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AMERICAN COMMON LAW  [English]

BASIS:

THE CREATORS DIRECTION THROUGH THE BIBLE

RESTRAINT
MORAL STANDARDS
BINDING PRECEDENT 
ROMAN CIVIL LAW

BASIS:

MANS OPINIONS
SOCIETIES WHIMS
WHATEVER SOCIETY WILL BEAR
NO RESTRAINT/NO STANDARDS
NO BINDING PRECEDENT
EVERYTHINGS RELATIVE
“WHATEVER”























CREATES:

RULE OF LAW
WORSHIP OF CREATOR

CHRISTIAN/CREATION
ONE PEOPLE ONE GOD

PEOPLE OWN THE STATE
PEOPLE OWN PROPERTY

STATE SERVES THE PEOPLE
PRESERVES/ GENERATES LIFE

STABLE SOCIETY
ORDER/CLARITY

PEOPLE HAVE ALLEGIANCE
TO ALMIGHTY GOD

PERSONAL SALVATION
PEOPLE EDUCATE

STATE PROTECTS PROPERTY
STATE PROTECTS RIGHTS
JURY JUDGES FACTS & LAW

STATE ENCOURAGES FAITH IN
ALMIGHTY GOD OF BIBLE
CAUSES:

RULE OF MAN
WORSHIP OF THE CREATED

HUMANISM/EVOLUTION
MANY PEOPLE MANY GODS

STATE OWNS THE PEOPLE
PEOPLE SERVE THE STATE

STATE OWNS ALL PROPERTY
DEGENERATES/DESTROYS LIFE

SOCIAL INSTABILITY
DIVERSITY/CHAOS/CONFUSION

PEOPLE HAVE ALLEGIANCE
TO THE STATE

COLLECTIVE SALVATION
STATE INDOCTRINATES

STATE JUDGE FACTS & LAW
STATE IS SUPREME

STATE DESTROYS ALL BELIEFS
CONTRARY TO STATE
If you listen closely you will hear many others say; there are two paths WE can travel. You can't go in both directions at the same time so, you need to choose
which way you perfer to go through life. YOUR CHOICE, WE ALL PAY
A TREATISE ON THE PRINCIPLES OF
PLEADING IN CIVIL ACTIONS:
COMPRISING A SUMMARY VIEW OF THE
WHOLE PROCEEDINGS IN A SUIT AT LAW.

BY HENRY JOHN STEPHEN,
SERGEANT AT LAW.

BY SAMUEL TYLER, LL. D.,
PROFESSOR IN THE LAW DEPARTMENT
OF COLUMBIAN COLLEGE,
WASHINGTON, D. C., AND AUTHOR OF THE MARYLAND

SIMPLIFIED PLEADING, ETC., ETC.
Copyright, 1898, by WALTER C. MORRISON.                

TO THE ALUMNI OF
THE LAW DEPARTMENT OF COLUMBIAN COLLEGE,
THIS EDITION OF A WORK, THE STUDY OF WHICH IS SO WELL FITTED TO SHARPEN AND INVIGORATE THE MIND OF THE LAWYER AND IMPART TO IT A PRACTICAL FACILITY, IS, WITH THE BEST WISHES FOR THEIR PROFESSIONAL SUCCESS,

Respectfully Suscribed.
BY SAMUEL TYLER, LL. D.,

INTRODUCTION OF THE CIVIL LAW
AND THE COMMON LAW.

There have grown up in the history of nations only two great systems of law, the civil law of ancient Rome, and the common law of England.

All the most civilized nations in the world are governed by either of these two great schemes of justice. Though the civil law and the common law have much in common, yet in many important particulars they are the opposites of each other. In the course of his studies, the student of law finds so much said, in an incidental way, about the civil law, that is calculated to mislead his judgment in regard to the true character of that scheme of justice, that it is important, at the outset of his walks over the fields of the common law, to give him some account of the civil law, and point out in what it differs essentially from the common law. This is a matter of much importance to every student who aspires to a comprehensive and enlightened knowledge of jurisprudence.

…in the changing business of a progressive society like that of Rome, the edictal law was the purest sort of legislation, springing from the spontaneous acts and opinions of the people.  Society, in the modes of its working, declared the rules of its actions; and the pretors gave them judicial sanction, and thereby made them law.
….as the subsequent pretor was not bound by the decisions of his predecessors, but could exercise his judgment untrammeled by precedent.

……Thus a perfect system of despotism, disguised under forms of law, was built up on the ruins of the republic
Therefore it was that the jurists invented the fiction of the lex regia, by which it was pretended that all the authority of the Roman people was irrevocably granted to the emperor.  And, to complete their theory of absolutism, the jurists introduced into their writings, as a constitutional principle, the dogma.  Whatever pleases the prince has the force of law.

……but there should be as little doubt that the mode of procedure was changed from one suited to the liberty of the citizen to one suited to arbitrary power, by its enlarging the discretion of judges.

