Misc RM 22 Misc reference material Part 1
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The Silver Bulletin
An Open Paper By BILL MEDINA Post Office Box 70400
Sunnyvale, California , U.S.A. Postal Zone: 94086-0400
Black's Law Dictionary, Fifth Edition. (Hereinafter: Black's, Page .)
Bouvier's Law Dictionary and Concise Encyclopedia, Third revision (Eighth Edition) 1914, ISBN 0-8994-335-8, (Hereinafter: Bouvier's Volume , Page .)
Constitution FOR the United States of America (hereinafter: by Article or Amendment), in pari materia with the California Constitution pursuant to Article III, Section 1 thereof.
The Supreme Court on ABROGATION OF RIGHTS: Miranda v. Arizona , 384 U.S. 436, 491 (1966).
The Supreme Court on COMMON-LAW PLEA TO JURISDICTION: Roberts v. Lewis 144 U.S. 653:
The Supreme Court on the COURTS OF STAR CHAMBER: Faretta v. California , 422 U.S. 806 The Supreme Court on JURISDICTION: Maxfield's Lessee v. Levy 4 U.S. 308, 311, 312 (1797). The Supreme Court on RIGHTS OF CONTRACT: Hale v. Henkel, 20 U.S. 43, 74-75 (1906) PART 1
"The status of an individual used as a legal term, means the legal position of the individual in or with regard to the rest of the community. L. R. 4 P.D. 11. The rights, duties, capacities and incapacitates which determine a person to a given class, constitutes his status; Campb. Austin 137. ... ... The action of assumpsit must be reckoned a technical instrument which gave no small help to the forces which were making for the transition from status to contract; 3 Holdsw. Hist. E. L. 349." Bouvier's Volume 3, page 3129.
NATURE'S GOD Created Mankind, Mankind created Constitutions, Constitutions created governments created Rules, Codes, Regulations, and/or Statutes (hereinafter called Enactments), most of which are nefariously Executed and Applied as some government -sponsored Court -Crime -Revenue Raising-Activity.
The presumption that the THE PEOPLE are subject to government Jurisdiction by way of government Enactments, presumes that THE PEOPLE are subject to those Jurisdictions created by the Constitutions, which in-turn created Such governments in a self-perpetuating fashion.
The Colonists' intent not to create a SOVEREIGN but rather, to further bind the Branches of government is made clear in the Preamble To The Bill Of Rights-December 15, 1791.
"The conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, IN ORDER TO PREVENT MISCONSTRUCTION OR ABUSE OF ITS POWERS, THAT FURTHER DECLARATORY AND RESTRICTIVE CLAUSES SHOULD BE ADDED: And as extending the Government, will best insure the beneficent ends of its institution."
The Unlawful presumption that the Colonists intended to establish a SOVEREIGN, by Their Constitutional Charter, thereafter conferring upon Such SOVEREIGN certain Jurisdiction over the Colonists Themselves, is properly debunked by: Article I., Section 9, Clause 8
"No Title of Nobility shall be granted by the United States : --" and Article I., Section 10, Clause 1
"No State shall ... grant any Title of Nobility."
Any Jurisdiction emanating from a presumption of a fiction is presumptive or fictitious, and Such is a Factitious Tool For Unlawful Control.
Government sovereignty over THE PEOPLE is a presumption and a fiction, and which when once repudiated, must thereafter be proved to exist.
If the Individual cannot be Proved to be subject to the Jurisdiction of any Constitution or Other Social Contract or Compact, He also cannot be proved to be subject to the Jurisdiction of any Branch of government Created Thereunder.
Likewise, if it cannot be Proved that The Individual is DIRECTLY Subject to the Jurisdiction of any Legislature, it also cannot be Proved that He is INDIRECTLY Subject to Such Jurisdiction by way of any Legislative Enactments.
In the absence of proof that The Individual is subject to the Jurisdiction of any Constitution or other Social Contract or Compact, Jurisdiction over Him DOES NOT EXIST.
