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Against=20 the Grain

 

 

The Informer

WAR POWERS TODAY IN AMERICA
by the = principles=20 applied in 1862
FALLACY & MYTH of PEOPLE BEING THE = SOVEREIGN=20
and that the Constitution was created by the common man. =
By=20 The Informer

    In reading the Book WAR POWERS, by = Whiting,=20 who was the Solicitor General of the War Department of The = United=20 States, published in 1864, it does not come as a shock to me = that we=20 are nothing but slaves of Congress, AKA United States. = Whiting was=20 Lincoln point man and developed the basis for Lincolns = justification=20 of the War Policies. Whiting teamed up with Francis Lieber = who wrote=20 the "Lieber Code" that we are now under. James Montgomery, a = present=20 day researcher, also has written extensively on the = Reconstruction=20 Acts and the Lieber Code and how they apply to Americans to = this=20 very day. After Whiting left office, his position that he = held, was=20 never replaced.=20

    A little prelude to the book by John = Yoo,=20 War Powers Under the Constitution of the United=20 States, Author William Whiting.=20

    An introduction by John Yoo, Professor = of Law,=20 Boalt Hall School of Law, University of California at = Berkley: JD.,=20 1992, Yale Law School; AB., 1989, Harvard University who = teaches and=20 writes in the areas of constitutional law.=20

    Upon opening this book, the tenth = edition of=20 William Whiting's War Powers under the Constitution of = The=20 United States the reader may be surprised . . .. If=20 anything, Whiting's work helps remove the blinders that a = half=20 century of controversy over undeclared wars- from Korea to = Vietnam=20 to Panama to the Persian Gulf- has placed over the eyes of = the legal=20 profession. Born on March 3, 1813 in Concorde, Mass., he = attended=20 Harvard and got his law degree in 1838. As a Boston = attorney,=20 Whiting became known as so masterful a trial lawyer that, in = his=20 day, the Common Pleas Court was sometimes called "Whitings=20 Court".  The Boston lawyer began writing in support of = the=20 Lincoln administration=92s arrests of suspected sympathizers = of the=20 rebellion. As the war proceeded, Whiting joined the War = Department=20 as Solicitor at the request of President Lincoln himself. No = doubt=20 it had to do with Whitings publication, in 1862 in Boston. = Whatever=20 the reason for his appointment, Whiting became the point man = for the=20 Lincoln administration on the difficult and delicate = constitutional=20 issues that arose from the war.=20

    Whiting joined a truly exceptional = group of=20 lawyers who would create many of the theories of the = independent=20 presidency and the national security state that would = reappear in=20 the middle of the twentieth century. In addition to patent = officer=20 Peter Wilson, Whiting was joined by former cabinet member = and first=20 judge advocate general Joseph Holt, international law = scholar, and=20 Francis Leiber, and Eathan Allen Hitchcock and Henry W. = Halleck,=20 both lawyers who became generals, the latter becoming = General in=20 Chief in 1862.=20

    In Whiting's documents he developed = the legal=20 theories that would justify Lincolns measures to conduct the = war=20 successfully on both the war front and home front; he also = took a=20 prominent role in publicly disseminating and explaining = these views.=20

    One of the best students of Lincoln = and of the=20 Civil War, Pulitzer Prize--winning historian- Mark E. Neely, = even=20 suggests that it was Whiting's first pamphlet, War = Powers=20 and the President, that convinced Lincoln that as = commander in=20 chief he could abolish slavery in the rebellious states. = Until=20 reading Whiting's works, Neely suggests, Lincoln had been = reluctant=20 to issue the Emancipation Proclamation.=20

    It is perhaps a tribute to Whiting's = success=20 that no successor was ever appointed to his position upon = his=20 resignation in 1865. His ardent support for the Republican = Party=20 continued after leaving government service. In 1868 he = served as=20 presidential elector for Ulysses S. Grant, and in 1872 he = was=20 overwhelmingly elected to Congress by the third district of=20 Massachusetts. Death at age sixty, however, prevented = Whiting from=20 joining the legislative body that he had once worked with as = a=20 member of the executive branch.
End of prelude.=20

