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Originally Posted by Jaymax
Interesting. However you cited the Sixth edition - which is outdated.
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When it comes to legal references, the older is the better.
The "System" has been
sanitizing** dictionaries for years.
In fact, get a fourth edition, if you can find one at a yard sale - far better definitions - which include the underlying court cases and better commentary.
Also check out Bouvier's 1856 edition (some are online).
Very very enlightening. Not perfect. But what is, in life?
Also get Vattel's "The Law of Nations". Look up "resident".
Fun stuff.
LAW OF NATIONS, CHAPTER XIX, Section 212 : "Residents", as distinguished from citizens, are aliens who are permitted to take up a permanent abode in the country. Being bound to the society by reason of their dwelling in it, they are subject to its laws so long as they remain there, and, being protected by it,
they must defend it, although they do not enjoy all the rights of citizens. They have only certain privileges which the law, or custom, gives them. Permanent Residents are those who have been given the right of perpetual residence. They are a sort of citizens of a less privileged character, and are subject to the society without enjoying all its advantages. Their children succeed to their status; for the right of perpetual residence is given them by the State passes to the children.
Sounds a lot like what the 14th amendment citizenship granted - for they can only "Reside" in states as "Residents". But I digress.
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So where does it say that couples (there is nothing about one man and one woman) must have progeny for a marriage contract to be valid?
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Look up curtesy and dower, the common law rights of survivors of the marriage... in an older dictionary. They were abolished in 1945 - for the enumerated socialists.
DOWER- The provision which the law makes for a widow out of the lands or tenements of her husband, for her support and nurture of her children. 2 Bl. Comm. 130 ... A species of life estate which a woman is, by law, entitled to claim on the death of her husband ... Dower has been abolished in the majority of the states and materially altered in most others.
- - - Black's Law Dictionary, Sixth Edition, p. 492
DOWER BY COMMON LAW - The ordinary kind of dower in English and American law, consisting of a life interest in one-third of the lands of which the husband was seised in fee at any time during the coverture. 2 Bl. Comm. 1332. Abolished by the Administration of Estates Act, 1945, Sec. 45.
- - - Black's Law Dictionary, Sixth Edition, p. 493
(The child(ren) inherited the other 2/3rds of the lands.)
CURTESY - The estate to which by common law a man is entitled, on the death of his wife, in the lands or tenements of which she was seised in possession in fee-simple or in tail during her coverture, provided they have had lawful issue born alive which might have been capable of inheriting the estate. It is a freehold estate for the term of his natural life. ... in most states it has been abolished or otherwise materially altered.
- - - Black's Law Dictionary, Sixth Edition, p. 383
In short, if there were no children of the marriage, the deceased's blood kin had a superior claim to the property. Which goes back to the original purpose of marriage - joining two property rights for the benefit of progeny. If no progeny - no permanent joining beyond death (which also made sure successive spouses didn't get control of property that was not rightfully theirs).
If you are not familiar with common law rights, that is no surprise. The compact for socialist insecurity waived common law rights, and substituted the terms of the compact. But if you dig into pre-1933 law, you will find copious references that the common law supersedes the statutory law, where the parties have common law standing.
In fact, the rules of the common law are enshrined in the seventh amendment, USCON.
Of course, since 1933, no one has used "dollars", hence have no recourse to the rules of the common law.
**What I mean by sanitizing.
Look up the modern definition for a dollar in the latest dictionaries.
It says 100 pennies. Then look up a penny - it says 1/100 of a dollar. Circular definition.
The older dictionaries quoted the Coinage Act of 1792, and used the correct weights of silver, etc.
(No one said "reading the law" was not an exercise in frustration. "They" have been running this scam for more than a lifetime.)
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