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~ documents from sovereigns on how to attain freedom- Not legal advice-just what has worked for others

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Tag Archives: affidavit

The IRS Title 15 Is Their Achilles Heel (Debt Validation) Part 2

02 Sunday Dec 2012

Posted by eowyndbh in Uncategorized

≈ 10 Comments

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affidavit, debt validation to IRS, debt vallidation Title 15, demand for assessment by IRS, Demand to Cease for IRS, desist abusive practices IRS, Internal Revenue Service remedy, IRS remedy, IRS territorial jurisdiction, letter of demand, Marque and Reprisal, private IRS, Title 15

(Blog Masters Note:
I apologize to my readers for the delay in posting. I was a necessary delay for reasons of the heart. I have been dating, and will probably not post until after the holidays. This is a happy time for me. Happy Holidays!!!

(For Frank ‘Austin’ England III) 

§ 1692g. Validation of debts

(a) Notice of debt; contents

Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing—
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer’s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
(b) Disputed debts
If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.
(c) Admission of liability

The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

§ 1692h. Multiple debts

If any consumer owes multiple debts and makes any single payment to any debt collector with respect to such debts, such debt collector may not apply such payment to any debt which is disputed by the consumer and, where applicable, shall apply such payment in accordance with the consumer’s directions.

§ 1692i. Legal actions by debt collectors
(a) Venue
Any debt collector who brings any legal action on a debt against any consumer shall—
(1) in the case of an action to enforce an interest in real property securing the consumer’s obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or
(2) in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity—
(A) in which such consumer signed the contract sued upon; or
(B) in which such consumer resides at the commencement of the action.
(b) Authorization of actions
Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors.

§ 1692j. Furnishing certain deceptive forms (a) Venue

(a) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating.

(b) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this subchapter

§ 1692k. Civil liability

(a) Amount of damages

Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of—

(1) any actual damage sustained by such person as a result of such failure;
(2)
(A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000; or

(B) in the case of a class action, (i) such amount for each named plaintiff as could be recovered under subparagraph (A), and (ii) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of $500,000 or 1 per centum of the net worth of the debt collector; and

(3) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney’s fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney’s fees reasonable in relation to the work expended and costs.
(b) Factors considered by court
In determining the amount of liability in any action under subsection (a) of this section, the court shall consider, among other relevant factors—
(1) in any individual action under subsection (a)(2)(A) of this section, the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, and the extent to which such noncompliance was intentional; or
(2) in any class action under subsection (a)(2)(B) of this section, the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, the resources of the debt collector, the number of persons adversely affected, and the extent to which the debt collector’s noncompliance was intentional.
(c) Intent
A debt collector may not be held liable in any action brought under this subchapter if the debt collector shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.
(d) Jurisdiction
An action to enforce any liability created by this subchapter may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within one year from the date on which the violation occurs.
(e) Advisory opinions of Commission
No provision of this section imposing any liability shall apply to any act done or omitted in good faith in conformity with any advisory opinion of the Commission, notwithstanding that after such act or omission has occurred, such opinion is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.

§ 1692l. Administrative enforcement


(a) Federal Trade Commission

Compliance with this subchapter shall be enforced by the Commission, except to the extent that enforcement of the requirements imposed under this subchapter is specifically committed to another agency under subsection (b) of this section. For purpose of the exercise by the Commission of its functions and powers under the Federal Trade Commission Act [15 U.S.C. 41 et seq.], a violation of this subchapter shall be deemed an unfair or deceptive act or practice in violation of that Act. All of the functions and powers of the Commission under the Federal Trade Commission Act are available to the Commission to enforce compliance by any person with this subchapter, irrespective of whether that person is engaged in commerce or meets any other jurisdictional tests in the Federal Trade Commission Act, including the power to enforce the provisions of this subchapter in the same manner as if the violation had been a violation of a Federal Trade Commission trade regulation rule.

(b) Applicable provisions of law

Compliance with any requirements imposed under this subchapter shall be enforced under—

(1) section 8 of the Federal Deposit Insurance Act [12 U.S.C. 1818], in the case of—

(A) national banks, and Federal branches and Federal agencies of foreign banks, by the Office of the Comptroller of the Currency;

(B) member banks of the Federal Reserve System (other than national banks), branches and agencies of foreign banks (other than Federal branches, Federal agencies, and insured State branches of foreign banks), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25(a) [1] of the Federal Reserve Act [12 U.S.C. 601 et seq., 611 et seq.], by the Board of Governors of the Federal Reserve System; and

(C) banks insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System) and insured State branches of foreign banks, by the Board of Directors of the Federal Deposit Insurance Corporation;

(2) section 8 of the Federal Deposit Insurance Act [12 U.S.C. 1818], by the Director of the Office of Thrift Supervision, in the case of a savings association the deposits of which are insured by the Federal Deposit Insurance Corporation;

(3) the Federal Credit Union Act [12 U.S.C. 1751 et seq.], by the National Credit Union Administration Board with respect to any Federal credit union;

(4) subtitle IV of title 49, by the Secretary of Transportation, with respect to all carriers subject to the jurisdiction of the Surface Transportation Board;

(5) part A of subtitle VII of title 49, by the Secretary of Transportation with respect to any air carrier or any foreign air carrier subject to that part; and

(6) the Packers and Stockyards Act, 1921 [7 U.S.C. 181 et seq.] (except as provided in section 406 of that Act [7 U.S.C. 226, 227]), by the Secretary of Agriculture with respect to any activities subject to that Act.

The terms used in paragraph (1) that are not defined in this subchapter or otherwise defined in section 3(s) of the Federal Deposit Insurance Act (12 U.S.C. 1813(s)) shall have the meaning given to them in section 1(b) of the International Banking Act of 1978 (12 U.S.C. 3101).

(c) Agency powers

For the purpose of the exercise by any agency referred to in subsection (b) of this section of its powers under any Act referred to in that subsection, a violation of any requirement imposed under this subchapter shall be deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in subsection (b) of this section, each of the agencies referred to in that subsection may exercise, for the purpose of enforcing compliance with any requirement imposed under this subchapter any other authority conferred on it by law, except as provided in subsection (d) of this section.

(d) Rules and regulations

Neither the Commission nor any other agency referred to in subsection (b) of this section may promulgate trade regulation rules or other regulations with respect to the collection of debts by debt collectors as defined in this subchapter.

§ 1692m. Reports to Congress by the Commission; views of other Federal agencies

(a) Not later than one year after the effective date of this subchapter and at one-year intervals thereafter, the Commission shall make reports to the Congress concerning the administration of its functions under this subchapter, including such recommendations as the Commission deems necessary or appropriate. In addition, each report of the Commission shall include its assessment of the extent to which compliance with this subchapter is being achieved and a summary of the enforcement actions taken by the Commission under section 1692l of this title.

(b) In the exercise of its functions under this subchapter, the Commission may obtain upon request the views of any other Federal agency which exercises enforcement functions under section 1692l of this title.

§ 1692n. Relation to State laws

This subchapter does not annul, alter, or affect, or exempt any person subject to the provisions of this subchapter from complying with the laws of any State with respect to debt collection practices, except to the extent that those laws are inconsistent with any provision of this subchapter, and then only to the extent of the inconsistency. For purposes of this section, a State law is not inconsistent with this subchapter if the protection such law affords any consumer is greater than the protection provided by this subchapter.

§ 1692o. Exemption for State regulation

The Commission shall by regulation exempt from the requirements of this subchapter any class of debt collection practices within any State if the Commission determines that under the law of that State that class of debt collection practices is subject to requirements substantially similar to those imposed by this subchapter, and that there is adequate provision for enforcement.

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

name and address

certified mail number ________________________

Linda E. Stiff, #   ,

AgentName, #  , IRSTitle,

c/o LINDA E. STIFF,

Acting Commissioner of Internal Revenue

Internal Revenue Service

Room 5226

1111 Constitution Avenue, NW

Washington, D.C. 20224

Telephone:

Fax:

AgentName, #, IRSTitle

Mailing Address

City, State Zip

Date

RE:

Notice of Demand for Verified Assessment for Year 20–,
account # 000- 00- 0000;
Demand to Cease and Desist Abusive Collection Practices

 Commissioner of Internal Revenue; Agent Name; To Whom This May Concern:

Commissioner, et al., “You” are herein demanded by the undersigned to verify that You, and Your delegates’, collection activities and performances are within Your official duties as the officer or employee or assignee of the United States Government; and specifically,  2) You are demanded by the undersigned to cause to be prepared and produced to the undersigned written verified assessment(s) concerning all alleged or presumed liability and thereby, outstanding debt for any and all taxable years currently in question re account # 000- 00- 0000, including, but not limited to, calendar year 20–; and, 20–) You are hereby noticed: You are not authorized to present yourself, or cause your delegate to take the liberty to appear at My dwelling(s) or work place(s) as such practice gives cause to intimidate Me, causes Me to suffer undue duress and distress and is absolutely unnecessary. Such presumptive and thereby, summary liberties are by their nature, abusive collection practices and recognized as such pursuant to U.S. federal and Oregon state law. 3) You are herein noticed that until You have duly provided to Me the herein referenced verified assessment(s) for any and all alleged liability and therefore alleged debt that all further activity by You or Your delegates, including, but not limited to, failed reimbursement of prior under color collections having not been verified by assessment, or the continued abuse of the collection process pursuant to Title 15 of an unverified liability or debt, is willful and abusive practice and categorically willful and direct violation of U.S. federal law and Oregon state law; and, 4) You are noticed that henceforth, I authorize Youto contact Me only by mail at the mailing address above; and, 5) You have 30 business days to act in accordance with this demand requiring substantive due process pursuant to Title 15 and in accordance with the Fair Debt Collection Practices Act.

 I anticipate Your timely cooperation in remediation of the aforesaid alleged liability(s) and debt(s), the immediate cessation of abusive practices by You and Your delegates, and the appropriate prompt return of all personal property plus interest.
Notice to agent is notice to principal; notice to principal is notice to agent.

______________________________
Full Name
cc:  (name), Acting Attorney General, U.S.

          (name), Arizona Attorney General
          (name), Director Arizona Department of Revenue

 (example for Arizona)

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

Here is the affidavit I am sending.

                                                                                     AFFIDAVIT
By                                          VERIFIED DECLARATION 

________________
)
)
(notary seal)          ) ss
)
_______________)

For: Whom it may concern: In the Matter for Your Name Here, including any and all derivations and variations in the spelling thereof.

WHEREAS, the public record is the highest form of evidence, I, Your Name Here, am hereby timely creating for the public record by this Affidavit and by Verified Declaration within in the jurisdiction of  (state)   republic and the united States of America.

PLAIN STATEMENT OF FACTS

1. Fact: I, Your Name Here, have not seen or been presented with any substantive ofer of proof or evidence which demonstrates that, primarily, the entity known as the INTERNAL REVENUE SERVICE is anything other than a foreign entity, having its origin and headquarters in the territorial jurisdiction of the territory of Puerto Rico and thereby, being nothing more, than a mere rogue collection agency employing agents to operate in the nature of privateers , while at all times, said agents are encouraged to presume to employ collection/prize measures in the form of Marque and Reprisal i.e. pillage and plunder in the said agent’s private and thereby, personal capacity for the express purpose to unjustly enrich themselves;

2. Fact: I, Your Name Here, have not seen or been presented with any substantive offer of evidence which demonstrates the entity known as the INTERNAL REVENUE SERVICE is in fact, a registered entity, not to be confused as the corporation registered in the State of Delaware circa 1933, and firmly believe that the said INTERNAL REVENUE SERVICE cannot in fact, make a valid offer of proof of its substantive existence other than a private entity;

3. Fact: I, Your Name Here, have not seen or been presented with an offer of proof of verifiable evidence which demonstrates that the INTERNAL REVENUE SERVICE is anything other than a wholly private entity presuming to act under color of law while at all times, masquerading as a duly authorized government taxing agency for enforcement and collection purposes;

4. Fact: I, Your Name Here, have not seen or been presented with an offer of proof, that any verifiable evidence is available to demonstrate, the INTERNAL REVENUE SERVICE is exempted to comply with the letter of law re Title 15 chapter 41 subchapter V  § 1962;      

  UNDISPUTED CONCLUSIONS 

 (Blog Master’s Note: the Affidavit continues and I will pick up at this point)                                                                                  

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The Affidavit Of Natural Identity And Caveat

04 Saturday Aug 2012

Posted by eowyndbh in Uncategorized

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affidavit, Affidavit of natural identity, authorized representative, Bacon's Maxim, caveat attesting to identity, Initials are no legal part of a name, Initials not part of name, Maxims of Law, maxims on identity, maxims on law of persons, Monroe Cattle Co. v. Becker, natural name, Notice to the Agent is notice to the Principal, Sovereign document

(For Frank ‘Austin’ England III) 
 
 

AFFIDAVIT AND CAVEAT ATTESTING
TO THE NATURAL IDENTITY
IN FACT OF NAME:

Notice and Caveat:
I, _______________________ am who I say I am and specifically object to, and thereby take exception to any and all presumptive process that alleges otherwise. Any process, CIVIL OR CRIMINAL that alleges my natural person to identify with any form or alteration of my given name _____________________ for the express purpose to acquire or gain personal jurisdiction by artifice and/or constructive fraud, is summarily challenged forthwith and thereby notes the burden of proof lies with the party or parties seeking to compel subrogation or traverse to any and all jurisdictions by __________________________ and by their nature, such civil or criminal process under copyright law are limited to the procedural due process of actual controversies of fictitious parties. Absent full and complete disclosure of the explicit purpose to acquire personal jurisdiction of the Master/authorized representative i.e __________________ in lieu of the named or fictitious/represented party in fact, fraud will be presumed and dealt with accordingly.

