New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-01-07


considerable extent affect the leasing of houses and 9th
teueraeuts cities and villages. |here dels'ofai'oH
rather than improvement; the property ice eose
quence Of the hut whether the effect would De os1
20 the disadvantage Of the landlord or 'shSn' - i'
questionable.
The remedy By distress, especially wien spilled to
farms l. so separably connected TI;G the !saseno1 e
parIske OF their uDpspulari. and may DC
wise IN reference 10 this description oil properly 'u
abolish i prospecuveiy. IS II may the enures
applicable agricultural lands. This mode oil coe-t
ing tne rent IS said 10 De summary for the safety oil
;he farmer while the other hand il IS alleged taai
although summary 1t IS the least expensive process for
the collection OF admitted and iGuGaieG debt Il
also added that the uonpaymen; OF the rent must DC
forfeiture of the lease emitting the landlord enter
and possess himself Of the land with the improve
and il the remedy by distress be taken from, him
he vii avail himself Of this more severe, though moro
proractcd redress. sufficient his Eurert
Is that the Improvements upon the land Away
be ample security the landlord for his rent where
farms are leased in this manner, the change o: the law
cannot .nure him and il valuable public good can 5e
accomplished By r. and the who IS the other par
- in immediate interest desires the change az this risk.
the landlord would hare reasonable ground
for complaint opposition.
still farther complaint made By the tenants is that an
inequality OF taxation exists n favor OF the landlords OF
these easehod estates unjust 10 the people OF the whole
state in reference 70 the collection of general tax hl
particularly unjust 20 the people Of the counties where
the estates situate in reference 20 the taxes annu-
ally assessed 70 pay Town and county expenses. lee
in effect the interest upon capital invested by the land
lord and secured upon the land which capital pro
per object OF taxation money secured by bond anu
mortgage or By for the sale OF lands. In other
words is assumed that conveying lands By durable
leases mode OF sale in effect By which the seller IN
stead of stipuatng that the purchase money shall be
paid within specified time requires tina: shall forever
remain invested and secured upon the land and that
the interest thai purchase money sha! be annually
paid 10 him Ii the same terms OF sale were car
r!ed into effect by deed from the seller, and mort
-. Yal
secured By the mortgage in the hands of the seller
while the land would be taxed the property OF the
purchaser In these cases, the law the lands 10
the who occupy them and still il is said the
p;a! secured to the landlord By the lease and which
produces 10 him his interest under the OF rent
the mortgage secures the seller the capital which pro-
duces his income under the Of interest, is not
reached by the law and no, taxed at all although there
Is difference in principle. public policy or substantial
Justice between the two cases.
There appears TO be force and truth in this position.
The place and OF assessing such capital may be
matter OF difficulty and more question. The mo-
ney due upon mortgages. contracts notes. and the Ike
is the holder OF the securities at the place Of
his residence and the tax Is payable in his town or ward
while the complaint urged II this implies the opinion
tina; the leases should be assessed and the paid in
the town or ward where the lands situate. This
would DC the Introduction Of new principle in refer
the OF personal property OF resident
citizens but the eXpedency OF adopting it. and the mode
of carrying il matters of detail. appropriately
belonging legislation in the tax itself IS imposed.
a report from the Comptroller to the House OF Assem-
bly, upon this subject made the 9TH of April last
in obedience call from The Assembly OF lcii. In
this document the whole subject is discussed with clear
and force respectfully refer the Legislature 20 it.
presenting considerations, upon this point which af
pear be sound in principle and practical IN de-
/ tail.
