sirgonzo420
04-18-2009, 01:04 PM
Please read this if you want to be Free.
I understand that it is a lot of reading, but you cannot be both ignorant and free. PLEASE do yourself a favor and read this information.... You MUST read and comprehend it if you truly want to be FREE of government restraints. It is possible, and has been/is being achieved by people all over the country.
PLEASE, PLEASE, PLEASE, read this information!
The contents of the following collection of Treatises, Briefs, and Opinions represents the fine works of American Patriots.
Several of the Treatises, Briefs, and Opinions are very lengthy. I would like to encourage you to "bookmark" this Page, "save" the files to your disk (just in case they disappear), and print a "hard copy" to study. Please share the works of the Patriots with your friends and neighbors.
To the best of knowledge, all the Treatises, Briefs, Opinions, and other Articles that appear on this Web Site are "Public Domain."
If you have a Web Page, please feel free to "link"to : "http://www.usa-the-republic.com"
U.S.A. The Republic
Our Republic is now celebrating the 200th birthday of the Bill of Rights to our Constitution. Through the wisdom of a few free - thinking men, we have come incredibly far in 200 years. Our nation has been blessed with prosperity more than any other in world history. The technology in this country compares with no other. Our leadership in world politics and economics has no rival. Yet, all this has happened outside the "house" our predecessors on this continent designed and built.
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,/Zorities, 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,/ 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,"/ 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/ 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,/ 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."/
"... 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."/
"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."/
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."/Public 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."/10
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
I understand that it is a lot of reading, but you cannot be both ignorant and free. PLEASE do yourself a favor and read this information.... You MUST read and comprehend it if you truly want to be FREE of government restraints. It is possible, and has been/is being achieved by people all over the country.
PLEASE, PLEASE, PLEASE, read this information!
The contents of the following collection of Treatises, Briefs, and Opinions represents the fine works of American Patriots.
Several of the Treatises, Briefs, and Opinions are very lengthy. I would like to encourage you to "bookmark" this Page, "save" the files to your disk (just in case they disappear), and print a "hard copy" to study. Please share the works of the Patriots with your friends and neighbors.
To the best of knowledge, all the Treatises, Briefs, Opinions, and other Articles that appear on this Web Site are "Public Domain."
If you have a Web Page, please feel free to "link"to : "http://www.usa-the-republic.com"
U.S.A. The Republic
Our Republic is now celebrating the 200th birthday of the Bill of Rights to our Constitution. Through the wisdom of a few free - thinking men, we have come incredibly far in 200 years. Our nation has been blessed with prosperity more than any other in world history. The technology in this country compares with no other. Our leadership in world politics and economics has no rival. Yet, all this has happened outside the "house" our predecessors on this continent designed and built.
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,/Zorities, 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,/ 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,"/ 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/ 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,/ 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."/
"... 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."/
"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."/
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."/Public 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."/10
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