Time: Sat Mar 29 19:47:59 1997
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Date: Sat, 29 Mar 1997 19:33:23 -0800
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: [TL] WHAT IS MONEY? [2/2]

<snip>
>
>> -=>>> Continued from previous message <<<=-
>>
>>72.  Act of Dec. 23, 1923, Sec. 317: Upon the
>>     deposit with the treasurer of the U.S. of
>>     bonds so purchased, and Federal Reserve
>>     bank making such deposit, shall be
>>     entitled to receive from the comptroller
>>     of the currency circulating notes in
>>     blank. Such notes shall be the
>>     obligations of the Federal Reserve Bank.
>>     They shall be issued and redeemed under
>>     the same terms as national bank notes.  
>>     (In the beginning the Federal Reserve
>>     banks bought the bonds with money; they
>>     issued notes in the amount of bonds
>>     purchased. The Federal Reserve banks
>>     bought bonds and deposited them with the
>>     treasurer. The U.S. Treasurer had
>>     possession of both the bond and the
>>     money. The Federal Reserve banks issued
>>     the notes. The notes were to be
>>     obligations of the Federal Reserve banks.
>>     The Federal Reserve banks loaned the
>>     notes to the government, and in this way
>>     the Federal Reserve banks got back all
>>     the money they paid for the bonds; but
>>     also, in the beginning, the notes were to
>>     be used only for settling accounts
>>     between the 12 Federal Reserve banks, and
>>     for no other purpose were they
>>     authorized.)
>>     See:
>>          12 USC 411.
>>
>>73.  The case of a State which pays off its
>>     own debts with paper money, no more
>>     resembles this than do those to which we
>>     have already adverted. The courts have no
>>     jurisdiction over the contract. They
>>     cannot enforce it, nor judge of its
>>     violation. Let it be that the act
>>     discharging the debt is a mere nullity,
>>     and that it is still due. Yet the federal
>>     courts have no cognizance of the case.
>>     But suppose a State to institute
>>     proceedings against an individual, which
>>     depended on the validity of an act
>>     emitting bills of credit; suppose a State
>>     to prosecute one of its citizens for
>>     refusing paper money, who should plead
>>     the constitution in bar of such
>>     prosecution. If his plea should be
>>     overruled, and judgment rendered against
>>     him, his case would resemble this; and,
>>     unless the jurisdiction of this court
>>     might be exercised over it, the
>>     constitution would be violated, and the
>>     injured party be unable to bring his case
>>     before that tribunal to which the people
>>     of the United States have assigned all
>>     such cases.
>>     See:
>>          Cohens v. Virginia, 6 Wall 100.
>>
>>74.  According to State v. Thomas money was
>>     property but Federal Reserve notes are
>>     only a claim on property and, Federal
>>     Reserve notes shall be redeemed in lawful
>>     money--not legal tender.
>>     See:
>>          State v. Thomas, 12 USC 411.
>>
>>75.  Make the bank identify the thing loaned.
>>     Certainly if the bank claims to have
>>     loaned something they can identify it,
>>     and according to the law of tender, the
>>     tender must be kept good. If a judgement
>>     could be settled with a tender, then the
>>     litigation would never end. A Federal
>>     Reserve note being a chose in action,
>>     something to be sued upon (UCC), but
>>     then, under state law, there can be no
>>     "holder in due course" on an incomplete
>>     instrument, and a fed note is an
>>     incomplete instrument as it will not pay
>>     to bearer. This amounts to a common law
>>     cheat, which is the obtaining of money or
>>     property by means of false tokens,
>>     symbols, or device; this being the
>>     definition of a cheat or cheating at
>>     common law.
>>     See:
>>          State v. Renick, 33 Or 584, 56 p
>>          275, 44 L R A 266, 72 Am. St. Rep.
>>          758.
>>
>>76.  What a triumph for the advocates of
>>     despotism to find that we are incapable
>>     of governing ourselves, and that systems
>>     founded on the basis of equal liberty are
>>     merely ideal and fallacious. In a word,
>>     they are determined to annihilate all
>>     debts, public and private, and have
>>     agrarian laws, which are easily effected
>>     by means of unfunded paper money which
>>     shall be a tender in all cases.
>>     See:
>>          Gen. Knox.
>>
>>77.  In order to constitute a loan, there must
>>     be a contract whereby one party transfers
>>     to the other a sum of money.
>>     See:
>>          U.S. v. Neifert White, 247 F.Supp.
>>          878.
>>
>>78.  A loan may be defined as the delivery by
>>     one party to, and the receipt by another
>>     of a sum of money.
>>     See:
>>          Kirkland v. Bailes, 155 S.E. 2d 701.
>>          (Yet the Federal Reserve Bank of
>>          Chicago says in Modern Money
>>          Mechanics that banks make loans by
>>          promising to lend.) (However a
>>          promise to lend cannot be enforced.
