Treatise
This fantastic and majestic political building, which our forefathers constructed with their lives and sacred honor, has fallen into disuse and now sits empty. When it was new, it was the most beautiful mansion in the world. There was nothing else like it for it was built on a foundation called the "common law." The walls were shaped in liberty by a unique arrangement referred to as the separation of powers and its roof was made of transparent material to let in the light of the Law. So all encompassing that it is adaptable to any people regardless of color, race, creed or religion.
It didn't crumble overnight. What took place was the result of a delusion for people would never give up liberty knowingly - only through deception. Gradually the deceptive rot took hold and, one by one, the citizens of the house called a "Republic" moved out for a third rate structure called a "democracy."
Napoleon said; "History is a fable agreed upon," because he knew that history repeats itself, especially when the history lessons have not been learned or remembered. Thus our history lessons have fallen into disrepair. Our forefathers founded this nation because they believed they had a God-given Right to walk away from enslavement to the King. Yet, the very bondage they walked away from has opened the door for the most subtle slavery this world has ever known. So subtle is this slavery that the citizens are entrapped by their own ignorance through offers of enticements called economic benefits. Acceptance of these benefits sets into operation rules and laws that operate outside the Constitution and thus we have the largest and most unmanageable bureaucracy that has ever existed. A bureaucracy bogged in debt because it has taught its people that government is the provider and problem solver instead of "one people," the subjects that used to live in that special mansion known as the Republic, lighted in Law.
The peoples freedom has been lost more because of what they haven't done than what they have done. In the pages that follow, you are going to discover why you are an economic slave and what you can do about the U.S. of A. the Republic. Yes, you can move back into that mansion known as the Republic for that is what this treatise is about, finding your key to liberty. Always remember that you are the only one that can take back your liberty. No one else can do it for you. You can and you must act independently of the masses. You and the Law are capable of awesome accomplishments in liberty. That is why Thomas Jefferson's statement in the Declaration of Independence is as important today as it was in 1776,
"... it is their [your] right, it is their [your] duty ... to provide new guards for their [your] future security. ... and such is now the necessity which constrains them [you] to alter their [your] former systems of government."
One man with the Law is a majority.
Divine Right Of Kings
Human enslavement has taken all sorts of forms since the beginning of time. The most insidious form is when one individual, such as a king, claims that God gave him the right of enslavement. This is called The Divine Right of Kings. At the root of this assumed right is basic feudal slavery. The divine right the King of England claimed was the right to have absolute authority over every one of his subjects so they could not leave his political-religious jurisdiction. That is, the king's subjects did not have the right to expatriate, according to his assumed divine right over them.
The American Revolution of 1776 was the result of individuals who believed that the King did not have the right to prevent the people from leaving his political-religious jurisdiction. The Revolution was fought over liberty of choice. Our Constitution is the political document that resulted from that struggle and it guarantees our liberty to choose the political domain we want to be controlled by without compelled performance. Therefore, if we want to move from one political jurisdiction to another, we are guaranteed that right - called expatriation. We are guaranteed the right to change our political territory any time we desire.
Few are aware today that their political choice has been made for them, and it is a political choice that has taken away their absolute rights under the Constitution and its first ten Amendments, the Bill of Rights. They are unaware that they were given at birth an economic privilege of an alternative political domain - allowed by the Constitution, but operating outside of it. An alternative domain that operates with the same Divine Right of Kings as did the King of England. Thus, the Constitution is operating in an economic capacity rather than a political one.
When we ponder why our nation is in the midst of an economic crisis like we have never seen before, we cannot understand it is the result of our ignorance. Ignorance of how our silence has given our federal government and its political subdivisions (called "States") permission to tax its people without representation and confiscate their property when they do not go along with the Codes and laws - especially the tax laws. Ignorance that has allowed our federal government and its political subdivisions to compel us to perform to laws that are destroying our business by exacting a fee - like a protection racket - for what should be a right.
Instead, our absolute rights are now relative privileges, handed out like food in a concentration camp. Instead of being able to stand as an individual for what you believe, every special interest group has become our conscience. Laws and Codes by the hundreds are feudalizing the will to produce from the soul of each person by making him pay for the failures, inefficiency and greed of others - called limited liability. And still more laws are teaching citizens of all ages that someone else - Uncle Sam - is responsible for us from cradle to grave.
Communalism Raises Its Ugly Head
The world has always been filled with people with good intentions. Unfortunately, it seems that the majority of those well-intentioned individuals end up trying to convince the rest that their idea is the best. The extreme in some countries results in a dictator, while in the United States there developed democracy with its ever present special interest groups dictating the conscience of the masses. Yes, more problems are caused when good intentions become compelled performance. As many are aware, "the road to hell is paved with good intentions." The result is always a loss of individual liberty of conscience.
In the beginning, America was a free Republic with vast unsettled wilderness open for anybody who had the courage to take up its challenges. Thus, America became the melting pot for religious and social ideals and experiments. Of the many social theories espoused throughout Europe then, there were three theories that fit the mold for America, all three were communatarian (communistic) in nature. The first communatarian idea was set up by the religious sects made familiar by the Puritans, Quakers, Shakers, Rappites,/1Zorities, etc.. The second communatarian idea was established by Robert Owen of Great Britain who was born in 1771, and the third communatarian idea was of Charles Fourier of France who was born in 1772. Both Owen and Fourier experienced the vast upheavals that accompanied the French Revolution from the onslaughts of Napoleon. As a result of the slaughter, Owen and Fourier came up with communatarian plans to transform the crises-warped society of the 19th century into a more humane order.
In 1812, Robert Owen published a paper titled: "A New View of Society".
His treatise discussed the formation of the human character, and he proposed ways of changing society from what he called the poor working classes:
"... the society of the poor were trained to commit crimes' the later resulting in punishment. The rest of the population was instructed to believe, or at least to acknowledge, that certain principles are unerringly true, but to act as though they were grossly false. The result was filling the world with folly and inconsistency making society a scene of insincerity and counter action. In this state the world has continued to the present time; its evils have been and are continually increasing and if we longer delay, general disorder must ensue."
