Litchfield enquirer., 1860-09-20
Whole No. 1s4s.

h;hs eP"o'ue HIS land covered by such
 highway, it necessarily results that he b.s 'uon at
 been lawfully deprived of such right sltSorh S nJs
 It might perhaps be competent for the ler;slo.,.n
 to provide that, when highway is laid ont ths
 whole title Of the land covered by it should hs
 taken and vested in the State, and Compensation
 be awarded to the owner accordingly, in which case perhaps it would be competent for the Stata to dispose of the herbage, or any other rirhts appertaining to the ownership of the land, in such manner as it should deem it. On this lst. ter point, however, it is unnecessary to give any opinion, as the highway over the defendants land is not claimed to have been laid out in any tI otner than the ordinary mode. In this view of tne question before us, which comprehends the whole argument upon the subject, we feel con. strained to come to the conclusion. that if. bv d ialr construction of the act which has been men. tioned, the provision of the bylaw upon which the plaintiff relies is sanctioned, the act ia mn. warranted, so far as it respects the rights of tha defendant to the herbage of his land.
 We find no decision elsewhere upon the pre. clse point which we are considering, although in several cases the question has been incidentallv glanced at, and in all of them the court has int. mated very strong doubt whether it is compe- tent TOT the legislature to take away or qualify tne right oi the owner of land covered by a highway to it's herbage, without compensation therefor. We. would content ourselves with n reference merely to those cases Houaelav V. Ma''sh Wend., l42. Gidney V. Eorl. IF i'd. 99. I've IonaUand,a R. R. O. V, Munoer 5 Denio, 255. 1Vhite V. Scot, Barb, 57. Sec also Bush V. Braiaard, Cow, 79, note. and i Cowen's Civil Jurisdiction of Justices of Peace. 4l5 In none of the cases, excepting G,fhin v. 1hd'fIn Y Barb, 297, has different opinion been lntlmated In that case, according to the view taken of it by the court, the question was Xya In vof Al.
 of the reasoning upon it by the learned judge giving the opinion of the court. The plaintiff has referred us to that case as an authority in hls favor on the present question. It will, how ever, appear by an examination of it, that it was not decided upon the general ground that the owner of land covered by a highway. where on- ly the right of the public to pass upon it was sequestered, and the damages assessed accord lngly, was lawfully deprived of any use of his land consistent with such right of passage, and consequently to the right to the herbage, but upon the ground that, in the case then under consideration, the whole right and title of the owner should be deemed to have been seuues- tered for the highway and compensation made for It. It therefore has no application to the present case We have been referred to by the plaintiff to no other authority which bears upon the question. We are therefore of the opinion that the license given to the plaintiff was void. WHEN PARsON BR0WNL0W WILL
 JOIN THE DEMOCRATS.
 An Arkansas correspondent who proba- ply wanted to "wake up" Rev. MT. Brown low of the Knoxville (Tenn.) W1ig, wrote to the latter stating that he had learned with pleasure upon what he considered Ire liable authority" that MT. Brownlow was 2 2, hnnt tn join the Democrats, and asked for lPGr8as5abs Ga5 1s date of that interesting occur
 KNOXVILLE, Aug. 6, 1860.
 MR. GORDON CLARK Fl have your letter of the 30th ult., and hasten to let you know ;he precise time when I expect to come out md formally announce that have joined he Democratic party. When the sun shines 1t midnight, and the moon at midday when man forgets to be selfish, or Demo- crats lose their inclination to steal-when nature stops her onward march to rest, or all the water courses in America flow up flowers lose their odor, and trees shed no leaves-when birds talk, and beasts of burden laugh-when damned spir- its swap hell for heaven, with the angels of light, and pay the boot in mean whiskey- when impossibilities are in fashion, and no is too absurd to be believed, you may credit the report that l have joined tho Democrats
 / join the Democrats Never, 50 long as there are sects in churches in gar. dens-aeas in hog pens--dirt in victuals--- disputes in families--wars with nations. water in the ocean-bad men in America, or base women in France No, Jordan Clark, you may hope-you may congratu- late-you may reason-you may sneer-but that cannot be. The thrones of the Old World-the Court of the Universe--the governments of the world may all fall and crumbe into ruin-the New World may commit the national suicide of dissolving the Union, but all this must occur before I join the Democracy
 / joim the Democracy Jordan, you know not what you say-when join the Democ- racy the Pope of Rome will join the Meth. odist church-when Jordan Clark of Arkan- sas, is President of the Republic of Great Britain, by universal suffrage of contented people-when Queen Victoria consents to be divorced from Prince Albert, by county court in Kansas-when Congress obliges by law James Buchanan to marry European Princess--when the Pope leases the Capitol at Washington for his city residence-when Alexander of Russia and Napoleon of France are elected Senators to Congress from New Mexco-when good men cease to 20 to Heaven or bad men to hell-when D proof is afforded but clear and unquestion- able that there is no God--when men turn to ants, and ants to elephants, will change my political faith and come out on the side of Democracy!
 Supposing that this full and frank letter will enable you to fix upon the period whom will come out full grown Democrat, and to communicate the same to all whom it may concern in Arkansas.
 Some years ago, 8 young man rom Just across the Connecticut, who was attending our village academy, became sadly infected with the notion that all our maidens were m love with him. While in this state of mind, it fell to his lot to see Miss H. safely to
 her fathers domiciI On arriving at the
 door, the lady invited him to enter. He dld
 so After a few moments conversation nc
 rose to leave, and as Miss H. was showing him the door and innocently enough remark
 ed that she would be pleased to see him
 apain Here was an occasion for the exer-
 cise of Jonathans courage and moral prin.
 ciple. Expanding himself to his tallest
 height, with graceful but determined incli-
 nation of the head, he replied; " I should