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THIS IS A MIRRORED REPORT:
 

Republic vs. Democracy
America is not a Democracy.....
And to the REPUBLIC for which it stands, one nation under GOD with liberty and justice for all......

Republic vs. Democracy
talks of the differences of these opposing forms of government.

"But the chief priests and elders persuaded the multitude that they should ask Barabbas, and destroy Jesus. The governor answered and said unto them, Whether of the twain will ye that I release unto you? They said, Barabbas. Pilate saith unto them, What shall I do then with Jesus which is called Christ? [They] all say unto him, Let him be crucified. And the governor said, Why, what evil hath he done? But they cried out the more, saying, Let him be crucified. When Pilate saw that he could prevail nothing, but [that] rather a tumult was made, he took water, and washed [his] hands before the multitude, saying, I am innocent of the blood of this just person: see ye [to it]. Then answered all the people, and said, His blood [be] on us, and on our children." (Matthew 27:20, 25)

"Our forefathers, inhabitants of the island of Great Britain, left their native land, to seek on these shores a residence for civil and religious freedom."133

"The laws of England are threefold: common law, customs, and decrees of parliament."134

"Before the Norman conquest of England in 1066 the people were the fountainhead of justice. The Angloe-Saxon courts were composed of large numbers of freemen and the law which they administered, was that which had been handed down by oral tradition from generation to generation. In competition with these popular, nonprofessional courts the Norman king, who insisted that he was the fountainhead of justice, set up his own tribunals... The angle-Saxon tribunals had been open to all; every freeman could appeal to them for justice."135

This conflict between the Common Law and the Civil Law was one of the most important factors motivating the original immigration to the Americas for those seeking civil and religious freedom. After all it was the oppressive civil laws handed down by the kings and weak parliaments that was imposing the religious persecution on the people. But it was the religious reformists trying to right the unrighteous practices of that system that had stimulated the governments religious and civil oppression.

"When the common law and statue law concur, the common law is to be preferred."136

With the common law the people were the fountainhead of justice through their system of trial by jury. "The jury has a right to judge both the law as well as the fact in controversy."137 "The pages of history shine on instances of the jury's exercise of its prerogative to disregard instructions of the judge; for example, acquittals under the fugitive slave law."138 "The common law right of the jury to determine the law as well as the facts remains unimpaired."139

"Man (homo) is a term of nature; person (persona), of the civil law."140

"The civil law reduces the unwilling freedman to his original slavery; but the laws of the Angloes judge once manumitted as ever after free."141

"In no relation can the religious motive in English expansion be neglected without doing violence to the record... Still more significant in English expansion than the work of preachers in quest of souls to save were the labors of laymen from the religious sects of every variety who fled to the wilderness in search of a haven all their own."

"Now the commercial corporation for colonization,... was in reality a kind of autonomous state. Like the state, it had a constitution, a superior law binding constituent and officers."

"The colonies were `companies.' `The legal instrument for realization of that design was a charter granted by `the dominionitive authority of the king' uniting the sponsors of the enterprise in `one body politic and corporate,' known as the Trustees for establishing the colony..."

"Thus every essential element long afterward found in the government of the American state appeared in the chartered corporation that started English civilization in America."142

In those charters the individual colonies were called "a republic." But what kind of republics were they? They were not utopias but refuges of individual responsibility where no law could be made "except by the consent of the freeman."

Today the government is referenced as the United States Federal Democracy even though at the beginnings of government in the America's the word Republic was the title most sought and most used. Is there a difference?

"The United States shall guarantee to every State in this Union a Republican Form of Government..."143

"Republic. A commonwealth; that form of government in which the administration of affairs is open to all the citizens. In another sense, it signifies the state, independently of its government."144

What does that mean? Haven't we been taught that the state is the government? Here it says the state is independent from the government. The word state in Webster's has almost twenty different definitions. A state is a status or an estate or a condition of life which in the case of a republic can be independent of its government.

In another place we find the word republic defined, "A state or nation in which the supreme power rests in all the citizens... A state or nation with a president as its titular head; distinguished from monarchy." In this definition we see again that the supreme power is in the hands of the citizen who is entitled to vote. The representatives are in charge of administrating the affairs of government. In the second definition it states that the singular executive is titular. Titular is defined as, "existing in title or name only; nominal..." while a monarch is "a single or sole ruler of a state... a person or a thing that suppresses others of the same kind."145

Why then does the government of the states and the United States seem to have such a supreme authority over almost every aspect of its citizenry and their lives? What is the true nature of this American Republic?

"The term republic, res publica, signifies the state independently of its form of government."146 Then the chief captain came, and said unto him, Tell me, art thou a Roman? He said, Yea. And the chief captain answered, With a great sum obtained I this freedom. And Paul said, But I was [free] born. Then straightway they departed from him which should have examined him: and the chief captain also was afraid, after he knew that he was a Roman, and because he had bound him. (Acts 22:27, 29)

Before we go farther it should be understood that the original republic was one in which a freeman was free from civil authority and religiously allowed to accept or reject his God as King. The word republic was used because those early pilgrims and separatists knew its origins. It is a shortened form of the Latin idiom "Libera res Publica" meaning "free from things public." The heads of the government were "titular" in authority, meaning they held authority "in name only." In an indirect democracy the mob elects those that govern the whole, while in the republic you only elected representatives with a limited authority.

