The Redskins; or, Indian and Injin, Volume 1.: Being the Conclusion of the Littlepage Manuscripts — John Shaqi
The Redskins; or, Indian and Injin, Volume 1.: Being the Conclusion of the Littlepage ManuscriptsCooper, James Fenimore
History
The Redskins; or, Indian and Injin, Volume 1.: Being the Conclusion of the Littlepage Manuscripts
Cooper, James Fenimore
Indians of North America -- Fiction; New York (State) -- History -- Colonial period, ca. 1600-1775 -- Fiction
The assembly of New York, in its memorable session of 1846, has taxed
the rents on long leases; thus, not only taxing the same property twice,
but imposing the worst sort of income-tax, or one aimed at a few
individuals. It has "thimble-rigged" in its legislation, as Mr. Hugh
Littlepage not unaptly terms it; endeavouring to do that indirectly,
which the Constitution will not permit it to do directly. In other
words, as it can pass no direct law "impairing the obligation of
contracts," while it _can_ regulate descents, it has enacted, so far as
one body of the legislature has power to enact anything, that on the
_death_ of a landlord the tenant may convert his lease into a mortgage,
on discharging which he shall hold his land in fee!
We deem the first of these measures far more tyrannical than the attempt
of Great Britain to tax her colonies, which brought about the
revolution. It is of the same general character, that of unjust
taxation; while it is attended by circumstances of aggravation that
were altogether wanting in the policy of the mother country. This is not
a tax for revenue, which is not needed; but a tax to "choke off" the
landlords, to use a common American phrase. It is clearly taxing
_nothing_, or it is taxing the same property twice. It is done to
conciliate three or four thousand voters, who are now in the market, at
the expense of three or four hundred who, it is known, are not to be
bought. It is unjust in its motives, its means and its end. The measure
is discreditable to civilization, and an outrage on liberty.
But, the other law mentioned is an atrocity so grave, as to alarm every
man of common principle in the State, were it not so feeble in its
devices to cheat the Constitution, as to excite contempt. This
extraordinary power is exercised because the legislature _can_ control
the law of descents, though it cannot "impair the obligation of
contracts!" Had the law said at once that on the death of a landlord
each of his tenants should _own_ his farm in fee, the ensemble of the
fraud would have been preserved, since the "law of descents" would have
been so far regulated as to substitute one heir for another; but
changing the _nature_ of a contract, with a party who has nothing to do
with the succession at all, is not so very clearly altering, or
amending, the law of descents! It is scarcely necessary to say that
every reputable court in the country, whether State or Federal, would
brand such a law with the disgrace it merits.
Public-domain text, read in full here on John Shaqi.
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