See Memorandum in Support of:

THE DISCERNMENT OF NAMES/Names and PERSONS, natural and otherwise.

Nam:  Nothing should be rashly changed {Nil temere novandum; Jenk. Cent. Cas. 163}; Names of things ought to be understood according to common usage, not according to the opinions of individuals {Non ex opinionibus singulorum, sed ex communi usi, nomina exaudiri debent}; Records are vestiges of antiquity and truth {Recorda sunt vestigia vetustatis et veritatis}; Cf. ORS40.135(r) (Rule 311) (A person is the same person if the name is identical.); State v. Garrett, 281 Or 281, 574 P2d 639 But is not necessarily, representative of the natural person (1978) (Literal identity of names is necessary to trigger presumption of identity of persons so as to present prima facie case, and mere similarity of names, without additional corroborating evidence, will not support finding of identity of persons.);  Monroe Cattle Co. v. Becker , 147 U.S. 47, 58, 37 L. ed. 72, 13 Sup. Ct. Rep. 217 (1893) (Defendant was impleaded by the name of A. W. Becker. Initials are no legal part of a name, the authorities holding the full Christian name to be essential. Wilson v. Shannon, 6 Ark. 196; Norris v. Graves, 4 Strob. 32; Seely v. Boon, 1 N. J. Law, 138; Chappell v. Proctor, Harp. 49; Kinnersley v. Knott, 7 C. B. 980; Turner v. Fitt, 3 C. B. 701; Oakley v. Pegler, (Neb .) 46 N. W. Rep. 920; Knox v. Starks, 4 Minn. 20, (Gil. 7;) Kenyon v. Semon, (Minn.) 45 N. W. Rep. 10; Beggs v. Wellman, 82 Ala. 391, 2 South. Rep. 877; Nash v. Collier, 5 Dowl. & L. 341; Fewlass v. Abbott, 28 Mich. 270.);

MAXIMUMS OF LAW ON PERSONS

Designatio unius est exclusio alterius, et expressum facit cessare tacitum. The appointment or designation of one is the exclusion of another; and that expressed makes that which is implied to cease. Coke, Litt. 210. Cf. Affirmatio unius exclusio est alterius;Alteration; Designation; Enumeratio unius est exclusio alterius; Expressio unius personæ est exclusio alterius; Expressum facit cessare tacitum; Falsus in uno, falsus in omnibus;Inclusio unius est exclusio alterius; Misnomer; Patent ambiguity; Spoliation; Variance; Burgin v. Forbes, 293 Ky. 456, 169 S.W.2d, 321, 325 (The certain designation of one person is an absolute exclusion of all others.);

Expressio unius personæ est exclusio alterius.   The mention of one person is the exclusion of another.

SED VIDE:
Ex multitudine signorum, colligitur identitas vera. From a great number of signs or marks, true identity is gathered or made up.
Identitas vera colligitur ex multitudine signorum. True identity is collected from a multitude of signs.

Præsentia corporis tollit errorem nominis, et veritas nominis tollit errorem demonstrationis. The presence of the body cures the error in the name; the truth of the name cures an error in the description. Bacon’s Max. Reg. 25.

VERIFICATION

State of     )
                   ) ss.
County of  )

I, _________________, by statutory definition, being a Natural Person and duly sworn, do hereby verify that the factual statements set forth above are true and accurate, based upon my knowledge, information and belief and legal citation. 

By: ___________________________________________________________

ACKNOWLEDGMENT

BE IT REMEMBERED, That on May 16, 2005, before me, the undersigned, a Notary Public in and for the state of Oregon, personally appeared the within named: , known to me to be the identical individual described in and who executed the within instrument and acknowledged to me that he executed the same freely and voluntarily.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written.

————————————————————

Notary Public for (State):
My commission expires: __________________________

 

CERTIFICATE OF SERVICE

I hereby certify that the original of this instrument was properly mailed to: Internal Revenue Service, Et alii: d.b.a. Department of the Treasury Internal Revenue Service at FRESNO, CA 93888-0025 via U.S. Certified Mail No. ________________ postage prepaid and witnessed with one copy to the following:

District Director, Et alii:              U.S. Certified Mail No. ____________

d.b.a. Dept. of the Treasury
Internal Revenue Service
FRESNO, CA 93888-0025


Notice to the Agent is notice to the Principal Notice to the Principal is Notice to the Agent

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Uniform Commercial Code (The Application of Commercial Law) part 1

12 Tuesday Jun 2012

Posted by eowyndbh in Uncategorized

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7th Amendment, affidavit, affidavit of truth, commercial affidavit, commercial lien, commercial process is non-judicial, criminal complaint, International commerce, IRS, IRS is non-existent, IRS lacks jurisdiction, IRS not a party, IRS not registered, liens on traffic tickets, Maxims of Commerce, remedy in commerce, Seventh Amendment, Sheriff's common law jury, Title 18, Title 18 for sovereigns, truth is sovereign, UCC-1 Financing Statement, violation of constitution

(For Frank ‘Austin’ England III) 
 

The Application of Commercial Law

PURPOSE: To find out what group you are in

Provides a brief summary on the differences in bodies of law by definition

More definitions regarding titles, property and possession

Gives an overall view on how to get back control of your universe

Explains how to make the UCC-1 contract and how to properly file it

Explains how to establish own private treaty with the world

FINAL PRODUCT: The ability to control one’s body and one’s property

Hierarchy of Law!

The first order of law is Natural Law.   These are Universal Principals which so necessarily agrees with nature and state of man, that without observing their inherent maxims, the peace and happiness of society can never be preserved.Knowledge of natural laws may be attained merely by the light of reason, from the facts of their essential agreeableness with the constitution of human nature. Natural Law exists regardless of whether it is enacted as positive law.

When law began to emerge into human consciences, thought, word and deed we come to the next order of law on this planet. The most fundamental law of all human law has to do with survival which is a Universal Principal. It has to do with human interactions, of any kind, any relationships, buying, selling or trading or relating in any way. It is based upon treating or dealing with others the way that you would like to be treated or dealt with. This is the Law of Commerce. The Law of Commerce has been in operation since man interacted with each other starting many thousands of years ago through the Sumerian/Babylonian era where it was codified and enforced. Ancient artifacts dating over 6,000 old reveal that the system was so complex it even included reciepts, coined money, shopping lists, manifestos and a postal system with the medium being in baked clay.

As a derivative of Commercial law, being removed from natural law, and therefore inferior, is Common Law (common [L co together + munis service, gift, exchange] to exchange together). This emerged, basically, in England out of disputes over a portion of the earth in allodium (sovereign ownership of land) and was based on “common” sense. So, common law is the law of the earth. Common law gave rise to the jury system and many writs and processes which governments have absorbed and statutized and made into rules and regulation processes in courts.

Common Law procedures were based on the opportunity “to face your accuser or the injured party” in front of witnesses to sort out the problem directly. This process was never intended to include “lawyers, attorneys or judges construing their own law”, as these “titles” are all based upon the fiction of “representation” which can never “be the real thing”.

After common law come governments, and their laws and legislative regulations, ad infinitum of the organic republics of the states. The only “laws” that the state can create is to “allow commerce to flow more efficiently WITHIN the state”. The only “law” the central government, united States of America, could create was to “allow commerce to flow more efficiently BETWEEN the states. ” It was never intended to regulate people – the soverans.

Below that, the “garbage froth,” more or less, is politics and the private copyrighted company policy of foreign corporations such as UNITED STATES, THE STATE OF…, THE COUNTY OF…, THE CITY OF…, etc. The purpose of these “municipalities” [L munus service, gift, exchange + capere to take; to take service and exchange] is to “govern” fictitious entities such as JOHN DOE and K-MART – not to regulate people. Remember back when you thought that YOU were JOHN DOE because that is how it is written on your drivers license?

One of our problems is that when we engage with government, municipalities and other such elements, in all our dealings in the law when have been conditioned to interact on and in THEIR level. We have never risen to the level where the base of law is, where the reality, the power, the solidity and the pre-eminence exists – THE SOVERANS LEVEL. But now, we can function in this powerful level. This is Check mate. This is the end of the game. THIS IS THE REMEDY.

Commerce

The principles, maxims and precepts of Commerce Law are eternal, unchanging and unchangeable. They are expressed in the Bible, both the Old Testament and the New. We learned in the second course how the law of commerce has plagued us for more than 6000 years. This law of commerce, unchanged for thousands of years, forms the underlying foundation for all law on this planet and for governments around the world. It is the law of Nations and everything that human civilization is built upon. This is why it is so powerful. When you operate at this level, by these precepts, nothing that is of inferior statute can overturn or change it or abrogate it or meddle with it. It remains the fundamental source of authority and power and functional reality.

The Affidavit

Commerce in everyday life is the vehicle or glue that holds, or binds, the corporate body politic together. More specifically, commerce consists of a mode of interacting, doing business, or resolving disputes whereby all matters are executed under oath, certified on each patty’s commercial liability by sworn affidavit, or what is intended to possess the same effect, as true, correct, and complete, not misleading, the truth, the whole truth and nothing but the truth.

This affidavit is usually required for an application for a driver’s license, and IRS form 1040, a voters registration, a direct Treasury Account, a Notary’s “Copy Certification” or certifying a document, and on nearly every single document that the system desires others to be bound or obligated. Such means of signing is an oath, or Commercial Affidavit, executed under penalty of perjury, “true. Correct, and complete”. Whereas in a court setting testimony (oral) is stated in judicial terms by being sworn to be “the truth, the whole truth, and nothing but the truth, so help me God.”

In addition to asserting all matters under solemn oath of personal, commercial, financial, and legal liability for the validity of each and every statement, the participant must provide material evidence, i.e. ledgering, or bookkeeping, providing the truth, validity, relevance, and verifiably of each and every particular assertion to sustain credibility. Commerce is antecedent to and more fundamental to society that courts or legal systems, and exists and functions without respect to courts or legal systems. Commercial Law, the non-statutorily variety as presented below in maxims 1 through 10, is the economic extension of Natural Law into man’s social world and is universal in nature. The foundational, invariant, necessary, and sufficient principles or “Maxims of Commerce” pertaining herein are:

Maxims of Law

There are ten essential maxims or precepts in commercial law.

1. WORKMAN IS WORTHY OF HIS HIRE. The first of these is expressed in Exodus 20:15; Lev. 19:13; Mat. 10:10; Luke 10″7; II Tim. 2:6. Legal maxim: “It is against equity for freemen not to have the free disposal of their own property.”

2. The second maxim is “Equality before the law” or more precisely, ALL ARE EQUAL UNDER THE LAW. (God’s Law – Moral and Natural Law). Exodus 21:23-25; Lev. 24: 17-21; Deut. 1;17, 19:21; Mat. 22:36-40; Luke 10:17; Col. 3:25. “No one is above the law”. This is founded on both Natural and Moral law and is binding on everyone. For someone to say , or acts as though, he is “above the law” is insane. This is the major insanity in the world today. Man continues to live, act, believe, and form systems, organizations, governments, laws and processes which presume to be able to supercede or abrogate Natural or Moral Law. But, under commercial law, Natural and Moral Law are binding on everyone, and no one can escape it. Commerce, by the law of nations, ought to be common, and not to be converted into a monopoly and the private gain of the few.

3. This one is one of the most comforting maxims one could have, and your foundation for your peace-of-mind and your security and your capacity to win and triumph — to get your remedy — in this business. IN COMMERCE TRUTH IS SOVEREIGN. (Exodus 20:16; Ps. 117:2; John 8:32; II Cor. 13:8 ).Truth is sovereign — and the Sovereign tells only the truth. Your word is your bond.If truth were not sovereign in commerce, i.e., all human action and inter-relations, there would be no basis for anything. No basis for law and order, no basis no accountability, there would be no standards, no capacity to resolve anything. It would mean “anything goes”, “each man for himself”, and “nothing matters”. That’s worse than the law of the jungle. Commerce. “To lie is to go against the mind”. Oriental proverb: “Of all that is good, sublimity is supreme.”

4. TRUTH IS EXPRESSED IN THE FORM OF AN AFFIDAVIT.(Lev. 5:4-5; Lev. 6:3-5; Lev. 19:11-13: Num. 30:2; Mat. 5:33; James 5: 12). An affidavit is your solemn expression of your truth. In commerce, an affidavit must be accompanied and must underlay and form the foundation for any commercial transaction whatsoever. There can be no valid commercial transaction without someone putting their neck on the line and stated, “this is true, correct, complete and not meant to mislead.” When you issue an affidavit, it is a two edged sword; it cuts both ways. Someone has to take responsibility for saying that it is a real situation. It can be called a true bill, as they say in the Grand Jury. When you issue an affidavit in commerce you get the power of an affidavit. You also incur the liability, because this has to be a situation where other people might be adversely affected by it. Things change by your affidavit, in which are going to affect people’s lives. If what you say in your affidavit is, in fact, not true, then those who are adversely affected can come back at you with justifiable recourse because you lied. You have told a lie as if it were the truth. People depend on your affidavit and then they have lost because you lied.

5. AN UNREBUTTED AFFIDAVIT STANDS AS TRUTH IN COMMERCE.(12 Pet. 1:25; Heb. 6:13-15;) Claims made in your affidavit, if not rebutted, emerge as the truth of the matter. Legal Maxim: “He who does deny, admits.”

6. AN UNREBUTTED AFFIDAVIT BECOMES THE JUDGMENT IN COMMERCE.(Heb. 6:16-17;). There is nothing left to resolve. Any proceeding in a court, tribunal, or arbitration forum consists of a contest, or duel, of commercial affidavits wherein the points remaining unrebutted in the end stand as truth and matters to which the judgment of the law is applied.  

