TUESDAY LESSONS IN CIVICS-#11

LESSONS IN CIVICS & THE CONSTITUTION – J (Part A)

DeLovio vs. Boit (1815)

In the DeLovio vs. Boit case, in 1815, the Supreme Court ruled as follows, {the opinion was written by Justice Story}:

“The Admiralty, from the highest antiquity, has exercised a very extensive criminal jurisdiction, and punished offenses by fine and imprisonment. The celebrated inquisition at Queensborough, in the reign of Edward III, would alone be decisive. And, even at Common Law it had been adjudged, that the Admiralty might fine for contempt. . . Appeal and not a Writ of Error, lies for its decrees. . Yet, it is conceded on all sides that of maritime hypothecations of the Admiralty depends, or ought to depend, as to contracts upon the subject matter, i.e. whether maritime or not; and as to torts, upon locality. . .

Neither the Judicial Act nor the Constitution, which it follows, limits the Admiralty Jurisdiction of the District Court in any respect to place. It is bounded only by the nature of the cause over which it is to decide. On the whole, I am, without the slightest hesitation, ready to pronounce, that the delegation of cognizance of ‘all civil cases of Admiralty and Maritime jurisdiction’ to the Courts of the United States comprehends all maritime contracts, torts, and injuries. The latter branch is necessarily bounded by locality; the former extends over all contracts, (whatsoever they may be made or executed, or whatsoever may be the form of the stipulation) which may relate to the navigation, business or commerce of the sea.

The next inquiry is what is properly to be deemed ‘maritime contracts.’ Happily, in this particular there is little room for controversy. All civilians and jurists agree that in this appellation are included, among other things, marine hypothecations . . . My judgment accordingly is, that policies of insurance are within (though not exclusively within) the Admiralty and Maritime jurisdiction of the United States.”

Now Meet Professor Frederich List

The letters of Dr. List, along with the theories of economics which he espoused in those letters, will become extremely important to you when you realize that his theories are being applied against you today by the Federal Reserve – and are, thereby controlling every aspect of your life.

List was a representative of the society of German merchants and manufacturers for the express purpose of obtaining a German system of national economy. His plans proved obnoxious to the government, which charged him with high treason and threw him in prison. He was subsequently exiled from Germany. He soon after settled in Pennsylvania where he studied and lectured on the doctrines of political economy, and he voluntarily addressed a series of letters which were published in the National Gazette. List was also a member of the George Rapp Harmony Society. In his first letter, List explains what he means by the term “National Economy.”

“National Economy” teaches by what means a nation, in their particular situation, may direct and regulate the economy of individuals, and restrict the economy of mankind, either to prevent foreign restrictions and foreign powers within itself . . . without restricting the economy of individuals and the economy of mankind more than the welfare of the people permits.”

It is well known that we have a “National Economy” in America today that directs and regulates the economy of individuals, and that of mankind – and that this economy is being controlled and regulated by the Federal Reserve System.

Swift v. Tyson, 16 Peters 1 (1842)

The Supreme Court held, in the case of Swift V. Tyson in 1842, that there was a Federal common law (i.e., at that time, access to substantive common law existed at the federal level).

Limited Liability Act – 1851

The Congress of the United States enacted the Limited Liability Act on March 3^rd 1851, (codified at 46 USC 181- 189), as amended in 1875, 1877, 1935, 1936, and the Act of 1884 covers the entire subject of limitations. The purpose of this act was to limit the liability for the payment of debts of persons who were ship owners involved in maritime commerce. The act was the result of a U.S. Supreme Court decision titled, “The New Jersey Steam Navigation Co. vs. the Merchants Bank, 6 Howard 42, (1848).” In this case, the Supreme Court ruled that under the Common Law, ship owners were liable for the acts of their ship masters. In other words, if a party was to ship goods on board a ship and something happened to the goods such as being destroyed or damaged by the perils of sea, the ship owner was responsible to the owner of the goods.

Therefore, the ship owner must pay what the amount of the goods was worth, to the owner of the goods. If the ship owner failed to pay the debt, the owner of the goods could sue the ship owner and collect. If the ship owner failed to pay, the creditor could then file a lien on the ship which was called a maritime lien which does not require possession of the object. This Act specifically gives limited liability on shipments of “bills of any bank or public body.” America was founded upon Maritime or Admiralty Law because shipping was the only means of commerce at the time of our founding.

In 1851, Congress decided that as a result of the New Jersey Steam Navigation Co. case, persons would no longer be drawn into ownership of ships because of the liability involved. Shipping on the high seas is extremely risky, especially at that period of time.

The U.S. Supreme Court, after the Limited Liability Act was enacted (1889), ruled in the Butler vs. Boston & Savannah Steamship Co., 130 U.S. 527, that:

“But it is enough to say that the rule of limited responsibility is now our maritime rule. It is the rule by which through the Act of Congress we announced that we propose to administer justice in maritime cases.”

“The rule of limited liability prescribed by the Act of 1851 is nothing more than the old maritime rule administered in courts of admiralty in all countries except England from immemorial and if this were not so, the subject matter itself is one that belongs to the department of Maritime Law.”

Next week, August 7^th, I will cover:

Tontine Insurance - 1868

I wish to ask each of you who view this blog to please click on the Illuminati symbol below. It will take you to a Google video that will explain much of what I have been trying to teach you through my weekly Lessons in Civics and Awake You who Sleep articles.

This video is rather long (47 min. 05 sec.), but it is truly important. Once you have viewed and listened to the entire video, you WILL have a deeper knowledge of what is happening and is about to happen to the United States. Please view this video with an open mind.

I wish to thank my friend Karen over at Light and Life, for sending me this link.

“Abouna” Gregori