The Chainbearer Part 21

"Wa-a-l"--how that man would 'wa-a-a-l' when he wished to circ.u.mvent a fellow-creature; and with what a Jesuitical accent did he p.r.o.nounce the word! "Wa-a-a-l--that's accordin' to folk's idees. A covenant may be _hard_; and then, in my judgment, it ought to go for nothin'. I'm ag'in all hard covenants."

"Harkee, frient Jason," put in the Chainbearer, who was an old acquaintance of Mr. Newcome's, and appeared thoroughly to understand his character--"Harkee, frient Jason; do you gift back unexpected profits, ven it so happens t'at more are mate on your own pargains t'an were look for?"

"It's not of much use to conva.r.s.e with you, Chainbearer, on such subjects, for we'll never think alike," answered the 'squire, leaning still farther back in his chair; "you're what I call a particular man, in your notions, and we should never agree."

"Still, there is good sense in the Chainbearer's question," I added.

"Unless prepared to answer 'yes,' I do not see how you can apply your own principle with any justice. But let this pa.s.s as it will, why are covenants made, if they are not to be regarded?"

"Wa-a-l, now, accordin' to my notion, a covenant in a lease is pretty much like a water-course in a map; not a thing to be partic'lar at all about; but as water-courses look well on a map, so covenants read well in a lease. Landlords like to have 'em, and tenants a'n't particular."

"You can hardly be serious in either case, I should hope, Mr. Newcome, but are pleased to exercise your ingenuity on us for your own amus.e.m.e.nt.

There is nothing so particular in the covenants of your lease as to require any case of conscience to decide on its points."

"There's this in it, major, that you get the whull property back ag'in, if you choose to claim it."

"Claim it! the whole property has been mine, or my predecessors', ever since it was granted to us by the crown. _All_ your rights come from your _lease_; and when that terminates, your rights terminate."

"Not accordin' to my judgment, major; not accordin' to my judgment. I built the mills at my own cost, you'll remember."

"I certainly know, sir, that you built the mills at what you call your own cost; that is, you availed yourself of a natural mill-seat, used our timber and other materials, and constructed the mills, such as they are, looking for your reward in their use for the term of a quarter of a century, for a mere nominal rent--having saw-logs at command as you wanted them, and otherwise enjoying privileges under one of the most liberal leases that was ever granted."

"Yes, sir, but that was in _the bargain_ I made with your grand'ther. It was _agreed_ between us, at the time I took the place, that I was to cut logs at will, and of course use the materials on the ground for buildin'. You see, major, your grand'ther wanted the mills built desperately; and so he gave them conditions accordin'ly. You'll find every syllable on't in the lease."

"No doubt, Mr. Newcome; and you will also find a covenant in the same lease, by which your interest in the property is to cease in a few days."

"Wa-a-l, now, I don't understand leases in that way. Surely it was never intended a man should erect mills, to lose all right in 'em at the end of five-and-twenty years."

"That will depend on the bargain made at the time. Some persons erect mills and houses that have no rights in them at all. They are paid for their work as they build."

"Yes, yes--carpenters and millwrights, you mean. But I'm speakin' of no such persons; I'm speakin' of honest, hard-workin', industrious folks, that give their labor and time to build up a settlement; and not of your mechanics who work for hire. Of course, they're to be paid for what they do, and there's an eend on't."

"I am not aware that all honest persons are hard-working, any more than that all hard-working persons are honest. I wish to be understood _that_, in the first place, Mr. Newcome, phrases will procure no concession from me. I agree with you, however, perfectly, in saying that when a man is paid for his work, there will be what you call 'an end of it.' Now twenty-three days from this moment, you will have been paid for all you have done on my property according to your own agreement; and by your own reasoning, there must be an end of your connection with that property."

"The major doesn't mean to rob me of all my hard earnin's!"

"Mr. Newcome, _rob_ is a hard word, and one that I beg may not be again used between you and me. I have no intention to rob you, or to let you rob me. The pretence that you are not, and were not acquainted with the conditions of this lease, comes rather late in the day, after a possession of a quarter of a century. You know very well that my grandfather would not sell, and that he would do no more than lease; if it were your wish to purchase, why did you not go elsewhere, and get land in fee? There were, and still are, thousands of acres to be sold, all around you. I have lands to sell, myself, at Mooseridge, as the agent of my father and Colonel Follock, within twenty miles of you, and they tell me capital mill-seats in the bargain."

"Yes, major, but not so much to my notion as this--I kind o' wanted this!"

"But, I kind o' want this, too; and, as it is mine, I think, in common equity, I have the best claim to enjoy it."

"It's on equity I want to put this very matter, major--I know the law is ag'in me--that is, some people say it is; but some think not, now we've had a revolution--but, let the law go as it may, there's such a thing as what I call _right_ between man and man."

