PREFACE

This book closes the series of the Littlepage Manuscripts, which have been given to the world, as containing a fair account of the comparative sacrifices of time, money and labour, made respectively by the landlord and the tenants, on a New York estate; together with the manner in which usages and opinions are changing among us; as well as certain of the reasons of these changes. The discriminating reader will probably be able to trace in these narratives the progress of those innovations on the great laws of morals which are becoming so very manifest in connection with this interest, setting at naught the plainest principles that God has transmitted to man for the government of his conduct, and all under the extraordinary pretence of favouring liberty! In this downward course, our picture embraces some of the proofs of that looseness of views on the subject of certain species of property which is, in a degree perhaps, inseparable from the semi-barbarous condition of a new settlement; the gradation of the squatter, from him who merely makes his pitch to crop a few fields in passing, to him who carries on the business by wholesale; and last, though not least in this catalogue of marauders, the anti-renter.

It would be idle to deny that the great principle which lies at the bottom of anti-rentism, if principle it can be called, is the assumption of a claim that the interests and wishes of numbers are to be respected, though done at a sacrifice of the clearest rights of the few. That this is not liberty, but tyranny in its worst form, every right-thinking and right-feeling man must be fully aware. Every one who knows much of the history of the past, and of the influence of classes, must understand, that whenever the educated, the affluent and the practised, choose to unite their means of combination and money to control the political destiny of a country, they become irresistible; making the most subservient tools of those very masses who vainly imagine they are the true guardians of their own liberties. The well-known election of 1840 is a memorable instance of the power of such a combination; though that was a combination formed mostly for the mere purposes of faction, sustained perhaps by the desperate designs of the insolvents of the country. Such a combination was necessarily wanting in union among the affluent; it had not the high support of principles to give it sanctity, and it affords little more than the proof of the power of money and leisure, when applied in a very doubtful cause, in wielding the masses of a great nation, to be the instruments of their own subjection. No well-intentioned American legislator, consequently, ought ever to lose sight of the fact, that each invasion of the right which he sanctions is a blow struck against liberty itself, which, in a country like this, has no auxiliary so certain or so powerful as justice.

The State of New York contains about 43,000 square miles of land; or something like 27,000,000 of acres. In 1783, its population must have been about 200,000 souls. With such a proportion between people and surface it is unnecessary to prove that the husbandman was not quite as dependent on the landholder, as the landholder was dependent on the husbandman. This would have been true, had the State been an island; but we all know it was surrounded by many other communities similarly situated, and that nothing else was so abundant as land. All notions of exactions and monopolies, therefore, must be untrue, as applied to those two interests at that day.

In 1786-7, the State of New York, then in possession of all powers on the subject, abolished entails, and otherwise brought its law of real estate in harmony with the institutions. At that time, hundreds, perhaps thousands, of the leases which have since become so obnoxious, were in existence. With the attention of the State drawn directly to the main subject, no one saw anything incompatible with the institutions in them. It was felt that the landlords had bought the tenants to occupy their lands by the liberality of their concessions, and that the latter were the obliged parties. Had the landlords of that day endeavoured to lease for one year, or for ten years, no tenants could have been found for wild lands; but it became a different thing, when the owner of the soil agreed to part with it for ever, in consideration of a very low rent, granting six or eight years free from any charge whatever, and consenting to receive the product of the soil itself in lieu of money. Then, indeed, men were not only willing to come into the terms, but eager; the best evidence of which is the fact, that the same tenants might have bought land, out and out, in every direction around them, had they not preferred the easier terms of the leases. Now, that these same men, or their successors, have become rich enough to care more to be rid of the encumbrance of the rent than to keep their money, the rights of the parties certainly are not altered.

In 1789, the Constitution of the United States went into operation; New York being a party to its creation and conditions. By that Constitution, the State deliberately deprived itself of the power to touch the covenants of these leases, without conceding the power to any other government; unless it might be through a change of the Constitution itself. As a necessary consequence, these leases, in a legal sense, belong to the institutions of New York, instead of being opposed to them. Not only is the spirit of the institutions in harmony with these leases, but so is the letter also. Men must draw a distinction between the "spirit of the institutions" and their own "spirits;" the latter being often nothing more than a stomach that is not easily satisfied. It would be just as true to affirm that domestic slavery is opposed to the institutions of the United States, as to say the same of these leases. It would be just as rational to maintain, because A. does not choose to make an associate of B., that he is acting in opposition to the "spirit of the institutions," inasmuch as the Declaration of Independence advances the dogmas that men are born equal, as it is to say it is opposed to the same spirit, for B. to pay rent to A. according to his covenant.

