Farm drainage / The Principles, Processes, and Effects of Draining Land with Stones, Wood, Plows, and Open Ditches, and Especially with Tiles

by Henry F. French

Now, while we would never advocate any attack upon the rights of mill-owners, or ask them to sacrifice their interests to those of agriculture, it surely is proper to call attention to the injury which the productive capacity of the soil is suffering, by the flooding of our best tracts, in sections of country where land is most valuable. Could not mill-owners, in many instances, adopt steam instead of water-power, and becoming land-draining companies, instead of land-drowning companies; at least, let Nature have free course with her gently-flowing rivers, and allow the promise to be fulfilled, that the earth shall be no more cursed with a flood.

We would ask for the land-owner, simply equality of rights with the mill-owner. If a legislature may grant the right to flow lands, against the will of the owner, to promote manufactures, the same legislature may surely grant the right, upon proper occasion, to remove dams, and other obstructions to our streams, to promote agriculture. The rights of mill-owners are no more sacred than those of land-owners; and the interests of manufactures are, surely, no more important than those of agriculture.

We would not advocate much interference with private rights. In some of the States, no special privileges have been conferred upon water-power companies. They have been left to procure their rights of flowage, by private contract with the land-owners; and in such States, probably, the legislatures would be as slow to interfere with rights of flowage, as with other rights. Yet, there are cases where, for the preservation of the health of the community, and for the general convenience, governments have everywhere exercised the power of interfering with private property, and limiting the control of the owners. To preserve the public health, we abate as nuisances, by process of law, slaughter-houses, and other establishments offensive to health and comfort, and we provide, by compulsory assessments upon land-owners, for sewerage, for side-walks, and the like, in our cities.

Everywhere, for the public good, we take private property for highways, upon just compensation, and the property of corporations is thus taken, like that of individuals.

Again, we compel adjacent owners to fence their lands, and maintain their proportion of division fences of the legal height, and we elect fence viewers, with power to adjust equitably, the expenses of such fences. We assess bachelors and maidens, in most States, for the construction of schoolhouses, and the education of the children of others, and, in various ways, compel each member of society to contribute to the common welfare.

How far it may be competent, for a State legislature to provide for, or assist in, the drainage of extensive and unhealthy marshes; or how far individual owners should be compelled to contribute to a common improvement of their lands; or how far, and in what cases, one land-owner should be authorized to enter upon land of another, to secure or maintain the best use of his own land—these are questions which it is unnecessary for us to attempt to determine. It is well that they should be suggested, because they will, at no distant day, engage much attention. It is well, too, that the steps which conservative England has thought it proper to take in this direction, should be understood, that we may the better determine whether any, and if any, what course our States may safely take, to aid the great and leading interest of our country.

The swamps and stagnant meadows along our small streams and our rivers, which are taken from the farmer, by flowage, for the benefit of mills, are often, in New England, the most fertile part of the townships—equal to the bottom lands of the West; and they are right by the doors of young men, who leave their homes with regret, because the rich land of far-off new States offers temptations, which their native soil cannot present.

It is certainly of great importance to the old States, to inquire into these matters, and set proper bounds to the use of streams for water-powers. The associated wealth and influence of manufacturers, is always more powerful than the individual efforts of the land-owners.

Reservoirs are always growing larger, and dams continually grow higher and tighter. The water, by little and little, creeps insidiously on to, and into, the meadows far above the obstruction, and the land-owner must often elect between submission to this aggression, and a tedious law-suit with a powerful adversary. The evil of obstructions to streams and rivers, is by no means limited to the land visibly flowed, nor to land at the level of the dam. Running water is never level, or it could not flow; and in crooked streams, which flow through meadows, obstructed by grass and bushes, the water raised by a dam, often stands many feet higher, at a mile or two back, than at the dam. It is extremely difficult to set limits to the effect of such a flowage. Water is flowed into the subsoil, or rather is prevented from running out; the natural drainage of the country is prevented; and land which might well be drained artificially, were the stream not obstructed, is found to lie so near the level, as to be deprived of the requisite fall by back water, or the sluggish current occasioned by the dam.

These obstructions to drainage have become subjects of much attention, and of legislative intervention in various forms in England, and some of the facts elicited in their investigations are very instructive.