7. IN COMMERCE FOR ANY MATTER TO BE RESOLVED MUST BE EXPRESSED.(Heb. 4:16; Phil. 4:6; Eph. 6:19-21). No one is a mind reader. You have to put your position out there, you have to state what the issue is, to have someone to talk about and resolve. Legal Maxim: “He who fails to assert his rights has none.)

8. The primary users of commercial law and those who best understand and codified it in Western Civilization are the Jews. This is Mosaic Law they have had for more than 3500 years past which is based upon Babylonian commerce. This one is: HE WHO LEAVES THE BATTLEFIELD FIRST LOSES BY DEFAULT. (Book of Job; Mat. 10:22; This means that an affidavit which is unrebutted point for point stands as “truth in commerce” because it hasn’t been rebutted and has left the battlefield. Governments allegedly exist to resolve disputes, conflicts and truth. Governments allegedly exist to be substitutes for the dueling field and the battlefield for so disputes, conflicts of affidavits of truth are resolved peaceably, reasonably instead of by violence. So people can take their disputes into court and have them all opened up and resolved, instead of going out and marching ten paces and turning to kill or injure. Legal Maxim: “He who does not repel a wrong when he can, occasions it”.

8. SACRIFICE IS THE MEASURE OF CREDIBILITY (NO WILLINGNESS TO SACRIFICE = NO LIABILITY, RESPONSIBILITY, AUTHORITY OR MEASURE OF CONVICTION).Nothing ventured nothing gained. A person must put himself on the line assume a position, take a stand, as regards the matter at hand. and One cannot realize the potential gain without also exposing himself to thew potential of loss. (One who is not damaged, put at risk, or willing to swear an oath on his commercial liability to claim authority) (Acts 7, life/death of Stephen). for the truth of his statements and legitimacy of his actions has no basis to assert claims or charges and forfeits all credibility and right Legal Maxim: “He who bears the burden ought also to derive the benefit”.

9. SATISFACTION OF A LIEN.In commerce a lien or claim can be satisfied in any one of three ways. (Gen. 2-3; Mat. 4; Revelation.).

By someone rebutting your affidavit, with another affidavit of his own, point by point, until the matter is resolved as to whose is correct, in case of non-resolution.

You convene a Sheriff’s common law jury, based on the Seventh Amendment, concerning a dispute involving a claim of more than $20. Or, you can use three disinterested parties to make judgment.

The only other way to satisfy a lien is to pay it.

Legal Maxim: “if the plaintiff does not prove his case, the defendant is absolved”.

10.So, the tenth maxim of law is: A LIEN OR CLAIM CAN BE SATISFIED ONLY THROUGH REBUTTABLE BY AFFIDAVIT POINT BY POINT, RESOLUTION BY JURY, OR PAYMENT.

Commercial Law is non-judicial.This is pre-judicial (not prejudice). This is timeless. This is the base, the foundation beneath which any government or any of their court systems can possibly exist or function.

That means what the courts are doing, and what all governments are ultimately adjudicating and making rules about, are these basic rules of Commercial Law. When you go into court and place your hand on the Bible you say, “I swear the truth, the whole truth, and nothing but the truth . . .” you have just sworn a Commercial Affidavit.

It’s the conflict between Commercial Affidavits of Truth that gives the court something to talk about, that forms the entire basis of its action, and its being there , in their venue. Hence, one of the reasons attorneys always create controversy.

No court and no judge can overturn or disregard or abrogate somebody’s Affidavit of Truth. The only one who has any capacity or right or responsibility or knowledge to rebut your Affidavit of Truth is the one who is adversely affected by it. It’s his job, his right, his responsibility to speak for himself. To issue his own affidavit because no one can speak it for him. No one else can know what your truth is or has the free-will responsibility to state it. This is YOUR job.

Commercial Law

This phrase designates the whole body of substantive jurisprudence, i.e. the Uniform Commercial Code, the Truth in Lending Act, applicable to the rights, intercourse, of persons engaged in commerce, trade or mercantile pursuits. Blacks 6th.

Commercial Law maintains the commercial harmony, integrity, and continuity of society. It’s also stated as “to maintain the peace and dignity of the State.” Over the millennia these principles have been discovered through experience and distilled and codified into those ten fundamental Maximums listed above. There is no legal issue or dispute possible which is not a function of one or more of these principles. The entirety of world commerce now functions in accordance with the Uniform Commercial Code (UCC), the UNITED STATES’ corporation version of Commercial Law.

Collection, and How To Calculate Your Damages

Now, here is another aspect of your affidavits. In commerce there is the Assessment aspect, which is who owes who, and what, why, how and for what reasons; and there is the Collection aspect.

The collection aspect is based in International commerce that has existed for more than 6000 years. Again, this is based on Jewish Law and the Jewish grace period, which is in units of three; three days, three weeks, three months. This is why you get 90day letters from the IRS.

Commercial processes are non-judicial. They are summary processes (short, concise-without a jury).

The IRS creates the most activity of Commercial Collection in the entire world. The collection process is relatively valid, although the IRS is not registered to do business in any state. Did you understand what you just read? The IRS is NOT REGISTERED TO DO BUSINESS OR PERFORM COMMERCIAL MATTERS IN ANY STATE. So how do they get all the money they get? ANSWER: because you give it to them without requesting a proof of claim from them or even if they were “licensed” to give you offers based on “arbitrary” estimations.

However, this is where things get very interesting. The other phase of matters is the assessment phase: THERE IS NO VALID ASSESSMENT. The IRS has, and never can, and never will, and never could, EVER issue a valid assessment lien or levy. It’s not possible.

First of all, in order for them to do that there would have to be paperwork, a True Bill in Commerce. There would have to be sworn Affidavits by someone that this is a true, correct and complete and not meant to deceive, which, in commerce is, essentially “the truth, the whole truth and nothing but the truth” when you get into court. Now, nobody in the IRS is going to take commercial liability for exposing themselves to a lie, and have a chance for people to come back at them with a True Bill in Commerce, a true accounting. This means they would have to set forth the contract, the foundational instrument with your signature on it, in which you are in default, and a list of all the wonderful goods and services that they have done for you which you owe them for; or a statement of all the damages that you have caused them, for which you owe them.

To my knowledge, no one has ever received goods or service from the IRS for which they owe money. I personally don’t know of anyone that has damaged anybody in the IRS that gives them the right to come after us and say that “you owe us money because you damaged me”. The assessment phase in the IRS is non-existent, it is a complete fraud. Wait a minute, there is one definition of “service” that actually applies to the IRS;

Service.The act of bringing a female animal to a male animal to get *&%$#@ so that the owner of the animals may “enjoy the product of this union.”

Gives you a warm fuzzy feeling inside doesn’t it?

This is why these rules of Commercial Law come to our rescue. T. S. Eliot wrote a wonderful little phrase in one of his poems: “We shall not cease from exploration, and the result of all our exploring will be to arrive at the place at which we began and know it for the first time.”

This is the beginning , and this is the end. This closes the circle on the process.

One reason why the super rich bankers and the super rich people in the world have been able to literally steal the world and subjugate it, and plunder it, and bankrupt it and make chattel property out of most of us is because they know and use the rules of Commercial Law and we don’t.

Because we don’t know the rules, nor use them, we don’t know what the game is. We don’t know what to do. We don’t know how to invoke our rights, remedies and recourses. We get lost in doing everything under the sun except the one and only thing that is the solution.

No one is going to explain to you what and how all this is happening to you. That is never going to happen. These powers-that-be have not divulged the rules of the game. They can and do get away with complete fraud and steal everything because no one knows what to do about it.

SOLUTION;

Well, what CAN you do about it? YOU NEED TO ISSUE A COMMERCIAL AFFIDAVIT. You don’t have to title it that, but that’s what it is. You can assert in your affidavit, “I have never been presented with any sworn affidavits that would provide validity to your assessment. It is my best and considered judgment that no such paperwork or affidavit exists.” At the end of this document, you put demands on them. They must be implicit and then you state, “Should you consider my position in error . . .”

You know what they have to do now, don’t you? They must come back with an affidavit which rebuts your affidavit point for point, which means they have to provide the paper work with the real assessment, the true bill in commerce, the real sworn affidavits that would make their assessment or claims against you valid.

No agent or attorney of a fictitious entity can sign an affidavit for the corporation. How can they sware as fact that the corporation has done or not done ANYTHING? They do not have the standing. They cannot and never will provide you with this. This means your affidavit stands as truth in commerce.

You can even make it more interesting if you like. You go to all their laws like Title 18 and you tabulate the whole list of crimes they have committed against you in lying to you, foreclosing and selling your home and issuing liens and levies. This could be quite an impressive list.

If you tabulate the dollar amounts of the fines involved in these offenses, you could take just Title 18 section 241 alone which is a $10,000.00 fine on any public official for each offense. That means for every single violation of the Constitution, or commercial law, there could be 35 or 40 of these just in Title 18. You’re looking at $300 to $400 thousand. When they start adding up, they become very impressive.

Now you attach this accounting, the criminal accounting to your affidavit and you file it as a criminal complaint with the State Attorney. This is like putting the fox in charge of guarding the hen house. However, more about this will be outlined later in this course.

For now, just attach your affidavit and your criminal complaint to a commercial lien. But wait! There is even a more effective way of getting you equity back – Involuntary Bankruptcy! These procedures will be detailed in Course 5.

The reason you go through this criminal complaint is because by their own laws and value system and penalties, they have hung themselves. They have already discerned and formulated the dollar amount involved in each of the various offenses. When you lien them for those amounts, they can’t come back and say: “Well, these are out of nowhere. They’re unreasonable. Where did you get this?” Right out of your own codes.

COMMERCIAL PROCESSES ARE NON-JUDICIAL, PRE-JUDICIAL, AND ARE MORE POWERFUL THAN JUDICIAL PROCESSES.

Now, you take your commercial lien to the Secretary of State to file as a UCC-1 Financing statement. Then as soon as you’ve finished filing the original criminal complaint with the Prosecuting attorney you file this lien against every agent individually. (The criminal complaint is optional). They can’t hide behind the skirts of the corporate state, this fictional entity created by man to be able to engage in perfidious actions which you would not otherwise be able by virtue of Natural and Moral Law. It just doesn’t work.

Now, you can use this same collection process against them just as the IRS uses against you.

You will discover that all the attorneys, judges and the people who come against you think this is a lot of gobble-di-gook, hogwash and silly. But they soon learn that your affidavits of truth is valid and enforceable against them. And they find that things become more and more uncomfortable with each passing day. Judges even think all this doesn’t matter because they can get another judge to remove all your paperwork against them. Other agents of the government think they can hide behind the sovereign immunity of the Government, behind all the power and prestige, all their attorneys and all their capacity to get the courts to do whatever the wish is going to save them. None of these have any effect on your process.

It has no effect because there is only one way that they can be saved and that is to come in with their own affidavit that rebuts your affidavit point by point and prove you wrong. If they did get this into court or jury that’s not going to do them any good because the same battle still exists.

All this means is that the conflict between affidavits are now fought out in the open. And that is embarrassing to them because they are not going to change anything. All this will simply do them more harm.

The third way to settle your claim is for them to pay it. If they don’t satisfy your claim you give them a grace period, at the end of 90 days you transform the Secretary of State into your Accounts Receivable Office. Legal Title of all their real and personal property has now passed to you. You now file the correct paperwork with the Secretary of State, and you serve this on the Sheriff and say, “I want to take possession of my property.” Things begin to get interesting.

If you send a criminal complaint on a public official to the Insurance Commissioner of the State, it becomes instantly and automatically a lien against the bond of the official, the judge or district attorney and he’s dead. He cannot function without bonding. This is held in suspension until the issue is resolved.

Now, all of a sudden we find ourselves, simply by going back to what we’ve wanted all along, which is truth, rightness and a remedy, that we have, by going back in this and finding the rules that pertain to it, a way to have more power than they do, since we are sovereign.

No one, not a judge, jury or anyone else can overturn this or change this process.

To do so would be to dissolve the world immediately into chaos. This would be the end of all law, all order, all standards, for all civilization.

It is not possible. They are stuck. This forms the underpinnings of philosophy, in tangle practices, of the way to put power on your side and against those agents of government who violate your being, injure you all in violation of their oath of office.

That is how, through their own process, we can use the rules of the game in OUR favor instead of remaining in ignorance and being taken forever as slaves.This applies to everything, not just the government. This forms a valid foundation for your life and it forms a basis for any kind of dealings with government. What most people don’t even consider is that governments don’t have and can’t have anything to support an affidavit of truth to support their actions.

Governments invent all the regulations and statutes to impose on you, affecting your life and commercial/economic standing. And no one is taking any liability, responsibility nor accountability. They may have some kind of bonding. But in most states this bonding is only for about $5-10 million for the entire state and all its employees. However, you can tabulate a simple traffic ticket into more than $5 million if you so choose.

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AFFIDAVIT OF FOREIGN NEUTRAL

14 Friday Oct 2011

Posted by eowyndbh in Uncategorized

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affidavit, foreign nuetral, hidden history, sovereign documents

 

THE DOCTRINE OF NECESSITY ARISING OUT OF HJR-192 and the RESULTING NATIONAL (Military) EMERGENCY INTO THE INDEFINITE FUTURE

THE AMERICAN PEOPLE HAVING BEEN DECLARED TO BE THE “PRESUMPTIVE” ENEMY OF THE CORPORATE STATE OF THE FORUM UNDER THE TRADING WITH THE ENEMY ACT AS AMENDED circa 1935 AND SUBJECT TO ALL PROVISIONS EMBRACED WITHIN TITLE 50 USCA

MEMORANDUM AND HISTORY IN SUPPORT

We are going to begin with a series of documents which are representative of the documents contained in this Report. We will be quoting from, and in many cases, Senate and Congressional reports, hearings before National Emergency Committees, Presidential Papers, Statutes at Large, and the United States Code.