Owen suggested that the governing powers of all countries should establish rational plans for the education and general formation of the characters of their subjects. Plans must be devised to train children, which would be taken from their parents at the age of two years, to prevent them from acquiring false-hoods and deception, and their labor must be usefully directed upon the communatarian view rather than the individual. One of his favorite phrases was "train the young collectively."
Owen deplored private property and he blamed the world's problems of ignorance and selfishness on it. He also disliked commercial competition. "It creates civil warfare, it exploits the many and gives to a few favorable individuals which is injurious to the mass."Owen said, "Without equality of condition, there can be no permanent virtue or stability of society." Owen laid plans for Associations of All Classes of All Nations with a purpose of "founding as soon as possible, communities of United Interest." Owen wanted to terminate the distinction between the rich and the poor, thereby creating a millennium. Owen proposed not only a national system of education, but also public works projects designed to guard the unemployed against the mis-educative effects of enforced idleness. He was determined to set up a commune he envisioned, and he decided America was the ideal location.
Owen's ideas were put to the test when he established his commune called "New Harmony" in 1825. In a letter to a Quaker leader, William Allen, Owen reveals more of his ideals.
"The United States, but particularly the States west of the Allegheny Mountains, have been prepared in the most remarkable manner for the New System. The principle of union & cooperation for the promotion of all virtues & for the creation of wealth is now universally admitted, to be far superior to the individual selfish system & all seem prepared or are rapidly preparing to give up the latter & adopt the former. In fact, the whole of this country is ready to commence a new empire upon the principle of public property & discard private property & the uncharitable notion that man can form his own character as the foundation & root of all evil." Owen had a lot of problems from the start. A major problem was poor production. The low level of production was caused by the lack of trained and competent foreman, supervisors and skilled craftsmen. His plan for equality was failing from the start because those who were trained could go work in the open market and receive more pay. The first Constitution that was drawn was short lived because of a crisis of morale. The land of milk and honey that Owen promised did not materialize. Equality for all was running into trouble.
"No one is to be favored above the rest as all are to be in a state of perfect equality,"
wrote a wife of one of the members of the society, but she said;
"Oh if you could see some of the rough uncouth creatures here, I think you would find it rather hard to look upon them exactly in the light of brothers and sisters ... I am sure I cannot sincerely look upon these as my equals and that if I must appear to do it, I cannot either act or speak the truth."
Social distinctions and religious differences had never been as sharp as they became in the months following this brief experiment in forced and premature social unity. As the problems mounted, Owen and the people disbanded one Constitution and drew up a new Constitution.
In April, 1827; the New Harmony experiment came to a end. However, Owen's influence in communatarianism continued to spread from the east as far west as Texas .
In addition to Robert Owen's ideas, Charles Fourier was developing and spreading similar concepts. Fourier differed from Owen in that the former believed in religion and private property,/ 2 where the latter had an opposite view.
Fourier's work was largely conditioned by an unfortunate event that took place early in his otherwise uneventful life. His father, a wealthy merchant, died and left a fortune of nearly a quarter of a million francs. However, the whole of Fourier's inheritance was lost in the French Revolution. Because of this event, he set himself to invent system of society that would prevent the recurrence of revolution, preserve his own petit-bourgeois class, and abolish the appalling conditions of labor prevalent everywhere. (Has a familiar "New World Order" feel)
Charles Fourier never set a foot upon American soil, but his theories did. Albert Brisbane was a young American of liberal education and at the age of eighteen, he went to Europe to study social philosophy. Eventually Brisbane found what he was looking for in Fourier's treatise on "Association,"/ 3 and he promoted Charles Fourier's ideas and wrote extensively upon the subject.
However, if we can organize the townships rightly, so that unity of interests, concert of action, vast economics and general riches will be attained, that in spreading these rightly organized Townships, and rendering them general, a Social Order will be gradually established, in which peace, prosperity and happiness will be secured to all. The great and primary object which we have in view is, consequently, to effect the establishment of one Association, which will exhibit practically the great economics, the riches, the order and unity of the system, and serve as a model for, and lead to the founding of others.
Even though there were other social experimenters, Owen and Fourier had the greatest influence on the leaders of the U.S.A. and the corporate special interest groups. This influence figured heavily in the formation of the Limited Liability Act of 1851, the Civil Rights Act of 1866, and the 14th Amendment of 1868. It was these legislative Acts that opened the door of the house called Democracy/4 that everyone moved into by ignorance.
Democracy and Communism
It is interesting to note that Karl Marx and Friedrich Engles were devoted students of Robert Owen. Communism of the Bolsheviks was nothing new. It was incubating and maturing in non-violent form right here in the (u)nited States of America almost 100 years before Russia ever knew about it.
Today communism is believed to have been defeated as the world has turned to democracy. However, is there any difference? In the case of Smith v Allwright,/5 the courts said, "the United States is a constitutional democracy." In other words, the court said the United States (as distinguished from the (u)nited States of America, a Republic) is a democracy that is allowed by the Constitution, but operating outside of it.
This court case is substantiated by the following:
"What is futile is to puzzle ourselves as to whether the American or Russian use of `democracy' is the true or correct one." /6
"... the first step in the revolution by the working class, is to raise the proletariat to the position of ruling class, to win the battle for democracy." /7
"A government of Russia could not terminate its existence either by dissolution or by merger, for it was a corporation formed under our laws, and its corporate life continued until the law of its creation declared that it should end." /8
Here we see the real meaning of democracy and its communal governing system. A democracy is the opposite of a republic. More on this latter. However remember, unknowingly you have been participating in a communal government to the loss of absolute liberty, but it can be restored!
