A spacious and ample board had been spread for the accommodation of our large party. Anneke, Priscilla, Frank Malbone, aunt Mary, and Ursula, were already seated when we entered, Dus occupying the head of the table. No one had commenced the meal, nor had the young mistress of the board even begun to pour out the tea and coffee (for my presence had brought abundance into the house), but there she sat, respectfully waiting for those to approach who might be properly considered the principal guests. I thought Dus had never appeared more lovely. Her dress was a neatly-arranged and tasteful half-mourning; with which her golden hair, rosy cheeks, and bright eyes contrasted admirably. The cheeks of Dus, too, had recovered their color, and her eyes their brightness. The fact was, that the news of her brother's improved fortunes had even been better than we were just told. Frank found letters for him at the 'Nest, announcing the death of his kinsman, with a pressing invitation to join the bereaved parent, then an aged and bed-ridden invalid, as his adopted son. He was urged to bring Dus with him; and he received a handsome remittance to enable him so to do without inconvenience to himself. This alone would have brought happiness back to the countenance of the poor and dependent. Dus mourned her uncle in sincerity, and she long continued to mourn for him; but her mourning was that of the Christian who hoped. Chainbearer's hurt had occurred several days before; and the first feeling of sorrow had become lessened by time and reflection. His end had been happy; and he was now believed to be enjoying the fruition of his penitence through the sacrifice of the Son of God.

It was easy to detect the surprise that appeared in the countenances of all my parents, as Miss Malbone rose, like one who was now confident of her position and claims to give and to receive the salutations that were proper for the occasion. Never did any young woman acquit herself better than Dus, who courtesied gracefully as a queen; while she returned the compliments she received with the self-possession of one bred in courts. To this she was largely indebted to nature, though her schooling had been good. Many of the first young women of the colony had been her companions for years; and in that day, manner was far more attended to than it is getting to be among us now. My mother was delighted; for, as she afterward assured me, her mind was already made up to receive Ursula as a daughter; since she thought it due to honor to redeem my plighted faith. General Littlepage might not have been so very scrupulous; though even he admitted the right of the obligations I had incurred; but Dus fairly carried him by storm. The tempered sadness of her mien gave an exquisite finish to her beauty, rendering all she said, did, and looked, that morning, perfect. In a word, everybody was wondering; but everybody was pleased. An hour or two later, and after the ladies had been alone together, my excellent grandmother came to me and desired to have a little conversation with me apart. We found a seat in the arbor of the court; and my venerable parent commenced as follows: —

"Well, Mordaunt, my dear, it is time that you should think of marrying and of settling in life. As Miss Bayard is happily engaged, I do not see that you can do better than to offer to Miss Malbone. Never have I seen so beautiful a creature; and the generous-minded Pris tells me she is as good, and virtuous, and wise as she is lovely. She is well born and well educated; and may have a good fortune in the bargain, if that old Mr. Malbone is as rich as they tell me he is, and has conscience enough to make a just will. Take my advice, my dear son, and marry Ursula Malbone."

Dear grandmother! I did take her advice; and I am persuaded that, to her dying day, she was all the more happy under the impression that she had materially aided in bringing about the connection.

As General Littlepage and Colonel Follock had come so far, they chose to remain a month or two, in order to look after their lands, and to revisit some scenes in that part of the world in which both felt a deep interest. My mother, and aunt Mary, too, seemed content to remain, for they remembered events which the adjacent country recalled to their minds with a melancholy pleasure. In the meanwhile Frank went to meet his cousin, and had time to return, ere our party was disposed to break up. During his absence everything was arranged for my marriage with his sister. This event took place just two months, to a day, from that of the funeral of Chainbearer. A clergyman was obtained from Albany to perform the ceremony, as neither party belonged to the Congregational order; and an hour after we were united, everybody left us alone at the 'Nest, on their return south. I say everybody, though Jaap and Susquesus were exceptions. These two remained and remain to this hour; though the negro did return to Lilacsbush and Satanstoe to assemble his family, and to pay occasional visits.

