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
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