The Initinere (Document)

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Admiralty Act, foreign neutral, Hague Convention 1907, Initinere, Initinere document, Lieber Code, Public Vessels Act, Rabang v. I.N.S., Rabang v. Immigration and Naturalization Service, Rotella v. Wood et al, Tucker Act, United States v. Wong Kim Ark

(For Frank ‘Austin’ England III) 

 

This space for recording purposes only

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Kingdom of the Power of Powers,        )
on the soil in                                        ) SS: Declaration of
Curry County, Oregon                          ) Mission Statement
The united States of America               ) by Foreign Neutral
                                                             )under Absolute Law’s
                                                             )of The Living Father

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KNOW THE PEOPLE BY THESE PRESENTS, GREETINGS:
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KNOW ALL MEN BY THESE PRESENTS: Under authority of Declaration, for the trust Written and Recorded at Chapter 9, verses 15 through 21, and at chapter 8, verses 7 through 3, book of the Hebrews,
The undersigned Affiant, Declarant, and Trustee of said Toral Trust accepts and succeeds the appointment And Offices of “Trustee”, Droit Droit Dominium Jura I re, as “Foreign neutral” , thereof the Kingdom of the Powers of Powers, sending state, for The United States of America and territories or insular possessions, receiving state, as a Neutral in intinere ab initio July 1, 1962, recognized by the receiving state Under authority To wit:

The Ancient Scriptures

The 1814 Treaty of Ghent

The Convention of the Hague, 5 October 1961

Vienna Convention, 18 April 1961, U.N.T.S. Nos. 7310-7312 vol. 500, pp. 95-239

The Ordinance of the Territory North and West of the River Ohio, 1 Stat. 51, 52, July 13, 1787

International Organization Immunities Act, 9 December 1945

The Vienna Convention on the Law of Treaties U.N. Doc. A/Conf. 39/27 (1969), 63 A.J.I.L. 875 (19690 at
Article 2, §§ I(a),(b) and (g), and Article II for “limited accession” per TIAS 100072 33
U.S.T. 883, 527 U.N.T.S. 189

The Convention on Rights and Duties of States, 49 Stat. 3097, T.S. 881, 165 L.N.T.S. 19, 3 Bevans 145,
Done at Montevido Uruguay, 26 December 1934 @ Art. 2-3 id est, “sovereign ecclesiastical State”

Convention on the Conflict of Laws Relating to the Form of Testamentary Dispositions, concluded
5 October 1961, #11, et. Seq., Conflict of Law (1993)

Vienna Convention on Consular Relations and Optional Protocols, Vienna 24 April 1963, U.N.T.S. Nos.
8638-8640 vol. 569, pp. 262-512

Vienna Convention of the Law of Treaties signed at Vienna 23 May 1969, U.N.T.S., Entry into Force
27 January 1980

1 – Mission Statement by Apostille

THE DECLARATION OF PEACEFUL AND NEUTRAL FOREIGN
STATUS UNDER THE ARTICLES OF PEACE

A name, standing and status formally designated by Articles of the Peace issued from the UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, August 29, 1980: a Native American, and neutral traveler previously certified by and intending to return to the Virginia Commonwealth; Cf. 1 Stat. 88, Act of April 20, 1818, Ch 88, §§ 2 (Service of any foreign prince or state);§ 3(Fitting out); § 6 (Military expeditions against friendly power); Act of July 27, 1868, 15 Stat. Ch. 249 Pg. 223 (Rights of American citizens in foreign states)aka Expatriation Act ; Act of March 3, 1887; 24 Stat. 505 (Tucker Act) ; Act of March 9, 1920, c. 95, 41 Stat. 525-528 (Suits in Admiralty Act) ;Act of March 3, 1925, ch. 428, § 1, 43 Stat. 1112 (Public Vessels Act);Pub. L. No. 105-119, 111 Stat. 2440 (1997) (Equal Access to Justice Act) ; 64 Fed. Dig. 1-403 § 17 (Property And Commerce Of Neutrals In General) as amended; accord 5 U.S.C. § 573 et seq.(Neutrals); ORS 9.242 [1989 c.1052 §2] (Advice on law of foreign jurisdiction; rules); ORS 24.175 [1979 c.577 §7](Uniform Enforcement of Foreign Judgments Act); ORS 56.105 [1987 c.843 s.13](Waiver or delay of action by Secretary of State; rules); N.B. GENERAL ORDERS NO. 100 (04/24/1863)(Lieber Code); CONVENTION RESPECTING THE RIGHTS AND DUTIES OF NEUTRAL POWERS AND PERSONS IN CASE OF WAR ON LAND (1907) as amended; UNIVERSAL DECLARATION OF HUMAN RIGHTS (1948) as amended; US ARMY, FIELD MANUAL, FM 27-10, THE LAW OF LAND WARFARE § 512 (Definition); § 513 (Neutrality Under the Charter of the United Nations);§ 514 (Notification of State of War to Neutrals); § 515 (Inviolability of Territory)(18 Jul 1956) as amended; VIENNA CONVENTION ON THE LAW OF TREATIES (1969) as amended; EXECUTIVE ORDER 13084 (CONSULTATION AND COORDINATION WITH INDIAN TRIBAL GOVERNMENTS); EXECUTIVE ORDER 13107 (IMPLEMENTATION OF HUMAN RIGHTS TREATIES); EXECUTIVE ORDER 13224 (BLOCKING PROPERTY AND PROHIBITING TRANSACTIONS WITH PERSONS WHO COMMIT, THREATEN TO COMMIT, OR SUPPORT TERRORISM); MEMORANDUM RE: LEGAL STANDARDS ON TORTURE (12/31/2004); Rotella v. Wood et al., 528 U.S. 549 (02/23/2000) (a “private attorneys general,” dedicated to eliminating racketeering activity); and that class of authority, infra:

