slug.com slug.com

2 0

RULE OF LAW: Black’s Law Dictionary, 5th Ed., page 1196

“Rule of Law: A legal principle, or general application, sanctioned by the recognition of authorities, and usually expressed in the form of a MAXIM or logical proposition. Called a ‘rule’ because in doubtful or unforeseen cases it is a guide or norm for their decision. The rule of law, sometimes called “the supremacy of law” provides that decisions should be made by the application of KNOWN PRINCIPLES or LAWS without the intervention of discretion in their application”

Here's a LINK to a webpage of legal MAXIMS: [ecclesia.org]

Question: Is the "rule of law" unique to each form or jurisdiction of law? Such as, does the US martial law (UCMJ) have its own "KNOWN PRINCIPLES" or "LAWS"? Does the US Admiralty/Maritime commercial law have its own "KNOWN PRINCIPLES" or "LAWS"? Does every form of law have its own unique "KNOWN PRINCIPLES" or "LAWS"? YES!

So the "rule of law" varies with whatever form of "law" you're choosing to operate under. Its like this: Does FOOTBALL have its own "rule of law" (rules to follow when playing football)? Does BASEBALL have its own "rule of law"? Yes.

When 14th Amendment US citizens clamor about the "rule of law" but do not specify which form of law they are referencing, and how the "rule of law" in that specific jurisdiction is being broken they prove their foolishness and ignorance.

*Discretion is one person acting according to their own judgment & conscience. The rule of law means FOLLOWING THE LONG ESTABLISHED MAXIMS WITHOUT IMPARTING YOUR OWN PERSONAL OPINIONS, what you THINK of BELIEVE. In both CIVIL LAW and COMMON LAW, the law doesn’t give a damn about what you think, feel or believe. Its irrelevant. But you must KNOW the RULES for the form of law that you're operating in, because like playing different sports, the rules change depending on which form/jurisdiction of law your playing with.

For example many people erroneously believe that the Maritime law doesn't have a criminal jurisdiction, only a civil jurisdiction, but this is false, see quote:

“But surely this doctrine cannot be true; for it is perfectly clear, that the admiralty from the highest antiquity, has exercised a very extensive criminal jurisdiction, and punished offences by fine and imprisonment. The celebrated inquestion at Queensborough, in the reign of Edward III., would alone be decisive. And even at common law it has been adjudged, that the admiralty might fine for a contempt. As to the other reason for its not being a court of record, viz. that it proceeds according to the course of the civil law, and that an appeal, and not a writ of error, lies from its decrees; they have nothing to do with the question, for whether a court of record or not does not depend upon the form of proceeding in any court. Besides, the admiralty is expressly recognised as a court of record in King Edward's ordinance at Grimsby, where it is said, ‘La cause estoit pour ce que l'admiral et ses lieutenants sont de record’ (Exton, 27); and, in the articles in the Black Book of the Admiralty, it is articulately declared, ‘Quod admirallus et locum tenentes sui sunt de recordo’.” Justice Story, US Circuit Court, District of Massachusetts, Delovio v. Boit, 7 F. Cas. 418 (1815).

Question: In most courts today do persons file an APPEAL or Writ of Error? What form of law uses APPEAL? Civil Law: Admiralty. So the "rule of law" for Admiralty is an "appeal" while the "rule of law" for the common law is a "writ of error".

Melancton 6 Dec 20
Share

Be part of the movement!

Welcome to the community for those who value free speech, evidence and civil discourse.

Create your free account

2 comments

Feel free to reply to any comment by clicking the "Reply" button.

0

"Such as, does the US martial law (UCMJ) have its own "KNOWN PRINCIPLES" or "LAWS"? Does the US Admiralty/Maritime commercial law have its own "KNOWN PRINCIPLES" or "LAWS"? Does every form of law have its own unique "KNOWN PRINCIPLES" or "LAWS"? YES!"

Yes, for those who know them, and demonstrably no for those who don't know them. Counterfeit Law does not work if the targets are not fooled.

"It was a principle of the Common Law, as it is of the law of nature, and of common sense, that no man can be taxed without his personal consent. The Common Law knew nothing of that system, which now prevails in England, of assuming a man’s own consent to be taxed, because some pretended representative, whom he never authorized to act for him, has taken it upon himself to consent that he may be taxed. That is one of the many frauds on the Common Law, and the English constitution, which have been introduced since Magna Carta. Having finally established itself in England, it has been stupidly and servilely copied and submitted to in the United States."
Lysander Spooner, Essay on The Trial by Jury, 1852

"So the "rule of law" varies with whatever form of "law" you're choosing to operate under. Its like this: Does FOOTBALL have its own "rule of law" (rules to follow when playing football)? Does BASEBALL have its own "rule of law"? Yes."

Again, no, when those making up rules as they please (arbitrary government) have rules that they enforce on the slaves that are demonstrably not rules that the Special Interest "Elite" do not enforce upon themselves. The rules that keep organized crime working, with extensive documentation proving that one set of rules are for the counterfeiters and another set of rules enforced by the counterfeiters upon their slaves, and yet another set of rules employed by moral people.