There was much profound feeling, but little parade, at the wedding. My mother had got to love Ursula as if she were her own child: and I had not only the pleasure, but the triumph of seeing the manner in which my betrothed rendered herself from day to day, and this without any other means than the most artless and natural, more and more acceptable to my friends.

"This is perfect happiness," said Dus to me, one lovely afternoon that we were strolling in company along the cliff, near the Nest – and a few minutes after she had left my mother's arms, who had embraced and blessed her, as a pious parent does both to a well-beloved child – "This is perfect happiness, Mordaunt, to be the chosen of you, and the accepted of your parents! I never knew, until now, what it is to have a parent. Uncle Chainbearer did all he could for me, and I shall cherish his memory to my latest breath – but uncle Chainbearer could never supply the place of a mother. How blessed, how undeservedly blessed does my lot promise to become! You will give me not only parents, and parents I can love as well as if they were those granted by nature, but you will give me also two such sisters as few others possess!"

"And I give you all, dearest Dus, encumbered with such a husband that I am almost afraid you will fancy the other gifts too dearly purchased, when you come to know him better."

The ingenuous, grateful look, the conscious blush, and the thoughtful, pensive smile, each and all said that my pleased and partial listener had no concern on that score. Had I then understood the sex as well as I now do, I might have foreseen that a wife's affection augments, instead of diminishing; that the love the pure and devoted matron bears her husband increases with time, and gets to be a part and parcel of her moral existence. I am no advocate of what are called, strictly, "marriages of reason" – I think the solemn and enduring knot should be tied by the hands of warm-hearted, impulsive affection, increased and strengthened by knowledge and confidential minglings of thought and feeling; but I have lived long enough to understand that, lively as are the passions of youth, they produce no delights like those which spring from the tried and deep affections of a happy married life.

And we were married! The ceremony took place before breakfast, in order to enable our friends to reach the great highway ere night should overtake them. The meal that succeeded was silent and thoughtful. Then my dear, dear mother took Dus in her arms, and kissed and blessed her again and again. My honored father did the same, bidding my weeping but happy bride remember that she was now his daughter. "Mordaunt is a good fellow, at the bottom, dear, and will love and cherish you as he has promised," added the general, blowing his nose to conceal his emotion; "but should he ever forget any part of his vows, come to me, and I will visit him with a father's displeasure."

"No fear of Mordaunt – no fear of Mordaunt," put in my worthy grandmother, who succeeded in the temporary leave-taking – "he is a Littlepage, and all the Littlepages make excellent husbands. The boy is as like what his grandfather was, at his time of life, as one pea is like another. God bless you, daughter – you will visit me at Satanstoe this fall, when I shall have great pleasure in showing you my general's picture."

Anneke and Kate, and Pris Bayard hugged Dus in such a way that I was afraid they would eat her up, while Frank took his leave of his sister with the manly tenderness he always showed her. The fellow was too happy himself, however, to be shedding many tears, though Dus actually sobbed on his bosom. The dear creature was doubtless running over the past, in her mind, and putting it in contrast with the blessed present.

At the end of the honey-moon, I loved Dus twice as much as I had loved her the hour we were married. Had any one told me this was possible, I should have derided the thought; but thus it was, and I may truly add, thus has it ever continued to be. At the end of that month, we left Ravensnest for Lilacsbush, when I had the pleasure of seeing my bride duly introduced to that portion of what is called the world, to which she properly belonged. Previously to quitting the Patent, however, all my plans were made, and contracts were signed, preparatory to the construction of the house that my father had mentioned. The foundation was laid that same season, and we did keep our Christmas holidays in it, the following year, by which time Dus had made me the father of a noble boy.

