The New York herald., 1871-04-08
LAND TzKUREs AND TITLES.
Lecture by Judge Larrenoro at tho Law
University.

Lecture by Judge Larremoro at tho Law
University.
Judge Larremore, Of the Court Of Common Pleas
lectured last evening" Mt the Law University, upon
the LAW OF Land Tennres and Titlcs,u before
large assemblage, mostly members OF the bar, law
students-those attending for the Information to be
garnered-and their friends, drawn by the known
ability OF the lecturer to treat so dry subject
in q comprehensive and pleasing manner. The lee
ture, as will be seen, replete with law erudi-
tion and was Interesting throughout. Judge Larre-
more said:-
popular lecture upon law Is us difficult in It's in
cepion as ills unsatisfactory results The attempt
one department. or legal science might well baffe
the skill or the most eminent jurist With no atec-
tatioh OF modcsty then, may one yet In the alphabet
o. jurisprudence oespeaK your Indulgence III the
humble enort that IS now to engage your attention.
IN; righ OF property and its possession is cocval
win our existence. The infant early learns to clutch
the TOY and appropriate 1t to his own use. AS age
advances THIS feeling Is developed and manifested
IN more appropriate ana enlarged acquisitions OF
worldly pelf until IL eliminates in generous compe-
tence or princey atiluence. All human effort is
labor or body or brain, the end sought Is It's
equivalent in earthly possessions. But The things
tnas perish WIN the using, or that by chance or
Ee9ect might Clip from the grasp OF their possessor,
could not alone satisfy tnat inOrdnate desire OF
race that ionged Tor permanency, as well as perma-
nent enjoyment IN property. The earth, 10 which
man could claim u title derived nom DIVINE
authority, eventually offered that security Of invest
In The Curriculum OF legal studies we ind special
prominence given to that OF land tenures. And
and rejects the worlds progress in civilization and
science. Sacred writer's also have symbollzed the
ana both IN tp ana parable and
session. Wars have been waged and d. nastes
overtnrown IN the acquisition OF territorial rlghts
ana we, the descendants OF one common ancestor,
calmly review that system Of inheritance tnat has
come uown % us through the vicisstudes oil GEN.
,urles. Our subject suggests threeiold division In
Fust--Tne origin and nature OF tenures.
acquired ana perpetlated.
Ihud-Iheir influence upon governments ana
individuals.
The Lecturer then reviewed the history OF tenurcs
III England under Saxon and Norman relgu, and
showed how ..by the progress OF civilization the
)eudal service changed in It's characters the sword
gave place TO the ploughsharo, the spear to the
pruning hook and agriculture supplanted chivary;"
are ellodial, yet their possessor must be ioyaI.
so much, at least Of IeudalIsm survived, that ALE
glance TO government was st the earnest OF It's
protection, and aJtander or person was followed by
forfeiture or property. He described the dnerent
estates now in use and referred to that OF
snow how Wisely the law had guarded the rights OF
those VINO had no voice In legislation, while OF an
estate by the courtesy he remarked that in this
STATE the courtesy was no longer extended but was
''more honored IN the breach than In the observ.
ance.n
The review was suppleme ented by reference TO the
statute, from which he deduced the conclusion that
in theory the government is the all titles,
but IN practical sense the principle OF tenure ap-
practical purposes the absolute owner OF his estate,
YET the terms OF tenure are IN constant use and its
spirit SO lninsed in our law that technically all
ers and holders OF land may be called tenants"
That though escheat was perquiste OF the govern
willingly relinqulsned her CLAIM for the benefit of
her SUBJECTS Tnat the only condition to ownership
IN lands was citizenship, and that was based upon
the theory "that those who control the soil should
themselves be controlled by allegiance to that gov
ernment wherein resides the ultimate right OF pro-
Title by occupation BY descent, devise and ueed
were each in turn explained The students were
advised to acquire thorough proficiency In draft
ing any legal document without the assistance OF
forms or banks. No objection existed as TO their
use for convenience but they should never become
the substitutes for actual knowledge. The lawyer
VINO selects book OF forms for his Udde mccain is
always perambulatlng on Suits and wnl ultimately
forget or lose the natural use OF his limbs.
The students were invited to follow the lecturer
In tracing out chain OF title, in which the various
greatest care and precauton should be observed in
every such examination, but even then point OF
position certainly could NOT be reached.
. There will always exist the locus 1)1n1teptie Of
human failibility. the beautiful expression Of
referring TO . species of somnambulism. With ali
the safeguards we can surround title, errors like
tares into the soil itself, Will Ofttlmes become ap
parent
Tie influence OF land tenures upon governments
and individuals could be traced in the worlds his
tory, which. to certain extent was q complete alb
siract of title. Acquisition OF land has alike fnfu-
enced the consolidation Of political supremacy and
furnished the means OF its annlhlaton.
The Roman empire fell as much by weight or ter
ritory py want OF virtue. Agrarianism in Europe
and antl-rentisn In America were colncioent
phrases In the record OF nations Each In turn re-
sisted the servltude and battled for the freedom OF
the soil. The man whose Interest was lawfully iden-
tiled with the soil acquired that stability OF charac-
ter which ultimately developed IN patriotic zeal for
the support and defence OF government. Tell re-
kinded The embers OF patriotism amid the noun
tans OF Switzerland. and baronal iefs tottered 10
their foundations and the oppressive barons were
driven out OF the country. Bruce and Wallace
reused the spirit Of Scotland TO resist the en-
croachmenis oil ar1stocratlc oppression. The
attempted reclamation OF her old boundaries on the
Rhine, brought desolatiOn to France, while
1t united aud re-estabished the German
empire. From the oppressed tenantry OF
Great Britain are borne the murmurs of
long the people Will be content to have some 3O 900
men own all the land OF the Kingdom while the poor
grow poorer and the rich richer and more extruya-
giant. Freedom Is arrayed feudasm.
Self-goyernment and monarchy must soon meet in
conflict Alter reverting to the legislation by Para-
ment to satisfy public sentiment the lecturer con-
cluded as foilows:-"Agricultur will ever be the
handmald OF independence, patriotism the natural
product oil the soil, and land tenures the sheet
anchor OF conservatism. How important then,
the study that explains and the leg'sla.
ence, Inc stern vicssltudes OF trade and COM
nerce afford but doubtful satisfaction to their deyo-
tees. The boarded treasure may vanish in night
The airy bubble OF speculation dissolves in the full
light OF reality and experience, put sure and stable
the land itself shall be the interests or its nos
sessor And when desire shall fall and liies con-
ct shall be ended we all shall lie down In the en-
brace or our mother earth ana yield her back what
she first gave us.