The enquirer. [volume] (Richmond, Va.) 1804-1815, 1804-11-07

x
thsr meant TO coniiue The Legislative body to
their Preient numbers, that they may be the
cheaper bargain whenever they ihall become
worth purchafe.
Ore of the articles Of impeachment againh
Tre!i.;an, and ERE other Judges of Wetmiuffer
Hall. il the reign of Richard the fecond, for
which they futiered death, as traitors to their
country, was, that they had advife6 the king
that he might dinolyc his parliaYr eut at any
time; and fuccscding kings have adopted the
opinion ofthefe nniuit Judges. Since the reign
of the Second William, howevec, under whom
the Britifh contribution was fettled On its free 9:
ancient principles, neither his majety, nor his
anccitors, have exercifed fnch power of diiio-
luton in the iiand of Great Britain and when
his inaiefty was petitioued, by the united voice
of his people there, to dlove the prefent parli-
ameut, who had become obnoxious to them, his
rinifers were heard to declare, in open parlia-
meut, that his maiety poHei'ed no f,'ch power
by the conftitution.C0 But how different their
language and his practice here To declare, as
their duty required, the known rights OF their
country, to oppofe the uturpations ofeverv TO-
reign iudicature, TO difregard the imperious
mandates OF minifter governor, have been
the avowed caules OF diiiolving houies OF repre-.
fentatives in America. But if fuch powers he
really vefted in his maiefy, can he fnpnofe
they are there placed TO awe the members from
fuch purpoies as theIe? when the reprofsnta-
tive body have loft the confidence of their con-
f,ituents, when they have notorioullv made fale
Of their mott valuable rights, when thew have
aGurned TO themfelves powers which the
people never put into their hands, then indeed
their continuing in Office becomes dangerous to
the ft2te, and calls for an exercife of the power
OF diGTo!ution. Such being the caufts for which
the representative body iboud, and (houd not,
be diiiolved, will IT not appear tranFe TO an I'm
baiifed obferver, that that of Great Britain
not difiolved, while thoie of the colonies have
repeatedly incurred that fentence?
But your majety, your governors, have
carried this power beyond every limit known,
or provided for, by the laws: After diGoving
one houie of representatives, they have refnfcd
to call another, 70 that, for a great length of
time, the Legislature provided by the laws has
been out OF exifeuce. From the nature of
things, every fociety muR at all times poiefs
within itfelf the fovereigr powers of leeillation.
The feelings of human nature revolt againft the
fuppoftion Of fate 70 ftuated that il may
not IN any emergency provide againft dangers
which perhaps threaten Immediate ruin. While
thofe bodies are in cxitence 70 whom the peo-
pie have delegated the powers of lrgination,
they alone poiIefs and may exercife tho(e DOW
crs; but when they are s!ifo!red by the looping
OFF one or more OF their branches, the power re-
verts to the people, who may exerCife it TO I'M
limited extent, either attending together i'm per-
Ton, Tending deputies, or in any other way they
may think proper; and the frame of govern
ment Thus dhoIved, fhouId the people take up
on them to lay he throne of your maiely prof
tYate, or TO difcontinue their connection with
the Britifh empire, none will be 70 bold as to
decide sgainff the right or the efficacy of finch
avulflon. We forbear to trace consequences
further; the dangers are contiguous with which
this prattice is replete.
That we fllall at this time alto take notice Of
an error in the nature Of land holdings, which
crept in at very early period of our fettiement.
TITS insEoanstiea of the fc,,sAi tgmEes into the
nough underitood TO fet this matter in a proper
light. In the earlier ages of the Saxon fettle-
ment ieudal holdings were certainly altogether
unknown; and very few, if any, had been intro
duced at the time of the Norman conouet. Our
Saxon anceaors held their lands, AS they did
their perfonai property, in abfolute dominion.
diiencumbered by any hyperion, anfwerine near
~ to the nature Of thofc poGefIions which the
tederaiiits term allodial. William, the Norman,
Irtt introduced that fyftem generally. The
lands which had belonged 70 tiofe who fell il,
the battle OF Hatings, and in the fubfeouent in
furreeficns of his reign, formed a comfortable
proportion ofthe lands Of the whole kingdom.
iheie he granted out, fubjea to feudal duties,
as did he alto thofe ofa great number of his new
fubjeets, who, by perfuaGons or threats, were
induced to fuIrender them for that purpoEp
But fill much was left in the hands of his Saxon
iubleets held of no hyperion, and not fubiea
TO fendal conditions. Thefe, therefore, by ex
prefs laws, enacted 70 render uniform the fyf.
TEN OF military defence were made liable TO the
fame military duties as if they had been feuds
and the Norman lawyers foon found neanst TO
faddle them ALTO with al the other feudal bur-
thens. But fin they had not been frrendered
to the king, they were not derived from his
grant, and therefore they were not holden of
him. a general principle, indeed, was introdu- !
ced, that " all lands in England were held either
mediateiy or Immediately of the CROWN" but
this was borrowed from thofe holdings, which |
were truly feudal, and only applied to Others |
for the pu,pofss OF ilIuRration. Peudal hold. |
lngs were therefore but exceptions out of the |
Saxon laws of poGeiIion, under which all lands |
were held in abfolute right. Theft, therefore, |
till form the baiis, OF groundwork, of the COM
mon law, TO prevail wherefoever the exceptions
bavc not taken place. America was not con- |
quered by William the Norman, nor its lands |
furrendered TO him, any of his fuccef;,ra. Poi.
fefiions there are undoubtedly of the alodiaI ma
ture. Our anceftorS, however who migrated hi |
ther, were laborers, not lawyers. The fictitious
principle that al lands belong originally to the |
king, they were early perfuaded TO believe real /:
and accordingly took grants OF their own lands
from the crown. And while the crown CONT |
nued to grant for fnall fums, and on rcafonable
rents there was no indlcemenf 70 sr-oa tLc nv |