New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-02-14

more extract from our democratic a4ta0' The col
o., mi, subject W shall ouiy ADD one Wy. -. Z,
,, ~ s.ciey must bear its capital As well ss ~
l. only perfect bile zach parS !, rn'r- snG SeSe bis
proper duty 10 New-fors me s.eo 1a NJ Co1n.r
pli g s-.sr ia great word 10 what seose ir, 'oopi
ipiepIs TO use it, leave Diners TO lneti - us 1 IN
~, ~ .oci sense occupy the place OF me catI'a. N
~ that ,hs capital is broken and hurled 10 .e
ground, OF " nat material VIII nc '"' '"p' ' ~ "
pG,arc 'j e.ou which seems moot 10 alarm the
annrehensions OF the amiaoie writer Really seem
~ bear him saw This great overnight IL our patri
70. ,,,ers,hey ought 10 have looked this matter
and made such provision for The protection OF the col
utnn of society, that ;s symmetry snd beautiful pro
portions might never be rnare1 or dlsnsured ~ orc
Ing and hurting the ground Its capital the great ia'Ia
eve know Of none" he ada, half like to succeed
.a In. cou1try extorouer And The country We
would cnuton hose who now aise the cry -udsy and
arstocrary of what they are about In heu
Of King Log ,h-v NAV he d-voUred by King S,otk-'
These are tne views promulgated by an Individual
who has occupied wide space in the public attention.
and for this more particularly that n"'e
called the attention OF ihe committee 10 tneh ouou
views are In my udgrnent utterly at war Win the 'ou-
!non principles OF government. TO entertain such
designs as are here expressedto cherish such senti
inents-to advocate such principles 10 treason agaHst
Liberty and against the Genius OF America
Thsye word more for The gentleman from Steuben
Mr. Chafed.) Once and again he has reiterated tne
charge this debate been continued ano this SUP
jcct agtsed for the purpose OF Keeping up Inc excite
incn, And he farther charged upon those who more
Immediately represent the AERent interests mat tnty
had delayed here keep up this excitement ana
%
the matter would be brought to close who. let me
ask has manifested the greatest anxiety to bring this
question To 4 close who introduced resolution on
The first day of the session refer ali these peons 10
II committee; who this might have reported meas
urss of relief or the Irresponsible majority, who have
spent nearly month in the discussion OF the course OF
Gov. Seward on this questions
In what have said TINS lar in relation 10 Tue nbtoiy
OF these difficulties my remarks have been principally
directed this desire nov 70 refer more par
cuary 10 the difficulties which have occurred in other
~ Cf hn STIsS
from Putnam stated for fifty years peace and tramp -
~ prevailed all these tenants In this he Is ms
taken and shows that he is not familiar with the facts
The truth s that though IN this manor Of Rensselaer,
wick the high character the amIaolity and personal
influence Of the late Stephen Van Rensselaer,. which
very great prevented any open manifestation OF op
position these upon other mbnors sue; WAS
iot the case These evils felt from the very COM
rnencerneDt of history as an independent people
and have been operating ever since II Is an unnatural
OF things And like foul diseaee upon strong
uhyscs constitution every few years there has o.en
.trong effort throw Il off The notion OF The genie
man from Putnam and Of the famous judiciary commit
tee of 1874 that these evils were all imaginary nao no
foundation From time to time there have been mani
tested symptoms OF disturbance ana dissa'isiacuon
will refer to the proceedings in the Assembly OF 1871 In
reference 10 Clarse's patent And here must huoe
once more 70 the gentleman from Putnam de Gays
very adroly jumped over" all these ditcunes N re-
gard 10 the titles here and went out oil ths ul5Ct 10
C4kes patent and said thSt the title 10 tnat was oeec
i've DO consider this very extensive leap AL
these kindred interests At an early DAY nearu OF
toe difficulty in relation Clarks tiie and once had
occasion examine The orig:na! grant; ana VII now
state what referred the other day when said had
no doubt his title void upon it, face Geors CLARK
was Governor OF the Province OF New.fork under the
British Government AS such he ersnteo TO VIM Cur
~ and several others the lands now claimed unoer TINS
patent In that grant he provided that the undivided
halt Of the lands which. Governor. be had granted
should be held in trust for himself Shortly aiterwarf
he caused :he title OF These persons be extinguisned
by reconveyance to himself Thus In fact us Cover
nor he granted these ando to hmself II this conduct
had been Josed his Government at home he would
have dismissed and sent home in disgrace
In the Assembly Journal OF ISL, al page 81 Ind the
following record:
1.-THE retitlon Of Moses Rich aud others. Inhabitants of