Private Law And Public Municipal Law
Let's understand the meaning of private law versus public municipal law. Private law, also called non-positive law and local law, is a term that is used to describe the principles and regulations that an individual uses to direct his or her own life. It is also called the "law of conscience." That is, it is your personal philosophical and religious belief system that you use to control your own life and decisions. For example, if you state that you believe that abortions are not proper, then you are verbalizing a part of your private law. If you express that you believe that it is not proper for you to own a gun, then you are again expressing a part of your private law.
Private law's only area of function outside your own conscience is in the area of contracts. In other words, a person will always use his personal principles of conscience in negotiating any agreement with another individual. An example of this would be the merchant who works out a contract with a company to provide items for sale in a store he owns. His reason for contracting with this particular company is because he believes the items they manufacture should be in every household for health reasons. The merchant's personal beliefs or conscience are involved in this contract as in any contract.
Private law operates outside of the Constitution under the rights of private contract as stipulated in Article I, Section 10.Article I, in its entirety, expresses all the private law that is allowed in the operation of government of the several states of the union. Section 8 and clause 17 of this Article states that any other private law that is necessary for operation of government for the commercial benefit of the several states of the union can be legislated. It must be remembered that Article I is not entirely private law. There is some public municipal law there. This public municipal law is for the establishment of public services for private benefit, i.e., "Post Roads and Post Offices," and the Public Laws of Obligation of Contracts, etc..
It must be understood that private law, as referred to in the Constitution, operated in the private sector as a part of negotiating bilateral contracts. Private law was never meant to operate in the public sector as a basis for controlling public policy. Our founders made that very clear. In the next section on Roman civil law you will be shown how private law was made into public policy by entrapment to produce compelled performance.
Public municipal law (also referred to as positive law and general law in contrast to private law) is the _expression of all the laws that limit government and maintain the separation of powers of the "states in this union." /9Public municipal law is an _expression of the people limiting government for their own personal benefit and liberty. Remember, the people are the government. What powers the people do not delegate for the administration of government are kept by them. The Public Laws are laws that assure the people of maintaining their private rights of bilateral contracts separate from any government intervention. The only time that public municipal law is used actively for private purposes, in a legal sense, is when a private right has been violated and the public municipal law is used in the court to address the wrong and correct it.
"The individual may stand upon his constitutional rights as a citizen. He is entitled to carry on his own private business in his own way. His power to contract is unlimited. He owes no duty to the State or to his neighbors to divulge his business, or to open his doors to an investigation, so far as it may tend to incriminate him. He owes no such duty to the State, since he receives nothing there-from, beyond the protection of his life and property. His rights are such as existed by the law of the land long antecedent to the organization of the State. ... He owes nothing to the public so long as he does not trespass upon their rights." /As early as 1782, Jefferson told Monroe that it was ridiculous to suppose that a man should surrender himself to the state. This would be slavery, and not the liberty which the Bill of Rights has made inviolable, and for the preservation of which our government has been changed.
[Changed from the Roman civil law to the Common Civil Law/ 11 - see section on Roman Civil Law.]
Jefferson continued and said that liberty would be destroyed anytime there is,
".... the establishment of the opinion that the state has a perpetual right to the services of all its members." /12
The term "that liberty" to which Jefferson refers is Public Law for private purposes and "that liberty" is self-evident and comes before the State and is opposite to "the Blessings of Liberty " in the preamble of the Constitution - which is commercial./ 13
Roman Civil Law
Those who have studied U.S. History from the traditional standpoint do not realize there is a lot more to U.S. History. There is probably more about the history of the (u)nited States of America /14 that you have not been told than what you have been told. Take for example our federal government. The provisions for setting it into operation were written into the Constitution, but its present look and function are a far cry from what our founding fathers intended. What has happened to make such a difference from the original intent? In world history, religion has always been a key center for accumulating wealth while ignorance and superstition promote religion. Religion has been used by everyone from Kingly dictators to preachers to persuade people to give up everything from gold and land to their own lives. Wealth meant power and the power to get wealth was religion. The Roman Church discovered this early and became a "storehouse" for the money and property the people were persuaded to give in exchange for limited liability - go directly to heaven instead of hell. As the people became more educated and saw what was really behind the power of religion, the Roman Church fell under greater and greater criticism. This led to the development of a banking system to handle and control church wealth and take the critical focus of the church. In a nutshell, this was how the church's influence has always figured so heavily in the administration and control of world politics. The bank learned from the church about limited liability. If you could get people to borrow money beyond their ability to pay back, you could get them to keep performing on the debt (liability) without ever demanding it back, thereby, loaning out that same credit to more than one individual or company. This meant that the bank was limiting the liability of the borrower so he was not fully responsible for the debt as long as he continued to perform by paying the interest. This way real money (gold) became credit (paper money) by loaning to more than one person. Being involved in this sort of commerce was called "private commerce." With the churches control over wealth, this private commerce became standard practice in world trade upon the sea - private international or admiralty/maritime law became known as Roman civil law as it began to figure heavily in the politics of every city and country it touched through international commerce.
Among the many things that were important to our fore-fathers, the one thing that stood out was to establish a government free of any relationship or influence of the private Roman civil law operating in and controlling public policy. It was the oppression of the Roman civil law, as the king and parliament dictated, that was at the foundation for seeking expatriation from England under the king's assumed divine right. The Roman civil law (also referred to as "admiralty-maritime law"/ 15 or the "law of the sea" as well as "private international law") was the result of private church law operating for commercial purposes in the public sector. The amalgamation of church law and civil government was derived from three ingredients; Greece, Rome and Christianity. The political theory derived from the first two of these ingredients was tempered to accommodate the third. Its originators and apologists were the first Christian Emperor, Constantine, and the first historian of the Christian Church, Eusebius of Caesarea. Through his writings, Eusebius had once and for all established the new way to interpret history, and his followers applied the same political philosophy for over 1000 years.
Starting with Constantine , religious belief had come to be as important, for the state, as religious practice. Constantine was, among other things, a "teacher of knowledge about God." The unity of a threatened empire was seen to depend on a unity of religious belief among its subjects. So it was that in a theocratic society it was increasingly hard to be sure where things temporal ended and things spiritual began.