It is scarcely necessary to say that Frank and Pris were married, as were Tom and Kate, at no great distance of time after ourselves. Both of those matches have turned out to be perfectly happy. Old Mr. Malbone did not survive the winter, and he left the whole of a very sufficient estate to his kinsman. Frank was desirous of making his sister a sharer in his good fortune, but I would not hear of it. Dus was treasure enough of herself, and wanted not money to enhance her value in my eyes. I thought so in 1785, and I think so to-day. We got some plate and presents, that were well enough, but never would accept any portion of the property. The rapid growth of New York brought our vacant lots in that thriving town into the market, and we soon became richer than was necessary to happiness. I hope the gifts of Providence have never been abused. Of one thing I am certain; Dus has ever been far more prized by me than any other of my possessions.

I ought to say a word of Jaap and the Indian. Both are still living, and both dwell at the Nest. For the Indian I caused a habitation to be erected in a certain ravine, at no great distance from the house, and which had been the scene of one of his early exploits in that part of the country. Here he lives, and has lived, for the last twenty years, and here he hopes to die. He gets his food, blankets, and whatever else is necessary to supply his few wants, at the Nest, coming and going at will. He is now drawing fast on old age, but retains his elastic step, upright movement, and vigor. I do not see but he may live to be a hundred. The same is true of Jaap. The old fellow holds on, and enjoys life like a true descendant of the Africans. He and Sus are inseparable, and often stray off into the forest on long hunts, even in the winter, returning with loads of venison, wild turkeys, and other game. The negro dwells at the Nest, but half his time he sleeps in the wigwam, as we call the dwelling of Sus. The two old fellows dispute frequently, and occasionally they quarrel; but, as neither drinks, the quarrels are never very long or very serious. They generally grow out of differences of opinion on moral philosophy, as connected with their respective views of the past and the future.

Lowiny remained with us as a maid until she made a very suitable marriage with one of my own tenants. For a little while after my marriage I thought she was melancholy, probably through regret for her absent and dispersed family; but this feeling soon disappeared, and she became contented and happy. Her good looks improved under the influence of civilization, and I have the satisfaction of adding that she never has had any reason to regret having attached herself to us. To this moment she is an out-door dependent and humble friend of my wife, and we find her particularly useful in cases of illness among our children.

What shall I say of 'Squire Newcome? He lived to a good old age, dying quite recently; and with many who knew, or, rather, who did not know him, he passed for a portion of the salt of the earth. I never proceeded against him on account of his connection with the squatters, and he lived his time in a sort of lingering uncertainty as to my knowledge of his tricks. That man became a sort of a deacon in his church, was more than once a member of the Assembly, and continued to be a favorite recipient of public favors down to his last moment; and this simply because his habits brought him near to the mass, and because he took the most elaborate care never to tell them a truth that was unpleasant. He once had the temerity to run against me for Congress, but that experiment proved to be a failure. Had it been attempted forty years later, it might have succeeded better. Jason died poor and in debt, after all his knavery and schemes. Avidity for gold had overreached itself in his case, as it does in those of so many others. His descendants, notwithstanding, remain with us; and while they have succeeded to very little in the way of property, they are the legitimate heritors of their ancestor's vulgarity of mind and manners – of his tricks, his dissimulations, and his frauds. This is the way in which Providence "visits the sins of the fathers upon the children, unto the third and fourth generations."

Little more remains to be said. The owners of Mooseridge have succeeded in selling all the lots they wished to put into the market, and large sums stand secured on them, in the way of bonds and mortgages. Anneke and Kate have received fair portions of this property, including much that belonged to Colonel Follock, who now lives altogether with my parents. Aunt Mary, I regret to say, died a few years since, a victim to small-pox. She never married, of course, and left her handsome property between my sisters and a certain lady of the name of Ten Eyck, who needed it, and whose principal claim consisted in her being a third cousin of her former lover, I believe. My mother mourned the death of her friend sincerely, as did we all; but we had the consolation of believing her happy with the angels.