ARGUMENT - SUMMARY
The general requirement that "... the burden is on the defendant to show the nonexistence of Jurisdictional facts; Russell v. Butler, (Tex.civ App.) 47 S.W.406; Gilchrist v. Oil Land Co., 21 W.Va.115, 45 Am.Rep.555.", (Bouvier's Volume 2, Page 1763), is resolved by Article VI which defines exactly Who is subject to the Jurisdiction of the Constitution, and exactly Who shall be Contractually Bound by Oath or Affirmation to support Such Constitution in Consideration for Offices Of Public Trust and those Benefits of Public Service and Public Employment. "... The Senators and Representative before mentioned, and the members of the several State Legislatures, and all executives and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; ..." Article VI
Since the intent of Article VI is to define exactly to Whom the Constitutional Jurisdiction applies; since the fact exists that THE PEOPLE are excluded from the requirements of Article VI, prima facie; See: INCLUSIO UNIS EST EXCLUSIO ALTERIUS: Black's, Page 687; since no presumption that THE PEOPLE are subject to the Jurisdiction of the Constitution is, or can be made; since all Constitutions are considered in pan materia with all other Constitutions; since all Constitutions are subject to the provisions of Article VI; since no Constitution operates on THE PEOPLE at-large by virtue of the fact that THE PEOPLE are excluded from the requirements of Article VI, et sqq; then in pursuing His occupations of Common-Right, the Individual has made no Oath or Affirmation supporting any Constitution, and He is not subject to any Constitutional Jurisdictions.
CONCLUSION - SUMMARY
If The Individual is not subject to any Constitutional Jurisdictions, He is also not subject to any Enactment made by any Constitutionally Created Legislature; if He is not subject to any Constitutional Jurisdictions, He is also not subject to any Jurisdiction presumed by any Constitutionally Created Executive Branch of Government; and if He is not subject to any Constitutional Jurisdictions, He is also not subject to any Jurisdiction presumed by any Constitutionally Created Judiciary.
In the complete absence of any Lawful and verified Oath or Affirmation made by a Nonparticipant Individual, to support any Constitution; or in the complete absence of proving a Higher Title to that Property Known and Described as the Nonparticipant Individual Himself, In Personam Jurisdiction does not exist; and in the complete absence of proving a Lawful and voluntary contract made by Such Nonparticipant, pledging Himself and/or His Property- Rights to certain specified performance, Subject Matter Jurisdiction does not exist; and in the complete absence of any Lawful and verified complaint made against Such Nonparticipant, wherein a Real Injured Party Claims a Damage, no criminal Jurisdictions exist; thus in the complete absence of proving the existence of either In Personam and or Subject Matter Jurisdiction, governmental Jurisdiction over the Nonparticipant Individual does not exist. QUOD ERAT DEMONSTRANDUM.
Every Act perpetrated by any Constitutional Created Branch of government while absent Jurisdiction; every Such Act being required to be made unlawfully under Forces of Arms; and every Such act having been made without probable cause; then, every Such Act is required to have been made as a Trespass, and/or other Tort upon a Nonparticipant Individual, and shall constitute a Case to be pursued against the Perpetrator in an Action At Law for the recovery of Damages.
To better understand the Jurisdictional Argument, We are first presenting a thumb-nail sketch of: HISTORY
The Revolutionary War was principally financed by "Old-World" International Banking Interests (hereinafter called Federalists), Who had made Substantial Investments into the Colonies for the purposes of making Profits and Gains through Their Imports into, and their Exports from the Colonies, where All Such Trade was conducted in International Commerce under the Laws of Nations (in the Admiralty Jurisdiction).
Having been the Powers behind the Thrones and Churches throughout most of "Civilized" History, The Federalists Conspired to establish a Strong Central "Sovereign" Jurisdiction in the New Colonies to facilitate Their Control over the Colonists themselves as Feudal Lords of Their Private Lands.