PRIMARY DUTIES

Primary Duties are: Keep the commandment Law of the Living Father and, secondarily, perpetuate the Testor’s Will and Living Trust, in violate.

Secondary Duties include: Establish and maintain the “mission” and “mission post” for and on behalf of the “mission head” in representative capacity and provide for the maintenance and good Order of the families, staff, and other public servants there unto belonging: with absolute respect for and the utmost integrity of Testor’s Living Will and Trust, in abstentia.

“Domicile” is established by virtue of chapter nineteen (19) verse five (5), the Book of Exodus, and legal estate thereof with absolute allegiance and fidelity, excluding all others.

Any and all family and friends domiciled with the Foreign neutral are neutrals “opposed to war in any form” and non-resident aliens to the “receiving state” aforesaid. Affiant –Trustee acknowledges that as Trustee and Individually, He/She is neither a citizen, as defined by statute nor subject of the receiving state by imprescription and the term “imprescriptibility” is operative herein duly recognized in the case of Rabang v. Immigration and Naturalization Service (CA9 1994), 35 F. 3d 1449 @4, of United States v. Wong Kim Ark, 18 S. Ct. 456, 483, 421, Ed. 890 (1898), of Udny v. Udny, L.R. 1 H.L. Sc. 457.

2 – Mission Statement by Apostille

Trustee-Affiant is not a “legal entity” by statutory definition, created by, for, nor on behalf of any other party, person(s) group, association nor corporation for political or commercial purpose and is not surety thereof, nor assumes culpability on behalf thereof by knowing subrogation as “civiliter mortus” to the receiving state aforesaid.

Inclusio unius est exclsio alterius

NOTICE TO PRINCIPAL IS NOTICE TO AGENT
NOTICE TO AGENT IS NOTICE TO PRINCIPAL

“Succession is ‘special’ for which presumption must yield to truth”

The undersigned Trustee – Affiant, succeeding to the appointment and Office aforesaid, specially, authorizes the foregoing in Official capacity according to the express exceptions, stipulations, and reservations above set out verbatim and those referenced in the authorities set out above, as attests My Hand and Seal in Faithful Witness thereof, the same being entirely true, correct, certain, and complete, according to the laws of the Kingdom and Commonwealth – aforesaid, so help Me almighty Power of the Powers.

The Official Seal of the Foreign neutral, annexed below, is the only seal affixed upon Official Documents, charge d’ affaires, and other correspondences appertaining the Trustee’s Lawful peaceful mission, held exclusively in the custody, possession and control of Trustee – Declarent, unless otherwise expressely assigned or transferred, as set forth and heretofore, and not for any other unauthorized “use” nor “purpose”.

3 – Mission Statement by Apostille

Official Authorized Seal:

John Quincy Doe

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Sui juris / Nunguam Indebitatur

Convention de La Haye du 5 Octobre 1961

On the_____, day of ______________________, 2005

Foreign neutral

[L.S.] _________________________________

John Quincy Doe
99999 Crystal Creek Road
Liberty, Oregon 90000
Trustee, but not Individually

BY: John Quincy Doe
　

In the Book of Corinthians, Chapter 13, verse 1:

“In the mouth of two or three witnesses shall every word be established.”

________________________________ ______ ______________ _________

Witness’s signature: Day: Month: Year:

___________________________ _____ ____________ ________

Witness’s signature: Day: Month: Year:

________________________________ ______ ______________ _________

Witness’s signature: Day: Month: Year:

　

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4 – Mission Statement by Apostille

　

[L.S.] ____________________________________

John Quincy Doe
Trustee, but not Individually
99999 Crystal Creek Road
Liberty, Oregon 90000

BY: John Quincy Doe

SUBSCRIBED and AFFIRMED before Me, a Notary Public residing in Curry County, The State of Oregon, the herein named Signator, John Quincy Doe appeared, known to Me and identified himself and affixed His signature hereto, the _____day of _______________ 2005.