  1. Rules enforced by criminals upon victims.
  2. Rules that aid criminals to organize and avoid infighting among the criminals
  3. Rules that govern moral people (see: the common law, Mathew 7:12 The Golden Rule, as documented in such records as a Declaration of Independence, a Bill of Rights, and jury decisions that constitute a vast library of examples of just decision, loosely, or generally, called precedent)

"When 14th Amendment US citizens clamor about the "rule of law" but do not specify which form of law they are referencing, and how the "rule of law" in that specific jurisdiction is being broken they prove their foolishness and ignorance."

Yes, as contained in such terms as per se, and proprio persona, where almost everyone has a different interpretation of the meaning of either, which then creates a demand for an "official" member of the UNION of Special Interests, to let you have the magic meaning if you bend over and allow those "officials" to fuck you in the ass.

An individual in common law, the law of the land, rule of law, is always on an equal footing at law with anyone else, even of the contention, quarrel, conflict, dispute, or cause of action at law, involves people in black robes, with licenses, and titles of nobility, written on used toilet paper, parchment, or the skin of people who have been tortured to death by the criminals who take over governments and religions.

"But you must KNOW the RULES for the form of law that you're operating in, because like playing different sports, the rules change depending on which form/jurisdiction of law your playing with."

Ok, whatever, the 3 sets of rules already mentioned can be broken down further into two sets of rules:

  1. Rules governing people who WILL do onto others that which they defend against other's doing to them.

  2. Rules governing people who actively avoid doing onto others that which they would defend against other's doing to them.

If people want to join the criminal gangs they must learn the rules, and of course those rules are arbitrarily changed at the exclusive pleasure of the more powerful criminals upon the less powerful criminals.

If people instead want to defense against criminals, there is a set of rules branching off of the obviously, demonstrably, moral compass explained so eloquently in Mathew 7:12.

Or explained in greater detail here:

"It was a principle of the Common Law, as it is of the law of nature, and of common sense, that no man can be taxed without his personal consent. The Common Law knew nothing of that system, which now prevails in England, of assuming a man’s own consent to be taxed, because some pretended representative, whom he never authorized to act for him, has taken it upon himself to consent that he may be taxed. That is one of the many frauds on the Common Law, and the English constitution, which have been introduced since Magna Carta. Having finally established itself in England, it has been stupidly and servilely copied and submitted to in the United States.

"If the trial by jury were reëstablished, the Common Law principle of taxation would be reëstablished with it; for it is not to be supposed that juries would enforce a tax upon an individual which he had never agreed to pay. Taxation without consent is as plainly robbery, when enforced against one man, as when enforced against millions; and it is not to be imagined that juries could be blind to so self-evident a principle. Taking a man’s money without his consent, is also as much robbery, when it is done by millions of men, acting in concert, and calling themselves a government, as when it is done by a single individual, acting on his own responsibility, and calling himself a highwayman. Neither the numbers engaged in the act, nor the different characters they assume as a cover for the act, alter the nature of the act itself.

"If the government can take a man’s money without his consent, there is no limit to the additional tyranny it may practise upon him; for, with his money, it can hire soldiers to stand over him, keep him in subjection, plunder him at discretion, and kill him if he resists. And governments always will do this, as they everywhere and always have done it, except where the Common Law principle has been established. It is therefore a first principle, a very sine qua non of political freedom, that a man can be taxed only by his personal consent. And the establishment of this principle, with trial by jury, insures freedom of course; because:

"1. No man would pay his money unless he had first contracted for such a government as he was willing to support; and,

"2. Unless the government then kept itself within the terms of its contract, juries would not enforce the payment of the tax. Besides, the agreement to be taxed would probably be entered into but for a year at a time. If, in that year, the government proved itself either inefficient or tyrannical, to any serious degree, the contract would not be renewed.

"The dissatisfied parties, if sufficiently numerous for a new organization, would form themselves into a separate association for mutual protection. If not sufficiently numerous for that purpose, those who were conscientious would forego all governmental protection, rather than contribute to the support of a government which they deemed unjust.

"All legitimate government is a mutual insurance company, voluntarily agreed upon by the parties to it, for the protection of their rights against wrong-doers. In its voluntary character it is precisely similar to an association for mutual protection against fire or shipwreck. Before a man will join an association for these latter purposes, and pay the premium for being insured, he will, if he be a man of sense, look at the articles of the association; see what the company promises to do; what it is likely to do; and what are the rates of insurance. If he be satisfied on all these points, he will become a member, pay his premium for a year, and then hold the company to its contract. If the conduct of the company prove unsatisfactory, he will let his policy expire at the end of the year for which he has paid; will decline to pay any further premiums, and either seek insurance elsewhere, or take his own risk without any insurance. And as men act in the insurance of their ships and dwellings, they would act in the insurance of their properties, liberties and lives, in the political association, or government.

