Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson, Volume 1 eBook

This eBook from the Gutenberg Project consists of approximately 704 pages of information about Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson, Volume 1.

Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson, Volume 1 eBook

This eBook from the Gutenberg Project consists of approximately 704 pages of information about Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson, Volume 1.
the subsequent insurrections of his reign, formed a considerable proportion of the lands of the whole kingdom.  These he granted out, subject to feudal duties, as did he also those of a great number of his new subjects, who, by persuasions or threats, were induced to surrender them for that purpose.  But still much was left in the hands of his Saxon subjects, held of no superior, and not subject to feudal conditions.  These, therefore, by express laws, enacted to render uniform the system of military defence, were made liable to the same military duties as if they had been feuds:  and the Norman lawyers soon found means to saddle them, also, with all the other feudal burthens.  But still they had not been surrendered to the King, they were not derived from his grant, and therefore they were not holden of him.  A general principle, indeed, was introduced, that “all lands in England were held either mediately or immediately of the Crown:”  but this was borrowed from those holdings which were truly feudal, and only applied to others for the purposes of illustration.  Feudal holdings were, therefore, but exceptions out of the Saxon laws of possession, under which all lands were held in absolute right.  These, therefore, still form the basis or groundwork of the common law, to prevail wheresoever the exceptions have not taken place.  America was not conquered by William the Norman, nor its lands surrendered to him or any of his successors.  Possessions there are, undoubtedly, of the Allodial nature.  Our ancestors, however, who migrated hither, were laborers, not lawyers.  The fictitious principle, that all lands belong originally to the King, they were early persuaded to believe real, and accordingly took grants of their own lands from the Crown.  And while the Crown continued to grant for small sums and on reasonable rents, there was no inducement to arrest the error, and lay it open to public view.  But his Majesty has lately taken on him to advance the terms of purchase and of holding to the double of what they were; by which means the acquisition of lands being rendered difficult, the population of our country is likely to be checked.  It is time, therefore, for us to lay this matter before his Majesty, and to declare that he has no right to grant lands of himself.  From the nature and purpose of civil institutions, all the lands within the limits which any particular society has circumscribed around itself, are assumed by that society, and subject to their allotment; this may be done by themselves assembled collectively, or by their legislature, to whom they may have delegated sovereign authority:  and, if they are allotted in neither of these ways, each individual of the society may appropriate to himself such lands as he finds vacant, and occupancy will give him title.

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