    Contrary to what many people believe, = the term=20 United States is NOT separate and distinct from the term = United=20 States of America, because the two are synonymous. As I = stated way=20 back in 1990 and continue to state, America is a country, = and the=20 United States is NOT a country. The United States belongs to = America. Since the phrase United States OF America contains = the word=20 "OF" between the two words United States and America, proper = use of=20 the word OF means the United States belongs to America. = Another rule=20 of grammar is that the phrase United States is a particular = place=20 and not a group of states united. To become a group of = states the=20 word United would have to appear as united States. The small = "u"=20 would change the word United from a noun to an adjective. So = one, to=20 be grammatically correct, would have to write united States = of=20 America to correctly mean all 50 States. But even that is = not a=20 country. Simply writing United States of America means only=20 Congress, AKA United States. A very simple proof is when the = TV airs=20 the State of the Union message. The President is announced = as=20 always, "I now present the President of the United States." = It is=20 never announced,  I now present the President of the = united=20 States of America. To be the President of the united States = of=20 America would mean that the Governors of each of the states = would=20 not have the final say on any laws passed in that state but = would=20 have to depend on submitting anything the Governor had to = sign to=20 the President for final approval.=20

    Since I have shown previously in my = other=20 books, through copious government documents, both of the = United=20 States and England and History, that the common people never = ratified the constitutions of any of the states, much less = the=20 United States; people still believe that they created the=20 constitutions and are, therefore, the so-called Sovereigns. = This=20 sovereign status is claimed to be that the people can tell=20 government what and when to do anything through their = perceived=20 notion that they have representatives and these so-called=20 representatives are their servants. This is a myth that has = been=20 told people down through the centuries. This big lie is = passed from=20 generation to generation so much so that people of all walks = of life=20 now take it as gospel truth. This myth is what has caused = much=20 dissention among the vast majority of people and even to = cause=20 infighting amongst people called "patriots",  "militia" = and=20 others of like mind.=20

    This War Powers book is just another = support=20 for my research and others such as Mr. Montgomery. I will = lead into=20 this myth by quoting this great authority on War Powers and = what he=20 had to say back in 1864. This will be very short and as I = read=20 through the book I will add to his work to further show the = Fallacy=20 and Myth. It will be unbelievable to many, who still believe = the Big=20 Lie, that they are sovereign and somehow have control of = this=20 supposed government they alleged they created and can = dispense with=20 it when it becomes oppressive as it has today. I hope you = are ready=20 because what follows are not my words but those of the = author=20 Whiting and concurrence of all government branches. You also = have to=20 remember that we have been in a state of war with these = people=20 called Congress and the other two branches of so called = government.=20

    The United States is a belligerent = government=20 under international law of nations and the people therein. = Yes you,=20 dear reader, are the enemy subject and have never, ever, = been a=20 sovereign, and neither have your relatives dating back to = 1787,=20 UNLESS your relatives were one of the aristocracy having = land and=20 money and possibly a grant from the Crown.=20

    Before I get into the book, and to = give you=20 what we call modern day research---Dr. Eugene Schroder did = excellent=20 research on this at the time I was also researching this = material. I=20 decided that since Mr. Schroder was doing this it would be = redundant=20 to do the same research, so I proceeded back to Lincoln to = research=20 the war powers back then. I had asked about 10 good = researchers if=20 they knew of the War Powers Acts, specifically 12 Stat 319 = and none=20 had researched it in order to give me any answers. But, I = have to=20 start with 48 Stat 1 which Roosevelt shoved through in = Executive=20 Order 2039, without Congress, on the 4th and 5th of March = 1933. Then=20 on March 9, 1933, Roosevelt convened Congress and basically = told=20 them what he did and that they had to sign off on it as he = declared=20 a national emergency. This National Emergency made the = United States=20 citizens enemies by adding them to the 1917 Trading with the = Enemies=20 Act by changing 5(b) of that Act to include Americans, which = it=20 never did before, which is you today.=20

    The original draft was by the Federal = Reserve=20 System, NOT Congress, and can be found in President Hoover's = Papers=20 that can be obtained from any Federal Depository. On March = 3, 1933,=20 President Hoover said it was unconstitutional and refused to = implement what the Federal Reserve Board drafted. = Immediately after=20 taking office on March 4, 1933, the first thing Roosevelt = did after=20 implementing what Hoover refused, was to close the banks so = they=20 could be issued licenses by the President to deal with the = enemy,=20 who was defined now to be all people in the country. = Immediately=20 after that, each State set up its own Emergency War Powers = regime to=20 coincide with the United States.=20

    After thorough research in North = Carolina by a=20 team of 5 people, we came up with documentation between the = United=20 States, and not only North Carolina, but other States. It = was to=20 slowly induce people into obtaining licenses as now the = people,=20 being declared public enemies, had to have licenses. The=20 documentation showed how all people that were not required = to have a=20 license to drive were now required to have a license merely = to=20 travel as a right because they were the enemies. My mother = and=20 father, both deceased, told me that they never had to get a = license=20 until 1936. This documentation also showed how speed laws = were set;=20 how federal labor laws and unemployment compensation was = legislated=20 into the States; and the most important of all the social = security;=20 touted as insurance, it was in actuality a means of = licensing the=20 "enemy" to track their commerce under the Trading Acts with = the=20 newly revised 1917 Trading with the enemy act.=20

