File:Dispatch of Merchants.pdf

The Dispatch Of Merchants

by William L. Avery, A.M

A short presentation on the subject of sources of the liability for the so called Income Tax as grounded in the Law Merchant through the Federal Reserve and other statutes.

Introduction

Gallant tax­fighters and other live Patriots have hauled considerable law into the courts on tax and money issues. Yet, whatever evidence of law they bring and however extensively they research their cases, they are ruled against and even imprisoned in criminal courts. We have yet to gain a single decision on substantive law to free us from the corporate feudalism suffocating the world in the name of anti­ Communism. So, there has got to be a reason why we meet failure after failure beyond the charge that the judges are all corrupt and godless.

The truth seems to be that we have simply not yet hit upon the vital nerve which will convulse the whole swindling law (formally constitutional law) upon which the judges are compelled to give their decisions. It is the only answer that makes sense. Is this answer discoverable so that we can beat those that function by these laws at their own game? The writer believes that he has discovered the answer through various heated confrontations and pleadings in several courts.

Indeed, in September of 1975, the writer succeeded in cornering the county judge on the money and tender issue, and by badgering and blistering him until he choked with rage, compelled him to blurt out the secret allowing him to sign a writ of assistance (remember those?) against the writer for doggedly refusing to bargain with banker swindlers over the right to his own property. The recent Complaint, in a civil action in Federal Court, resulting from this act is added as part of the appendix to this book.

Well, the answer is in the money, all right, but far beyond what has been pleaded so far. It ties into other substantive issues raised by Bill Hanks on non­liability of natural persons for income taxes on franchises granted by the states. This is the only genuine basis for overturning the illegal personal (individual) income tax, which is a nullity to begin with and absolutely "voluntary" for reasons that will be covered later.

The entire tax scheme is grounded in the so called "commerce clause" of Article I, section 1, clause 3, of the Federal Constitution, allowing Congress to "regulate commerce with foreign nations, and among the several states, and with the Indian tribes." The Supreme Court held in Gibbons v. Ogden in 1824 that commerce "comprehends traffic, trade, navigation, communication, the transit of persons and the transmission of messages by telegraph; indeed every species of commercial intercourse."

This clause was written to prevent the States from wrecking the Union upon erroneous theories of "interposition" to "nullification" and to guarantee the "free flow of interstate commerce," certainly a legitimate aim. However, to regulate and guarantee are not the same as sponsor and promote.

Nevertheless, commencing with the Interstate Commerce Act of 1887, monolithic private enterprise succeeded in expropriating the Federal government to its own uses by several clever laws. One such was the Sherman Anti­Trust Act of 1890, whose wording protects far different "persons" than one might suspect. By it, even the innocent unemployed are "in restraint of trade" by the mere fact of being unemployed.

The fundamental premise has been to compel as many private individuals as possible to become "merchants" subject to these laws, where they could be subject to no others, and had actually been promoting the "free flow of interstate commerce," but right straight into one monopolized ocean of private control outside the government.

This result is achieved through the United Nations treaty, upon which, by the commerce clause and the "law of nations," every human being has become, in one way or another, a "merchant" subject to an international super­something called the "Law Merchant." This is strictly a voluntary law nowhere written down and it is strictly a private law of negotiable instruments, sales, insurance, and other matters binding only upon the honor of "merchants," as the personal income tax.

Thus, the simplest way to compel everyone to become a "merchant" under this unwritten law is to compel him to accept bills of exchange as money. These compulsory bills of exchange are none other than the Federal Reserve Notes, series 1963, 1969, and 1974, legalized as "money" on March 18,1968, being also irredeemable perpetual annuity bonds, or small change for government securities.

The basis for this action was laid in the Federal Reserve Act which makes commercial paper the fundamental "lawful money" which form the reserves of member banks. This means private notes, acceptances, and bills of exchange, become lawful money but not legal specie, for specie defeats the swindle by destroying credit and debt.

It likewise means checks. Thus, by the daily passing of Federal Reserve Notes and endorsing of checks and the use of Credit Cards, every individual, whatever his calling, becomes a credit merchant subject to summary judgment under the private custom of merchants, whose primary rule is the liability to inform on oneself upon one's own acts, goods, and dealings. Now, this Law Merchant has never been the public positive law of any particular country, but the mere private, consensual, voluntary practice of international merchants and traders. Although partially incorporated into various uniform state codes on negotiable instruments, much of it is not necessarily in print. Indeed, some of it changes with women's fashions.

Thus, it is this unwritten private law of which the judges are bound to take "judicial notice" in their rulings. The principle being that, whatever else can be pleaded, any supposedly national law of civil constitutional right claimed violated can be ruled immaterial on the basis of this unseen, unspoken, imprinted, "natural" law. It never needs to be given in evidence, and always favors the practicing "merchant" communizer as against the quasi "merchant" citizen who hasn't the faintest idea that the judge sees him as a merchant, unable to understand. This is the "law" under which anti­Communist communizers promote "with God's help, a better world" of Mercantile Super Republic, in which the "personal responsibility" of self­ incrimination will be the fundamental rule, protected under the 14th Amendment.

Incorporation of this Law Merchant into the English common law by Lord Mansfield subsequent to 1756 set off the American Revolution. This proves that it has never been a part of our own law, even by deceit.

These are the issues of law upon which we can recover our privacy, our freedom, our nation, and our money at par. The following pages present detailed discussions of these issues, and likewise present many obvious bases on which defenses and attacks in the courts can very effectively be made. The content of these pages, at the least, will for the first time provide us with a footing equal to that of our tormentors and perhaps even more advantageous.

The author was for several years an editor and translator of the commercial codes of many West European nations, and most South and Central American nations, and of the corporate income taxes of the same, including court case decisions. The substance of the outline of historical background on the pages immediately following should first be well digested before proceeding.

The most disastrous course we can pursue is to blame our plight on "the Government" when, as will be seen, it is private interests alone which are enslaving us in the name of freedom. Bill AveryFranklin, New YorkJuly 4, 1976