I N V I S I B L E C O N T R A C T S
George Mercier
FEDERAL RESERVE NOTES
[Pages 435-477]
[Certain
conventions have been used in converting INVISIBLE CONTRACTS to an electronic
medium. For an explanation of the
conventions used, please download the file INCONHLP.ZIP for further
illumination. Other background
information as well is contained in INCONHLP.ZIP. It is advisable to EXIT this file right now and read the contents
of INCONHLP.ZIP before proceeding with your study of this file.]
Next,
we turn now and address some Commercial debt instruments that just about
everyone uses constantly. And when this
Commercial paper is used and then recirculated by you, Federal Benefits are
being quietly accepted by you and so now subtle contracts are in effect. As COMMERCIAL HOLDERS IN DUE COURSE, you and
the King are experiencing mutual enrichment from each other. [577]
[577]=============================================================
If
there are HOLDERS IN DUE COURSE, are there also HOLDERS NOT IN DUE COURSE? Certainly there are. The volume of Contract Law in this area is
quite extensive, and in this brief Letter, only a brief profiling synopsis is
appropriate.
=============================================================[577]
The
King believes that the mere use of Federal Reserve Notes, those
"circulating evidences of debt" [578]
[578]=============================================================
Federal
Reserve Notes are debt obligations of the United States Government. See Title 12, Section 411.
=============================================================[578]
that
his Legal Tender Statutes [578]
[579]=============================================================
"United
States coins and currency (including Federal Reserve Notes and circulating
notes of Federal Reserve banks and national banks) are legal tender for all
debts, public charges, taxes, and dues.
Foreign gold or silver coins are not legal tender for debts."
- Title
31, Section 5103 (September, 1982).
=============================================================[579]
have
enhanced the value of as a co-endorser; and that the mere acceptance and
beneficial use of those circulating Commercial equity instruments of debt,
constitutes an attachment of Equity Jurisdiction sufficiently related to
experiencing Commercial profit or gain in Interstate Commerce as to warrant the
attachment of civil liability to his so-called Title 26. Remember, once you get rid of your political
contracts to pay taxes (like National Citizenship), Federal Judges will then
start examining the record to see if there are any Commercial benefits out
there that you have been experiencing.
Once you are a Citizen, Federal Judges will generally stop looking for
other contracts; but once Citizenship is gone, then other normally quiescent
Commercial nexuses that attach King's Equity Jurisdiction suddenly take upon
themselves vibrant new importance.
[580]
[580]=============================================================
So
looking inversely at the entire King's Equity pie of taxing hooks that he has
got into you, only a totally pure decontamination of yourself away from that
multiplicitious array of political and Commercial benefits the King is
offering, of all benefits up and down the entire adhesive line of largely
invisible juristic contracts, will properly sever yourself away from the
adhesive administrative mandates of Title 26.
=============================================================[580]
I have
thought out this perspective that the King has on this subject matter over and
over again, and based on an analysis of principles, rights, liabilities, and
Cases that surface in Commercial Contract Law relating to Negotiable
Instruments (as Federal Reserve Notes are Negotiable Instruments), and of the
rights, liabilities and duties of HOLDERS IN DUE COURSE, and I have come to the
conclusion that the King is basically correct.
For example, bills, notes, and checks are also Negotiable Instruments,
as well as Inland Bills of Exchange.
Collectively, Negotiable Instruments differ somewhat from orthodox
Commercial contracts for the reason that the American Jurisprudential law concerning
them springs from several different and independent sources. Whereas the simple Law of Contracts had its
origin in the Common Law of England, in contrast this Law of Negotiable
Instruments arose largely out of the summary and chronologically abbreviated
practices and international customs of merchants in Commerce. Those merchants formulated a body of rules
and common practices relating to their trade which were gradually adapted into
the Law of the Law by the English Courts.
Bills of exchange and promissory notes, of which Federal Reserve Notes
are a composite blend of, acquired early on the peculiar quality and nature
among merchants in Commerce as being negotiable, i.e., passable as Tender to
different people. Negotiability was
then defined to mean that if an instrument is negotiable in form and is in the
hands of a HOLDER IN DUE COURSE, then possible personal defenses someone may
later assert against the Holder are cut off of in the Holder's favor. This idea of negotiability is an intriguing
one. It differs quite a bit from the conception
of assignability underlying the transfer of CHOSES IN ACTION which are not
negotiable.
Furthermore,
all factors considered, it is my opinion that the King is not only just
basically correct, but that the King is also in a very strong position here,
and that Federal Magistrates are not Star Chamber Chancellors when throwing out
your civil tax defenses that ignore this invisible and adhesive attachment of
King's Equity Jurisdiction, and the strong presumption of your entrance into
King's Commerce that the acceptance and beneficial recirculation of Federal
Reserve Notes necessarily infers.
However, the seminal reason why the King is in such a strong position is
only partially related to his SUB SILENTIO aggression against you; the largest
reason is because you, by your own default, have accepted the benefits of this
Commercial nexus Equity relationship with the King. The King is in a very strong position here under normal
circumstances, so you can be perfectly right for 100 reasons in your Income Tax
defense, and ignore this last tiny little area in your defense, and lose
(assuming that your Case is adjudged on the substantive merits, and not on some
technical distraction question).
Under
the Common Mercantile Law of Commercial Contract Law applicable to Negotiable
Instruments, it has always been PRIMA FACIE EVIDENCE [581]
[581]=============================================================
PRIMA
FACIE EVIDENCE is moderately good and acceptable evidence, although not air
tight, and stands as valid unless countermanded. On the other hand, CONCLUSIVE EVIDENCE is strong and very
difficult to challenge, and is incontrovertible.
=============================================================[581]
that
the mere issuance of the Negotiable Instrument itself constitutes the evidence
of the receipt and enjoyment of Consideration.
[582]
[582]=============================================================
Remember
that Consideration is a benefit you enjoy.
This PRIMA FACIE EVIDENCE DOCTRINE is replicated over and over again in
numerous books on Contract Law and Commercial Law. Our King did not invent this PRIMA FACIE Consideration Doctrine,
as its seminal point of origin goes back into the Middle Ages in England, which
is before our King even existed.
[Citations deleted].
=============================================================[582]
This
acceptance of Consideration Doctrine is of maximum importance to understand and
appreciate in its placement into the contemporary Income Tax setting, as this
Doctrine has been around for a very long time, and the King is only now using
it for his own enrichment. Law books
repeat over and over again that acceptable Consideration may be anything that
will support a simple contract, and may even specifically include previously
existing debt. This Consideration
Doctrine survives the codification of the Law Merchant into the Negotiable
Instruments Law, and also survives the later restatement of the N.I.L. into the
Uniform Commercial Code.
The Law
of Commercial Contract applicable to the use and recirculation of Negotiable
Instruments is quite old, just like King's Commerce itself. Commercial Paper was also used extensively
by merchants in the Middle Ages, and the origin of our contemporary LAW OF
NEGOTIABLE INSTRUMENTS was an unwritten Common Law applicable to merchants,
called the Law Merchant. This Law
Merchant was gradually assimilated as an appendage onto English Common Law, and
subsequently became a part of our American Jurisprudence when the New England Colonies
turned into states and adapted English Common Law. The Law Merchant is spoken of by English Judges with reference to
Bills of Exchange and negotiable securities.
