From: "John Zube" <jzube@acenet.com.au>
To: <tjdri@earthlink.net>
References: <412001122231010330@earthlink.net>
Subject: Re: Question re Your Web Site legal tender & lawful money
Date: Thu, 4 Jan 2001 20:58:54 +1100
Organization: Libertarian Microfiche Publishing
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Dear Thomas Dobson,
                                  the question you put is not so much =
one regarding my website but just regarding one term, "legal tender", as =
opposed to the one which you seem to prefer: "lawful money".
In my booklet on legal tender, appended to my literature list in my =
website, I gave about 19 different definitions of legal tender. I am =
certain that many more do exist. (To publish a comprehensive list, =
pointing out the errors in each of the faulty wordings, is one of my =
aims. Likewise, a full discussion of GRESHAM'S LAW and of TAX FOUNDATION =
and of PAPER MONEY, and of EXCHANGE MEDIA & of VALUE STANDARDS.=20
All too many simply equate "legal tender" with "lawful money", not even =
taking into consideration that e.g. cheques, although not legal tender, =
are also a lawful means of payment and so is any form of clearing that =
the authorities do permit. Nor are legally not permitted payments that =
do satisfy payer and payee in any sensible and moral way "lawless" =
payments.

Any legal tender money is rather "lawless" money in the best meaning of =
"law".=20

Nobody who tries to declare what is "lawful" money, has the right to =
prescribe to dissenters what they are to consider among themselves as =
their currency and their value standard. Freedom of choice for both, =
regardless of what territorial constitutionalists and lawmakers consider =
to be the ideal kind of currency and value standard.

One can get the clearest insight on what constitutes money, currencies, =
value standards, clearing, credit, debt, etc., if one considers a =
situation, even if merely as a thought game, in which not a single law, =
regulation, constitutional clause or juridical decision on such subjects =
exists at all and all these facilities have to be developed by free =
people, who do not want to go on with the "benefits" of monetary =
despotism that have come upon them.

I experienced two regimes, that legalized their oppression and =
atrocities, so "lawful" is not excactlly a term that inspires me.
Nor did I gain a great respect for the avalanches of laws, regulations =
and administrative orders that democracies and republics, with more or =
less free voting and expression and information, have passed over the 2 =
centuries.

As for the U.S. case: What you and the constitution meant to be the only =
"lawful money" has been largely ignored or suppressed during and after =
the American Revolution. In 1990 and 1991 I spent most of a year in the =
U.S. and never saw "lawful money" in your meaning. All I saw was =
examples of the imposition of monetary despotism, practised for all too =
long, in spite of the Constitution, the Bill of Rights and Supreme Court =
decisions - or, BECAUSE of them!
Even Washington was not without blame in this respect. He paid his =
troops off only after sending them first into a distant wilderness or =
place and then offered them only a depreciated paper money at a forced =
value, foreseeing that in these places and in their conditions they =
would then hardly mutiny against this abuse. But from his tenants he =
demanded payment in gold, while he paid his debts in depreciated paper!=20
Where IS your lawful money? Only in some underground exchanges or =
attempts to establish e-gold systems etc.

I do not care whether some laws do nominally respect what you consider =
to be the only "lawful" money. In practice, the overwhelming consent of =
the lawmakers and interpreters has decided against it. Thus nothing less =
but a monetary revolution will be required to get out from under =
monetary despotism.=20
Such a revolution can be quite non-violently executed but it needs much =
educational preparation.
Towards this aim I published as much as I could on monetary freedom, =
probably more than any other individual ever did before and will =
continue to do so, although so far mainly only on microfiche.=20

Under full monetary freedom the adherents of metal commodity money will =
get their chance, too. But they will have to be able to stand the =
competition from other privately and cooperatively issued local and =
other currencies that do not promise e.g. gold or silver metal =
redemption but merely readiness to accept these notes, at par, for the =
goods and services of the issuer and in all debts due to him.
However, many of these issuers will denominate their notes and clearing =
house certificates e.g. in gold or silver weight units, and price their =
goods and services in such units, without promising more than acceptance =
at par with the stated metal values for all their goods and services.
Free choice in value standards will come to prevail, sooner or later, =
despite the despotic inclinations of most money reformers.
A gold clearing or gold-for-account currency is in theory and in =
practice a much sounder currency than any that depends upon gold stocks =
of the issuer and gold redemption obligations of them, combined with the =
right of the note holders to demand gold redemption upon presentation of =
their gold certificates.=20
The discussion on this has been going on for over 200 years and has not =
yet been settled to general satisfaction. Popular errors and myths on =
the subject, centuries old, still prevail, even among most of the =
academic writings of libertarians during the last quarter of a century. =
The monetary sectarians and church members still far outnumer the =
genuine monetary scientists, even among the leading libertarian =
economists!