The first exhibit is taken from a book written by Carl Brent Swisher — American Constitutional Development, A complete constitutional history, from the British colonies to the Truman era. Let’s read the first paragraph. It says,

“We may well wonder in view of the precedents now established,” said Charles E. Hughes, (Supreme Court Justice) in 1920, “whether constitutional government as heretofore maintained in this Republic could survive another great war even victoriously waged.”

How could that happen? Surely, if we go out and fight a war and win it, we’d have to end up stronger than the day we started, wouldn’t we? Justice Hughes goes on to say,

“The conflict known as the World War had ended as far as military hostilities were concerned, but was not yet officially terminated. Most of the war statutes were still in effect, many of the emergency organizations were still in operation.”

What is this man talking about when he speaks of “war statutes in effect and emergency organizations still in operation”?

In 1933, Congressman Beck, speaking from the Congressional Record, states,“I think of all the damnable heresies that have ever been suggested in connection with the Constitution, the doctrine of emergency is the worst. It means that when Congress declares an emergency, there is no Constitution. This means its death. It is the very doctrine that the German chancellor is invoking today in the dying hours of the parliamentary body of the German republic, namely, that because of an emergency, it should grant to the German chancellor absolute power to pass any law, even though the law contradicts the Constitution of the German republic. Chancellor Hitler is at least frank about it. We pay the Constitution lip-service, but the result is the same.”

Congressman Beck is saying that, of all the damnable heresies that ever existed, this doctrine of emergency has got to be the worst, because once Congress declares an emergency, there is no Constitution. He goes on to say,

“But the Constitution of the [u]nited States, as a restraining influence in keeping the federal government within the carefully prescribed channels of power, is moribund, if not dead. We are witnessing its death-agonies, for when this bill becomes a law, if unhappily it becomes a law, there is no longer any workable Constitution to keep the Congress within the limits of its Constitutional powers.”

What bill is Congressman Beck talking about? In 1933, “the House passed the Farm Bill by a vote of more than three to one.” Again, we see the doctrine of emergency. Once an emergency is declared, there is no Constitution.

The CAUSE and EFFECT of the doctrine of emergency is the subject of this Report.

In 1973, in Senate Report 93-549 (93rd Congress, 1st Session, 1973), the first sentence reads,

“Since March the 9th, 1933, the united States has been in a state of declared national emergency.”

Let’s go back to Exhibit 1 just before this. What did that say? It says that if a national emergency is declared, there is no Constitution. Now, let us return to Exhibit 2. Since March the 9th of 1933, the United States has been, in fact, in a state of declared national emergency.

Referring to the middle of this exhibit:

“This vast range of powers, taken together, confer enough authority to rule the country without reference to normal constitutional processes. Under the powers delegated by these statutes, the President may: seize property; organize and control the means of production; seize commodities; assign military forces abroad; institute martial law; seize and control all transportation and communication; regulate the operation of private enterprise; restrict travel; and, in a plethora of particular ways, control the lives of all American citizens”

This situation has continued uninterrupted since the Emergency Banking Act, March 9, 1933, 48 Stat. 1, Public Law 89-719

In the introduction to Senate Report 93-549:

“A majority of the people of the united States have lived all their lives under emergency rule.”

Remember, this report was produced in 1973. The introduction goes on to say:

“For 40 years, freedoms and governmental procedures guaranteed by the Constitution have, in varying degrees, been abridged by laws brought into force by states of national emergency.”

The introduction continues:

“And, in the united States, actions taken by the government in times of great crisis have — from, at least, the Civil War — in important ways shaped the present phenomenon of a permanent state of national emergency.”

How many people were taught that in school? How could it possibly be that something which could suspend our Constitution would not be taught in school? Amazing, isn’t it?

Where does this come from? Is it possible that, in our Constitution, there could be some section which could contemplate what these previous documents are referring to? In Article 1, Section 9 of the Constitution of the united States of America, we find the following words:

“The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”

Habeas Corpus – the Great Writ of Liberty (Latin: …”you have the body.”). This is the writ which guarantees that the government cannot charge us and hold us with any crime, unless they follow the procedure of due process of law. This writ also says, in effect, that the privilege of due process of law cannot be suspended, and that the government cannot not operate its arbitrary prerogative power against We the People. But we see that the great Writ of Liberty can, in fact, under the Constitution, be suspended when an invasion or a rebellion necessitates it.

In the 5th Amendment to the Constitution it says:

“No Person shall be held to answer for a capital, or otherwise Infamous Crime, unless on a Presentment or Indictment of a Grand Jury, except in Cases arising in the Land or Naval forces or in the Militia, when in actual Service in Time of War or public Danger;…”.

We reserved the charging power for ourselves, didn’t we? We didn’t give that power to the government. And we also said that the government would be powerless to charge one of the citizens or one of the peoples of the united States with a crime unless We, the People, through our grand jury, orders it to do so through an indictment or a presentment. And if We, the People, don’t order it, the government cannot do it. If it tried to do it, we would simply follow the Writ of Habeas Corpus, and they would have to release us, wouldn’t they? They could not hold us.

But let us recall that it says:

“except in Cases arising in the Land or Naval forces or in the Militia, when in actual Service in Time of War or public Danger;…”

We can see here that the framers of the Constitution were already contemplating times when there would be conditions under which it might be necessary to suspend the guarantees of the Constitution.

Also from Senate Report 93-549 and remember that our congressmen wrote these reports and these documents and they’re talking about these emergency powers and they say:

“They are quite careful and restrictive on the power, but the power to suspend is specifically contemplated by the Constitution in the Writ of Habeas Corpus.”

Now, this is well known. This is not a concept that was not known to rulers for many, many years. The concepts of constitutional dictatorship went clear back to the Roman Republic. And there, it was determined that, in times of dire emergencies, yes, the constitution and the rights of the people could be suspended, temporarily, until the crisis, whatever its nature, could be resolved.

But once it was done, the Constitution, was to be returned to its peacetime position of authority. In France, the situation under which the constitution could be suspended is called the State of Siege. In Great Britain, it’s called the Defense of the Realm Acts. In Germany, in which Hitler became a dictator, it was simply called Article 48. In the United States, it is called the War Powers.

If that was, in fact, the case, and we are under a war emergency in this country, then there should be evidence of that war emergency in the current law that exists today. That means we should be able to go to the federal code known as the USC or “United States Code”, and find that statute, that law, in existence. If we went to the library today and picked up a copy of 12 USC Section 95b we will find a law which states:

“The actions, regulations, rules, licenses, orders and proclamations heretofore or hereafter taken, promulgated, made, or issued by the President of the United States or the Secretary of the Treasury since March the 4th, 1933, pursuant to the authority conferred by Subsection (b) of Section 5 of the Act of October 6th, 1917, as amended [12 USCS Sec. 95a], are hereby approved and confirmed. (Mar. 9, 1933, c. 1, Title 1, Sec. 1, 48 Stat. 1.)”.

Now, what does this mean? It means that everything the President or the Secretary of the Treasury has done since the Emergency Banking Act of March 9, 1933, (48 Stat. 1, Public Law 89-719), or anything that the President or the Secretary of the Treasury is hereafter going to do, is automatically approved and confirmed. Referring back to Exhibit 2, let us remember that, according to the Congressional Record of 1973, the United States has been in a state of national emergency since 1933. Then we realize that 12 USC, Section 95b is current law. This is the law that exists over these united States right this moment.

If that be the case, let us see if we can understand what is being said here. As every action, rule or law put into effect by the President or the Secretary of the Treasury since March the 4th of 1933 has or will be confirmed and approved, let us determine the significance of that date in history. What happened on March the 4th of 1933?

On March the 4th of 1933, Franklin Delano Roosevelt was inaugurated as President of the United States. Referring to his inaugural address which was given at a time when the country was in the throes of the Great Depression, we read:

“I am prepared under my constitutional duty to recommend the measures that a stricken nation in the midst of a stricken world may require. These measures, or such other measures as the Congress may build out of its experience and wisdom, I shall seek, within my constitutional authority, to bring to speedy adoption.

But in the event that the Congress shall fail to take one of these two courses, and in the event that the national emergency is still critical, I shall not evade the clear course of duty that will then confront me. I shall ask the Congress for the one remaining instrument to meet the crisis — broad Executive power to wage a war against the emergency, as great as the power that would be given to me if we were in fact invaded by a foreign foe.”

On March the 4th, 1933, at his inaugural, President Roosevelt was saying that he was going to ask Congress for the extraordinary authority available to him under the War Powers Act. Let’s see if he got it.

On March the 5th, President Roosevelt asked for a special and extraordinary session of Congress in Proclamation 2038. He called for the special session of Congress to meet on March the 9th at noon. And at that Congress, he presented a bill, an Act, to provide for relief in the existing national emergency in banking and for other purposes.

In the enabling portion of that Act it states:

“Be it enacted by the Senate and the House of Representatives of the united States of America in Congress assembled, That the Congress hereby declares that a serious emergency exists and that it is imperatively necessary speedily to put into effect remedies of uniform national application.”

What is the concept of the rule of necessity, referred to in the enabling portion of the Act as “imperatively necessary speedily”? The rule of necessity is a rule of law which states that necessity knows no law. A good example of the rule of necessity would be the concept of self-defense. The law says, “Thou shalt not kill”. But also know that, if you are in dire danger, in danger of losing your life, then you have the absolute right of self-defense. You have the right to kill to protect your own life. That is the ultimate rule of necessity.

Thus we see that the rule of necessity overrides all other law, and, in fact, allows one to do that which would normally be against the law. So it is reasonable to assume that the wording of the enabling portion of the Act of March 9, 1933, is an indication that what follows is something which will probably be against the law. It will probably be against the Constitution of the United States, or it would not require that the rule of necessity be invoked to enact it.

In the Act of March 9, 1933 it further states in Title 1, Section 1:

“The actions, regulations, rules, licenses, orders and proclamations heretofore or hereafter taken, promulgated, made, or issued by the President of the United States or the Secretary of the Treasury since March the 4th, 1933, pursuant to the authority conferred by subdivision (b) of Section 5 of the Act of October 6, 1917, as amended, are hereby approved and confirmed.”

Where have we read those words before?

This is the exact same wording as is found (Exhibit 5) today in Title 12, USC 95b. The language in Title 12, USC 95b is exactly the same as that found in the Act of March 9, 1933, Chapter 1, Title 1, Section 48, Statute 1. The Act of March 9, 1933, is still in full force and effect today. We are still under the Rule of Necessity. We are still in a declared state of national emergency, a state of emergency that has existed, uninterrupted, since 1933, or for over sixty years.

As you may remember, the authority to do this is conferred by Subsection (b) of Section 5 of the Act of October 6, 1917, as amended. What was the authority which was used to declare and enact the emergency in this Act? If we look at the Act of October 6, 1917 we see that at the top right-hand part of the page, it states that this was:

“An Act To define, regulate, and punish trading with the enemy, and for other purposes.

By the year 1917, the United States was involved in World War I; at that point, it was recognized that there were probably enemies of the United States, or allies of enemies of the United States, living within the continental borders of our nation in a time of war.

Therefore, Congress passed this Act which identified who could be declared enemies of the United States, and, in this Act, we gave the government total authority over those enemies to do with as it saw fit. We also see, however, in Section 2, Subdivision (c) in the middle, and again at the bottom of the page:

other than citizens of the united States.”

The Act specifically excluded citizens of the united States, because we realized in 1917 that the citizens of the united States were not enemies. Thus, we were excluded from the war powers over enemies in this Act.

Section 5b of the same Act states:

“That the President may investigate, regulate, or prohibit, under such rules and regulations as he may prescribe, by means of licenses or otherwise, any transactions in foreign exchange, export or earmarkings of gold or silver coin or bullion or currency, transfers of credit in any form (other than credits relating solely to transactions to be executed wholly within the United States)”.

Again, we see here that citizens, and the transactions of citizens made wholly within the United States, were specifically excluded from the war powers of this Act. We, the People, were not enemies of our country; therefore, the government did not have total authority over us as they were given over our enemies.

It is important to draw attention again to the fact that citizens of the United States in October, 1917, were not called enemies. Consequently the government, under the war powers of this Act, did not have authority over us; we were still protected by the Constitution. Granted, over enemies of this nation, the government was empowered to do anything it deemed necessary, but not over us. The distinction made between enemies of the United States and citizens of the united States will become crucial later on.

Please note the distinction between the de facto”United States, and that of the de jure “united States”…

In Section 2 of the Act of March 9, 1933 “Subdivision (b) of Section 5 of the Act of October 6, 1917 (40 Stat. L. 411), as amended, is hereby amended to read as follows;

So we see that they are now going to amend Section 5 (b). Now let’s see how it reads after it’s amended. The amended version of Section 5 (b) reads (emphasis is ours):

“During time of war or during any other period of national emergency declared by the President, the President may, through any agency that he may designate, or otherwise, investigate, regulate, or prohibit, under such rules and regulations as he may prescribe, by means of licenses or otherwise, any transactions in foreign exchange, transfers of credit between or payments by banking institutions as defined by the President and export, hoarding, melting, or ear markings of gold or silver coin or bullion or currency, by any person within the (united States) or anyplace subject to the jurisdiction thereof..” (NOTE: later we will discuss that jurisdiction … for now please take note of this important point.).

What just happened? At as far as commercial, monetary or business transactions were concerned, the people of the united States were no longer differentiated from any other enemy of the United States.