It is neither more nor less than the common usages of merchants and
traders in the different departments of trade, ratified by decisions of Courts
of Law, which Courts later upon such usages being proved before them, readapted
those merchant practices into the Common Law of England as settled law with a
view to the interest of trade and the public convenience. Therefore, what was at one time mere custom
in between merchants then became grafted upon, or incorporated onto, the Common
Law, and may now be correctly said to form an overlapping part of the Common
Law. When such general Commercial
practices have been judicially ascertained and established, those Commercial
practices become a part of the Law Merchant, which contemporary American courts
of justice are bound to honor. In the
early 1800's, many American states enacted their own statutes pertaining to
Commercial paper, with the result being a lack of uniformity in both statutes,
as well as the court decisions applying those statutes to different factual
settings. Lawyers don't like lack of similarity,
and so the National Conference of Commissioners on Uniform State Laws drafted a
bill to make the Law of Negotiable Instruments uniform from one state to the
next. The draft of the bill was called
the NEGOTIABLE INSTRUMENTS LAW, which when completed in 1896 was largely
enacted into LEX by almost all the states.
The contemporary Uniform Commercial Code repeals the N.I.L. in those
states that have enacted the UCC; but the kicker is that old Law Merchant
himself is still very much around, alive, enforceable, and kicking.
And if
the King has got you accepting the Consideration inherent in Negotiable
Instruments that he is a HOLDER IN DUE COURSE to, and that his Legal Tender
Statutes have enhanced the value, and additionally retains a distant Equity
interest in, then the King has got an invisible contract on you and the King
has you plump little turkeys exactly where he wants you: Ripe for a Federal plucking. So to correctly handle this beneficial
"use of Federal Reserve Notes" creating a taxing liability story, we
need to start out with the basic premise that the King is correct in his
assertions, and so are judges in their reasoning; to believe otherwise is to be
self damaging, as we have no time to waste with any error in our reasoning.
If you
are like most folks, the King has got you accepting his Consideration and
financial benefits with your mere use of Federal Reserve Notes, because most
folks want to use and want to experience the beneficial enjoyment that
widespread acceptance and Commercial use of Federal Reserve Notes brings. But read those words over again carefully, as
they also contain the Grand Key for getting out of this Equity Ace our King has
neatly tucked up in his Royal Sleeve:
The contract that is in effect whenever benefits, conditionally offered,
were accepted by you. [583]
[583]=============================================================
Yes,
the benefits that were accepted by you carried with them invisible hooks of
reciprocity, so now, as uncomfortable as the hooks are, contracts are in
effect, and Patriot arguments sounding in the Tort of unfairness are not
relevant.
=============================================================[583]
Examining
a profile slice of the tens of thousands of Cases out there addressing
questions of Commercial Contract Law applicable to the annulment of the rights
and duties of HOLDERS IN DUE COURSE of Commercial Paper (notes, bonds,
securities, checks, equitable specialties in general, etc.), it is the STATE OF
MIND of the parties at the time the Negotiable Instrument was accepted, that
determines the subsequent rights and duties of HOLDERS IN DUE COURSE. HOLDERS IN DUE COURSE, so called, are in a
special Status as it pertains to the use and recirculation of Commercial
instruments. HOLDERS IN DUE COURSE are
assumed to have taken the Negotiable Instrument (Federal Reserve Note) free of
the defense of "Absence or Failure of Consideration," and
additionally, are generally free of all other defenses as well. When the King is a HOLDER IN DUE COURSE of
Federal Reserve Notes, then the King is immune to any defense we may assert
against him, as he collects on an invisible contract created when his
Commercial benefits were accepted by you.
Do you see why it is not very wide to snicker at Federal Judges if you
have not properly handled your defense line in this area of using Federal
Reserve Notes? In some cases, a PERSON
wants to be in this HOLDER IN DUE COURSE Status due to its protective nature,
and in other circumstances, we don't want to be a HOLDER IN DUE COURSE due to
the liabilities involved. Generally
speaking, subject to the condition that the PERSON accepted the Negotiable
Instrument in good faith and for value, a HOLDER IN DUE COURSE occupies a
protected position free from any personal defenses someone else may
assert. But in dealing with the King on
those Federal Reserve Notes, our declared Status as HOLDERS IN DUE COURSE or
HOLDERS NOT IN DUE COURSE is not important:
Because by filing Objections and Notice of Protest, etc., the King's
Status as a HOLDER IN DUE COURSE is then automatically terminated, and getting
the King off of that sovereign Status Throne of his is what's important.
So
merely filing a Notice of Protest and Notice of Defect will automatically deny
the King his coveted and protected Status as being a HOLDER IN DUE COURSE with
Federal Reserve Notes, as that protective status applies to you. Remember that in our Pan Am jet leasing
example, a PERSON must both want and then use a benefit provided by another
party, prior to effectuating an attachment of Equity Jurisdiction strong enough
to extract money from, in a judicial proceeding, out of the part in default.
And in
addition to outright Consideration, by your Commercial use and recirculation of
Federal Reserve Notes, the King has you strapped into his debt as an
"Automatically Transferred and Joint Obligation Debtor." Under a very large body of Roman Civil Law,
and Jewish Commercial Law going back to Moses and the Talmud, there is a kind
of an obligation in law whose source is not contract or promise in the
classical sense, but due to a ripple effect of debt, an obligation can be
automatically transferred down a line of notes passers and debtors. This Doctrine is elucidated quite well in
Jewish Law, where this doctrine is formally known as SHIBUDA D'RABBI NATHAN
(meaning the line of Rabbi Nathan).
Under this liability dispersion model, debt ripples from one PERSON to
another back up the line, without the appearance of any contract being readily
apparent. Say that a PERSON
"A" owes money to "B", and "B" owes money to
"C". PERSON "C" can
then recover from "A" an amount of money not exceeding the sum PERSON
"B" owes to "C".
[584]
[584]=============================================================
For a
discussion on how the right of a first debtor to come and operate a liability
against a second ripple debtor, back to the first debtor's creditor, see Rabbi
Isaac Herzog, Chief Rabbi of Israel, in the Second Volume of MAIN INSTITUTES OF
JEWISH LAW, entitled "The Law of Obligations" (1967).
=============================================================[584]
The
reason why this debt liability being rippled back up the line a few person is
called "Rabbi Nathan's Lien" is because this rule is generally
attributed to Rabbi Nathan, a tannaitic sage (Babylonia and Palestine, in the
Second Century), who first formulated it on the basis of a certain
interpretation of a Mosaic text. Here
in the contemporary United States, a very similar analogy is found operating
both in Contract Law and in Tort Law, but for different reasons.
1. Under
Tort Law liability reasoning, persons who you never had any contract or contact
with, are liable for damages they work on you.
For example, be underneath an airplane when it crashes. Under the JOINT AND SEVERAL LIABILITY DOCTRINE,
attorneys will sue the Federal Aviation Administration, the pilot, the local
political jurisdiction that owns the airport, the contractor who built the
airport, the airline, the airline's insurance company, the airline's airplane
manufacturer, persons who supply parts to the airplane manufacturer, the
pilot's mother, etc., without limit, right up the line.
2. When
a grievance is under Contract Law jurisprudence, generally, persons not a party
to the contract are normally exempt from liability absent an interfering Tort
the worked, somehow (called TORTIOUS INTERFERENCE WITH CONTRACT).
But
properly viewed at the conclusion of the grievance, this Rabbi Nathan's Lien is
no more than just an asset seizure against debtor's assets held by third
parties, and whether the underlying factual setting behind the Judgment was
under Tort Law or Contract Law is now irrelevant, once the Judgment has been
docketed, and that PERSON'S assets are now under attack. So when a judgment has been obtained against
Party "B", and Party "C" owes "B" some money,
then when Party "A" throws an action at "C", then that
arrangement is no more than the equivalent of a directed wage garnishment that
goes on every single day of the week, here in the United States. And just as this Liability Ripple Scenario
goes on at such a quiet level with wage garnishments, so too does it carry on
at a national level with you and I and our assets being pledged to pay off the
National Debt of the United States.