suggestion has been frequently made. in connection
with the troubles arising from these the adop
: ton OF which suppose TO De within the unquesuoned
powe. of the Legislature although am not aware tn't
It has been urged by the tenants upon the existing
essehod estates Il IS that law should be passed 10
prohibit, for the future, this form OF selling farming
lands by declaring thai lease Tor sucn lands for long
than i've ten years, or come other short PERI
cd shall be valid 1t IS entirely apparent notwithstar6
ing the very unwarrantabe character OF the late disturb
anccs upon the easehod that these ;enures
in accordance with the spirit OF our INSTITUTIONS or
with the feelings of that portion OF people in no way
interested in the disturbances in the relations out OF
which they have grown Such maniiesty the settled
of the public mind upon this point that the multi
picaiion. material extension OF leasehcid estates
would be looked upon public evil. threatening more
wide spread and serious disturbances than those which
have recently interrupted internal peace. H. there
fore be obstacle III principle aud none presents
itself my mind may not be well for the Legislature
put rest any apprehension OF this sort by tue pas
cage of such a lave | should hope for sautary nhu
from such Legislation upon the existing estates
think il would have tendency 20 confirm, IN tue minds
of the aad rds their present inclination 10 commute
tho eaehod titles would operate strongly upon the
tenants 20 induce them accept fair terms OF commute
ton and discharge themselves at as early day as pos
sibe from Objectionable system OF tenures thus con-
fined 20 them
Tam not aware tina. it will be necessary cal! upon
YOU for any farther provisions OF law in reference TO the
suppression Of these disturbances II they should again
arise as it is 10 De earnestly hoped they Will not Inc
provisions OF the laws passed by the last Legislature
which have been before referred the first 10 prevent
persons appearing disguised and armed and the second
TO enforce the laws and preserve order have been We
~ effective when energeiicaly and faithfully resored
TO- and appear to be sufficient TO secure the en-
orce1eni the law and the preservation OF order so
far as legislative enactrnents can do it. There is some
-. afuet r...Iu
den mon the County aud especially IL expense, before
the power of the State be invoked This is point
upon which the last Legislature delibersted carefully.
and vet experience subsequent to Its action may nave
furnished satisfactory evidence that there is justice in the
complaint Ii is point of the first importance IN enorc-
ing the law unless the power OF the County snal De
faithfully exerted the authorities OF the State cannot IN
ercre and if the pecunIary burden upon the County Is
likely be great To discourage effort and einbar-
rass the Sheriff obtaining sufficient posse the elect
might be dangerous On the other hand II the resort 70
the power of the state is made easy that will dscou
rage effort in tho County, that all the expense may be
transferred 10 the State The subject therefore, Is one
demanding careful action and is respectfully presented
10 your consideration in change of the existing
law should be urged.
The expenses upon the county OF Delaware have been
very heavy and am advised that an application VIII be
made the Legislature for relief 1t may be that DIS
tncou properly be made between the expenses IN
CURED by that county after the instruction existed IN
fact and before declared to exist by proclamation
go AS 10 authorize the in;crposition OF State military
force is proper inform the Legislature that WAS
absent from the Capital the time OF the outbreak and
murder and agents sent by the civil authorities OF the
county 10 invoke my action delayed several days
10 awai, my return after which time considerable ur
Their delay was occaOned enable them TO return aud
furnish 10 me evidence of The facts alleged exist but
without the evidence OF which did feel authorized
to make so responsible declaration. From these causes
twenty DAYS interviewed between the insurreconsry as
sembase and The proclamation, and during all that time
as am informed and believe. the sheriff employing
very large mounted posse and results showed that
very theoretically and efficiently employed II was
the developments consequent upon these exertons eA
hibIg the fact that Instruction did exist on the tn oil
August which laid the foundation for procaimng s eS-
istence in conformity law but the in'erpositon oil the
State could not be retrospective and therefore the eX
pensc of preserving the peace, sustaining the law, and
apprehenGng the guilty during these twenty days was
thrown exclusively upon the county.
According to the requirement OF the Constitution
census of the people the State has been taken during
the last year in conformity the provisions OF the law
of the last session. directing the manner OF taking it,
Tie returns have ali been made the Office OF the Score.
tary Of State and the report OF that officer will ar an
carly day your session place the results before you
The entire population OF the State Is shown 10 be
1875 being an increase, since the census OF $50
taken IN obedience the constitution and laws OF the
United states of IS357i little than seven and
hall per cent for the I'VE years This IS rate OF IN
Il