We had lost that crucial distinction. We can see that the phrase which excluded transactions executed wholly within the united States has been removed from the amended version of Section 5 (b) of the Act of March 9, 1933, Section 2, and replaced with “by any person within the united States or anyplace subject to the jurisdiction thereof’. All monetary transactions, whether domestic or international in scope, were now placed at the whim of the (President of the United States) through the authority given to him by the Trading with the enemy Act. (NOTE: change of title now! Exactly whom does the President represent in this situation now??)

To summarize this critical point: On October the 6th of 1917, at the beginning of America’s involvement in World War 1, Congress passed a Trading with the enemy Act empowering the government to take control over any and all commercial, monetary or business transactions conducted by enemies or allies of enemies within our continental borders. That Act also defined the term “enemy” and excluded from that definition citizens of the united States.

In Section 5 (b) of this Act, we see that the President was given unlimited authority to control the commercial transactions of defined enemies, but we see that credits relating solely to transactions executed wholly within the united States were excluded from that controlling authority. As transactions wholly domestic in nature were excluded from authority, the government had no extraordinary control over the daily business conducted by the citizens of the united States, because we were certainly not enemies.

Citizens of the united States were not enemies of their country in 1917, and the transactions conducted by citizens within this country were not considered to be enemy transactions.

But in looking again at Section 2 of the Act of March 9, 1933, we can see that the phrase excluding wholly domestic transactions has been removed from the amended version and replaced with “by any person within the united States or anyplace subject to the jurisdiction thereof’.

The people of the united States were now subject to the power of the Trading with the Enemy Act of October 6, 1917, as amended. For the purposes of all commercial, monetary and, in effect, all business transactions, We, the People became the same as the enemy, and were treated no differently. There was no longer any distinction.

It is important here to note that, in the Acts of October 6, 1917 and March 9, 1933, it states: “during times of war or during any other national emergency declared by the President..”.

So we now see that the war powers not only included a period of war, but also a period of “national emergency” as defined by the President of the United States. When either of these two situations occur, the President may, “through any agency that he may designate, or otherwise, investigate, regulate or prohibit under such rules and regulations as he may prescribe by means of licenses or otherwise, any transactions in foreign exchange, transfers of credit between or payments by banking institutions as defined by the President and export, hoarding, melting or earmarking of gold or silver coin or bullion or currency by any person within the united States or anyplace subject to the jurisdiction thereof.”

What can the President do now to the We, the People, under this Section? He can do anything he wants to do. It’s purely at his discretion, and he can use any agency or any license that he desires to control it. This is called a constitutional dictatorship.

In Senate Document 93-549, Congress declared that a serious emergency exists, at: “48 Stat. 1. The exclusion of domestic transactions, formerly found in the Act, was deleted from Sect. 5 (b) at this time.”

Our Congress wrote that in the year 1973.

Now let’s find out about the Trading with the Enemy Act of October 6, 1917. Quoting from a Supreme Court decision (Exhibit 9), Stoehr v. Wallace, 1921:

“The Trading With the Enemy Act, originally and as amended, is strictly a war measure, and finds its sanction in the provision empowering Congress “to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water” Const. Art. 1, Sect. 8, cl. 11. P. 241″.

Remember your Constitution? “Congress shall have the power to declare war, grant letters of marque and reprisal and make all rules concerning the captures on the land and the water of the enemies.” ALL RULES.

PRIZE COURTS AND THE LAW OF PRIZE

If that be the case, let us look at the memorandum of law that now covers trading with the enemy, the “Memorandum of American Cases and Recent English Cases on The Law of Trading With the Enemy”, remembering that we are now the same as the enemy. In this memorandum, we read:

“Every species of intercourse with the enemy is illegal. This prohibition is not limited to mere commercial intercourse.”

( Which means commercial intercourse amongst the American people in any form, to include procreation, is illegal and thereby, can only take place, when a “License” is issued , authorizing Americans to interact and do business with other Americans while at all times being held to be (presumptive) enemies of the state.)

This is the case of The Rapid (1814).

Additionally,

“No contract is considered as valid between enemies, at least so far as to give them a remedy in the courts of either government, and they have, in the language of the civil law, no ability to sustain a persona standi in judicio.” (Hence all statute or merchant law is copyright and foreign to be employed and used by the enemy

In other words, they have no personal rights at law in these “Prize” courts. This is the case of The Julia (1813).

In the next case, the case of The Sally (1814), we read the words:

“By the general law of prize, property engaged in an illegal intercourse with the enemy is deemed enemy property. It is of no consequence whether it belong to an ally or to a citizen; the illegal traffic stamps it with the hostile character, and attaches to it all the penal consequences of enemy ownership.” (Try operating your car on the public highways and by ways without licensing that car and yourself . . . they will seize that car and impound it to be sold at public auction., and you will go to jail as a “Felon.”)

Reading further in the memorandum, again from the case of The Rapid:

“The law of prize is part of the law of nations. In it, a hostile character is attached to trade, independently of the character of the trader who pursues or directs it. Condemnation to the use of the captor is equally the fate of the property of the belligerent and of the property found engaged in anti-neutral trade. But a citizen or an ally may be engaged in a hostile trade, and thereby involve his property in the fate of those in whose cause he embarks.”

Again from the memorandum:

“The produce of the soil of the hostile territory, as well as other property engaged in the commerce of the hostile power, as the source of its wealth and strength, are always

regarded as legitimate prize, without regard to the domicile of the owner”

. (Does summary seizure of property by the IRS come to mind? And this is why it became necessary for the American people to be “presumptively” declared the “enemy” of the state under the “Trading With the Enemy Act” as amended in 1935, thereby, making all interests in the property of the American people a legitimate prize of a foreign corporation pretending to operate under the original constitution of the United States of America.)

 

From the case of The William Bagaley (1866):

“In general, during war, contracts with, or powers of attorney or agency from, the enemy executed after outbreak of war are illegal and void; contracts entered into with the enemy prior to the war are either suspended or are absolutely terminated; partnerships with an enemy are dissolved; powers of attorney from the enemy, with certain exceptions, lapse; payments to the enemy (except to agents in the united States appointed prior to the war and confirmed since the war) are illegal and void; all rights of an enemy to sue in the courts are suspended.”

From Senate Report No. 113, in which we find An Act to Define, Regulate, and Punish Trading with the Enemy, and For Other Purposes, we read:

 

“The trade or commerce regulated or prohibited is defined in Subsections (a), (b), (c), (d) and (e), page 4. This trade covers almost every imaginable transaction, and is forbidden and made unlawful except when allowed under the form of licenses issued by the Secretary of Commerce (p. 4, sec. 3, line 18). This authorization of trading under licenses constitutes the principal modification of the rule of international law forbidding trade between the citizens of belligerents, for the power to grant such licenses, and therefore exemption from the operation of law, is given by the bill.”

It says no trade can be conducted or no intercourse can be conducted without a license, because, by mere definition of the enemy, and under the prize law, all intercourse is illegal.

That was the first case we looked at, wasn’t it? So once we were declared enemies, all intercourse, commercial or otherwise became illegal for us. The only way we could now do business or any type of legal intercourse was to obtain permission from the de facto law merchant government by means of a license. (License of Cosmetology for example, or be charged and declared an “enemy” felon without a license to perform our chosen or God given craft.) We are certainly required to have a Social Security Card, which is a license to work, and a Driver’s License, which gives the government the ability to restrict travel; all business in which we engage ourselves requires us to have a license, does it not?

Returning once again to the Memorandum of Law: (Exhibit 13)

“But it is necessary always to bear in mind that a war cannot be carried on without hurting somebody, even, at times, our own citizens. The public good, however, must prevail over private gain. As we said in Bishop v. Jones (28 Texas, 294), there cannot be “a war for arms and a peace for commerce.” One of the most important features of the bill is that which provides for the temporary taking over of the enemy property,”.

This point of law is important to keep in mind, for it authorizes the temporary take-over of enemy property. The question is: Once the war terminates, the property must be returned — mustn’t it?

The property that is confiscated, and the belligerent right of the government during the period of war, must be returned when the war terminates. Let us take the case of a ship in harbor; war breaks out, and the Admiral says, “I’m seizing your ship.” Can you stop him? No. But when the war is over, the Admiral must return your ship to you. This point is important to bear in mind, for we will return to, and expand upon, it later in the report.

Reading from Senate Document No. 43, “Contracts Payable in Gold” written in 1933:

“The ultimate ownership of all property is in the State; individual so-called, “ownership” is only by virtue of government, i. e., law, amounting to mere user; and use must be in accordance with law and subordinate to the necessities of the State.”

Who owns all the property? Who owns the property you call “yours”? Who has the authority to mortgage property? Let us continue with a Supreme Court decision, United States v. Russell:

“Private property, the Constitution provides, shall not be taken for public use without just compensation….”

That is the peacetime clause, isn’t it? Further (emphasis added),

“Extraordinary and unforeseen occasions arise, however, beyond all doubt, in cases of extreme necessity in time of war or of immediate and impending public danger, in which private property may be impressed into the public service, or may be seized or appropriated to public use, or may even be destroyed without the consent of the owner….”

This quote, and indeed this case, provides a vivid illustration of the potential power that government can and will wield once no longer bound by constitutional restrictions.

Now, let us return to the period of time after March 4, 1933, and take a close look at what really occurred. On March 4, 1933, in his inaugural address, President Franklin Delano Roosevelt asked for the authority of the war powers, and called a special session of Congress for the purpose of having those powers conferred to him.

On March the 2nd, 1933, however, we find that Herbert Hoover had written a letter to the Federal Reserve Board of New York, asking them for recommendations for action based on the over-all situation at the time. The Federal Reserve Board responded with a resolution which they had adopted, an excerpt from which follows:

“Resolution Adopted By The Federal Reserve Board Of New York. Whereas, in the opinion of the Board of Directors of the Federal Reserve Bank of New York, the continued and increasing withdrawal of currency and gold from the banks of the country has now created a national emergency….”

In order to fully appreciate the significance of this last quote, we must recall that, in 1913, The Federal Reserve Act was passed, authorizing the creation of a central bank, the thought of which had already been noted in the Constitution. The basic idea of the central bank was, among other things, for it to act as a secure repository for the gold of the people. We, the People, would bring our gold to the huge, strong vaults of the Federal Reserve, and we would be issued a note which said, in effect, that, at any time we desired, we could bring that note back to the bank and be given back our gold which we had deposited.

Until 1933, that agreement, that contract between the Federal Reserve and its depositors, was honored. Federal Reserve notes, prior to 1933, were indeed redeemable in gold. After 1933, the situation changed drastically. In 1933, during the depths of the Depression, at the time when We, the People, were struggling to stay alive and keep our families fed, the bankers began to say, “People are coming in now, wanting their gold, wanting us to honor this contract we have made with them to give them their gold on demand, and this contractual obligation is creating a national emergency.”

How could that happen? Reading from the Public Papers of Herbert Hoover:

“Now, Therefore, Be It Resolved, that, in this emergency, the Federal Reserve Board is hereby requested to urge the President of the United States to declare a bank holiday, Saturday, March 4, and Monday, March 6…”

In other words, President Roosevelt was urged to close down the banking system and make it unavailable for a short period of time. What was to happen during that period of time?

Reading again from the Federal Reserve Board resolution, we find a proposal for an executive order, to be worded as follows:

Whereas, it is provided in Section 5 (b) of the Act of October 6, 1917, as amended, that “the President may investigate, regulate, or prohibit, under such rules and regulations as he may prescribe, by means of licenses or otherwise, any transactions in foreign exchange and the export, hoarding, melting, or earmarkings of gold or silver coin or bullion or currency,

* * *

Now, in any nominal usage of the American language, the standard accepted meaning of a series of three asterisks after a quotation means that what follows also must be quoted exactly, doesn’t it? If it’s not, that’s a fraudulent use of the American language. At that point marked by the red asterisk (*) above, ” began, what did the original Act of October 6, 1917 say?

Referring back to the remainder of Section 5 (b) of the Act of October 6, 1917 says:

“(other than credits relating solely to transactions to be executed wholly

within the [u]nited States).”

This portion of Section 5 (b) specifically prohibited the government from taking control of We, the People’s money and transactions, didn’t it?

However, let us now read the remainder of Section 5 (b) of the Act of October 6, 1917, as amended on March 9,1933 (Exhibit 17):

“by any person within the united States or any place subject to the jurisdiction thereof.”

Comparing the original with the amended version of Section 5 (b), we can see the full significance of the amended version, wherein the exclusion of domestic transactions from the powers of the Act was deleted, and “any person” (a term of art) became subject to the extraordinary powers conferred by the Act. Further, we can now see that the usage of the original text where the red asterisk is (above), it was, in all likelihood, meant to be deliberately misleading, if not fraudulent in nature.

Further, in the next section of the Federal Reserve Board’s proposal, we find that anyone violating any provision of this Act will be fined not more than $10,000.00, or imprisoned for not more than ten years, or both. A severe enough penalty at any time, but one made all the more harsh by the economic conditions in which most Americans found themselves at the time. And where were these alterations and amendments to be found? Not from the government itself, initially; no, they are first to be found in a proposal from the Federal Reserve Board of New York, a banking institution.

Let us recall the chronology of events: Herbert Hoover, in his last days as President of the united States, asked for a recommendation from the Federal Reserve Board of New York, and they responded with their proposals. We see that President Hoover did not act on the recommendation, and believed the actions were “neither justified nor necessary” (Appendix, Public Papers of Herbert Hoover, p. 1088). Let us see what happened; remember on March 4, 1933, Franklin Delano Roosevelt was inaugurated as President of the united States. On March 5, 1933, President Roosevelt called for an extraordinary session of Congress to be held on March 9, 1933, as can be seen in Exhibit:

“Whereas, public interests require that the Congress of the united States should be convened in extra session at twelve o’clock, noon, on the Ninth day of March, 1933, to receive such communication as may be made by the Executive.”

