James Cooper - The Redskins - or, Indian and Injin. Volume 1

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."