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PLEDGE OF
ALLEGIANCE WAS ''GOD FREE" UNTIL 1954
WHERE DID
"IN GOD WE TRUST" ORIGINATE?
1796-97 TREATY
WITH TRIPOLI No one claims that the treaty was the basis for our government being non-Christian. Surely this honor belongs to the godless Constitution, which calls on no higher power than "We the People." What the treaty does is to powerfully reaffirm what the Constitutional framers intended. A government strictly neutral regarding religion. In the 1790s pirates of Tripoli (in what is now called Libya) were destroying U.S. shipping and holding U.S. seamen as prisoners. It was a serious problem and a series of negotiators were sent to try to put together an agreement to improve it. The Tready of Tripoli was one outcome. President John Adams sent the treaty to the Senate in late May 1797. It was, according to the official record, read aloud, including the famous words, on the floor of the senate and copies were printed for every Senator. A committee considered the treaty and recommended ratification. Twenty-three Senators voted to ratify. In a very public way, they voted to say that "As the government of the United States of America is not, in any sense, founded on the Christian Religion, . . ." the Muslims of Tripoli therefore need not fear a religious war from the U.S. The vote was unanimous! There is no record of any debate or dissension on the treaty. President Adams signed the treaty and proclaimed it to the nation on 10 June 1797. His statement on it was a bit unusual: "Now be it known, That I John Adams, President of the United States of America, having seen and considered the said Treaty do, by and with the advice and consent of the Senate, accept, ratify, and confirm the same, and every clause and article thereof. And to the End that the said Treaty may be observed and performed with good Faith on the part of the United States, I have ordered the premises to be made public; And I do hereby enjoin and require all persons bearing office civil or military within the United States, and all other citizens or inhabitants thereof, faithfully to observe and fulfill the said Treaty and every clause and article thereof." The treaty and Adams' statement was printed in full in three newspapers, two in Philadelphia and one in New York City. There is no record of any public outcry or complaint in subsequent editions of the papers. References in one or two later treaties to things such as the Trinity occurred in treaties with Great Britain and Russia, both officially Christian nations at the time; no declarations that the U.S. is a Christian nation were included.
WAS AMERICA
FOUNDED ON JUDEO-CHRISTIAN LAW? The greatest influence on western legal development was the Roman law system. Roman law had its recorded beginnings in the law of the Twelve Tables, formulated in 451-450 BC. Roman legal development ended with the codification known as the Corpus Juris Civilis (Body of Civil Law), which consolidated all existing law into a single written code. It was promulgated (AD 533-34) by the Byzantine emperor Justinian I and was known as the Justinian Code. At its height Roman Law extended from England to Egypt, replacing many unwritten native customs and rules. In the 5th century the Roman Empire was conquered by the Germanic peoples. This suppressed legal development throughout much of Europe. The conquering Germanic tribes brought little to replace Roman law. Early Germanic law began as unwritten customs of the tribe. The later written Germanic tribal codes were crude and rudimentary compared with the Code of Justinian. However, they do show considerable influence of Roman law. The early Middle Ages saw little progress in the development of law. The Roman Catholic church quickly hijacked this legal vacuum, injecting its canon law system. Canon law borrowed from Roman law and thereby preserved the Roman system. These new eclectic Germanic tribal customs swept across Europe. When the Normans invaded England in 1066, they consolidated the conflicting local customs into what is known as common law. In Bologna, Italy, around the year 1100, an awakening of learning in the field of law occurred. The principles of Roman law were applied to Germanic law transforming Roman law into Italian law and eventually modern civil law. As the revival of Roman law and its resulting codification spread through continental Europe during the later part of the Middle Ages, it stopped at the English Channel. Strong nationalism and a unified legal profession preserved the common law system in England. The common law system spread through English colonization and conquest. The United States was one of the first to adopt and defend this system. Because the majority of the colonists who first settled America came from England, the common law system was introduced in many colonies. The lack of any law schools in America until 1784, a fact that necessitated the training of lawyers in England, established English common law in America. Although English common law and the American variation are very similar, there are some notable differences. One important change was to remove law favoring a particular religion. Therefore American law is based on Roman influenced English common law minus the religious corruptions. |
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