"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 clamor, 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 favorable view of humanity, sir."
"I speak of the world as I have found it in both hemispheres, or, as your neighbor 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."