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

more than one milton Of ioars The o,ec therefore
scortty juGical tnres,sGtioR." They recommended
tbs following Resolution
R,,,i-a II ih- Honorable The Assembly coaourl Tba:
his xce.ucv the Governor he recu- sted TO cause 1
ella investigation made OF The ME 10 ne t1 ~ u
State claimed by George Cathe .uoJeGt ~ ~,
Cire.t Britain sDd hat h. employ such ana 80 i7ns
ors Auoruies sad counsel a. he may Deem %
teoessars sud ibs Legislature VII heteate, p,oS
The EXPENSE And farther, ihsi the governor re
II il By, iTdgnentit thai! be deemed 10 nc
aid George Clarke not 10 pay him the stipulated rent I'LL he
ones.ion OF title to snid lands shall be determined
The report and resolution referred 10 the commit.
Tee OF the whole and after several Gaye spent IN commit
,e nj tb. whole the resolution adopted by vote OF
10 10 10 and subsequently concurred IN by the sen
ate and this the last hear oi the subject Il wen;
into the bands the Attorney General and there slept
When action ike this has been had ny the Legislature
such conclusions have been arrived az oy shch
men-aud when farther action 10 had Ia 1t strange
that these tenants are impressed with The conviction hh
there something wrong about these tues IHa'
they will NOT bear the daylight and strict legal nvetti-
CATION Is IT business. then 10 see INST 'ory
snail DC 80 nve stcaled The peace OF tue community
demands that this Legislature should give an opportunity
for sucb investigation untrarnneed b. the technical
ties OF law, which now exist .
The attention of the Committee has aready been d.
rece n the character OF the provisions OF these leases
ard will not therefore occupy much time in reference
10 that subject | have before me one oil the Leases
granted upon what is called COeymans patent IL Is
fact worthy OF notice, mat whenever Hu'etse crsls
have been up any portion OF mis- manor OF Mems
selaery ok the have always been adjusted not by IN;
p4tior but by compromise and DIVISION here one re
Ter Coeytans claimed ne had good right 10 this
manor As Van Rensselaer, himself. and his ciaIn was
forthwith satisfied By giving him the town OF Cneynrns
and part OF Weserlo he his snaie oil Tue Spots ne
Leases upon this patent do not dIner e.sehuhUy foil
those on the Rensseaerwyck manor. ihey are HI oe-
vi.ed with great ingenuity am told they were orel'
nay drawn by Alexander Hamilton the orotherin'iaw
Of the late Pairoon and certainly their author 10 justly
entitled to cre6i; for great acumen and ingenuity GO
not suppose is within the power OF human ingenuity
10 invent legal instrument embracing go many features
of the euda tenures of Europe and yet consistent WIN
the institutions OF goyernmeni
The lease after reservng 10 the landlord Al! mines
minerals creeke kilns and runs OF water-the
right Of erecting mile and mill dams and as nucn land as
may be overiowed thereby-the right TO take all wood
nrewood and timber necessary for oudlpe, repairing
and accommodating their mills and Working Mines Win
various other smaller reservations and alter feservlhe
annual rent, contains these covenants mat "ae'
and a. often The land IS sold leased, or ul
posed of sixth oil the purchase money small &c paa
10 the landord-hs before any such sale lease or oher
disposition of the isnd sEa be made the tenant sha OIL
FER the the landlord. upon the same eIDs az"
he sbs have 81 DAYS 10 make his election whether he
will take it upon those terms deducpg one's1o
therefrom and all OF rent Every sale MADE WIN
out such offer void and within 81 days aer SAFE
disposition o: the Land one sixth OF the pro
ceeds paid the landlord the transactonis
declared void In ofsae by process OF law the pur
chaser within 2 days pay the landlord one xth the
amount of his bid the estate is forfeited For viola
ton OF any condition In the lease the entire
estate is forfeited Consider for moment the operation
q
barrassed and his farm is sold upon execution. The
purchaser prevent forfeiture ,ust within q days
pay the landlord one.siXth the amount OF his bid and
vet wait Is months before he can get his title,
and AZ any time within thar period land may be
deemed by paying the amount OF the BID with Interest
and in that he loses the sixth paid the landlord
Under such title except the Landlord car safely
purchase under sale by process OF law.
