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the white rose
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09/29/2011 10:29 AM
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Between 1868 and 1933, the 14th Amendment had little affect upon the general population. This was because the people still controlled the substance of their law. That is, the only people affected by the 14th Amendment relation during this time were those that held licenses and contracts with the government of the United States or were in its employment. It was not until June 5, 1933 that the 14th Amendment took on a whole new power. On that date H.J.R. (House Joint Resolution) 192 was passed and the American people voluntarily gave up their Law because they voluntarily gave up their gold.

That is correct, the people voluntarily gave up their Law. To read the history just after that time and talk to people who lived through it, they will tell about the government agents who came around to confiscate the gold that was in the possession of the people. It appeared from what took place that the people were forced to give up their gold. However, that is not what could have happened. Going along with the "Public Policy" of HJR 192 was actually a voluntary act - "and is mutable at will."/60 Thus the individual was a victim of his own ignorance about the Law. By accepting the offer of the private credit, the population was automatically bound over to the private trust, now having gone public because the whole population was moved wholesale into the trust by their silent or negative acceptance. When 51% of the population volunteered for the private trust it became a Public Trust.

To understand issues that proceeded the 1933 event, we must go back to 1834 when the U.S. Supreme Court declared in Wheaton v. Peters/61 that there was no federal common law. In other words, the federal government was not set up under the common law as a "state in the Union," such as Pennsylvania, Virginia, New York, etc.. These states were based upon the substance of the common law and its allodial land titles. Allodial means there are no overlords upon the land, therefore, man is his own King upon the land. The gold and silver that came from the allodial land were public money used for private trade between the citizens of the states. This meant there were no third parties involved in the trading contracts because there was no private enterprise trust (as the 14th Amendment) dictating public policy. Trade among the states, at that time, involved two party contracts called free enterprise. The commercial trade taking place between the states was mostly in its infant stages and was regulated by the common law. Yet, the common law of each colony was foreign to each of the other colonies without any standard of trade. Most of the commercial (political commercial/62) trade involved international trade which was regulated under admiralty/maritime law outside constitutional mandates.

With the growth of commerce between the states, there became a need to try and standardize some form of commercial law. Each state had its own laws of commerce, as based on the common law, and this created great problems when it came to which state's laws were to be enforced when disputes arose. A federal circuit court judge, by the name of Joseph Story, was a pioneer in trying to form some sort of standard in commercial law that would appeal not only to the federal courts, but also to the state courts.

When Story was appointed to the supreme court of the united States he became the principle advocate in the landmark decision of Swift v. Tyson,/63 establishing a general federal (civil commercial/64) common law so as to create uniformity in commercial disputes involving negotiable instruments in federal and state courts./65 The decision was based, in part, on the fact that gold and silver coins, as the substance of the common law, were being transported between states in commerce. As a result of the substance of the common law being used in commerce, a jury trial was possible in the federal circuit courts. The court proceedings were strictly operated under authority of Article III, Section 2 of the Constitution.

Justice Story/66 had been aware of Robert Owen's communal concepts in 1833 and the influence it could have on the loss of gold as a fixed standard in trade. Owen was instrumental in promoting ideas of how to move private communal commerce into the public sector. To accomplish this, the law would have to be changed in order to obtain the maximum financial stimulus for commercial growth. For a man like Story, who knew the relationship of gold to the Law, he could read the handwriting on the wall. With the undercurrent of corporate special interest scheming that started in 1833, Story knew that somewhere down the road the American people would lose their Law. He knew this would eventually allow private law (private law merchant) to be moved into the public sector controlling public policy, resulting in the loss of general (commercial) common law for those involved. In other words, separation of powers would be lost in favor of the private commercial corporate business to the detriment of the average citizen.

Also in the 1842 Swift v. Tyson decision, Justice Story would assure a trial by jury in a civil cause between states even if there was no gold standard in the future.

What does a jury have to do with the fixed gold standard? Gold was the land because it not only came from the land, but it was also transportable real estate (portable allodium). The ancient common law was based on the real property boundaries or soil that belonged to a person and anything that came from that ground or soil, such as gold or any other precious mineral or rock, was considered substance of the soil in the common law./67 Gold in the hands of the common person meant the public municipal law (Public Law merchant) was "supreme" because the person controlled the gold or land where the goods were produced. In the true historic sense of the common law, the only person who counted was the land owner. That is, you could be equivalent to a slave if you did not own land. Also, at the beginning of our country, one could not vote unless they owned land. In a jury trial, the jury had to be made up of the peers of the person on trial. The only true peer of a non-commercial individual land owner under the common law was another land owner. Land ownership being based on absolute rights with allodial titles - no outside private equitable interest or overseer involved.

Historically, the commercial traders and merchants were nomads. They were not land owners nor were they producers. What they made money on was trading in the commodities the land owners produced. In other words, they were the original broker middle men. When the fixed gold standard was removed, it meant that everyone had been shifted from the civil commerce (Public Law merchant) side of the law to the political commence (private law merchant) side of the law. Where once you were considered to control the land and the Law absolutely, now you are considered to be a non-producing trader with only relative equitable rights - land or no land. The result is that there is no more possibility of a trial to judge the public municipal law, rather the trial would be based on the facts of the private implied contract you were now assumed to be involved in. You are assumed to be guilty before proven innocent. It is the Roman civil law that makes you guilty by accusation requiring you to prove your innocence.

Swift v. Tyson has been in effect since 1842. However, the Erie Railroad v. Tompkins/68 decision of 1938 stated that there was no longer "general federal common law." The Erie Railroad case was based on the fact that it was assumed that all citizens in the United States have been included in contractual commerce of the private law merchant (through the 14th Amendment and HJR 192) outside the Constitution as allowed by Article I, Section 8, Clause 17. The Erie Railroad decision came five years after HJR 192 (the removal of the fixed gold standard). This allowed enough time to pass so the when people realized that they had no right to a real jury trial, they would not panic. Erie Railroad was based on HJR 192 because the fixed standard (the law or the gold) of money was removed.

It is now up to the individual which commerce he wants to be a part of, for it is a political choice. Do you want to be a part of the political commerce under the private law merchant of the 14th Amendment sustained by Erie Railroad v. Tompkins? Or do you want to have absolute liberty and all the absolute freedoms of civil commerce under the Public Law merchant as supported by Swift v. Tyson? Remember, the courts will not question your political choice but they must uphold it. However, unless you take the proper action, your choice will be assumed to be with the private law merchant.

With HJR 192, the substance of your law - gold - was turned into commodities. That is, the fixed standard, at $35.00 per troy ounce of weight and fineness of your money was removed. Once the money no longer had a fixed standard, it could then fluctuate according to supply and demand just like a commodity i.e., a bushel of grain. This had the same effect on real property as well - this is called inflation. Money is the only Thing in the United States that has no fixed standard. [link to www.freedom-school.com] [link to www.theforbiddenknowledge.com] the white rose