Yielding to those Economic Pressures to establish an Area in which International Commerce could be conducted pursuant to the Laws of Nations (Admiralty), the Colonists established a Ten Mile Square (approximately., 3.2 miles x 3.2 miles) ADMIRALTY ZONE to be the Seat of the Admiralty Government of the United States.
SEDITION BY SYNTAX ("United States " DOES NOT mean "United States of America" or "the Several States")
The aforesaid Admiralty Zone, now called Washington , D.C., is analogous to the Thirteen Block Section known as "London Town" which was established approximately 1066 A.D., under William the Conqueror, which IS NOT part of Great Britain proper, and which operates principally in the Admiralty Jurisdiction.
Just as "London Town" IS NOT part of Great Britain proper, Washington , D.C., IS NOT part of the several United States of America, and Washington, D.C., was created by Cession of particular States, and by the acceptance of Congress, to become the Seat of the Government of the United States. See Article I, Section 8, Clause 17 of the Constitution and the "United States" as defined in Title 18 U.S.C. Section 5, "Title" 26 U.S.C. Section 3121(e)(2), and Title 28 U.S.C. Section 1603(c).
In 1790 the PUBLIC DEBT was 75 Millions of Dollars-by-Weight of Gold or Silver, and on or about 1790, the First National Bank was given a Twenty (20) Year Charter.
By 1792, "worthless as a continental" was commonly used to describe those bitter Private Loss-Experiences connected the "The Continental Dollar", issued by the United States in Its Federal Admiralty Jurisdiction under the General Auspices and Control of the Said Federalists.
This technique enable the Federalists to draw-off THE PEOPLES' Wealth replacing it with PAPER.
On April 2, 1792, the Congress (of the several States) passed The Coinage Act of 1792, Such Act exactly compelling the United States to Perform in accordance with Article I, Section 8, Clause 5 of the Constitution, by Prohibiting the United States from issuing PAPER Currency at any time in the future.
In or about 1810, the Congress refused to renew the Federalists' National Banking Charter. In or about 1812, the Federalists declared War on the United States.
In or about 1815, the Second National Bank was given a twenty (20) year Charter.
In 1815, the court in the case of De Lovio v. Boit, 7 Fed. Cases Number 3, 776 stated that: "A policy of
Insurance is a maritime contract, and therefore of Admiralty Jurisdiction."
In 1835, the Public Debt was 38 thousands of Dollars-by-weight of Gold or Silver, THE LOWEST EVER.
In 1836, President Andrew Jackson forced the closing of the Second Bank of the U.S. by revoking Its Charter. He is said to have been met by the Money Changers Who approached Him in the Drawing Room of the White House, whereupon The President is said to have stated:
"Gentlemen, I have had men watching you for a long time and I am convinced that you have used the funds of the bank to speculate in the breadstuffs of the country. When you won, you divided the profits amongst you, and when you lost, you charged it to the bank. You tell me that if I take the deposits from the bank and annul its charter, I shall ruin ten thousand families. That may be true, gentlemen, but that is your sin! Should I let you go on, you will ruin fifty thousand families, and that would be my sin! You are a den of vipers and thieves. I have determined to rout you out, and by the Eternal God, I will rout you out!"
At the time of the Second Session of the 36th Congress in 1861, while absent a significant PUBLIC DEBT, the Federalists had failed to procure Jurisdiction over all of the Property contained within the several States by Rights of Debt through Contractural Banking Obligations.
Finding Themselves unable to Lawfully Manipulate Credit and Monetary Policy to Their own Gains, Advantages, and Benefits, the Federalists' United States joined in Collusion and Conspiracy with Certain of the several States, and with Certain Foreign Powers under the General Auspices and Control of the Said Federalists, to Commit Treason by Unlawfully Declaring War on Those Lawfully Constituted Governments of the United States of America, Such War being for the Singular Purpose of Overthrowing the Aforesaid Lawful Jurisdictions by Forces-Of-Arms, in a "CIVIL" Counterrevolution for the Purposes of Imposing Federal Admiralty Jurisdiction Upon Each of the United States of America, and upon Each of THE PEOPLE habitat therein.