    This enemy surveillance is very = evident today=20 by the use of what should be termed the Social Slave number = but is=20 called Social Security. It was instituted by the President, = NOT=20 Congress as most people believe. Oh sure, Congress passed=20 legislation so it appears they instituted it, but under the = war=20 powers only the President institutes anything of importance = and=20 Congress under the constitutional war powers takes a second = seat.=20 They, in effect, become the puppets of the Executive branch. = While=20 under the war powers, all branches that should come under = the=20 Legislative branch and even the judiciary are controlled by = the=20 executive department through the Commander-in-Chief.=20

    Since 1933, and before then, we have = always=20 been under Executive Emergency Orders despite in 1974 all = was=20 repealed EXCEPT for section 5(b) of the Trading With the = Enemy Act=20 of 1917. You can find it alive and well in Title 12 USC 95=20 (a)&(b). You can also find the other emergency war = powers acts=20 still existing from 1862 which have NEVER been repealed. = They have=20 their genesis from 12 Stat 319, and are 50 USC 212, 213, and = 215 and=20 28 USC 2461 to 2465 as statutes passed as a direct and = immediate=20 result of declared emergencies. You will see how this is = done as you=20 read through this memorandum of mine.=20

    This is totally under military powers = of the=20 Commander in Chief, The President. This military Rule allows = the=20 civil government to operate as it has, only it all comes = under=20 administrative directives of the Commander In Chief. This = explains=20 the reason all courts fly the Executives Commander In Chief = gold=20 fringe flag and Federal courts have stationary using the = United=20 States Executive Seal. Now that you know that, you have been = under=20 executive Rule before and since 1933. I will now go back to = the=20 first President to institute the Emergency War Powers Act to = make=20 the people the enemy of the State. Roosevelt just made you = the enemy=20 of the banking cartel to protect them. That is why the = private=20 banking system Board can do what they want with impunity. = They even=20 wrote in the law that the signature card you sign when = opening a=20 bank account, unbeknownst to you, states in the 35 to 38 = page=20 contract they are to give to you, but don't, that you assume = the=20 debt of the United States. This is unconscionable under the=20 commercial law that you were never informed. This is your = promise,=20 assumpsit in legal terms, which obligates and binds you to = pay the=20 debt of the United States by becoming the surety. Remember = all Banks=20 controlled by the Federal Reserve System are agents of the = United=20 States Treasury.=20

    How many people would enter a contract = like=20 that, knowing they are responsible for the national debt? = Since the=20 Federal Reserve is a private corporation and was made the = fiscal=20 agent of the Treasury to collect and disburse money, or = chose in=20 action called federal reserve notes, is the reason the 1040 = IRS Form=20 is a return; a return of a use portion of the debt that is=20 circulated around by the enemy, AKA the people of America. = This is a=20 very insidious scheme that people have no idea exists. In = fact I=20 have found and written on the fact that in Title 31 it = states that=20 banks can collect taxes on the 1040 form that is presented = to them.=20 I have posted this research on www.atgpress.com/.=20

    The first President to use the = Emergency=20 powers was Washington. He used it to institute the first = private=20 bank of the United States, which, was against all principles = of the=20 constitution, EXCEPT, when instituted under constitutional = war power=20 it became constitutional. Then in order to control the banks = in each=20 of the separate states, which Congress could not do under = the=20 Constitution in time of peace, he made districts out of each = of the=20 states. So now you had states and district states and that = is how=20 the district courts of each state were formed so the United = States=20 could now have control where it dared not tread before. Once = emergency had been declared then all done under this act is=20 constitutional. Contrary to what people believe this act DID = NOT set=20 the Constitution aside. It only operated in a different way = under=20 emergency powers.=20

    Now with all this in mind that the = Commander=20 in Chief can operate within the Constitution when military = rule=20 under the Emergency Powers Act is invoked; we move to = Lincolns time=20 and his Solicitor General of the War Department who wrote = the book=20 to show how common people have always been considered as = nothing but=20 mere chattel property of a group of aristocracy that was = called=20 Congress. From the beginning, this is the foundation that = has caused=20 people to slowly lose what rights they THOUGHT they had, but = the=20 plan was to get where we are today without a major rebellion = by the=20 people.=20

    This almost took place in 1861 with = the=20 Southern States wanting to secede from the Union, and caused = Lincoln=20 to invoke the Emergency Powers Act in Order that he could = control=20 the Government without Congress. He did this under the = guiding of=20 the works of Whiting. Once he invoked it Congress could do = nothing=20 to stop it and the Courts, under this Act cannot stop it at = all as=20 you will see why in End Note 17.=20

