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 Merchant Law

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PostSubject: Merchant Law   Fri Mar 18, 2016 12:23 am

Instead of being able to demand payment at Law, or to make payment in Standard Gold Dollars as Lawful money, or the equivalent Treasury currency, redeemable on demand, at Par, We The People were forced on to the credit of the private banks, the Federal Reserve Banks and the commercial banks, and began to pass around their debt instruments, as though it were real money, making use of their debt-claims for the money, and thereby, by the operation of House Joint Resolution No, 192, into an alien and unlawful Federal Executive Equity Jurisdiction, known as lex mercatoria, or the Law Merchant, which is the private rule of the bankers, and from which jurisdiction our forefathers fought, and won, a revolution to be free, and from which jurisdiction our Constitution and Bill of Rights protects Us.

When you can pay your debts in Standard Gold Dollars, you operate on a cash basis in a Federal Common Law jurisdiction based on Article I, Section 10, clause 1, of the Constitution of the United States of America regarding tender in payment of debts. This is the General Federal Common Law jurisdiction deriving from the Union, which the Bill of Rights was designed to protect, particularly the Seventh Amendment which guarantees the Right of Trial by Common Law Jury in suits at Common Law where the value in controversy shall exceed twenty dollars. But, when you pass around evidences of debt as if it were the money itself, you are passing around the debt-claims for the money, and you no longer have a jurisdiction at Law, where the individual has access to his Rights, but you are in an entirely different court, or jurisdiction. You are in an Equity jurisdiction, one in which the individual does not have any Rights. And this is the practical effect which Congress intended to bring about by passing House Joint Resolution No. 192. Even one hundred years ago it was stated that "we have the best Congress that money can buy".

"Paper Money is Theft!"
George Washington

By the operation of House Joint Resolution No. 192, individuals, and States, have been compelled to "perform services", in order, not to pay (no one could "pay" anymore because there was no real money with which to "pay"), but to "discharge obligations" to pay.

What is called "fractional reserve banking", with irredeemable paper, creates multiple demands upon a common substance. That is, banks can issue or create "money" simply by making a ledger entry. These newly created dollars (ledger entries) are "backed" by the same few dollars already held on deposit. In fact a bank, can "create" 20 dollars for every one on deposit, lend them to you, collect the principle and interest and then simply write the money back into nonexistence. In other words, you are forced at the point of the Sheriff's gun to pay for something that was created out of thin air - plus interest. With multiple demands, no one can ever satisfy all his claims and no one can ever "pay" at Law in substance, that is, with Standard Gold Dollars, but instead, can only "perform services" as evidence of his willingness to "discharge the obligation to pay". Payment, as such, is thus forever postponed; one only promises the payment.

Overnight, the entire country was placed in an entirely new regime of Equity, which never "pays" a thing but only compels services forever to the private banks, and the debts to private bankers constantly increases, the interest obligations, known as "debt service", constantly compounds and the performance of services in order to "discharge the obligation to pay" this interest are never- ending, being a greater and greater burden upon ourselves and our children, and our children's' children.

In other words, a feudalistic real property law, in the guise of Equitable discharge of obligations to tender in Equity and not "pay" at Law, was instituted in violation of our Allodial Property Rights, and compels Sovereign American individuals into a feudalistic peonage, or involuntary servitude to the private banks (Federal Reserve Banks, National Banks, State Banks), in violation of the 13th Amendment to the Constitution of the United States of America. Because of the jurisdiction of the Law Merchant, we are not under Common Law, we do not have access to our Right to a Common Law Jury, and as a result our property can be, and every day is, taken without due process of Law. If we do not "perform the services" our property is taken from us by Equity courts imposing the Law Merchant.
Compelled performance is in fact slavery.

The Sheriff, in unknowing and unthinking acceptance of this situation, has become the "bag man" for a bunch of private criminals, and thereby is committing crimes himself, and is therefore a criminal. It is a crime to violate Constitutional Rights and his oath of office to support and defend the Constitution of the United States of America and the Constitution of his own State, it being drafted in conformance thereto, and being secondary thereto.

The Banks, including the Federal Reserve Banks and the National Banks, are incorporated by the State and operate under Banking Statutes (you will notice I do not use the word Laws), These statutes allow, or at least do not prohibit, the creation of "demand deposits" or "checkbook money", which is not really money, but is actually credit, or debt, created on the spot out of thin air on two levels. One by the Federal Reserve Banks (they write checks on themselves, thereby creating Federal Reserve Credit "out of thin air", in order to "purchase investments", such as U. S. Government Securities. These then become part of the National Debt, and provide the banking system with new Reserves). On the strength of these newly purchased Securities, they are able to obtain from the Treasury, newly printed Federal Reserve Notes, to cover the new checks when they are cashed. They only have to tender about three cents for each new Federal Reserve Note regardless of denomination. They are practically given the new paper Notes and they still hold the Bonds, which are part of the National Debt, and collect interest on them. The second level is by the local commercial bank which creates bank credit, denominated "demand deposits", every time they make a loan. The Federal Reserve Bank (is a private Anglo-German-American owned corporation. It is for-profit, and is tax-exempt!) creates public credit (National Debt), while the commercial banks create private credit (private debt) when they make a loan.

