New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-03-06

Reported for The Albany Evening 'ou'hA'
(,-,in7,sSl ASSEMBLY --- January ~
l,i,,.r ssk how can the evils ofthese contracts be
rernecied or altered or moGihed oy LsgLsa'iCn NJ
gentleman from ST. Lawrence (Mr. Perkins says he 10
y;n ", On 10 the extreme verge Of night 20 reach thesc
ov;is can tell him of various wsys in which it may be
done co not say ha; hey the proper methods TO
reach the evils connected with this species OF tenures
The whole subject Of the transmission OF property 10
heirs or devsces under the control Of lie s!ason
/, may be startling announcement 10 some gentlemen
here but the law Of desceps and wills IL wholly within
the control Of the Legislature We do not interfere with
either the Constitution OF the United states or OF tnis
State, whatever do in relation to that subject What
is the statute Of desceD;s, the statute OF wills but
of the law Have they any particular connec
ZION with our Constitution They are both legis
a,ve matters and entirely within the reech OF the
legislative power. We have the right 20 gay who sha
be the hers all landlords and how they shall transmit
their property by will. present these acs or me con-
giderstipp of this house, and OF gentlemen VINO are READY
20 proceed 70 the verge Of right 10 furnish some
remedy 20 these tenants anc 20 snow that the whoe
subject is entirely within their control Why should
property descuuJ heirs be transmitted by devise
These are mere conventional rrhts established by tie
lava hc eminent man wrote largely few years since
% show thar property oUgnt 10. 70 20 80 iefs-thal
=. and Il ought into common s1ocs sd become t
moe b:rh authority for th;s-Rev q T. Brownson
The Legislature this nave acted on the principle
of regulating contracts and descens. What is the sta
ute aboshn- entails except an interference with tee
descent OF propeny 1t says when man intends 10
convey his property b. grant devise TO any person
vest this restriction but in his heirs general
~ Here then the principle OF which need only
be adopted fully the case oil toe perpetuA op
ureseive leases nis manor-l have mere sno"n now
we NAV Interfere with these contracts. Gentlemen pro-
ess 20 be ready the u,termost verge o nen 10
grant relief tenants bur they say they do not be-
licve there Is any remedy. In this state cave just
shown we have already 90 far modified contracts and
conyeyanccs that wien has conveyed his proper
y another and 10 his hos male or Jennie the Legs
says il small NOT pass 10 ihcin nut to al MS enid
rem il he has any, and II not, 10 his collateral hcrs
say this principle in legislation Ia right is necessary
What else there prevent the most outrageous ana op
pressvc system being adopted and perpetuated by con-
tract In This State All the subjects OF manoria rights
might thus be adopted and made tho law Of the land By
contract though they might be ut war with the spirit OF
institutions ana the rights OF The people ana even
civil liberty itself Had the landlord embodied pro-
vision n the leass he granted furnish 20 each Of his
tenants and his heirs and assigns for ever ton able
bodied slaves aud agreed to continue TO keep that num-
Der thereon TO labor their farms respectvely-woud
such provision in the contrac, have perpeuated slave
~ in this Slater such is not the Constitution and the
Law all these things may be done. landlord has only
to ge. teuantry Of population ignorant enough ana
he an impose upon upon tnetn just sucn laws enG
regulations by contract he pleases He may allure
them by promises by suffering them remain upon The
land for a certain period without compensation ne
may wait until they have houses built and surrounded
Themselves with all the comforts and ASSOCIATIONS oil
horne and then present such leases for their acceptance
the most graspug avarce shall dictate and that TOO
upon the condition OF immediate expulsion on refusal.
The result is clearly be The gentleman from
Steuben M Chated has much 10 say about the course
formerly pursued by Gov Seward aud by certain gen
tlemen who acted committee under his ndministra
ton In 1910 report submitted TO the Assembly OF
that year which embodied some OF the sentiments which
have here presented glad 10 see an authority so
high brought to my aid.
