"Why, these leases are perpetual, and the tenant cannot be dispossessed. The longer a lease is, other things being equal, the better it is for the tenant, all the world over. Let us suppose two farms, the one leased for five years, and the other forever. Which tenant is most independent of the political influence of his landlord, to say nothing of the impossibility of controlling votes in this way in America, from a variety of causes? Certainly he who has a lease forever. He is just as independent of his landlord as his landlord can be of him, with the exception that he has rent to pay. In the latter case, he is precisely like any other debtor – like the poor man who contracts debts with the same store-keeper for a series of years. As for the possession of the farm, which we are to suppose is a desirable thing for the tenant, he of the long lease is clearly most independent, since the other may be ejected at the end of each five years. Nor is there the least difference as to acquiring the property in fee, since the landlord may sell equally in either case, if so disposed; and if NOT DISPOSED, NO HONEST MAN, UNDER ANY SYSTEM, OUGHT TO DO ANYTHING TO COMPEL HIM SO TO DO, directly or indirectly; AND NO TRULY HONEST MAN WOULD."

I put some of the words of my uncle Ro in small capitals, as the spirit of the times, not of the institutions, renders such hints necessary. But, to continue our dialogue:

"I understand you now, sir, though the distinction you make between the spirit of the institutions and their tendencies is what I do not exactly comprehend."

"It is very easily explained. The spirit of the institutions is their intention; their tendencies are the natural direction they take under the impulses of human motives, which are always corrupt and corrupting. The 'spirit' refers to what things ought to be; the 'tendencies,' to what they are, or are becoming. The 'spirit' of all political institutions is to place a check on the natural propensities of men, to restrain them, and keep them within due bounds; while the tendencies follow those propensities, and are, quite often, in direct opposition to the spirit. That this outcry against leasehold tenures in America is following the tendencies of our institutions, I am afraid is only too true; but that it is in any manner in compliance with their spirit, I utterly deny."

"You will allow that institutions have their spirit, which ought always to be respected, in order to preserve harmony?"

"Out of all question. The first great requisite of a political system is the means of protecting itself; the second, to check its tendencies at the point required by justice, wisdom, and good faith. In a despotism, for instance, the spirit of the system is, to maintain that one man, who is elevated above the necessities and temptations of a nation – who is solemnly set apart for the sole purpose of government, fortified by dignity, and rendered impartial by position – will rule in the manner most conducive to the true interests of his subjects. It is just as much the theory of Russia and Prussia that their monarchs reign not for their own good, but for the good of those over whom they are placed, as it is the theory in regard to the President of the United States. We all know that the tendencies of a despotism are to abuses of a particular character; and it is just as certain that the tendencies of a republic, or rather of a democratic republic – for republic of itself means but little, many republics having had kings – but it is just as certain that the tendencies of a democracy are to abuses of another character. Whatever man touches, he infallibly abuses; and this more in connection with the exercise of political power, perhaps, than in the management of any one interest of life, though he abuses all, even to religion. Less depends on the nominal character of institutions, perhaps, than on their ability to arrest their own tendencies at the point required by everything that is just and right. Hitherto, surprisingly few grave abuses have followed from our institutions; but this matter looks frightfully serious; for I have not told you half, Hugh."

"Indeed, sir! I beg you will believe me quite equal to hearing the worst."

"It is true, anti-rentism did commence on the estate of the Rensselaers, and with complaints of feudal tenures, and of days' works, and fat fowls, backed by the extravagantly aristocratic pretension that a 'manor' tenant was so much a privileged being that it was beneath his dignity, as a free man, to do that which is daily done by mail-contractors, stage-coach owners, victuallers, and even by themselves, in their passing bargains to deliver potatoes, onions, turkeys, and pork, although they had solemnly covenanted with their landlords to pay the fat fowls, and to give the days' works. The feudal system has been found to extend much further, and 'troubles,' as they are called, have broken out in other parts of the State. Resistance to process, and a cessation of the payment of rents, have occurred on the Livingston property, in Hardenberg – in short, in eight or ten counties of the State. Even among the bona fide purchasers on the Holland Purchase, this resistance has been organized, and a species of troops raised, who appear disguised and armed wherever a levy is to be made. Several men have already been murdered, and there is the strong probability of a civil war."

"In the name of what is sacred and right, what has the government of the State been doing all this time?"