"Certainly; and law is an invention to enforce it. It is right I should do exactly what my grandfather agreed to do for me, five-and-twenty years ago, in relation to these mills; and it is right you should do what you agreed to do, for yourself."

"I _have_ done so. I agreed to build the mills, in a sartain form and mode, and I done it. I'll defy mortal man to say otherwise. The saw-mill was smas.h.i.+ng away at the logs within two months a'ter I got the lease, and we began to grind in four!"

"No doubt, sir, you were active and industrious--though, to be frank with you, I will say that competent judges tell me neither mill is worth much now."

"That's on account of the lease"--cried Mr. Newcome, a little too hastily, possibly, for the credit of his discretion--"how did I know when it would run out? Your gran'ther granted it for three lives, and twenty-one years afterward, and I did all a man could to make it last as long as I should myself; but here I am, in the prime of life, and in danger of losing my property!"

I knew all the facts of the case perfectly, and had intended to deal liberally with Mr. Newcome from the first. In his greediness for gain he had placed his lives on three infants, although my grandfather had advised him to place at least one on himself; but, no--Mr. Newcome had fancied the life of an infant better than that of a man; and in three or four years after the signature of the lease, his twenty-one years had begun to run, and were now near expiring. Even under this certainly unlooked-for state of things, the lease had been a very advantageous one for the tenant; and, had one of his lives lasted a century, the landlord would have looked in vain for any concession on that account; landlords never asking for, or expecting favors of that sort; indeed most landlords would be ashamed to receive them; nevertheless, I was disposed to consider the circ.u.mstances, to overlook the fact that the mills and all the other buildings on the property were indifferently built, and to relet, for an additional term of twenty-one years, woodlands, farms, buildings, and other privileges, for about one-third of the money that Mr. Newcome himself would have been apt to ask, had he the letting instead of myself. Unwilling to prolong a discussion with a man who, by his very nature, was unequal to seeing more than one side of a subject, I cut the matter short by telling him my terms without further delay.

Notwithstanding all his acting and false feeling, the 'squire was so rejoiced to learn my moderation that he could not but openly express his feelings; a thing he would not have done did he not possess the moral certainty I would not depart from my word. I felt it necessary, however, to explain myself.

"Before I give you this new lease, Mr. Newcome," I added, holding the instrument signed in my hand, "I wish to be understood. It is not granted under the notion that you have any right to ask it, beyond the allowance that is always made by a liberal landlord to a reasonably _good_ tenant; which is simply a preference over others on the same terms. As for the early loss of your lives, it was your own fault. Had the infants you named, or had one of them, pa.s.sed the state of childhood, it might have lived to be eighty, in which case my timber-land would have been stripped without any return to its true owner, but your children died, and the lease was brought within reasonable limits. Now the only inducement I have for offering the terms I do, is the liberality that is usual with landlords, what is conceded is conceded as no right, but as an act of liberality."

This was presenting to my tenant the most incomprehensible of all reasons for doing anything. A close and sordid calculator himself, he was not accustomed to give any man credit for generosity; and, from the doubting, distrustful manner in which he received the paper, I suspected at the moment that he was afraid there was some project for taking him in. A rogue is always distrustful, and as often betrays his character to honest men by that as by any other failing. I was not to regulate my own conduct, however, by the weaknesses of Jason Newcome, and the lease was granted.

I could wish here to make one remark. There ought certainly to be the same principle of good fellows.h.i.+p existing between the relations of landlord and tenant that exist in the other relations of life, and which creates a moral tie between parties that have much connection in their ordinary interests, and that to a degree to produce preferences and various privileges of a similar character. This I am far from calling in question; and, on the whole, I think, of all that cla.s.s of relations, the one in question is to be set down as among the most binding and sacred. Still, the mere moral rights of the tenant must depend on the rigid maintenance of all the rights of the landlord; the legal and moral united; and the man who calls in question either of the latter, surely violates every claim to have his own pretensions allowed, beyond those which the strict letter of the law will yield to him. _The landlord who will grant a new lease to the individual who is endeavoring to undermine his rights, by either direct or indirect means, commits the weakness of arming an enemy with the knife by which he is himself to be a.s.saulted, in addition to the error of granting power to a man who, under the character of a spurious liberty, is endeavoring to unsettle the only conditions on which civilized society can exist._ If landlords will exhibit the weakness, they must blame themselves for the consequences.