John Adams said that when the grantees of the "Massachusetts Bay Charter carried it to America they `got out of the English realm, dominions, state, empire, call it by what name you will, and out of the legal jurisdiction of the Parliament. The king might, by his writ or proclamation, have commanded him to return; but he did not. By this interpretation, the charters accorded Americans' all the rights and privileges of a natural free-born subject of Great Britain and gave colonial assemblies the sole right of imposing taxes."147

"Accordingly, when Americans were told that they had no constitutional basis for their claim of execution from parliamentary authority, they answered, `Our Charters have done it absolutely.' `And if one protests,' remarked a Tory, `the answer is, You are an Enemy to America, and ought to have your brains beat out.'148"149

Almost from the beginning of English settlement, the government permitted the tradition of local liberty to take such firm root in America that Alexander Hamilton could say in 1775 that `the rights we now claim are coeval with the original settlement of these colonies.'150

Samuel Adams stated, on August 1, 1776 within one month of the signing of the Declaration of Independence, "Our Union is complete; our constitution composed, established, and approved. You are now the guardians of your own liberties. We may justly address you, as the decemviri did the Romans, and say: `Nothing that we propose can pass into law without your consent. Be yourself, O Americans, the authors of those laws on which your happiness depends.'"

"The term ` sovereign power' of a state is often used without any very definite idea of its meaning, and it is often misapplied... The sovereignty of a state does not reside in the persons who fill the different departments of its government, but in the People, from whom the government emanated; and they may change it at their discretion. Sovereignty, then, in this country, abides with the constituency, and not with the agent; and this remark is true, both in reference to the federal and state government."151

"We are not contending that our rabble, or all unqualified persons, shall have the right of voting, or not be taxed; but that the freeholders and electors, whose right accrues to them from the common law, or from charter, shall not be deprived of that right."152

"The United States government is a foreign corporation with respect to a state." 153

"I often wonder whether we do not rest our hopes to much upon constitutions, upon laws and courts. These are false hopes, believe me; these are false hopes. Liberty lies in the hearts of men and women; when it dies there, no Constitution, no law, no court can save it."154

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.155

Even Alexander Hamilton wrote against the bill of rights, "Here, in strictness, the people surrender nothing; and as they retain everything they have no need of particular reservations...."

"But a minute detail of particular rights is certainly far less applicable to a constitution like that under consideration, which is merely intended to regulate the general political interests of a nation, than a constitution which has regulation of every species of personal and private concerns."

He went on to say that the bill of rights were "unnecessary" and even "dangerous." "They would contain various exceptions to powers not granted; and, on this very account, would afford a colorable pretext to claim more than were granted. For why declare that things shall not be done which there is no power to do?"156

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.157157

"A constitution is a body of precepts the purpose of which is to control government action until modified in some authorized manner. These precepts may be either written or unwritten"158

Lawyers are being graduated from law school by the thousands who have little knowledge of the constitution. When organizations seek a lawyer to instruct them on the Constitution they find it nearly impossible to secure one competent.159

So it was not the Constitution of the United States but the body of precepts that predated it including the charters that was the original guardian of the American free dominion.

The once colonial and now state administrative government and other equitable and economic interests wanted a Constitution. The State, status of the sovereign people, was independent of the administrating government in the republics. This explains the need to use the phrase, "We the People of the United States." This new agreement had almost no power over, "The ordinary citizen, living on his farm, owned in fee simple, untroubled by any relics of feudalism, untaxed save by himself, saying his say to all the world in town meetings." For he, "had a new self-reliance. Wrestling with his soul and plough on week days, and the innumerable points of the minister's sermon on Sundays and meeting days, he was coming to be a tough nut for any imperial system to crack"160 and he certainly didn't want this new Constitution.

This corporate charter, called the Constitution, was signed by the members of the convention and was never ratified legally by the weak State governments, "in Order to form a more perfect Union,... and establish this Constitution for the United States of America."161

"Government ... is not a just government, nor is property secure under it, where the property a man has in his personal safety and personal liberty, is violated by arbitrary seizures of one class of citizens for the service of the rest."162

"The first requisite of a citizen in this Republic of ours, is that he shall be able and willing to pull his own weight."163

Everyday in the United States one class of citizens procures for itself the property of another through taxation and lobbied legislated statutes. Schools, old age benefits, health care, aid, all types of assistance, insurance, benefits and grants. "Accustomed to trampling on the rights of others, you have lost the genius of your own independence and become the fit subjects of the first cunning tyrant who rises among you."164

Madison clarified our status in this "a Republic with federal form." "It is of great importance in a republic not only to guard the society against the oppression of its rulers, but to guard one part of society against the injustice of the other part. Different classes of citizens. If a majority be united by common interest, the rights of the minority will be insecure. In a free government the security for civil rights must be the same as that for religious rights."165

You have to look back no farther than April 3, 1918, when the new American creed was read in Congress beginning with the words, "I believe in the United States of America as a government... whose just powers are derived from the consent of the governed: a democracy in a republic." In other words the United States Federal Democracy is an ever changing corporate society that was created by the State administrative governments and it has no authority and or jurisdiction over the status or estate of the freeman in America living in the original republic which predated the U.S. Constitution.