"In my poor judgment, a great deal that it ought not to have done, and very little that it ought. You know the state of politics at home, Hugh; how important New York is in all national questions, and how nearly tied is her vote – less than ten thousand majority in a canvass of near a half million of votes. When this is the case, the least-principled part of the voters attain an undue importance – a truth that has been abundantly illustrated in this question. The natural course would have been to raise an armed constabulary force, and to have kept it in motion, as the anti-renters have kept their 'Injins' in motion, which would have soon tired out the rebels, for rebels they are, who would thus have had to support one army in part, and the other altogether. Such a movement on the part of the State, well and energetically managed, would have drawn half the 'Injins' at once from the ranks of disaffection to those of authority; for all that most of these men want is to live easy, and to have a parade of military movements. Instead of that, the legislature substantially did nothing, until blood was spilt, and the grievance had got to be not only profoundly disgraceful for such a State and such a country, but utterly intolerable to the well-affected of the revolted counties, as well as to those who were kept out of the enjoyment of their property. Then, indeed, it passed the law which ought to have been passed the first year of the 'Injin' system – a law which renders it felony to appear armed and disguised; but Dunning writes me this law is openly disregarded in Delaware and Schoharie, in particular, and that bodies of 'Injins,' in full costume and armed, of a thousand men, have appeared to prevent levies or sales. Where it will end Heaven knows!"

"Do you apprehend any serious civil war?"

"It is impossible to say where false principles may lead, when they are permitted to make head and to become widely disseminated, in a country like ours. Still, the disturbances, as such, are utterly contemptible, and could and would be put down by an energetic executive in ten days after he had time to collect a force to do it with. In some particulars, the present incumbent has behaved perfectly well; while in others, in my judgment, he has inflicted injuries on the right that it will require years to repair, if, indeed, they are ever repaired."

"You surprise me, sir; and this the more especially, as I know you are generally of the same way of thinking, on political subjects, with the party that is now in power."

"Did you ever know me to support what I conceived to be wrong, Hugh, on account of my political affinities?" asked my uncle, a little reproachfully as to manner. "But let me tell you the harm that I conceive has been done by all the governors who have had anything to do with the subject; and that includes one of a party to which I am opposed, and two that are not. In the first place, they have all treated the matter as if the tenants had really some cause of complaint; when in truth all their griefs arise from the fact that other men will not let them have their property just as they may want it, and in some respects on their own terms."

"That is certainly a grief not to be maintained by reason in a civilized country, and in a Christian community."

"Umph! Christianity, like liberty, suffers fearfully in human hands; one is sometimes at a loss to recognize either. I have seen ministers of the gospel just as dogged, just as regardless of general morality, and just as indiffer-to the right, in upholding their parties, as I ever saw laymen; and I have seen laymen manifesting tempers, in this respect, that properly belong to devils. But our governors have certainly treated this matter as if the tenants actually had griefs; when in truth their sole oppression is in being obliged to to pay rents that are merely nominal, and in not being able to buy other men's property contrary to their wishes, and very much at their own prices. One governor has even been so generous as to volunteer a mode of settling disputes with which, by the way, he has no concern, there being courts to discharge that office, that is singularly presuming on his part, to say the least, and which looks a confounded sight more like aristocracy, or monarchy, than anything connected with leasehold tenure."

"Why, what can the man have done?"

"He has kindly taken on himself the office of doing that for which I fancy he can find no authority in the institutions, or in their spirit – no less than advising citizens how they may conveniently manage their own affairs so as to get over difficulties that he himself substantially admits, while giving this very advice, are difficulties that the law sanctions."

"This is a very extraordinary interference in a public functionary; because one of the parties to a contract that is solemnly guaranteed by the law, chooses to complain of its nature, rather than of its conditions, to pretend to throw the weight of his even assumed authority into the scales on either side of the question!"

"And that is a popular government, Hugh, in which it tells so strongly against a man to render him unpopular, that not one man in a million has the moral courage to resist public opinion, even when he is right. You have hit the nail on the head, boy; it is in the last degree presuming, and what would be denounced as tyrannical in any monarch in Europe. But he has lived in vain who has not learned that they who make the the loudest professions of a love of liberty, have little knowledge of the quality, beyond submission to the demands of numbers. Our executive has carried his fatherly care even beyond this; he has actually suggested the terms of a bargain by which he thinks the difficulty can be settled, which, in addition to the gross assumption of having a voice in a matter that in no manner belongs to him, has the palpable demerit of recommending a pecuniary compromise that is flagrantly wrong as a mere pecuniary compromise."

"You astonish me, sir! What is the precise nature of his recommendation?"