But our
King is our adversary in Court, and his attorneys use partially twisted logic
to quiet our exception from taxation arguments, and so their attitude is a
simple "you pay." But
important for the moment is your knowledge that your Commercial use and
recirculation of Federal Reserve Notes is properly deemed a sufficient nexus to
the King's Equity Jurisdiction as to effectuate an attachment of liability for
the payment of the King's outstanding debt that he owes to the Federal Reserve
Board, with the amount of your payment being measured by your net taxable
income. Other personal assets are
deemed collateral material as well, but the King's key to effectuate this
liability is our Enfranchised Status, under contract. Since the Angle-Saxon Law Merchant wants to see Consideration,
and Consideration is present when Federal Reserve Notes are recirculated in
King's Commerce, a taxing liability does exist of and by itself under English
Common Law. This Jewish Ripple
Liability Model is supporting evidence to conclude that although we might not like
our King, there is a very wide body of law out there in the world to support
our King with his taxing justification theories. The Law is always justified, and this is just another layer of
justification for the King to use as an excuse to raise revenue. This Ripple Effect Liability Law springs
forth from several different seminal global points of pronouncement, and it
does support the King in this very subtle attachment of taxing liability. So let's change the factual setting by
correcting our Status, and stop snickering at the fat King, as he is only using
common law (the national equivalent of wage garnishments) and ancient law (its
longevity and long term universal acceptance means that it is well Principled
and well founded) to support his excessive financial demands.
Question: What if you don't want to accept the
benefits of and use of Federal Reserve Notes?
What if
you are different? What if you have
factual knowledge that the King only got this monopoly on American currency
circulation (both gold and silver), not by free market acceptance and
competitive universal respect and appreciation for benefits offered by his
Legal Tender Statutes, which is the way all Commercial transactions should be
based, but rather, through force, duress, coercion, penal statutes, naked
physical duress, and literally out of the barrel of a gun: Because guns being drawn is exactly what two
remaining private coin mints saw as United States Treasury Agents raided the
last diehard private coin mints in California in the late 1800's, and
physically destroyed them (but that intriguing Americana history following an
act of Congress in 1864 banning private coins as currency is another
Letter). But dealing with Private Coin
Mints out of the barrel of a gun is only half the story, as our King is usually
quite thorough in whatever he decides to muscle in on. The King also dealt with the private
circulation of Notes (both bank notes and private company notes that circulated
just as if they were currency) through a series of penal statutes going back to
the Civil War. [585]
[585]=============================================================
Starting
with the LEGAL TENDER Laws in 1862, then the NATIONAL BANKING ACT in 1864, then
the previously mentioned acts outlawing private coin circulation, then an act
in 1865 imposed a 10% tax on state bank note issues. In VEAZIE BANK VS. FENNO [75 U.S. 533 (1869)], the Supreme Court
ruled that a tax of 10% on state bank notes in circulation was held to be
Constitutional, not only because it was a means of raising money, but that such
a tax was an instrument to put out of business such a competitive circulation
of those private notes, against notes issued by the King. The combined effect of those Civil War era
penal statutes collectively was to monopolize the entire American currency
supply under Federal jurisdiction (which is exactly what the King wanted). By these penal statutes, both privately
circulated coins and paper notes were outlawed, and die hard private mints were
later purchased by the King, and otherwise put out of business,
permanently. And in the 1900's, under
an administrative regulation promulgated by the Board of Governors of the
Federal Reserve Board, the issuance, if even for brief promotional purposes, of
publicly circulating private bank notes by member banks, is forbidden.
=============================================================[585]
After
the Civil War, the King's enactment of currency monopoly statutes paralleled
his Private Express Statutes in the sense that private postal companies
previously competing with the King were ordered shut down and put out of
business at gun point, [586]
[586]=============================================================
The
Private Express Statutes remain today as Title 38, Sections 601 to 608; and
Title 18, Sections 1693 to 1699.
=============================================================[586]
and our
King sealed himself up a national postal monopoly. No more would be the days of the 1800's, when many banks and
private companies issued and circulated their own widely accepted
currency. Our King doesn't like
competition, and he has this nasty habit of his to use penal statutes and his
hired bouncers (the U.S. Marshals, as the King's Bouncers) to force people into
relationships with him, against their will and over their objection, that they
would never have voluntarily consummated on their own free will and volition.
[For example, here in Rochester, New York,
some enterprising folks, seeing the escalating rise in postage prices going on
in the early 1970's, and detecting that something just wasn't right here due to
the wide percentage variance in cost and pricing, promptly went about setting
up their own postal company in 1976.
They concentrated on Rochester's Central Business District, and offering
the lower prices that they did, quickly signed up law firms, banks,
accountants, hotels, and the like.
Several national magazines featured articles about them, [587]
[587]=============================================================
Exemplary
would be Fred Ferretti in "Private Mail Delivery vs. The Letter of the
Law," NEW YORK TIMES, September 25, 1976.
=============================================================[587]
but the
King's Agents in the Postal Service, smelling an inexpensive upstart on the
block offering cheaper prices and accelerated delivery schedules, quickly threw
a Restraining Order Petition at Rochester Postal Service in Federal District
Court here. The Petition was granted,
with justifying reference being made to the Private Express Statutes of the
Civil War Era. On appeal, the Second
Circuit in New York City went into a discussion on how the King's right to seal
up a national postal monopoly under penal statutes has never been successfully
challenged, and remains essentially airtight.]
[588]
[588]=============================================================
UNITED
STATES POSTAL SERVICE VS. BRENNAN, 574 F.2nd 712 (1978). There were no non-Commercial Status
arguments made by the Brennans.
=============================================================[588]
But for
our purposes here in addressing the attachment of revenue Equity Jurisdiction
by the acceptance and use of Federal Reserve Notes as a HOLDER IN DUE
COURSE. What is important is that it is
you, under the RATIFICATION DOCTRINE, by your own silence and default, by your
failure to object and to object timely, it is by your silence that the King
wins. Under this Doctrine, your silence
in the face of a proposition being made to you constitutes your approval of the
proposition, if synchronous with the silence you experienced a benefit. Reason, logic, and common sense. Let us consider the application of this
RATIFICATION DOCTRINE as it hypothetically applies to a person acting in the
subordinated position of agency for another person. [589]
[589]=============================================================
See
RATIFICATION BY AN UNDISCLOSED PRINCIPAL by Edwin Goddard in 2 Michigan Law
Review 25 (1903).
=============================================================[589]
When
one such person, as agent, does an act on behalf of another person, but without
complete authority, the person for whom such act is done may afterwards adopt
the act as if it is done in his behalf, thereby giving the act the same legal
effect as if it had been originally fully authorized. This subsequent retroactive consent, the effect of which relates
back to the time of the original act and places the Principle in the same
position as if he had originally authorized the act, is called
RATIFICATION. [590]
[590]=============================================================
See
Notes, AGENCY -- RATIFICATION in 1 Michigan Law Review 140 (1902).
=============================================================[590]
Under
this hypothetical agency relationship, when a person finds that an act has been
done in his name or on his behalf, that person must either Ratify it, or in the
alternative, disaffirm it. [591]
[591]=============================================================
See THE
EFFECT OF RATIFICATION AS BETWEEN THE PRINCIPLE AND THE OTHER PARTY by Floyd
Mechem in 4 Michigan Law Review 269 (1905).
