The Chainbearer: or, The Littlepage Manuscripts. Cooper James Fenimore
major doesn't mean to rob me of all my hard earnin's!"
"Mr. Newcome, rob is a hard word, and one that I beg may not be again used between you and me. I have no intention to rob you, or to let you rob me. The pretence that you are not, and were not acquainted with the conditions of this lease, comes rather late in the day, after a possession of a quarter of a century. You know very well that my grandfather would not sell, and that he would do no more than lease; if it were your wish to purchase, why did you not go elsewhere, and get land in fee? There were, and still are, thousands of acres to be sold, all around you. I have lands to sell, myself, at Mooseridge, as the agent of my father and Colonel Follock, within twenty miles of you, and they tell me capital mill-seats in the bargain."
"Yes, major, but not so much to my notion as this – I kind o' wanted this!"
"But, I kind o' want this, too; and, as it is mine, I think, in common equity, I have the best claim to enjoy it."
"It's on equity I want to put this very matter, major – I know the law is ag'in me – that is, some people say it is; but some think not, now we've had a revolution – but, let the law go as it may, there's such a thing as what I call right between man and man."
"Certainly; and law is an invention to enforce it. It is right I should do exactly what my grandfather agreed to do for me, five-and-twenty years ago, in relation to these mills; and it is right you should do what you agreed to do, for yourself."
"I have done so. I agreed to build the mills, in a sartain form and mode, and I done it. I'll defy mortal man to say otherwise. The saw-mill was smashing away at the logs within two months a'ter I got the lease, and we began to grind in four!"
"No doubt, sir, you were active and industrious – though, to be frank with you, I will say that competent judges tell me neither mill is worth much now."
"That's on account of the lease" – cried Mr. Newcome, a little too hastily, possibly, for the credit of his discretion – "how did I know when it would run out? Your gran'ther granted it for three lives, and twenty-one years afterward, and I did all a man could to make it last as long as I should myself; but here I am, in the prime of life, and in danger of losing my property!"
I knew all the facts of the case perfectly, and had intended to deal liberally with Mr. Newcome from the first. In his greediness for gain he had placed his lives on three infants, although my grandfather had advised him to place at least one on himself; but, no – Mr. Newcome had fancied the life of an infant better than that of a man; and in three or four years after the signature of the lease, his twenty-one years had begun to run, and were now near expiring. Even under this certainly unlooked-for state of things, the lease had been a very advantageous one for the tenant; and, had one of his lives lasted a century, the landlord would have looked in vain for any concession on that account; landlords never asking for, or expecting favors of that sort; indeed most landlords would be ashamed to receive them; nevertheless, I was disposed to consider the circumstances, to overlook the fact that the mills and all the other buildings on the property were indifferently built, and to relet, for an additional term of twenty-one years, woodlands, farms, buildings, and other privileges, for about one-third of the money that Mr. Newcome himself would have been apt to ask, had he the letting instead of myself. Unwilling to prolong a discussion with a man who, by his very nature, was unequal to seeing more than one side of a subject, I cut the matter short by telling him my terms without further delay.
Notwithstanding all his acting and false feeling, the 'squire was so rejoiced to learn my moderation that he could not but openly express his feelings; a thing he would not have done did he not possess the moral certainty I would not depart from my word. I felt it necessary, however, to explain myself.
"Before I give you this new lease, Mr. Newcome," I added, holding the instrument signed in my hand, "I wish to be understood. It is not granted under the notion that you have any right to ask it, beyond the allowance that is always made by a liberal landlord to a reasonably good tenant; which is simply a preference over others on the same terms. As for the early loss of your lives, it was your own fault. Had the infants you named, or had one of them, passed the state of childhood, it might have lived to be eighty, in which case my timber-land would have been stripped without any return to its true owner, but your children died, and the lease was brought within reasonable limits. Now the only inducement I have for offering the terms I do, is the liberality that is usual with landlords, what is conceded is conceded as no right, but as an act of liberality."
This was presenting to my tenant the most incomprehensible of all reasons for doing anything. A close and sordid calculator himself, he was not accustomed to give any man credit for generosity; and, from the doubting, distrustful manner in which he received the paper, I suspected at the moment that he was afraid there was some project for taking him in. A rogue is always distrustful, and as often betrays his character to honest men by that as by any other failing. I was not to regulate my own conduct, however, by the weaknesses of Jason Newcome, and the lease was granted.
I could wish here to make one remark. There ought certainly to be the same principle of good fellowship existing between the relations of landlord and tenant that exist in the other relations of life, and which creates a moral tie between parties that have much connection in their ordinary interests, and that to a degree to produce preferences and various privileges of a similar character. This I am far from calling in question; and, on the whole, I think, of all that class of relations, the one in question is to be set down as among the most binding and sacred. Still, the mere moral rights of the tenant must depend on the rigid maintenance of all the rights of the landlord; the legal and moral united; and the man who calls in question either of the latter, surely violates every claim to have his own pretensions allowed, beyond those which the strict letter of the law will yield to him. The landlord who will grant a new lease to the individual who is endeavoring to undermine his rights, by either direct or indirect means, commits the weakness of arming an enemy with the knife by which he is himself to be assaulted, in addition to the error of granting power to a man who, under the character of a spurious liberty, is endeavoring to unsettle the only conditions on which civilized society can exist. If landlords will exhibit the weakness, they must blame themselves for the consequences.
I got rid of Mr. Newcome by the grant of the lease, his whole manœuvring having been attempted solely to lower the rent; for he was much too shrewd to believe in the truth of his own doctrines on the subject of right and wrong. That same day my axe-men appeared at the 'Nest, having passed the intermediate time in looking at various tracts of land that were in the market, and which they had not found so eligible, in the way of situation, quality, or terms, as those I offered. By this time, the surveyed lots of Mooseridge were ready, and I offered to sell them to these emigrants. The price was only a dollar an acre, with a credit of ten years; the interest to be paid annually. One would have thought that the lowness of the price would have induced men to prefer lands in fee to lands on lease; but these persons, to a man, found it more to their interests to take farms on three-lives leases, being rent-free for the first five years, and at nominal rents for the remainder of the term, than to pay seven dollars a year of interest, and a hundred dollars in money, at the expiration of the credit.11 This fact, of itself, goes to show how closely these men calculated their means, and the effect their decisions might have on their interests. Nor were their decisions always wrong. Those who can remember the start the country took shortly after the peace of '83, the prices that the settlers on new lands obtained for their wheat, ashes, and pork; three dollars a bushel often for the first, three hundred dollars a ton for the second, and eight or ten dollars a hundred for the last, will at once understand that the occupant of new lands at that period obtained enormous wages for a laborer by means of the rich unexhausted lands he was thus permitted to occupy. No doubt he would have been in a better situation had he owned his farm in fee at the end of his lease; so would the merchant who builds a ship and clears her cost by her first freight, have been a richer man had he cleared the cost of two ships instead of one; but he has done well, notwithstanding; and it is not to be forgotten that the man who commences life with an axe and a little household furniture, is in the situation of a mere day-laborer. The addition to his means of the use of land is the very circumstance that enables him to rise above his humble position, and to profit
The fact here stated by Mr. Littlepage should never be forgotten; inasmuch as it colors the entire nature of the pretension now set up as to the exactions of leases. No man in New York need ever have