the county Osegu presented representing lat sew
rra OF he petitioners OF land claimed by
Ceqrg- Clarke that the eaid g. Clarke hss
seq uliy oil oppress yranuical conduct toward
the said und praying that the e OF the SAID George
sy be aud relief granted 10 said tenants
This petition WAS referred 10 Select Commlee OF
which Mr. Sergeant chairman. The report OF that
Committee is found at page iO2 OF that journal and Is as
follows:
Thai 1t appears TO the Committee that the present laws
relative landlords and enanis might 6s altered so as ~ he
mad cougeniH with the true principles OF our Gov
eminent without in the least degree mpa,rng he eqaoe
or vested rights OF individuals but a. the tunect
hat intricate aud would require the nost apie au at
tnve lega in order TO extend all the advan-
lagrs Inch would warrant 10 tenants without In
any manner viuuiiug the equitable legal rights OF land
lords the COMMITTEE Ia order TO pu the ~ lne oes'
possible train attain the aforesaid Objects beg leave ID
submit, the following resolution:
cradle Auhrose Spencer ui the Judges 81 the Suprem
Court of this STATE tosett'r WITH John Woodwork aud
William Van Ness, lately apPoli;d TOT lne pu, pose "
revising OF this State be requested minu,ey to eX
anime all the present existing isvs relative 10 ea
their and 10 report 10 the next LEGISLATURE Al Inc
commencement of their session. what alteration II any can
be made such for The benefit If either or wlich Inc
general good my require without violating ighs
privileges OF any pers"u or persons Whatever
This resolution adopted BY both Houses OF the
Legislature and at the ensuing session the distinguished
persons named in the resolution made Report accom-
panied by BILL the object OF which as expressed IN the
Report was to obviate of the evils of the exist
ing laws in relation to landlord and tenant Uniortu'
natey the bill itself has not bceen preserved It's pro-
visions can only be inferred from the tenor OF the ne
port This document is found in the Journal OF the
Assembly for 1912, page Ito. 1t ia characterized with
the ability which might have been expected from its
eminent source.
The entire Report worthy of careful examination;
but dare not trespass upon the patience OF the Com
nt,ee read from ii farther than what said IN rea
ton TO the first section OF the bill which relates 10 the
quarter Upon this subject the Report as follows
The section OF tne bill is intended To abos rigid
aud unreasonable burlhen the enans restraints III The
Of ines quarter sales against aienaiions are eX
cee1insly obleconahr Whsever tends, uGder Govern
nleut like ours interrupt prevent the free course OF
alternating real property is opposed 10 sound policy ana me
coins ~ onr pocal in sultinns II II should be objected
such kind OF s,ipulaons voluntarily!
and that every should be elt free 10 contract III such
10 protect and guard individuals from oppression On this
basis stands the law against usury and many other saua
provisions
Covenants and conditions which the tenant
pelalty leave change his residence are generally
without consideration for cannot he pretended that sell
Ming the OF the lease, thu landlord took lower rent
on contingency that his ,ens1, would change his mind
and disposed part with his lease II may also no
remarked thai he in entering into sipuaons 10 pay
fine or quarter alienation does So under circur
stances which induce him 10 believe that he Will never
he disposed aeuaie hut his circumstances change and
nvsely unforeseen impe him change OF res
lience l. can right softer the landlord, who Is
NOT preudce1 The alienation OF his tenant TO grasp part
OF hi earnings for his y"ldas mperons
or Tor cbsngiag his mind"
The second section OF the bill appears TO have been
intended 10 the against the forfeiture OF
their estate for the violation OF any OF the numerous Co
vensn,s and conditions in these leases and 10 provide
that the landlord shall recover remuneration In damages
for such violation in lieu OF forfeiture.
Various other modes OF relet are discussed IN this
report bu, do not feel AT liberty occupy the time OF
the committee by farther reference 10 ii.
Ii will be seen from the quotations have already made
from this report that the eminent citizens who made It.
after great deberaon differ very widely In their con-
cusons from the judiciary committee OF 1874, who de-
clare that il IS we'll known that no relief can be eS-
tended 10 the tenants.
It was 10 these recommendations that Gov seward
pointed as containing suggestions upon which TO form
basis of Legislative relief; II has been well said oy ihe
gentleman Livingston (Mr J. Young that all tns' Is
required of the Executive is 10 recommend measures
make suggestions and not 20 frame os 10 csfy INTO