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
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.
Public-domain text, read in full here on John Shaqi.
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