 cram
lns into the subject Of the law OF enclosures, y Ds sn,
other sections Of yirginie. and 10 suggest suon mou.
doations of said Law as they might deem pIops. un'
sInedieut. In fulflment OF this duty the Commi'te
. would respectfully report,
That thew find the following to be the sum sna SUD
s,.nca of the present General Law Of enclosures:
l. Every fence Ave feet high, which il the fence D.
IN a mound, shall include the mound TO the notton
"a of the ditch, shall be deemed q lawful enclosure as u
= sny STOCK which cannot creep through the Sans.
9. II any horses, cattle, aoGs, sheep or goats, sha
;, enter into any grounds, enclosed iy G Lawful fence
, The owner of any such animal shall be liable TO IN
- owner of such grounds for any injury thereby pfr
!, dnced. and for every succeeding treHpaas by sucn al
NAL, the owner thereof shall oe ispie LOT oouoie 9an'
;, Gas. And after having given ut least i've days PR
oIous notice TO the owner Of said animal, OF the rae
: of two previous trsspssses. TIE owner OF such grounc
o shall be entitled to such animal, l /. 20 fouho Hsa'
trespassing on said GROUNDS.
T. The Committee would call attention to the fa'
i that. in principle, this Law ia essentially the same vii
that enacted shortly after the settlement ol the coui
- try, under circumstances the very opposite 10 ino'
which now for the moat part exist. Then the ian'
to be enclosed and cultivated were mere patches. no
for stock were extensive aud valuable, now they a.
a contracted and generally worthless then fenclr
material was abundant, end the best kind now II
e scarce and perishable. II adapted to the wants
the community, and benehcla 10 me ,n.sre a"sb
total change of circumstances as exists In ai F"
eastern portion Of our State. W..
Again, with regard to different sections OF Vire'nl
10 the same law is made to apply 10 the Eas' as III u
- West; where there is little or no fencing tmoer,
20 vbere there 10 an abundance, as we'll where farmh
10 or planting, az where grazing is the object ana p.
of suit of our people. If the law 10 oonencial uno
IA the one set Of circumstances, i must 1e tns leVe.
under the other, and ought to be modified 10 suit l
different pursuits OF the people 10 lnea'ne'eH' ''""
Of the State. o,ar,t;
o.. n. The law will be found TO be unjust In operati
~ as well as wrong In principle. u.,
y In tho case of ~tresspasa It throws the whole burth
70 of proof on the isnd-holder. de sas TO prove pe.s
CO he Ia entitled to damage that his fence Sas q law
"a enclosure, and before he ia entitled to the n0ri"hf'
" damages, he has to prove the identity Of the tresspa
oy ing animal, after q third trespass, and after hTe da
lk previous notice has paeR. S:-en e N.Y. Gt1 a ~
animal. For II ia well known that trespa.ses are pf
- erslly Committed by the most worthless Of animals, I
lie valuable being restrained and cared for at home.
of Now such are the dificuitiea Of proof, and so slight
the prospect OF being unidentified hy 2? appeal to 1,
y" law, that 1t may be confidently asserted that thou
VI cases OF trespass by vicious animals, involving gre
n; loss to the farmer, ere innumsrabls, yet such a thi
as recourse to Law to recover damages is scarce
r known.
* 1t virtually puts the tiler Of the soil who, 6s such
10 incapable of doing wrong to any, al the mercy OF t
10 stock raiser, whose property 10 capable when not
- strained, of immense injury to bis n%riShbor. 1t Writ
10 ally tells the owner of stock, If your ~neighbor does n
enclose hs land with q lawful fence, or it a sudd'
hurricane proslrstes bis fences, which he bas spare
70 pains to make lawful, or il an unexpected fresh
70 sweeps i away, then you may enter upon it With yol
8. hogs and your cattle, and appropriate bis substan'
e. to your use. You are iIIly entitled to as much of b
grass and his crops, as you can ca;ry of in the belll
Ofyour animals. Where is the justice 6fapot License
Why not az we'll soy, If aman does not secure bis bar
or corn.crib, by q good substantial lock, or bolt, or
"a In the night time, c Slet OF wind wrenohes of the dot
or a shutter, then hi, neighbor is fully entitled 10 bel
u himself TO its contents
q iii. II has failed to secure the ends which we ma
reasonably suppose its trainers designed. We ma
\ Presume the object Of the Law was on the one hand
- encourage stock raising and on the other to profet
the tiIsr of the soil. Has the effect Of the law, whic
% has now been In operation two hundred yesrs, bee
!, to increase the profits of stock raising in Eastern VIII
y ginia1 Let the droves of horses, mules, Of fatted ca
u tie and hogs which come annually to us from the Yves
answer. Let the sailed pork. the sailed bsef, the car
Il Glss, the soap, the butter, the cheese, the leatber' a
products Of p~ssturage, which the Northern steamer
. land almost dsily O.. our wharves, answer. Or ha
the effect been to improve ihe breed Of our domestl
animals IL it not notorious on the contrary that I'm
!. der this law, with all uEenGlosed lands used as q com
mon, and appropriated as a range OF worthless 'li'bre'
bulls and bosrs, that strenuous efiorts at improvement
> Of our stock by enierprising individuals have owe
|. and over again been defeated.
Again, has II succeeded any better in giving pro
teotion to the tiller Of the solll With patient cub
) mission to the burthen imposed by the law, and a
, great expense, the farmer may have complied will
. The acquisitions of the statute, he may have defended
bis crops by the erection Of q lawful fence, and yet
3 bis lanes are filled with lean and hungry cattle, lee
on by some nicchievous bull experienced 10 the ar
Of opening a way to inviting cora fields, or with herd
Of roofing and climbing hogs, t~-espasses must anC
will occur. In q night The fruit Of his labor: may bt
swept away, and he is left poorer 10 purae' more EN-
FILTERED in bis feelings towards hs %neighbor, and less
bound to that country which has Jailed to secure tt
him that protection which be has q right to claim al
its hands.
w. In its operation 1t is injurious to the in
terssts of agriculture, because both onerons &c
individuals and oppressive TO the community
Suppose a man has bought lou acres Of land, what
tax has he to pay before be can appropriate its use 10
himself7 To enclose 100 acres in the ordinary way,
s~upposing the land to lie in the best possible shape,
that of a square, will require l,lN pannels OF fence,
or Ia $50 rails, allowing IS rails to the PANEL. To
maui this number of rails out Of such material as lie
now left generally in Eastern Virginia, will require
the work Of one man las days. A negro man bires
at present for sbopt sl4U per anDum, provision and
clothes. So that emitting holidays, Sundays rainy
days, and days Of sickness, bis labor Fer day Is worth
6O cents. To maui the requisite rails then for the