The Writings of Thomas Jefferson, Vol. 1 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
History
The Writings of Thomas Jefferson, Vol. 1 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private
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, disincumbered with any superior, answering nearly
to the nature of those possessions which the Feudalist 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 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 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
Public-domain text, read in full here on John Shaqi.
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