________________________________

Notary Public Signature: Seal

　

　

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The In Itinere Cover Sheet and Caveat (part 2)

Tags

93rd Congress Senate Report 93-549, Federal Crop Ins. Corp v. Merrill, foreign neutral, In Itinere cover sheet, Senator Church, Senator Katzenbach, Trading With The Enemy Act, U.S. v. Prudden, U.S. v. Tweel

(For Frank ‘Austin’ England III) 

(Blog Masters Note: This is the second document and is to presented along with Frank ‘Austin’ England, III’s  “Declaration Of A Foreign Neutral”.   The first document was also labeled “The Itinere Cover Sheet and Caveat”.  The first one I believe to be a cover sheet of a case, while this one goes into more detail in case law.)

 

COVER SHEET AND CAVEAT

SEE: ATTACHED MEMORANDUM IN SUPPORT TO PRESENT DECLARATION BY “IN ITINERE” EXECUTED UNDER INTERNATIONAL TREATY ASSERTING STANDING TO PROCEED AS “FOREIGN NEUTRAL” IN LIEU OF RESTRICTED ACCESS TO ASSERT AND DEFEND SECURED RIGHTS BY AND THROUGH THE PUBLIC VESSEL.

ALSO ATTACHED IS THE INTERNATIONALLY RECOGNIZED AND DULY EXECUTED “IN ITINERE” OFFERED BY THE HEREIN REFERENCED PRESENTER UNDER APOSTILLE, WHICH BY ITS NATURE, REBUTS ANY AND ALL STANDING USE OF PRESUMPTION BY AGENT OR AGENTS RE THE PRESENTER OF THIS DOCUMENT TO BE AN ENEMY OF THE STATE OF THE FORUM. WHEREAS, ALL DULY CRAFTED LEGISLATIVE ACT(S) THAT PROVIDE UNDER OPERATION OF LAW FOR SAID MERE PRESUMPTION THAT SAID PRESENTER IS TO BE HELD OR VIEWED AS AN “ENEMY” OF THE SAID STATE OF THE FORUM IS HEREBY REBUTTED IN IT’S ENTIRETY. THIS PRESENTER IS WHO HE SAYS HE IS.
 

Citing: Federal Crop Ins. Corp v. Merrill, 332 U.S. 380, the Supreme Court held: “Whatever the form in which the government functions, anyone entering into an arrangement with the government takes a risk of having accurately ascertained that he who purports to act for the government stays within the bounds of his authority, even though the agent himself may be unaware of the limitations upon his authority.” 

“Silence can only be equated with fraud where there is a legal or moral duty to speak, or where an inquiry left unanswered would be intentionally misleading. . .”  U.S. v. Tweel, 550 F.2d 297, 299. See also U.S. v. Prudden, 424 F.2d 1021, 1032; Carmine v. Bowen, 64 A. 932.

Fraud: Deceit, deception, artifice, or trickery operating prejudicially on the rights of another, and so intended, by inducing him to part with property or surrender some legal right. 23 Am J2d Fraud § 2. Anything calculated to deceive another to his prejudice and accomplishing the purpose, whether it be an act, a word, silence, the suppression of the truth, or other device contrary to the plain rules of common honesty. 23 Am J2d Fraud § 2. An affirmation of a fact rather than a promise or statement of intent to do something in the future. Miller v Sutliff, 241 111 521, 89 NE 651.

Citing: The 93rd Congress, Section 93-549:

Addressing the “Trading With the Enemy Act” as amended circa 1935 and making the American people presumptive enemies of the state of the forum and that acts broad and unlimited powers as promulgated within U.S.C. Title 50.

Citing: Senator Katzenbach:
“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.”

Further citing: At 93-549, 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 following observation:
“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 application of 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 such attaching presumption that this presenter is, or acts as an enemy of the foreign state of the forum, united states, a insolvent body corporate.)

Considering the above cite, the presenter of this document thereby preserves his right to proceed both privately and commercially, absent his being held by presumption to be an “enemy of the state of the forum” as provided by the legislatively crafted operation of law entitled as the Trading With the Enemy Act, and as amended within the said acts related emergency provisions found at 50 USCA.

