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I have here an Opinion which I will read to the House, which I find recorded as having been given by an eminent counsel: it is quoted in Hayes' work on Conveyancing, and the Opinion was given on the occasion of a settlement on the marriage of a gentleman having a fee-simple estate: 'The proposals extend to a strict settlement by the gentleman upon the first and other sons of the marriage.
He is quite content with himself, because he thinks that he has not been selfish. He cares nothing that he has robbed every one all round. He has no reverence for property and the laws which govern it. He was born only with the life-interest, and he has determined to treat it as though the fee-simple had belonged to him.
To look at him, you could not have fancied a face or a figure with less of the romantic about them; yet I believe that the whole region of his brain was held in fee-simple, whatever that may mean, by a race of fairy architects, who built aerial castles therein, regardless of expense. His imagination was the most distinguishing feature of his character.
Under it the system of tenure which held the field in the other three provinces was replaced by one in which the tenants had security against arbitrary eviction so long as they paid their rents, and, in addition, were entitled to sell their interest in the property to the incoming tenant, and this Tenant Right sold often for as much as half, and sometimes for as much as the full, fee-simple of the holding.
Indeed he had not been long in India before he was forced by the Indian secretary to reverse Lord Canning's wise measure for the sale of a fee-simple tenure with all its political as well as economic advantages.
To the great annoyance of the Pope, he had handed the town over to them in fee-simple, thus securing for himself a band of faithful allies in the heart of an ever- treacherous and hostile country. Fatima, as my heroine is called, has prepared, through the instrumentality of trusty friends, a reception for Manfred in this place.
As for the German princes, they would come greedily into the arrangement, as the league, rich in the spoils of the Austrian house, would have Hungary, Bohemia, Silesia, Moravia, the archduchies, and other splendid provinces to divide among them. The pope would be bought up by a present, in fee-simple, of Naples, and other comfortable bits of property, of which he was now only feudal lord.
So anxious were the speculators to obtain them that one person offered the fee-simple of twelve acres of building ground for the Harlaem tulip. That of Amsterdam was bought for 4600 florins, a new carriage, two grey horses, and a complete suit of harness.
Many large holdings are leased to middlemen who have sublet them at extravagant rents, but cannot be dispossessed. This is the system which now exists, yet the great landholders I have consulted describe it as the result which will be brought about by giving the fee-simple of holdings to cottier tenants.
Thus we have the French Emperor, designated as a parvenu both in England and America, and owing his power to his name, the democrat Garibaldi, whose power is from his deeds, and whose income is not equal to that of an Irish laborer in the United States, the rich and noble Cavour, whose weekly revenues would suffice to purchase the fee-simple of Garibaldi's island-farm, the King of Sardinia, representing a race that was renowned before the Normans reigned in England, and the masses of the Italian people, all acting together for the redemption of a country which needs only justice to enable it to assume, as near as modern circumstances will permit, its old importance in the world's scale.
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