>>          In order to constitute a loan, money
>>          must be loaned, but banks make loans
>>          by promising to lend, and promises
>>          to lend cannot be enforced.)
>>          5 MRSA.
>>
>>79.  The thing given or taken in exchange must
>>     be specific and so distinguishable from
>>     things of like kind as to be clearly
>>     known and identifiable.
>>     See:
>>          Preston v. Keene, 14 Pet 133.
>>
>>80.  The extension of credit is not the giving
>>     of value.
>>     See:
>>          UCC 3-303:0;
>>          Atkinson v. Englewood State Bank,
>>         141 Colo 436.
>>
>>81.  A loan is the creation of debt by the
>>     lenders agreement to pay MONEY TO THE
>>     DEBTOR.
>>     See:
>>          Maine Consumer Credit Code 9-A, Sec.
>>          1.301 (23)(a)(1).
>>
>>82.  Banks extend credit, not money.
>>     See:
>>          National Bank v. Atkinson, 55 Fed.
>>          Rep. 571.
>>
>>83.  Fair and reasonable value means the best
>>     price to be at once in money -- cash
>>     being the antonym of credit-- cash value
>>     importing value in money.
>>     See:
>>          State v. Woodward, 93 SO 826, 208
>>          Ala 31.
>>
>>84.  A note given to town treasurer in payment
>>     of a tax, being illegal as against public
>>     policy, does not discharge the tax.
>>     See:
>>          Embden v. Bunker, 86 Me 313.
>>
>>85.  There is a distinction between a debt
>>     discharged and one paid. When discharged
>>     the debt still exists though divested of
>>     its character as a legal obligation
>>     during the operation of the discharge.
>>     Something of the original vitality of the
>>     debt continues to exist, which may be
>>     transferred even though the transferee
>>     takes it subject to the disability
>>     incident to the discharge. The fact that
>>     it carries something which may be a
>>     consideration for a new promise to pay so
>>     as to make an otherwise worthless promise
>>     a legal obligation makes it the subject
>>     of transfer by assignment.
>>     See:
>>          Badger v. Gilmore, 33 N.H. 361, 66
>>          Am. D. 729;
>>          William R. Stank v. M.W. White, 172
>>         Minn. Reports 390.
>>
>>86.  Although it apparently was still
>>     necessary in the 1790's to allege
>>     fictionally that such bills were drawn
>>     "according to the custom of merchants,'
>>     Butter v. Ouchterloney, S SC, 3-68) all
>>     agreed that an instrument executed by a
>>     non merchant was negotiable if it
>>     contained words of negotiability
>>     customarily used by merchants, such as
>>     "or order" in an appropriate place.
>>     See:
>>          Whitney v. Whitney, Quincy 117
>>          (1765);
>>          Laws and Usages Respecting Bills of
>>          Exchange and Promissory Notes, by
>>          John Tisdall.
>>
>>87.  According to the Uniform Commercial Code
>>     (UCC), "a debt can only be paid with
>>     money or goods." The UCC, of course, is
>>     state law which supersedes federal law.
>>     "The Federal Government has no power to
>>     impose on any state officer any duty
>>     whatsoever, and compel him to perform
>>     it."
>>     See:
>>          Commonwealth v. Dennison, 24 How.
>>          66.
>>
>>88.  A judgement for money must specify the
>>     amount in words or figures with some mark
>>     or character to indicate what they
>>     represent. Re
>>     See:
>>          Boyd (D.C. Or) Fed. Case No. l1746
>>          (see also
>>          United Glover Co. v. Harvey Steel, 3
>>          F.2d 634.) (Figures in the absence
>>          of dollar marks should be void as
>>          there would be no figure or mark to
>>          indicate what the numbers
>>          represent.)
>>
>>89.  In the absence of any provision of law
>>     precluding payment in a particular kind
>>     of coin specifically designated in a
>>     contract, the general rule is that such
>>     contract may be enforced by the rendition
>>     of a judgement for the particular kind of
>>     coin designated.
>>     See:
>>          The Emily Sounder, 17 Wall 666;
>>          Trebilcock v. Wilson, 12 Wall 687;
>>          Land v. Gluckauf, 28 Cal 288;
>>          Gilman v. Douglas County, 6 Nev. 27.
>>
>>90.  The support of the general rule by the
>>     courts has been based not on the
>>     difference in the kinds of money, but on
>>     the ground that the party specifically
>>     contracted for payment in a specific
>>     thing.
>>     See:
>>          Thompson v. Butler, 95 US 694.
>>
>>91.  The issuance of Federal Reserve notes is
>>     not an attempt by the government to coin
>>     money, it is a pledge of the government
>>     to pay dollars.
>>     See:
>>          U.S. v. Ballard, 14 Wall 457.
>>
>>92.  No payment is effectuated by the delivery
>>     of a bill or note which is unenforceable.
>>     See:
>>          Lee v. Fontaine, 10 Ala 755. (A note
>>          is unenforceable unless it is
>>          negotiable.)