What can be said Of such provisions as these! ltis
the of rent that forms the most obnoxious
feature. It may seem that mere reservation OF 10
g. dav'
Manor House and the four fowls and such like eud
features small things make all this trouble about
But look this ia enlarged sense md
the effect Of these terures upon an agricultural com
muuv They oper ate 70 the entire destruc ion sgri
cultural prosperity. Who would, II he could, purchase
land under such Ienures I What zane man would pur-
chase when he thus subject himself 10 the
caprice Of tina landlord liable any moment TO the Tor
feurc OF all his investment regard the restriction
on alienation ii the most obnoxious feature OF
these tenures The practical eject Is blight upon the
prosperity these where such tenures prevail
The policy of country IS To throw no difficulties in
the way Of the acquisition of real estate or It's alienation
to reesrd land article in the market to be bought
and sold suit the convenience and pursuits OIL the peo
pie Hence Is that laws prohibit the creation OF
estates n perpeuty So far hss this policy been extend
cd by Revsed Statutes 20 to declare every te vod
which renders land naenable for longer period than
two lives In being. And yet IN these tenures we nave
such division of the estate between the landlord ana
the tenant as in effect 10 produce per2euty true oy
mutual agreement between the landlord and his tenant
the land may change hands but as has been well saio
there is little difference between what may be done and
never is done and what cannot be Gone
The practical restraint upon alienation is far more
serious grievance than the mere amount OF rent PAID
Another difficulty prevails throughout his entire dis
rict and which grows out OF this system II prevents
Gsricultura! improvement No man who passes through
these Counties ii he be but ali ordinary observer out
must se struck with the manifest difference between
that portion of the country covered by these ehure ana
tha, where the tenures sllodia In Columbia Coun-
~ instance, he will ind the buildings diapidated the
farms in bad repair-bRd husbandry and every Thing
that indicates bad thrift Let him pass on into he rcn
County of Dutchess and he will and every where evil
iences Of high of prosperity This the natural
effect of the TWO systems Who that holds farm liable
10 forfeiture any moment at the mere will OF The land
lord-and who in OF sale. is required TO pay por
lion of all he receives his lsndlord-woud improve
such farmi Upon many OF the manors--t is not so
here--the farms held by life leases. Shortly after
the Revolution these lands settled by farmers who
took leases for three ives-iDserting their own
and he names Of one or two OF their chioren AS
the persons during whose ves the right to occupy should
continue Under these titles they went into possession
cleared up the land made improvements, reaied build
incs and surrounded Themselves with all the comforts
of home Now the tenants lind these leases falling in in
great numbers and they warned 10 quit This circun
stance has greatly increased the discomfort which exists
in certain portions OF these Counties Others holding
under such leases and anticipating their termination
have omitted to make valuable improvements and thus
the agricultural prosperity OF those portions OF the state
is retarded.
There is greater evil sti connected with these
ures The lands in these eight counties are claim
ed by those whom Mr. Cooper styles great isndnoters
most Of whom are residents. The eject of the col
lection of these Is draw on out OF the county
If all the surplus earnings OF these farms This
cause has been operating for the last half century and
more aud the effect has been keep this portion Of the
State comparatively poor aud 10 mpoverish the entire
country What is il that advances the prosperity and
wealth Of any country, except De that the surplus
earnings of its population invested at home But
here is carried of support in other places what
with intention to give oence- may Call an Idle ars-
tocrscy. 1t my purpose TO infame the passions
wound the feelings OF any but cay that severA
hundred thousand dollars are annually drained from
these central of the which far as 1t
respects the public veal the prosperity ana happiness
OF the community might far better be utterly destroyed
Is this then of things worthy OF our solemn
attention Should bring 20 its consideration our
best judgments and apply united efforts. while We
careful protect the legal rights ell all 10 40 what
we can legally constutioualy and equitably TO extn.
sush these tenures from the State
The gentleman from 81 Lawrence alluded 10 the fact
that during the last these tenants stood shoulder 10
shoulder with the PATRON. aud thst when ne was can
dida,e thai time fer public station they gave him a
unanimous thau | received In lSii. Tradi-
says ihs is true and have reason 10 doubt the
fact II is said with how much truth know not that
go entirely they then devoted his interests that
ele halIota edged