Under full monetary freedom, for gold value clearing notes and =
certificates and accounts, rare metal redemption, to the extent that =
holders desire it, will be referred to the free market in such metals. =
Consequently, all the rare metals in the world will, potentially, act as =
a "redemption fund".=20

One of the preconditions for enlightenment on monetary freedom options =
will be an alphabetized handbook on its terms, theories, practices, =
history and future potential. I have long wanted to compile such a =
handbook, largely based on the teachings of the German School of =
Monetary Freedom, but, unfortunately, even trying to popularize =
something as simply as the freedom of expression and information =
opportunities that microfiche do offer to freedom lovers, has taken most =
of my time and energy during the last 23 years. Presently, I try, so far =
still in vain, too, to interest enough libertarians in using CD-ROMs for =
their writings, towards a complete freedom library and publishing =
service.

One CD-ROM, whose blank and pressing costs are down to 50 Australian =
cents, can contain 300 to 2,000 libertarian books, zipped, and yet =
libertarians have still left them largely unused, although a mere 300 of =
these disks, or ca. 40 CVDs, could, perhaps, contain a complete freedom =
library and probably no freedom lover would have time in his life to =
read more than the contents of 10 such disks, which could be marketed =
probably for as little as $ 5 - 50 each.
This in spite of the fact that music, software and games lovers have =
provided tenthousands, if not hundredthousands of CD-ROMs for =
themselves.
Libertarians have largely ignored their microfiche, their floppy disk =
and also their CD-ROM publishing for what is supposedly their favourite =
literature.
Would they rather let the case for liberty be forfeited than resort to =
such alternative media???

And do not try to tell me that the Internet, like God or father State, =
will provide.
I got active in promoting CD-ROMs, once again, after I experienced that =
downloading from the Internet, to fill a single CD-ROM, would have cost =
me 400 hours of hard and boring labour and ca. $ A 1,200 in connection =
fees, while the burning of a single CD-ROM, on a simple home PC, IF the =
text is already digitized for this on a HD, would take only all of 15 =
minutes!=20

Here is one of the greatest educational opportunities for our times - =
remaining largely unused. In about 45 days I have so far gained only 30 =
people in favour of this idea. Hopefully, John Humphrey's new website on =
a LIBERTARIAN LIBRARY, only just started, will speed the process up. It =
links to two of my early papers on this subject. The list of interested =
people these links contain is  dated.
www.geocities.com/libertarian_library/

Possibly all monetary freedom writings would fit onto a single CD-ROM or =
two - production costs 50cents! - once the texts are digitized. And =
monetary reformers, between them, should be able to manage to digitize =
all such texts, with each participant concentrating on his favourite =
ones, to the extent that he has access to them, indivision of labour =
with others interested in the same texts.=20
What one person cannot tackle and complete on his own, the international =
freedom movement people should be able to accomplish rather fast, once =
they properly organize themselves and connect for this purpose, dividing =
the labour involved.

Then questions like yours will be settled more or less authoritatively, =
sooner or later, in corresponding reference works.=20

Monetary freedom means PIOT in the monetary sphere: To each the exchange =
medium and value standard of his or her dreams!

PIOT, John Zube.=20
  ----- Original Message -----=20
  From: Thomas Dobson=20
  To: jzube@acenet.com.au=20
  Sent: Wednesday, January 03, 2001 10:10 AM
  Subject: Question re Your Web Site



  Question- Lawful Money in the USA is Gold and Silver Coin. Which is =
the stronger...Lawful Money or Legal Tender. That is the difficult =
question. Title 12 U.S.Code defines Lawful Money as Silver and Gold. It =
would seem that Lawful is the stronger word. Just speculating while =
reading your web site. Best to You and Yours.=20


  --- tjdri@earthlink.net
  --- EarthLink: It's your Internet.



