The farmer and mechanic. [volume] (Raleigh, N.C.) 1877-1885, 1879-01-23
The Fence Law.

,,o,ng the laws of North Carolina
,h..ra k one that ought to be repealed
-, once for two reasons, VIZ: flfSl,
I,..n.a If i never enforced; Second,
L..,use il is an outrage on common
sansr and simple Justice We refer
10 the law making 1T a mlsdemean0r,
and therefore punishable with nne or
,n,prisonment, for a planter not keep
;r|a lawful fence about his cleared
gr0und under cultivation. Every fair
T7nindod man must confess til It 1T is
an unjust. unfair, and infamous law,
and it should no longer disgrace the
statutes of a civilized people. Just
think of it d momenf, ana theh rear 70
its injustice and hardSolp, a man mas
4 piece OF land hat he has bought ana
Maid for, and wishes to cultivate, to
make bread for his family, ana yet II
he does cultivate it Without gong TO
the heavy expense and trouble OF en-
closing it with "a Suff1 lent enc a;
least five feet high he viola es the
law OF the land and can be arrested as
a criminal and fined and imprisoned
in the common jail. Is not this con
trary to all ideas of justice: A man
cannot build or keep up a fence except
a. considerable expense and with much
labor, and yet If d poor farmer (eIther
from poverty or intirmity) neglects TO
keep up a lawful fence around his
cleared ground under cultivation, he
is a criminal 10 the eyes of the law, and
upon conviction can be hired out
to pay the fine imposed upon
him, or else be confined In Jail
with thieves and murderers. Is not
this outrageous: Should not such d
law be repealed at once? But it may
be said by some one, that the law Is
not enforced and therefore nobody is
punished. Then why have such a law :
Why not repeal it: Because it is not
enforced, is one good reason why it
should be repealed. AS it is any evil
minded person through malice to some
nelghbOr can have him prosecuted
and imprisoned at any time, for
probably there Is scarcely one farmer
i'll Chatham county but who is liable
To Indictment. Our farmers should
not permit themselves to be thus
placed at the mercy of any camp,
who may wish to harass them and put
them TO costs, but should demand the
immediate repeal of SO odious a law.
The existence of This law and S not
being enforced by our grand juries, is
very demoralizing, because If grand
jurors neglect to enforce one law, they !
may another, and thus their oaths are
violated and justice stitied. Grand
jurors take an oath to present all things
truly as they come to their knowledge,
anu While 1t must be within the
knowledge" of every one that there
are scarcely any lawful fences in the
county, yet Io presentments are
ever made. What a cOnsterp-
atom would be produced.
If our grand jury next week should
present all persons in the county who
do not keep up lawful fences. And
Yet the law and a strict regard for the
smctity of their oaths would require
them to do SO. Is not this bare state
heht, OF itself, sufficient to induce our
people to demand the repeal of such a
ID" we should have none but good
laws, and all good laws should be en>
forced. SO, if a law is not a good one.
~ ought to be repealed, and not al
ioWeu TO disgrace our Statute Book.
we ala not propose, in this article,
10 olScuss the advantages Of the mo
renee law, but simply to demand a
repeal OF the law making it a misde-
Aieahor and a criminal offence for a
person falling to keep a sufficient
letce ABOUT his cleared ground under
CULTIVATION, at least five feet high
chattam Record.