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copyright by Cornell University
Library 1994.State of
No. 96.
IN SENATE, JULY 10, 1851.
REPORT
Of Minority of Judiciary Committee on bill for extin-
guishing Feudal Tenures.
Mr. Schoonmaker, from the committee on the Judiciary, to which
was referred the bill entitled u An act to extinguish Feudal Tenures,55
for himself as one of said committee,
REPORTS:
That the undersigned has devoted as much time as his other en-
gagements would permit to examine the same, but owing to the late-
ness of its reference to the committee, not having come into their
possession until the last day but one of the session, the undersigned
has been enabled to give it only a cursory examination. The object
of the bill, as expressed in the title, “ the extinguishment of feudal
tenures,’5 is one to which the undersigned would clearly assent. No
person has a greater aversion than the undersigned to such tenures,
and he will go as far as can be done constitutionally, and with a due
regard to the legal rights of others and the interests of the tenants, to
extinguish them. The people, by adopting in their constitution a
provision prohibiting in effect the future creation of any such estates,
have put their seal of condemnation upon tenures of such nature.
Such provisions were wisely engrafted in our fundamental law, after
a sad experience of the blighting effects of such tenures upon the
prosperity of the country, and the happiness, energy, and industry
of its citizens. To endeavor, by all constitutional and legal means,
[Senate, No. 96]	1	[u<n.5t|2	[Senate
to effect an early extinguishment of such tenures, is but carrying out
ihe principle which the people have declared, in their constitution, to
be right, and which is acknowledged by all to be necessary to the
full and healthy growth and prosperity of our country. The under-
signed is ready, fully and heartily, to co-operate with any person to
carry out the object expressed in the title of the bill, by any fair,
legal, just, and constitutional means. The title of a bill is, frequent-
ly, a poor and unsatisfactory index to its contents—and if the under-
signed understands the provisions of the bill correctly, the title, in
this case, falls far short of expressing its real character and effect.
In the first place, notwithstanding it is confidently affirmed by the
tenants, and has been over and over again alleged, declared, and at-
tempted to be proven upon the floor of the Senate by the senator
from the twelfth, who introduced this bill, either that the landlords
had no title to the property claimed by them and possessed by the
tenants, and that the ownership thereof was in the State, or that there
was at least great doubts of the validity of their title; it provides
that the landlords shall be paid and receive from the state and the
tenants, in cash or its equivalent, the full value of the interest claim-
ed by them in such lands. The bill, as drawn, in effect and in truth,
admits, acknowledges, and declares valid the title of the landlords,
and will, if passed, legislate into their pockets untold thousands of
the people’s money, and of the hard earned treasure of. the tenants.
Such a proposition is of rather an extraordinary character, consider-
ing the quarter from which it emanates.
The bill appropriates two hundred and fifty thousand dollars per
year for two years to pay the landlords out of the State treasury.
Whence that enormous sum is to be derived, and out of tvhat possi-
ble fund the money can be appropriated, the bill does not specify ;
but one of the proposed resolutions accompanying the bill authorizes
the committee so to change the bill as to authorize the issue of a
five per cent stock redeemable in a given period. This would in
fact create a debt in violation of the provisions of the constitution.
This is, also, rather an extraordinary proposition for one who fled the
Senate and broke up the session of the Legislature, as he alleged, for
fear such constitutional provision would be violated in the passage of
another bill3
No. 96.]
If a law for the relief of the tenants, and to extinguish feudal ten-
ures, is to be introduced and passed, it should be carefully considered
and drawn in order that it may, if possible, be effectual to carry out
the object intended and not bear upon its face the imprint of uncon-
stitutionality to render it nugatory and void. A bill of a proper
character, upon a subject of such importance, cannot be properly
digested and perfected in a single night. By reason of the lateness
of its reference the undersigned was unable to examine its provisions
or commence the preparation of this report until after 11 o’clock last
night, this being the day fixed for adjournment. If it had been pre-
sented and referred to the committee at an earlier stage of the session,
when there might have been some reasonable time left for examina-
tion and consideration, the undersigned would have been willing to
enter upon the task, as one of the members of the committee, and
endeavored, if possible, to perfect the same in such manner that, if
passed, the unhappy differences existing between the landlords and
tenants might thereby be justly and equitably settled with a due re-
gard to the rights of all, and our State and its citizens be thus reliev-
ed from all vestige of the unfortunate tenures which have been the
source of so much strife and unhappiness among its citizens.
The undersigned has spent much time since his election to the
Senate in .endeavoring Jo digest some plan by which the just and
equitable settlement of the difficulties between landlord and tenant
* may be effected and tenures of a feudal character be abolished. But
the undersigned has as yet been unable, in his own mind, to digest
any such plan. The existing litigations and controversy in relation
to the title of the landlords and the provisions of the constitution,
present difficult and important questions in the arrangement and set-
tlement of such plan, and he certainly cannot at this late hour of the
session properly mature and perfect the bill under consideration.
The undersigned, therefore, asks, as one of the committee, to be
relieved of the duty to report such bill complete, but in order to
bring the same before the Senate, asks leave to report the same as it is
for its consideration.	M. SCHOONMAKER.