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<DIV><FONT size=3D2>Dear Thomas Dobson,</FONT></DIV>
<DIV><FONT=20
size=3D2>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbs=
p;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp=
;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;=20
the question you put is not so much one regarding my website but just =
regarding=20
one term, "legal tender",&nbsp;as opposed to the one which you seem to =
prefer:=20
"lawful money".</FONT></DIV>
<DIV><FONT size=3D2>In my booklet on legal tender, appended to my =
literature list=20
in my website, I gave about 19 different definitions of legal tender. I =
am=20
certain that many more do exist. (To publish a comprehensive list, =
pointing out=20
the errors in each of the faulty wordings, is one of my aims. Likewise, =
a full=20
discussion of GRESHAM'S LAW and of TAX FOUNDATION and of PAPER MONEY, =
and of=20
EXCHANGE MEDIA &amp; of VALUE STANDARDS. </FONT></DIV>
<DIV><FONT size=3D2>All too many simply equate "legal tender" with =
"lawful money",=20
not even taking into consideration that e.g. cheques, although not legal =
tender,=20
are also a lawful means of payment and so is any form of clearing that =
the=20
authorities do permit. Nor are legally not permitted payments that do =
satisfy=20
payer and payee in any sensible and moral way "lawless" =
payments.</FONT></DIV>
<DIV><FONT size=3D2></FONT>&nbsp;</DIV>
<DIV><FONT size=3D2>Any legal tender money is rather "lawless" money in =
the best=20
meaning of "law". </FONT></DIV>
<DIV><FONT size=3D2></FONT>&nbsp;</DIV>
<DIV><FONT size=3D2>Nobody who tries to declare what is "lawful" money, =
has the=20
right to prescribe to dissenters what they are to consider among =
themselves as=20
their currency and their value standard. Freedom of choice for both, =
regardless=20
of what territorial constitutionalists and lawmakers consider to be the =
ideal=20
kind of currency and value standard.</FONT></DIV>
<DIV><FONT size=3D2></FONT>&nbsp;</DIV>
<DIV><FONT size=3D2>One can get the clearest insight on what constitutes =
money,=20
currencies, value standards, clearing, credit, debt, etc., if one =
considers a=20
situation, even if merely as a thought game, in which not a single law,=20
regulation, constitutional clause or juridical decision on such subjects =
exists=20
at all and all these facilities have to be developed by free people, who =
do not=20
want to go on with the "benefits" of monetary despotism that have come =
upon=20
them.</FONT></DIV>
<DIV><FONT size=3D2></FONT>&nbsp;</DIV>
<DIV><FONT size=3D2>I experienced two regimes, that legalized their =
oppression and=20
atrocities, so "lawful" is not excactlly a term that inspires =
me.</FONT></DIV>
<DIV><FONT size=3D2>Nor did I gain a great respect for the avalanches of =
laws,=20
regulations and administrative orders that democracies and republics, =
with more=20
or less free voting and expression and information, have passed over the =
2=20
centuries.</FONT></DIV>
<DIV><FONT size=3D2></FONT>&nbsp;</DIV>
<DIV><FONT size=3D2>As for the U.S. case: What you and the constitution =
meant to=20
be the only "lawful&nbsp;money" has been largely ignored or suppressed =
during=20
and after the American Revolution. In 1990 and 1991 I spent most of a =
year in=20
the U.S. and never saw "lawful money" in your meaning. All I saw was =
examples of=20
the imposition of monetary despotism, practised for all too long, in =
spite of=20
the Constitution, the Bill of Rights and Supreme Court decisions - or, =
BECAUSE=20
of them!</FONT></DIV>
<DIV><FONT size=3D2>Even Washington was not without blame in this =
respect. He paid=20
his troops off only after sending them first into a distant wilderness =
or place=20
and then offered them only a depreciated paper money at a forced value,=20
foreseeing that in these places and in their conditions they would then =
hardly=20
mutiny against this abuse. But from his tenants he demanded payment in =
gold,=20