I got rid of Mr. Newcome by the grant of the lease, his whole manoeuvring having been attempted solely to lower the rent; for _he_ was much too shrewd to believe in the truth of his own doctrines on the subject of right and wrong. That same day my axe-men appeared at the 'Nest, having pa.s.sed the intermediate time in looking at various tracts of land that were in the market, and which they had not found so eligible, in the way of situation, quality, or terms, as those I offered. By this time, the surveyed lots of Mooseridge were ready, and I offered to sell them to these emigrants. The price was only a dollar an acre, with a credit of ten years; the interest to be paid annually. One would have thought that the lowness of the price would have induced men to prefer lands in fee to lands on lease; but these persons, to a man, found it more to their interests to take farms on three-lives leases, being rent-free for the first five years, and at nominal rents for the remainder of the term, than to pay seven dollars a year of interest, and a hundred dollars in money, at the expiration of the credit.[11] This fact, of itself, goes to show how closely these men calculated their means, and the effect their decisions might have on their interests. Nor were their decisions always wrong. Those who can remember the start the country took shortly after the peace of '83, the prices that the settlers on new lands obtained for their wheat, ashes, and pork; three dollars a bushel often for the first, three hundred dollars a ton for the second, and eight or ten dollars a hundred for the last, will at once understand that the occupant of new lands at that period obtained enormous wages for a laborer by means of the rich unexhausted lands he was thus permitted to occupy. No doubt he would have been in a better situation had he owned his farm in fee at the end of his lease; so would the merchant who builds a s.h.i.+p and clears her cost by her first freight, have been a richer man had he cleared the cost of two s.h.i.+ps instead of one; but he has done well, notwithstanding; and it is not to be forgotten that the man who commences life with an axe and a little household furniture, is in the situation of a mere day-laborer. The addition to his means of the use of land is the very circ.u.mstance that enables him to rise above his humble position, and to profit by the cultivation of the soil. At the close of the last century, and at the commencement of the present, the country was so placed as to render every stroke of the axe directly profitable, the very labor that was expended in clearing away the trees meeting with a return so liberal by the sale of the ashes manufactured, as to induce even speculators to engage in the occupation. It may one day be a subject of curious inquiry to ascertain how so much was done as is known to have been done at that period, toward converting the wilderness into a garden; and I will here record, for the benefit of posterity, a brief sketch of one of the processes of getting to be comfortable, if not rich, that was much used in that day.

[Footnote 11: The fact here stated by Mr. Littlepage should never be forgotten; inasmuch as it colors the entire nature of the pretension now set up as to the exactions of leases. No man in New York need ever have _leased_ a farm for the want of an opportunity of _purchasing_, there never having been a time when land for farms in fee has not been openly on sale within the bounds of the State; and land every way as eligible as that leased. In few cases have two adjoining estates been leased; and where such has been the fact, the husbandman might always have found a farm in fee, at the cost of half a day's travelling. The benefits to the landlord have usually been so remote on the estate leased, that by far the greater proportion of the proprietors have preferred selling at once, to waiting for the tardy operations of time.--EDITOR.]

It was a season's work for a skilful axe-man to chop, log, burn, clear, and sow ten acres of forest land. The ashes he manufactured. For the heavier portions of the work, such as the logging, he called on his neighbors for aid, rendering similar a.s.sistance by way of payment. One yoke of oxen frequently sufficed for two or three farms, and "logging-bees" have given rise to a familiar expression among us, that is known as legislative "log-rolling;" a process by which, as is well known, one set of members supports the project of another set, on the principle of reciprocity.

Now ten acres of land, cropped for the first time, might very well yield a hundred and fifty bushels of merchantable wheat, which would bring three hundred dollars in the Albany market. They would also make a ton of pot-ashes, which would sell for at least two hundred dollars. This is giving five hundred dollars for a single year's work. Allowing for all the drawbacks of buildings, tools, chains, transportation, provisions, etc., and one-half of this money might very fairly be set down as clear profit; very large returns to one who, before he got his farm, was in the situation of a mere day-laborer, content to toil for eight or nine dollars the month.

That such was the history, in its outlines, of the rise of thousands of the yeomen who now dwell in New York, is undeniable; and it goes to show that if the settler in a new country has to encounter toil and privations, they are not always without their quick rewards. In these later times, men go on the open prairies, and apply the plough to an ancient sward; but I question if they would not rather encounter the virgin forests of 1790, with the prices of that day, than run over the present park-like fields, in order to raise wheat for 37-1/2 cents per bushel, have no ashes at any price, and sell their pork at two dollars the hundred!

CHAPTER XIV.

"Intent to blend her with his lot, Fate formed her all that he was not; And, as by mere unlikeness thought, a.s.sociate we see, Their hearts, from very difference, caught A perfect sympathy."--PINCKNEY.

All this time I saw Ursula Malbone daily, and at all hours of the day.

