Post by Mech on Mar 19, 2004 23:06:29 GMT -5
Our American Common Law
by Howard Fisher and Dale Pond
Common Law is a real thing. It is a real system of laws derived from centuries of work, study and sacrifice of millions of people. It is not trivial and inconsequential as some would have you think. It is the Common Law that is most represented within Our Constitution, Declaration of Independence and Our Bill of Rights. These documents were designed to limit and eliminate the vicious Equity, Maritime or Admiralty Law which was what we revolted against as Our Revolution against the totalitarianism of England.
Did you know the Anglo-American system (Our system) of jurisprudence is the only one which developed out of what is called the Common Law, that is, the general law of private property known in the British Isles? It is true - Common Law was designed through the centuries to secure the rights of individuals (you and me) to property and to make it difficult for property to be taken away from us by a government or governmental structure (bureaucracy) without due process of law. The Common Law was expounded over the years in hundreds of thousands of case decisions as a result of trials in which the Common Law jury acted as the Judges, and in which they exercised the authority to hear and decide questions of both Law and fact. Common Law deals with legal relationships, powers and liabilities, and types of actions rather than theoretical definitions of abstract legal concepts. The Common Law was recognized by Our Founding Fathers and is the basis of all law in America today.
The Common Law recognizes the Power of Government lies in the common people and not in an elite group of power brokers. It is the terrible Equity, Maritime or Admiralty Laws (laws of contract) that steals this power from the people and centralizes it into the hands of a few power oriented men. The Common Law deals in real property whereas the Equity Laws deal in written abstractions of performance (agreements or contracts). In other words, Masters own their own property, work and destiny. We are all Masters when we truly own our own property. Slaves do not own property, they usually rent property of another and are compelled to perform upon or with that rented (tenured) property according to some agreement or contract.
It is from such controversies involving property that all of our Rights have come. Property is known as Substance at the Common Law, and includes hard Money in the form of gold and silver coin as required by Our federal Constitution and every other State Constitution as they were all drafted to be in perfect harmony one with another.
Controversies involving these matters carry with them a Law jurisdiction, a jurisdiction in which all of our Rights are found. The Judge in a Court of Common Law is an impartial referee of the dispute, and he is bound to protect the Rights of the parties to the dispute, or he will have lost whatever jurisdiction he may have had, or claimed to have had. It is the Jury who decides whether or not the Facts of the case are valid and they also decide the Law - does it apply? Is it correct for this case?, etc. Only judges acting under equity law can decide law...
You know you are in an Equity/Admiralty Court when an American flag is displayed that has a GOLD trim. The gold trim denotes military jurisdiction and not Common Law or Constitutional jurisdiction. Wherever this flag is flown the Constitution is NOT. To see the civilian flag click here.
Gold and silver Coin are the only Things recognized at Law (within our Constitution) to be real and lawful money. Money is Substance in possession and not a Chose (thing) in action. When a debt is paid, at Law, the debt is extinguished; debt no longer exists; the debt is paid. Debt can only be paid with gold and silver Coin, or certificates redeemable on demand, at par, in gold and silver Coins. This is the legal meaning of the expression "tender in payment of debt", as found in Article I, Section 10 of the Constitution of the United States. Federal Reserve Notes are not money - they are bills/notes and/or certificates of indebtedness as each and every one of them are owed back to the Federal Reserve Bank who lent them to Us - plus interest.
Thomas Jefferson placed great emphasis on the concept of Rights. He said we did not bring the English Common Law, as such, to this continent; we brought the Rights of Man as evidenced through and by the tried and true ancient system of Common Law.
The Common Law of the States of the United States is the Common Law of England adopted by the original Constitution of the United States, so far as not modified by any alterations made by the Constitution of the State at the time of admission to the Union, and so far as not in direct conflict with the Constitution of the United States of America.
And the Common Law of the States may not be modified, limited nor abrogated either by an act of the legislature (Congress or State Legislature) or by a ruling of some judge or by any county board of commissioners or any other servant to the people. Federal and state bureaucracies are constantly writing and presenting code, rules or statutes in an attempt to circumvent the original Common Law foundation of Our Constitution. A major part of the problem that we are in is a result of these unlawful attempts by legislatures, judges and bureaucracies to modify or abrogate Common Law and thus Our Constitution.
