Tuesday, June 21, 2011

Law of Merchants

Here's an interesting article by Gene Keating. Demonstrates how when a government gets involved in commerce, it ceases to be a government and becomes a mere corporation, which obviously only has authority through contract:





"In fact and law there is NO United States. It is now merely a private corporate UNITED STATES

(including all states, counties and cities) administrating the pledged credit for its creditors which is YOU. (See

Clearfield Trust Co. v. U.S. (1943) 318 US 363.) This has the effect of making each United States Citizen a

Resident Alien in a foreign (corporation of Federal jurisdiction) country. (Clearfield, supra, is the leading case on

the subject.) The following should explain:

"Governments descend to the level of a mere private corporation and take on the character of a mere

private citizen [where private corporate commercial paper (securities) are concerned]" Bank of US v.

Planters Bank, 9 Wheaton (22 US) 904, 6LEd 24

and

"When governments enter the world of commerce, it is subject to the same burdens as any private firm."

U.S. v. Burr, 309 US 242, 60 Sct. 488, 84 LEd 244.

and

"For purposes of suit, such corporations and individuals are regarded as an entity ENTIRELY separate from government." Planters, infra.

and

"The plaintiffs are NOT suing the USA, but the corporation, and if its act was UNLAWFUL, even if they might have sued the USA, they are NOT cut off from a remedy against the AGENT that did the wrongful

act. In general the USA cannot be sued for a tort but its immunity does NOT extend to those who acted in its name." Sloan Shipyards v. US EFC 67 Cal. LR No. 6 (1979).



Do you know of any government AGENT in the U.S. who is not dealing in commercial paper? With this

understanding you should be able to sue the pants off them bur-a-rats in their private (non governmental)

individual capacity (state and federal). I could list 50 more cases that say the same thing as above but you can

search them out if needed.

It is a shame the people do not know about the law merchant and it makes this writer want to cry out to

those who are protesting such things as abortion, taxes, seat belts, and other government coercion, etc.; then

when they go into court have their constitutional arguments ignored BECAUSE THEY ARE UNDER

CONTRACT in law merchant due to use of negotiable instruments and the court just overrules their

constitutional arguments or approves a Motion in Limine, e.g. keep the constitution OUT, without telling them

why. You should have a good grasp of the situation after reading this report.

There is nothing but international law merchant courts in existence today and they once in a while give lip

service to the constitution for confusion IF THE CASE IS PROPERLY PLEADED. Babylonian = confusion =

Law Merchant.

"Actually, this entire procedure should be adjudicated at the

Administrative level and never reach the referee of need. See Title 5, sections 554 (a) (c) (1) ; 555 (B) ,

556 & 557."



@CHAPTER ONE

WHAT HAPPENED?

BONA FIDES EXIGIT UT QUOD CONVENT FIAT

"GOOD FAITH DEMANDS THAT WHAT IS AGREED UPON

SHALL BE DONE."

The Constitution of the United States was overwhelmed by a body of law called the

Negotiable Instruments Act [Law] (herein-after "NIL"). The NIL was established by Treaty

(International Law) by most of the free Nations of the world in 1930 at the Geneva conference.

The NIL has many names and several forms. Some of the names are Roman Civil Law,

Civil Law, Hague Law, Geneva Law, Merchants Law, Negotiable Instruments Law, Superior

Law, Babylonian Law, International Law of Credit, Public Law, Law of Nations, Uniform

Commercial Code, and others. These multiple names cause confusion.

The Law Merchant (ie. NIL) came early to America from English Law. The NIL has been

"codified" in most states as a commercial code. All "codes" arise out of and are subject to the

NIL, [see UCC Article 10]. In some states the NIL (or Law Merchant) is called the Business and

Commerce Code. The NIL was repealed (Article 10, Sec. 40) and Codified in most states about

1967 as the Uniform Commercial Code (hereinafter "UCC").

Until 1933 entry into this law was voluntary (explained infra). Without a knowledge of

this private law, "Code", you cannot know what is happening in America and the world today.

