The Redskins: or, Indian and Injin. Volume 1. Cooper James Fenimore
was due to him a sum of something like two hundred thousand dollars of back-rents, and of which he had made a special disposition in his will, vesting the money in trustees for a certain purpose. It was the attempt to collect this money which first gave rise to dissatisfaction. Those who had been debtors so long, were reluctant to pay. In casting round for the means to escape from the payment of their just debts, these men, feeling the power that numbers ever give over right in America, combined to resist with others who again had in view a project to get rid of the rents altogether. Out of this combination grew what have been called the 'manor troubles.' Men appeared in a sort of mock-Indian dress, calico shirts thrown over their other clothes, and with a species of calico masks on their faces, who resisted the bailiffs' processes, and completely prevented the collection of rents. These men were armed, mostly with rifles; and it was finally found necessary to call out a strong body of the militia, in order to protect the civil officers in the execution of their duties."
"All this occurred before we went to the East. I had supposed those anti-renters, as they were called, had been effectually put down."
"In appearance they were. But the very governor who called the militia into the field, referred the subject of the 'griefs' of the tenants to the legislature, as if they were actually aggrieved citizens, when in truth it was the landlords, or the Rensselaers, for at that time the 'troubles' were confined to their property, who were the aggrieved parties. This false step has done an incalculable amount of mischief, if it do not prove the entering wedge to rive asunder the institutions of the State."
"It is extraordinary, when such things occur, that any man can mistake his duty. Why were the tenants thus spoken of, while nothing was said beyond what the law compelled in favour of the landlords?"
"I can see no reason but the fact that the Rensselaers were only two, and that the disaffected tenants were probably two thousand. With all the cry of aristocracy, and feudality, and nobility, neither of the Rensselaers, by the letter of the law, has one particle more of political power, or political right, than his own coachman or footman, if the last be a white man; while, in practice, he is in many things getting to be less protected."
"Then you think, sir, that this matter has gained force from the circumstance that so many votes depend on it?"
"Out of all question. Its success depends on the violations of principles that we have been so long taught to hold sacred, that nothing short of the over-ruling and corrupting influence of politics would dare to assail them. If there were a landlord to each farm, as well as a tenant, universal indifference would prevail as to the griefs of the tenants; and if two to one tenant, universal indignation at their impudence."
"Of what particular griefs do the tenants complain?"
"You mean the Rensselaer tenants, I suppose? Why, they complain of such covenants as they can, though their deepest affliction is to be found in the fact that they do not own other men's lands. The Patroon had quarter sales on many of his farms – those that were let in the last century."
"Well, what of that? A bargain to allow of quarter sales is just as fair as any other bargain."
"It is fairer, in fact, than most bargains, when you come to analyze it, since there is a very good reason why it should accompany a perpetual lease. Is it to be supposed that a landlord has no interest in the character and habits of his tenants? He has the closest interest in it possible, and no prudent man should let his lands without holding some sort of control over the assignment of leases. Now, there are but two modes of doing this; either by holding over the tenant a power through his interests, or a direct veto dependent solely on the landlord's will."
"The last would be apt to raise a pretty cry of tyranny and feudality in America!"
"Pretty cries on such subjects are very easily raised in America. More people join in them than understand what they mean. Nevertheless, it is quite as just, when two men bargain, that he who owns every right in the land before the bargain is made, should retain this right over his property, which he consents to part with only with limitations, as that he should grant it to another. These men, in their clamour, forget that until their leases were obtained, they had no right in their lands at all, and that what they have got is through those very leases of which they complain; take away the leases, and they would have no rights remaining. Now, on what principle can honest men pretend that they have rights beyond the leases? On the supposition, even, that the bargains are hard, what have governors and legislators to do with thrusting themselves in between parties so situated, as special umpires? I should object to such umpires, moreover, on the general and controlling principle that must govern all righteous arbitration – your governors and legislators are not impartial; they are political or party men, one may say, without exception; and such umpires, when votes are in the question, are to be sorely distrusted. I would as soon trust my interests to the decision of feed counsel, as trust them to such judges."
"I wonder the really impartial and upright portion of the community do not rise in their might, and put this thing down – rip it up, root and branch, and cast it away, at once."
"That is the weak point of our system, which has a hundred strong points, while it has this besetting vice. Our laws are not only made, but they are administered, on the supposition that there are both honesty and intelligence enough in the body of the community to see them well made, and well administered. But the sad reality shows that good men are commonly passive, until abuses become intolerable; it being the designing rogue and manager who is usually the most active. Vigilant philanthropists do exist, I will allow; but it is in such small numbers as to effect little on the whole, and nothing at all when opposed by the zeal of a mercenary opposition. No, no – little is ever to be expected, in a political sense, from the activity of virtue; while a great deal may be looked for from the activity of vice."
"You do not take a very favourable view of humanity, sir."
"I speak of the world as I have found it in both hemispheres, or, as your neighbour the magistrate 'Squire Newcome has it, the 'four hemispheres.' Our representation is, at the best, but an average of the qualities of the whole community, somewhat lessened by the fact that men of real merit have taken a disgust at a state of things that is not very tempting to their habits or tastes. As for a quarter sale, I can see no more hardship in it than there is in paying the rent itself; and, by giving the landlord this check on the transfer of his lands, he compels a compromise that maintains what is just. The tenant is not obliged to sell, and he makes his conditions accordingly, when he has a good tenant to offer in his stead. When he offers a bad tenant, he ought to pay for it."
"Many persons with us would think it very aristocratic," I cried, laughingly, "that a landlord should have it in his power to say, I will not accept this or that substitute for yourself."
"It is just as aristocratic, and no more so, than it would be to put it in the power of the tenant to say to the landlord, you shall accept this or that tenant at my hands. The covenant of the quarter sale gives each party a control in the matter; and the result has ever been a compromise that is perfectly fair, as it is hardly possible that the circumstance should have been overlooked in making the bargain; and he who knows anything of such matters, knows that every exaction of this sort is always considered in the rent. As for feudality, so long as the power to alienate exists at all in the tenant, he does not hold by a feudal tenure. He has bought himself from all such tenures by his covenant of quarter sale; and it only remains to say whether, having agreed to such a bargain in order to obtain this advantage, he should pay the stipulated price or not."
"I understand you, sir. It is easy to come at the equity of this matter, if one will only go back to the original facts which colour it. The tenant had no rights at all until he got his lease, and can have no rights which that lease does not confer."
"Then the cry is raised of feudal privileges, because some of the Rensselaer tenants are obliged to find so many days' work with their teams, or substitutes, to the landlord, and even because they have to pay annually a pair of fat fowls! We have seen enough of America, Hugh, to know that most husbandmen would be delighted to have the privilege of paying their debts in chickens and work, instead of in money, which renders the cry only so much the more wicked. But what is there more feudal in a tenant's thus paying his landlord, than in a butcher's contracting to furnish so much meat