while he paid his debts in depreciated paper! </FONT></DIV>
<DIV><FONT size=3D2>Where IS your lawful money? Only in some underground =
exchanges=20
or attempts to establish e-gold systems etc.</FONT></DIV>
<DIV><FONT size=3D2></FONT>&nbsp;</DIV>
<DIV><FONT size=3D2>I do not care whether some laws do nominally respect =
what you=20
consider to be the only "lawful" money. In practice, the overwhelming =
consent of=20
the lawmakers and interpreters has decided against it. Thus nothing less =
but a=20
monetary revolution will be required to get out from under monetary =
despotism.=20
</FONT></DIV>
<DIV><FONT size=3D2>Such a revolution can be quite non-violently =
executed but it=20
needs much educational preparation.</FONT></DIV>
<DIV><FONT size=3D2>Towards this aim I published as much as I could on =
monetary=20
freedom, probably more than any other individual ever did before and =
will=20
continue to do so, although so far mainly only on microfiche. =
</FONT></DIV>
<DIV><FONT size=3D2></FONT>&nbsp;</DIV>
<DIV><FONT size=3D2>Under full monetary freedom the adherents of metal =
commodity=20
money will get their chance, too. But they will have to be able to stand =
the=20
competition from other privately and cooperatively issued local and =
other=20
currencies that do not promise e.g. gold or silver metal redemption but =
merely=20
readiness to accept these notes, at par, for the goods and services of =
the=20
issuer and in all debts due to him.</FONT></DIV>
<DIV><FONT size=3D2>However, many of these issuers will denominate their =
notes and=20
clearing house certificates e.g. in gold or silver weight units, and =
price their=20
goods and services in such units, without promising more than acceptance =
at par=20
with the stated metal values for all their goods and =
services.</FONT></DIV>
<DIV><FONT size=3D2>Free choice in value standards will come to prevail, =
sooner or=20
later, despite the despotic inclinations of most money =
reformers.</FONT></DIV>
<DIV><FONT size=3D2>A gold clearing or gold-for-account currency is in =
theory and=20
in practice a much sounder currency than any that depends upon gold =
stocks of=20
the issuer and gold redemption obligations of them, combined with the =
right of=20
the note holders to demand gold redemption upon presentation of their =
gold=20
certificates. </FONT></DIV>
<DIV><FONT size=3D2>The discussion on this has been going on for over =
200 years=20
and has not yet been settled to general satisfaction. Popular errors and =
myths=20
on the subject, centuries old, still prevail, even among most of the =
academic=20
writings of libertarians during the last quarter of a century. The =
monetary=20
sectarians and church members still far outnumer the genuine monetary=20
scientists, even among the leading libertarian economists!</FONT></DIV>
<DIV><FONT size=3D2></FONT>&nbsp;</DIV>
<DIV><FONT size=3D2>Under full monetary freedom, for gold&nbsp;value =
clearing=20
notes and certificates and accounts,&nbsp;rare metal redemption, to the =
extent=20
that holders desire it, will be referred to the free market in such =
metals.=20
Consequently, all the rare metals in the world will, potentially, act as =
a=20
"redemption fund". </FONT></DIV>
<DIV><FONT size=3D2></FONT>&nbsp;</DIV>
<DIV><FONT size=3D2>One of the preconditions for enlightenment on =
monetary freedom=20
options will be an alphabetized handbook on its terms, theories, =
practices,=20
history and future potential. I have long wanted to compile such a =
handbook,=20
largely based on the teachings of the German School of Monetary Freedom, =
but,=20
unfortunately, even trying to popularize something as simply as the =
freedom of=20
expression and information opportunities that microfiche do offer to =
freedom=20
lovers, has taken most of my time and energy during the last 23 years.=20
Presently, I try, so far still in vain, too, to interest enough =
libertarians in=20
using CD-ROMs for their writings, towards a complete freedom library and =