This (so called superior law) works upon notes, bills of exchange, checks, drafts, and all

commercial paper [presentments].

The use of paper denoting debt by contract compels the user into the Law of Merchants

or Mercantile Law, (UCC).

The use of credit was forced upon the people in America in 1933 by HJR 192 forcing the

acceptance of FRNs (hereinafter "FRNs") as legal tender in lieu of payment of debt. The use of

FRNs compels the user into interstate commerce under an admiralty/maritime jurisdiction

involving international law.

"A bill, draft, check, or note is a contract, and the fundamental rules governing contract law

are applicable to the determination of the legal questions which arise over such instruments.

1st American Jurisprudence, vol.7, pg.788 (emphases added)

Contracts are private law not controlled by the Constitution. []

"The admiralty court later widened its jurisdiction to embrace mercantile causes, and

thereafter the common-law judges encroached upon the field of admiralty jurisdiction over

commercial transactions." 1st Am Jur, 7, pg. 797 supra.

Neither Congress, the schools, "churches", nor the mass "news" media have informed the

people about the involvement of the UCC in every aspect of their lives.

Liability [in theory] arises through the use and circulation of non-redeemable FRNs

(credit) placing the user in debt bondage under the UCC. This happened without notice and

opportunity to be heard [without due process?] while fraudulently pretending the constitution

is controlling.

The coup de grace was accomplished by President Roosevelt in 1933 when HJR 192

demonetized gold, forcing the States and people therein to accept Notes in discharge of debt

instead of payment in gold/silver.

HJR 192 (1933) made all State and Federal governments law merchants, thereby

destroying their sovereignty as a state, and placing them under the private side of international

law, see UCC 1-201 (28) and the Clearfield Trust Co. v. U.S. (1943) 318 US 363 and related

cases (infra).

HOW does one get involved? By becoming a law merchant! When dealing in negotiable

instruments such as checks, notes, bills of exchange etc. [offers, presentments, refusals,

acceptances, contracts] issues are judicated in a court exercising a quasi-admiralty jurisdiction in

accord with the UCC, Am.Jur.7, Vol 1. pg. 796, '797, para 14, see UCC 2-104 (law merchant

code).

There is no other choice, by edict of congressional statutes, since HJR 192 in 1933.

Dealing in FRNs, checks, bills, etc. makes one a full fledged law merchant. Bills, notes, checks,

bills of lading, warehouse receipts etc. are contracts, see Am.Jur.1, vol.7 & 8 for a full discussion

on these contracts. Using FRNs is also dealing under contract in interstate commerce.

Interstate commerce comes under the exclusive jurisdiction of the statutory laws of congress.

A license is required for involvement in transactions using FRNs because these paper

notes are traded in inter state commerce, and international transactions. This involvement makes

one a(n) (international) law merchant.

Until you plead and prove otherwise, the presumption (in the courts) is that you are under

the UCC, your silence waives the defense. [As a general rule failure to plead a defense waives

the defense.]



http://www.fourwinds10.com/siterun_data/government/corporate_u_s/ne...


It is presumed, everyone voluntarily entered the law Merchant by their silence, (ie. no

strong objection to a violation of the law, see ratification below). Silence [failure to reject or

performance on a contract] confirms a contract. When you know someone is violating the law

(Art 1, § 10) and you participate without objection, you become as guilty as the other party by

your silence. You have ratified the contract (by your silence) hence the courts take the position

that you volunteered into it,



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Jaro Comment by Jaro 1 hour ago
When FRNs circulate as "money", they cross state lines in commerce, Congress has the

power to "regulate" the involvement by the people in commerce (using forms of "money" notes,

Checks etc.) but no more power that it has to "regulate commerce with foreign nations and

among the several States".



Fraud enters [among other ways] because the States and the Congress have abrogated

their mandate to mint gold and silver coins (only those clad copper coins remain) forcing the

people to use bank notes exclusively, and never being able to extinguish the debts but only to

"discharge" them in equity (only gold or silver or some other tangible "thing" Pays a debt).