    My comments, are placed in = [brackets]=20 so you know they are not from the Book. All other comments = and=20 information are end noted so as to keep the flow of = the book=20 in order. Every jot and tittle is duplicated as in the Book. = So with=20 that in mind let us move to the Book.=20

WAR POWERS
Chapter=20 I--THE CONSTITUTIONAL RIGHT OF THE GOVERNMENT TO APPROPRIATE = PRIVATE=20 PROPERTY TO PUBLIC USE, EITHER IN TIME OF PEACE OR IN TIME = OF=20 WAR.=20

    There is no restriction as to the kind = or=20 character of private property which may be lawfully thus=20 appropriated, whether it be real estate, personal estate, = right in=20 action or in possession, obligations for money, or for = labor and=20 service. Thus the obligations of minor children to their = parents, of apprentices to their masters, and of persons = owing labor=20 and service to their masters, may lawfully be appropriated = to public=20 use, or discharged and destroyed for public benefit, by = Congress,=20 with the proviso that just compensation shall be allowed to = the=20 parent or master.
See END Note #1 =
   =20 The right to use the services of the minor, the apprentice, = and the=20 slave, for public benefit, belongs to the United States. The = claims=20 of all American citizens upon their services, whether by = local law,=20 orby common law, or by indentures, can be annulled by the = same=20 power, for the same reasons, and under the same restrictions = that=20 govern the appropriations of any other private property to = public=20 use.See END Note #2=20