=============================================================[591]
But
silence constitutes approval of the act.
[592]
[592]=============================================================
"Where
a contract has been made by one person in the name of another, of a kind that
the latter might lawfully make himself, and the only defect is the lack of authority
on the part of the person acting, the subsequent ratification of that contract,
while still in that condition, by the person on whose behalf it was made and
who is fully appraised of the facts, operates to cure the defect and to
establish the contract as his contract as though he had authorized it in the
first instance. From this time on, he
is subject to all the obligations that pertain to the transaction in the same
manner and to the same extent that he would be had the contract been made
originally by him in person, or by his express authority. The other party may demand and enforce on
the part of the principle the full performance of the contract entered into by
his agent."
- Floyd
Mechem in THE EFFECT OF RATIFICATION AS BETWEEN THE PRINCIPLE AND THE OTHER
PARTY in 4 Michigan Law Review 269, at 269 (1905).
=============================================================[592]
RATIFICATION
may be implied from any form of conduct inconsistent with disavowal of the
contract; therefore anything else, other than explicit and blunt disavowal, is
RATIFICATION -- if synchronous with the silence, benefits offered conditionally
were accepted. This is quite a strong
Doctrine, but it has to be this way under Natural Law, since benefits offered
conditionally are being accepted, invisible contracts are in effect, and
failure to require the party experiencing the benefits to act quickly and
reject the benefits constitutes a Tort on the other party. This RATIFICATION is analogous under
Contract Law to the acceptance of the contract's proposition (MUTUAL ASSENT),
and hence is irrevocable. [593]
[593]=============================================================
The Law
of Contracts requires MUTUAL ASSENT to be an element present between the
parties when contracts are entered into.
However, MUTUAL assent is quite different from MENTAL assent:
"In the field of contracts, as
generally elsewhere, 'We must look to the outward expression of a person as
manifesting his intention rather than to his secret and unexpressed
intention. The law imputes to a person
an intention corresponding to the reasonable meaning of his words and
acts."
- LUCY
AND LUCY VS. ZEHMER, 84 S.E.2nd 516, at 521 [Supreme Court of Appeals of
Virginia (1954)].
Folks
who believe that MENTAL (INTELLECTUAL) ASSENT is a necessary ingredient to the
formation of contracts are in error. A
person can internally frown and repel a contract in the back of his mind, but
still be held to be bound by the contract due to his exterior movements in
accepting benefits. And as we shift
over to discuss a PRINCIPLE OF NATURE regulating the commencement of invisible
contracts thrown at folks by Juristic Institutions, nothing changes there,
either. Protestors claiming to be
exempt from being attached to expectations of taxation reciprocity by reason of
no MENTAL ASSENT being present, are in error:
Because your exterior manifestations -- your failure to explicitly and
bluntly reject juristic benefits -- overrules whatever quiet reservations you
may have about the reciprocity expectations contained in the contract. The other party to the contract (here, the
other party is a Juristic Institution) has absolutely no reasonable basis to
consider the applicability of its contract with you by probing into the corners
of your mind and uncovering any latent reservations that may be there. Therefore, only the act of coming out into
the open and filing a blunt and explicit NOTICE OF REJECTION OF BENEFITS, has
any reasonable meaning; and Protestors claiming unfairness because MENTAL
ASSENT is tossed aside and ignored are not addressing the full spectrum of
factual elements that judges consider when presented with a contract
enforcement prosecution.
=============================================================[593]
And this
is why filing an Objection, Notice of Defect and Rejection of Benefits to the
King, objecting to your involuntary use of Federal Reserve Notes, carries no
retroactive force or effect with it back into preceding years. [594]
[594]=============================================================
Variations
on this RATIFICATION DOCTRINE surface all throughout the Law. It surfaces in criminal prosecutions as an
evidentiary law requiring that circumstances be awarded priority over verbal
communication or non-communication in proving conspiracies (meaning that what
you say or don't say is not important as what you do). In Commercial contracts, PAROLE EVIDENCE is
oral or verbal evidence, and the PAROLE EVIDENCE RULE restrains a party to a
contract from using expectations and declarations from toning down the meat of
a contract. (See UCC 2-202), since the
lesser oral expectations were MERGED into the greater written
expectations. In the Uniform Commercial
Code, the RATIFICATION DOCTRINE appears in Section 2-610, which states that the
repudiation of a contract must be positive and unequivocal; and it appears
again in 2-606(b), which states that failure to make an effective (strong)
rejection constitutes acceptance.
=============================================================[594]
It is a
Principle of Law mentioned over and over again in Contract Law books that
silence can effect ratification in the context of a benefit assertion. [595].
[595]=============================================================
The
underlying Principles associated with the RATIFICATION DOCTRINE surface in
criminal prosecutions, as it is often very reasonable for Juries, too, to take
special Notice and freely draw inferences and conclusions from the Defendant's
silence. In some Trials, Judges have
characterized that the effect of the Defendant remaining silent would be like:
"... the sun... shining with full
blaze on the open eye."
- STATE
VS. CLEAVES, 59 Main 298, at 301 (1871).
=============================================================[595]
Remember
that to really understand a doctrine, we need to examine it from manifold
trajectories; and in so viewing, from a Judge's perspective, what the
RATIFICATION DOCTRINE is trying to avoid, we find that to allow the annulment of
a contract on repudiation grounds on anything less than a firm and positive
"no," has the direct effect of working a Tort on the other party,
since benefits were transferred from one party to the next. [596]
[596]=============================================================
For a
recent discussion on the RATIFICATION DOCTRINE in operation, see COMMONWEALTH
EDISON VS. DECKER COAL, 612 F.Supp. 978 (1985).
=============================================================[596]
The
application of this RATIFICATION DOCTRINE is not restricted to favor the
Government in the evidentiary presumptions of consent that it creates, as the
Supreme Court holds this Doctrine to be binding on all persons dragged into its
machinery. [597]
[597]=============================================================
I have
seen lower State Courts apply the Principle of RATIFICATION under Tort Law
factual settings. See PAGE VS. KEEVES
[199 N.E. 131 (1935)], which held that a person assisting another in the
commission of a wrongful Tort act against another, or with knowledge approving
of such act after it is done, is liable in some manner as if he had committed
the same wrongful act, if done for his benefit [that's right BENEFITS ACCEPTED]
and he avails himself of its fruits. The
word RATIFICATION does not appear anywhere in the Case Opinion, but the
Principle does at page 135.
"The doctrine of liability by
RATIFICATION in Tort Cases is abundantly established. Indeed, this seems to have been the earliest form of it. By whatever methods the act be adopted and
approved, the principal becomes liable for the Tort as though he had previously
directed it. And it is not always
necessary that the approval shall look to the particular act. In the case of master and servant, for example,
if the approval establishes the relation, the master becomes responsible for
any Torts committed within its scope or which he would have been responsible
had the relation been regularly created...
"RATIFICATION in Tort Cases is a
distinct gain to the other party, giving him a remedy against the principal
while not depriving him of its remedy against the wrong-doer himself."
- THE
EFFECT OF RATIFICATION AS BETWEEN THE PRINCIPLE AND THE OTHER PARTY by Floyd
Mechem in 4 Michigan Law Review 269, at 270 (1905).
=============================================================[597]
The
application of this RATIFICATION DOCTRINE in the area of the Citizenship
Contract does create an invisible contract, as the burden to prove that the
contract does not exist then falls on the individual, with the King not
required to prove or adduce anything.
This Doctrine is held operational against everyone indiscriminately as
the Principle that it is, when the factual circumstances warrant its provident
application; this even includes drawing inferences against the Congress
itself. [598]
[598]=============================================================
"The
fact that Congress has remained silent..."
