Such arc the outlines of that plan of a lease which his lordship has proposed. By this plan the tenant's hands are not tied up by restrictive clauses, dictated by igno rance, under the pretext of securing the interest of the landlord. His interest is secured in a much more effec tual manner, while the tenant is left at Cull liberty to avail himself of his knowledge, his skill, and his industry. Instead of ceasing to be-gin nit arduous undertaking, as he must ever do where he has no lease, or of beginning to improve for a kw years only at the commencement of his lease, but stopping in a short while in the midst of his career, and then running it down to the same exhausted state as it was at its commencement, he con tinues to push forward without ever stopping : and ad rances even with an accelerating progress fur an end less period of years. No person but an experienced farmer can I onceive the difference that would exist be tween the productiveness of the same land under this management, at the end of a hundred years, from what it would have been if let even for detached periods of 21 years each. in unimproved waste lands, the differ ence would approach almost to infinity. In lands which were originally very rich, the difference would be less considerable : hut in all inaces where cultivation could take place, the difference would be very great.
On Covenan,s to Leases, which restrict, and intry; re will', he 7' aunt's rations.
In Scotland, where the custom of granting leases is in general use, the restrictit e clauses are kw, being chiefly confined to the latter period of the lease, a.al seldom even then of any injury to agriculture. The restrictions on management, which then take place, re late to the mode of to the quantity of land that is to he kept in grass, and, finally, to the dung on the farm, and to the laud which is to be left in fallow in the waygoing crop. These may be said to be the only restrictions on the management of the tenantry ; and, taking human nature as it is, they are obviously necessary. This is not the case, however, with the re strictive covenants of the majority of English leases. These operate lrom the outset, and interfere, almost in every case, with the tenant's management. There are numerous exceptions, no doubt ; but, in most cases, the slightest discretionary management is not permitted. In fact, the tenant, in many instances, cannot be view ed as a free agent, but as one under the government of a second person, who prescribes his operations, and punishes any neglect or disobedience of which he may be guilty.
It is easy to perceive, that such a system must be totally adverse to improvement. In fact, the mind, un der its influence, sinks into apathy, and is contented with the portion of know ledge already gained, without endeavouring to search after additional information. The
common and ordinary operations of a farm may be suffi ciently executed by those so circumstanced ; but im provment must be at an end, when there is no room for the exertion of ingenuity. The very interference of stewards with the tenant's management is sufficient to deaden his exertions ; at all events, their interference crushes his independence, renders him obsequious to those above him, and careless about all future improve Here it may be observed, that the primary error of this system consists in not giving the tenant a security of possession for a reasonable time ; and the second, and no less important error, arises from the restrictions im posed during the time he occupies his farm, which pre vent bins from changing his management, or of adapt ing his crops to the nature of the soil which he pos sesses. Agriculture is a living science, which is pro gressively improving ; consequently, what may be es teemed a good course of cropping at one time, may, from experience and observation, be afterwards found defcctive and erroneous.
That particular covenants in a lease are obstacles to improvements, cannot be disputed ; for the very nature of t, restrictive covenant supposes, that the pract:ce to be regulated by it had arrived at its ne pia.y ultra, and could nut be mended. These couvenants, or •estric tions, subsist more or les., in every Englisn lease ; and the shorter the lease the more numerous they are. In annual leases there appears an absolute necessity for them.; as the farmer, from having no certain prospect of enjoying his possession, would otherwise he tempted to disregard every branch of good husbandry.
It will hardly he alleged in defence of this practice, that agriculture has !ready arrived at its utmost pitch of perfection, and that improvements in that art can be carried no farther. \Ve will not suppose that any per son acquainted vt ith the subject can maintain such as opinion. But how is this to be done, if the farmer, who is the first wheel of the agricultural machine, be re stricted in his management ? If the crops he is to sow be marked out by the drawer of his lease, how are more approved rotations to he introduced ? The fact is, that alt good farming is local, and must in a great measure be regulated by the soil and the weather. It is there fore absurd to lay down in a lease particular rules for a number of years' practice ; as, from circumstances, many fields are often both richer and cleaner after carrying five or six crops,than others are after two ; consequently, without leaving these things to the wisdom and judg ment of the farinr, the ground can never be properly cultivated, nor made to produce its greatest value.