New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1848-01-05

spacter or however they may affect individuals
! communities. Bot this is not the only obga.
30 tina; rests upon Government while engaged
reinforcing obedience 20 the laws. high duty
EVOLVES upon IL 10 seek out any of discon.
.nt thai may exist among ts people | will not
apyose possible that Ia bringing this subject 20
,cur notice. shall be regarded as giving c0unte-
nance - legislation affecting or that may assume
10 affect private rights or impair or weaken the
obligation Of contracts The great object of the in
4 sitution OF government is The protection Of the
rights OF persons and property and that govern
nent which fails b accomplish this object Is utterly
worthless and you do not need TO be informed
that enactments which teek 10 disturb or digtst
private rights that have put on legal forms, are
wholly imperative. II is believed that Of the
fruitful sources Of dsquetrde among tn Sc tenalts
IL the apprehension that their landlords have no
title 70 the lands, aud that after paying rents and
making Improvements for long series Of years
they may, hy virtue of superior title n that IN
der which trey bold. be elected from their posses
ZION. An persons who have held lsrge tracts Of
land can testify n the facility with which reports
Uutavofable 70 the title be put IN circulation,
sad to the mischIevoUs Influence Of such reports
when Uniounded This apprehension that the tile
10 the lands which we are considering is Invalid
nss brought TO the Legislature from time 70 time
applications Tor the passage Of a law requiring the
landlord, in actions q be brought by him against
bis tenants, b prove h. had good paper tile 10
the laads az the time the lease under which the
tensnt holds was executed. In support OF these
applications, they have stated, and correctly tothat
~ the law as it now exists the tenanfry itself is
evidence Of the landlords THE. go that while in
possession they arc not committed 20 more evidence
of It's invadity and that II they abandon the lands
they have no title to assert in themselves, except
such as is derived from the defective title Of their
landlords, which they are seeking % defeat. They
also say and with equal truth. that rs the laws now
their possession and that Of their ancestors as
tenants. IN which 1t has been continued for sOth-
gfCut number Of ne titie 10 fiefr
landlords as elective against ali claimants other
than the Government ms the most perfect title and
they ask that the laws in this particular may be
changed Ny opinions to the prOyriety Of such
legislation were early formed and fully expressed
81 a former period when occupy ing n responsible
Office TINT Of Representative OF highly intelli
gent constituency IN the pOpulous branch Vi the
Legislature of this State.
Ia the absence Of laws governing the acquisition
Of property there could be no titles, and he " no
quires title to property ia sny OF the ways known
g. the laws the tiPe Of us acquisition, IS entitled
T. be protected enjoyment and action Of
the Governmentta vest him Of the interest. ex.
cept the exercise Of that extraordinary attribute OF
sovereignty know as the right OF eminent domain
by which private property IS taken for public use
II therefore follows tnat he WHO has acquired title
4 land by having been in possession himself or
b. those holding under him rs tenants for such
terms cf years the laws Of their country declare
sla work title is Just as much entitled % be pro
t-cted in IFS enjoy mcDt he who Is enabled 70
trace his paper title o. the common source. Legis
latiou which can be subjected 10 the suspicion Of
assuming 10 weaken or impair, however slightly,
the title 10 lands cannot be too carefully avoided
aud inssmuch that which IS sought by the
tenants in this respect is obnoxious to that
charge and would be wholly imperative, / have
not been able to bring myself TO i,s support. The
object 70 be obtained by the tenants Is the as
certainneut OF the title Of their landlord aud this
YOU have ample power 10 effect without offending
m the smallest particular against the laws that
govern the rights OF property or against those
equitable obligations which this State has so often
recOgn zed ia cases where it has had the legal Il
tie TO lands in which others were equitsbly inter
ssted Ia actions 10 he brought by the State in
volvng the tile Tor lands. the obstacles that are
thrown IN the way Of private persons in It's invcst
cation would not be encountered, aud the adjudica
tion would be entirely conclusive and should, and
II Is believed would be entirely satisfactory 10 the
tenants II an action or actions Ct ejectment should
be brought by the State, IN such case or cases as
you may by your wisdom prescribe, and be fairly
tried. the State will have discharged duty which
IN my Judgment, II owes 10 tie importance oil the
subject, aud 10 the interest well Of the landlords
as vi those holding under them IN the character OF
tenants and purchasers IL IS difficult TO under
stand why the sensitive holders OF large tracts
Of land should feel alarmed at the prospect OF such
action on the part OF the Government The cOntirma
ton of their titles cannot fat 20 render essential
service in slsying irritation end dlsquletufe. and
hence increasing the value and pr0dDctigeness OF
their lands and Tam qolte sure IT " NJ not be sup
posed that the State viii engage IN such an enter
Prise for the purpose OF enrching itself The gen
era curfel Of her action in regard to escheets since
the formation OF Government, furnishes the surest
guaranty If her justice aud megnanimiiy AMI II II
shall bee found that the legal title 70 any o' the lands
Tor The receiving OF which any such prosecution
shcil he inftitutcd shall be IN the State, she VIII
cheerfallv release the same 10 such just claimants
as NAV be equitnhy entitled 10 the lands. Ia such
cases the State, in dvesing itself OF The title,
would possess the pOwer-rnd it Is not doubted
would exercise ito protect every equitable IN
teres, thst should be found to atoch to the lands
| will only add in this connection, that while l
should regard every attempt on the part OF Govern.
ment t. e1hsrass or restrain private acquisitions
as an unwarrantsble and despotic ASSUMPTION OF
power ca not doubt that it is the duty OF Govern
Inent ia dispCsing of us public domain ~ c0ntne
the sales far MS q practicable to small parcels
and 10 actual settlers
4 Under the New Constitution think II is now
quite apparent that the Judiciary with wise statu-
tory euactmonts. Will be eminenuy successful
Mach has been done by your predecessors In pro
viding for its organization, but under new system
experience will suggest from time to time the
necessary objects for farther enactments The
power 30 refer equity causes has not yet been con
f,Trcd and references are now, IN effect supmls'
sioos 10 arbitration, ard there is power in the
court 10 correct il any, in the reports made
or 10 be made by such referees or arbitrators and
immediate legislation to provide Tor TINS omission
seems 10 demanded.
A proposition was submitted TO the last Legisa.
tlre 10 provide bylaws for standing referees, but
AN inciued 70 think such legislation is in conflict
with SO much of the Constitution as aboshes Mas
tiers and Examiners in Chancery Ia my Message
ia the opening Of last Session. recommended such
practical division OF labor among the judges OF
the Supreme Court, as would designate one Of the
Judges IN each District TO hold Equity Courts, leav
ing the common law duties to be discharged ~ the
others aud respectfully renew the recommends
e.. Ir.r.e rf.ft t,raa ofTa a
tachine one Judge will think be amply sufficient
for the discharge Of the common aw duties, aad II
We except that District, cannot doubt that sin
gle Judge 10y holding two Equity Courts in each
County Ia his District annually, will hear and dc
eide every cause in readiness. liberal system
OF voluntary exchange by Judges OF several Dis
tricts is doubtless unobiectonabe; but have been
unable from the beginning to understand why
each Judge should be required 10 divide his TINE
among the several Districts As required oy 'ne
al, or If May II. hear.