If we now turn to the common law of England, we will find that, as far as administrative principles and forms of procedure are concerned, it is the opposite of the Roman civil law as it was molded under the empire. 
The principle which, in the practical administration of the two systems, marks the primary essential distinction between them, is the relative obligatory force under them of precedent or former decisions.

Under the common law, former decisions control the court unconditionally.  It is deemed by the common law indispensable that there should be a fixed rule of decision, in order that rights and property may be stable and certain, and not involved in perpetual doubts and controversies. Under the civil law the principle is different.  Former decisions have not so fixed and certain an operation, but are considered as only governing the particular case, without establishing as a settled rule the principle involved in it.  When a similar case occurs, the judge may decide it according to his personal views of the law, or according to the opinion of some eminent jurist. The civil law, as administered at the present time on the continent of Europe, possesses all the uncertainty and fluctuations of doctrine that results from the little respect paid by it to precedent.

It is this stability of law, ruling over the prerogative of the crown and administering equal justice to the high and the low through so many centuries, that vindicates the "frame and ordinary course of the common law" to the consideration of the present times. It is this primary difference in the principles of practice, under the two systems of law, which gives to the common law its great superiority over the civil law, as a practical jurisprudence regulating the affairs of society.

In all the various revolutions, with their dark and dreary scenes of violence and bloodshed, through which England has passed, the people have clung to their ancient laws with a devotion almost superstitious. When our forefathers established governments in America they laid their foundations on the common law. And when difficulties grew up between them and the mother country, they acted as their English ancestors had always acted in their political troubles - interposed the common law as the shield against arbitrary power. When the United Colonies met in Congress, in 1774, they claimed the common law of England as a branch of those "indubitable rights and liberties to which the respective colonies are entitled."

And the common law, like a silent providence is still the preserver of our liberties.

United States Code TITLE 16 - CONSERVATION
CHAPTR 1A - HISTORIC SITES, BUILDINGS, OBJECTS, AND ANTIQUITIES
SUBCHAPTER I - GENERAL PROVISIONS

U.S. Code as of: 01/06/03
Section 468c. Powers and duties of National Trust

To the extent necessary to enable it to carry out the functions vested in it by sections 468 to 468d of this title, the National Trust shall have the following general powers:

(a) To have succession until dissolved by Act of Congress, in which event title to the properties of the National Trust, both real and personal, shall, insofar as consistent with existing contractual obligations and subject to all other legally enforceable claims or demands by or against the National Trust, pass to and become vested in the United States of America.

(b) To sue and be sued in its corporate name.

(c) To adopt, alter, and use a corporate seal which shall be judicially noticed.

(d) To adopt a constitution and to make such bylaws, rules, and regulations, not inconsistent with the laws of the United States or of any State, as it deems necessary for the administration of its functions under sections 468 to 468d of this title, including among other matter, bylaws, rules, and regulations governing visitation to historic properties, administration of corporate funds, and the organization and procedure of the board of trustees.

(e) To accept, hold, and administer gifts and bequests of money, securities, or other personal property of whatsoever character, absolutely or on trust, for the purposes for which the National Trust is created.  Unless otherwise restricted by the terms of the gift or bequest, the National Trust is authorized to sell, exchange, or otherwise dispose of and to invest or reinvest in such investments as it may determine from time to time the moneys, securities, or other property given or bequeathed to it.  The principal of such corporate funds, together with the income there from and all other revenues received by it from any source whatsoever, shall be placed in such depositories as the National Trust shall determine and shall be subject to expenditure by the National Trust for its corporate purposes.

(f) To acquire by gift, devise, purchase, or otherwise, absolutely or on trust, and to hold and, unless otherwise restricted by the terms of the gift or devise, to encumber, convey, or otherwise dispose of, any real property, or any estate or interest therein (except property within the exterior boundaries of national parks and national monuments), as may be necessary and proper in carrying into effect the purposes of the National Trust.

(g) To contract and make cooperative agreements with Federal, State, or municipal departments or agencies, corporations, associations, or individuals, under such terms and conditions as it deems advisable, respecting the protection, preservation, maintenance, or operation of any historic site, building, object, or property used in connection therewith for public use, regardless of whether the National Trust has acquired title to such properties, or any interest therein.

(h) To enter into contracts generally and to execute all instruments necessary or appropriate to carry out its corporate purposes, which instruments shall include such concession contracts, leases, or permits for the use of lands, buildings, or other property deemed desirable either to accommodate the public or to facilitate administration.

(i) To appoint and prescribe the duties of such officers, agents, and employees as may be necessary to carry out its functions, and to fix and pay such compensation to them for their services as the National Trust may determine.

(j) And generally to do any and all lawful acts necessary or appropriate to carry out the purposes for which the National Trust is created.

After close examination; ROMAN CIVIL LAW is what this current corporate government is following. Most of AMERICA still believes in; the notion that WE are under AMERICAN / English COMMON LAW. NO victum, NO property damage, NO crime. You can not Legislate Responsibility or force people into commerce.

I can't make you feel, but I can make you think. Even if we are thick as a BRICK.
                                                                                                                   Sorry Ian
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