New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-04-28
NETWORK TRIBUNE.
NEW-YOnK. WEDNESDAY. APRIL %.
0ur Iund.Laws.

sTrlctolcss
Length AID wiki decided stl.-complsceny on orr
want of precision both in ideas and expression
our deficient legal training" &c. We may now
confess. 20 some such ideas our own part with re-
card 70 the Editor Of the Commercial BAT we thought
{, more courteous to let the reader remark the de-
fact without suggestion on OR part. The Eoitcr
proceeds;
striking Illustration Of what we have been saying
10 furnished by the last paragraph but one oil Inc N
huoe sr,icls quoted above. To our mho-to tbe niho
~ spv ma an familiar with legal OBSERVATION-DISCLOSURES t~o
csses descrbrd are posiuyely Identical AT the oesln
nns The Tribune gives its opinion that IN acsim Tor the
rent OF improved propery-tna'is properly cIes'so
or rendered by sbortne lease should 90
vrfna faet, evidence OF the cls &c which s precise
" wast contend for. But then The Tribune goes on
20 specify the proc by which vsue mas been gwen
70 Wild land snd sdds that 10 sch case the yaluegiver
ought 10 be presumed the rghtiol owner Nov what s
fhe Difference between these two cases Does lie m
the use Of word property in and OF the word land
10 the other Or does The tribune mean that In one
case the leased property was improved before ms lease
was granted In the other no, iii after Z
1--WE have dwet thus this suojse, because we per
eeive that discussion between us and The Tribune can
have good result unless some means Dc devised 10
Insure deAnve accuracy In the positions expressed on
either sids We therefore propose before gong any
farther. settle the points which we are 70 argue
and to this end respectfully solicit from The Tribune
specific answer TO the following questions;
81. Does The Tribune contend that when land 10
Ia the posses sion of BY whom by whose snces
il has been reclaimed from state oil nature snd
made valuable the law ought 10 presume him the right
full own and throw upon any person claiming 70 o. o.
landlord the burden OF proving that bis is the nshu
clsirnf
80 Does The Tribune admit the distinction between
pos.e.s snd the right Of possession and that the Tor
ner msy legally and equtaby be In one man sno 'he
latter 10 snothsrl
tbs IL indispsns able TO the system of or
gsnzsd soceiy-thst without II there can be 20 secu
rity for property by operation OF law, or BY anything
but force
These questions lie at the foundation Of the subject
- we prOpose 70 discuss IT, We must dispose oil them
before can 60 any farther II The Tribune answers
yss 70 each we ready for the argument II no 10
any II must be- kind enough 10 present n views 10 tne
negative ss preliminary 10 the discussion
We presume none OF our readers so obtuse
az to be ignorant that we considering what
toe law in respect 70 landholdiDs ought 70 Be, not
what it IS, when we stated that in all where
tho occupant Of farm or bis ancestors had done all
the work and paid all the taxes upon it, locating
thereon when it was in the state OF primitive vii
derness and rendering it fruitful and habtsble the
Law ought to presume him the true owner until
some other man bad proved title. If some one
should come forward and say, claim the night to
turn the occupant Off of the farm be has cleared and
out of the house he has built because be took ofme
lease OF the premises" we would have the Law
say, prove your Tor your sncestor's) right to i'm.
pose that lease on him" We have never doubted
that the law actually IS otherwise we are arguing
for a change Of the law, confident every
body but one understands us.
The Commercial, indeed, urges that the case
here presented is at all different from that of
the leaseboder who hired an improv farm or brick
house. or that the only difference is caused by the
use Of the word property in the one case and land
in the other. But this 10 taking for granted the
very matter in dispute. We understand the word
property to imply rightiully some product Of Hu.
man Labor and when any man talks of bis pro-
perty in the fish Of the sea. the breeze land.
the deer In the forest the serf on plantation the
suinhsbited primevsl forest itself save to limited
extent as the necessary complement of some i'm
proved farm we answer" If the Law of the Land
: declare these your property, we bow to its de
Session, holding with Mr.. Clay that That is pro
. perry which the Law makes property but at the
sssssensy; Jaw
should be conformed to those Of Nature Have
we been precise enough now to make the CONNER.
cial understand that we think the Law of the land
which fully authorizes man to become propri.
stor Of all the unimproved Soil Of the Earth and to
hold IL up for lease sale to the needy at such
times and in such tracts his own interest shall
dictate, is bad law, tending strongly to foster and
facilitate the natural inclination Of tue cunning and
the powerful to appropriate to their own large
share Of the products Of the labor Of the poor and
the simple without due consideration
We are ready to answer the Cor .;etcisls cues
lions:
l. Yes . Yes but qualified as above indicated
s. Do do.
And now for a question or two on our side.
viii the Commercial be so good as to tell us;
l. What would be the practical injustice harm
Of requiring every man who assumes TO be land
lord Of extensive tracts OF virgin soil to be provided
with ttie thereto as prerequisite to the legal
collection of rent shereupon the legal eviction OF
the actual inprover and cultivator therefrom
O. What would be tue harm or wrong of provid.
ing by law that no man shall hereafter be allowed
topurchase or take than 800 Of the lands
now public State or atona and this only for ac-
taal settlement and improvement Is i, not mani.
fest that the present system enables Speculation to
run ahead Of Settlement and buy up all the choice
locations las We see that the Falls Of ST. Anthony
have already been clutche d. to be sold or rented
out at enormous adv ance to the actual settlers
Of the vicinity Is not here an unnecessary and
pernicous tax Labor, which Governments
should rather forbid than facilitate
,. You say that 4 lesseholder may now, BY re
sorting to legal fiction averrins that he has been
elected by some else, bring to issue and over.
throw or establish the validity of his landlords
title. If proper that he should do this indirect
ly. why not direoty If he may rightiully do il c..
tho strength of the lie that he has been evicted |
why not ON an avsrment OF the simple truth that he
believes his alleged landlord has no valid title and
tina. ne wishes him to show one before exac,ne and
receiving ony more reuti
When these questions answered, perhaps
the defects Of our legal training will be somewhat
remedied
IowA--The Philadelphia North American learns
by Telegraph hom Pittsburgh that the official re.
turns give Harlan, the Wing candidate for Super
intendept Of Public Instruction ma jorty Of l644
The Looos elect three Judges-the Whigs, one