"That the Rensselaers should receive such a sum from each tenant as would produce an interest equal to the value of the present rent. Now, in the first place, here is a citizen who has got as much property as he wants, and who wishes to live for other purposes than to accumulate. This property is not only invested to his entire satisfaction, as regards convenience, security, and returns, but also in a way that is connected with some of the best sentiments of his nature. It is property that has descended to him through ancestors for two centuries; property that is historically connected with his name – on which he was born, on which he has lived, and on which he has hoped to die; property, in a word, that is associated with all the higher feelings of humanity. Because some interloper, perhaps, who has purchased an interest in one of his farms six months before, feels an aristocratic desire not to have a landlord, and wishes to own a farm in fee, that in fact he has no other right to than he gets through his lease, the Governor of the great State of New York throws the weight of his official position against the old hereditary owner of the soil, by solemnly suggesting, in an official document that is intended to produce an effect on public opinion, that he should sell that which he does not wish to sell, but wishes to keep, and that at a price which I conceive is much below its true pecuniary value. We have liberty with a vengeance, if these are some of its antics!"

"What makes the matter worse, is the fact that each of the Rensselaers has a house on his estate, so placed as to be convenient to look after his interest; which interests he is to be at the trouble of changing, leaving him his house on his hands, because, forsooth, one of the parties to a plain and equitable bargain wishes to make better conditions than he covenanted for. I wonder what his excellency proposes that the landlords shall do with their money when they get it? Buy new estates, and build new houses, of which to be dispossessed when a new set of tenants may choose to cry out against aristocracy, and demonstrate their own love for democracy by wishing to pull others down in order to shove themselves into their places?"

"You are right again, Hugh; but it is a besetting vice of America to regard life as all means, and as having no end, in a worldly point of view. I dare say men may be found among us who regard it as highly presuming in any man to build himself an ample residence, and to announce by his mode of living that he is content with his present means, and does not wish to increase them, at the very moment they view the suggestions of the governor as the pink of modesty, and excessively favorable to equal rights! I like that thought of yours about the house, too; in order to suit the 'spirit' of the New York institutions, it would seem that a New York landlord should build on wheels, that he may move his abode to a new State, when it suits the pleasure of his tenants to buy him out."

"Do you suppose the Rensselaers would take their money, the principal of the rent at seven per cent., and buy land with it, after their experience of the uncertainty of such possessions among us?"

"Not they," said my uncle Ro, laughing. "No, no! they would sell the Manor-House, and the Beverwyck, for taverns; and then any one might live in them who would pay the principal sum of the cost of a dinner; bag their dollars, and proceed forthwith to Wall Street, and commence the shaving of notes – that occupation having been decided, as I see by the late arrivals, to be highly honorable and praiseworthy. Hitherto they have been nothing but drones; but, by the time they can go to the quick with their dollars, they will become useful members of society, and be honored and esteemed accordingly."

What next might have been said I do not know, for just then we were interrupted by a visit from our common banker, and the discourse was necessarily changed.

CHAPTER III

"Oh, when shall I visit the land of my birth,
The loveliest land on the face of the earth?
When shall I those scenes of affection explore,
Our forests, our fountains,
Our hamlets, our mountains,
With the pride of our mountains, the maid I adore?"

– Montgomery.

It was truly news for an American, who had been so long cut off from intelligence from home, thus suddenly to be told that some of the scenes of the middle ages – scenes connected with real wrongs and gross abuses of human rights – were about to be enacted in his own land; that country which boasted itself, not only to be the asylum of the oppressed, but the conservator of the right. I was grieved at what I had heard, for, during my travels, I had cherished a much-loved image of justice and political excellence, that I now began to fear must be abandoned. My uncle and myself decided at once to return home, a step that indeed was required by prudence. I was now of an age to enter into the full possession of my own property (so far as "new laws and new lords" would permit); and the letters received by my late guardian, as well as certain newspapers, communicated the unpleasant fact that a great many of the tenants of Ravensnest had joined the association, paid tribute for the support of "Injins," and were getting to be as bad as any of the rest of them, so far as designs and schemes to plunder were concerned, though they still paid their rents. The latter circumstance was ascribed by our agent to the fact that many leases were about to fall in, and it would be in my power to substitute more honest and better-disposed successors for the present occupants of the several farms. Measures were taken accordingly for quitting Paris as soon as possible, so that we might reach home late in the month of May.

