FREE BOOKS

Author's List




PREV.   NEXT  
|<   3   4   5   6   7   8   9   10   11   12   13   14   15   16   17   18   19   20   21   22   23   24   25   26   27  
28   29   30   31   32   33   34   35   36   37   38   39   40   41   42   43   44   45   46   47   48   49   50   51   52   >>   >|  
as so abundant as land. All notions of exactions and monopolies, therefore, must be untrue, as applied to those two interests at that day. In 1786-7, the State of New York, then in possession of all powers on the subject, abolished entails, and otherwise brought its law of real estate in harmony with the institutions. At that time, hundreds, perhaps thousands, of the leases which have since become so obnoxious, were in existence. With the attention of the State drawn directly to the main subject, no one saw anything incompatible with the institutions in them. _It was felt that the landlords had bought the tenants to occupy their lands by the liberality of their concessions_, and that the latter were the obliged parties. Had the landlords of that day endeavoured to lease for one year, or for ten years, no tenants could have been found for wild lands; but it became a different thing, when the owner of the soil agreed to part with it for ever, in consideration of a very low rent, granting six or eight years free from any charge whatever, and consenting to receive the product of the soil itself in lieu of money. Then, indeed, men were not only willing to come into the terms, but eager; the best evidence of which is the fact, that the same tenants might have bought land, out and out, in every direction around them, had they not preferred the easier terms of the leases. Now, that these same men, or their successors, have become rich enough to care more to be rid of the encumbrance of the rent than to keep their money, the rights of the parties certainly are not altered. In 1789, the Constitution of the United States went into operation; New York being a party to its creation and conditions. By that Constitution, the State deliberately deprived itself of the power to touch the covenants of these leases, without conceding the power to any other government; unless it might be through a change of the Constitution itself. As a necessary consequence, these leases, in a legal sense, belong to the institutions of New York, instead of being opposed to them. Not only is the spirit of the institutions in harmony with these leases, but so is the letter also. Men must draw a distinction between the "spirit of the institutions" and their own "spirits;" the latter being often nothing more than a stomach that is not easily satisfied. It would be just as true to affirm that domestic slavery is opposed to the institutions of the United Stat
PREV.   NEXT  
|<   3   4   5   6   7   8   9   10   11   12   13   14   15   16   17   18   19   20   21   22   23   24   25   26   27  
28   29   30   31   32   33   34   35   36   37   38   39   40   41   42   43   44   45   46   47   48   49   50   51   52   >>   >|  



Top keywords:

institutions

 

leases

 
tenants
 

Constitution

 

landlords

 

bought

 

United

 

parties

 

subject

 

harmony


spirit
 
opposed
 
stomach
 

easier

 

successors

 

spirits

 
encumbrance
 

affirm

 

evidence

 

slavery


domestic
 

direction

 

easily

 

satisfied

 

preferred

 

deliberately

 

deprived

 

consequence

 

conditions

 

change


government
 

conceding

 

covenants

 

belong

 

altered

 

distinction

 

rights

 

creation

 

operation

 

States


letter
 

agreed

 

hundreds

 

estate

 

brought

 
thousands
 

directly

 

attention

 

obnoxious

 

existence