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.