"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."166 "This section recognizes the difference between citizen of United States and Citizens of a state."167 (see CITIZEN vs. Citizen)

"Both before and after the Fourteenth Amendment to the federal Constitution, it has not been necessary for a person to be a citizen of the United States in order to be a citizen of his state."168 But, "The term resident and citizen of the United States is distinguished from a Citizen of one of the several states, in that the former is a special class of citizen created by congress."169 So it is stated over and over that there is a citizenship with civil rights that is not connected with the organization or the administration of government and there is another citizenship that is granted, to a person... in virtue of his citizenship with rights redressed in civil action and citizens of the United States by the thirteenth and fourteenth amendments. The civil rights of a citizen of the United States is a completely regulated privilege because one type of, "'civil right' is a right given and protected by law [through a legal system], and a person's enjoyment therefore is regulated entirely by the law [the legal system] that creates it."170

"Where, Say Some, is the king of America? I'll tell you, Friend, he reigns above, and doth not make havoc of mankind..."171

And Saul said unto Samuel, I have sinned: for I have transgressed the commandment of the LORD, and thy words: because I feared the people, and obeyed their voice. (1Sa 15:24)
 

FOOT NOTES

Return 133 Representatives of the united colonies on July 6, 1775,

Return 134 Leges Angli' sunt tripartit': jus commune, consuetudines, ac decreta comitiiorum.

Return 135 Clark's Summary of American law. Common Law Chat 1 pp.530.

Return 136 4 Coke,71.

Return 137 Chief Justice John Jay, U.S. Supreme Court Georgia v Brailsford (3 Dall1,1794)

Return 138 U.S. v Daugherty 473 F 2d 1113 at 1130 (1972).

Return 139 State v. Croteau, 23 Vt. 14, 54 Am. Dec. 90 (1849)

Return 140 Homo vocabulum est; persona juris civilis.Calvinus, Lex.

Return 141 Libertinum ingratum leges civiles in pristinalm servitutem redigulnt; sed leges angiae semel manumissum semper liberum judicant. Co. Litt. 137.

Return 142 Chapt I p10, Chapter II p36, The Rise of the American Civilation bu Charles A. Beard & Mary R. Beard. Return 143 Constitution of the United States, Section 4.

Return 144 Black's Dictionary 3rd Ed. p1536.

Return 145 Webster's New Dictionary unabridged 2nd Ed. 1965.

Return 146 Bouvier's Vol.1. page 13 (1870).

Return 147 Principles and Acts of the Revolution, edited by H. Niles, 16.

Return 148 Pennsylvania Journal and Weekly Advertiser, September 4, 1766, Supplement.

Return 149 174-175 Origins of the American Revolution by John C. Miller.

Return 150 The Works of Alexander Hamilton, edited by Henry Cabot Lodge, New York, 1904, I, 172. 9 Ibid., March 31, 1768.

Return 151 Spooner v. McConnell, 22 Fed. Cas. 939, 943.

Return 152 The Works of Alexander Hamilton, edited by Henry Cabot Lodge, New York, 1904, I, 172. 9 Ibid., March 31, 1768.

Return 153 In re Merriam, 36 N.E. 505, 141 N.Y. 479, affirmed 16 S. Ct. 1073, 163 U.S. 625, 41 L.Ed 287; 20 CJS, Section 1785.

Return 154 Spirit of Liberty 189 Judge learned Hand.

Return 155 Amendment 9 Bill of Rights.

Return 156 Federalist 84 Alexander Hamilton.

Return 157 Amendment 10 Bill of Rights.

Return 158 Clark's Summary of American Law.

Return 159 The Commitee on American Citizenship, ABA, Denver,Co. July 14, 1926.

Return 160 Hist of US by John Truslow Adams page 44.

Return 161 Preamble to the Constitution of the United States.

Return 162 James Madison.

Return 163 Theodore Roosevelt

Return 164 Abraham Lincoln September 11, 1858. Return 165 Federalist LI.

Return 166 Constitution of the United States, Amendment 14 Sec. 1, (Ratified July 9,1868)

Return 167 Frasher v. State, 3 Tex. Ct. App.267.

Return 168 Citing U.S. v. Cruikshank, supra.

Return 169 U.S. v Anthony, 24 Fed. 829 (1873).

Return 170 Nickell v. Rosenfield, (1927) 82 CA 369, 375, 255 P. 760.

Return 171 Thomas Paine's Common Sense



original report located at
http://user.icx.net/~drherb/republic.html
 
 

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published by tusk36: Altoona, Pennsylvania, U.S.A
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