Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-04-29
FENCE LAW.

The enormous expensetOw which the farm
ers of the country are subjected, in order
to protect their property from the intru-
sion and depredations of stock belonging
to others, is becoming question Of para
mount importance. The high price of
labor, and the growing scarcity of tim
Der, call for some action among the farm
ers. It would be well to inquire whether
the amount of stock that runs wild in
the woods will justify the great expendi-
ture of keeping up fences. Very few
farmers permit any valuable stock to run
at large, and it would seem that the
objects for which fences are built should
be removed; that is, that fences
should never he made, only to keep stock
confined and not to enclose crops. If
this were done immense sums of money
would be saved to the country and re-
newed and powerful impulse given to
agriculture by reason of its increased
profits.
Farmers, in view of the low price of
produce, need, at the present time, every
encouragement that can be given them
by law, and why our legislators should
require the owner Of property to expend
the greater portion of his profits to pre-
vent trespasses on it by others is ques
ton which involves piece of casuistry
unsurpassed in ecclesiastical annals. A
buys a piece Of land from B,
but before he can use it he must
virtually pay to 9 an equal sum
to prevent his stock from trespassing
uCon it. The enactment of a law protect
ing person in the enjoyment of Lis
property, free from molestatiOn by others,
seems to US TO be the first duty of a
statesman; but so strong is habit that
rights are often lost from the mere neg
lect to assert them. ImmemOrial usage,
though founded on wrong, becomes in
time more powerful than right.
Since writing the shove, we find the
following sensible suggestion on the same
subject from the Carolina CUltjU0iOr.
May we not hope that the Farmers Clubs
throughout the country will take up this
question and discuss it for the enlighten.
ment of our Legislators, who stand, often,
times, in need of such information, and
should be more often instructed in mat.
tiers that concern the public welfare:
'EThe plan of fencing out stock and
fencing in crops, obviously had its origin
| in a condition of things quite unlike thai
which prevails at the present day, in the
older settled and much the larger portion
| of the South. In all new countries, where
the timber has to be gotten rid of in max
ing clearings; where the farms are few,
small and far between. and the range fol
stock p1opoItionslly large and fine, il
/ might be good policy TO enclose fields anC
keep stock upon the range at little or ne
| expense. The same remarks apply pos
/ sibly to certain portions of the country
| now, as for instance the wire grass and
mountain regions of this and Other
| States.
'The early settlers adopting the fenc
ing -in-crop plan, laws adapted to such al
arrangement got upon the statute books,
and of course prevented any one who
might, in after years, suspect the econo
my of turning out his fields and fencing
in his stock, from trying the experiment
Habit too operated powerfully in thu
matter, as it does in everything else