I caused to be erected, in the extensive grounds that were laid out around the new dwelling at the Nest, a suitable monument over the grave of Chainbearer. It bore a simple inscription, and one that my children now often read and comment on with pleasure. We all speak of him as "Uncle Chainbearer" to this hour, and his grave is never mentioned on other terms than those of "Uncle Chainbearer's grave." Excellent old man! That he was not superior to the failings of human nature, need not be said; but so long as he lived, he lived a proof of how much more respectable and estimable is the man who takes simplicity, and honesty, and principle, and truth for his guide, than he who endeavors to struggle through the world by the aid of falsehood, chicanery, and trick.

THE END

THE REDSKINS
OR
INDIAN AND INJIN

BEING THE CONCLUSION OF

THE LITTLEPAGE MANUSCRIPTS

"In every work regard the writer's end
None e'er can compass more than they intend"

– Pope

PREFACE

This book closes the series of the Littlepage Manuscripts, which have been given to the world, as containing a fair account of the comparative sacrifices of time, money, and labor, made respectively by the landlord and the tenants, on a New York estate; together with the manner in which usages and opinions are changing among us; as well as certain of the reasons of these changes. The discriminating reader will probably be able to trace in these narratives the progress of those innovations on the great laws of morals which are becoming so very manifest in connection with this interest, setting at naught the plainest principles that God has transmitted to man for the government of his conduct, and all under the extraordinary pretence of favoring liberty! In this downward course, our picture embraces some of the proofs of that looseness of views on the subject of certain species of property which is, in a degree perhaps, inseparable from the semi-barbarous condition of a new settlement; the gradation of the squatter, from him who merely makes his pitch to crop a few fields in passing, to him who carries on the business by wholesale; and last, though not least in this catalogue of marauders, the anti-renter.

It would be idle to deny that the great principle which lies at the bottom of anti-rentism, if principle it can be called, is the assumption of a claim that the interests and wishes of numbers are to be respected, though done at a sacrifice of the clearest rights of the few. That this is not liberty, but tyranny in its worst form, every right-thinking and right-feeling man must be fully aware. Every one who knows much of the history of the past, and of the influence of classes, must understand, that whenever the educated, the affluent, and the practised choose to unite their means of combination and money to control the political destiny of a country, they become irresistible; making the most subservient tools of those very masses who vainly imagine they are the true guardians of their own liberties. The well-known election of 1840 is a memorable instance of the power of such a combination; though that was a combination formed mostly for the mere purposes of faction, sustained perhaps by the desperate designs of the insolvents of the country. Such a combination was necessarily wanting in union among the affluent; it had not the high support of principles to give it sanctity, and it affords little more than the proof of the power of money and leisure, when applied in a very doubtful cause, in wielding the masses of a great nation, to be the instruments of their own subjection. No well-intentioned American legislator, consequently, ought ever to lose sight of the fact, that each invasion of the right which he sanctions is a blow struck against liberty itself, which, in a country like this, has no auxiliary so certain or so powerful as justice.

The State of New York contains about 43,000 square miles of land; or something like 27,000,000 of acres. In 1783, its population must have been about 200,000 souls. With such a proportion between people and surface it is unnecessary to prove that the husbandman was not quite as dependent on the landholder, as the landholder was dependent on the husbandman. This would have been true, had the State been an island; but we all know it was surrounded by many other communities similarly situated, and that nothing else was 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 endeavored 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 forever, 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 States, as to say the same of these leases. It would be just as rational to maintain, because A does not choose to make an associate of B, that he is acting in opposition to the "spirit of the institutions," inasmuch as the Declaration of Independence advances the dogma that men are born equal, as it is to say it is opposed to the same spirit, for B to pay rent to A according to his covenant.

It is pretended that the durable leases are feudal in their nature. We do not conceive this to be true; but, admitting it to be so, it would only prove that feudality, to this extent, is a part of the institutions of the State. What is more, it would become a part over which the State itself has conceded all power of control, beyond that which it may remotely possess as one, out of twenty-eight communities. As respects this feudal feature, it is not easy to say where it must be looked for. It is not to be found in the simple fact of paying rent, for that is so general as to render the whole country feudal, could it be true; it cannot be in the circumstance that the rent is to be paid "in kind," as it is called, and in labor, for that is an advantage to the tenant, by affording him the option, since the penalty of a failure leaves the alternative of paying in money. It must be, therefore, that these leases are feudal because they run forever! Now the length of the lease is clearly a concession to the tenant, and was so regarded when received; and there is not probably a single tenant, under lives, who would not gladly exchange his term of possession for that of one of these detestable durable leases!

