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 for a series of years, or a mail contractor's agreeing to carry the mail in a four-horse coach for a term of years, eh? No one objects to the rent in wheat, and why should they object to the rent in chickens? Is it because our republican farmers have got to be so aristocratic themselves, that they do not like to be thought poulterers? This is being aristocratic on the other side. These dignitaries should remember that if it be plebeian to furnish fowls, it is plebeian to receive them; and if the tenant has to find an individual who has to submit to the degradation of tendering a pair of fat fowls, the landlord has to find an individual who has to submit to the degradation of taking them, and of putting them away in the larder. It seems to me that one is an offset to the other."
"But, if I remember rightly, uncle Ro, these little matters were always commuted for in money."
"They always must lie at the option of the tenant, unless the covenants went to forfeiture, which I never heard that they did; for the failure to pay in kind at the time stipulated, would only involve a payment in money afterwards. The most surprising part of this whole transaction is, that men among us hold the doctrine that these leasehold estates are opposed to our institutions when, being guarantied by the institutions, they in truth form a part of them. Were it not for these very institutions, to which they are said to be opposed, and of which they virtually form a part, we should soon have a pretty kettle of fish between landlord and tenant."
"How do you make it out that they form a part of the institutions, sir?"
"Simply because the institutions have a solemn profession of protecting property. There is such a parade of this, that all our constitutions declare that property shall never be taken without due form of law; and to read one of them, you would think the property of the citizen is held quite as sacred as his person. Now, some of these very tenures existed when the State institutions were framed; and, not satisfied with this, we of New York, in common with our sister States, solemnly prohibited ourselves, in the constitution of the United States, from ever meddling with them! Nevertheless, men are found hardy enough to assert that a thing which in fact belongs to the institutions, is opposed to them."
"Perhaps they mean, sir, to their spirit, or to their tendency."
"Ah! there may be some sense in that, though much less than the declaimers fancy. The spirit of institutions is their legitimate object; and it would be hard to prove that a leasehold tenure, with any conditions of mere pecuniary indebtedness whatever, is opposed to any institutions that recognise the full rights of property. The obligation to pay rent no more creates political dependency, than to give credit from an ordinary shop; not so much, indeed, more especially under such leases as those of the Rensselaers; for the debtor on a book-debt can be sued at any moment, whereas the tenant knows precisely when he has to pay. There is the great absurdity of those who decry the system as feudal and aristocratic; for they do not see that those very leases are more favourable to the tenant than any other."
"I shall have to ask you to explain this to me, sir, being too ignorant to comprehend it."
"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 for ever: 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 for ever. 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, either 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 is 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
