Consent Law Quotes
Sealed under duress and later repudiated by the King with Papal assistance. This clause was particularly interesting in that almost all freedoms have expanded from the Magna Carta in modern democracies. However in this one there was an absolute direct prohibition against the King—the State—taking private property without the owners consent. In modern democracies the right is not as strong as the original. The state, if it needs the property, wood or whatever, and the owner refuses to give it or sell it to the state, the government can condemn the property but must pay the owner the fair market value of the property seized. As a practical matter, the kings of England paid little or no heed to this clause. One of the sources of conflict between the English Royal Navy and the American Colonists was the practice of Naval agents finding tall straight trees, good for the main mast of a ship, and marking it thereby prohibiting the property owner of cutting down that tree until the Crown sent a crew to fell the tree and take it for ship building. They paid no attention to Aticle 31 whatsoever.
This was passed in 1787 before the Constitution had become operative, but was then ratified by Congress in 1789. It was one of the first acts of our new nation, and one of the most frequently violated throughout our history.
The intentions of the Founding Fathers towards the Indians was decent, respectful, and well intentioned. However, there was not enough of a system of enforcement or the will to enforce when the greed of the average whites grew too great. Many settlers saw these vast lands and could not see any harm in using a few acres for their farm. And if there had been only a few, there would have been little trouble. However, the settlers kept coming and coming and soon the Indians began to push back. In a sense, it was a class problem. The members of the Continental Congress who wrote the Northwest Ordinance were educated, affluent men who had plenty of land. Most of the men who contested for the Indian lands had little land or were newly affluent and saw few limits to America.