Among the absurdities that have been circulated on this subject of feudality, it has been pretended that the well-known English statute of quia emptores has prohibited fines for alienation; or that the quarter-sales, fifth-sales, sixth-sales, etc., of our own leases were contrary to the law of the realm, when made. Under the common law, in certain cases of feudal tenures, the fines for alienation were an incident of the tenure. The statute of quia emptores abolished that general principle, but it in no manner forbade parties to enter into covenants of the nature of quarter-sales, did they see fit. The common law gives all the real estate to the eldest son. Our statute divides the real estate among the nearest of kin, without regard even to sex. It might just as well be pretended that the father cannot devise all his lands to 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 villain. 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 favorable 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 "villain soccage," is that of the "days' 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 "days' 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 concessions become, the greater will be the exactions of a cormorant cupidity. As soon as quiet is obtained by these means, in reference to the leasehold tenures, it will be demanded by some fresh combination to attain some other end.

When Lee told Washington, at Monmouth, "Sir, your troops will not stand against British grenadiers," Washington is said to have answered, "Sir, you have never tried them." The same reply might be given to those miserable traducers of this republic, who, in order to obtain votes, affect to think there is not sufficient energy in its government to put down so barefaced an attempt as this of the anti-renters to alter the conditions of their own leases to suit their own convenience. The county of Delaware has, of itself, nobly given the lie to the assertion, the honest portion of its inhabitants scattering the knaves to the four winds, the moment there was a fair occasion made for them to act. A single, energetic proclamation from Albany, calling a "spade a spade," and not affecting to gloss over the disguised robbery of these anti-renters, and laying just principles fairly before the public mind, would of itself have crushed the evil in its germ. The people of New York, in their general capacity, are not the knaves their servants evidently suppose.

The Assembly of New York, in its memorable session of 1846, has taxed the rents on long leases; thus, not only taxing the same property twice, but imposing the worst sort of income-tax, or one aimed at a few individuals. It has "thimble-rigged" in its legislation, as Mr. Hugh Littlepage not unaptly terms it; endeavoring to do that indirectly, which the Constitution will not permit it to do directly. In other words, as it can pass no direct law "impairing the obligation of contracts," while it can regulate descents, it has enacted, so far as one body of the legislature has power to enact anything, that on the death of a landlord the tenant may convert his lease into a mortgage, on discharging which he shall hold his land in fee!

We deem the first of these measures far more tyrannical than the attempt of Great Britain to tax her colonies, which brought about the Revolution. It is of the same general character, that of unjust taxation: while it is attended by circumstances of aggravation that were altogether wanting in the policy of the mother country. This is not a tax for revenue, which is not needed; but a tax to "choke off" landlords, to use a common American phrase. It is clearly taxing nothing, or it is taxing the same property twice. It is done to conciliate three or four thousand voters, who are now in the market, at the expense of three or four hundred who, it is known, are not to be bought. It is unjust in its motives, its means and its end. The measure is discreditable to civilization, and an outrage on liberty.

But, the other law mentioned is an atrocity so grave as to alarm every man of common principle in the State, were it not so feeble in its devices to cheat the Constitution as to excite contempt. This extraordinary power is exercised because the legislature can control the law of descents, though it cannot "impair the obligation of contracts!" Had the law said at once that on the death of a landlord each of his tenants should own his farm in fee, the ensemble of the fraud would have been preserved, since the "law of descents" would have been so far regulated as to substitute one heir for another; but changing the nature of a contract, with a party who has nothing to do with the succession at all, is not so very clearly altering, or amending, the law of descents! It is scarcely necessary to say that every reputable court in the country, whether state or federal, would brand such a law with the disgrace it merits.