>>
>>93.  Giving of a note does not constitute
>>     payment.
>>     See:
>>          Echart v. Commissioners C.C.A., 42
>>          F.2d 158, 283 US 140;
>>          Noland v. Maryland Casualty Co.,
>>          D.C. Md. 38 F.Supp. 497.
>>
>>94.  When a decree provides for the payment of
>>     money, that term imports constitutional
>>     currency.
>>     See:
>>          Shackleford v. Cunningham, 41 Ala
>>203;
>>          West Oliver Co. v. Bail & Crommelin,
>>          12 Ala 340.  (Constitutional money
>>          is not notes or checks.)
>>
>>95.  For judgements payable in US funds.
>>     See:
>>          Shaw Savill Albion & Co. v. The
>>          Frederickburg, C.A. N.Y. 189 F.2d
>>          952.
>>
>>96.  Definition of funds: Money in hand;
>>     assets; cash; money available.
>>     See:
>>          Galena Ins. Co. v. Kupfer, 28 Ill
>>335;
>>          U.S. v. Jenks, D.C. Pa. 264 F 697;
>>          Johnson v. State, 37 Ga. App 129.
>>
>>97.  Money is property. Federal Reserve notes
>>     are liabilities, not assets. Cash,
>>     according to the book.
>>     See:
>>          "The Federal Reserve Bank; Its
>>          Purposes and Functions," is coin.
>>
>>98.  Current money: Whatever is receivable and
>>     current by law as money.
>>     See:
>>          Henderson v. Farmers Savings Bank,
>>          199 Iowa 496.
>>
>>99.  The precious metals alone are money, and
>>     whatever else is to perform the functions
>>     of money must be their representative and
>>     capable of being turned into them at
>>     will. So long as bank paper retains this
>>     quality it is a substitute for money;
>>     divested of this, nothing can give it
>>     that character.
>>     See:
>>          3 Websters Works 41;
>>          Woodruff v. Miss, 162 US Reports
>>          307.
>>
>>100. A Note is only promise to pay.
>>     See:
>>          Fidelity Savings v. Grimes, 131 P 2d
>>          894.
>>
>>101. Legal tender notes are not good as lawful
>>     money of the U.S..
>>     See:
>>          Rains v. State, 226 S.W. 189.
>>
>>102. Checks, drafts, money orders, and bank
>>     notes are not lawful money of the U.S..
>>     See:
>>          State v. Nealan, 43 Ore 158.
>>
>>103. Where the Fed. Gov. is a party to
>>     commercial paper, it is bound by same
>>     rules which govern private persons.
>>     See:
>>          Continental American Bank v. U.S.,
>>          C.C.A. La. (1947) 161 F.2d 93.
>>
>>104. The government assumes all
>>     responsibilities of private persons when
>>     it issues commercial paper.
>>     See:
>>          U.S. v. First National Bank, 138
>>          F.2d 681.
>>
>>105. The term "dollar" means money since it is
>>     the unit of money in this country, and in
>>     the absence of qualifying words, it
>>     cannot mean promissory notes or bonds or
>>     other evidences of debt.
>>     See:
>>          Devenny v. Devenny, 74 Ohio St. 96,
>>          76 NE 688.
>>
>>106. Federal Reserve Notes are a first and
>>     paramount lien on all the assets of the
>>     issuing Federal Reserve bank.
>>     See:
>>          Moody's Bank & Financial Manual,
>>          page 2105. (If Federal Reserve notes
>>          are a lien on the banks, no wonder
>>          they want to eliminate the use of
>>          Federal Reserve notes and deal only
>>          with computer entries.)
>>
>>107. Negotiable Instruments Law was designed
>>     to cover commercial paper and U.S.
>>     currency.
>>     See:
>>          LSA-R.S. 17;
>>          1 et seq LSA-C.C. art 2139.
>>
>>108. The public's use of demand deposits as
>>     money is not based on authorization by
>>     the Federal Government. Even today, legal
>>     tender, the kind of money in which debts
>>     are payable, does not include demand
>>     deposits.
>>     See:
>>          An Introduction to Money and
>>          Banking, by Colin and Rosemary
>>          Campbell, Professors of Economics.
>>
>>109. U.S. Currency does not contain all of
>>     essence of negotiable instrument under
>>     Louisiana law. U.S. currency is the
>>     object for which negotiable instruments
>>     issue. The very first requirement of our
>>     negotiable instrument law is that the
>>     instrument be signed by the maker. The
>>     signatures on paper money are made by
>>     facsimile stamp put there by machine.
>>     See:
>>          Civil Code Art. 2139 La; 120 So. 2d
>>          845.
>>
>>110. We are involved in a confidence game;
>>     there is nothing to our currency except
>>     the confidence the people have in it.
>>     See:
>
><<< Continued to next message >>>
>
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Paul Andrew, Mitchell, B.A., M.S.    : Counselor at Law, federal witness
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