Liam Cronan, who currently serves as a law clerk in the U.S. District Court for the District of Massachusetts, has posted Rent, Riots, and Rensselaer: The Patroon System of New Netherland and Its Lasting Influence on the History of Landlord-Tenant Law:
For more than two-and-a-half centuries, a Dutch aristocracy thrived in upstate New York. Known as “patroons,” these powerful landlords controlled vast tracts of land, claimed by the Netherlands in the 1620s, and extracted rents from those lands well into the nineteenth century. Among the first and most influential patroons was Kiliaen van Rensselaer, whose interactions with colonial agents left behind a rich and extensive body of legal records. As these sources reveal, the patroon system’s unique constitution, derived from Dutch civil law, granted the patroon a seemingly feudal right with no analog in Anglo-American legal history: the ability to sell part of his land yet still require rent payments from his former “tenants.” Despite initial efforts to curtail it, this system persisted long after New York transitioned from a colony to a state, perplexing courts and lawyers alike for generations. After a violent uprising known as the Anti-Rent Movement failed to end the patroon’s claims to perpetual rent, New York courts faced a slew of cases challenging the patroon system’s legality. These cases exposed, and attempted to harmonize, the inherent conflict between English common law and Dutch civil law, which continued to shape New York law long after Dutch colonial rule ended, setting lasting precedents for property rights, landlord-tenant law, and the ability to bind property with perpetual conditions. But despite this significance, the patroon system has long been undervalued by legal historians, with most recent scholarship mentioning it only in passing. In resurrecting this neglected area of property law, this article seeks to impart a historically informed understanding of the patroon system and its enduring impact on landlord-tenant law. It will begin by tracing the origins of the patroonship as a tool to aid Dutch colonization. Drawing on careful analysis and translation of the records Van Rensselaer and his agents left behind, it will then demonstrate how the patroonship formed an interlocking system of property rights that provided patroons like Van Rensselaer with not only the right to collect rent but also to control his tenants’ labor, direct local commerce, broker debts, and even establish his own laws and courts. Finally, it will examine a series of key nineteenth-century cases and treatises, illustrating the nuanced legacy of the patroon system and its complex interactions with Dutch and English legal traditions. By connecting the patroon system to the broader evolution of American property law, from contemporary landlord-tenant statutes to cases on COVID-19 mask requirements, this article will reveal its lasting influence on property law and its rightful place in American legal history.
--Dan Ernst