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Oct 15, 2012

The common law of each of the 50 states but one (Louisiana) derives from what is called "The Common Law of England."

In England, this law was derived from feudal tenures in real property as held by a succession of what were called tenants-in-chief and mesne (intermediate) lords or a pyramid of proprietors holding from the Ring on down. These tenures, however, never prevailed in the American colonies, as the Revolution proved. Instead, the land titles (not tenures) in the American states were called "allodial" (see Chapter 36 of the laws of 1787 of New York State as a good example), which meant that they were not, as in England, held from a principal original overlord (Ring or Crown), but each was owned outright by the proprietor. These are the same titles that prevailed in England prior to the coming of William of Normandy. The holders of them were called "roturiers."

Thus, it is clear that land titles throughout the United States are not held of the Federal Government, and since, by repeated Supreme Court decisions, there is no "general Federal common law," federal interests in land can be only equitable and not legal. They may be held by statute, but the statute will derive not from a legal principal or principle, but from an equitable one, that is, one outside the "common law." This situation was crystallized by the decision in the Erie R.R. case (304 U.S. 64) and other subsequent thereto.

The principal point in this is that the Federal government can never acquire common law rights in real property in the United States individually or supremacy over it except through the law of the States or by equitable means from other sources. The ace in the hole is that no State titles are equitable titles.

Article I, Section 10, clause 1, of the Federal Constitution was designed precisely to protect landed property from assaults through the subterfuge of equitable bases, particularly irredeemable paper money as "legal tender for all debts" and not "legal tender in payment of debts."

That is, all legal transfers of real property were accomplished by delivery of the substance itself, "turf and twig," that is what a "deed" always witnessed; the actual delivery of the substance of the land, and not a mere right to enjoy at someone else's pleasure. This fact clearly shows the difference between a "title" and a "tenure." Titles are allodial, tenures are feudal, in origin. Titles have not paramount overlord, tenures do. It's that simple.

Thus, anyone wishing to acquire control over all the land in the United States must base his approach on something besides a "general federal common law," which is the law of substance or land and hard money. The only way to accomplish this through the federal government is by equitable means. That is, with the use of debt-money at the federal level.

Such is the use of the Federal Reserve; to smother the nation in money which is equitable (irredeemable) and not legal. Legal money is standard substance, equitable money is a promise of the substance. Equitable money is money which can confiscate real property by extra-legal means otherwise "lawful." Although "equitable" and "legal" are both "lawful" and not the other way around. Nor are the terms "legal" and "lawful" synonymous or interchangeable. This is why the Federal Reserve Notes are called "lawful money" (equitable) not "legal money."

So we see that the purpose of the Federal Reserve is to accomplish on the Federal level what the Constitution forbids on the State level. Or more explicitly, to evade the Constitution on the issue of coin in order to acquire title to the lands of the States and convert them into tenures.

This is partly accomplished through the so-called "purchase-money-mortgages" given out by the banks, among other things. But more than that, it subjects the citizens of states to burdens which the States are powerless to impose (i.e. paper money), by compelling citizens of States to deal with the States only through the banks and their "equitable" money and other negotiable instruments under the Law Merchant (private), while the banks deal with the States in the teal stuff of money orders.

The object in the end is to create a "general federal equity" in place of a "general federal common law," outlawing all local common law of the States in landed property, replacing President with Chancellor at the Federal level. And the joker is that where "common law" belongs to the People in their juries, "equity" belongs only to the Executive. This is the deceitful executive summary "Law and Order" on statutes promoted by the Birch Society, A Rockefeller front, in the name of a "better world," and "under God" of course, which front studiously ignores the transformation of our Republic of Separation of Powers into a Parliamentary "Republic" so-called, under which the Legislative and Executive (as in a corporation) are united. This is the Birch Society's meaning of "Republic," in which "We the People" have been totally defrauded of our common law juries incorporated into the Executive; our common law turned into the Roman Civil Law of the Chancellors. It is this puppet-Chancellor which the 25th Amendment was designed to bring to America by incorporating the Executive into the Legislative. In plain fact, a "parliamentary" Republic is an anomaly because there is not such a thing. A President is not a Congress or a Parliament, nor, except in European countries, is a Congress an Executive, as the British Parliament was that forced us to Revolution.
It was precisely against this law of the Chancellors that the 5th and 7th Amendments and others were designed to protect us.


The 16th Amendment and the Federal Reserve both came into being in the 1913, the same year in which new Federal Equity Rules were made. The purpose of the Federal Reserve and their Notes: To subject all interstate commerce to the rule of Equity (overruling Swift v. Tyson) upon the claim that there is not general Federal Common Law (except FRN's). (National Bank "common law" is law of private property as expounded in the case decisions, and underwritten). (Law upon a statute is either civil or criminal).

Thus, they acquired the means of evading the injunction of Article I, Section 10, clause 1 on the issue of tender of the states by using private contract. So, in 1938, they made it official by Erie R.R. By it, the Law Merchant was taken out of the common law and put into Equity, where it could be "judicially noticed" in any jurisdiction. Law Merchant = Summary Judgment = "Natural Law."

FRN's found lawful by Milam, which reiterated the legal tender cases of 1884 (Julliard, for example). The meaning is that the Federal Government can outlaw common law on the federal level and replace it with equity enforceable by statutes and a new manner of pleading. This is the system of "confession and avoidance," which turns the courts into trading and bargaining pits.

But the Federal Government cannot (by Article I, Section 10, clause 1) outlaw the substance of the common law of the several states and thus regulate commerce within the states by compelling equitable money (commercial paper, negotiable instruments) in exchange between States and citizens of states. Nor can the States.

Look carefully at the State Civil Practice Law and Rules. The "Law" is the Law of the State; the Rules are the Equity of the Law Merchant. The simplest plea in State Tax cases is inability to perform. And no lawyer has ever told anyone that! No Federal law can outlaw the Cash basis of the law imposed on the States by Article I, Section 10. In the same connection, the Federal Government cannot touch allodial land titles in the States, nor turn equitable mortgages into legal ones by magic. The single solitary issue - money and credit. We can't win on any other. Under the Commerce clause, Congress can regulate (by FRN's) interstate commerce (international as well), but it cannot touch the relationship between a citizen and his State.

http://famguardian.org/Subjects/Taxes/Articles/DispatchOfMerchants.htm#Appendix-I COMMON LAW AND STANDARD SPECIE