- JAMES
VS. UNITED STATES, 366 U.S. 213, at 220 (1961).
The
Supreme Court has ruled that when the Congress remains silent on something,
then the Judiciary sets the limits -- as silence by the Congress is very
significant and presumptuous. Speaking
about the INTERGOVERNMENTAL TAXATION IMMUNITY DOCTRINE binding on both Federal
and State Juristic Institutions [that I mentioned at the end of CITIZENSHIP]:
"Congress may curtail an immunity
which might otherwise be implied... or enlarge it beyond the point where,
Congress being silent, the Court would set its limits."
- HELVERING
VS. GERHARDT, 304 U.S. 405, at 411 [footnote #1] (1937).
Yes,
even the Congress of the United States is held to be accountable for its
silence. In footnote number 1 to GRAVES
VS. NEW YORK [306 U.S. 466 (1939)], the Supreme Court holds the silence of the
Congress in areas of regulating Commerce as determinative of federal
policy. In WESTERN LIVE STOCK VS.
BUREAU OF REVENUE [303 U.S. 250 (1937)], the Supreme Court discusses the
implications of Congressional silence in the field of state taxation of
Interstate Commerce and its instrumentalities.
Yes, SILENCE is suggestive of intentions in some instances, and everyone
without exception (even the Congress of the United States) is held accountable
and responsible, at one time or another, for inferences drawn from their
silence.
...
Even Heavenly Father uses this PRINCIPLE OF NATURE in the continuation of
benefits and duties originating under Celestial Covenants by Saints, as silence
by Saints individually is deemed to be an automatic extension of the Covenant
(only the explicit disavowal of the Covenant can terminate the Covenant, while
silencer retains the operation of the Covenant in effect).
=============================================================[598]
There
is an old Roman saying that "... He who remains silent certainly does not
speak, but nevertheless it is true that he does not deny." [599]
[599]=============================================================
See
Roscoe Pound in READINGS IN ROMAN LAW, Second Edition, at pages 25 to 26.
=============================================================[599]
The
situation expressed by that legal truism has been the source of some blurry
confusion in our Law of Contracts.
Though acceptance of an Offer is usually made by spoken or written words,
quite often the Offer may call for act or authorization requiring some other
mode of acceptance. As the Offeror is
the "Czar of his Offer," such acts, when induced by the Offeree,
constitute the acceptance. [600]
[600]=============================================================
"The
orthodox doctrine of the law of contracts, particularly the OFFER and
ACCEPTANCE machinery, could not be more familiar to most lawyers. We are long indebted to Professor Hohfeld,
who has enabled us to express the legal effect of an Offer as creating a power
of acceptance [see W. Hohfeld in FUNDAMENTAL LEGAL CONCEPTIONS (1923); and also
Corbin in LEGAL ANALYSIS AND TERMINOLOGY, 29 Yale Law Journal 163 (1919)]. Where an Offer is extended by an Offeror, he
permits the Offeree to exercise a power of acceptance that subjects the Offeror
to the legal relation called contract.
The Offeror is said to be under a correlative liability, because
exercise of the power of acceptance by the Offeree creates a right-duty
relationship.
"After
discussing the anatomy of Offers, the first year law student is concerned with
the exercise of the power of acceptance.
At once he is confronted with learning how the power may be exercised:
"... almost the first question to ask
about an offer is: What particular kind
of acceptance did this Offer call for; and especially: Was it for a promise or was it for an
act."
- Llewellyn
in OUR CASE LAW OF CONTRACT: OFFER AND
ACCEPTANCE - PART II, in 48 Yale Law Journal 779, at 780 (1939).
"Understanding
his exploration in this fundamental area is the principle that the Offeror is
master of his Offer. He creates the
Offer and may require the power of acceptance to be exercised in any manner he
deems necessary or desirable. To
emphasize this principle, students are typically confronted with a hypothetical
Offer that requires the Offeree to don an UNCLE SAM costume, climb a greased
flagpole, and, upon reaching the gold dome at the top, whistle Yankee Doodle
twice. The effect on the impressionable
first year student is significant. He
will never forget that the Offeror is master of his Offer, and he will often
justify his position through the use of even more outlandish hypotheticals. Of course, he is obliged to use
hypotheticals, just as his teacher was, since no recorded case makes the point
so clearly."
- John
Murray in CONTRACTS: NEW DESIGN FOR THE
AGREEMENT PROCESS, 53 Cornell Law Review 785, at 785 (1968).
Mr.
Murray is correct, there is no RECORDED CASE that makes the point so clearly,
but by the time you have finished this Letter, you will see numerous UNRECORDED
CASES of contract Offers by the King that are very structurally similar to
climbing a greased flagpole by the magnitude of the King's leverage involved,
since the game starts out with the cards being so heavily stacked against us,
as our own ignorance and silence work against us greatly.
=============================================================[600]
In such
cases of negotiated commercial contracts, now there is something here explicit
by which to judge the intention of the parties; but as we shift over to
invisible juristic contracts, where the mere passive conduct of the Offeree
(you and me) is claimed to be an acceptance of benefits by Government, now the
question is more difficult -- as some of the requisite indicia applicable to
Laws governing commercial contracts has to be laid aside; like Mutual
Assent. [601]
[601]=============================================================
The
problems associated with RATIFICATION have been the subject of controversy by
commentators.
"If a person whom I have not
authorized to act as my agent has made in my name with a third person a
contract composed of mutual promises, and if the third person, who originally
believed in the authority of the assumed agent, has withdrawn from the
transaction and has communicated his withdrawal to the assumed agent or to me,
can I, nevertheless, thereafter, promptly upon learning of the contract, ratify
the contract and hold the third person?
In short, by ratifying an unauthorized bilateral contract can I hold the
adverse party, although he has already withdrawn from the contract? ...
The questions underlying the problem go to the very foundation of the
DOCTRINE OF RATIFICATION."
- Eugene
Wambaugh in A PROBLEM AS TO RATIFICATION in 9 Harvard Law Review 60, at 60
(1895).
=============================================================[601]
However,
rather than Patriots fighting an area of grey where there is some DE MINIMIS
merit to the Government's position, it might be best to simply accept the
application of the RATIFICATION DOCTRINE, accept the fact that invisible
contracts are in effect by your silent passive benefit acceptance and refusal
to explicitly disavow and reject benefits, as generally held by Judges - but
then turn around and walk away from the contract for other reasons, like
FAILURE OF CONSIDERATION. [602]
[602]=============================================================
For
commentary, see Notes, SILENCE AS ACCEPTANCE IN THE FORMATION OF CONTRACTS, 33
Harvard Law Review 595 (1919). The many
commercial contract cases cited and quoted therein should be distinguished from
juristic contracts.
=============================================================[602]
So the
assertion by the King of his Status as a HOLDER IN DUE COURSE (and therefore
normally protected from any defense that you may throw at him via a Federal
Judge in an Income Tax grievance) then becomes meaningless: If you first Notice the King out and Object
with a Rejection of Benefits, and have so Objected timely. Failure to serve a Notice of Defect on the
King is fatal, as without that Objection by you, the King retains his
protective HOLDER IN DUE COURSE Status, and with that Status you have
absolutely no substantive defense to assert against him.
Question: How do you Object?
In
Objecting to Federal Reserve Notes, we need to be mindful of the fact that
Federal Judges normally do not take Judicial Notice of the Federal Reserve Note
equity attachment question. By the end
of this Letter, you will see the larger and more important invisible contracts
to be dealt with, if a pure and correct severance of yourself away from the
adhesive siphon of the Bolshevik Income Tax is to be perfected. Primarily, they search the record for the
political contract of Citizenship, and when Citizenship is found, generally
they stop right there and then.