In 1863, in order to finance Their "CIVIL" Counterrevolutionary Activities, the Federalists passed The National Currency Act of February 25, 1863, Such Act providing for the Issue of Commercial Paper Currency Secured by a Pledge of United States' Stocks, and the Act provided for "circulation and redemption thereof'. See The Story of Money, Third Edition (1981), published by: Federal Reserve Bank of New York, 33 Liberty Street, New York, N.Y., U.S.A., Postal Zone: 10045.
"The Federal Government couldn't raise enough money to pay for the Civil War through bond sales and taxes. As rapidly as the treasury paid bills with gold and silver coin, the metal was hoarded. Reluctantly, Congress issued paper money -- U.S. notes -- that wasn't redeemable in gold or silver. Congress tried making the notes acceptable by declaring them "legal tender", which meant that they had to be accepted in payment of all private debts. The government also began chartering "national banks" which were given paper currency they could issue as their own. State banks were stopped from issuing notes. National banks received currency in proportion to the amount of Government bonds they purchased."
This technique allowed the Federalists to draw-off THE PEOPLES' Wealth replacing it with PAPER.
On December 18, 1865, the Congress enacted the Thirteenth Article Amendment abolishing Involuntary Servitude while leaving VOLUNTARY Servitude to Contract in its place.
By 1866, the Counterrevolution had been successful, the United States had won, the United States of America had fallen and were held hostage, Federal Jurisdiction and Martial Law had been Imposed, the Federal Monarchy had been installed, and the Public Debt, which was soon to become unquestionable, had attained a value of 2.7 Billions of Dollars-by-Weight of gold or silver.
In July of 1868, the Federalists made Their Declaration of United States Jurisdiction in the form and manner of the Fourteenth Article Amendment to The Constitution for the United States of America. Section 1. "All persons born or naturalized in the United States, and subject to the Jurisdiction thereof, are Citizens of the United States ...", and Section 4. "The validity of the public debt of the United States ... shall not be questioned." (Emphasis added)
While the Thirteenth Amendment abolished PRIVATE ownership of PEOPLE, the Fourteenth Amendment made possible the PUBLIC ownership of PERSONS. In or about 1870, under the banner of the Census or Enumeration directed to be taken within every subsequent Term of ten Years, the formal practice of Birth Registration was begun, thereafter Recording Births in the Bureau Of The Census, Department of Commerce.
In 1884, in Julliard v. Greenman, 110 U.S. 421, the Supreme Court upheld the United States in reneging on Its Promise To Redeem Its Paper by allowing Its Money Trust to enter a silent interpleader, whereupon Judicial Notice was taken of a Third Party Contract resulting from Julliard using His Commercial Paper Currency as security in a Transaction for his 100 Bales of Cotton thus promoting the practice if Discharging Debt by Obligatory Notes instead of Tendering Payment for Debt in Lawful and Substantive Money in Dollars- by-Weight of gold or silver.
In 1897, the Supreme Court in the case of The Glide, 167 U.S. 623, stated that:
"The Admiralty and maritime Jurisdiction conferred by the Constitution and laws of the United States upon the District Courts of the United States is exclusive."
In 1904, the court in the case of Dailey v. New York , 128 F. 789, stated that:
Jurisdiction attaches in case of a maritime contract irrespective of the question whether it is to be performed on land or water."
In 1907, there was an economic depression.
On February 25, 1913, Secretary of State Knox Falsely and Fraudulently Certified that the Sixteenth Article Amendment to the Constitution had been Lawfully Ratified.
IT SHOULD BE NOTICED that The Sixteenth Article Amendment did not REPEAL those Restrictions Imposed on the United States by Article I, Section 2, Clause 3, or Article I, Section 8, Clause 1; pursuant to those Directives of Article V. Even if it were valid by having been properly ratified, The Sixteenth Article Amendment amended absolutely nothing pertaining to the several States or the Inhabitants thereof.
