Memoir, Correspondence, and Miscellanies, From the Papers of Thomas Jefferson, Volume 1Jefferson, Thomas
History
Memoir, Correspondence, and Miscellanies, From the Papers of Thomas Jefferson, Volume 1
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
But your Majesty or your Governors have carried this power beyond every
limit known or provided for by the laws. After dissolving one House of
Representatives, they have refused to call another, so that, for a great
length of time, the legislature provided by the laws has been out of
existence. From the nature of things, every society must at all times
possess within itself the sovereign powers of legislation. The feelings
of human nature revolt against the supposition of a state so situated,
as that it may not, in any emergency, provide against dangers which
perhaps threaten immediate ruin. While those bodies are in existence
to whom the people have delegated the powers of legislation, they alone
possess, and may exercise, those powers. But when they are dissolved, by
the lopping off one or more of their branches, the power reverts to the
people, who may use it to unlimited extent, either assembling together
in person, sending deputies, or in any other way they may think proper.
We forbear to trace consequences further; the dangers are conspicuous
with which this practice is replete.
‘That we shall, at this time also, take notice of an error in the nature
of our land-holdings, which crept in at a very early period of our
settlement. The introduction of the feudal tenures into the kingdom of
England, though ancient, is well enough understood to set this matter
in a proper light. In the earlier ages of the Saxon settlement, feudal
holdings were certainly altogether unknown, and very few, if any, had
been introduced at the time of the Norman conquest. Our Saxon ancestors
held their lands, as they did their personal property, in absolute
dominion, disencumbered with any superior, answering nearly to the
nature of those possessions which the Feudalists term Allodial. William
the Norman first introduced that system generally. The lands which
had belonged to those who fell in the battle of Hastings, and in 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
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