"If we had time, I would certainly throw in a memorial or two to the legislature," observed my uncle, a day or two before we proceeded to Havre to join the packet. "I have a strong desire to protest against the invasion of my rights as a freeman that is connected with some of their contemplated laws. I do not at all like the idea of being abridged of the power of hiring a farm for the longest time I can obtain it, which is one of the projects of some of the ultra reformers of free and equal New York. It is wonderful, Hugh, into what follies men precipitate themselves as soon as they begin to run into exaggerations, whether of politics, religion, or tastes. Here are half of the exquisite philanthropists who see a great evil affecting the rights of human nature in one man's hiring a farm from another for as long a term as he can obtain it, who are at the very extreme in their opinion on free trade! So free-trade are some of the journals which think it a capital thing to prevent landlords and tenants from making their own bargains, that they have actually derided the idea of having established fares for hackney-coaches, but that it would be better to let the parties stand in the rain and higgle about the price, on the free-trade principle. Some of these men are either active agents in stimulating the legislature to rob the citizen of this very simple control of his property, or passive lookers-on while others do it."

"Votes, sir, votes."

"It is indeed votes, sir, votes; nothing short of votes could reconcile these men to their own inconsistencies. As for yourself, Hugh, it might be well to get rid of that canopied pew – "

"Of what canopied pew? I am sure I do not understand you."

"Do you forget that the family-pew in St. Andrew's Church, at Ravensnest, has a wooden canopy over it – a relic of our colonial opinions and usages?"

"Now you mention it, I do remember a very clumsy, and, to own the truth, a very ugly thing, that I have always supposed was placed there, by those who built the church, by way of ornament."

"That ugly thing, by way of ornament, was intended for a sort of canopy, and was by no means an uncommon distinction in the State and colony, as recently as the close of the last century. The church was built at the expense of my grandfather, General Littlepage, and his bosom friend and kinsman, Colonel Dirck Follock, both good Whigs and gallant defenders of the liberty of their country. They thought it proper that the Littlepages should have a canopied pew, and that is the state in which they caused the building to be presented to my father. The old work still stands; and Dunning writes me that, among the other arguments used against your interests, is the fact that your pew is thus distinguished from those of the rest of the congregation."

"It is a distinction no man would envy me, could it be known that I have ever thought the clumsy, ill-shaped thing a nuisance, and detestable as an ornament. I have never even associated it in my mind with personal distinction, but have always supposed it was erected with a view to embellish the building, and placed over our pew as the spot where such an excrescence would excite the least envy."

"In all that, with one exception, you have judged quite naturally. Forty years ago such a thing might have been done, and the majority of the parishioners would have seen in it nothing out of place. But that day has gone by; and you will discover that, on your own estate, and in the very things created by your family and yourself, you will actually have fewer rights of any sort, beyond those your money will purchase, than any man around you. The simple fact that St. Andrew's Church was built by your great-grandfather, and by him presented to the congregation, will diminish your claim to have a voice in its affairs, with many of the congregation."

"This is so extraordinary, that I must ask the reason."

"The reason is connected with a principle so obviously belonging to human nature generally, and to American nature in particular, that I wonder you ask it. It is envy. Did that pew belong to the Newcomes, for instance, no one would think anything of it."

"Nevertheless, the Newcomes would make themselves ridiculous by sitting in a pew that was distinguished from those of their neighbors. The absurdity of the contrast would strike every one."

"And it is precisely because the absurdity does not exist in your case, that your seat is envied. No one envies absurdity. However, you will readily admit, Hugh, that a church and a church-yard are the two last places in which human distinction ought to be exhibited. All are equal in the eyes of Him we go to the one to worship, and all are equal in the grave. I have ever been averse to everything like worldly distinction in a congregation, and admire the usage of the Romish Church in even dispensing with pews altogether. Monuments speak to the world, and have a general connection with history, so that they be tolerated to a certain point, though notorious liars."

"I agree with you, sir, as to the unfitness of a church for all distinction, and shall be happy on every account to get rid of my canopy, though that has an historical connection, also. I am quite innocent of any feeling of pride while sitting under it, though I will confess to some of shame at its quizzical shape, when I see it has attracted the eyes of intelligent strangers."

"It is but natural that you should feel thus; for, while we may miss distinctions and luxuries to which we have ever been accustomed, they rarely excite pride in the possessor, even while they awaken envy in the looker-on."

"Nevertheless, I cannot see what the old pew has to do with the rents or my legal rights."

"When a cause is bad, everything is pressed into it that it is believed may serve a turn. No man who had a good legal claim for property, would ever think of urging any other; nor would any legislator who had sound and sufficient reasons for his measures – reasons that could properly justify him before God and man, for his laws – have recourse to slang to sustain him. If these anti-renters were right, they would have no need of secret combinations or disguises, blood-and-thunder names, and special agents in the legislature of the land. The right requires no false aid to make it appear the right; but the wrong must get such support as it can press into its service. Your pew is called aristocratic, though it confers no political power; it is called a patent of nobility, though it neither gives nor takes away, and it is hated, and you with it, for the very reason that you can sit in it and not make yourself ridiculous. I suppose you have not examined very closely the papers I gave you to read?"