However, if dealing with a Denizen or some type of non-resident alien,
Federal Judges then shift their attention over to finding some Commercial
benefits that were accepted, in order to justify the extraction of Income Taxes
out of the poor fellow's pockets, acting Ministerially as enforcement agents
the way they do. So although Federal
Judges find it unnecessary to take Notice of your acceptance of Federal Reserve
Notes at the present time, when all other political and Commercial contracts
have been correctly severed, this one remaining Commercial contract is going to
be an item that needs to be wrestled with, in advance of its apparent
necessity.
So if
three years from now the IRS throws a prosecution at you, and you argue
non-attachment of liability to Title 26, so called, based on a pure severance
of Equity, then how will you prove what your STATE OF MIND was in 1986, as it
pertains to the Federal Reserve Note use and recirculation question? Remember that the claimed STATE OF MIND of a
Party is an affirmative defense. The
person asserting the defense has the burden to prove its merit, and reasonably
so. The King does not have to prove
that you entered into the acceptance and beneficial use of Federal Reserve
Notes with profitable expectations in your mind. Such a positive, beneficial, and Commercial Federal Reserve Note
use assumption is automatically inferred by the Commercial nature of those
Notes and the "Public Notice" Status of the King's Title 26 statutes,
and so you have to prove the opposite.
How are you going to prove what your STATE OF MIND was in 1986? Are you going to subpoena your wife into the
Courtroom and ask her to tell the Court what you said three years earlier in
1986?
"Oh, yes. I remember. Hank said
that he didn't like using them things."
Well
that is not much, and that is not the kind of an Objection, Notice of Protest,
and document STATE OF MIND that the Supreme Court will respect. So what we need to do in order to Object
timely, is to file a specific Objection with the Secretary of the Treasury, and
simply tell him what your STATE OF MIND is at the present time; and
synchronously record that document in a Public Place. Documents written by individuals are often very strong pieces of
evidence to prove a person's STATE OF MIND, and will, under some circumstances,
directly overrule another person's first-person oral testimony on grounds relating
to the PAROLE EVIDENCE RULE (most often such circumstances surface in Probate
proceedings in Surrogate's Court when a Will or its Codicil is being
contested). If the IRS has a
prosecution in gestation against you at the present time here in 1985, and the
IRS is moving against you in some manner for the years, say, 1982 and 1983,
then filing this Notice of Protest and Objection will have no retroactive
effect. Filing this Objection at the
present time merely documents your STATE OF MIND at the present time, and so if
the IRS moves against you in three years, this preventative step you take at
the present time is interesting prosecution annulment material. [603]
[603]=============================================================
One
should not necessarily feel too depressed over having failed to perform a
positive act at some point in the past; a correct understanding of handling
factual settings is acquired experientially, and so although knowledge
frequently does come too late...
"Wisdom too often never comes, and so
one ought not to reject it merely because it comes too late."
- ROSE
VS. MITCHELL, 443 U.S. 545, at 575 (1978).
=============================================================[603]
Since
the King's Attorney will present some old bank account that you had gotten rid
of years earlier, and will conveniently not show your recessions to the Judge
at the time the Summons is signed, none of this Status correction material will
likely deflect the original initiation of a prosecution itself.
In your
Objection and Notice of Protest, we might want to mention that you are using
Federal Reserve Notes for minimum survival purposes only, and that even this
use is reluctant, because in a previous day and in a previous era, the King
used his police powers to seal a monopoly on currency instruments, and so now
you have no choice in selecting between different currency instruments to use
-- and the involuntary adhesive attachment of Title 26 civil liability that
occurs while you are being backed into such a corner, occurs against your will
and over your objection. Your STATE OF
MIND is not one of beneficial acceptance and enjoyment of Federal Reserve
Notes, but one of a forced DE MINIMIS coercion. You are not using Federal Reserve Notes for Commercial profit or
gain, but such use is out of practical necessity since the King has physically
removed all currency competitors from the marketplace under his penal statutes
and literally by physical duress; and so now your use of Federal Reserve Notes
is by lack of alternatives to select from, not freedom of choice. By such monopoly tactics, the King is
engaging in unfair Trade Practices, which if you or I did the identical same
thing, we would be incarcerated for it under numerous Racketeering and Sherman
Anti-Trust criminal statutes. Yet the
FORCED monopoly of a currency serves no beneficial public interest, [604]
[604]=============================================================
Mere
declarations by the Congress that their creation of a uniform national benefit
constitutes a benefit, does not in fact reverse facts that the damages
associated with Congressionally originated money exceed the benefits. The Congress once declared their attitude
that their currency monopoly is a benefit for us out here in the Countryside:
"In order to provide for the safer
and more effective operation of a National Banking System and the Federal
Reserve System, to preserve for the people the full benefits of the currency
provided for by the Congress through the National Banking System and the
Federal Reserve System..."
- Title
12, Section 95 (March, 19833).
Federal
Judges are cognizant of the declaration of Congress that the issuance of a
currency by the Congress is considered to be a benefit; but declarations do not
change previous factual experiences.
=============================================================[604]
and is
actually an instrumentality to work MAGNUM damages on us all after the King
replaces his initial hard currency later on with a paper currency (which has
now happened). Remember that Federal
Judges see important benefits in everything the King does, and there are
legitimate benefits in having a uniform national currency to pursue Commercial
enrichment with -- when those benefits were sought after voluntarily. [605]
[605]=============================================================
In
VEAZIE BANK VS. FENNO, 75 U.S. 533 (1869), the Supreme Court ruled that it was
the Constitutional right of Congress to provide a currency for the whole
Country; that this might be done by coin, United States notes, or notes of
national banks; and that it cannot be questioned that Congress may
Constitutionally secure the BENEFIT of such a currency to the people by
appropriate legislation.
=============================================================[605]
Judges
perceive of those benefits as being related to the Legal Tender status of the
King's Currency, among other things.
What Federal Judges do not see collectively is that those FRN's possess
only those benefits that any widely accepted circulating currency would also
offer, and are the same benefits that privately circulating notes and coins did
in fact offer here in the United States prior to the Civil War. The King is not entitled to demand taxation
reciprocity by merely replacing benefits originating from private mints with
benefits originating from the Congress under the cloak, cover, and duress of
penal statutes. So by enacting that
succession of penal monopoly statutes that shut down competitors, the King has
transferred the origin of currency benefits away from private mints and banks,
over to himself. A forced uniform
national currency serves only the private financial enrichment objectives of
the King by getting everyone into Interstate Commerce, among other things, and
also serves the objectives of Special Interest Groups who very much want to see
the King circulate paper currency expressly for the purpose of perfecting our
enscrewment -- if it were not so, the King would not have had to use penal
statutes and armed stormtroopers in the 1800's to enforce the acceptance of his
currency monopoly LEX. If a single
national currency medium did in fact serve everyone's best interest, if
everyone wanted to use the King's paper money, then why did the King have to
resort to the display of physical force when initiating such a currency
monopoly by police powers intervention in the 1800's, and now unilaterally use
that monopoly to administratively coerce people into contractual situations
they did not otherwise want or enter into?
Therefore,
you do not accept any Consideration the King is handing you when Federal
Reserve Notes circulate into your possession (and remember that the King's
Legal Tender Statutes have very much enhanced the market value of Federal
Reserve Notes). And that such use of
Federal Reserve Notes is occurring against your will and over your objection
and Protest, for, INTER ALIA, want of alternatives, and with the reason why
there are no alternatives is due to Federal monopoly penal statutes forbidding
such alternatives, and that such a monopoly is an unfair restraint of trade
(unfair because it is unnecessary) anyone else gets incarcerated for.