The idea has frequently been suggested that II the
statute which have referred would not apply 10 the
feuda then in existence and which mad previ'
ousy been made yet it sufficient authority 10 pre-.
vent any such contracts being made after That But
will refer this House TO the grant from queen anne 10
this landlord TO show that That patent Recognized eudai
rights and granted eudal privileges and il is well known
that many titles Of this character existed IN the State nj
that tine And 70 show that this was so long before
Queen ADne's grant will read an extract from late
work--O Calagh hans History OF the New Netherlands
ain return for his he Patroon'sl outlay and trouble I'm
building mp settling the colony the civil code which II
inu,l always borne mind the fundamental law OF
this colony vested IN the fsroo1 Hevers privileges com
the feuisl system
1t ia not true then has been assumed in the con.
sscton of the act enures that no incidents or rights
nrisiDR OF 0ppertening TO the feudn system pre-
vailed Ia this colony when Il passed but the con
,rary the PATRON Of this and many others then
presumed 10 exercise such rights and now commune 10
hold and exercise such rights.
has repeatedly been said that ls40 was the nst year
when the difficulties upon this manor commenced. Let
us see if this be will refer 10 and read from re-
po. made this House in 1872 by Committee consist
Woodwork.
Iu obedience 10 resolution Of The Honorable
the aud Assembly, Of Inc ninth oil April TART Inc uf-
dersigued haze The oil reporting bill 20 obVise some
OF ihs -vis % Tie exciting laws ~ relation 20 LANDLORD END
] Tenant
duty enter into some explanation o inc osVes anu
which unlicensed as 10 propose the several sections
'The fret section OF the bin intended to abolish rigid
aud unreasonable buhsn tenants restraints In The ma
ure OF fines sales, against alterations are ex-
ceedusy Objectionable. Whatever tends, under Govern,
nent like ours uleuup, prevent the free course OF
senus OF our political INSTITUTIONS f should he objected
into such kind Of stipulnions voluntarily
that every should be left free 10 contract in such
manner as lie peHsesve snswer that the public is hound
sna guard rdvduss t'om oppression Or this
dc layra hmm
Covenants and conditions which coercs the tenant TO
pay penalty for leave change his residence gene
gllv without consideration for pretended that
IN s.ing he Iems of The eass The landlord agreed TO &C.
cepi lower The contingency that his tenant would
change his mind aud becous disposed 10 part with his lease
The rights OF The landlord left perfectly unimpaired by
The section under considerations for should the tenant as
sign tnsoveni person, the right of re-anty for
non-Psymeut OF the rent viii he his security against that
be also remarked thu; the ieasut in entering
into spnaions 10 pay rue or quHrtersae or aensuop
does under circuussuces which say induce be-
li.ve that hs VIII he disposed ALLEVIATE; bat his cir
custances change, and variety % unforeseen causes i'm
pei him 10 . change o; residence.
be righ; suffer the landlord vhc Is 2o;
preuaced the alienation OF his tenant 10 Grasp par OF
his earnings Cor lie yielding 20 mperious circumstances
or for his changing his mind
''Th- second secgsn OF The bill Is intended 10 remedy
whilst the time. II perfect remuneration
DANA Tor any Covenants conditions violated 10y HE
tenant and eventually secures 10 The Landlord LIS remedy
aI,is well settled rule hai, whsre forfeiture be
for in damages. settled by the contract Of The
ling the party equivalent with interest noi"h'
sso5ing IN. CLAUSE. of forfeiture In case Of mortgage,
uaeyer NAV b- the contract OF parties providing for
forfeiture equity looks INTO the intention OF parties and i
regards the payment the essence OF the con-
rsct and win relieve the forfeiture compromising
The lrofIaHgee with principal, nteres! and costs.
With respec, 10 collateral acts, when The breach OF
covenants as regards :Aom induces forfeiture OF The estate
pursuant % agreement o. The parties, the reason why
eag- does relieve against The forfeiture IS, that II
c,nnof know what value the observance
OF the covenant working the forfeiture is TO ie party
cDyeranree This appears 20 be very insufficient
and inadequate one for IL presumed that Jury can IN 81!
cases ascertain the value OF the covenants broken and Il
te lsudord RECEIVERS that value, he obtains equlva
lsn. for The violation OF lie contract
at j. also to be observed, tina. in many instances me
t-nan, is clsreeahe with breach Of his contract without
dsviug been guilty OF eupable conduct ana the penaoa
which induces Legislature 10 make this Reference iur'
uishes several examples OF that kind" &c
This from the report OF those distinguished
men, shows only that difficulties have existed out
that legislation has proposed in relation TO these
One portion OF The bill proposed by mis- Com
iltee provided ,hsI If tenants incurred forfeiture by
violating conditions of the quarter sales the landlords
INN l., -