On the next day, March 6 ,1933, President Roosevelt issued Proclamation 2039, which has been included in this report, we find the following:

“Whereas there have been heavy and unwarranted withdrawals of gold and currency from our banking institutions for the purpose of hoarding . . .”

Right at the beginning, we have a problem. And the problem rests in the question of who should be the judge of whether or not my gold, on deposit at the Federal Reserve, with which I have a contract which says, in effect, that I may withdraw my gold at my discretion, is being withdrawn by me in an “unwarranted” manner. Remember, the people of the united States were in dire economic straits at this point. If I had gold at the Federal Reserve, I would consider withdrawing as much of my gold as I needed for my family and myself a “warranted” action. But the decision was not left up to We, the People.

It is also important to note that it is stated that the gold is being withdrawn for the “purpose of hoarding”. The significance of this phrase becomes clearer when we reach Proclamation 2039, wherein the term “hoarding” is inserted into the amended version of Section 5 (b). The term, “hoarding”, was not to be found in the original version of Section 5(b) of the Act of October 6, 1917. It was a term which was used by President Roosevelt to help support his contention that the United States was in the middle of a national emergency, and his assertion that the extraordinary powers conferred to him by the War Powers Act were needed to deal with that emergency.

Let us now go on to the middle of Proclamation 2039, at the top of the next page, we find the following:

“Whereas, it is provided in Section 5 (b) of the Act of October 6, 1917, (40 Stat. L. 411) as amended, ” that the President may investigate, regulate, or prohibit, under such rules and regulations as be may prescribed, by means of licenses or otherwise, any transaction in foreign exchange and the export, hoarding, melting, or ear markings of gold or silver coin or bullion or currency . . .”

exactly as was first proposed by the Federal Reserve Board of New York (Exhibit 31).

If we return to 48 Statute 1 (Exhibit 17), Title 1, Section 1, we find that the amended Section 5 (b) with its added phrase:

“by any person within the united States or any place subject to the jurisdiction thereof.”

Is this becoming clearer as to exactly what happened? On March 5, 1933, President Roosevelt called for an extra session of Congress, and on March 6, 1933, issued Proclamation 2039 . On March 9th, Roosevelt issued Proclamation 2040. We looked at Proclamation 2039(a), let’s see what Roosevelt is talking about in Proclamation 2040:

“Whereas, on March 6, 1933, I, Franklin D. Roosevelt, President of the United States of America, by Proclamation declared the existence of a national emergency and proclaimed a bank holiday…”

We see that Roosevelt declared a national emergency and a bank holiday. Let’s read on:

“Whereas, under the Act of March 9, 1933, all Proclamations heretofore or hereafter issued by the President pursuant to the authority conferred by section 5 (b) of the Act of October 6, 1 91 7, as amended, are approved and confirmed;”

This section of the Proclamation clearly states that all proclamations heretofore or hereafter issued by the President are approved and confirmed, citing the authority of section 5 (b). The key words here being “all” and “approved”. Further:

“Whereas, said national emergency still continues, and it is necessary to take further measures extending beyond March 9, 1933, in order to accomplish such purposes”

We again clearly see that there is more to come, evidenced by the phrase, “further measures extending beyond March 9, 1933 … ” Could this be the beginning of a new deal? Possibly a one-sided deal. How long can this type of action continue? Let’s find out.

“Now, therefore, I, Franklin D. Roosevelt, President of the United States of America, in view of such continuing national emergency and by virtue of the authority vested in me by Section 5 (b) of the Act of October 6, 1917 (40 Stat. L. 411) as amended by the Act of March 9, 1933, do hereby proclaim, order, direct and declare that all the terms and provisions of said Proclamation of March 6,1933, and the regulations and orders issued there under are hereby continued in full force and effect until further proclamation by the President.”

We now understand that the Proclamation 2039, of March 6, 1933 and Proclamation 2040 of March 9, 1933, will continue until such time as another proclamation is made by “the President”. Note that the term “the President” is not specific to President Roosevelt; it is a generic term which can equally apply to any President from Roosevelt to the present, and beyond.

So here we have President Roosevelt declaring a national emergency (we are now beginning to realize the full significance of those words) and closing the national banks for two days, by Executive Order. Further, he states that the Proclamations bringing about these actions will to continue “in full force and effect” until such time as the President, and only the President, changes the situation.

It is important to note the fact that these Proclamations were made on March 6, 1933, three days before Congress was due to convene its extra session. Yet references are made to such things as the amended Section 5 (b), which had not yet even been confirmed by Congress. President Roosevelt must have been supremely confident of Congress giving confirmation of his actions. And indeed, we find that confidence was justified. *** For on March 9, 1933, without individual Congressmen even having the opportunity to read for themselves the bill they were to confirm, Congress did indeed approve the amendment of Section 5 (b) of the Act of October 6, 1917. ***

Referring to the Public Papers of Herbert Hoover:

“That those speculators and insiders were right was plain enough later on. This first contract of the ‘moneychangers with the New Deal netted those who removed their money from the country a profit of up to 60 percent when the dollar was debased.”

Where had our gold gone? Our gold had already been moved offshore! The gold was not in the banks, and when We, the People lined up at the door attempting to have our contracts honored, the deception was exposed. What happened then? The laws were changed to prevent us from asking again, and the military was brought in to protect the Federal Reserve. We, the People, were declared to be the same as a public enemy in fact, and placed under military authority.

Going now to another section of 48 Statute 1:

“Whenever in the judgment of the Secretary of the Treasury such action is necessary to protect the currency system of the (U)nited States, the Secretary of the Treasury, in his discretion, may require any or all individuals, partnerships, associations and corporations to pay and deliver to the Treasurer of the United States any or all gold coin, gold bullion, and gold certificates owned by such individuals, partnerships, associations and corporations.” Notice now to whom we refer as “owning” the money!

By this Statute, everyone was required to turn in their gold. Failure to do so would constitute a violation of this provision, such violation to be punishable by a fine of not more than $10,000.00 and imprisonment for not more than ten years. It was a seizure. Whose property may be seized without due process of law under the Trading With the Enemy Act? The enemy’s. Whose gold was seized? Ours — the gold of the people of the united States. Are you seeing the fraud here now?

From the Roosevelt Papers:

“During this banking holiday it was at first believed that some form of scrip or emergency currency would be necessary for the conduct of ordinary business. We knew that it would be essential when the banks reopened to have an adequate supply of currency to meet all possible demands of depositors. Consideration was given by government officials and various local agencies to the advisability of issuing clearing house certificates or some similar form of local emergency currency. On March 7, 1933, the Secretary of the Treasury issued a regulation authorizing clearing houses to issue demand certificates against sound assets of the banking institutions, but this authority was not to become effective until March 10th. In many cities, the printing of these certificates was actually begun, but after the passage of the Emergency Banking Act of March 9, 1933 (48 Stat. 1), it became evident that they would not be needed, because the Act made possible the issue of the necessary amount of emergency currency in the form of Federal Reserve banknotes which could be based on any sound assets owned by banks.”

Roosevelt could now issue emergency currency under the Act of March 9, 1933 and this currency was to be called Federal Reserve bank notes. From Title 4 of the Act of March 9, 1933:

“Upon the deposit with the Treasurer of the United States, (a) of any direct obligations of the united States or (b) of any notes, drafts, bills of exchange, or bankers’ acceptances acquired under the provisions of this Act, any Federal reserve bank making such deposit in the manner prescribed by the Secretary of the Treasury shall be entitled to receive from the Comptroller of the currency circulating notes in blank, duly registered and countersigned.”

What is this saying? It says (emphasis is ours): “Upon the deposit with the Treasurer of the United States, (a) of any direct obligation of the united States …” That is a direct obligation of the united States? It’s a treasury note, which is an obligation upon whom? Upon We, the People, to perform. It’s a taxpayer obligation, isn’t it?

Title 4 goes on: “or (b) of any notes, drafts, bills of exchange or bankers’ acceptances . .

What’s a note? If you go to the bank and sign a note on your home, that’s a note, isn’t it? A note is a private obligation upon We, the People. And if the Federal Reserve Bank deposits either (a) public and/or (b) private obligation of We, the People, with the Treasury, the Comptroller of the currency will issue this circulating note endorsed in blank, duly registered and countersigned, an emergency currency based on the (a) public and/or (b) private obligations of the people of the united States.

In the Congressional Record of March 9, 1933, we find evidence that our congressmen didn’t even have individual copies of the bill to read, on which they were about to vote. A copy of the bill was passed around for approximately 40 minutes.

 

Congressman McFadden made the comment:

“Mr. Speaker, I regret that the membership of the House has had no opportunity to consider or even read this bill. The first opportunity I had to know what this legislation is, was when it was read from the clerk’s desk. It is an important banking bill. It is a dictatorship over finance in the united States. It is complete control over the banking system in the united States … It is difficult under the circumstances to discuss this bill. The first section of the bill, as I grasped it, is practically the war powers that were given back in 1917.”

Congressman McFadden later goes on to say:

“I would like to ask the chairman of the committee if this is a plan to change the holding of the security back of the Federal Reserve notes to the Treasury of the united States rather than the Federal Reserve agent.”

Keep in mind, here, that, prior to 1933, the Federal Reserve bank held our gold as security, in return for Federal Reserve gold notes which we could redeem at any time we wanted. Now, however, Congressman McFadden is asking if this proposed bill is a plan to change who’s going to hold the security, from the Federal Reserve to the Treasury.

Chairman Steagall’s response to Congressman McFadden’s question, again from the Congressional Record:

“This provision is for the issuance of Federal Reserve bank notes; and not for Federal Reserve notes; and the security back of it is the obligations, notes, drafts, bills of exchange, bank acceptances, outlined in the section to which the gentleman has referred.”

We were backed by gold, and our gold was seized, wasn’t it? We were penniless, and now our money would be secured, not by gold, but by notes and obligations on which We, the People, were the collateral security.

Congressman McFadden then questioned,

“Then the new circulation is to be Federal Reserve bank notes and not Federal Reserve notes. Is that true?

Mr. Steagall replied,

“Insofar as the provisions of this section are concerned, yes.”

Does that sound familiar?

Next we hear from Congressman Britten, as noted in the Congressional Record:

“From my observations of the bill as it was read to the House, it would appear that the amount of bank notes that might be issued by the Federal Reserve System is not limited. That will depend entirely upon the amount of collateral that is presented from time to time for exchange for bank notes. Is that not correct?”

What is the collateral that underwrites the debt?

(Our negotiable signature or voluntary acceptance of debt instruments which represents our ability to produce goods and services into the indefinite future.) We have no rights nor privileges in Admiralty, we as a “natural / biological party” can’t even be acknowledged in admiralty proceedings, the court can’t ever acknowledge our presence. (Our assigned and colorable public vessel however does have such privileges and we MUST do commerce through this vessel, to do business in general.) Our rights remain in a separate and limited jurisdiction foreign to admiralty, which is also termed to be “Civil” in nature. Our ability to produce goods and services underwrites and monetizes all offers of unsecured debt made to us by the insolvent United States Inc. So called “credit money” once issued to a federal reserve bank as unsecured debt and in the form of federal reserve notes, become monitized the moment these as yet un-circulated notes pass from the fed bank, into our hands and we voluntarily accept them as “legal tender.”

Congressman Patman, speaking from the Congressional Record (Exhibit 40):

“The money will be worth 100 cents on the dollar because it is backed by the credit of the Nation. It will represent a mortgage on all the homes and other property of all the people in the Nation.”

It now is no wonder that credit became so available after the Depression. It was needed to back our monetary system. Our debts, our obligations, our homes, our jobs – To those who don’t understand the debtor scheme, we appear to be economic slaves for the system and held to a condition of involuntary bankruptcy and thereby, peonage.

From Statutes at Large, in the Congressional Record:

“When required to do so by the Secretary of the Treasury, each Federal Reserve agent shall act as agent of the Treasurer of the United States or of the Comptroller of the currency, or both, for the performance of any functions which the Treasurer or the Comptroller may be called upon to perform in carrying out the provisions of this paragraph.”

The Treasury was taken over by the Federal Reserve. The Federal Reserve Holding companies, the Depository Trust Co. and the CEDE Co., hold the assets.

To summarize briefly: On March 9,1933 the American people in all their domestic, daily, and commercial transactions became the same as the enemy if they were not joined in a limited public private joint venture with the United States Inc, the insolvent party in this joint venture.

And we know that current law, to this day, says that all proclamations issued heretofore or hereafter by the President or the Secretary of the Treasury are approved and confirmed by Congress.

On March 11, 1933, President Roosevelt, in his first radio “Fireside Chat” (Exhibit 42), makes the following statement:

“The Secretary of the Treasury will issue licenses to banks which are members of the Federal Reserve system, whether national bank or state, located in each of the 12 Federal Reserve bank cities, to open Monday morning.”

It was by this action that the Federal Reserve took over the Treasury and the banking system.

Black’s Law Dictionary defines the Bank Holiday of 1933 (Exhibit 42a) in the following words:

“Presidential Proclamations No. 2039, issued March 6, 1933, and No. 2040, issued March 9, 1933, temporarily suspended banking transactions by member banks of the Federal Reserve System. Normal banking functions were resumed on March 13, subject to certain restrictions. The first proclamation, it was held, had no authority in law until the passage on March 9, 1933, of a ratifying act (12 U. S. C. A. Sect. 95b). Anthony v. Bank of Wiggins, 183 Miss. 883, 184 So. 626.