Remember
that in dealing with Federal Judges, you need to "hit the nail right on
the head," and by rejecting Federal benefits, and then explaining your
rejection through chronologically sequential presentations of facts and of
reasoned legal arguments; when that has been done, then where once there was a
Courtroom hurricane of unbridled retortional ensnortment by Federal Judges,
designed to rub in, in no uncertain terms, their strong philosophical
disapproval of Tax Protestors -- now suddenly in contrast, everything changes
over to a quiescent environment. [606]
[606]=============================================================
"Quiescent"
means that the environment is at rest, but only for a certain amount of time.
=============================================================[606]
Additional
objections along the lines that Warburg and his Gremlin brothers in crime, the
Rothschilds, through their ownership of the Federal Reserve System, are third
party beneficial interest holders, and that use of the police powers for the
private enrichment of a Special Interest Group is unlawful, since under Supreme
Court rulings, when the King enters into Commercial activity, his Status
descends to the same level as other merchants, [607]
[607]=============================================================
"Governments
descent to the level of a mere private corporation and takes on the character
of a mere private citizen [where commercial instruments are concerned]." -
BANK OF U.S. VS. PLANTERS BANK, 22 U.S. 904 (1829).
"When
governments enter the world of commerce, it is subject to the same burdens as
any private firm." - UNITED STATES VS. BURR, 309 U.S. 242 (1939).
And the
King is very much into Commerce when his Legal Tender Statutes and equity
co-endorser statutes [Title 12, Section 411] enhance the value of those
negotiable Federal Reserve Notes.
=============================================================[607]
and
that any other American merchant who pulled off such a gun barrel monopoly grab
would be incarcerated for doing so.
Numerous Contract Law books provide a rich abundance of defenses to
assert against Negotiable Instruments.
[608]
[608]=============================================================
Exemplary
would be, perhaps, the three volume set of TREATISE ON RECESSION OF CONTRACTS
AND CANCELLATION OF WRITTEN INSTRUMENTS by Henry Black (Vernon Law Book
Company, Kansas City, Missouri);
And the
huge voluminous set of CORBIN ON CONTRACTS by Arthur Corbin, West Publishing
Company, St. Paul, Minnesota;
Another
is the 18 volume set of writings of Sam Williston entitled A TREATISE ON THE
LAW OF CONTRACTS, published by Baker, Voorhis & Company, Mount Kisco, New
York (1961).
=============================================================[608]
Numerous
defenses to assert in your Objection and Notice of Protest against the use of
Federal Reserve Notes attaching liability to Title 26 due to their Status as
circulating Commercial Negotiable Instruments involve both Real [609]
[609]=============================================================
Real
defenses include those defenses that arise out of the fact that no liability
was created in the first place by your involuntary use of Federal Reserve
Notes.
=============================================================[609]
and
Personal Defenses. [610]
[610]=============================================================
Personal
defenses are those defenses which arise out of the relationship of the parties
to each other.
=============================================================[610]
Some of
the defenses you could claim include undue influence, [611]
[611]=============================================================
Undue
influence is generally understood to be the power which one person wrongfully
exercises over another in attempting to control and influence the action of
such other person. Both CIRCUMSTANTIAL
as well as DIRECT EVIDENCE is acceptable for proving undue influence (which,
like all other defenses are affirmative defenses, and the burden falls on you
to assert your position well).
=============================================================[611]
absence
or failure of Consideration, [612]
[612]=============================================================
Remember
that Consideration is a benefit, and mere issuance of the Note itself has
always been PRIMA FACIE EVIDENCE that Consideration (a benefit) was accepted by
the Holder (you). Your placing the King
on "Prior Notice" that benefits are being declined and waived, and
that infirmities are present, is your attack on
Consideration.
=============================================================[612]
moral
fraud, [613]
[613]=============================================================
Either
fraud PER SE or in the alternative, FRAUD IN THE FACTUM can be either Personal
or a Real Defense, depending upon the factual setting (which we will now alter
to favor ourselves). Law books are
generally reluctant to define the contours of just what fraud is, since no
sooner do the contours of fraud get settled, then some scheming crook stretches
those contours by figuring out new ways to pull something off. But if you can get a recognizance of fraud,
then what is absolutely certain is the consequence of such fraud: As it vitiates anything and everything that
it enters into. But fraud is an
affirmative defense, and properly so, and the burden is on you to prove that
such fraud exists.
=============================================================[613]
necessity,
unilateral adhesion contract made in restraint of trade, [614]
[614]=============================================================
Commercial
bargains made by people are generally deemed to be null and void if made in
conflict of Public Policy, i.e., prostitution, gambling, usury, etc. The King's monopoly grab on a single
national currency is very much contemporary national Public Policy, so arguing
this line in a Contract Law Jurisprudential setting is going to be difficult,
unless the correct pleading of the Money Issue is presented.
=============================================================[614]
economic
duress, [615]
[615]=============================================================
Duress
does not need to be directly experienced by the party claiming it as a defense,
as duress used by one of the Holders, with the secondary effect of the duress
operating only indirectly against you, is quite sufficient as a defense.
=============================================================[615]
and the
like.
Some of
those Objections and statements are milktoast, and will later fall apart and
collapse under attack by the King's Attorneys in adversary proceedings, and
properly so. Reason: The Use and recirculation of Commercial
Federal Reserve Notes necessarily involves a Contract Law factual setting, and
so our arguments along the lines of the King's basic unfairness in sealing up
his national currency monopoly, etc., are only peripheral arguments; only
direct coercion in the use of Federal Reserve Notes is strong enough to strip
the King of his Status of a HOLDER IN DUE COURSE. And unfairness arguments sounding in the Tort of third party
Special Interest Group penal statute sponsorship and of Congressional intrigue
in 1913, even though very accurate factually, are way off base, if we are going
into the Supreme Court under a factual setting calling for Contractual Law
settlement reasoning.
But for
us right now, which Objection reason that we stated, either stands or falls
when under attack later, is not important.
And what is important is denying the King his protective Status as a
HOLDER IN DUE COURSE against you (if the King is a HOLDER IN DUE COURSE, the
Principle is that we have no defenses to assert against him), by filing your
NOTICE OF PROTEST and related corrigendum (meaning filed in an interlocutory
state in contemplation of secondary enhancement or error correction at a later
time). But some of those arguments we
listed will survive, as the naked facts surrounding the forceful acquisition of
the King's monopoly on national currency are quite authentic, and elements can
be raised to take the factual setting out of Contract Law and into Tort Law
where, at least as a point of beginning, those arguments then become relevant
[however, those arguments probably won't even be addressed for other
reasons]. So we are exactly on line in
some areas (assuming the Case was properly plead by referring to the Supreme
Court rulings on the declension in Status the King experiences when the King
engages in Commercial activity). [616]
[616]=============================================================
"When
governments enter the world of commerce, it is subject to the same burdens as
any private firm."
- UNITED
STATES VS. BURR, 309 U.S. 242 (1939).
=============================================================[616]
So the
final analysis is not important right now.