"Where a necessary qualification for citizenship was Orthodoxy in religious belief, it was natural that the canons of the church councils which had defined that belief should also be the law of the land. Justinian had decreed that `the canons of the first four councils of the church ... should have the status of law. For we accept as holy writ the dogmas of those councils and guard their canons as laws.' .... But some emperors thought themselves empowered to do likewise and to legislate on ecclesiastical or even doctrinal matters. Hence there came into existence the collections known as nomocannones in which the laws of the church and the laws of the state were set down side by side and compared, though the former always precede the latter ... The nomocanones and the commentaries of the canonists advertised the fact that church and state went together. The two were interdependent and it was generally believed that the one could not exist without the other ... In the last and apparently hopeless years of the empire's existence, there were various schools of thought about what had gone wrong. By far the most prevalent explanation was that God was punishing the people for their sins. This was the favorite theme of sermons in the fourteenth and fifteenth centuries ... The only hope of salvation lay in a return to the faith and practice of the pure, unadulterated Orthodox faith ..." /16
Yes, history is being repeated even now as you read this. Guilt and self righteousness compels the alteration of public policy in more bizarre ways by the pressure of the special interest groups of the trust - and the inquisition is being repeated.
Church law first got involved with commercial ventures when the Roman Church started funding the Roman Army during the time they were fighting Greece. From there it was an easy transition to becoming directly involved in the civil government of Rome and then converting the Roman Empire, what was left of it, into their own commercial state. When the Roman Church set up their own state they became a commercial enterprise. It was from that point on that Church law, controlling civil government, became known as Roman civil law.
In simple terms, Roman civil law is a perversion of private law. That is, the conscience of private law was never meant to operate in forming public policy of government. Private law was always a part of establishing bilateral contracts and could be used in government only for setting up private commercial relations between government and corporations called "licenses." But the conscience of private law could never operate without bilateral contracts unless it was through a trust.
With the spread of commerce, the church's influence and wealth grew. Around 596 A.D., Pope Gregory began a process of moving Roman civil law into England. Up until that time it had not been a part of the English economy, but Pope Gregory was determined to have his inspiration of Roman law and economy supreme there.
He [Pope Gregory] was inspired with the idea of converting England not to Christianity, [for the British branch of the Catholic Church was already there] - but to the discipline of Rome. /17
Moving Roman civil law into England was strictly using a commercial venture of the mercantile Church to take over the economy and the country and enslave its people to the private or conscience law of the Church. It was the authority and conscience of the Roman Church that dictated the Statutes, Codes and laws through the King and Parliament for controlling human behavior that resulted in the best economic and commercial advantage for the Church. Anyone who was not controlled by Roman civil law at that time was considered to be pagan. That is, if you were operating free of the Roman civil law - under the common law - you were a heathen as far as the Roman Church was concerned. It was their intent to enslave everyone possible to the Roman civil law for a commercial advantage. By the way, this Roman civil law was referred to as "Black Letter Law." /18
To see how this law is acknowledged, look up the books in which your state's Constitution and Statutes are published. What many have found is that the titles to the first volumes, that cover the Declaration of Independence and the U.S. Constitution and the state's Constitution, are printed differently than the titles to the volumes that cover the consolidated Statutes and Codes of the state. We are aware that in many states (possibly all) you will find the titles to the volumes that begin the state Statutes will be printed in black gothic letters. This confirms the fact the "black letter law" - Roman civil law - is the basis of state Statutes that dictate public municipal policy via private laws of the trust. It was this Roman civil law that had taken over all Europe and England and our founding fathers wanted nothing of it in the "commercial law system of the American states." It represented to them the most insidious form of slavery of both body and mind, that is, slavery by entrapment through one-sided or implied contracts the individual never was aware he was getting into until he was hit with compelled performance.
Thomas Jefferson expressed this disdain of Roman civil law being introduced into English common law in 1760 by Lord Mansfield./19 In fact, it was this decision that sparked the American revolution. After this date, Jefferson wanted nothing to do with the common law of England because of the way it had been polluted with Roman civil (ecclesiastical) law by Mansfield./ 20
In a letter to Dr. Thomas Cooper in 1814, Jefferson goes into minute detail to show how the private ecclesiastical law [Roman civil law] got mixed with the common law of England. He outlines the fact that the common law was in England 200 years before Christianity. In describing when Christianity was possibly included into the common law, Jefferson said:
"If it ever was adopted, therefore, into the common law, it must have been between the introduction of Christianity and the date of the Magna Carta. But of the law of this period we have a tolerable collection by Lambard and Wilkins, ... But none of these adopt Christianity as a part of the common law."/ 21
Yet the common law of England did become polluted with the compelled performance of private church law and Jefferson's understanding of the problem marked out the path for the new commercial system of the American states to be protected from the slavery of ecclesiastical authority dictating public commercial law ( policy).
In truth, the alliance between Church and State in England has never made their judges accomplices in the frauds of the clergy; and even bolder than they are. For instead of being contented with these four surreptitious chapters of Exodus, they have taken the whole leap, and declared at once that the whole Bible and Testament in a lump, make a part of the common law; ... And thus they incorporate into the English code, laws made for Jews alone, and the precepts of the Gospel, intended by their benevolent Author as obligatory only for their conscience; and they arm the whole with the coercions of municipal law. In doing this, too, they have not even used the Connecticut caution of declaring, as is done in their blue laws, that the laws of God shall be the laws of their land, except where their own contradict them;/ 22
Unfortunately, because Jefferson saw the tyranny of private ecclesiastical law dictating public commercial policy and compelled performance, he was attacked by the "do gooders" as being a heretic. In reality, he saw so clearly the need for separation of powers and how Public Law would be vital for private use to protect individual rights of the minority. Thus he stood vehemently on the ground that private law has absolutely no place in dictating, public policy. Those who opposed his views totally missed his solid Christian principles based on liberty of conscience."The common law protects both opinions [both his and theirs], but enacts neither into law." Those that did not thoroughly understand this were the first to promote their private conscience (religious) opinions into Public Law (policy) - the rope of compelled performance hanging us today.
"All honor to Jefferson - to the man who, in the concrete pressure of a struggle for national independence by a single people, had the coolness, forecast, and capacity to introduce into a merely revolutionary document, an abstract truth, and so to embalm it there, that today and in all coming days, it shall be a rebuke and a stumbling block to the very harbingers of reappearing tyranny and oppression." /23
One of the most important aspects of the common law before 1760 was that it did not recognize unilateral contracts where there was no full disclosure and no meeting of the minds. The right to the private law of contracting was basic to the common law. However, those common law contracts always meant that all parties involved understood all the facts and clauses and all parties had to agree by endorsement in order for the contract to be valid. Everything was spelled out. No hidden implications or strings attached.
Roman civil law relies entirely on unilateral or implied contracts. This is where one party agrees by the simple act of accepting a benefit(s) the civil government has to offer. In other words, the individual has something offered to him that he accepts - usually an economic or mercantile benefit. The act of acceptance, with or without a signature of acceptance, comes with strings of compelled performance attached. This is because the very act of voluntary acceptance (by your silence) implied your endorsement. The implied endorsement creates a constructive trust/ 24 arrangement with the civil government for your assumed benefit. This means the trust becomes the third party who can dictate the Statutes, Codes and laws by its legislature and we are compelled to align our lives with them, because of our silent volunteering. After accepting some benefit under Roman civil law and you discover the hidden strings that you do not like, too bad, you are bound to perform or suffer the consequence of those holding the strings. If you wrong the trust that you are involved with, you are assumed guilty and the burden of proof is up to you to clear yourself. Your job, under the Roman civil law, is to jump even when you didn't have to. Their job - the civil administrator and their courts - is to tell you how high. The Roman civil law is a perversion of private conscience law because it is placing the private conscience of one or a few over the private consciences of the masses. And it is done without full disclosure of bilateral contracts. This allows government to always become a superior entity to the citizen by binding him in constructive trust arrangements. This is why there is no separation of power, only one power and that is government. The people are subservient because they are involved in a constructive trust that controls their conscience and they are not even aware of it.
Take a look at the illustration of "The Great Seal Of The State Of California." This seal is a dramatic representation of how the Roman civil law is the basis of the franchise of the "several states of the union" granted by the people of the Republic. Each state has its own corporate seal and most use much of the same symbolism. Remember, under Roman civil law the corporate state is a diocese of the National Church of the 14th Amendment trust.
Note first the seal contains a woman seated on a rock wearing a Roman military uniform holding both a shield and spear. This woman is the Goddess Minerva/ 25 from Roman mythology. This represents the authority of the Roman civil law founded on the rock (church) of private law of the woman (or law of changing conscience or "e-motion" that is not absolute law), the mother of all private law. The shield itself has the indications of Roman symbols denoting further private authority in the public sector. Across the top are 31 stars that represent the 31 states in existence at the time California was incorporated as a state. This also shows the relationship with the other "several states of the union" who also based their civil law from the Roman law. The word: "eureka" means: "I've found it." It was an _expression that has been said to have originated with Archimedes, a Greek mathematician and physicist. He used the _expression when he discovered a method of detecting the amount of alloy mixed with the gold in the crown of the king of Syracuse . Archimedes also invented the Archimedean screw or "water snail" which, when rotated, would move water uphill. Because of the symbolism of the seal, it most likely represents the moving of the law of the sea [admiralty/maritime law] uphill and over to dominate the substance of the law we know as the land. Also it could be saying the same thing by expressing the fact that the substance of absolute law - gold/real property - is taken over by the emotion of private law. Note also the sailing ships in the water. This represents the law of the sea [admiralty/maritime law] as the vehicle for private commercial Roman civil law in the state. In the left lower area of the seal is a miner digging and behind him is a sluice box. This represents the labor and industrial control by the private Roman civil law. There is also grain in the foreground as a symbol of the control of the land and its substance called "food." The bear represents the fact that the Republic is still there - the California Republic is called the "Bear Republic ."
Federalism
There is no doubt about it! There is an economic advantage to individuals cooperating for business purposes and our founders recognized that fact. What they did not want was the compelled performance of entrapment by the implied contracts under the private Roman civil law operating within and between the states. Theirs was to be civil law based on the principles of the general common law/26 and its full disclosure bilateral contracts. It thus became referred to as: "System of commercial law in the American states."/ 27 Under our unique type of law, the government was to have no direct contact with the people - unlike the Roman civil law. The federal government was there basically to oversee the economic cooperation between the several states of the union - who were foreign to each other - to provide for their common defense and to work out the commercial business of the several states of the union as they relate to each other and world trade, this being based on public municipal law not private law.
The common law principles that our forefathers brought with them were the basis of public municipal law. This means the laws are bilateral in nature based on a two party agreement where there is a meeting of the minds with full disclosure. Nothing is implied or hidden where one could be entrapped into compelled performance by a third party trust. The public municipal law was law that did not allow the private commercial government to have any relationship with the individual citizen and his right of contract. This was true separation of power.
~Private law, which the Roman civil law thrived on, was conscience law of one "person" (trust) over another without their knowing how it happened. There was no liberty of choice as to its terms. The terms of the contract or agreement (also called an offer) are always based on the personal beliefs of the Roman civil government. The offer is always unilateral where your acceptance is totally signified by your silence. Everything the individual got involved in under Roman civil law had implications that obligated him or her because of benefits being accepted by continued silence. There were always strings attached that were considered a benefit. The agreement never has definite limits. What is agreed on is only implied or constructed upon the circumstances. The implications of a unilateral offer and acceptance would always create a third party constructive or implied trust. This trust, being the third party, was always there to oversee and to exact what it thought it was due through compelled performance to the rules of the private trust that bound the persons who had private business dealings. There is no separation of powers. In other words, there is no way to have a true bilateral general common law contractual relationship because of the government having you in a trust relationship making your position inferior, not superior. You become the trust and therefore part of the government, while at the same time, the government becomes you and part of the trust. You end up being your own enforcer as a volunteer. This is why the IRS keeps telling you that taxes are voluntary. Your identity is lost in the trust relationship due to purely moral ideas developed outside the legal system (because of a movement away from Law) because it finds its chief reliance is on the power of the magistrate.