"Enough so to ascertain that they are filled with trash."

"Worse than trash, Hugh; with some of the loosest principles, and most atrocious feelings, that degrade poor human nature. Some of the reformers propose that no man shall hold more than a thousand acres of land, while others lay down the very intelligible and distinct principle that no man ought to hold more than he can use. Even petitions to that effect, I have been told, have been sent to the legislature."

"Which has taken care not to allude to their purport, either in debate or otherwise, as I see nothing to that effect in the reports."

"Ay, I dare say the slang-whangers of those honorable bodies will studiously keep all such enormities out of sight, as some of them doubtless hope to step into the shoes of the present landlords, as soon as they can get the feet out of them which are now in. But these are the projects and the petitions in the columns of the journals, and they speak for themselves. Among other things, they say it is nobility to be a landlord."

"I see by the letter of Mr. Dunning, that they have petitioned the legislature to order an inquiry into my title. Now, we hold from the crown – "

"So much the worse, Hugh. Faugh! hold from a crown in a republican country! I am amazed you are not ashamed to own it. Do you not know, boy, that it has been gravely contended in a court of justice that, in obtaining our national independence from the King of Great Britain, the people conquered all his previous grants, which ought to be declared void and of none effect?"

"That is an absurdity of which I had not heard," I answered, laughing; "why, the people of New York, who held all their lands under the crown, would in that case have been conquering them for other persons! My good grandfather and great-grandfather, both of whom actually fought and bled in the revolution, must have been very silly thus to expose themselves to take away their own estates, in order to give them to a set of immigrants from New England and other parts of the world."

"Quite justly said, Hugh," added my uncle, joining in the laugh. "Nor is this half of the argument. The State, too, in its corporate character, has been playing the swindler all this time. You may not know the fact, but I as your guardian do know, that the quit-rents reserved by the crown when it granted the lands of Mooseridge and Ravensnest, were claimed by the State; and that, wanting money to save the people from taxes, it commuted with us, receiving a certain gross sum in satisfaction of all future claims."

"Ay, that I did not know. Can the fact be shown?"

"Certainly – it is well known to all old fellows like myself, for it was a very general measure, and very generally entered into by all the landholders. In our case, the receipts are still to be found among the family papers. In the cases of the older estates, such as those of the Van Rensselaers, the equity is still stronger in their favor, since the conditions to hold the land included an obligation to bring so many settlers from Europe within a given time; conditions that were fulfilled at great cost, as you may suppose, and on which, in truth, the colony had its foundation."

"How much it tells against a people's honesty to wish to forget such facts, in a case like this!"

"There is nothing forgotten, for the facts were probably never known to those who prate about the conquered rights from the crown. As you say, however, the civilization of a community is to be measured by its consciousness of the existence of all principles of justice, and a familiarity with its own history. The great bulk of the population of New York have no active desire to invade what is right in this anti-rent struggle, having no direct interests at stake; their crime is a passive inactivity, which allows those who are either working for political advancement, or those who are working to obtain other men's property, to make use of them, through their own laws."

"But is it not an embarrassment to such a region as that directly around Albany, to have such tenures to the land, and for so large a body of people to be compelled to pay rent, in the very heart of the State, as it might be, and in situations that render it desirable to leave enterprise as unshackled as possible?"

"I am not prepared to admit this much, even, as a general principle. One argument used by these anti-renters is, for instance, that the patroons, in their leases, reserved the mill-seats. Now, what if they did? Some one must own the mill-seats; and why not the patroon as well as another? To give the argument any weight, not as law, not as morals, but as mere expediency, it must be shown that the patroons would not let these mill-seats at as low rents as any one else; and my opinion is, that they would let them at rents of not half the amount that would be asked, were they the property of so many individuals scattered up and down the country. But, admitting that so large an estate of this particular sort has some inconveniences in that particular spot, can there be two opinions among men of integrity about the mode of getting rid of it? Every thing has its price, and, in a business sense, everything is entitled to its price. No people acknowledge this more than the Americans, or practise on it so extensively. Let the Rensselaers be tempted by such offers as will induce them to sell, but do not let them be invaded by that most infernal of all acts of oppression, special legislation, in order to bully or frighten them from the enjoyment of what is rightfully their own. If the State think such a description of property injurious in its heart, let the State imitate England in her conduct toward the slaveholders —buy them out; not tax them out, and wrong them out, and annoy them out. But, Hugh, enough of this at present; we shall have much more than we want of it when we get home. Among my letters, I have one from each of my other wards."