New-York daily tribune., 1845-12-13

s,lacr >las almost exclusively owned 10y the Pa
troon who. having prohibited ms three Thousand
substantial frccholders' from avaing themselves ot
il did not 70 any extent, use 1t himself In this way
indus,rv was crippled enterprise repres-ed and The
,ro,yth and prosperity ofthe Counties seriously
rc,orded Now though Mr. BARNARD scouts the
idea of Fcudalism, ''Nassalage,' Tribute, &c.
rs connected with these Leases, we cannot but in
sis that ,enGres which deny 10 several thousand
Farmers the righ;iul OF the Water that
through their land, coupled with Covenants
which require them TO come with teams aud Ia.
/ bor for the Landlord whose Larder, III the same
time must be by them supplied with Eggs and
aud Fowls favored rather too highly with
/ the seasoning which renders such dishes palatable
on the other side OF The Atlantic.
Another thing has been complained Of and com
planned Of perhaps than almost anything else, and with
a greater stol7 OF justice This is the reservation OF
quarter sales. along with the right of preemp,on. This
provision prompted suppose, By two consider
atoms One OF these was TO the exclusion OF
dangerous improper and Improbable lntruders mo
the society of the free landholGers ot the Manor,
This useful both parties 1t is common Prov.
sion leases for long that the lessee shall not sell
underlct without the conscn. OF The !essor ms u
found we believe in all the leases in the City OF New
YORK. to which We have alluded. But another reason
for the reserved right 10 TINT II
part consideration for The sale and purchase of
Inc premises The rent was exceedingly moderate
not Two per taking the average, on the value Of
the farms when the rent first became pay abs as Ny.
Van Rensselaer, took measures to throw once into the
Manor large body Of cnerprisins treehoders, was
natural 10 expect as the result OF tnat polcy mat neIe
would be yerv speedy and considerable rise in tue value
of the lands His ohccI was to encourage "rmers aud
spectators and he wished them TO make permanent
homes for themselves. But there would be restless
spirits among hen and if their rcstlessness could not
be wholly restrained it might be checked and IT, alter
a some would take advantage o the first rise IN the
general value Of the lands and sell their farms there was
no why they should be allowed to put tue whoe
profits in their pockets portion OF 1t In all alr'
ness might be claimed by Mr. Van Rensselaer,, who By
h,srp tho
vaou had given every farm an increased value, wne
he had LEFT himself chance OF increasing his rents
in the like proportion As provision therefore, app-
cable 20 the earlier period OF occupancy we 90 not re-
gard es injurious improper When time had eapsed,
ntd the value OF the farms had become fixed, or alter
changes Of ownership aud possession, then
think clearly, that any rigorous eXacton OF a
claim quartcrsales might have been unjust anu o'
pressiye. Ater had come into possession,
having paid the full value OF the property, he should
have occasion sell again for The like value we should
envy no man his conscience his character who under
this provision would take from him the full quarter part
OF the purchase. We are insured and believe that no
case of the sort has ever occurred and is likely
occur We ascertain upon digeni inquiry, that
in any whatever OF agricultural lands from the
est period down the full quRrtersae ever eXacted
la the best parts of the Manor where, II happened
the rents were the lowest and where farms became very
valuable early day the late Mr. Van Rensselaer, al.
ways allowed this claim 10 be satisfied by receiving not
TO exceed in any case OReeghh OF the quarter which
he might have demanded. In other parts Of the " Man.
or AZ in The four hill! towns of Albany county nothing,
beyond the merest trc was ever received.
