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Quite a mouthful eh???
Common Law vs Maritime Law and the Constitution...
New information about the US Constitution has come to light since this paper was written. That information may effect the value of some of the following information. The Constitution was never properly ratified; and, is, therefore, not a proper Common Law constitution. It appears that it is being used as a Roman Law 'operating orders' or 'ship's orders'; as, all bodies politic and corporate are make-believe ships in the Roman system.
The UNITED STATES is a corporation, and Congress is a 'body politic' - both being Roman style incorporations (make-believe ships) under the original creation/ownership of the Pontifex Maximus (Pope) of the (still existent) Holy Roman Empire. All Roman Law documents (so-called constitutions; but, in fact, are 'ship's orders' of make-believe ships), when used as the guide to operate a country under Roman Law, always contain a "notwithstanding" clause. (In the US Constitution, it is the 'general welfare' clause). This allows the "captain of the ship", the President, or a designated officer (judge or Cabinet member) leave to disregard any provision of such a constitution at his discretion. 'The CAPTAIN may deviate from ANY 'rules or regulations' when he DEEMS it necessary 'for the GOOD of the ship.' That is a basic maxim of the Law of the Sea, and totally within the 'common sense' realm of operating a ship relative to safety and profitability; however, it is devastating to the unalienable rights of an individual free will man or woman living upon the land.
Also, it has recently come to light that the court systems operate their admiralty type law within the confines of a 'contract' in all of the British, and former British Empire. The clerk of the court, the prosecuting attorneys, and the judges proffer the contract, and the defendant blindly and ignorantly accepts the offered contract by acquiescence and obedience to court orders and sentences. A defendant convicted and sentenced, even by a jury (in an admiralty/equity court) only need to inform the judge that he/she refuses the offered contract and/or sentence of the judge. As a contracting party, the defendant does not have to accept a contract by imposition against his/her free will. As has happened, when such a refusal of the contract is made, the judge will use legal trickery and bluster to attempt to get the defendant to accept another contract. The defendant need only to continue with: "I do not accept your sentence." Or, where applicable: "I do not accept your offer of contract." The latter statement may be placed upon served court documents and returned (signed and dated) to the clerk of the court.
We have a problem and we are here to analyze that problem. Why do the courts refuse to admit certain arguments and cites of the United States Constitution? And further, find some in contempt of court if they persist in doing so? Why is there so little justice in our courts today? Our problem is, we have been fighting the wrong thing -- playing the wrong ball game.
We have found that we are not in Common Law under the Constitution -- in fact, we're not in Equity under the Constitution -- we are in Maritime Law (the Law of International Commerce -- Law Merchant, Admiralty Law, Military Law, and Prison or Warden Law).
Just what is this Law of Admiralty? Admiralty Law encompasses all controversies arising out of acts done upon or relating to the sea, and questions of prize. Prize is that law dealing with war, and the spoils of war -- such as capture of ships, goods, materials, property -- both real and personal, etc.
Another way to understand admiralty law -- it is the command enforcement necessary to maintain the good order and discipline on a ship, especially as a ship was operated in the mid-1700's. As the availability of crewmembers was a finite problem in the middle of the ocean, the enforcement of ship law had more to do with getting wayward crewmembers back into a state of obedience and usefulness, rather than as the imposition of lawful punishments -- the latter being the purpose of law enforcement on the land.
Maritime Law is that system of law that particularly relates to commerce and navigation. Because of this fact, as you will see, you don't have to be on a ship in the middle of the sea to be under Admiralty Jurisdiction. This jurisdiction can attach merely because the subject matter falls within the scope of Maritime Law -- and, bills, notes, cheques and credits are within the scope of Maritime Law.
Admiralty Law grew and developed from the harsh realities and expedient measures required to survive at sea. It has very extensive jurisdiction of maritime cases, both civil and criminal. Because of its genesis, it contains a harsh set of rules and procedures where there is no right to trial by jury, no right to privacy, etc. In other words, there are no rights under this jurisdiction -- only privileges granted by the Captain of the maritime voyage.
For instance: in this jurisdiction there is no such thing as a right not to be compelled to testify against oneself in a criminal case -- the Captain can; however, if he wishes, grant you the privilege against self-incrimination. There's no such thing as a right to use your property on the public highways -- but the Captain may grant you the privilege to do so, if he so chooses. There is no such thing as a right to operate your own business -- only a privilege allowed as long as you perform according to the captain's regulations.