The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-01-29
FAR DON
PROCLAMATION

nI0SINGnos
PROCLAMATION
JOHN YOUNG, Governor or the State OF
New York.
ExKcUrrvE CHAMBER,
More than eleven thousand citizens have by petitions
directed the Governors attention certain prsone RS
confined in the State Prison in the county OF Clinton
namely Smith A. Boughton John H. Coons, ana Thos
Morgan, who were convicted in Columbia county and
Moses Earl and fourteen others who received their
fences In Delaware county The object and the of
these petitions alike unusual. The petitioners soil
cit for these convics not merely relaxation of punish
ment for such OF them as might be favoraby dstin
guished from the Others but absolute pardon of ALL
with simultaneous restoration of their forfeited rights
serious misdemeanoIs. others Of felony, and two Of
murder
Power to pardon offences against society and govern
ton The Governor their trustee can exercise TINT
power only in their name and with just regard their
security and welfare No occasion has occurred
when the Executive authority solicited by so many
citizens to extend all at once the forgiveness Of
is customary, in recommending pardon to state the
crime, its nature, motives, circumstances of aggra
walton, or mitgation the time place, and manner of
conviction the nature and effect of the testimony the
measure OF punishment the age of the offender his char
acter and conduct, previous to conviction and his do.
nestle and social relations and subsequent department
Each and all Of these considerations SO generally enter
into the exercise OF the pardonng power that appca
chives in which all Of them are omitted In the present
case the petitioners although Of course deeply interest
ed as ell their in the alton of
public order and social virtue content with simply
representing that the culprs are "langushng in the
prisons Of the state having been convicted OF offences
growing out Of the SO called anti rent excitement" This
brevty implies what is indeed true that the subject is at
once peculiar and generally understood. The auson
disturbances Of the public tranquility, which has called
into action the powers of every department of the gov.
crnment has been attended with many powerful Incl.
de- nf
much solictude.
The title to the lands within the State of New York
was originally invested in the sovereign authority.
From its earliest organization patents freely issued
conveying absolute estates and the circumstances of
sSuns,y together with the policy Of our laws and the
vision Of the SOIL that generally land held in small
portions by citizens who enjoy its wealth
Certain purchasers however as they were various.
~ called patentees patroons or lords carly obtained
from the British soveregns letters patent granting large
districts in the central regions of the colony Some
those proprieors in spirit Of emulation then deemed
political judicial and Legislative privileges and advanta
gos which have long since become obsolete With re-
system of granting lands not absolutely in fee simple by
deeds, but qualified estates in fee simple by instr.
PATRON landlord reserved for his own use ali water
pow and mineral wealth. Perpetual rents reserv-
ed portions of which were payable in wheat and sup
plies for The table OF the proprietor and the residue
services labor to be performed the tenants about
his house Alienation by the tenants was restrain.
ed unless with the lords consent to be obtained by pay
ing him one quarter some other part of the
chase money The right to dsrain for rent but
not then unusual legal remedy was incorporated in he
leases with stringent covenants for the OF
and other purposes; and with various conditions securing
to the landlord right to reenter and the land
veyances may now SEEM it ought to be remembered that
at the time of their institution here they were not at all
ensive districts by industrious population, who had
not oucient capital to become absolute purchasers
estates Nor oughtto be forgotten that until very re.
Gently ct least the delicate relations established
conveyances were, generally, maintained by the land
lord with good faith and great Kindness indeed there
have been just grounds Of complaint The evils
which exist be admitted to have rather from
the Of the system than abuses of il by
the propretors Out Of that incongruity grew the anti
The apprehension. which Of all others, most pro-
foundy disturbs the farmer who has cleared improved
cultivated and adorned his estate is the fear that he
may be deprived Of nforcibly and without receiving
just equivalent is apparent that such apprehe
must De Perpeualy excited by reference to the cond
tons OF forfeiture and re'entry which have beet men
toned In the lapse of time the lose ctor
and knowledge Of the titles OF their landlords OF which
source from which all titles derived and to which
they must return when the rights Of the individual pro
pretor become extinct the tenants upon ali of these
estates have alternately feared and invoked
Of those grants by the State Such pervadng app
sions arc easily wrought into an agitation which depre
cates the value OF land and thus becomes source
pecuniary embarrassment to all of the parties interested
This condition of things results in appeals by the tenants
and to the constituted authorities whose sympahies are
neved and who adopt the opinion that so extra
ordinary announcement and injurious, unjust and op
pressivs.
The anti-rent excitement far as can be escertained
from the Legislative history Of the State began the
year eighteen hundred and eleven resolution wa.
adopted by both houses of the legislature in that
the following words -
Resolved That the Honorable Ambrose Spencer ont
q as dso sus with 5S
for the purpose Of revising the law OF this State be re
quested minutely to examine the present existing
laws relating to landlords and their tenants and
to the at the commencement OF their
session what alterations IL any, cen be made in such
laws for the benefit of either or which the genera
good may require without violating the vested rights OF
privileges Of any person, or persons, whatsoever"
Those distinguished juriss submitted report which
long In this report they declared that restraints in
the nature Of fines or quarter Sales against alienation
exceedingly Objectionable, and constitute rigid and
unreasonable burhens upon tenants which the
ture ought to remove that such restraints opposed
to sound policy and the genius OF our institutional Ad
verng to the objection that the tenants entered volun
tarily into such obligations and that every person
should be left free to contract in such manner he
pleased. They answered, that " it q duty Of the
Legislature to protect and guard individuals from op
They recommended, that "the Legislature should
take away the remedies OF the Landlords for forfeures
of the leases by violation Of the contained
them, and allow them an equitable remune ration in
damages to be ascerained in court Of equity and paid
by the tenants"
To prevent an increase of evils already vexatious
they recommended, that the proprieors OF great land
ed estates should thereafter be inhibited from granting
leasehold tenures."
Abiding 10 the objection that tho relief thus
mended for existing evils would impair the obligation
Of contracts and violate the constitution of the United
States they replied that the objection unenable
because tho object designed not to destroy, i'm
pugn the contract of tho PARTIES but to modify the
NEEDY in such q not to deprive the landlord OF
Just compensation for the nacton of the covenant
his tenant but to prevent him from getting more than
just equivalent" bill framed upon the principles thus
recommended, was submitted by the commission, and
thus attained 6rst aud second reading in the Senate
In the numerous memorials submitted "a
the legislature by inhabitants OF the counties Of Mont
gomery, Delaware, Duchess Otsego and Saratoga,
presenting that the petitioners were tenants Of George
Clarke aud had been informed and believed that the pro
perry held BY them under hin had vested in the people
Of the state committee, of which the late Erssus
Root was chairman, recommended an investigation Of
the titls and gave strong limitations Of their opinion
mat the result would show that the state had right &c
resume that extensive property During the period Of
these Legislative proceedings, similar doubts
corning the title Of tha Manor Living which