The Congress, being well aware of these Facts, never ENABLED The Sixteenth Amendment as Public Law by Appropriate Legislation, in that the Amendment did not REPEAL the aforesaid Restrictions, and the Internal Revenue Code ("Title" 26 U.S.C.) which is predicated upon the Sixteenth Amendment, is now, and has always been, "Private Law" based upon Public Commercial (Contractual) Law. See Amendment XXI, ratified December 5, 1933, for the Construction of a "REPEAL".
SEDITION BY SYNTAX ("Public DOES NOT mean "Private".)
More-often-than-not, Public Commercial Law has been called, "PUBLIC LAW" where It is in-fact, Public Commercial Law regulating Private Commercial Contracts and Interests in Equity and Contractual Performance made within the Admiralty Jurisdiction.
Presumably, on April 8, 1913, the several States "VOLUNTARILY" surrendered, and Consented to Deprive Themselves of, Their Rights of Suffrage by the Imposition of the Seventeenth Article Amendment to the Constitution, Such Amendment being an Abrogation of the Intent, Directive, Legal Construction, and Relevant Structural Conditions set forth in Article I, Section 3, and in Article V providing that no State, without its Consent, shall be deprived of Its Equal Suffrage in the Senate.
IT SHOULD BE NOTICED that When THE PEOPLE of the several States Chartered the United States as an Admiralty Jurisdiction, it WAS NOT the Legislative intent of the September 1787 Congress to put into effect a self-destruct mechanism, Such as could possibly make a Proposed Constitutional Amendment to the several States, where, upon Its Ratification through any mechanism, the Constitutional Prohibitions regulating the United States would somehow cease to exist.
The Congress Itself, has never had the Power to modify The Very Constitution that Created the Congress Itself (Article I, Section 8), and any lawful modification done by way of Amendment, can only be made through the Legislature of three-fourths of the several States, or by Conventions in three-fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress.
The Congress has been Delegated only those Seventeen (17) Powers enumerated in Article I, Section 8. All other Powers NOT vested by the Constitution in the Government of the United States, or in any Department or Officer thereof, are specifically reserved to THE PEOPLE for Their exercise of Primary Jurisdiction over Their Respective Governments. See the Tenth Article Amendment to the Constitution FOR the United States of America.
The Congress, once again being well aware of these Facts, never ENABLED The Seventeenth Amendment as Public Law by appropriate legislation, in that the Amendment did not REPEAL Article I, Section 3, nor did it REPEAL Article V of the Constitution.
During the Second Session of the 63rd Congress on December 23, 1913, two days before Christmas while most of the legitimate Congress vacationed, the Federal Reserve Act was passed by a Congressional Quorum establishing the Third National Bank, or the Functionally Secret Federal Reserve Bank, System, or Corporation (hereinafter called FED Corporation), on the basis of another Twenty (20) Year Charter.
The FED Corporation Act Fraudulently CONVERTED the Lawfully Delegated Congressional Power To Coin Money and regulate the Value thereof, while simultaneously Such Act franchised and enabled the newly created FED Corporation to counterfeit Certificates, Notes, Securities, and Other Obligations of the United States by providing for the Private Issue of Private PAPER Currency, where such Public issue of Public PAPER Currency was prohibited to the Congress by Law under Article I, Section 8, Clause 5; and the Coinage Act of April 1792.
The Congress effectively franchised the FED Corporation to carry out that which was Unlawful and Prohibited to the Congress Itself.
IT SHOULD BE NOTICED that no constitutional Amendment pursuant to Article V was ever made Such that the Article I, Section 8, Clause 5 and Article I, Section 10, Clause 1 Prohibitions by the Constitution were REPEALED. Consequently, the Federalists have continued to operate exclusively as Special-Charter Franchisees by Underwriting and Insuring the PUBLIC DEBT in the form and manner of Their FED Corporation, by way of Their own "Sub-Charter" Banks, all under Private Contract Law, and all within the United States' Admiralty Jurisdiction.