It is pretended that the durable leases are feudal in their nature. We do not conceive this to be true; but, admitting it to be so, it would only prove that feudality, to this extent, is a part of the institutions of the State. What is more, it would become a part over which the State itself has conceded all power of control, beyond that which it may remotely possess as one, out of twenty-eight communities. As respects this feudal feature, it is not easy to say where it must be looked for. It is not to be found in the simple fact of paying rent, for that is so general as to render the whole country feudal, could it be true; it cannot be in the circumstance that the rent is to be paid "in kind," as it is called, and in labour, for that is an advantage to the tenant, by affording him the option, since the penalty of a failure leaves the alternative of paying in money. It must be, therefore, that these leases are feudal because they run for ever! Now the length of the lease is clearly a concession to the tenant, and was so regarded when received; and there is not probably a single tenant, under lives, who would not gladly exchange his term of possession for that of one of these detestable durable leases!

Among the absurdities that have been circulated on this subject of feudality, it has been pretended that the well-known English statute of "quia emptores" has prohibited fines for alienation; or that the quarter-sales, fifth-sales, sixth-sales, &c. of our own leases were contrary to the law of the realm, when made. Under the common law, in certain cases of feudal tenures, the fines for alienation were an incident of the tenure. The statute of quia emptores abolished that general principle, but it in no manner forbade parties to enter into covenants of the nature of quarter-sales, did they see fit. The common law gives all the real estate to the eldest son. Our statute divides the real estate among the nearest of kin, without regard even to sex. It might just as well be pretended that the father cannot devise all his lands to his eldest son, under our statute, as to say that the law of Edward I. prevents parties from bargaining for quarter-sales. Altering a provision of the common law does not preclude parties from making covenants similar to its ancient provisions.

Feudal tenures were originally divided into two great classes; those which were called the military tenures, or knight's service, and soccage. The first tenure was that which became oppressive in the progress of society. Soccage was of two kinds; free and villian. The first has an affinity to our own system, as connected with these leases; the last never existed among us at all. When the knight's service, or military tenures of England were converted into free soccage, in the reign of Charles II., the concession was considered of a character so favourable to liberty as to be classed among the great measures of the time; one of which was the habeas corpus act!

The only feature of our own leases, in the least approaching "villian soccage," is that of the "day's works." But every one acquainted with the habits of American life, will understand that husbandmen, in general, throughout the northern States, would regard it as an advantage to be able to pay their debts in this way; and the law gives them an option, since a failure to pay "in kind," or "in work," merely incurs the forfeiture of paying what the particular thing is worth, in money. In point of fact, money has always been received for these "day's works," and at a stipulated price.

But, it is pretended, whatever may be the equity of these leasehold contracts, they are offensive to the tenants, and ought to be abrogated, for the peace of the State. The State is bound to make all classes of men respect its laws, and in nothing more so than in the fulfilment of their legal contracts. The greater the number of the offenders, the higher the obligation to act with decision and efficiency. To say that these disorganizers ought not to be put down, is to say that crime is to obtain impunity by its own extent; and to say that they cannot be put down "under our form of government," is a direct admission that the government is unequal to the discharge of one of the plainest and commonest obligations of all civilized society. If this be really so, the sooner we get rid of the present form of government the better. The notion of remedying such an evil by concession, is as puerile as it is dishonest. The larger the concessions become, the greater will be the exactions of a cormorant cupidity. As soon as quiet is obtained by these means, in reference to the leasehold tenures, it will be demanded by some fresh combination to attain some other end.

When Lee told Washington, at Monmouth, "Sir, your troops will not stand against British grenadiers," Washington is said to have answered, "Sir, you have never tried them." The same reply might be given to those miserable traducers of this republic, who, in order to obtain votes, affect to think there is not sufficient energy in its government to put down so bare-faced an attempt as this of the anti-renters to alter the conditions of their own leases to suit their own convenience. The county of Delaware has, of itself, nobly given the lie to the assertion, the honest portion of its inhabitants scattering the knaves to the four winds, the moment there was a fair occasion made for them to act. A single, energetic proclamation from Albany, calling a "spade a spade," and not affecting to gloss over the disguised robbery of these anti-renters, and laying just principles fairly before the public mind, would of itself have crushed the evil in its germ. The people of New York, in their general capacity, are not the knaves their servants evidently suppose.

The assembly of New York, in its memorable session of 1846, has taxed the rents on long leases; thus, not only taxing the same property twice, but imposing the worst sort of income-tax, or one aimed at a few individuals. It has "thimble-rigged" in its legislation, as Mr. Hugh Littlepage not unaptly terms it; endeavouring to do that indirectly, which the Constitution will not permit it to do directly. In other words, as it can pass no direct law "impairing the obligation of contracts," while it can regulate descents, it has enacted, so far as one body of the legislature has power to enact anything, that on the death of a landlord the tenant may convert his lease into a mortgage, on discharging which he shall hold his land in fee!