"The political insurance company, or government, have no more right, in nature or reason, to assume a man’s consent to be protected by them, and to be taxed for that protection, when he has given no actual consent, than a fire or marine insurance company have to assume a man’s consent to be protected by them, and to pay the premium, when his actual consent has never been given. To take a man’s property without his consent is robbery; and to assume his consent, where no actual consent is given, makes the taking none the less robbery. If it did, the highwayman has the same right to assume a man’s consent to part with his purse, that any other man, or body of men, can have. And his assumption would afford as much moral justification for his robbery as does a like assumption, on the part of the government, for taking a man’s property without his consent. The government’s pretence of protecting him, as an equivalent for the taxation, affords no justification. It is for himself to decide whether he desires such protection as the government offers him. If he do not desire it, or do not bargain for it, the government has no more right than any other insurance company to impose it upon him, or make him pay for it.

"Trial by the country, and no taxation without consent, were the two pillars of English liberty, (when England had any liberty,) and the first principles of the Common Law. They mutually sustain each other; and neither can stand without the other. Without both, no people have any guaranty for their freedom; with both, no people can be otherwise than free."
Lysander Spooner, Essay on The Trial by Jury

"For example many people erroneously believe that the Maritime law doesn't have a criminal jurisdiction, only a civil jurisdiction, but this is false, see.................more bullshit.

Civil according to criminals:

The Cambridge History of Law in America
Volume 1 Early America (1580-1815)
Edited by Michael Grossberg, Christopher Tomlins

"In all previous cases, and in the protracted English attempts to seize parts of northern France, conquest had been justified on the grounds of dynastic inheritance: a claim, that is, based on civil law. In America, however, this claim obviously could not be used. There would seem, therefore, to be no prima facie justification for "conquering", the Indians since they had clearly not given the English grounds for waging war against them.
Like the other European powers, therefore, the English turned to rights in natural law, or - more troubling - to justifications based on theology. The Indians were infidels, "barbarians," and English Protestants no less than Spanish Catholics had a duty before God to bring them into the fold and, in the process, to "civilize" them. The first Charter of the Virginia Company (1606) proclaimed that its purpose was to serve in "propagating of Christian religion to such people, [who] as yet live in darkness and miserable ignorance of the true knowledge and worship of God, and may in time bring the infidels and savages living in these parts to humane civility and to a settle and quiet government." In performing this valuable and godly service, the English colonists were replicating what their Roman ancestors had once done for the ancient Britons. The American settlers, argued William Strachey in 1612, were like Roman generals in that they, too, had "reduced the conquered parts of or barbarous Island into provinces and established in them colonies of old soldiers building castles and towns in every corner, teaching us even to know the powerful discourse of divine reason."

"In exchange for these acts of civility, the conqueror acquired some measure of sovereignty over the conquered peoples and, by way of compensation for the trouble to which he had been put in conquering them, was also entitled to a substantial share of the infidels' goods. Empire was always conceived to be a matter of reciprocity at some level, and as Edward Winslow nicely phrased it in 1624, America was clearly a place where "religion and profit jump together." For the more extreme Calvinists, such as Sir Edward Coke who seems to have believed that all infidels, together presumably with all Catholics, lay so far from God's grace that no amount of civilizing would be sufficient to save them, such peoples might legitimately be conquered; in Coke's dramatic phrasing, because "A perpetual enemy (though there be no wars by fire and sword between them) cannot maintain any action or get any thing within this Realm, All infidels are in law perpetui inimici, perpetual enemies, (for the law presumes not that they will be converted, that being remota potential, a remote possibility) for between them, as with devils, whose subjects they be, and the Christians, there is perpetual hostility and can be no peace."

"Like all Calvinists, Coke adhered to the view that as infidels the Native Americans could have no share in God's grace, and because authority and rights derived from grace, not nature, they could have no standing under the law. Their properties and even their persons were therefore forfeit to the first "godly" person with the capacity to subdue them. "if a Christian King," he wrote, "should conquer a kingdom of an infidel, and bring them [sic] under his subjection, there ipso facto the laws of the infidel are abrogated, for that they be not only against Christianity, but against the law of God and nature contained in the Decalogue." Grounded as this idea was not only in the writings of Calvin himself but also in those of the fourteenth-century English theologian John Wycliffe, it enjoyed considerable support among the early colonists. As the dissenting dean of Gloucester, Josiah Tucker, wrote indignantly to Edmund Burke in 1775, "Our Emigrants to North-America, were mostly Enthusiasts of a particular Stamp. They were that set of Republicans, who believed, or pretended to believe, that Dominion was founded in Grace. Hence they conceived, that they had the best Right in the World, both to tax and to persecute the Ungoldy. And they did both, a soon as they got power in their Hands, in the most open and atrocious Manner."
By the end of the seventeenth century, however, this essentially eschatological argument had generally been dropped. If anything it was now the "papists" (because the canon lawyers shared much the same views as the Calvinists on the binding nature of grace) who were thought to derive rights of conquest from the supposed ungodliness of non-Christians. The colonists themselves, particularly when they came in the second half of the eighteenth century to raid the older discussions over the legitimacy of the colonies in search of arguments for cessation, had no wish to be associated with an argument that depended upon their standing before God. For this reason, if for no other, it was as James Otis noted in 1764, a "madness" which, at least by his day, had been "pretty generally exploded and hissed off the stage."