Amongst the rumors and presumed excuses for creating the FED Corporation was the alleged creation of a theoretically "ELASTIC CURRENCY" such as would supposedly s-t-r-e-t-c-h so as to avoid those economic depressions as occurred in 1907.
To accomplish this, the FED Corporation printed and circulated Notes, the value of which was 400% of all Lawful money in circulation. This was called "fractional reserve banking" at 25% of par value.
Thus the FED Corporation printed and circulated four (4) Paper Dollars for every one (1) Dollar by-Weight of Gold or silver supposedly held in reserve in The United States Treasury; thereafter, each one (1) Dollar certificate had an Actual Redemption Value to twenty-five (25) cents. This technique, by the way of Their FED Corporation, enabled the Federalists to withdraw Gold from circulation replacing it with PAPER.
The average Man-On-The-Street was led to believe that the Paper Twenty Dollar Gold Certificate that he held in his Left Hand, had the same Redemption Value as the One Ounce Twenty Dollar Gold Coin that he held in His Right; where in-fact, Each Twenty (20) Dollar Certificate had an actual Redemption Value of Five (5) Dollars-by-Weight of Gold or Silver supposedly held in reserve.
While such "Paper" obligations were prohibited from being issued by The Congress Itself due to The Coinage Act of April 2, 1792, nothing prohibited the FED Corporation from issuing Its PRIVATE Silver Certificates and later, Its totally unredeemable FED Corporation Notes.
From 1914 to 1929, the United States Congress spent the value of four (4) Paper Dollars for every one (1) Dollar-by-Weight of gold or silver held in reverse in Its United States Treasury, thus the Congress participated in extortionate extensions of credit through the continuing rediscounting of commercial PAPER currency as performance obligations.
This technique once again enabled the Federalists to draw-off THE PEOPLES' Wealth replacing it with Paper.
By 1919, the Public Debt was 25 billions of Dollars-by-Weight of gold or silver.
On January 16, 1919, the Eighteenth Amendment was installed providing that after One Year from the Ratification of This Article, the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from THE UNITED STATES AND ALL TERRITORY SUBJECT TO THE JURISDICTION THEREOF FOR BEVERAGE PURPOSES WAS PROHIBITED.
IT SHOULD BE NOTICED that United States Federal Jurisdiction to enforce the Eighteenth Amendment within the Jurisdictions of the several States was notably absent, as succinctly set forth in the Enabling Clause, where THE CONGRESS AND THE SEVERAL STATES shall have CONCURRENT Power to enforce This Article Appropriate Legislation.
This Article operated exclusively upon the UNITED STATES AND ALL TERRITORY SUBJECT TO THE JURISDICTION THEREOF, but This Article was without general Force and Effect on the several States unless Each of Such several States individually volunteered to enforce the Article by Appropriate Legislation.
Prohibition, as it was foisted on THE PEOPLE, provided many opportunities to install a strong Federal Police Force by creating the Federal Bureau of Investigation, by enhancing the Secret Service, and by strengthening the preexisting Bureau of Internal Revenue, to name just Three.
By October 1929, the theoretically "ELASTIC CURRENCY" had s-t-r-e-t- ch-e-d to the point where the Public Debt was 17 Billions of Dollars- by Weight of gold or silver.
By June of 1933, at the termination of Its Twenty (20) Year Charter, after having ravaged the Nation with Four (4) years of Depression By Design, the FED Corporation Called Its outstanding United States' obligations. The United States' Treasury was bankrupt, and the credit discounted value of Its commercial PAPER currency had s-t-r-e-t- c-h-e-d to such proportions that the Congress was forced to declare an undeclared bankruptcy, without ever having explained the undefined "emergency" mentioned in House Joint Resolution 192, and without ever having notified THE PEOPLE At-Large of the Aspects, Conditions, Nature, or Causes of the Said emergency.
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