New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1845-09-25
Anti.Reus-.JudseP arker's CHARGE.

Anti. X eut-JudGe Pnrkers nhrhe'
The Cour, Of Oyer and Terminer for Delaware
County was opened on Monday by Hon. AhAsA ).
PARKER, Circuit Judge. in able and lucid charge
to the Grand Jury mainly the subject OF the An
Trent troubles and ourages in that County. We
find this charge reported in the Herald, snd copy
those portions of II which are Of general bearing and
interest. Il viii be seen that the Judge takes more
decided ground against the continuance 9th Lease
hold System and points to the Legislature for rem
edy. we beg the Express not to charge this doc
;rine upon Us
Gentlemen Il becomes my duty the present occs
sion, in accordance with long established usage 10 cal
your attention TO the STATE Of The County as regards
crime and 10 instruct you IN regard the duties that de-
volve upon YOU. We for the purpose Of dscharg
n- our respective duties under very extraordinary cir
cumsiances For the lrst time IN the history OF thls
state Court OF Oyer and Termlner q opened IN Coun
u declared in state Of Instruction We md ourselves
here surrounded By military force whose aid II was
found necessary obtain IN order 10 enforce the aw and
preserve the public peace. Your as are FILED 10 over
lowing and Al around you have the evidences Of ansr
cy and crime. Is certainly most extraordinary state
OF circumstances % BE- presented IN any section OF TIE
Union, but least of al would be looked Tor here-n
County which for nearly fifty years has been foremost
in us attachment 10 the institutions Of the country
which has been known abroad as containing popWa
ton industrious and yirtuous and comparatively Tree
Executive Of the state 70 be IN state Of nsurrecuon
Il certainly most melancholy picture that's thus pre-
sened Al hands to your eye and great as always are
the respOnsb that devOve Grand Jury they
are infinitely increased occasion Ike the present
Al all times your duties are OF high importance. tor
you take the first step in the punishment Of crime
You stand in the first rank in administering penal JUS
tee II you ster the discharge Of your duty crime
goes unpublished and the lives and property OF the Gem
muniiy unprotected Il H. therefore, AZ all times
most important duty that devoves upon the Grand IN
Ns.sfn NJ cir
bscomes invested with far than usual weight and
solemnty. When the government OF the country and
the very existence of free institutions haye been
perei by rebellion in your midst, and which nave been
preserved only by the strong OF the law aided by
military i0rce- seems 20 me that your duty cannot be
discharged with perfect fidelity. without looking back
upon the OF this most unfortunate state OF things
II well known that this matter originated in the differ
ences between landlord and tenant feeling OF deep
hostility against the leasehOd titles that are held from
the landlords has pcryaded very srge poron OF ,ne
State that feeling had been manifested only IN dis
of that question. either by individuals or by
associaiions-either by the public press or by public
meetings. had been confined 10 such discussions
no evil but probably good, would have Been the
result But it il deeply be regretted that those resi-
ding these leasehold farms should have been so far
msed place themselves IN an attitude Of resistance
agan. the law and thus violated, 10 the greatest eN
tent the rights of others il undoubtedly true that
sympathy has been felt. throughout the whole commu
nifty for those who hold their farms BY easehod titles
There was general feeling that II kind OF tenure
not compatible with the nature OF our institutions
II was regretted that had existence. Tha, sympathy
would si have existed and still have encouraged those
who held landed property BY that tenure to lair and
peaceable discussion OF the SUBJECT and contributed
largely to settlement the differences that existed be-
tween them and those landlords II they had not pro
ceeded Of violence even 20 the shedding OF blood
That mas turned back the stream Of sympathy II can
not be expected tina the sympathy OF an honest cornmu
nifty will be extended to those who violate the laws and
array themselves against the very Government under
which they live.
An act Of the Legislature that would declare con
tract fairly and honestly entered into, null and void
would be itself void because u would conflict with the
provisions OF the Constitution OF the United states ana
all from the highest to the lowest would be bound
10 deny its validity Vested rights cannot be iniinged
upon II the conditions thus voluntarily assumed by the
tenant be Onerousf desirable that he should De us
charged from them-it must be done by compromise
By purchase-by arrangement But in no case can the
law step and declare such contract between the par
ties void deem IL my duty on the present occasion
thus fully and frankly exp ain the law as 20 these mat
ters-because speak 10 the whole country through you
standing in position in which cannot possibly have
any interest in question OF TINS KIND deem II my
solemn duty 20 speak plainly and say TO you what ought
10 be the opinion entertained Of this subject and posi-
be 10 csunteract the evil influences which nave grown
out of wrong impression Doubtless there are some
means within the reach Of the Legislature. Ihey may
modify the remedy but they cannot interfere with the
right That il power never conferred upon them by
the people and in free government 1t never can be
Doubtless the Legislature may abolish the law autnorZ
ing distress for 10 most cases because tha' does not
take away the right collect II otherwise. They may
tax the rent accruing to the landlord and, above all
they have the power to declare that no such lease shall
be hereafter exacted is very much TO be regretted
that this latter remedy not applied at the organiza
ton sf the government of this state Many OF the cyl
dences OF feudal tenure were thus abolished hnlght
service and various other things OF that description were
abolished by the Legislature of that day II Is greatly 10
be deplsred the present time that they did not then
prohibit the execution OF leases OF this character and
thus have prevented the violence and resistance win
blood that have grown out OF these transactions But u
is not yet too late proceed in the matter The past
must be disposed Of by the laws they evils can
undoubtedly be prevented in the future by prohioung
any such leases.