publishing service.</FONT></DIV>
<DIV><FONT size=3D2></FONT>&nbsp;</DIV>
<DIV><FONT size=3D2>One CD-ROM, whose blank and pressing costs are down =
to 50=20
Australian cents, can contain 300 to 2,000 libertarian books, zipped, =
and yet=20
libertarians have still left them largely unused, although a mere 300 of =
these=20
disks, or ca. 40 CVDs, could, perhaps,&nbsp;contain a complete freedom =
library=20
and probably no freedom lover would have time in his life to read more =
than the=20
contents of 10 such disks, which could be marketed probably for as =
little as $ 5=20
- 50 each.</FONT></DIV>
<DIV><FONT size=3D2>This in spite of the fact that music, software and =
games=20
lovers have provided tenthousands, if not hundredthousands of CD-ROMs =
for=20
themselves.</FONT></DIV>
<DIV><FONT size=3D2>Libertarians have largely ignored their microfiche, =
their=20
floppy disk and also their CD-ROM publishing for what is supposedly =
their=20
favourite literature.</FONT></DIV>
<DIV><FONT size=3D2>Would they rather let the case for liberty be =
forfeited than=20
resort to such alternative media???</FONT></DIV>
<DIV><FONT size=3D2></FONT>&nbsp;</DIV>
<DIV><FONT size=3D2>And do not try to tell me that the Internet, like =
God or=20
father State, will provide.</FONT></DIV>
<DIV><FONT size=3D2>I got active in promoting CD-ROMs, once again, after =
I=20
experienced that downloading from the Internet, to fill a single CD-ROM, =
would=20
have cost me 400 hours of hard and boring labour and ca. $ A 1,200 in =
connection=20
fees, while the burning of a single CD-ROM, on a simple home PC, IF the =
text is=20
already digitized for this on a HD, would take only all of 15 minutes!=20
</FONT></DIV>
<DIV><FONT size=3D2></FONT>&nbsp;</DIV>
<DIV><FONT size=3D2>Here is one of the greatest educational =
opportunities for our=20
times - remaining largely unused. In about 45 days I have so far gained =
only 30=20
people in favour of this idea. Hopefully, John Humphrey's new website on =
a=20
LIBERTARIAN LIBRARY, only just started, will speed the process up. It =
links to=20
two of my early papers on this subject. The list of interested people =
these=20
links contain is&nbsp; dated.</FONT></DIV>
<DIV><FONT size=3D2><A=20
href=3D"http://www.geocities.com/libertarian_library/">www.geocities.com/=
libertarian_library/</A></FONT></DIV>
<DIV><FONT size=3D2></FONT>&nbsp;</DIV>
<DIV><FONT size=3D2>Possibly all monetary freedom writings would fit =
onto a single=20
CD-ROM or two - production costs 50cents! - once the texts are =
digitized. And=20
monetary reformers, between them, should be able to manage to digitize =
all such=20
texts, with each participant concentrating on his favourite ones, to the =
extent=20
that he has access to them, indivision of labour with others interested =
in the=20
same texts. </FONT></DIV>
<DIV><FONT size=3D2>What one person cannot tackle and complete on his =
own, the=20
international freedom movement people should be able to accomplish =
rather fast,=20
once they properly organize themselves and connect for this purpose, =
dividing=20
the labour involved.</FONT></DIV>
<DIV><FONT size=3D2></FONT>&nbsp;</DIV>
<DIV><FONT size=3D2>Then questions like yours will be settled more or =
less=20
authoritatively, sooner or later, in corresponding reference works.=20
</FONT></DIV>
<DIV><FONT size=3D2>
<DIV><FONT size=3D2></FONT>&nbsp;</DIV>
<DIV><FONT size=3D2>Monetary freedom means PIOT in the monetary sphere: =
To each=20
the exchange medium and value standard of his or her=20
dreams!</FONT></DIV></FONT></DIV>
<DIV><FONT size=3D2></FONT>&nbsp;</DIV>
<DIV><FONT size=3D2>PIOT, John Zube. </FONT></DIV>
<BLOCKQUOTE dir=3Dltr=20
style=3D"PADDING-RIGHT: 0px; PADDING-LEFT: 5px; MARGIN-LEFT: 5px; =
BORDER-LEFT: #000000 2px solid; MARGIN-RIGHT: 0px">
  <DIV style=3D"FONT: 10pt arial">----- Original Message ----- </DIV>
  <DIV=20
  style=3D"BACKGROUND: #e4e4e4; FONT: 10pt arial; font-color: =
black"><B>From:</B>=20
  <A title=3Dtjdri@earthlink.net =
href=3D"mailto:tjdri@earthlink.net">Thomas=20
  Dobson</A> </DIV>
  <DIV style=3D"FONT: 10pt arial"><B>To:</B> <A =
title=3Djzube@acenet.com.au=20
  href=3D"mailto:jzube@acenet.com.au">jzube@acenet.com.au</A> </DIV>
  <DIV style=3D"FONT: 10pt arial"><B>Sent:</B> Wednesday, January 03, =
2001 10:10=20
  AM</DIV>
  <DIV style=3D"FONT: 10pt arial"><B>Subject:</B> Question re Your Web =
Site</DIV>
  <DIV><FONT size=3D2></FONT><FONT size=3D2></FONT><FONT =
size=3D2></FONT><FONT=20
  size=3D2></FONT><BR></DIV>
  <P>
  <DIV></DIV>
  <DIV>Question- Lawful Money in the USA is Gold and Silver Coin. Which =
is the=20
  stronger...Lawful Money or Legal Tender. That is the difficult =
question. Title=20
  12 U.S.Code defines Lawful Money as Silver and Gold. It would seem =
that Lawful=20
  is the stronger word. Just speculating while reading your web site. =
Best to=20
  You and Yours. </DIV>
  <DIV>&nbsp;</DIV>
  <DIV>&nbsp;</DIV>
  <DIV>--- <A =
href=3D"mailto:tjdri@earthlink.net">tjdri@earthlink.net</A></DIV>
  <DIV>--- EarthLink: It's your Internet.</DIV>
  <DIV>&nbsp;</DIV>
  <P></P></BLOCKQUOTE></BODY></HTML>

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