"Otis, however, had another more immediate reason for dismissing this account of the sources of sovereign authority. For in America had been conquered, it followed that the colonies, like all other lands of conquest, were a part not of the King's realm but of the royal demesne. This would have made them the personal territory of the monarch, to be governed at the King's "pleasure," instead of being subject to English law and to the English Parliament. It was this claim that sustained the fiction that "New England lies within England, " which would govern the Crowns' legal association with its colonies until the very end of the empire itself. As late as 1913, for instance, Justice Isaac Isaacs of the Australian High Court could be found declaring that, at the time Governor Arthur Phillip received his commission in 1786, Australia had, rightfully or wrongly, been conquered, and that "the whole of the lands of Australia were already in law the property of the King of England," a fact that made any dispute over its legality a matter of civil rather than international law."

Introduction in my copy of The Prince by Niccolo Machiavelli
"Machiavelli's outlook was darkly pessimistic; the one element of St Augustine's thought which he wholeheartedly endorsed was the idea of original sin. As he puts it starkly in the same chapter 18 of The Prince, men are bad. This means that to deal with them as if they were good, honourable or trustworthy is to court disaster. In the Discourses (I,3) the point is repeated: 'all men are bad and are ever ready to display their malignity'. This must be the initial premise of those who play to found a republic. The business of politics is to try and salvage something positive from this unpromising conglomerate, and the aim of the state is to check those anarchic drives which are a constant threat to the common good. This is where The Prince fits into the spectrum of his wider thought: while a republic may be his preferred form of social organization, the crucial business of founding or restoring a state can only be performed by one exceptional individual."

Criminals - as a rule - deceive people. Criminals can convince their victims that they are above the laws they enforce on their victims. Is that news to anyone?

"“But surely this doctrine cannot be true; for it is perfectly clear, that the admiralty from the highest antiquity..."

Bullshit.

Admiralty RULE is a nice sounding word for despotic rule, arbitrary rule, rule by the powerful criminals over the less powerful victims. The history on this is uncontroversial. If there was once a "law of the sea" as if it were different from land, then it would be law so long as it follows the law of agreement, a natural law, such as explained in Mathew 7:12, or the common law.

If a "Admiral" begins to abuse power, the victims are duty bound to arrest that abuse of power. Of course the Admiral abusing power is going to claim "Mutiny."

The same works on land, see for example, The Revolutionary War.

"Question: In most courts today do persons file an APPEAL or Writ of Error? What form of law uses APPEAL? Civil Law: Admiralty. So the "rule of law" for Admiralty is an "appeal" while the "rule of law" for the common law is a "writ of error"."

So...rhetorical question or question begging?

How does "appeal" fit into "double jeopardy" without resorting to deception?

@Melancton

I don't have to be a slave, but then again there is the FED.

"Plaintiff admitted that it, in combination with the Federal Reserve Bank of Minneapolis, which are for all practical purposes, because of there interlocking activity and practices, and both being Banking Institutions Incorporated under the Laws of the United States, are in the Law to be treated as one and the same Bank, did create the entire 14,000.00 in money or credit upon its own books by bookkeeping entry. That this was the Consideration used to support the Note dated May 8, 1964 and the Mortgage of the same date. The money and credit first came into existence when they created it. Mr. Morgan admitted that no United States Law or Statute existed which gave him the right to do this. A lawful consideration must exist and be tendered to support the Note. See Anheuser-Bush Brewing co. V. Emma Mason, 44 Minn. 318. The Jury found there was no lawful consideration and I agree. Only God can create something of value out of nothing."
STATE OF MINNESOTA
COUNTY OF SCOTT
First National Bank of Montgomery, Plaintiff
vs
Jerome Daly, Defendant.
December 9, 1968

0

"Question: Is the "rule of law" unique to each form or jurisdiction of law?"

I want to go on reading after that question is addressed. I read that question. I stopped reading, and I read the "Maxim" from "Black's Law."

Black's Law is known for bias towards arbitrary government, not rule of law, so it may be a good idea to figure that out straight away, rather than being turned by deceit into stupid servility.

The word "jurisdiction" in common law (rule of law) is anywhere criminal aggressors cause a demand for lawful defense. Each individual has born into them (genetic moral conscience) a duty to command jurisdiction because a criminal causes that demand for each individual to command jurisdiction in time and place sufficient to overpower the criminal, if it is humanly possible. The power to decide to act in defense, as defensive power is warranted by the "cause of action" caused by the criminal aggressor - the power to decide - is in each individual, each time, each place, before, during, or after the crime follows through as dictated by the criminal who decided to take a criminal path.

This is demonstrated in the following message from an individual who has done extensive homework on the subject matter plopped onto the table of Public Discourse.