The Federal Reserve Note, at least the one issued in accordance with Title 12, United States Code, Section 411, which requires that they "shall be obligations of the United States and shall be redeemable on demand . . .", has a double jurisdiction. It is what you may call a legal tender for an equitable interest. That means it passes at Law as money, being a legal tender, but the only interest it passes along is a mere demand or promise. Hence, though it is "legal" or at Law, it never pays the gold because of House Joint Resolution No. 192, which illegally and criminally prohibited payment of the U. S. Standard Dollar Lawful Money, at par, and thus at Law.

It should be noted that Congress did not (could not) take away our Rights to use bank notes at Law, or demand deposits at Law; they just took away our money.

We have a Right, to take a twenty dollar bill, which means a bill for twenty dollars, into a bank and demand a twenty dollar gold piece. Congress did not take that Right away; since we have unalienable Rights which cannot be taken from us or be forced to give them up; Congress just took away the gold. This was and is a criminal usurpation of the Sovereignty of We The People on the part of Congress; and the State of Iowa, and each other State, by allowing it to happen at that time, and by continuing to allow it to happen to this date, has become party to this crime against We The People.

Instead of going into bankruptcy, everyone, including the States, was provided with the opportunity to use the new Federal Reserve Notes, called (incorrectly) "lawful money" grounded in perpetual debt of the "eligible paper" which formed the assets of the Federal Reserve and the National Banks, These are also known as "units of monetized debt". Everyone thus became the creditor/debtor of everyone else, since no one has paid or been paid for anything since that infamous day of June 5, 1933 when Roosevelt willfully and knowingly stole Our gold and gave it to a bunch of foreign bankers. (Lawfully, debts can only be paid with money - money as defined by the Law of the Land - The Constitution - being gold and silver coin. Anything else is not lawful money and cannot therefore lawfully "pay a debt".) Thus, overnight, We The People became liable for specific performance on the basis of a debt action of assumpsit under the private Law Merchant, operating outside of the Constitution and imposing an Equitable jurisdiction. A jurisdiction in which no one has any rights, where one can be compelled summarily to deliver his property without trial by Common Law jury. And the debts to the private bankers keep mounting ever higher.

A freeborn, Sovereign American individual cannot be forced into perpetual debtorship and involuntary servitude, that is, feudalistic performance on behalf of, and for the benefit of, any person, real or juristic, against his Thirteenth Article of Amendments to the Constitution of the United States of America. Nor can He be compelled, by Law, to accept, or to give informed consent to accept, an Equitable jurisdiction foreign to his Bill of Rights.

Article III, Section 2 of the Constitution of The United States of America, states in part:

"The Judicial Power shall extend .. . . . to all Cases of Admiralty and Maritime jurisdiction; ... . ."

At the very beginning of government under the Constitution , Congress conferred on the federal district courts exclusive cognizance "of all civil causes of admiralty and maritime jurisdiction, . . . . . . ; saving to suitors, in all cases, the right of a Common Law remedy, where the Common Law is competent to give it;. . ." (1 STAT 77, Section 9 (1789))

As this jurisdiction is held to be exclusive, the power of legislation on the same subject must necessarily be in the national legislature and not in the state legislatures.

Congress enacted the Limited Liability Act on March 3, 1851. It is codified at Title 46, United States Code, Sections 181-189, as amended in 1875, 1877, 1935, 1936 and the Act of 1884. It intended to cover the entire subject of limitations, and to invest the U. S. District Courts with exclusive original cognizance of all cases of admiralty and maritime jurisdiction, exclusive of the States. This means that the States do not have any jurisdiction in admiralty and maritime matters, at all.

Admiralty and maritime jurisdiction comprises two types of cases: (1) those involving acts committed on the high seas or other navigable waters, and (2) those involving contracts and transactions connected with shipping employed on the seas or navigable waters. In other words, the second type of case must have a direct connection with maritime commerce.

Suits in admiralty traditionally took the form of a proceeding in rem against the vessel, and, with exceptions to be noted, such proceedings in rem are confined exclusively to federal admiralty courts, because the grant of exclusive jurisdiction to the federal courts by the Judiciary Act of 1789 has been interpreted as referring to the traditional admiralty action, the in rem action, which was unknown to the Common Law.

State courts are forbidden by the Constitution to have Admiralty jurisdiction. While State courts are permitted to handle and try Admiralty cases if the suitor desires, it must be an Admiralty matter to begin with and it must involve property, otherwise there would not be a Common Law remedy. In other words, the Common Law courts would not be competent to handle it. More than this, it would need to be tried in a Common Law court, following Common Law procedures (not Equity procedures) with a Trial by a Common Law jury.

Therefore, any attempt by a State court to impose a judgment in rem is in violation of the Constitution and is null and void. When a sheriff attempts to enforce a judgment in rem he is attempting to impose the alien and unlawful Roman Civil Law, in violation of his oath of office, and he is thereby committing a criminal act.

The Sovereign American people are beginning to catch on to and realize the nature of the Dictatorship of Unelected Rulers that has been set up in this country, and They are no longer quietly accepting such vile treatments.

As the issues become clarified, each public official will need to make a decision: shall he be on the side of the Constitution and protect the Rights and freedoms of We The People (of which he is one), as required by his oath of office; or shall he be a party to the criminal usurpation of the Sovereignty of We The People?

The Sheriff is a key person in all of this: he can either be a tool of the evil forces who have set this up and provide the oppressive force that binds the innocent victims to the chains of slavery, all in the name of "doing his duty", or he can be the instrument of liberation for We The People by preventing the imposition of the unconstitutional Equitable jurisdiction (the Roman Civil Law) upon Us, the victims and Our property and protecting Our Rights and freedoms.
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