Getting a general Notice of Protest documenting the situational
infirmities to the other party; invoking Tort Law to govern the factual setting
surrounding your involuntary use of Federal Reserve Notes; and stating that
there has been a FAILURE OF CONSIDERATION; as your STATE OF MIND is what is
important, and the detailed judicial affirmation or rejection of your specific
Protest reasons can occur later in adversary proceedings. Failure to object is fatal, and failure to
object timely is equally as fatal, as you have no right to ask the Judiciary to
help you weasel out of the terms of contracts you originally intended to
benefit from (which is necessarily inferred when no timely Objection was filed
on your part). If we have corrected our
Status, we filed our Objections timely, and we still lose, and the reasons why
we lose on this issue have their seminal point of origin in the King's police
power tactics in the 1800's, then it would then be time to consider dealing
with the King on the same terms the King's Treasury Agents dealt with the two
remaining die-hard California Coin Mints:
Out of the barrel of a gun.
[617]
[617]=============================================================
"And
honest Men would be expos'd a ready Prey to Villains, if they were never
allow'd to make use of Violence in Resisting their Attacks."
- THE
LAW OF NATURE AND OF NATIONS, by Samuel de Puffendorf [Translated from the
French by Basil Kennett (1729)].
=============================================================[617]
With
the prosecution of Individuals, whose status is near lily white, being
sandbagged at low administrative and judicial levels, then such an aggressive
retortional atmosphere of confrontation is quite unlikely to occur. But until those circumstances do happen,
then let's not badmouth the Judiciary, because as for the past and present,
PRINCIPLES OF NATURE rule in the corridors of the United States Supreme Court,
to the extent that they are able to apply such majestic Principles to such pathetic
factual settings they are frequently presented with -- with petitioners and
criminal Defendants who are not entitled to prevail under any circumstances, as
contracts are in effect.
Subject
to these following qualifications, the filing of this Objection on the
involuntary use of Federal Reserve Notes will arrest the movement of the King's
Agents in a civil prosecution against you on this particular adhesive
attachment of King's Equity Jurisdiction.
But the most interesting reason why you now reluctantly use Federal
Reserve Notes is yet to come; and it is the one reason the King's Attorneys
will never be able to tear apart and get judicially annulled [it will be
sandbagged before it gets annulled].
And it is the one reason why even an otherwise reluctant Supreme Court
might just respect this Objection, regardless of how irritating it may be for
some imps nestled in the Judiciary, since the effect of this one last Objection
automatically vitiates the most solemn written contracts ever sealed.
Your
Objection might want to contain the following:
1. An
historical overview of the gun barrel and penal statute factual setting
surrounding the acquisition of a national currency monopoly by the King, with
the authorities for your statements being cited;
2. Stating
in all of your Objections and Notices of Defects, that your occasional use of
Federal Reserve Notes is involuntary, and transpires because you are seeking to
avoid being incarcerated as an accessory to the criminal circulation of illegal
currency under Federal statutes.
That's
right. That is the real reason why you
now reluctantly use Federal Reserve Notes:
Not because you want to, and not necessarily because of what some
Treasury Agents did in California in the 1800's, but because if you now started
using your own currency instruments here today in 1985, then the King will
incarcerate you for doing so; and therefore we have no choice but to use the
King's designated currency against our Will and over our Objection. [618]
[618]=============================================================
Is the
King really interested in using penal statutes to enforce a currency monopoly,
down to the present day? Yes, he very
much is, and those who deal in that currency which the King has seen fit to
declare illegal in his kingdom will find themselves dealing with the King's
Agents at gun point.
...Being
in the United States felt good to the Braselton Family, who came over here from
Manchester, England in the 1880's. They
settled down in rural Georgia, a remote 52 miles northeast of Atlanta. This was 52 miles from nowhere, in the
middle of nowhere. This was an
enterprising family with commercial enrichment being a natural family
attribute. The elder Mr. Braselton
borrowed $2,000 and started in business with his brother at the age of 8 [a
great deal of money for those days when SILVER DOLLARS circulated and $1,500
bought a nice house]. Soon, a farming
supply store opened up, followed by a succession of other stores and business
interests. What was first a single
building was now a row of buildings lining both sides of a street, and
surrounded by neighborhoods of residents.
House of Braselton essentially grew into a town unto itself. Today, among the visible merchant
establishments, there are the BRASELTON BANKING COMPANY, the BRASELTON SUPER
MARKET, the BRASELTON FLEA MARKET, the BRASELTON FURNITURE AND APPLIANCE STORE,
the BRASELTON MONUMENT COMPANY, and the BRASELTON SERVICE STATION. The State of Georgia granted their hamlet
political status as a town, and named it the TOWN OF BRASELTON. After building up a bank and virtually all
of the supply stores in town, the Braselton Family then built a high school for
the town's residents. There is no
police department in Braselton, there is no fire department and no social
services -- and, not surprisingly, being no benefits, there are no taxes to be
concerned with. No, looters and Tory
Aristocrats never did succeed in gaining a foothold in Braselton. Over the years from 1880 down to the present
day, the Braselton stores have had their trials and reversals: They have had an intermittent fire, and in
1920 a tornado leveled many buildings, but the family always rebuilt. The Mayor of Braselton has always been a
Braselton, and the family enterprises are managed by a family triumvirate,
affectionately called THE 3-B's [see the ATLANTA CONSTITUTION ("Three
Braseltons of Braselton Business Partners Over 50 Years"), (May 31,
1939)].
Today,
when I visited Braselton, only a handful of coins and coupons ["Coupon
Check"] mounted on a picture frame remain as reminiscent icons of the
grand days of the 1800's, when anyone could issue their own currency without
fear of being incarcerated. The history
and lore of Braselton, Georgia is written and mounted on several walls in the
BRASELTON BROTHERS HARDWARE STORE.
Walking into that store, one gets a feeling of power relationships, as
photographs from Presidents, Governors, and Senators, and other Braselton
Family Members hang in open view. With
such a display of high powered acquaintances, I almost felt as if I was in
David Rockefeller's office in the Chase Manhattan Bank -- but there the feeling
of similarity stops. In the BRASELTON
HARDWARE STORE, one feels a sweet and pleasant spirit permeating the store, as
if one great American family resides here.
In David Rockefeller's office, also adorned with photographs of powerful
acquaintances, the spirit in the air is one of an icy demon chill. Once while travelling up in an elevator in
the Chase Manhattan Bank, my knees started to rattle when passing the 17th
Floor, where His Excellency used to maintain his nest. The idea came to me, as I tried to stop the
shivers, that the Astral High Command was holding an important conference, and
that the demons were planning to pull off something grand. Being primarily in the farming supply
business, the Braselton Family developed a Credit System based on TRADE
CERTIFICATES to handle the seasonal nature of surrounding farmers coming in to
trade crops for supplies. For store
employees and local residents, the Braseltons had their own coins minted, and
dollar equivalency coupons printed to be used as currency. Copper and nickel based coins were minted in
numerous equivalency denominations under $1.00; the paper coupons ["Coupon
Checks"] were similar to those coupon issued by movie theaters and
carnivals, and were available in coupon books.
The issuance and circulation of coins and currency by THE 3-B's was not
only illegal, it was criminal, but in a friendly small town in Georgia composed
of class people, who concerned themselves with technical banking statutes in
Washington?
Over
the years since the 1880's, while foreign wars came and went, the Braselton
Family enterprises prospered and grew independent of the King -- but eventually
the party would be over. As is always
the case, one little goof messes up the soup for everyone else, and the
Braselton's turn came in the early 1950's.
...One day in the early 1950's, a Braselton minted coin found its way into a gas station in Atlanta. In turn it was passed on to a bank, who could not redeem it into currency they are comfortable with. So the bank called the United States Secret Service to report this heinous criminal outrage being commercially orchestrated right up State Highway 53 in Braselton. From out of their offices in the Atlanta Federal Building descended a troop of Federal Agents o