The United States of America, Part 1 by Edwin Erle Sparks
page 55 of 357 (15%)
page 55 of 357 (15%)
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States. They seek to guarantee the rights of the individual against
the encroachments of the Government; to embody the principles which the English barons secured at Runnymede; to secure the inheritances left to the English-speaking people by Hampden and Pym. Although many of the early State Constitutions contained a guarantee of religious freedom, _habeas corpus_, trial by jury, rights to property, and regard for contracts, as has just been stated, these principles had not been expressed in the Articles of Confederation and the General Government was not bound in any manner to grant them in the western territory. But their incorporation in the ordinance gave assurance that their benefits were not to be confined to the original States. Equally important is the clause providing for equal division of the property of people dying intestate. This first legislation of the National Government on the subject of real property dealt a death-blow to primogeniture, and to the last of the inherited feudal customs of the Middle Ages. It prevented the accumulation of large estates, and insured the individual ownership of thousands of homes. No system of foreign landlordism was possible under it. The people were to become their own lords paramount of all socage lands. Quit-rents were to be converted into bank accounts. The individual title derived from the National Government involves all the elements necessary for a transfer of the soil. Indeed, this principle of the Ordinance of 1787 not only became a pattern for future State Constitutions, but reacted in similar provisions for those already created. Another clause of the ordinance has often been the subject of eulogy. "Religion, morality, and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall for ever be encouraged." Yet this is simply the statement of a principle |
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