The Redskins: or, Indian and Injin. Volume 1

"It did not prosper. Governor Jay met the pretension as we all know such a man would meet it; and the matter died away, and has been nearly forgotten. It is worthy of remark, that he put the evil down. But this is not the age of John Jays. To proceed to my narrative: When the late Patroon died, there 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 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 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, has occurred on the Livingston property, in Hardenberg – in short, in eight or ten counties of the State. Even among the bonâ 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 half a 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 recognise either. I have seen ministers of the gospel just as dogged, just as regardless of general morality, and just as indifferent 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 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 guarantied 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 in 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 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!"