The Writings of Thomas Jefferson, Vol. 3 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
History
The Writings of Thomas Jefferson, Vol. 3 (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
Dear Sir,--I sit down to write to you without knowing by what occasion I
shall send my letter. I do it, because a subject comes into my head, which
I would wish to develop a little more than is practicable in the hurry of
the moment of making up general despatches.
The question, whether one generation of men has a right to bind another,
seems never to have been started either on this or our side of the water.
Yet it is a question of such consequences as not only to merit decision,
but place also among the fundamental principles of every government. The
course of reflection in which we are immersed here, on the elementary
principles of society, has presented this question to my mind; and that no
such obligation can be transmitted, I think very capable of proof. I set
out on this ground, which I suppose to be self-evident, that the _earth
belongs in usufruct to the living_; that the dead have neither powers nor
rights over it. The portion occupied by any individual ceases to be his
when himself ceases to be, and reverts to the society. If the society
has formed no rules for the appropriation of its lands in severality,
it will be taken by the first occupants, and these will generally be
the wife and children of the decedent. If they have formed rules of
appropriation, those rules may give it to the wife and children, or to
some one of them, or to the legatee of the deceased. So they may give it
to its creditor. But the child, the legatee or creditor, takes it, not by
natural right, but by a law of the society of which he is a member, and
to which he is subject. Then, no man can, by _natural right_, oblige the
lands he occupied, or the persons who succeed him in that occupation, to
the payment of debts contracted by him. For if he could, he might during
his own life, eat up the usufruct of the lands for several generations to
come; and then the lands would belong to the dead, and not to the living,
which is the reverse of our principle.
Public-domain text, read in full here on John Shaqi.
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