The present law forbids member banks of the Federal Reserve System to transact banking business, except under regulations of the Secretary of the Treasury, during an emergency proclaimed by the President. 12 U.S.C.A. Sect. 95″

Take special note of the last sentence of this definition, especially the phrase, “present law”. The fact that banks are under regulation of the Treasury today, is evidence that the state of emergency still exists, by virtue of the definition. Not that, at this point, we need any more evidence to prove we are still in a declared state of national emergency.

From the Agricultural Adjustment Act of May 12,1933 (Exhibit 43):

“To issue licenses permitting processors, associations of producers and others to engage in the handling, in the current of interstate or foreign commerce, of any agricultural commodity or product thereof . . .”

This is the seizure of the agricultural industry by means of licensing authority.

In the first hundred days of the reign of Franklin Delano Roosevelt, similar seizures by licensing authority were successfully completed by the government over a plethora of other industries, among them transportation, communications, public utilities, securities, oil, labor, and all natural resources. The first hundred days of FDR saw the nationalization of the united States, its people and its assets. What has Bill Clinton talked about during his campaign and early presidency? His first hundred days.

Now, we know that they took over all contracts, for we have already read in Exhibit 22:

“No contract is considered as valid as between enemies, at least so far as to give them a remedy in the courts of law of either government, and they have,

in the language of civil law, no ability to sustain a persona standi in judicio.”

The enemy has no personal rights at law or statute. Therefore, we should expect that we would see in the statutes a time when the contract between the Federal Reserve and We, the People, in which the Federal Reserve had to give us our gold on demand, was made null and void.

Referring to House Joint Resolution 192 (June 5, 1933) :

“That (a) every provision contained in or made with respect to any obligation which purports to give the obligee a right to require payment in gold or a particular kind of coin or currency, or in an amount of money of the united States measured thereby

is declared to be against public policy; and no such policy shall be contained in or made with respect to any obligation hereafter incurred.”

Indeed, our contract with the Federal Reserve was invalidated at the end of Roosevelt’s hundred days. We lost our right to require our gold back from the bank in which we had deposited it.

Returning once again to the Roosevelt Papers:

“This conference of fifty farm leaders met on March 10, 1933. They agreed on recommendations for a bill, which were presented to me at the White House on March 11th by a committee of the conference, who requested me to call upon the Congress for the same broad powers to meet the emergency in agriculture as I had requested for solving the bank crisis.”

What was the “broad powers”? That was the War Powers, wasn’t it? And now we see the farm leaders asking President Roosevelt to use the same War Powers to take control of the agricultural industry. Well, needless to say, he did. We should wonder about all that took place at this conference, for it to result in the eventual acquiescence of farm leadership to the governmental take-over of their livelihoods.

Reading from the Agricultural Adjustment Act, May the 12th, Declaration of Emergency:

“That the present acute economic emergency being in part the consequence of a severe and increasing disparity between the prices of agriculture and other commodities, which disparity has largely destroyed the purchasing power of farmers for industrial products, has broken down the orderly exchange of commodities, and has seriously impaired the agricultural assets supporting the national credit structure, it is hereby declared that these conditions in the basic industry of agriculture have affected transactions in agricultural commodities with a national public interest, have burdened and obstructed the normal currents of commerce in such commodities and rendered imperative the immediate enactment of Title 1 of this Act.”

Now here we see that he is saying that the agricultural assets support the national credit structure. Did he take the titles of all the land? Remember Contracts Payable in Gold? President Roosevelt needed the support, and agriculture was critical, because of all the millions of acres of farmland at that time, and the value of that farmland. The mortgage on that farmland was what supported the emergency credit. So President Roosevelt had to do something to stabilize the price of land and Federal Reserve Bank notes to create money, didn’t he? So he impressed agriculture into the public interest.

Whereas, the farming industry was nationalized.

Continuing with the Agricultural Adjustment Act, Declaration of Emergency

“It is hereby declared to be the public policy of Congress…”

Referring now back to Prize Cases (1862) (2 Black, 674) (Exhibit 24):

“But in defining the meaning of the term ‘enemies’ property,’ we will be led into error if we refer to Fleta or Lord Coke for their definition of the word, ‘enemy’.

It is a technical phrase peculiar to prize courts, and depends upon principles of public policy as distinguished from the common law.”

Once the emergency is declared, the common law is abolished, the Constitution is abolished and we fall under the absolute will of Government “public policy”.

All the government needs to continue is to have public opinion on their side. If public opinion can be kept, in sufficient degree, on the side of the government, statutes, laws and regulations can continue to be passed. The Constitution has no meaning. The Constitution is suspended. It has been for over 60 years. We’re not under law. Law has been abolished.

We’re under a system of public policy, (which by its nature is War Powers).

So when you go into that courtroom with your Constitution and the common law in your hand, what does that judge tell you? He tells you that you have no persona standi in judicio. You have no personal standing at law. He tells you not to bother bringing the Constitution into his court, because it is not a Constitutional court, but an executive tribunal operating under a totally different jurisdiction.

Statutory/admiralty courts have no jurisdiction over you personally unless you volunteer by “traverse” and grant personum jurisdiction out of ignorance. Judge Bork once made the comment in a public appearance that over 90% of the people in prison today, volunteered to be there. The named or charged party is never you. The named party is however, the colorable/fictional public vessel assigned to you bearing a bastardized version of your given name in styled in ALL UPPER CASE LETTERS.

This slight of administrative hand is the subtle process employed by the courts to cause you to traverse by answering “as” the vessel, rather than “for” the vessel as the vessels authorized representative. When in an admiralty proceeding and the vessel name is called and you erroneously answer in such manner that you believe you are the one being addressed, you have given yourself over to the court.

A quick suggestion in how to respond to a court proceeding in which your public vessel is of course the named party:

When the bastardized version of your name is called, you say nothing, but simply stand up and remain silent until spoke to. The judge will ask the obvious question: “Are you JOHN Q DOE”” You say: “No, I’m not, I am however the authorized representative for the named party and public vessel JOHN Q DOE.”

The judge will probably ask if you’re JOHN Q DOE’S attorney. You would say: “No I’m not, I am however, the Master of this named and colorable Public Vessel JOHN Q DOE and am here to settle and honorably close this particular account. What is owed and who am I to make the check out to?”

According to the judge, the above will of course vary to some degree and you’ll have to be prepared to deal with those variations. Understanding the debtor scheme is how you are going to be prepared to deal with a judge that will try to lead you into a jurisdictional traverse.

 

From Section 93-549:

“Under this procedure we retain Government by operation of law – special, temporary law, perhaps, but law nonetheless. The public may know the extent and the limitations of the powers that can be asserted, and the “persons” affected may be informed by the statute of their rights and their duties.”

Again from 93-549, from the words of Mr. Katzenbach:

“My recollection is that almost every executive order ever issued straddles on several grounds, but it almost always includes the

Trading With the Enemy Act because the language of that act is so broad, it would justify almost anything.”

Speaking on the subject of a challenge to the Act by the people, Justice Clark then says,

“Most difficult from a standpoint of standing to sue. The Court, you might say, has enlarged the standing rule in favor of the litigant. But I don’t think it has reached the point, presently, that would permit many such cases to be litigated to the merits.”

Senator Church then made the comment:

“What you’re saying, then, is that if Congress doesn’t act to standardize, restrict, or eliminate the emergency powers, that no one else is very likely to get a standing in court to contest.”

No persona standi in judicio –

 

no personal standing in the courts to challenge the Trading With the Enemy Act.

(Thereby, out of necessity and due to the above referenced denial of standing to sue, cause is given for relief, to rebut any and all presumption that this presenter is, or acts as an enemy of the foreign forum, the United States, an insolvent body corporate.)

Continuing with Senate Report 93-549:

“The interesting aspect of the legislation lies in the fact that it created a permanent agency designed to eradicate an emergency condition in the sphere of agriculture.”

These agencies, of which there are now thousands, and which now control every aspect of our lives, were ostensibly created as temporary agencies meant to last only as long as the national emergency. They have become, in fact, permanent agencies, as has the state of national emergency itself. As Franklin Delano Roosevelt said: “We will never go back to the old order.” That quote takes on a different meaning in light of what we have seen so far.

In Senate Report 93-549, we find a quote from Senator Church:

“If the President can create crimes by fiat and without congressional approval, our system is not much different from that of the Communists, which allegedly threatens our existence.”

We see on this same document, at the bottom right-hand side of the page, as a Title, the words,

“Enormous Scope of Powers…A “Time Bomb”.

Remember, this is Congress’ own document, from the year 1973.

Most people might not look to agriculture to provide them with this type of information. But let us look at Title III of the Agricultural Adjustment Act, which is also called the Emergency Farm Mortgage Act of 1933:

“Title III — Financing – And Exercising Power Conferred by Section 8 of Article I of the Constitution: To Coin Money And To Regulate the Value Thereof.”

From Section 43 of Exhibit 52:

“Whenever the President finds upon investigation that the foreign commerce of the united States is adversely affected … and an expansion of credit is necessary to secure by international agreement a stabilization at proper levels of the currencies of various governments, the President is authorized, in his discretion… To direct the Secretary of the Treasury to enter into agreements with the several Federal Reserve banks…”

Remember that in the Constitution it states that Congress has the authority to coin all money and regulate the value thereof. How can it be then that the Executive branch is issuing an emergency currency, and quoting the Constitution as its authority to do so?

Under Section 1 of the same Act we find the following:

“To direct the Secretary of the Treasury to cause to be issued in such amount or amounts as he may from time to time order, United States notes, as provided in the Act entitled “An Act to authorize the issue of United States notes and for the redemption of funding thereof and for funding the floating debt of the united States, approved February 25, 1862, and Acts supplementary thereto and amendatory thereof”

What is the Act of February 25, 1862? It is the Greenback Act of President Abraham Lincoln. Let us remember that, when Abraham Lincoln was elected and inaugurated, he didn’t even have a Congress for the first six weeks. He did not, however, call an extra session of Congress. He issued money, he declared war, he suspended habeas corpus, it was an absolute Constitutional dictatorship. There was not even a Congress in session for six weeks.

When Lincoln’s Congress came into session six weeks later, they entered the following statement into the Congressional record: “The actions, rules, regulations, licenses, heretofore or hereafter taken, are hereby approved and confirmed…” This is the exact language of March 9,1933 and Title 12, USC, Section 95 (b), today.

We now come to the question of how to terminate these extraordinary powers granted under a declaration of national emergency. We have learned that, in order for the extraordinary powers to be terminated, the national emergency itself must be cancelled. Reading from the Agricultural Act, Section 13:

“This title shall cease to be in effect whenever the President finds and proclaims that the national economic emergency in relation to agriculture has been ended.”

Whenever the President finds by proclamation that the proclamation issued on March 6, 1933 has terminated, it has to terminate through presidential proclamation just as it came into effect. Congress had already delegated all of that authority, and therefore is in no position to take it back.

In Senate Report 93-549, we find the following statement from Congress:

“Furthermore, it would be largely futile task unless we have the President’s active collaboration. Having delegated this authority to the President — in ways that permit him to determine how long it shall continue, simply through the device of keeping emergency declarations alive — we now find ourselves in a position where we cannot reclaim the power without the President’s acquiescence. We are unable to terminate these declarations without the President’s signature, so we need a large measure of Presidential cooperation”.

It appears that no President has been willing to give up this extraordinary power, and, if they will not sign the termination proclamation, the access to and usage of, extraordinary powers does not terminate. At least, it has not terminated for over 65 years.

Now, that’s no definite indication that a President from Bill Clinton on might not eventually sign the termination proclamation, but 65 years of experience would lead one to doubt that day will ever come by itself. But the question now to ask is this: How many times have We, the People, asked the President to terminate his access to extraordinary powers, or the situation on which it is based, the declared national emergency? Who has ever demanded that this be done? How many of us even knew that it had been done? And, without the knowledge contained in this report, how long do you think the blindness of the American public to this situation would have continued, and with it, the abolishment of the Constitution? But we’re not quite as in the dark as we were, are we?

In Senate Report 93-549, we find the following statement from Senator Church:

“These powers, if exercised, would confer upon the President total authority to do anything he pleased.”

Elsewhere in Senate Report 93-549, Senator Church makes the remarkable statement:

“Like a loaded gun laying around the house, the plethora of delegated authority and institutions to meet almost every kind of conceivable crisis stand ready for use for purposes other than their original intention … Machiavelli, in his “Discourses of Livy,” acknowledged that great power may have to be given to the Executive if the State is to survive, but warned of great dangers in doing so. He cautioned: Nor is it sufficient if this power be conferred upon good men; for men are frail, and easily corrupted, and then in a short time, he that is absolute may easily corrupt the people.”

Now, a quote from an exclusive reply written May 21, 1973, by the Attorney General of the United States regarding studies undertaken by the Justice Department on the question of the termination of the standing national emergency:

“As a consequence, a “national emergency” is now a practical necessity in order to carry out what has the regular and normal method of governmental actions. What were intended by Congress as delegations of power to be used only in the most extreme situations, and for the most limited durations, have become everyday powers, and a state of “emergency” has become a permanent condition.”

From United States v. Butler (Supreme Court, 1933):

“A tax, in the general understanding and in the strict Constitutional sense, is an exaction for the support of government; the term does not connote the expropriation of money from one group to be expended for another, as a necessary means in a plan of regulation, such as the plan for regulating agricultural production set up in the Agricultural Adjustment Act.”

What is being said here is that a tax can all be an exaction for the support of government, not for an expropriation from one group for the use of another. That would be socialism, wouldn’t it?

Quoting further from United States v. Butler:

“The regulation of farmer’s activities under the statute, though in form subject to his own will, is in fact coercion through economic pressure; his right of choice is illusory.

