o his eldest son, under our statute, as to say that the law of
Edward I. prevents parties from _bargaining_ for quarter-sales. Altering
a provision of the common law does not preclude parties from making
covenants similar to its ancient provisions.
Feudal tenures were originally divided into two great classes; those
which were called the military tenures, or knight's service, and
_soccage_. The first tenure was that which became oppressive in the
progress of society. Soccage was of two kinds; free and villian. The
first has an affinity to our own system, as connected with these leases;
the last never existed among us at all. When the knight's service, or
military tenures of England were converted into free soccage, in the
reign of Charles II., the concession was considered of a character so
favourable to liberty as to be classed among the great measures of the
time; one of which was the _habeas corpus_ act!
The only feature of our own leases, in the least approaching "villian
soccage," is that of the "day's works." But every one acquainted with
the habits of American life, will understand that husbandmen, in
general, throughout the northern States, would regard it as an advantage
to be able to pay their debts in this way; and the law gives them an
option, since a failure to pay "in kind," or "in work," merely incurs
the forfeiture of paying what the particular thing is worth, in money.
In point of fact, money has always been received for these "day's
works," and at a stipulated price.
But, it is pretended, whatever may be the equity of these leasehold
contracts, they are offensive to the tenants, and ought to be abrogated,
for the peace of the State. The State is bound to make all classes of
men respect its laws, and in nothing more so than in the fulfilment of
their legal contracts. The greater the number of the offenders, the
higher the obligation to act with decision and efficiency. To say that
these disorganizers _ought_ not to be put down, is to say that crime is
to obtain impunity by its own extent; and to say that they _cannot_ be
put down "under our form of government," is a direct admission that the
government is unequal to the discharge of one of the plainest and
commonest obligations of all civilized society. If this be really so,
the sooner we get rid of the present form of government the better. The
notion of remedying _such_ an evil by concession, is as puerile as it is
dishonest. The larger the conce
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