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, disencumbered with any superior, answering nearly to the
nature of those possessions which the Feudalists 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 all 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, indeed, 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 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, how