Even if a farmer’s consent were purely voluntary, the Act would stand no better. At best it is a scheme for purchasing with federal funds submission to federal regulation of a subject reserved to the states.”

Speaking of contracts, those contracts are coercion contracts. They are adhesion contracts made by a superior over an inferior. They are under the belligerent capacity of government over enemies crafted by artifice. They are not valid contracts.

Again from United States v. Butler:

“If the novel view of the General Welfare Clause now advanced in support of the tax were accepted, this clause would not only enable Congress to supplant the states in the regulation of agriculture and all other industries as well, but would furnish the means whereby all of the other provisions of the Constitution, sedulously framed to define and limit the powers of the United States and preserve the powers of the states, could be broken down, the independence of the individual states obliterated, and The Federal United States converted into a central government exercising uncontrolled police power throughout the union superseding all local control over local concerns.”

Please, read the above paragraph again. The understanding of its meaning is vital.

The United States Supreme Court ruled the New Deal, the nationalization, unconstitutional in the Agricultural Adjustment Act and they turned it down flat.

 

The Supreme Court declared it to be unconstitutional. They said, in effect, “You’re turning the federal government into an uncontrolled police state, exercising uncontrolled police power.” What did Roosevelt do next? He stacked the Supreme Court, didn’t he? And in 1937, United States v. Butler was overturned.

Roosevelt knew exactly what he was doing.

From the 65th Congress, 1st Session Doc. 87, under the section entitled Constitutional Sources of Laws of War, Page 7, Clause II, we find the following:

“The existence of war and the restoration of peace are to be determined by the political department of the government, and such determination is binding and conclusive upon the courts, and deprives the courts of the power of hearing proof and determining as a question of fact either that war exists or has ceased to exist.”

The courts will tell you that is a political question, for they (the courts) do not have jurisdiction over the common law. (And the common law is the law of men, not fictions.)

The courts were deprived of the Constitution. They were deprived of the common law. The courts of today, are now courts of prize over the enemies, and we the American people have no persona standi in judicio. We have no personal standing under the statute law. Also from the 65th Congress, under the section entitled Constitutional Sources of Laws of War, we find:

“When the sovereign authority shall choose to bring it into operation, the judicial department must give effect to its will. But until that will shall be expressed, no power of condemnation can exist in the court.”

So . . . . WE THE PEOPLE are, and remain the SOVEREIGN power under the Constitution for the united States.”

From Senate Report 93-549:

“Just how effective a limitation on crisis action this makes of the court is hard to say. In light of the recent war, the court today would seem to be a fairly harmless observer of the emergency activities of the President and Congress. It is highly unlikely that the separation of powers and the 10th Article of Amendment will be called upon again to hamstring the efforts of the government to deal resolutely with a serious national emergency.”

So much for our Constitutional system of checks and balances. And from that same Senate Report, in the section entitled, “Emergency Administration”, a continuation:

“Organizationally, in dealing with the depression, it was Roosevelt’s general policy to assign new, emergency functions to newly created agencies,

rather than to already existing departments.”

Thus, thousands of “temporary” emergency agencies are now sitting out there with emergency functions to rule us with extreme prejudice in all cases whatsoever and whenever they so summarily choose to do so.

Finally, let us look briefly at the courts, specifically with regard to the question of “booty”. The following definition of the term, “prize” is to be found in Bouvier’s Law Dictionary:

“Goods taken on land from a public enemy are called booty; and the distinction between a prize and booty consists in this, that the former is taken at sea and the latter on land.”

This significance of the distinction between these two terms is critical, a fact which will become quite clear shortly.

Let us now remember that “Congress shall have the power to make rules on all captures on the land and the water.” To reiterate, captures on the land are booty, and captures on the water are prize.

Now, the Constitution says that Congress shall have the power to provide and maintain a navy, even during peacetime. It also says that Congress shall have the power to raise and support an army, but no appropriations of money for that purpose shall be for greater than two years. Here we can see that an army is not a permanent standing body, because, in times of peace, armies were held by the sovereign states as militia. So the United States had a navy during peacetime, but no standing army; we had instead the individual state militias, both organized and unorganized.

 

 

Consequently, the federal government had a standing prize court, due to the fact that it had a standing navy, whether in times of peace or war

. But in times of peace, there could be no federal police power over the continental united States, because there was to be no army, and NO jurisdiction over Sovereign American citizens!

From the report “The Law of Civil Government in Territory Subject to Military Occupation by Military Forces of the United States”, published by order of the Secretary of War in 1902, under the heading entitled “The Confiscation of Private Property of Enemies in War”, comes the following quote:

“4. Should the President desire to utilize the services of the Federal courts of the *united States* in promoting this purpose or military undertaking, since these courts derive their jurisdiction from Congress and do not constitute a part of the military establishment, they must secure from Congress the necessary action to confer such jurisdiction upon said courts.”

This means that, if the government is going to confiscate property within the continental united States on the land (booty), it must obtain the statutory authority of the Congress.

In this same section, we find the following words:

“5. The laws and usages of war make a distinction between enemies’ property captured on the sea and property captured on land. The jurisdiction of the courts of the united States over property captured at sea is held not to attach to property captured on land in the absence of Congressional action.”

There is no standing prize court over the land. Once war is declared, Congress must give jurisdiction to particular courts over captures on the land by positive Congressional action. To continue:

“The right of confiscation is a sovereign right. In times of peace, the exercise of this right is limited and controlled by the domestic Constitution and institutions of the government.

In times of war, when the right is exercised against enemies’ property as a war measure, such right becomes a belligerent right, and as such is not subject to the restrictions imposed by domestic institutions, but is regulated and controlled by the laws and usages of war

.” This “belligerent” approach is consistent with the summary actions of the IRS when seizing property interest throughout the country and bypassing administrative and procedural mandates.

So we see that our government can operate in two capacities: (a) in its sovereign peacetime capacity, with the limitations placed upon it by the Constitution and restrictions placed upon it by We, the People, or (b) in a wartime capacity, where it may operate in its belligerent capacity governed not by the Constitution, but only by the laws of war.

In Section 17 of the Act of October 6, 1917, the Trading With the Enemy Act:

“That the district courts of the United States are hereby given jurisdiction to make and enter all such rules as to notice and otherwise; and all such orders and decrees; and to issue such process as may be necessary and proper in the premises to enforce the provisions of this Act.”

Here we have Congress conferring upon the district courts of the United States the booty jurisdiction, the jurisdiction over enemy property within the continental united States. And at the time of the original, un-amended, Trading with the Enemy Act, we were indeed at war, a World war, and so booty jurisdiction over enemies’ property in the courts was appropriate. At that time, remember, we were not yet declared the enemy. We were excluded from the provisions of the original Act.

In 1934 Congress passed an Act merging equity and law abolishing common law.

This Act, known as the Federal Rules of Civil Procedures Act, was not to come into effect until 6 months after the letter of transmittal from the Supreme Court to Congress. The Supreme Court refused transmittal and the transmittal did not occur until Franklin D. Roosevelt stacked the Supreme Court in 1938.

But on March the 9th of 1933, the American people were declared to be the public enemy under the amended version of the Trading With the Enemy Act.

What jurisdiction were We, the People, then placed under? We were now the booty jurisdiction given to the district courts by Congress. (Being in commercial dishonor activates this booty jurisdiction.)It would no longer be necessary , or of any value at all, to bring the Constitution for the United States with us upon entering a booty courtroom, for that court was no longer a court of common law or Article III Court, but a tribunal under wartime booty jurisdiction. Take a look at the American flag in most American courtrooms. The gold fringe around our flag designates the Admiralty or wartime jurisdiction.

Executive Order No. 11677 issued by President Richard M. Nixon August 1, 1972 states:

“Continuing the Regulation of Exports; By virtue of the authority vested in the President by the Constitution and statutes of the United States, including Section 5 (b) of the Act of October 6, 1917, as amended (12 U.S.C. 95a), and in view of the continued existence of the national emergencies…”

Later, in the same Executive Order, we find the following:

under the authority vested in me as President of the United States by Section 5 (b) of the Act of October 6, 1917, as amended (12 U. S. C. 95a)

Section 5 (b) certainly seems to be an oft-cited support for Presidential authority, doesn’t it? Surely the reason for this can be found by referring back to the words of Mr. Katzenbach in Senate Report 93-549:

“My recollection is that almost every executive order ever issued straddles on several grounds, but it almost always includes the

Trading With the Enemy Act because the

language of that act is so broad, it would justify almost anything.”

The question here, and it should be a question of grave concern to every Sovereign American, is what type of acts can “almost anything” cover? What has been, and is being, done, by our government under the cloak of authority conferred by Section 5 (b)? By now, I think we are beginning to know.

Has the termination of the national emergency ever been considered? In Public Law 94412, September 14, 1976, we find that Congress had finally finished their exhaustive study on the national emergencies, and the words of their findings were that they would terminate the existing national emergencies. We should be able to heave a sigh of relief at this decision, for with the termination of the national emergencies will come the corresponding termination of extraordinary Presidential power, won’t it?

But yet we have learned two difficult lessons: that we are still in the national emergency, and that power, once grasped, is difficult to let go. And so now it should come as no surprise when we read, in the last section of the Act, Section 502, the following words:

“(a): The provisions of this Act shall not apply to the following provisions of law, the powers and authorities conferred thereby and actions taken there under (1) Section 5 (b) of the Act of October 6, 1917, as amended (1 2 U. S. C. 95a; 50 U. S. C. App. 5b)”

The bleak reality is, the situation has not changed at all.

The alarming situation in which We, the People, find ourselves today causes us to think back to a time over two hundred years ago in our nation’s history when our forefathers were also laboring under the burden of governmental usurpation of individual rights. Their response, written in 1774, two years before the signing of the Declaration of Independence, to the attempts of Great Britain to retain extraordinary powers it had held during a time of war became known as the ” Declaration Of Colonial Rights: Resolutions Of The First Continental Congress, October 14, 1774″. And in that document, we find these words:

“Whereas, since the close of the last war, the British Parliament, claiming a power of right to bind the people of America, by statute, in all cases whatsoever, hath in some acts expressly imposed taxes on them. and in others, under various pretenses, but in fact for the purpose of raising a revenue, hath imposed rates and duties payable in these colonies established a board of commissioners, with unconstitutional powers, and extended the jurisdiction of the courts of admiralty, not only for collecting the said duties, but for the trial of causes merely arising within the body of a county.”

We can see now that we have come full circle to the situation which existed in 1774, but with one crucial difference. In 1774, Americans were protesting against a colonial power which sought to bind and control its colony by wartime powers in a time of peace. In 1994, it is our own government (as it was theirs) which has sought, successfully to date, to bind its own people by the same subtle, insidious method.

Article 3, Section 3, of our Constitution states:

“Treason against the united States, shall consist only in levying War against them, or in adhering to their Enemies, giving them aid and comfort. No Person shall be convicted of treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.”

Is the Act of March 9, 1933, treason? That would be for the common law courts to decide. At this point in our nation’s history, the point is moot, for common law, and indeed the Constitution itself, do not operate or exist at present. Whether governmental acts of theft of the nation’s money, the citizens’ property, and American liberty as an ideal and a reality which have occurred since 1933 is treason against the people of the united States, as the term is defined by the Constitution of the united States cannot even be determined or argued in the legal sense until the Constitution itself is re-established.

For My part, however, I firmly believe that, “by their fruits ye shall know them”, and on that superior authority I offer this Affidavit and Memorandum for cause and in support of relief and thereby, remedy both out of necessity and operation of law, declaring my foreign neutral status and thereby, persona standi in judicio.” ! The presumption of “Enemy of the State” as implemented under the “Trading with the Enemy Act” stands as rebutted and for cause. Droit, droit.

I declare under penalty of perjury under the laws of the united States of America that the foregoing is true and correct; and at all times asserting my reservation of all rights, remedies, and applicable treaties without prejudice UCC 1-308.

 

____________________________________________________________

By and For:

And by his nature, he proceeds at all times in rerum natura asserting his foreign neutral standing upon the land and the natural right premised at all times upon the Doctrine of Necessity and for cause.

 

 

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  • There Is No “State”
  • The Emergency Powers Of Martial Law (Historical Outline)
  • Court (Relation-Back Doctrine – Defeats Summary Administrative Process) part 3
  • Court (Relation Back Doctrine – Defeats Summary Administrative Process) Part 2
  • Court (Relation Back Doctrine – Defeats Summary Administrative Process) Part 1
  • Refusing A Non-Substantive Offer (Nullify Commercial Law)
  • The Substantive Statute Or Regulation ?
  • Uniform Commercial Code (Application and Use of Commercial Law) part 3
  • Uniform Commercial Code (The Application of Commercial Law (part-2)
  • Uniform Commercial Code (The Application of Commercial Law) part 1
  • Ten Basic Foundations Of Commercial Law (Part 3)
  • Ten Basic Foundations Of Commercial Law (Part 2)
  • Ten Basic Foundations Of Commercial Law (Part 1)
  • Location of Debtor (District of Columbia)
  • Political Question Doctrine
  • Statutes (Never Argue The Second Amendment)
  • Treaty Cannot Infringe The Constitution
  • The Temples of Baal (Courts of Admiralty)
  • The Eternal Law Of Conquest
  • Trading With The Enemy Act (More On War Powers)
  • Declaration of Independence – Latter Day Declarant
  • Memorandum Asserting Rights
  • Uniform Bonding Code – part 3
  • Uniform Bonding Code Part – 2
  • Uniform Bonding Code – Part 1
  • Things Your Lawyer, Attorney, or Judge Won’t Tell You
  • The Law of Prize and Prize Courts
  • Oregon Department of Re-venue Letter (Pt 2)
  • Oregon Department Of Re-venue Letter (Part 1)

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