___________________________________________
By: Frank ‘Austin’ England, III

The IN ITINERE Notice And Caveat (In Itinere – Cover Page)

Tags

articles of peace, emergency powers act, Executive Order 13107, Executive Order 13224, foreign neutral, In Itinere, international law, law of land warfare, law of treaties, Lieber Code, neutral foreign statis, neutral powers in naval war, neutral traveler, Notice and Caveat, patriot act, private attorney general, Rotella v. Wood et al, Sovereign document, suits in admiralty, Trading With The Enemy Act, U.S. Army Field Manual FM 27-10

(For Frank ‘Austin’ England III) 

(Blog Masters Note: This is the beginning for 3 documents and is to presented along with ‘Austin’s’ Declaration Of A Foreign Neutral.  No links, other than case law. )

 

NOTICE AND CAVEAT

(DECLARATION OF FOREIGN NEUTRAL)

THIS IS A NOTICE OF A REBUTTLE IN FACT OF ALL PRESUMPTIVE PROCESS EMPLOYED IN SUCH MANNER AS TO SUMMARILY PROCEED IN RELIANCE OF THE EMERGENCY POWERS ACT; TRADING WITH THE ENEMY ACT OF 1935 AS AMENDED; THE PATRIOT ACT, AND ALL OTHER EMERGENCY POWERS ACTS AND/OR LEGISLATION CRAFTED FOR THE EXPRESS PURPOSE TO ACQUIRE PERSONAL JURISDICTION OF THIS PRESENTER, Frank Austin England, III AND THEREBY, ERRONEOUSLY “PRESUMING” A STATUTORY RIGHT TO SIEZE SAID PRESENTER AS AN “ENEMY” OF THE UNITED STATES, AN INSOLVENT BODY CORPORATE.

SEE ATTACHED AFFIDAVIT OF DECLARATION OF “FOREIGN NETURAL” EXECUTED IN RECOGNITION OF THE LAW OF NATIONS (Jus Gentium) BY IN ITINERE UNDER “APOSTILLE” DULY EXECUTED UNDER THE SEAL OF THE STATE OF OREGON, OREGON SECRETARY OF STATE.

THE DECLARATION OF PEACEFUL AND NEUTRAL FOREIGN STATUS UNDER THE ARTICLES OF PEACE

A name, standing and status formally designated by Articles of the Peace issued from the UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, August 29, 1980: a Native American, and neutral traveler previously certified by and intending to return to the Virginia Commonwealth; Cf. 1 Stat. 88, Act of April 20, 1818, Ch 88, §§ 2 (Service of any foreign prince or state); § 3 (Fitting out); § 6 (Military expeditions against friendly power); Act of July 27, 1868, 15 Stat. Ch. 249 Pg. 223 (Rights of American citizens in foreign states); Act of March 3, 1887; 24 Stat. 505 (Tucker Act); Act of March 9, 1920, c. 95, 41 Stat. 525-528(Suits in Admiralty Act); Act of March 3, 1925, ch. 428, § 1, 43 Stat. 1112 (Public Vessels Act); Pub. L. No. 105-119, 111 Stat. 2440 (1997) (Equal Access to Justice Act); 64 Fed. Dig. 1-403 § 17 (Property And Commerce Of Neutrals In General)as amended; accord 5 U.S.C. § 573 et seq. (Neutrals) ; ORS 9.242 [1989 c.1052 §2] (Advice on law of foreign jurisdiction; rules); ORS 24.175 [1979 c.577 §7] (Uniform Enforcement of Foreign Judgments Act); ORS 56.105 [1987 c.843 s.13](Waiver or delay of action by Secretary of State; rules) ; N.B. GENERAL ORDERS NO. 100 (04/24/1863)(Lieber Code); CONVENTION RESPECTING THE RIGHTS AND DUTIES OF NEUTRAL POWERS AND PERSONS IN CASE OF WAR ON LAND (1907) as amended; CONVENTION CONCERNING THE RIGHTS AND DUTIES OF NEUTRAL POWERS IN NAVAL WAR (1907) as amended; UNIVERSAL DECLARATION OF HUMAN RIGHTS (1948) as amended; US ARMY, FIELD MANUAL, FM 27-10, THE LAW OF LAND WARFARE § 512 (Definition); § 513 (Neutrality Under the Charter of the United Nations); § 514 (Notification of State of War to Neutrals) ; § 515 (Inviolability of Territory) (18 Jul 1956) as amended; VIENNA CONVENTION ON THE LAW OF TREATIES (1969) as amended; EXECUTIVE ORDER 13084 (CONSULTATION AND COORDINATION WITH INDIAN TRIBAL GOVERNMENTS); EXECUTIVE ORDER 13107 (IMPLEMENTATION OF HUMAN RIGHTS TREATIES); EXECUTIVE ORDER 13224 (BLOCKING PROPERTY AND PROHIBITING TRANSACTIONS WITH PERSONS WHO COMMIT, THREATEN TO COMMIT, OR SUPPORT TERRORISM); MEMORANDUM RE: LEGAL STANDARDS ON TORTURE (12/31/2004); Rotella v. Wood et al, 528 U.S. 549 (02/23/2000) (a “private attorneys general,” dedicated to eliminating racketeering activity); and that class of authority, infra: