New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-01-29
PROCLAIM alton
b. JOHN YOUNG, Governor Of the stale OF
New.York.
EXECUTIVE CHsxHEE- ALHASr, Jan n so

oner- e0nfued ip tn STATE Prison in the county %
Clinton. namely smith A. bo1zhton Joan II Goa
and Thomas Morgan, who ~ere eonFieiel ~ No,-i-ll
comfy and Moses Earl and fourteen o-Aeis "he r.
ceived their sentences In Delaware county lac ooec
and the tenor OF these petitions are axe unusual Id
petitioners solicit f0r these cOnvic. not mercy resNa
ion Of punishment for such a them a. might BE i4vor
ably disungu iron the o;hers but 81 absolute par
don Of al. with a Simultaneous restorston OF tlel
forfeited rights Of citizenship some OF tAe-e persons
were convicted Of serious misdem-znors others o. ie
ony and two Of murder.
Power % pardon offences against society and Govern
nent has been reserved y The people IN he Consttu
ton The Governor a. their trustee can exercise mat
power Only their au1 with us regard % tler
security and welfare No occasion has before occurred
when the Executive authority wss solicited ~ - many
citizens % extend al n The forgiveness Of the state
% flly o. many OF slch c-enders u i customary
IN rec0n cucnr pardon, o. SAFE ire crime. rs IA
lure motives circumstances o. ae-ravaion of o. nit
CATION the time, place. and manner % convlcucn ire
nature and eject ~ TIE testimony the measure OF
shmen the age u the oender bis character and con
duct previous conviction and his domestic ard social
relations and subsequent department. Esch snd at Of
these considerations 81 generally enter INTO TIE eX.
erctse Of the psrdOring power that an application
for clemency can scarcely be found IN the pubic
archives in which at ID them are omitted
lu the present case the petitioners. although Il
course deeply interested As All ihCir fellow citizens
in preservation Of public order and social virtue
content with simply representing that the culprts
are Lsnguishins in the Prisons Of the state having
been convicted o. Cfnces growing out OF the socacd
Ant Rent Excitement This brevity implies what In.
deed that the is At once peculiar and gener
ally understood The auson 20 the Anti Rent Excite
nent directs attention al % disturbance Of the
public tranquility which has called into seton the pow.
ers Of every department Of the Government has been
attended with many painful incidents OF misrule and VI
oence and is still the subject Of much solcitude.
The title 10 the lands within the State Of New York
originally vested in the sovereign authority. From
lis earliest organization patents were freely Issued con
veyng absolute estates and the circumstances Of the
country together with the policy Of laws and the
education Of the People have constantly favored sub
division Of the soil so that generally land Is held in
small portions by citizens who enjoy It's wealth and
sources a. absolute propreiors
Certain purchasers however ~ they were varOusly
called pstenees PATRONS lords early 0biailed from
the british SOyereigns letters patent granting large dis
trcts In the central regions of the colony Some Of
those propnetors IN spirit OF emulation then deemed
harmless and lsudable obtained permission from the
Crown % erect msnOrs within these districts with
tain political Judicial and legislative privileges and al.
vsntages which hsve long since bscOme obsolete With
reference 10 those advantages however they adopted
system Of granting lands not absolutely in feee simple
by deeds, cut qualified estates in fee simple by in
struments which are commonly called leases whereby
the PATRON or landlord reserved for his All
ter power sld mineral wealth. Perpetual rents
reserved portions Of which payable in wheat and
supplies Tor the table o. the proprietor and the residue in
services or labor 70 be performed by the tenants about
bis house Alienation by the tenants restrained
unless with the lords consent be- obtained BY paying
10 him one quarter other part Of the purchase
then unusual legal remedy, Incorporated in the
leases with stringent covenants for the payment OF
and other purposes and with various conditions
securing 10 the landlord ght to Feener and resume
the land. However un~se for both contracting parties
such eonveyanees may seem, it ght TO be renem
bered that a. the time OF their Institution here they
not At all anomalous and they contributed 20 the
settlement Of extensive districts By industrious pop
uaiiOn who had not sufficient capital ~ become ALSO
lutte purchasers Of estates Nor ought IL b BE- forgotten
that until very recently al least the delicate relations
established by these conveysnces generally main
tanned by the landlord with good faith and great kind
ness II indeed there have been sny lust grounds
Of complaint. The evils which exist must be admitted
10 have arisen rather from the ncongruiy Of the sys
tenn, than from abuse. OF II by the proprelors out Of
that gruiiy grew the Anti Rent excitement
The apprehension which Of all others most pro
ioundy dsiurbs the farmer who has cleared i'm
proved cultivated and adorned his estate j. the fear
that he may be deprived of il iorcibly snd without
receiving Just equivaleut II is apparent that such
spprehensions must be perpeiuAly excited by refer
ence % the conditions OF forfeiture and reentry
which have been mentioned. In the lapse Of time
the tenants lose recollection and knowledge Of the
titles Of their landlords Of which they have eyi-
dences and regarding the State the from which
gil titles derived and TO which they return.
when the nghts Of the individual proprietors become
extinct the tenants upon all these estates have alter
naisly feared and invoked resumption OF those
grants by the state such prevailing spprehensons
easily wrought into agitation which deprecates the
value Of land and thus becomes source OF pecuniary
condition OF things results 10 appeals hy the tenants
their fellow citizens n other portions OF the state and
10 the constituted authorities whore sympsthies are
moved. snd who adopt the opinion that tenures
trsordinsry announcement and injurious unjust and
oppressive.
The Ambient excitement tar As can be ascertain
cd from the legislative history OF the State began la the
year eighteen hundred and eleven resolution was
adopted by both Houses Of the Legislature in that year
In the following words
R'olred That Ihs honorable Ambrose Spencer, Of
the Judges " the Supreme Court, together with John
Woodwork and William Van Ness lately appointed Tor
The purpose ~ revising the laws Of tails Stale be
mnuiey 10 examine Ell The pre.ent existing law. relating
10 landlords and hrr 1snatis SD % report To We neNl
Legislature al The commencement OF their next session
What alteration any can be made IN sueh av > for me
benefit Of either Or ulch ne general good may require
without violating the vested right. privileges Of any
person or persons, whatsoever
Those distinguished idrists submitted report that
opened thus early the controversy which has existed
50 long Ia this report they declared that Restraint.
In the nature % spes or quarter sales sgainst sension
are exceedingly Ooeen~-ste and constitute rigid snd
unreasonable burtnens upon tel-,s which the Legss
rre ought 20 remove thst such resfrs., are opoo.el
10 sound policy and the genius ~ our insttuons Al.
very - the objection that the tenants entered y0run-
tary into such obligations and that every person should
be LETT free % contract In such manner b. pleased
they answered that Il the duty Of the Legislature
to protect and guard individuals from oppression"
They recommended that the Legislature should iaso
away the remedies of the landlords tor forioufcs Of the
leases by violation Of the covenants contained in them
snd allow them equitable remuneration in damages
10 be a.crfthlnrl IN nl by inc
tenants
To prevent an increase VI evils. already yeXstous
they recommended that the propnetors VI great
landed estates should thereafter, be Inhibited from
granting lea.ehOld tenures
Abiding 20 the Oh ecuOn that The relief thus recon-
mended for existing evils would impair the Obligation
of contracts and 50 violate the Consultation OF the Uni
ted states they replied that the objection vas untena
be because the object designed not 10 destroy or
mpugn the contract Of the parties but 10 modify the
remedy In such not 20 deprive the landlord
Of Just compensation for the inirscon OF the covenant
Of his tenant but prevent MIN from getting more than
= lust equivalent A bill framed upon the principles
thus recommended was submitted by the Commission,
and attained rsi and second reading in the senste-
In the same year numerous memorials were submitted
TO the Legislature by inhabitants Of the counties Of
MONTGOMERY Delaware. Dutchess OtsegO and Saratoga
repre- that The petitioners tenants OF George
srks and had been informed and believed that the
properly held by them under him, had rested IN the
people Of the state
4 Committee OF which the late kras.us Root was
Chairman. recommended investigation OF the title
snd gave strong ntimaons Of their opinion that the
suit would shew that the state had right % resume That
extensive property During the period Of these iegiss-
tive proceedings similar doubts arose concerning the
title Of he Manor OF Livingston which thereuPon
investigated by the Courts Apprehensions and alarms
spread throughout the entire district covered BY such
tenants and culinsied in eighteen hundred and thr
teen Ia Columbia county. IN the open murder Of the
sheriff Of that county In the exercise OF bis duties Al
ter this event the Ann Rent excitement subsidized IN the
central counties and long reposs Was enjoyed for
IL hi