The Conviction Factory, The Collapse of America's Criminal Courts, by Roger Roots
Page 40
Private Prosecutors
"For decades before and after the Revolution, the adjudication of criminals in America was governed primarily by the rule of private prosecution: (1) victims of serious crimes approached a community grand jury, (2) the grand jury investigated the matter and issued an indictment only if it concluded that a crime should be charged, and (3) the victim himself or his representative (generally an attorney but sometimes a state attorney general) prosecuted the defendant before a petit jury of twelve men. Criminal actions were only a step away from civil actions - the only material difference being that criminal claims ostensibly involved an interest of the public at large as well as the victim. Private prosecutors acted under authority of the people and in the name of the state - but for their own vindication. The very term "prosecutor" meant criminal plaintiff and implied a private person. A government prosecutor was referred to as an attorney general and was a rare phenomenon in criminal cases at the time of the nation's founding. When a private individual prosecuted an action in the name of the state, the attorney general was required to allow the prosecutor to use his name - even if the attorney general himself did not approve of the action.
Private prosecution meant that criminal cases were for the most part limited by the need of crime victims for vindication. Crime victims held the keys to a potential defendant's fate and often negotiated the settlement of criminal cases. After a case was initiated in the name of the people, however, private prosecutors were prohibited from withdrawing the action pursuant to private agreement with the defendant. Court intervention was occasionally required to compel injured crime victims to appear against offenders in court and "not to make bargains to allow [defendants] to escape conviction, if they...repair the injury."

Page 42
Law Enforcement as a Universal Duty
"Law enforcement in the Founders' time was a duty of every citizen. Citizens were expected to be armed and equipped to chase suspects on foot, on horse, or with wagon whenever summoned. And when called upon to enforce the laws of the state, citizens were to respond "not faintly and with lagging steps, but honestly and bravely and with whatever implements and facilities [were] convenient and at hand. Any person could act in the capacity of a constable without being one, and when summoned by a law enforcement officer, a private person became a temporary member of the police department. The law also presumed that any person acting in his public capacity as an officer was rightfully appointed."

My plan is to read the rest of the original post and see if there is a demand that I see for further comments. It is, as my choice, my jurisdiction to discover falsehoods, and defend against them, particularly falsehoods originating from criminals who WILL counterfeit RULE OF LAW, turning defensive action into offensive, criminal, action, doing so with false claims of lawful authority.

@Melancton

Are you a bot?

As to fake consent:

True Civilization.
Warren, Josiah
(1863) Boston, Mass.

"Constitutions, statutes, rules, axioms, and all verbal formulas are subject to various and conflicting interpretations, all growing out of the inherent and indestructible Individuality of different minds. A compact between parties who do not understand it alike is null and void, because they have not consented to the same thing, even if they have signed it! What is to be done with this fact? We can do nothing with it but accept it as an irrefutable truth, and provide means of dispensing with whatever conflicts with it.

[dwardmac.pitzer.edu]

Authorities over elusive facts in a world of deceivers earn their authority over elusive facts as competitors compete to discover and then employ those elusive facts, some are better at it that others.

Claiming that fraud is consent is as fraudulent as frauds claiming that there is no evidence of fraud.

"Admiralty/Maritime has reigned over commerce for millennia."

An authority at sea or land is only an authority over the facts that matter in each case of controversy as they manage to avoid stepping from authority over facts into the realm of abusing legal power whereby the criminal abuser of legal power chooses to deceive those who are dependent upon order derived through consent.

The history of abuse of power involving so-called Admiralty Law is extensive.

At the time of Magna Carta, for example, Summary Justice Debt Collection Courts were a method by which convicts at law (common law) were bribed to accept "appellate jurisdiction" as a means of escaping the judgment of their peers at law (common law), and a method by which fraudulent debt claims could be extorted out of the population suffering under Summary Justice Debt Collection Courts.

  1. Court of Law (truth be told)
  2. Admiralty
  3. Equity
  4. Exchequer
  5. Chancellery
  6. Nisi Prius
  7. Summary Justice Debt Collection System of Fake Consent to Contract yourself into slavery: an absurdity.

FAKE CONSENT:

"Taxes, like income, are an excise on a privilege."

Actualized factual consent through due process of law:

"It was a principle of the Common Law, as it is of the law of nature, and of common sense, that no man can be taxed without his personal consent. The Common Law knew nothing of that system, which now prevails in England, of assuming a man’s own consent to be taxed, because some pretended representative, whom he never authorized to act for him, has taken it upon himself to consent that he may be taxed. That is one of the many frauds on the Common Law, and the English constitution, which have been introduced since Magna Carta. Having finally established itself in England, it has been stupidly and servilely copied and submitted to in the United States.

"If the trial by jury were reëstablished, the Common Law principle of taxation would be reëstablished with it; for it is not to be supposed that juries would enforce a tax upon an individual which he had never agreed to pay. Taxation without consent is as plainly robbery, when enforced against one man, as when enforced against millions; and it is not to be imagined that juries could be blind to so self-evident a principle. Taking a man’s money without his consent, is also as much robbery, when it is done by millions of men, acting in concert, and calling themselves a government, as when it is done by a single individual, acting on his own responsibility, and calling himself a highwayman. Neither the numbers engaged in the act, nor the different characters they assume as a cover for the act, alter the nature of the act itself.

