The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-01-07

compromise between the landlord and tenant, ana
that power possessed by the State could change
the existing contracts, while the constitution OF the
United States remained in force.
Ii my present information be correct, that point
ssr TSs S 80 "a, :, s ,e6
! few exceptions, avow their readiness to commute
the ttes, and to enter into negotiations with their
respective tenants for that purpose. Some OF them
have gone 30 tar - TO give to the public the terms
upon which they win commute, or upon which they
will open negotiations for that object and in many
cases, which have come to my knowledge, these
terms appear to be such as, In all fairness require
on the part OF the tenants, corresponding advance
towards compromise. do not say that the pre-
else terms should be accepted but think speak
no more than the judgment Of the great mass Of our
which ought to Be received as The basis Of mutual
negotiations.
Assuming the continuance OF the leases, another
ground OF complaint the part of the tenants is the
distress for rent, which it is claimed should be
abolished This the Legislature has the unquestion.
ed power 10 do pr0spectivey; and do not suppose
the right to,do It retrospecvely will be commended
for where the remedy by distress is secured by the
covenants 10 the lease. A change Of the law thus
affecting subslsting contract, held, as believe,
by the highest judicial authority in the country, not
merely 10 affect the remedy, but to impair the obi
/ CATION OF the contract itself. Considered, there
tore, in prospective light only, cannot perceive
that this change Of the law can be seriously deti-
mental to lessons, and especially Of farming lands
Their security for ultimate payment is always to be
dOutless, 10 considerable extent, affect the leasing
OF houses and other tenements in cities and villages,
where deterioration rather than improvement 70 the
property s the consequence OF the use; but whether
the effect would be most to the dlsad vantage OF the
landland, or tenant, Is very questionable.
The remedy by distress, especially when applied
to farms, ID 80 inseparaby connected with the lease.
hold tenures, as to partake OF their unpopulary, and
II may be wise, IN reference TO this description OF
property, to abolish it prospecnvey as it may the
ienures themselves, as applicable to agricultural
lands This mode OF collecting tho rent, Is said to
be too summary tor the safety of the farmer, while,
on the other hand, it is alleged that, although sum
mary, 1t is lthe least expensive process for the col
lection OF an admitted and lquidated debt. 1t is
also added that the non-payment OF the rent must be
forfeiture OF the lease, emitting the landlord to re-
enter and re-possess himself of the land with the i'm
pr0vemens, and il the remedy by distress be taken
from him, he will avail himself OF this more severe,
swer to this argument is that, the Improvements
upon the land must always be ample security to
the landlord for his rent, where farms are leased in
this manner, the change Of the law cannot injurc
pshed by it, and the tenant, who is the other party
in immediate interest, desires the change at this
| risk, the landlord would seem to have reasona-
bic ground for complaint or opposition.
A still further complaint made by the tenants is
that an inequality OF taxation exists in favor Of the
landlords OF these leasehold estates, unjust to the
people OF the whole State, in reference to the col
Lection OF general tax, and particularly unjust to
uate In reference to the taxes annually assessed to
pay town and county expenses. The ground assum-
ed, understand it, is that the rents are, in effect,
the interest upon capital invested by the landlord
per an object OF taxation money secured by bond
and mortgage, or by contract for the sale OF lands
In other words, 1t is assumed that conveying lands
by durable leases is mode OF sale, In effect, by
which the seller, instead Of STIMULATING that the pur
chase money shall be paid within a specified time,
requires that shall forever remain invested in, and
secured upon the land, and that the interest upon
that purchase money shall be annually paid to him
as rent 1t the same terms Of sale were carried in
to effect by deed from the seller, aud mortgage
from the purchaser, the law would tax the capital
while the land would he taxed the property Of the
purchaser In these cases, the law taxes the lands
TO the tenants who occupy them; and still II Is said
the capital secured to the landlord by the lease and
which produces to him his interest, under the name
OF rent as the mortgage secures to the seller the
capital which produces his income, under the name
OF interest," is not reached by the law, and is not
taxed at all, although there is no difference in prin-
ciple, public policy, or substantial justice, between
the two cases.
There appears TO be force and truth in this posi-
ton. The place and manner OF assessing such
capital may be matter OF more difficulty and more
question. The money due Upon mortgages, con-
tracts notes, and the like, ia assessed TO the holder
OF the securities, at the place of his residence, and
complaint urged in this case implies the opinion that
the leases should be assessed, and the tax paid IN
the town or ward where the lands are situate. This
would be the introduction Of new principle IN re-
terence TO the assessment OF personal property OF
resident citizens but the expedency of adopting it,
aud the mode OF carrying 1t out, matters Of de-
tail, appropriately belonging to legislation, In case
the tax Itself Is imposed.
A report from the comptroller to the house of AS
semoIy, upon this subject, was made on the 10th OF
April last, In obedience to call from the Assembly
OF lsli In this document the whole subject IS dis
cussed with cearness and force | respectfully re-
u q
| upon thu point which appear to me to be sound In
principle, and practical in detail.
A suggestion has been frequently made, in connec-
ton with the troubles arising from these tsnures,
the adoption OF which / supposed to be within the
unquestloned power OF the Legislature, although !
am not aware that 1t has been urged by the tenants
upon the existing easehod estates. 1t is that law
should be passed prohibit for the future, this form
Of selling farming lands by declaring that no lease
TOR such lands, tor longer term than flvc or ten
years, or some other short period, shall be valid 1t
Is entirely, apparent, notwithstanding the very I'M
warrantabe character Of the late disturbances upon
the leasehold estates that theee tenures are not In
accordance with the spirit of our institutions, or
with the feelings .of that portion Of our people
IN no way interested in the disturbances. or IN the
manfesty the settled state OF the public mind upon
this point, that the multiplication, or material extern
sion OF leasehold estates, would be looked upon as
public evil, threatening wide spread and seri-
GUS disturbances, than those which have, recently,
interrupted our internal peace. IT. therefore, there
be obstacle in principle and none presents itself
to my mind, may il not be well for the Legislature TO
put at rest any apprehension OF this sort, by the pas
sage OF such law should hope for saluary In
huences from such legislation upon the existing
tates. think it would have a tendency to confirm.
in the minds Of the landlords, their present incna
ton TO commute the easehod titles, and would ope-
rate strongly upon the tenants TO induce them TO ac-
cept fair terms denomination, and discharge them
selves, at as early day possible from objec-
tionable system Of tenures thus confined to them.
! am not aware that it will be necessary to call
upon you for any further provisions Of law, in refer
ence TO the suppression Of these disturbances, if
they should again arise. as it is to be earnestly
hoped they will not. The provisions Of the two
laws passed by the last legislature, which have been
before referred to- the irst to prevent persons ap
pearing disguised and armed" and the second 40
| enforce the laws and preserve order," have been
very effective when theoretically and faithfully re.