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Updated: June 11, 2025
It certainly was an exciting moment. We all shouted in our turns, and all cried 'forward, in common. Even Mr. Worden joined in the shout, and pressed forward. Jason, too, fought bravely; and we went at the wood like so many bull-dogs. I fancy the pedagogue thought the fee-simple of his mills depended on the result.
If six dollars would not suffice, the land might be rated at an average value of ten dollars, and the settler charged with a quit-rent of half a dollar per acre, and allowed to convert his tenure into a fee-simple by the payment of the principal.
The adjoining tenant, with exactly the same nature of land which he swore on oath he had paid more than the fee-simple in improving had his rent fixed by the County Court at four shillings an acre. To be sure, if the County Court valuer had not done so, he would have quickly lost his employment.
To know the springs which once controlled the world's movements, one must ponder the secret thoughts, purposes, aspirations, and baffled attempts of the few dozen individuals who once claimed that world in fee-simple. Such researches are not in a cheerful field; for the sources of history are rarely fountains of crystal, bubbling through meadows of asphodel.
By the Act of 1870 no tenant could be turned out without being paid a sum averaging a fourth of the fee-simple in addition to being paid for his improvements, and there the most observant of us thought the worst had been reached. When the Act of 1881 was passed, I met Lord Spencer, one of the authors of it, and said to him:
"I had him even now in my head for, look you, I am at that pass, when they say he will appear to wretched ruined creatures, and proffer them gold for the fee-simple of their salvation.
They protested against the requirements of silk and wine culture; they begged for the removal of all peculiar restrictions and for the institution of self-government They bombarded the trustees with petitions saying "rum punch is very wholesome in this climate," asking fee-simple title to their lands, and demanding most vigorously the right of importing slaves.
Both give the tenant a permanent interest being leases for ever, reserving an annual rent, with the right to distrain, and covenants of re-entry. But one class of these leases gives the tenant a right at any time to demand a deed in fee-simple, on the payment of a stipulated sum; while the other gives him no such privilege.
In the discussion which followed, the Duke of Newcastle declared that "it seemed monstrous that any body of gentlemen should exercise fee-simple rights which precluded the future colonization of that territory, as well as the opening of lines of communication through it."
Let us thank God if He only please to leave us the bare fee-simple of this English soil, the honor of our wives and daughters, and bodies safe from rack and fagot, to wield the swords of freemen in defence of a free land, even though every town and homestead in England were wasted with fire, and we left to rebuild over again all which our ancestors have wrought for us in now six hundred years."
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