"If the government can take a man’s money without his consent, there is no limit to the additional tyranny it may practise upon him; for, with his money, it can hire soldiers to stand over him, keep him in subjection, plunder him at discretion, and kill him if he resists. And governments always will do this, as they everywhere and always have done it, except where the Common Law principle has been established. It is therefore a first principle, a very sine qua non of political freedom, that a man can be taxed only by his personal consent. And the establishment of this principle, with trial by jury, insures freedom of course; because:

"1. No man would pay his money unless he had first contracted for such a government as he was willing to support; and,

"2. Unless the government then kept itself within the terms of its contract, juries would not enforce the payment of the tax. Besides, the agreement to be taxed would probably be entered into but for a year at a time. If, in that year, the government proved itself either inefficient or tyrannical, to any serious degree, the contract would not be renewed.

"The dissatisfied parties, if sufficiently numerous for a new organization, would form themselves into a separate association for mutual protection. If not sufficiently numerous for that purpose, those who were conscientious would forego all governmental protection, rather than contribute to the support of a government which they deemed unjust.

"All legitimate government is a mutual insurance company, voluntarily agreed upon by the parties to it, for the protection of their rights against wrong-doers. In its voluntary character it is precisely similar to an association for mutual protection against fire or shipwreck. Before a man will join an association for these latter purposes, and pay the premium for being insured, he will, if he be a man of sense, look at the articles of the association; see what the company promises to do; what it is likely to do; and what are the rates of insurance. If he be satisfied on all these points, he will become a member, pay his premium for a year, and then hold the company to its contract. If the conduct of the company prove unsatisfactory, he will let his policy expire at the end of the year for which he has paid; will decline to pay any further premiums, and either seek insurance elsewhere, or take his own risk without any insurance. And as men act in the insurance of their ships and dwellings, they would act in the insurance of their properties, liberties and lives, in the political association, or government.

"The political insurance company, or government, have no more right, in nature or reason, to assume a man’s consent to be protected by them, and to be taxed for that protection, when he has given no actual consent, than a fire or marine insurance company have to assume a man’s consent to be protected by them, and to pay the premium, when his actual consent has never been given. To take a man’s property without his consent is robbery; and to assume his consent, where no actual consent is given, makes the taking none the less robbery. If it did, the highwayman has the same right to assume a man’s consent to part with his purse, that any other man, or body of men, can have. And his assumption would afford as much moral justification for his robbery as does a like assumption, on the part of the government, for taking a man’s property without his consent. The government’s pretence of protecting him, as an equivalent for the taxation, affords no justification. It is for himself to decide whether he desires such protection as the government offers him. If he do not desire it, or do not bargain for it, the government has no more right than any other insurance company to impose it upon him, or make him pay for it.

"Trial by the country, and no taxation without consent, were the two pillars of English liberty, (when England had any liberty,) and the first principles of the Common Law. They mutually sustain each other; and neither can stand without the other. Without both, no people have any guaranty for their freedom; with both, no people can be otherwise than free."
Lysander Spooner, Essay on The Trial by Jury

[oll.libertyfund.org]

"INCOME doesn't exist in the common law only under the commercial law."

Magic words have shifty meanings.

That which I earn through voluntary association (equitable commerce) is appraised by myself and whoever agrees to exchange my measure of value with their measure of value, constituting the natural law of agreement over time among free traders. OWNERS claiming to OWN people subject their slaves to a set of rules enforced upon the slaves, while the criminal Slave Traders agree to abide by an entirely different set of rules applied to the cooperating, conspiring, criminals.

"When the constitutional procedures of the common law were applied, there could be few convictions for smuggling by juries of ordinary people, who shared in the common interest as sufferers from taxes and monopoly, and hence in the common enthusiasm for smuggling. To circumvent the constitutional courts of common law, the prerogative High Court of Admiralty was established to absorb the jurisdictions of the maritime courts of the seaports, which had administered the traditional sea law and law merchant." Page 10, Conceived in Liberty, Murray Rothbard, 1979

"There is NO common law right to be "employed" in "commerce" as a "person" with a "taxpayer ID" under the Admiralty/Maritime law."

When criminals takeover governments they alone dictate what their slaves can do or even think, at their exclusive pleasure, just ask them.

XIV - Citizen rights not to be abridged
Passed by Congress June 13, 1866. Ratified July 9, 1868
4. "The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned."

Their claims of authority over just how much their slaves owe them often border over the line of absurdity.

[usdebtclock.org]

"Only FOOLS choose to equitably convert their natural law labor into "employment" in an "occupation" for "income" in commerce under Admiralty/Maritime by CONSENT, accepting EMPLOYMENT."

I'm not buying the Bridge in Brooklyn New, York, New York, so...

Find a willing dupe, or keep shoveling.

"But Hamilton wanted to go farther than debt assumption. He believed a funded national debt would assist in establishing public credit. By funding national debt, Hamilton envisioned the Congress setting aside a portion of tax revenues to pay each year's interest without an annual appropriation. Redemption of the principal would be left to the government's discretion. At the time Hamilton gave his Report on Public Credit, the national debt was $80 million. Though such a large figure shocked many Republicans who saw debt as a menace to be avoided, Hamilton perceived debt's benefits. "In countries in which the national debt is properly funded, and the object of established confidence," explained Hamilton, "it assumes most of the purposes of money." Federal stock would be issued in exchange for state and national debt certificates, with interest on the stock running about 4.5 percent. To Republicans the debt proposals were heresy. The farmers and planters of the South, who were predominantly Republican, owed enormous sums to British creditors and thus had firsthand knowledge of the misery wrought by debt. Debt, as Hamilton himself noted, must be paid or credit is ruined. High levels of taxation, Republicans prognosticated, would be necessary just to pay the interest on the perpetual debt. Believing that this tax burden would fall on the yeoman farmers and eventually rise to European levels, Republicans opposed Hamilton's debt program.