MORE:
www.svpvril.com/OACL.html
by Howard Fisher and Dale Pond
Common Law is a real thing. It is a real system of laws derived from centuries of work, study and sacrifice of millions of people. It is not trivial and inconsequential as some would have you think. It is the Common Law that is most represented within Our Constitution, Declaration of Independence and Our Bill of Rights. These documents were designed to limit and eliminate the vicious Equity, Maritime or Admiralty Law which was what we revolted against as Our Revolution against the totalitarianism of England.
Did you know the Anglo-American system (Our system) of jurisprudence is the only one which developed out of what is called the Common Law, that is, the general law of private property known in the British Isles? It is true - Common Law was designed through the centuries to secure the rights of individuals (you and me) to property and to make it difficult for property to be taken away from us by a government or governmental structure (bureaucracy) without due process of law. The Common Law was expounded over the years in hundreds of thousands of case decisions as a result of trials in which the Common Law jury acted as the Judges, and in which they exercised the authority to hear and decide questions of both Law and fact. Common Law deals with legal relationships, powers and liabilities, and types of actions rather than theoretical definitions of abstract legal concepts. The Common Law was recognized by Our Founding Fathers and is the basis of all law in America today.
The Common Law recognizes the Power of Government lies in the common people and not in an elite group of power brokers. It is the terrible Equity, Maritime or Admiralty Laws (laws of contract) that steals this power from the people and centralizes it into the hands of a few power oriented men. The Common Law deals in real property whereas the Equity Laws deal in written abstractions of performance (agreements or contracts). In other words, Masters own their own property, work and destiny. We are all Masters when we truly own our own property. Slaves do not own property, they usually rent property of another and are compelled to perform upon or with that rented (tenured) property according to some agreement or contract.
It is from such controversies involving property that all of our Rights have come. Property is known as Substance at the Common Law, and includes hard Money in the form of gold and silver coin as required by Our federal Constitution and every other State Constitution as they were all drafted to be in perfect harmony one with another.
Controversies involving these matters carry with them a Law jurisdiction, a jurisdiction in which all of our Rights are found. The Judge in a Court of Common Law is an impartial referee of the dispute, and he is bound to protect the Rights of the parties to the dispute, or he will have lost whatever jurisdiction he may have had, or claimed to have had. It is the Jury who decides whether or not the Facts of the case are valid and they also decide the Law - does it apply? Is it correct for this case?, etc. Only judges acting under equity law can decide law...
You know you are in an Equity/Admiralty Court when an American flag is displayed that has a GOLD trim. The gold trim denotes military jurisdiction and not Common Law or Constitutional jurisdiction. Wherever this flag is flown the Constitution is NOT. To see the civilian flag click here.
Gold and silver Coin are the only Things recognized at Law (within our Constitution) to be real and lawful money. Money is Substance in possession and not a Chose (thing) in action. When a debt is paid, at Law, the debt is extinguished; debt no longer exists; the debt is paid. Debt can only be paid with gold and silver Coin, or certificates redeemable on demand, at par, in gold and silver Coins. This is the legal meaning of the expression "tender in payment of debt", as found in Article I, Section 10 of the Constitution of the United States. Federal Reserve Notes are not money - they are bills/notes and/or certificates of indebtedness as each and every one of them are owed back to the Federal Reserve Bank who lent them to Us - plus interest.
Thomas Jefferson placed great emphasis on the concept of Rights. He said we did not bring the English Common Law, as such, to this continent; we brought the Rights of Man as evidenced through and by the tried and true ancient system of Common Law.
The Common Law of the States of the United States is the Common Law of England adopted by the original Constitution of the United States, so far as not modified by any alterations made by the Constitution of the State at the time of admission to the Union, and so far as not in direct conflict with the Constitution of the United States of America.
And the Common Law of the States may not be modified, limited nor abrogated either by an act of the legislature (Congress or State Legislature) or by a ruling of some judge or by any county board of commissioners or any other servant to the people. Federal and state bureaucracies are constantly writing and presenting code, rules or statutes in an attempt to circumvent the original Common Law foundation of Our Constitution. A major part of the problem that we are in is a result of these unlawful attempts by legislatures, judges and bureaucracies to modify or abrogate Common Law and thus Our Constitution.
MORE:
www.svpvril.com/OACL.html