THE UNITED STATES MAY REQUIRE ALL SUBJECTS TO DO = MILITARY=20 DUTY.
Slaves, as well as apprentices and minors, are = equally=20 subjects of the United States, whether they are or = are not=20 citizens thereof. The government of the United States = has the=20 right to call upon its subjects to do military duty.=20
See END Note #3
    "The = general=20 government of the United States has, in time of peace, a = legal=20 right, under the Constitution, to appropriate to public use = the=20 private property of any subject, or of any number of = subjects, owing=20 it allegiance.
Each of the States claims and = exercises a=20 similar right over the property of its citizens.
See = END Note=20 #4
    "The only question is, whether = this=20 power is not exclusive, see Chirac v Chirac, 2 Wheat. 269; = U.S. v=20 Villato, 2 Dall. 372; Thirlow v Mass., 5 How. 585; Smith v = Turner, 7=20 ib, 556; Golden v Prince,3 W.C.C. Reports, 314=20
    Congress may thus give the privileges = of=20 citizenship to any persons whatsoever, black or white. = Colored men,=20 having been citizens in some of the States = ever since=20 they were founded, having acted as citizens prior to 1788 in = various=20 civil and military capacities, are therefore citizens of the = United=20 States, see case of Dred Scott; which no part denies that if = colored=20 men were citizens of either of the states which adopted the=20 Constitution, they were citizens of the United States. ... = If white=20 subjects or citizens, owe labor or service, even by formal=20 indentures, such obligations afford no valid excuse against = the=20 requisition of government to have them drafted into the = militia to=20 serve the country."
See END Note #5=20
INDEMNITY IS REQUIRED
   =20    "But, when individuals are called upon to = give up=20 what is their own for the advantage of the community, = justice=20 requires that they should be fairly compensated for it; . . = .=20 (Amendments, Art. V, last clause,) "Nor shall private = property be=20 taken for public use without just compensation."
The = language of this amendment admits the right of the = United=20 States to take private property for public use. This = amendment,=20 being now a part of the Constitution, leaves that right no = longer=20 open to question, if it ever was in questioned.=20
"PUBLIC USE"
    What is = "public=20 use" for which private property may be taken?
Every=20 appropriation for the benefit of the United States, = either=20 for a national public improvement, or to carry into effect = and valid=20 law of Congress for the maintenance, protection, or security = of=20 national interests, is "public use."
See END = Note=20 #6=20
REFERENCES AS TO THE CONSTITUTION, SHOWING THE =
WAR=20 POWERS OF CONGRESS
    The powers of = the=20 Legislative department in relation to war are = contained=20 chiefly in the following sections in the constitution:--=20
        Art. I., = Sect.8,=20 Cl.11. Congress may institute war by declaring = it=20 against an enemy. The President alone cannot do so. Also = Congress=20 may make laws concerning captures on land, as well as = on=20 water.
        = Art. I.,=20 Sect.8, Cl 12. Congress may raise and support = armies: and=20 provide and maintain a navy.=20
        Art. I., = Sect.8,=20 Cl.14. Congress may make laws for the government of = land and=20 naval forces.
        = Art.=20 I., Sect. 8. Cl. 15. Congress may provide for calling = forth=20 the militia to execute the laws of the Union, suppress = insurrection,=20 and repel invasion. =
       =20 Art. I., Sect.8, Cl. 16. And may provide for organizing, = arming, and=20 disciplining the militia, and for governing such part = of them=20 as may be employed in the service of the United States. =
The=20 preamble to the Constitution declares the objects for which = it was=20 formed to be these: "to form a more perfect Union; establish = justice; insure domestic tranquillity; provide for = the=20 common defense; promote the general welfare, and to = secure=20 the blessings of liberty to ourselves and our posterity." =
See=20 END Note #7=20
RULES OF INTERPRETATION
   =20    "Congress may pass such laws in peace or = in war as=20 they are within the general powers conferred on it, unless = they fall=20 within some express prohibition of the Constitution. If = confiscation=20 or emancipation laws are enacted under the war powers of = Congress,=20 we must determine, in order to test their validity, whether, = in=20 suppressing a rebellion of colossal proportions, the United = States=20 are, within the meaning of the Constitution, at war = with its=20 own citizens? Whether confiscation and emancipation are = sanctioned=20 as belligerent rights by law and usage of civilized nations? = And=20 whether our government has full belligerent rights against = its=20 rebellious subjects."=20
ARE THE UNITED STATES AT = WAR?
   =20    "War may originate in either of several = ways.=20 Civil war, within the meaning of the Constitution, exists = whenever=20 any combination of citizens is formed to resist generally = the=20 execution of any one or all the laws of the United States, = if=20 accompanied with overt acts to give that resistance effect." =
See END Note #8