"To help pay the interest on the debt, Hamilton convinced the Congress to pass an excise on whiskey. In Federalist N. 12, Hamilton noted that because "[t]he genius of the people will ill brook the inquisitive and peremptory spirit of excise law," such taxes would be little used by the national government. In power, the Secretary of the Treasury soon changed his mind and the tax on the production of whiskey rankled Americans living on the frontier. Cash was scarce in the West and the Frontiersmen used whiskey as an item of barter."
Reclaiming the American Revolution: The Kentucky and Virginia Resolutions and their Legacy
by William Watkins

@Melancton

"Most people are "persons entitled" by their own consent..."

I have known a few people in my time, and very few (certainly not most) are aware of the straw-man fraud involving criminals in government making fraudulent claims of "consent," and therefore these people, people I know, are too busy making a living to figure out the fraud themselves.

Again:

True Civilization.
Warren, Josiah
(1863) Boston, Mass.

"Constitutions, statutes, rules, axioms, and all verbal formulas are subject to various and conflicting interpretations, all growing out of the inherent and indestructible Individuality of different minds. A compact between parties who do not understand it alike is null and void, because they have not consented to the same thing, even if they have signed it! What is to be done with this fact? We can do nothing with it but accept it as an irrefutable truth, and provide means of dispensing with whatever conflicts with it."

No one is able to consent to something they are not cognizant of, as a matter of demonstrable fact.

Ask someone, and see if someone falls into your claims of what most people are or are not.

Most people I ask, are not aware, therefore they are thereby incapable of consent. If you start down the path of defining words, then complications set in, and that is because - as a rule - complications lead to confusion over meanings.

Informed consent, for example, qualifies the word consent for some strange reason.

Why does "consent" require qualification in your mind?

That is all I have time for in this round of shoveling.

@Melancton

"...TOO LAZY to READ IT."

Again what is quantified and qualified by your blanket hyperbolic statements of subjective "fact," is not my experience. Many people I know are very interested in keeping busy with those interests that interest them, despite your ad-hominem attacks on them.

One thing that is accurately applicable in claiming what most people do is suffer the thousand cuts inflicted upon them through their lives dealing with willful frauds, each lie eventually causing serious damage over time.

"The Six Purposes of Schooling" - John Taylor Gatto

“Now you are ready to hear the six purposes of modern schooling taken directly from Dr. Anglisse’s book.”

“The first function of schooling is adjustive. Schools are to establish fixed habits of reaction to authority. It is fixed habits of reaction. Notice that this precludes critical judgment completely. Notice too that requiring obedience to stupid orders is a much better test of function one than following sensible orders ever could be. You don’t know whether people are reflexibly obedient unless they will march right off the cliff.”

“How can you establish weather someone has successfully developed this automatic reaction, because people have a proclivity when they are given sensible orders to follow? That is not what they want to reach. The only way to measure this is to give stupid orders, and people automatically follow those. Now you have achieved function one.”

"... need their ASSES BEAT DOWN..."

The familiar tune sung by the members of The Cult of Might Makes Right. Where have I read that before?

The Cambridge History of Law in America
Volume 1 Early America (1580-1815)
Edited by Michael Grossberg, Christopher Tomlins

"In all previous cases, and in the protracted English attempts to seize parts of northern France, conquest had been justified on the grounds of dynastic inheritance: a claim, that is, based on civil law. In America, however, this claim obviously could not be used. There would seem, therefore, to be no prima facie justification for "conquering", the Indians since they had clearly not given the English grounds for waging war against them.
Like the other European powers, therefore, the English turned to rights in natural law, or - more troubling - to justifications based on theology. The Indians were infidels, "barbarians," and English Protestants no less than Spanish Catholics had a duty before God to bring them into the fold and, in the process, to "civilize" them. The first Charter of the Virginia Company (1606) proclaimed that its purpose was to serve in "propagating of Christian religion to such people, [who] as yet live in darkness and miserable ignorance of the true knowledge and worship of God, and may in time bring the infidels and savages living in these parts to humane civility and to a settle and quiet government." In performing this valuable and godly service, the English colonists were replicating what their Roman ancestors had once done for the ancient Britons. The American settlers, argued William Strachey in 1612, were like Roman generals in that they, too, had "reduced the conquered parts of or barbarous Island into provinces and established in them colonies of old soldiers building castles and towns in every corner, teaching us even to know the powerful discourse of divine reason."