We deem the first of these measures far more tyrannical than the attempt of Great Britain to tax her colonies, which brought about the revolution. It is of the same general character, that of unjust taxation; while it is attended by circumstances of aggravation that were altogether wanting in the policy of the mother country. This is not a tax for revenue, which is not needed; but a tax to "choke off" the landlords, to use a common American phrase. It is clearly taxing nothing, or it is taxing the same property twice. It is done to conciliate three or four thousand voters, who are now in the market, at the expense of three or four hundred who, it is known, are not to be bought. It is unjust in its motives, its means and its end. The measure is discreditable to civilization, and an outrage on liberty.

But, the other law mentioned is an atrocity so grave, as to alarm every man of common principle in the State, were it not so feeble in its devices to cheat the Constitution, as to excite contempt. This extraordinary power is exercised because the legislature can control the law of descents, though it cannot "impair the obligation of contracts!" Had the law said at once that on the death of a landlord each of his tenants should own his farm in fee, the ensemble of the fraud would have been preserved, since the "law of descents" would have been so far regulated as to substitute one heir for another; but changing the nature of a contract, with a party who has nothing to do with the succession at all, is not so very clearly altering, or amending, the law of descents! It is scarcely necessary to say that every reputable court in the country, whether State or Federal, would brand such a law with the disgrace it merits.

But the worst feature of this law, or attempted law, remains to be noticed. It would have been a premium on murder. Murder has already been committed by these anti-renters, and that obviously to effect their ends; and they were to be told that whenever you shoot a landlord, as some have already often shot at them, you can convert your leasehold tenures into tenures in fee! The mode of valuation is so obvious, too, as to deserve a remark. A master was to settle the valuation on testimony. The witnesses of course would be "the neighbours," and a whole patent could swear for each other!

As democrats we protest most solemnly against such bare-faced frauds, such palpable cupidity and covetousness being termed anything but what they are. If they come of any party at all, it is the party of the devil. Democracy is a lofty and noble sentiment. It does not rob the poor to make the rich richer, nor the rich to favour the poor. It is just, and treats all men alike. It does not "impair the obligations of contracts." It is not the friend of a canting legislation, but, meaning right, dare act directly. There is no greater delusion than to suppose that true democracy has anything in common with injustice or roguery.

Nor is it an apology for anti-rentism, in any of its aspects, to say that leasehold tenures are inexpedient. The most expedient thing in existence is to do right. Were there no other objection to this anti-rent movement than its corrupting influence, that alone should set every wise man in the community firmly against it. We have seen too much of this earth, to be so easily convinced that there is any disadvantage, nay that there is not a positive advantage in the existence of large leasehold estates, when they carry with them no political power, as is the fact here. The common-place argument against them, that they defeat the civilization of a country, is not sustained by fact. The most civilized countries on earth are under this system; and this system, too, not entirely free from grave objections which do not exist among ourselves. That a poorer class of citizens have originally leased than have purchased lands in New York, is probably true; and it is equally probable that the effects of this poverty, and even of the tenure in the infancy of a country, are to be traced on the estates. But this is taking a very one-sided view of the matter. The men who became tenants in moderate but comfortable circumstances, would have been mostly labourers on the farms of others, but for these leasehold tenures. That is the benefit of the system in a new country, and the ultra friend of humanity, who decries the condition of a tenant, should remember that if he had not been in this very condition, he might have been in a worse. It is, indeed, one of the proofs of the insincerity of those who are decrying leases, on account of their aristocratic tendencies, that their destruction will necessarily condemn a numerous class of agriculturists, either to fall back into the ranks of the peasant or day-labourer, or to migrate, as is the case with so many of the same class in New England. In point of fact, the relation of landlord and tenant is one entirely natural and salutary, in a wealthy community, and one that is so much in accordance with the necessities of men, that no legislation can long prevent it. A state of things which will not encourage the rich to hold real estate would not be desirable, since it would be diverting their money, knowledge, liberality, feelings and leisure, from the improvement of the soil, to objects neither so useful nor so praiseworthy.

The notion that every husbandman is to be a freeholder, is as Utopian in practice, as it would be to expect that all men were to be on the same level in fortune, condition, education and habits. As such a state of things as the last never yet did exist, it was probably never designed by divine wisdom that it should exist. The whole structure of society must be changed, even in this country, ere it could exist among ourselves, and the change would not have been made a month before the utter impracticability of such a social fusion would make itself felt by all.

We have elsewhere imputed much of the anti-rent feeling to provincial education and habits. This term has given the deepest offence to those who were most obnoxious to the charge. Nevertheless, our opinion is unchanged. We know that the distance between the cataract of Niagara and the Massachusetts line is a large hundred leagues, and that it is as great between Sandy Hook and the 45th parallel of latitude. Many excellent things, moral and physical, are to be found within these limits, beyond a question; but we happen to know by an experience that has extended to other quarters of the world, for a term now exceeding forty years, that more are to be found beyond them. If "honourable gentlemen" at Albany fancy the reverse, they must still permit us to believe they are too much under the influence of provincial notions.