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
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 party 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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