The Anti-rent Era in New York Law and Politics, 1839-1865

Capa
Univ of North Carolina Press, 2001 - 408 páginas
A compelling blend of legal and political history, this book chronicles the largest tenant rebellion in U.S. history. From its beginning in the rural villages of eastern New York in 1839 until its collapse in 1865, the Anti-Rent movement impelled the state's governors, legislators, judges, and journalists, as well as delegates to New York's bellwether constitutional convention of 1846, to wrestle with two difficult problems of social policy. One was how to put down violent tenant resistance to the enforcement of landlord property and contract rights. The second was how to abolish the archaic form of land tenure at the root of the rent strike.

Charles McCurdy considers the public debate on these questions from a fresh perspective. Instead of treating law and politics as dependent variables--as mirrors of social interests or accelerators of social change--he highlights the manifold ways in which law and politics shaped both the pattern of Anti-Rent violence and the drive for land reform. In the process, he provides a major reinterpretation of the ideas and institutions that diminished the promise of American democracy in the supposed "golden age" of American law and politics.

 

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Conteúdo

Governor Seward and the Manor of Rensselaerwyck
1
A Whig in the State House
4
The Patroons Domain
10
The Helderberg War
18
Land Law and the Law of the Land
22
Whig Reconnaissance
32
Public Purposes in Party Dialogue
34
The Wheaton Bill
39
Political Crossroads
182
The WashingtonAlbany Connection
184
Dilemmas for the Democracy
189
Land Reform and Constitutional Reform
194
Partisan Mediators of AntiRent Decisions
200
A Cacophony of Voices
205
The New Constitution
207
Schism
212

Land Reform and Whig Constitutionalism
42
The Making of the Manor Commission
51
The Politics of Evasion
56
Portents of Failure
58
The Debacle in Albany
62
AntiRent Revived
68
The Compromise of 1841
74
The Trouble with Democrats
78
Whig FallaciesDemocratic Solutions
80
Bargain Theory in the Jacksonian Persuasion
84
Debtors and Tenants before the Legislature
87
AntiRent Transformed
95
DepressionEra Constitutionalism
104
Tightening the RightRemedy Distinction
107
Due Process and the Eminent Domain Power
110
Judicial Review in a Democracy
116
The Logic of Constitutional Reform
121
Signs of War
128
Petitions and Partisanship
131
Land Reform and Democratic Constitutionalism
135
Texas and the Reorientation of Parties
141
The Luxuriation of AntiRent
148
Resistance and Reform
156
The Election of 1844
159
Bloodshed
163
Mixed Reactions
167
Stalemate
174
The Rout of the Indians
216
Whig Recriminations
223
The NoCompromise Persuasion
228
Democratic Futility
234
Land Reform at the Shrine of Party
237
Political Fratricide
246
The AntiRent Measures
249
A Sinking Ship
255
Whig Resolution
260
AntiRent and the Balance of Power
263
A Troublesome Constituency
270
Antislavery and AntiRent
276
Dead Ends
281
Enmeshed in Law
287
Lawyers in Charge
289
The Failed Compromise of 1850
295
Division and Decline
301
The Lease in Fee Besieged
306
Perpetual Rent
308
The End of an Era
316
The AntiRent Act of 1860
317
Defeat
325
Aftermath
329
Conclusion
331
Notes
337
Index
387
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Sobre o autor (2001)

Charles W. McCurdy is professor of history and law at the University of Virginia.

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