New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-05-28
Anti-Reut-DificuIties between Landlord ana

u ~ i
R,roiuiioa-Larr,e Crsf has HPhsid PsrooaGy-
Man0r E.ir,,,- Cyreaaais fer SGfs-es1rfsr Sales--
PrsszPfion Rglts-Rssas-y-Jza7 Sfs1esT on t.lse'-
In Assembly. on the Goth ult Just le days be-
fore the session ciosedl Messrs Allabsn. Gregory
w B Wright. Thonss Smith and Tresd~eiL a
majority OF the special COMMITTEES on leasehoid
estates, reported, recommending the passage OFT
House bills authorizing Tenants TO contest tneH
Lsndords ties in certain cases &c -Four days before
the Legislature broke up motion was made TO 'ke Up
,bi. question and II surprising that iAied - 70
g. should have been offered earlier than the second
week in Nay.
Asthe Questions involved in the Anti Rent controversy
directly interest very many Of our euzens We quote
from the above report pert oil rs sam-Hl' sn1 res
soning:
the few onopoze the soil the euliv-iors OF the esrtn
must De either sers slaves or t-nsnts more OF rs
dependent according 10 the yearly dues which tney
nav for the privilege Of lsboring We have only 70
point 10 Mexico Ireland, Germany Italy Austria ana
the whole OF the great Russian Empire ior examples OF
the whitening curse Of land monopoly. WY : u US,
from all those countries our ears are conunuay staIeo
with the cries Of the furnishing and the sroans OF the
oppressed Who will refuse 10 see ana confess thatIne
chef source Of hs, famine and oppression Is the une-
ousl distribution Of the .oil
n-e,snt state Of New York made by the Dutch.
Extensive tracts were ceded 10 rch speculAton upon
single cOnd zion that within nultel uulf hctitA
number Of settlers should be introduced Inc OBJECT
of tbese grants was undoubtedly 10 build up IN ire
new world the same msnorial and baronial system 81
holding lands that prevailed throughout nearly the
whole Of Europe The English. 70 whom the Dutch
surrendered the colony, pursued the same polcy 20
aso did the French in their possessions and the Wnoe
OF Canada East groans under Inc oppression o. lne
Az the breaking out Of the Revolution there was in
the state OF Eew.York more inequality OF wealth ana
condition than in any ether En2ish colony Ale" iami
Il -f.-. ito and mod M
arocrscy speng the manners and assuming the dignity
Of the lords and barons Of the old world The Colonial
Government OF NewYork had scarcely any oil the lea
lures elements Of democracy which entered 50 aise
y into the form and frame work OF the other Colonial
Governments. a.,
The Committee tell Us that after the War Of the
Revolution the Legislature attempted 10 destroy the ars-
ocrac element OF society By the act OF c. intended to
abolish the ftuda system.
But pride and avarce aided by legal skill and crait
and supported byJadd interpretations contrved 10 many
important particulars 20 avoid the effects OF the Law. aud
defeat IL intention. A leasehoid system was devised,
By which the land conveyed in Zee simple but oy
which It still bound by rnany Of the ieud. incl
dents and the grantee covensned to perform ieuoa ser
vices supposed 10 be abolished .
The Committee snow that the PROJECTORS OF the Ma.
nor Estates thus contriyed To hold almost all their
most important feudal rights. They made such illegal
T covenants with their tenants AZ the following
7 Covenants by which tenants are annually 10 perform
days sUrice nh h0rss aud carriage 70 br'nR 10 rae
lessor load r99d nsy well Dc regarded AZ covenants
10 perform rilLein scrrioes Covenants By which the
tenant bound to carry biz grst TO the landlords NH
% be ground by which be must buy his dry goods ana
groceries At his landlords store by which ne cannot
entertain person resident the manor mot even
brother sister father or iriend) without lesve nr't
obtained of his lord incidents OF ieudal tenure
Covenants by which the grantor reserves 10 himself 81
streams OF water aud the land under them ana All MILL
privileges with the liberty Of cutting all timber nrces'
sary to build mills and factories sud the liberty OF how
iug meadows by his dams by which he also reserves
OH mines and minerals with the liberty o. occupying
l.nd aud cutting timber. necessary 10 puhd upon shn
construct his furnaces md FORCES and with the rgnt OF
way The and for All these purposes seem Alse
injurious 10 private enterprise and tne public good
/ An the leases upon the manor OF Benssclaer"yck'
contain one more Of these ohlccuonioe covenants
and Columbia Delaware, Schohsrie, schenectady Mont
gomery Otse.O, Ulster. Sullivan and Datcness Couhues
IRE more or less covered with leases containing the
and similar covenants. 90.
Covenants for quarter nth sixth tenth and twelfth
sales by which the upon every transfer o. tha
land IL bound pay 20 his landlord one lourh hltn
sc OF the purchase money, are contained IN al ne
leases. These covenants ere but another name Tor
fines for alienation, and are device ~ wulch me
landlord preserves 20 himself another etddl Fciaent
contrary 10 the spirit Of the act Of llc1 And "hstrto
der these covenants peculiarly oneTous aud rtJist Is
the fact that the quarter fiih sc Of tire purchase mo
uey Is construed as your committee 10 informed 70
supy 10 the whole value OF the premises with Oh me
tenants additions and Improvements, Increased also
perhaps by the general growth OF the country OF vac
vicinity OF city manufacturing village ir stead OF
applying they strictly should only to the value OF the
land Al the time IL was leased.
Another
of preempton reserved the landlord by which every
tenant desirous TO sell bound fret TO offer the pren
SEA % his lord
Each and every Of these covenants s declared 20
to be part of the confederation Of the grant and the
non.lulhnent of any one, works forfeiture OF the
whole and gives 20 grantor his heirs and assigns
right 20 Renter and possess the premises.
II either OF the covenants OF these leases should
be declared Illegal and void IL being pert OF the con
sheraton the question might srise whether the whole
instrument not thereby violated
Your Committee understand that large number OF
ejectment suits pending In the Supreme Court
Tor the alleged violation of the covenants 10 pay quar-
ter fifth &c sales. In l-l2, Commission. consisting
of the distinguished Judges Spencer, Woodwork and
Van Ness, made report to the Legislature in which
they express their opinion that the quarter sale reserva
tons are void Il regretted that the Legislature
did that time interfere and put an end to the ma
mortal system.
In ali cases Of reEnry under existing laws, the land
lord not only obtains possession Of the land as leased
but all the betterments OF the tenant la almost all
the OF the tenant constitute the CHIEF
value OF the premises We conceive that justice de
uands that the landlord should pay to the tenant the
value OF the properly and above tho value Of his
leasehOld interest