In order to have a separation of powers, each power must have and keep a separate and distinct identity. That is, the people function as sovereigns. The government operates only by the powers the people, as sovereigns allow, and those powers - Public Law for private use - protects the identity of the people apart from the civil government. Roman civil law does not allow this.
The federal government that was set up in the beginning was public commercial law, but it was based entirely on public municipal law for private use. The federal government had no direct contact with the people because the people had not contracted away their Law and its separation of powers into a constructive trust of private conscience. The state is forbidden to interfere with the peoples lives by the constitutional mandate of Article I, Section 10 which refers to there being no "Law impairing the Obligation of Contracts." The individual owed nothing to the state, thus the state could not interfere with personal and individual contracts between individuals. Federalism, without Roman civil law as its base (public federalism ), could not come into Intervene with private contracts between two parties. However, when federalism is based on Roman civil law (private federalism), where both your identity and the government's are confused by the constructive trust arrangement, they are constantly a part of the contracts - they are the administrators of your conscience via the charitable trust. Under the Roman civil law, you are considered an incompetent [unable to handle your private affairs] so the trust is involved as a third party in all your private business affairs.
Under public federalism in the beginning, business and economic associations were formed for various advantages. There was no compelled performance because all relationships were based on bilateral contracts with full disclosure and understanding by the parties involved. When a dispute arose between parties in a state, the courts ruled on the contract pure and simple - no Codes involved, no implications to be explored. Likewise, when disputes arose between parties from different states, then the federal courts were the referees for helping solve the problem and the ruling was upon the contract (with jury assistance if demanded) without Codes, Regulations or revised Statutes drummed up by a third party overseer.
So in contrast today, the substance of private federalism is purely the private law or conscience of a private charitable trust - private Roman civil law of the 14th Amendment with vested interest called "government" - moved into the public arena by voluntary ( silent) acceptance of 51% of the population./ 28 Anytime a civil relationship is established, it is based on implied and indefinite trust principles. The result is a government that has created a third party administrative bureaucracy that spends its time making and readjusting Codes and revised Statutes that dictate public policy. This is in order to continue the compelled performance of the citizen (beneficiary) to service the public debt and thus promote the economic benefits of the government trust. The federal government has become a massive public charitable trust which is using in excess of 2000% of every dollar for administration and the "ship of state" is not staying afloat.
In fact feudalism (private federalism) is apt to appear whenever the strain of preserving a relatively large political unit proves to be beyond the economic and psychic resources of a society. /29
"I can ... fight this Frankenstein which the New Deal has created and which is rapidly gobbling up every vestige of right which the people have and enjoy today ... . I feel it necessary that the Congress take some steps against this bureaucratic invasion, not only of the people's rights, but of the right of Congress and of every other legislative and judicial branch of our Government. ... You are reducing them [the American people] to the status of a serf."/ 30
Take a look at the Titles Of United States Code. The last time we looked, there were at least fifty different Titles. Of the fifty, only twenty-two are public municipal law for private purposes. The rest are simply private law. That's right! Private law that has destroyed individualism and the family unit, creativity and the individual incentive to produce. Private law that has siphoned off all the wealth and natural resources of the wealthiest nation in the world, all for assumed economic benefit. What a shame?
Two Federalisms
The United States Constitution starts out: "We the people of the United States." This phrase in referring to laws the commercial government of the United States used to assure a "commercial law system in the American states," without operation of Roman civil law, except anywhere the tide ebbed and flowed. That is, the Roman civil law was left to operate where it always had, as a part of the admiralty-maritime law of the sea in the seaports.
Only the individual, as "one people" - declared in the Declaration of Independence - has the power to determine a Republican form of government as stated in Article IV, Section 4 of the Constitution by calling on Public Law for private purposes. This is why the Declaration of Independence was written first. It was the basis of the "one people" sovereignty which then set up the Constitution.
Before the beginning of the nation and the signing of the Declaration of Independence in 1776, the Roman civil law was well entrenched in the colonies. This is because it was the basis of the admiralty-maritime laws that governed commerce upon the seas internationally as well as ports of call. When our founding fathers were planning on a new nation, they understood the advantage of public commercial law for the economic benefit of the American states. However, they did not want any of that public commercial law to be adulterated with the private Roman civil law (as referred to previously ) with its unilateral contracts. Therefore, they met behind closed doors to develop a dual federalism that would assure that "commercial law in the American states" would prosper without the compelled entrapment of private Roman maritime law that would inevitably continue internationally.
Indeed, the main task was to get those old centers to surrender certain prerogative; and the effect at reassuring them led to lingering ambiguities in our use of the term "federalism." In itself, this has to do with treaties (foedera) or alliances - the neutral use at, e.g. Jefferson Papers, 1:311. But there was an emphasis, in the 1780s, on the ties that connect those under treaty - on union and united force, as in the term "federal [i.e. covenant] theology." Federalists were, therefore, thought to stand for federal power over against the states. But in explaining their position, Madison and Hamilton labored in the Federalist Papers to show the states they had noting to fear from this central (federal) power. Thus federalism has come, in modern parlance, to mean the division or dispersal of central power. Those who opposed a Bill of Rights at the Constitutional Convention - including, at first, Madison himself, who drafted and steered through the final bill - were assuming that the individual was already protected by the states' bills; that the central government could not reach the individual except through the states, which had put impenetrable barriers around individual rights. /31
Thus our forefathers clarified the "federalism" confusion by establishing two federalisms that would exist side by side. One would be the private federalism that had come in with the international trade under admiralty-maritime laws based on Roman civil law. The other would be the public federalism of the new "commercial law in the American states." This federalism would be based on the general common law and its sovereignty of the individual citizen being maintained by public laws for the private use of the individual to conduct his business by. [See Table 1. Dual Federalisms Compared]
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Table 1
DUEL FEDERALISMS COMPARED
sustained by
Erie Railroad v. Tompkins 1938.
