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Thread: Perpetual Union, does anybody know what it is known as in today's terms?

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    Senior Member motla68's Avatar
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    Perpetual Union, does anybody know what it is known as in today's terms?

    It was mentioned in the Article X of the Articles of Confederation and I think Lincoln even mentioned it, but what has become of this term today, did it change names and restructure itself perhaps?
    Can you show me what has become of it?

    Thanks

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    Senior Member Michael Joseph's Avatar
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    it was styled "The United States of America".

    the States were becoming dis[united] States so the United States came in and took the liability of the debt and the States, while keeping their Domestic Sovereignty came under the Independence of the United States. Therefore the United States is Sovereign over the States and the States in this structure are Dependents.

    One thing that is very interesting is all of those COMMITTEES.

    "The United States in Congress assembled shall have authority to appoint a committee, to sit in the recess of Congress, to be denominated 'A Committee of the States', and to consist of one delegate from each State; and to appoint such other committees and civil officers as may be necessary for managing the general affairs of the United States under their direction..."


    "Article X. The committee of the States, or any nine of them, shall be authorized to execute, in the recess of congress, such of the powers of congress as the united States in congress assembled, by the consent of the nine States, shall from time to time think expedient to vest them with; provided that no power be delegated to the said Committee, for the exercise of which, by the articles of confederation, the voice of nine States in the Congress of the United States assembled be requisite."
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    Senior Member motla68's Avatar
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    Quote Originally Posted by Michael Joseph View Post
    it was styled "The United States of America".

    the States were becoming dis[united] States so the United States came in and took the liability of the debt and the States, while keeping their Domestic Sovereignty came under the Independence of the United States. Therefore the United States is Sovereign over the States and the States in this structure are Dependents.

    One thing that is very interesting is all of those COMMITTEES.

    "The United States in Congress assembled shall have authority to appoint a committee, to sit in the recess of Congress, to be denominated 'A Committee of the States', and to consist of one delegate from each State; and to appoint such other committees and civil officers as may be necessary for managing the general affairs of the United States under their direction..."


    "Article X. The committee of the States, or any nine of them, shall be authorized to execute, in the recess of congress, such of the powers of congress as the united States in congress assembled, by the consent of the nine States, shall from time to time think expedient to vest them with; provided that no power be delegated to the said Committee, for the exercise of which, by the articles of confederation, the voice of nine States in the Congress of the United States assembled be requisite."

    Oops, wrong article, I meant to put this one up:


    XIII.


    Every State shall abide by the determination of the United States in Congress assembled, on all questions which by this confederation are submitted to them. And the Articles of this Confederation shall be inviolably observed by every State, and the Union shall be perpetual; nor shall any alteration at any time hereafter be made in any of them; unless such alteration be agreed to in a Congress of the United States, and be afterwards confirmed by the legislatures of every State.

    But still interesting point brought up on " Committee ".


    COMMITTEE, practice. When a person has been found non compos, the law requires that a guardian should be appointed to take care of his person and estate; this guardian is called the committee.
    - 1856 Bouviers Dictionary

    What I did is try to track down these elusive terms of union and perpetual, the first thing found was this:

    CONSOLIDATION, civil law. The union of the usufruct with the estate out of which it issues, in the same person which happens when the usufructuary acquires the estate, or vice versa. In either case the usufruct is extinct. In the common law this is called a merger. Ley. El. Dr. Rom. 424. U. S. Dig. tit. Actions, V.

    2. Consolidation may take place in two ways: first, by the usufructuary surrendering his right to the proprietor, which in the common law is called a surrender; secondly, by the release of the. proprietor of his rights to the usufructuary, which in our law is called a release.

    There is that word that keeps popping up again, "usufruct" also used in the same sentence as the word union. So I had to go back to the time of Lincoln remembering that he also used the words perpetual and union and from past research in relation to usufruct. 2 very interesting things to note here:

    1. The south and the north after the Civil War became one, what word is often used to describe this? Looking back on my previous search the word Consolidate also means to bring 2 entities together so the latter term use probably would mean Consolidated and the south did have to surrender, so seems to fit to me.

    2. Another intent that Lincoln said was the intent to create a more perfect union, remembering what I read about usufruct, lets take a look:

    usufruct;
    3. Usufructs are of two kinds; perfect and imperfect. Perfect usufruct, which is of things which the usufructuary can enjoy without altering their substance, though their substance may be diminished or deteriorated naturally by time or by the use to which they are applied; as a house, a piece of land, animals, furniture and other movable effects. Imperfect or quasi usufruct, which is of things which would be useless to the usufructuary if be did not consume and expend them, or change the substance of them, as money, grain, liquors. Civ. Code of Louis. art. 525, et seq.; 1 Browne's Civ. Law, 184; Poth. Tr. du Douaire, n. 194; Ayl. Pand. 319; Poth. Pand. tom. 6, p. 91; Lecons El. du Dr. Civ. Rom. 414 Inst. lib. 2, t. 4; Dig. lib. 7, t. 1, 1. 1 Code, lib. 3, t. 33; 1 Bouv. Inst. Theolo. ps. 1, c. 1, art. 2, p. 76.

    Well I do not know about you, but it seems to me that Lincoln would have saved us all a lot of aggravation if he would have just said: " a more perfect usufruct" , would you say?

  4. #4
    Senior Member motla68's Avatar
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    Anybody else care to take a stab at getting us to the union and usufructuary listed in today's terms relative to international law?

  5. #5
    This thread is awesome.
    I'm going to use this stuff in other areas.
    I see nothing here by pure Roman Civil Law.

  6. #6
    You said very professional,I will remember

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