    "Hence it = follows,=20 that government, while engaging in suppressing a rebellion, = is not=20 deprived of the rights of a belligerent against = rebels=20 by reason of the fact that no formal declaration of war = has been=20 made against them, as though they were an alien enemy--. . = .. The=20 right of a country to treat its rebellious citizens both = as=20 belligerents and as subjects has long been recognized in = Europe,=20 and by the Supreme Court of the United States*  See = Geo.III.=20 Ch. 9 1777; Pickering Statutes, Vol. 31, page 312; = President's=20 Proclamation, April 16, 1861 and U.S. Statute at Large , = 1861,=20 App.P. 2. It has been decided, since this edition was in = type, that=20 citizens of the States in rebellion are considered as = public=20 enemies, and are not entitled to sue in courts of the United = States
See END Note #9=20
THE LAW OF NATIONS IS ABOVE THE = CONSTITUTION
Having=20 shown that the United States being actually engaged in civil = war=20 ---- in other words, having become a belligerent power, = without=20 formal declaration of war,--- it is important to ascertain = what some=20 of the rights of belligerents are, according to the = law of=20 nations. It will be observed that the law of nations is = above the=20 constitution of any government; and no people would be = justified by=20 its peculiar constitution in violating rights of other = nations. With=20 this caveat, it will be desirable to state some of the = rights of=20 belligerents.
Either belligerent may seize and = confiscate all=20 the property of the enemy, on land or on the sea, = including=20 real as well as personal estate.=20
[This is exactly what they did to the = woman as=20 expressed in end note #9 and hundreds = of
thousands of=20 people in this country every year]=20
CAPTURE BY TITLE
    Some = persons=20 have questioned whether title passes in this country by = capture or=20 confiscation, by reason of some of the limiting clauses of = the=20 constitution; and others have gone so far as to assert that = all the=20 proceedings under martial law, such as capturing the enemys=20 property, imprisonment of spies and traitors, and seizures = of=20 articles contraband of war [all drug related or other = avenues the=20 government of 1999 uses, whether guilty or not to seize such = property], and suspending the habeas corpus, are = in=20 violation of the Constitution, which declares that no man = shall be=20 deprived of life, liberty, or property without due process = of law,=20 Art. V; that private property shall not be taken for public = use=20 without just compensation, Art. V; that unreasonable = searches and=20 seizures shall not be made, Art IV; that freedom of speech = and of=20 the press shall not be abridged, Art. I; and that the right = of the=20 people to keep and bear arms shall not be infringed, Art. = II.=20
THESE PROVISIONS NOT APPLICABLE TO A STATE OF=20 WAR
    If these rules are applicable = to a=20 state of war, then capture of property is illegal, and does = not pass=20 a title; no defensive war can be carried on; . . .Not a gun = can be=20 fired constitutionally, because it might deprive a = rebel foe=20 of his life without due process of law ---firing a = gun not=20 being deemed due process of law.
    If = these=20 rules above cited have any application in time of war, the = United=20 States cannot protect each of the States from = invasion by=20 citizens of other States, nor against domestic violence;.=20
TRUE APPLICATION OF THESE CONSTITUTIONAL=20 GUARANTEES
    The clauses which have = been=20 cited from the amendments to the Constitution were intended = as=20 declarations of the rights of peaceful and loyal citizens, = and=20 safeguards in the administration of justice by the civil = tribunals;=20 but it was necessary, in order to give the government the = means of=20 defending itself against domestic and foreign enemies, to = maintain=20 its authority and dignity, and to enforce obedience to its = laws,=20 that it should have unlimited war powers. The right of war = and the=20 rights of peace cannot coexist. One must yield to the other. = Martial=20 law and civil law cannot operate at the same time and place = upon the=20 same subject matter. Hence the Constitution was framed with = full=20 recognition of that fact; it protects the citizen in peace = and war;=20 but his rights enjoyed under the Constitution are different = from=20 those to which he is entitled in time of war.
See END = Note=20 #10=20
WHETHER BELLIGERENTS SHOULD BE ALLOWED CIVIL RIGHTS = UNDER=20
THE CONSTITUTION DEPENDS UPON THE POLICY OF THE=20 GOVERNMENT
    None of these = rights,=20 guaranteed to peaceful citizens, by the Constitution belong = to them=20 after they have become belligerents against their own=20 government. They thereby forfeit all protection under = that=20 sacred charter which they have thus sought to overthrow and=20 destroy. [People, this was the ploy that the Roosevelt = and=20 Lincoln governments used to reign over the people of = America. The=20 South wanted to leave, not overthrow the government. The = United=20 States always talks with forked tongue and reversed the = roles, as=20 they declared the people the enemy, not the other way = around].=20 One party to a contract cannot break it and at the same time = hold=20 the other to perform to it. It is true that if the = government elects=20 to treat them as subjects and to hold them liable only to = penalties=20 for violating statutes, it must concede to all of them all = the legal=20 rights and privileges which other citizens would have when = under=20 similar accusations;.=20