Individual subject to
the political commerce under
the private law merchant.
sustaned by
Swift v. Tyson 1842.
Individual subject to the
civil commerce under the
public law merchant.
Public Social Security Trust.
Marine Insurance for limited
liability required under
international law -
individual is considered common
carrier - all carriers must
have insurance to cover
costs of involvement in joint
venture for profit /a
(a debt never paid.)
Negotiable Instrument Law /b
No limited liability interference.
All debt must be paid.
All business and trade over-seen.
Regulated by third party
administrative trust
who take a piece of
the action.
No third party intervention.
Article I, Section 10 in full force
for individual, i.e.,
State cannot interfere in
obligation of contract. /c
14th Amendment citizen
non 14th Amendment citizen
Private Enterprise
Choices based on what
agencies administrative
rules/code allow.
Free Enterprise
Liberty of choice in all
areas of life without
government interference.
"New World Order" actually
administrative democracy
based on Old World Order
Republican government
guaranteed to the states
as per Art. IV, Sect. 4.
"A case in admiralty does not, in fact, arise under the Constitution or Laws of the United States." American Ins. Co. v. Canter, 1 Pet. 511, 545 (1828).
Clearfield Trust Co. v. United States, 318 U.S. 363; 63 S.Ct. 573.
This includes the State of the District of Columbia,. D.C. is considered a state in international law. See Geoffrey v. U.S., 133 U.S. 258; 105 S.Ct. 295.
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The uniqueness of our Constitution allows this dual federalism. It allows the individual the liberty to function within the public laws and the separation of powers or it allows for the individual to bind himself or herself by unilateral trust contract arrangements.
Thus the word "federal" in the American states refers to the dual federalism as distinguished in, Swift v. Tyson/32 or Erie Railroad v. Thompkins. /33 We must remember the state courts handled federal questions in the beginning of the nation. As commerce between the states grew, Swift v. Tyson was designed to protect the people of the several states from the Roman civil law that was operating under admiralty jurisdiction outside the Constitution where the tide of admiralty-maritime law ebbed and flowed with international trade. The dual federalism was termed by our founders as the "New Order For The Ages." Today we hear our leaders using the term: "New World Order, " however, it is being used to create the old world order and its inquisitions under Roman civil law [based on the IRS 1040 form properly known under the government title of "Recapture Property " (Postliminy = latin for "bring home the property"]
Remember, there are two kinds of taxes, direct and indirect. Direct taxes are used to produce revenue for a constitutional government - public federalism. Indirect taxes are used for controlling human behavior and wealth.
It is wonderful how preposterously the affairs of the world are managed. We assemble parliaments and councils to have the benefit of collected wisdom, but we necessarily have, at the same time, the convenience of their collected passions, prejudices and private interests: For regulating commerce, an assembly of great men is the greatest tool on earth. - Ol' Ben Franklin strikes again
FOOTNOTES
1.
George Rapp's commune in Harmony PA. was moved to Evansville, Indiana. After a time was sold to Robert Owen, when George Rapp moved to Economy PA, just north of Pittsburgh. The physical remains of both communes have been converted to historical sites today.
2 .
Private property as meant by Fourier was in reality Quasi private (seemingly but not really) and not allodial as was established in (u)nited States of America.
3 .
"An Association is an assemblage of persons (from four to eighteen hundred) united voluntarily for the purpose of prosecuting, with order and unity, the various branches of Industry, Art and Science, in which they engage; and of directing their efforts, energies and talents, in the best way for the happiness and elevation of the whole."
4 .
"... rule by the entire adult male citizen body, known to later detractors as `ochlocracy' or mob rule." Burns, J.H., The Cambridge History of Medieval Political Thought, Cambridge University Press, 1988.
5 .
Smith v Allwright, 321 U.S. 649, 88 L.Ed. 987, 64 S.Ct. 757, 151 ALR 1110, reh den 322 U.S. 769, 88 L.Ed. 1594, 64 S.Ct. 1052.
6 .
Weldon, T.D., "The Vocabulary Of Politics," 1953. Weldon was a Fellow of the College and Tudor in Philosophy, Rhodes Scholar.
7 .
Karl Marx, "Communist Manifesto" of 1848.
8 .
Sokoloff v National City Bank of N.Y., 239 N.Y. 158, 145 N.E. 917 [1924].
9 .
Article IV, Section 4 of the Constitution of the (u)nited States of America.
10 .
Hale v Henkel, 201 US 43 (1905).
11 .
Ruling Case Law, Vol. 5, Section II, "Adoption of English Common Law in America."
12 .
Jefferson to Monroe , May 20, 1782, Jefferson Papers, IX, p. 380, Boyd Edition. Excerpt from the book "The Creation Of The American Republic," 1776-1787, (p. 610) by Gordon S. Wood, 1969.
13 .
Freytag v. C.I.R., 111 S.Ct. 2631 (1991).
14 .
The word (u)nited, as in (u)nited States of America shows that it is not a proper noun as in the original and actual use of the word, and it is not misspelled.
15 .
"A case in admiralty does not, in fact, arise under the Constitution or Laws of the United States." American Ins. Co. v Canter, 1 Pet. 511, 545 (1828).
16 .
Burns, J.H., The Cambridge History of Medieval Political Thought, Cambridge University Press, 1988, pages 65-68.
17 .
Rand, E.K., Founders Of The Middle Ages, (1928) Chapter 1.
18 .
Black Letter Law referred to the laws of servitude to the church or king. Black was representative of the unquestioned authority of the priest's dictates.