Here is another fatal admisson Mr.. BARNARD
assumed in the outset of his article. that the Van
Rensselaer, Tenants were the owners in fee each
and all, " of the soil on which he bestowed his la.
bor' Now it is admitted that they at best,
owners Of but THREE QUARTERS OF their land, Tor
the avails OF ONE QUARTER, when they SELL belongs
10 the PATRON
One motive, we are told for establishing the
quarter sale system, was 10 prevent Mr.. Y. RS
free land holders from selling 10 " intrudcrs! And
another motive was 10 obtain "a quarter of what
ever these e" independent irecholders'' might sell
their lands for The PATRON anticipated. II seems,
from the industry and enterprise OF large body OF
Tenants, speedy and considerable rise in the va
luc of the lands" and he reason why such
of them would take advantage OF this rise to sell
their Farms Sh0uiG be aHOwed 10 PIT the ~hofe pro-
its IN their o,rn pockets" And this, we are told
done h an eye partly TO their own good, tor
Mr. V. Il. desired TO provide them permanent
homes and 10 prevent their becoming Spccula
tors ~ So that when. after their Lands, By reason
of the toll and sweat expended in converting For
csts into Fields. have risen IN value, and the own
ers for any reason. OF choice necessity, are IN
duced to sell, the PATRON kindly pockets quar-
ter OF the "proGts!' And Mr.. BARNARD sees
nothing injurious improper in this. heretofore,
though he is constrained allow that alter one or
itro changes of ownership any rigorous eXacuon oi
claim quarter sales might have been Unjust and
oppressive And he condemns. very pontediy,
the man who would, while receiving an annual
Rent consideration for his Lands, and after he had
once or tpice received quarter of the money for
/ which the land was sold, should continue to " take
the tNN quarter part otthe purchase money as often
as the property changes hands And yet thls right
resides in the leases which Mr.. Y Il holds Soch
/ is the nature OF the tenures which Mr.. BARNARD
sanctions and viudicates Mr. y. Il. is eniitled in
addition to his perpetual Rents. TO quarter OF the
! purchase money whenever Lands are sold Four
sales therefore, OF Farm. give the Patroon It's Tall
value without dschargipg IL from any OF his liens
/ La ~ This is that the late ParOOu 4
/ good nlan and did no, Cypress or eXtou from his
Tenants This is true. But no Tenant dare sell, or
does sell. without going 10 the Office and com
promising the "Quarter sale lncumbrancc. II IS
also that the present Proprieors have too muct
respect for conscience and character 10 de-
mond full quarter sales. though this is one OF the
legal rights in which they are protected by the
Laws, and for the enforcement of which when the
civil arm lacks power, the State Is bound 10 exert
( military force. Blu: the late Patroon. we learn,
! when the best Farms sold, abating fifty per
cent. contened himself with receiving one eighth
OF the purchase money, standing ready, at the next
sale 10 receive another eighth! And in all this
Mr.. BARNARD sees nothing improper or injurious.
Nor is the fact that the PATRON is entitled 10
quarter sales the only, or even the worst conse-
Guence OF such incumbrarccs. This ieaiure--or,
though Mr. BARNARD objects 10 the term-this % re-
lie of fcudalism' renders these Farms comparative
" valueless for what " substantial or indcpen
dent" Farmer will purchase such unreal such
mockeries OF Freehold Estates w no VIII buy
Land without W atcr ? WHO, in these days. will
possess themselves of soil which fails to confer upon
ihem the advantage and attributes Of Freeholdcrs
/ Mr.. BARNARD informs that those who 10 no;
choose 10 hold their Farms subject 10 quarter
! sale incubus may purchase themselves Tree Tor
",hirtv dollars" that being the amount fixed, except
in few instances where the quarter sale was the
onlv valuable consideration for the deed All ,hesc
attachments and compoundings 20 TO overthrow Mr.
BARSARD's argument in favor OF the henssclacr'
wyck Tenures. These Teuurcs are incongruous-
/ These Covenants are of black-le;ter origin These
Reservations are "fcuiul' and oppressive And
finally. the whole policy ithcse Leases IS obsolete
and impracticabic
There are other points in tbs Review. which we
intended 70 notice bat they must be passed tor the
present But lei as. before closing heartily concur
Ia all that Mr BARNARD says OF the character OF that
cInincntly good man, the late STEfHEs VAS REFS
sgLAER. II il indeed true. that " more atn!nbIe
and excellent has no, lived in ourtinc.' IL vas
owing to his iorbenrancc and generosity that these