The Federal reserve is a compelled privatized monopoly.



Private money comes under private law. "Money" is created when something of value (tangible

property) is pledged and bank notes, checks, or book-keeping entries (liquefied property) is

received. The bank holds the "thing" (mortgage "paper" etc.) of value until the bank notes,

(Credit of the United States) are returned. When the FRNs are returned the transaction is

canceled out to zero. However, the state and federal governments have a continuing lien on the

property purchased with the privilege (Title of Nobility) of purchasing "things" with their credit

instruments, see Repealer UCC Article 10, Section 40 which repealed the old negotiable

Instruments Law.



Today, everyone is a law merchant by definition, no one pays a debt but only discharges it

in equity. Even if FRNs are used for purchase of gold and silver one is still compelled into the

merchant system under the UCC for two reasons:



1. Use, of the debt instruments constitutes a claim by their maker upon the thing

purchased, the gold or silver.

2. Silver was de-monetized in 1873, gold in 1933.



In other words gold and silver are not money; they are commodities.


IN summary: Congress "privatized" the money system in 1913, giving the exclusive

privilege to create money to one of it's creations (the Federal Reserve). Since 1933 Gold, and

later silver, was demonetizing forcing the people to use FRNs (HJR 192). In a society such as

ours both private and public money is needed, not one to the exclusion of others. In the present

monopoly the maker (U.S. gov.) never redeems its notes. This is the fraudulent device used to

place you and I under a foreign jurisdiction called the International law of negotiable instruments.

The UCC is administered in an Admiralty/maritime jurisdiction called the common law or a

common law court using admiralty rules.

Thursday, June 9, 2011

Do The Math

LETS DO THE MATH
--------------------------------------------------------------------------------------
Washington State Constitution
www.leg.wa.gov
SECTION 1 POLITICAL POWER. All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights.SECTION 2 SUPREME LAW OF THE LAND. The Constitution of the United States is the supreme
--------------------------------------------------------------------------------------
U.S. Supreme Court
DESHANEY v. WINNEBAGO CTY. SOC. SERVS. DEPT., 489 U.S. 189 (1989)
489 U.S. 189

DESHANEY, A MINOR, BY HIS GUARDIAN AD LITEM, ET AL. v. WINNEBAGO COUNTY
DEPARTMENT OF SOCIAL SERVICES ET AL.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT
No. 87-154.

Argued November 2, 1988
Decided February 22, 1989

Petitioner is a child who was subjected to a series of beatings by his father, with whom he lived. Respondents, a county department of social services and several of its social workers, received complaints that petitioner was being abused by his father and took various steps to protect him; they did not, however, act to remove petitioner from his father's custody. Petitioner's father finally beat him so severely that he suffered permanent brain damage and was rendered profoundly retarded. Petitioner and his mother sued respondents under 42 U.S.C. 1983, alleging that respondents had deprived petitioner of his liberty interest in bodily integrity, in violation of his rights under the substantive component of the Fourteenth Amendment's Due Process Clause, by failing to intervene to protect him against his father's violence. The District Court granted summary judgment for respondents, and the Court of Appeals affirmed.

Held:

Respondents' failure to provide petitioner with adequate protection against his father's violence did not violate his rights under the substantive component of the Due Process Clause. Pp. 194-203.

(a) A State's failure to protect an individual against private violence generally does not constitute a violation of the Due Process Clause, because the Clause imposes no duty on the State to provide members of the general public with adequate protective services. The Clause is phrased as a limitation on the State's power to act, not as a guarantee of certain minimal levels of safety and security; while it forbids the State itself to deprive individuals of life, liberty, and property without due process of law, its language cannot fairly be read to impose an affirmative obligation on the State to ensure that those interests do not come to harm through other means. Pp. 194-197.
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Government stating their PRIMARY DUTY to 'PROTECT AND MAINTAIN INDIVIDUAL RIGHTS,no obligation.
Then the CONSENT of the Governed is under the SAME ,no obligation.
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We are under no government,no state,no body politic,no laws.
pretty simple to understand,if you do the math.