"In exchange for these acts of civility, the conqueror acquired some measure of sovereignty over the conquered peoples and, by way of compensation for the trouble to which he had been put in conquering them, was also entitled to a substantial share of the infidels' goods. Empire was always conceived to be a matter of reciprocity at some level, and as Edward Winslow nicely phrased it in 1624, America was clearly a place where "religion and profit jump together." For the more extreme Calvinists, such as Sir Edward Coke who seems to have believed that all infidels, together presumably with all Catholics, lay so far from God's grace that no amount of civilizing would be sufficient to save them, such peoples might legitimately be conquered; in Coke's dramatic phrasing, because "A perpetual enemy (though there be no wars by fire and sword between them) cannot maintain any action or get any thing within this Realm, All infidels are in law perpetui inimici, perpetual enemies, (for the law presumes not that they will be converted, that being remota potential, a remote possibility) for between them, as with devils, whose subjects they be, and the Christians, there is perpetual hostility and can be no peace."

"Like all Calvinists, Coke adhered to the view that as infidels the Native Americans could have no share in God's grace, and because authority and rights derived from grace, not nature, they could have no standing under the law. Their properties and even their persons were therefore forfeit to the first "godly" person with the capacity to subdue them. "if a Christian King," he wrote, "should conquer a kingdom of an infidel, and bring them [sic] under his subjection, there ipso facto the laws of the infidel are abrogated, for that they be not only against Christianity, but against the law of God and nature contained in the Decalogue." Grounded as this idea was not only in the writings of Calvin himself but also in those of the fourteenth-century English theologian John Wycliffe, it enjoyed considerable support among the early colonists. As the dissenting dean of Gloucester, Josiah Tucker, wrote indignantly to Edmund Burke in 1775, "Our Emigrants to North-America, were mostly Enthusiasts of a particular Stamp. They were that set of Republicans, who believed, or pretended to believe, that Dominion was founded in Grace. Hence they conceived, that they had the best Right in the World, both to tax and to persecute the Ungoldy. And they did both, a soon as they got power in their Hands, in the most open and atrocious Manner."
By the end of the seventeenth century, however, this essentially eschatological argument had generally been dropped. If anything it was now the "papists" (because the canon lawyers shared much the same views as the Calvinists on the binding nature of grace) who were thought to derive rights of conquest from the supposed ungodliness of non-Christians. The colonists themselves, particularly when they came in the second half of the eighteenth century to raid the older discussions over the legitimacy of the colonies in search of arguments for cessation, had no wish to be associated with an argument that depended upon their standing before God. For this reason, if for no other, it was as James Otis noted in 1764, a "madness" which, at least by his day, had been "pretty generally exploded and hissed off the stage."

"Otis, however, had another more immediate reason for dismissing this account of the sources of sovereign authority. For in America had been conquered, it followed that the colonies, like all other lands of conquest, were a part not of the King's realm but of the royal demesne. This would have made them the personal territory of the monarch, to be governed at the King's "pleasure," instead of being subject to English law and to the English Parliament. It was this claim that sustained the fiction that "New England lies within England, " which would govern the Crowns' legal association with its colonies until the very end of the empire itself. As late as 1913, for instance, Justice Isaac Isaacs of the Australian High Court could be found declaring that, at the time Governor Arthur Phillip received his commission in 1786, Australia had, rightfully or wrongly, been conquered, and that "the whole of the lands of Australia were already in law the property of the King of England," a fact that made any dispute over its legality a matter of civil rather than international law."

Introduction in my copy of The Prince by Niccolo Machiavelli
"Machiavelli's outlook was darkly pessimistic; the one element of St Augustine's thought which he wholeheartedly endorsed was the idea of original sin. As he puts it starkly in the same chapter 18 of The Prince, men are bad. This means that to deal with them as if they were good, honourable or trustworthy is to court disaster. In the Discourses (I,3) the point is repeated: 'all men are bad and are ever ready to display their malignity'. This must be the initial premise of those who play to found a republic. The business of politics is to try and salvage something positive from this unpromising conglomerate, and the aim of the state is to check those anarchic drives which are a constant threat to the common good. This is where The Prince fits into the spectrum of his wider thought: while a republic may be his preferred form of social organization, the crucial business of founding or restoring a state can only be performed by one exceptional individual."

Me and my fellow con men, our gang of frauds and thieves, MUST - as a rule - LORD over our targeted sheep, because they soil themselves, and other unseemly things exclusive to their lot.

"Pilate was not innocent because he washed his hands, and said, He would have nothing to do with the blood of that just one. There are faults of omission as well as commission. When you are legally called to try such a cause, if you shall shuffle out yourself, and thereby persons perhaps less conscientious happen to be made use of, and so a villain escapes justice, or an innocent man is ruined, by a prepossessed or negligent verdict; can you think yourself in such a case wholly blameless? Qui non prohibet cum potest, jubet: That man abets an evil, who prevents it not, when it is in his power. Nec caret scrupulo sosietatis occultae qui evidenter facinori definit obviare: nor can he escape the suspicion of being a secret accomplice, who evidently declines the prevention of an atrocious crime."
Englishman’s Right
A DIALOGUE BETWEEN A BARRISTER at LAW AND A JURYMAN
Printed in the Year MDCCLXIII. (1762)

You can include a link to this post in your posts and comments by including the text q:163940
Slug does not evaluate or guarantee the accuracy of any content. Read full disclaimer.