Inmates of the same dwelling, we met constantly, and many were the interviews and conversations which took place between us. Had Dus been the most finished coquette in existence, her practised ingenuity could not have devised more happy expedients to awaken interest in me than those which were really put in use by this singular girl, without the slightest intention of bringing about any such result. Indeed, it was the nature, the total absence of art, that formed one of the brightest attractions of her character, and gave so keen a zest to her cleverness and beauty. In that day, females, while busied in the affairs of their household, appeared in "short gown and petticoat," as it was termed, a species of livery that even ladies often a.s.sumed of a morning. The _toilette_ was of far wider range in 1784 than it is now, the distinctions between morning and evening dress being much broader then than at present. As soon as she was placed really at the head of her brother's house, Ursula Malbone set about the duties of her new station quietly and without the slightest fuss, but actively and with interest.

She seemed to me to possess, in a high degree, that particular merit of carrying on the details of her office in a silent, un.o.btrusive manner, while they were performed most effectually, and entirely to the comfort of those for whose benefit her care was exercised. I am not one of those domestic canters who fancy a woman, in order to make a good wife, needs be a drudge, and possess the knowledge of a cook or a laundress; but it is certainly of great importance that she have the faculty of presiding over her family with intelligence, and an attention that is suited to her means of expenditure. Most of all it is important that she know how to govern without being seen or heard.

The wife of an educated man should be an educated woman: one fit to be his a.s.sociate, qualified to mingle her tastes with his own, to exchange ideas, and otherwise to be his companion, in an intellectual sense.

These are the higher requisites; a gentleman accepting the minor qualifications as so many extra advantages, if kept within their proper limits; but as positive disadvantages if they interfere with, or in any manner mar the manners, temper, or mental improvement of the woman whom he has chosen as his wife, and not as his domestic. Some sacrifices may be necessary in those cases in which cultivation exists without a sufficiency of means; but even then, it is seldom indeed that a woman of the proper qualities may not be prevented from sinking to the level of a menial. As for the cant of the newspapers on such subjects, it usually comes from those whose homes are mere places for "board and lodging."

The address with which Dus discharged all the functions of her new station, while she avoided those that were unseemly and out of place, charmed me almost as much as her spirit, character, and beauty. The negroes removed all necessity for her descending to absolute toil; and with what pretty, feminine dexterity did she perform the duties that properly belonged to her station! Always cheerful, frequently singing, not in a noisy, milkmaid mood, but at those moments when she might fancy herself unheard, and in sweet, plaintive songs that seemed to recall the scenes of other days. Always cheerful, however, is saying a little too much; for occasionally, Dus was sad. I found her in tears three or four times, but did not dare inquire into their cause. There was scarce, time, indeed; for the instant I appeared, she dried her eyes, and received me with smiles.

It is scarcely necessary to say that to me the time pa.s.sed pleasantly, and amazingly fast. Chainbearer remained at the 'Nest by my orders, for he would not yield to requests; and I do not remember a more delightful month than that proved to be. I made a very general acquaintance with my tenants, and found many of them as straightforward, honest, hard-working yeomen as one could wish to meet. My brother major, in particular, was a hearty old fellow, and often came to see me, living on the farm that adjoined my own. He growled a little about the sect that had got possession of the "meetin'-us," but did it in a way to show there was not much gall in his own temperament.

"I don't rightly understand these majority matters," said the old fellow, one day that we were talking the matter over, "though I very well know Newcome always manages to get one, let the folks think as they will. I've known the 'squire contrive to cut a majority out of about a fourth of all present, and he does it in a way that is desp'ret ingen'ous, I will allow, though I'm afeard it's neither law nor gospel."

"He certainly managed, in the affair of the denomination, to make a plurality of one appear in the end to be a very handsome majority over all."

"Ay, there's twists and turns in these things that's beyond my l'arnin', though I s'pose all's right. It don't matter much in the long run, a'ter all, where a man wors.h.i.+ps, provided he wors.h.i.+ps; or who preaches, so that he listens."

I think this liberality--if that be the proper word--in religious matters, is fast increasing among us; though liberality may be but another term for indifference. As for us Episcopalians, I wonder there are any left in the country, though we are largely on the increase.

There we were, a church that insisted on Episcopal ministrations--on confirmation in particular--left for a century without a bishop, and unable to conform to practices that it was insisted on were essential, and this solely because it did not suit the policy of the mother country to grant us prelates of our own, or to send us, occasionally even, one of hers! How miserable do human expedients often appear when they are tried by the tests of common sense! A church of G.o.d, insisting on certain spiritual essentials that it denies to a portion of its people, in order to conciliate worldly interests! It is not the Church of England, however, nor the Government of England, that is justly obnoxious to such an accusation; something equally bad and just as inconsistent, attaching itself to the ecclesiastical influence of every other system in Christendom under which the state is tied to religion by means of human provisions. The mistake is in connecting the things of the world with the things that are of G.o.d.