Note 28 — Chapter XXIII

In order that the reader who is not familiar with what is passing in New York may not suppose that exaggerated terms are here used, the writer will state a single expedient of the anti-renters in the Legislature to obtain their ends. It is generally known that the Constitution of the United States prevents the separate States from passing laws impairing the obligations of contracts. But for this provision of the Federal Constitution, it is probable, numbers would have succeeded, long ago, in obtaining the property of the few on their own terms, amid shouts in honor of liberty! This provision, however, has proved a stubborn obstacle, until the world, near the middle of the nineteenth century, has been favored with the following notable scheme to effect the ends of those who "want farms and must have them." The State can regulate, by statute, the laws of descents. It has, accordingly, been solemnly proposed in the Legislature of New York, that the statute of descents should be so far altered, that when a landlord, holding lands subject to certain leasehold tenures, dies, or a descent is cast, that it shall be lawful for the tenants, on application to the chancellor, to convert these leasehold tenures into mortgages, and to obtain the fee-simple of the estates in payment of the debt! In other words, A leases a farm to B forever, reserving a ground-rent, with covenants of re-entry, etc., etc. B wishes a deed, but will not pay A's price. The United States says the contract shall not be impaired, and the Legislature of New York is illustrated by the expedient we have named, to get over the provision of the Constitution!

Since writing the foregoing, this law has actually passed the Assembly, though it has not been adopted by the Senate. The provision included all leased property, when the leases were for more than twenty-one years, or were on lives.—Editor.