19 .
Luke v. Lyde, 2 Burr. R. 883-887.
20 .
Letter to Judge John Ryler, June 17, 1812 by Thomas Jefferson.
21 .
Letter to Dr. Thomas Cooper, February 10, 1814 titled "Christianity And The Common Law."
22 .
Ibid.
23 .
Letter - Lincoln to H.L. Pierce., 1859
24 .
A constructive trust because of inferred or presumed intent of a property owner, as distinguished from a trust based on intent, which is directly or clearly expressed. A constructive trust is a remedial device of the court of equity for taking property from one who has acquired or retained it wrongfully and vesting title in another in order to prevent unjust enrichment. It is not based on intent of the parties, but rather is created by the court in order to achieve an equitable result. This is precisely what the IRS or any other authority does. They construct a trust, based on your silence, under executive and legislative authority to prevent unjust enrichment upon its 14th Amendment beneficiaries.
25 .
"... the Goddess Minerva ... who sprung full-grown from the brain of Jupiter, typify the political birth of California, which became a state without probation as a territory." From March Fong Eu, Secretary of State.
26 .
The common law is referred to as the "general (commercial) common law" to remind readers that, in early nineteenth century usage, "common law" was a general (commercial) common law shared by the American states rather than a common law of a particular state.
27 .
Fletcher, William A., "The General Common Law and Section 34 Of The Judiciary Act Of 1789: The Example of Marine Insurance," Harvard Law Review, Vol. 97, No. 7, May 1984, page 1515.
28 .
When the people lost their law by the removal of the gold standard, they automatically were assumed to be accepting the trust relationship and its benefits. When a private charitable trust has at least 51% of population participating, it becomes a public trust.
29 .
Strayer, Joseph R., On The Medieval Origins Of The Modern State [1979].
30 .
78th Congress, 1st Session, Jan. 1, 1943 to March 1, 1943. Words of Mr. Edwin Arthur Hall on January 27th. This was the year that personal income taxes started.
31 .
Wills, Gary, Inventing America, Jefferson's Declaration of Independence, quoted from Jefferson's Commonplace Book.
32 .
Swift v. Tyson, 16 Peters 1 (1842).
33 .
Erie Railroad v. Thompkins, 304 U.S. 64.
All Rights Reserved
By: Anthony Duane Walker
Part 2 - Treatise
The 14th Amendment
We have reached the point where we must bring in the whys and wherefores of the 14th Amendment for it is the key that has unlocked the destruction of the American economy and your individual liberty. Even so, our government is still bent on exporting its principles to the world as the "New World Order." In reality, the supposed "New World Order" is not new. It is nothing more than old world order of Roman civil law in a new disguise continually making and adjusting public policy.
The 14th Amendment [purportedly] became law - private Roman civil law that is - in 1868, but the stage was set years and in some ways decades before. Of the various factors in the history of the U.S. that built the momentum to bring in the 14th Amendment, probably one of the first was that the Constitution made it plain that every citizen had the right to contract away his personal and absolute rights. That is, anyone could literally bind themselves away from the absolute rights under the "Bill of Rights" any time they wanted to by private contract. They could operate outside the Constitution by contract if they desired, because the law was theirs. However, in the opposite vein, they could walk right back into their constitutional government anytime. This was called the right of expatriation (more on this a little later).
Another factor contributing to the bringing in of the 14th Amendment had to do with both slavery and the corporations before and during the Civil War. In fact, the Civil War figures very prominently in the 14th Amendment because it was used as a cover for control maneuvers going on in the corporate back rooms of our nation - especially in the north. On the other hand, the slave issue was used as a con before, during, and after the war.
In 1851, an Act was passed called the "Limited Liability Act. " This Act provided protection for owners of ships whose cargo and/or ship was lost at sea. The ship owner and investors were required to purchase maritime insurance, so if a loss was encountered, it would be easier to deal with if the loss was spread around. From this, the inland corporations saw an opportunity to advance if, some way, they too could have the benefits of maritime limited liability operating in their behalf. They saw limited liability as a way to take more risk to advance their profits making the corporation King. Keep in mind during that time of our nation's history, the north had become the industrial center while the south had remained the agricultural center dependent on slaves as the basis of labor. Because the social issues of slavery had been making more noise, what better time to turn the problem of physical slavery into a tolerated economic slavery by bringing in the law of the sea over the land. And if a war results from the slave issue, what better way to help strengthen industry in the north than to use the stimulus of war.
By pushing the problem of slavery, the real issue of economic control by private corporate structure could be advanced unnoticed - the first phase of a "bait and switch" tactic. So with the culmination of the Civil War and the northern industrial base primed, the slaves were now free of being chattel property. At this point, corporate big brother made a calculated move. Since the freed slaves, as well as the rest of the citizenry, were ignorant of how their freedoms were maintained, it was a perfect time to activate the second part of the bait and switch maneuver. That was to set a law into motion with a lot of Congressional fanfare that appeared to assure the freed slaves that they had all the civil rights of everyone else. Thus came about the "Civil Rights Act" of 1866, which was private or non-positive law. The basic problem with the Act was that it had no jurisdiction over the slave at all, but the lawmakers sure made it look that way. You see, it was private law that only affected those who were in contractual relations with the private corporate structure of the United States government. None of the freed slaves had any type of license with the United States government so it did nothing other than play on their ignorance and made them think that it did something. It also affected few of the rest of the population for the same reason. All it ended up to be was a law that had few citizens in its jurisdiction. However, the Act had more indirect affect on the future freedoms of everyone as we look back. For those it did affect - those holding licenses or under contract (including federal employees) with the United States government - it did two primary things. First, it took away absolute property rights (in personam )./34 Second, it replaced them with personal property rights (in rem)/ 35 regardless of race. That is, the "Civil Rights Act" of 1866 moved anyone in its jurisdiction away from real property law and established them in personal property law outside the protection of the general common law and the Constitution with its separation of powers.