1 6 Thoughts on ConJlru5live Refir't^lotu, [FEB. 



In a word, I am (decidedly of opinion that the general claufe, if 

 it is applied xo cropping, is of a mirchievous tendency to the 

 farming intereft of Scotland, 1 have witnefled this in many in- 

 ftancts, and been amazed to fee it fupporred by reafons directly 

 contradi«51ory. 1 remember well of oeipg concerned in a remit 

 from the fuperior court, in company with two gentlemen of ac- 

 knowledged abilities. The bulinefs hinged almolf entirely upon 

 the quantity of wheat fown ; for the farm under conllderaiion 

 was in excellent order. One of my coadjutor? maintained, that 

 the tenant had contravened the leafe, becaufe he had not fol- 

 lowed out a regular rotation of fours or fixes ; and that, without 

 idhering to fame one or other of thefe rotations, no hulbandry 

 could be good. — I don't care a halfpenny, fays my other friend, 

 what mode of cropping has been praftifed, providing one half of 

 the farm is under green crops. The tenant may make wheat of 

 the other half, if he pleafes ; but for all the acres in culmiferous 

 crops above that half, I maintain that he is liable in damages. 

 In this way are tenants often treated at the conclufion of a leafe, 

 which furely does not hold out much encouragement to the in- 

 trodu(5lion of fubdantiai improvemeiUs at an earlier flage ; I 

 mean, fuch as are gained from draining, liming, and grazing 

 the land, — feeing that occupiers may be deprived, in a legal 

 manner, of reaping the full fruits of luch improvements. 



If the general claufe is confined to what appears to me to be 

 Its original and true objedt, viz. keeping the land clean and in 

 as good heart as poflible, then my oppolition is at an end ; but 

 when it is applied to the mode of cropping, or to the kind of 

 grain raifed upon a farm, it opens a door for cndlefs litigation. — 

 The fame rule can fcarcely be eligible over all the farms of a (in- 

 gle parifh, but muft be utterly wide of juflice when the practice 

 of a country is meafured by it. It fubjedls the management of 

 practical and experienced farmers to the judgement of law courts, 

 who cannot be fuppofed to pofTeis the means of information. The 

 farmers of Scotland will indeed deferve pity if their management 

 18 to be fubje<ftcd to fuch a review. If the belt method of crop- 

 ping a farm is to be determined on the Bench, Sir William Pul- 

 leney may recall his donation for erecting a profeflbrlLip. 



I have thus endeavoured to point out a few of the evils which 

 may affect the tenantry of Scotland, if conrtruflive reflri(Slions are 

 to be drawn from ambiguous or undefined covenants. The on- 

 ly method by which thefe evils can be avoided, is to get the ge- 

 neral claufe expunged altogether, or accompanied by a fuitable ex- 

 planation. As to proprietors, it would be a preferable plan were 

 they to mark in a diftinft manner the rcfi:ri6tions they mean fhould 

 be enforced at the conclufion of a leafe. The tenant would then 



know 



