Tuesday, August 1, 2023

PILLAR #3 

Private property with written titles and deeds

     Private property in Europe was reinforced in 1215 by the Magna Carta. The key was written titles and deeds. 

     Much of the world practiced an oral tradition that today's progressive (Democrat) scholars find desirable. It was not. Spoken words came down to "might makes right." 

     Into the 1700s, English and colonial government could seize property for almost any reason. The need: Written titles and deeds would provide security and leverage to obtain loans. Without clear proof ownership, land could not be transferred or used as collateral for loans. 

     Our founders codified written titles and deeds into law even before the U.S. Constitution. He writes, "I often argue that the Land Ordinance of 1785 was the most important law in American history. It set up a system of surveys and sales of public lands." Thomas Jefferson wanted all government land moved into private hands as soon as possible. Didn't happen. 

     Pioneers' general attitude was, "No one's gonna tell me where I kin settle." This was a challenge to the founders, because pillar #2 said, in essence, "The people know what they are doing." Founders decided to accommodate those who settled outside the survey through a new law best known as "squatter's rights." 

     The second most important law in American history also came before the Constitution, the Northwest Ordinance of 1787. It created territories now comprising Ohio, Michigan, Indiana, Illinois and Wisconsin. It provided gradual growth leading to requests for entering the Union.

     Slavery was prohibited in the Northwest Territory. Since the words slave or slavery did not appear in the U.S. Constitution drafted two years later, it presumed that all future U.S. territorial expansion would be free. 

Last: PILLAR #4, Free market economy.



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