ePub Jefferson's Freeholders and the Politics of Ownership in the Old Dominion (Cambridge Studies on the American South) by Professor Christopher Michael Curtis in History

Review

2 of 2 people found the following review helpful. Thomas Jefferson; land legal reform; and the growth of suffrage in antebellum VirginiaBy Ronald H. ClarkThis is truly a remarkable example of outstanding historical scholarship. Particularly as to Jefferson; it highlights an aspect of his campaign for legal reform in Virginia that despite my extensive study of his activities I was not even aware of--and I am willing to bet I am not the only one. This topic is the subject of the "Renovatio" or shorter section of the book. The second and longer section ("Reformatio") focuses upon the post-Jefferson antebellum period during which Virginia was reviewing and revising its bases for voting and participating in state and local government; and in effect rejected TJ's concept of land tenure as the basis for citizenship. It is full of insights for students of Virginia history. The author provides a helpful introduction ("The Tragedy of Ownership") at the outset to orient the reader. This book is so rich in research and ideas that I can but suggest some general themes. We are fortunate; however; that this new paperback edition makes this store of research more easily available.During the revolutionary period; TJ fought an important battle regarding how land ownership should be conceptualized. He argued that Virginia was not governed by what he considered to be feudal concepts imposed upon English law as a result of the Norman conquest (the so-called "Norman Yoke"). This system created a feudal structure with the King at the top as the technical owner of all land; and able to impose conditions on those holding it . TJ rejected this and went back to the Anglo-Saxon period to argue for an "allodial" model which meant Virginians really owed their land and were free to dispose of it as they wished. TJ crossed intellectual swords with those opposing this interpretation; and it is remarkable to see how he and some other Virginians (such as Richard Bland) were able to out research and argue their British opponents. TJ also drew upon natural rights concepts articulated in the Scottish enlightenment. This concept of land ownership was obviously important to Jefferson given his desire to have a nation of independent farmers; owning their land; and able to hold government to proper limits. But this topic is ever more important; as the author explains: since the King was not the owner of colonial land; he did not have political authority over colonies like Virginia. So; TJ's research was employed in his constitutional arguments like "A Summary View of the Rights of British America" which played an important role in laying the foundation for the Revolution. Jefferson continued to argue for further reforms; including modifying inheritance practices and doing away with common law estates which allowed the dead to control dispersal of land long after they were gone. For TJ; land ownership vested political standing; without it; one was not a participating citizen.The second and longer section ("Reformatio") deals with the antebellum period after TJ's death. Here the issue became should TJ's concept of land as the basis for citizenship be replaced with a broader concept; especially given that slaves had become a major source of property and wealth which did not vest citizenship rights. What of those who had money but did not own land but leased it? This battle was fought in the Virginia constitutional convention of 1829 (which lasted four years) and in numerous legislative debates thereafter. Eventually; the impact of modern commercial society overrode the Jeffersonian concept of limiting citizenship to those who owned land. A desire to protect slavery as the Civil War approached also played an important role. The author goes into all this in great detail in 144 pages of analysis; which should be of great value to students of Virginia history and government.The research supporting the book is phenomenal. The extensive footnotes are an integral part of the analysis. Throughout; the author identifies valuable sources that can be employed for follow-up individual research. I found most of these sources (e.g.; "Revolutionary Virginia: A Documentary History"; the papers of Edmund Pendleton; and "Tucker's Blackstone") to be readily available and not particularly expensive. The author touches upon a wide variety of related issues (such as legal education; married women's property acts; and codification) that themselves are interesting; but he never loses his primary focus. So much material is packed into this volume that it requires much time (and at times patience) to absorb it. But I am not one to be unhappy when presented with an abundance of intellectual riches.