THE CONSTITUTION ALLOWS=20 CONFISCATION
    Nothing in the = Constitution=20 interferes with the belligerent right of confiscation of = enemy=20 property. [Always remember people, that you are the enemy = declared by your wonderful supposed government that you, = claiming to=20 be Sovereigns, can abolish.] The right to confiscate is = derived=20 from a state of war. It is one of the rights of war. The = right of=20 confiscation belongs to the government as the necessary = consequence=20 of the power and duty of making war--OFFENSIVE or defensive. = (EMPHASIS mine)
    If authority were = needed to=20 support the right of confiscation, it may be found in 3 = Dallas, 227;=20 Vit.lib.iii., ch. 8, sect. 188; lib., ch. 9, sect. 161; = Smith v=20 Mansfield, Cranch, 306-7; Cooper v Telfair, 4 = Dallas;=20 Brown v. U.S., 8 Cranch 110, 228, 229. >From the = foregoing=20 authorities, it is evident that the government has a = right,=20 as a belligerent power, to capture or to confiscate any and = all the=20 personal property of the enemy; that there is nothing in the = Constitution which limits or controls the exercise of that = right;=20 and that capture in war, or confiscation by law, passes a = complete=20 title to the property taken; and that, if judicial=20 condemnation of enemy property be sought, in order to pass = title to=20 it by formal decree of courts, by mere seizure, and without = capture,=20 the confiscation must have been declared by act of Congress, = a mere=20 declaration of war not being ex vi termini sufficient = for=20 that purpose.
See END Note #11=20
MILITARY GOVERNMENT UNDER MARTIAL=20 LAW
    In addition to the right of=20 confiscating personal property of the enemy, a state = of war=20 also confers upon the government other not less important=20 belligerent rights, and among them, the right to seize and = hold=20 conquered territory by military force, and of instituting = and=20 maintaining military government over it, thereby suspending = in part,=20 or in whole, the ordinary civil administration. The exercise = of this=20 right has been sanctioned by the decision of the Supreme = Court of=20 the United States, in the case of California, Cross v = Harrison, 16=20 How 164-190. And it is founded upon well-established = doctrines of=20 the law of nations. No citizen, whether loyal or rebel, is = deprived=20 of any right guaranteed to him in the Constitution by reason = of his=20 subjection to martial law, because martial law, when = in=20 force, is constitutional law.=20
A SEVERE RULE OF BELLIGERENT = LAW
   =20    "Property of persons residing in the = enemys=20 country is deemed, in law, hostile, and subject to = condemnation=20 without any evidence as to the opinions or predilections of = the=20 owner. If he is the subject of a neutral, or a citizen of = one of the=20 belligerent States, and has expressed no disloyal sentiments = towards=20 his country, still his residence in the enemy's country = impresses=20 upon his property, engaged in commerce and found upon the = ocean, a=20 hostile character, and subjects it to condemnation. This = familiar=20 principle of law is sanctioned in the highest courts of = England and=20 of the United States, and has been decided to apply to cases = of=20 civil as well as of foreign war.=20
CIVIL RIGHT OF LOYAL CITIZENS IN LOYAL DISTRICTS ARE =
MODIFIED BY THE EXISTENCE OF = WAR
   =20 While war is raging, many of the rights held sacred by the=20 Constitution-- rights which cannot be violated by any acts = of=20 Congress-- may and must be suspended and held in abeyance.=20
See END Note #12=20
BELLIGERENT RIGHT TO CONFISCATE THE ENEMY'S REAL=20 ESTATE
    The belligerent = right of=20 the government to confiscate enemys real estate, situated = in this=20 country, can hardly admit of a question. The title to no = inconsiderable part of the real estate in each of the = original=20 States of the Union, rests upon the validity of the = confiscation=20 acts, passed by our ancestors against loyal adherents to the = crown.=20 Probably none of these States failed to pass and apply these = laws.=20 English and American acts of confiscation were recognized by = the=20 laws of both countries, and their operation modified by = treaties;=20 their validity was never denied. The only = authority=20 which either of the States or colonies ever had for passing = such=20 laws was derived from the fact that they were the=20 belligerents.=20
THE PRESIDENT IS THE SOLE = JUDGE
   =20    "It belongs exclusively to the President = to judge=20 when the exigency arises in which he has the authority, = under the=20 constitution, to call forth the militia and his decision is=20 exclusive on all other person.
*Such is the language of = Chief=20 Justice Taney, in delivering the opinion of the Supreme = Court, in=20 Martin v Mott, 12 Wheaton, 19=20

[Jumping to Chapter five and reading what the true = meaning of=20 the constitution is, will be shocking to those that think = what they=20 read is what they read, and cannot infer any other meaning. = No so=20 because the Constitution is couched in technical meaning, = NOT common=20 sense meaning. This was shown when I quoted Article I = Section 8=20 clauses.]=20

TECHNICAL LANGUAGE TO BE CONSTRUED=20 TECHNICALLY.
    The language of the=20 Constitution is peculiar; it is technical; and it shows on = the face=20 of it an intention to limit the technical operation of = attainders,=20 not to limit the scope or extent of legislative penalties. = If the=20 authors of the Constitution meant to say that Congress = should pass=20 no law punishing treason by attainder, or by its = consequences, viz.,=20 forfeiture of estate, or corruption of blood, they would, in = plain=20 terms, have said so; and there would have been an end to the = penalties of attainder, as there was an end to bills of = attainder.=20 Instead of saying, "Congress shall have the power to declare = the=20 punishment of treason, but shall not impose the penalties of = attainder upon the offender,"  they said, "Congress = shall have=20 the power to declare the punishment of treason, but no = attainder of=20 treason shall work corruption of blood, or forfeiture, = except during=20 the life of the person attainted."
    = This=20 phraseology has reference only to technical effect of = attainder. The=20 Aworking of forfeitures" is a phrase used by lawyers to show = the=20 legal result or effect which arises from a certain state of = facts.=20
    Note. Since the publication of the = seventh=20 edition, it has been decided by Underwood, J., in the = Eastern=20 District Court of the U.S. for Virginia, in the case of = U.S. v=20 Latham, first, that the Confiscation Act above cited is=20 authorized by the Constitution; second, that by the = terms of=20 that Act (dated July 17th, 1862, ch. 195), as modified by = the joint=20 resolution of July 27th, 1862 (No. 63), the punishment of = treason is=20 not limited to forfeiture of the life estate of the = offender, and is=20 not required to be so limited by the Constitution; but the=20 forfeiture extends to the entire estate in fee simple. =
See=20 END Note #13=20
THE CONFISCATION ACTS OF 1862 IS NOT A BILL OF = ATTAINDER,=20
NOR AN EX POST FACTO LAW
    This = act is=20 not a bill of attainder, because it does not punish = the=20 offender in any instance with corruption of blood, and it = does not=20 declare him, by act of the legislature, guilty of = treason,=20 inasmuch as the offenders guilt must be duly proved and = established=20 by judicial proceedings before he can be sentenced. It is = not ex=20 post facto law, as it declares no act committed prior to = the=20 time when the law goes into operation to be a crime, or to = be=20 punishable as such. It provides for no attainder of = treason,=20 and therefore none of the penal consequences which might = have=20 otherwise have followed them from such attainder.=20
ACT OF 1862, SECTION VI, DOES NOT PURPORT TO PUNISH = BY=20 TREASON
    If the death penalty is = not=20 inflicted on the guilty, and if he be not accused of = treason, no=20 question as to the validity of the statute could arise under = this=20 clause of the constitution limiting the effect of attainders = for=20 treason. No objection could be urged against its validity on = the=20 ground of its forfeiting of confiscating all the property of = the=20 offender, or of its depriving him of liberty by = imprisonment, or of=20 it exiling him from this country. . . .But the crime = punished by=20 section 6 is not the crime of treason; and whether = there be=20 or be not a limitation to the power of the legislature to = punish=20 that crime, there is no limit to its power to punish the = crime=20 described in this section,*. See Note, page 111 United = States v=20 Latham.
    Though treason is the highest = political crime known to the codes of law, yet wide = spread=20 and savage rebellion is still a higher crime against = society; . ..=20
See END Note #14=20
STATE RIGHTS AND SECESSION DOCTRINES IN THE JURY=20 ROOM
    The jury are by law judges = of the=20 law and the fact, according to the opinion of many eminent = lawyers=20 and judges. Whether this be so or not, their verdict, being = upon the=20 law and the fact, in a criminal case, they become in effect = judges=20 of law and fact. Suppose that a judge presiding at the trial = is=20 honest and loyal, and that the jury is composed of men who = believe=20 that loyalty to the State is paramount to loyalty to the = United=20 States; or that the States had, and have, a lawful right to = secede=20 from the Union. [Did not the Declaration of Independence = give=20 that lawful right? Think again.] Whatever of the = opinions of the=20 judge presiding in the United States courts might be on = these=20 questions, he would have no power to root out from the jury = their=20 honest belief, that obedience to their own laws of their own = seceding State is not, and cannot be, treason. [Now you = are going=20 to see how they have destroyed the jury to gain a conviction = in 99=20 percent of the cases, say IRS cases, so that the courts = control the=20 outcome under the doctrine of the Military Rules of = War,=20 and the jury be damned.] The first step = towards=20 securing a verdict would be to destroy the belief of the = jury in=20 these doctrines [sounds like jury tampering] of State = rights,=20 paramount State sovereignty, and the right of secession. To = decide=20 the issue, according to the conscientious judgement of the = jurymen=20 upon the facts and the law, would require them to find a = verdict=20 against the United States=20
SYMPATHY
    But this is not = the only=20 difficulty in the operation of this statute. The grand jury = and the=20 petit jury are to be drawn from those who are neighbors and = possibly=20 friends of the traitor. [remember, a traitor is a = "political"=20 enemy as defined by the Solicitor himself and you are a = "political=20 enemy" today] The accused has the further advantage of = knowing,=20 before the time of trial, the names of all the jurors, and = of all=20 the witnesses to be produced against him; he has the benefit = of=20 counsel, and the process of the United States to compel the=20 attendance of witnesses in his behalf.* Statute of April 30, = 1790,=20 Sec.29. How improbable is it that any jury of twelve men = will be=20 found to take away the lives or estates of their associates, = when=20 some of the jurymen themselves, or their friends and = relatives or=20 debtors, are involved in the same offense!=20

[This is why the government stacks the jury. Now we = are going=20 to get to the meat of jurisdiction in IRS cases. I have = stated all=20 along and written about it extensively that all = revenue is=20 under admiralty, but very few will listen. Well read the = next=20 statement of the Solicitor.]=20

LAWS ARE MOST EFFECTIVE WHICH REQUIRE NO REBEL =
TO=20 ADMINISTER THEM
    Those sections of = the act=20 of 1862, empowering government to seize rebel property, = real,=20 personal, and mixed, and apply it to the use of the army, = [today=20 it is the local police using seized property] to secure = the=20 condemnation and sale of seized property, so as to make it=20 available, and to authorize proceedings in rem, = conformably=20 to proceedings in admiralty or revenue cases, are of a = different and=20 far more effective character.
See END Note #15=20

    Some persons have turned their = attention to=20 certain passages in the amendments relating, as was = supposed, to=20 this subject. Let us examine them:=20

Article IV.  "The right of the people to be secure = in their=20 persons, houses, papers, and effects against = unreasonable=20 searches and seizures shall not be violated".=20

    This amendment merely declares that = the right=20 of being secure against UNREASONABLE seizures or arrests = shall not=20 be violated. It does not declare that NO ARRESTS shall be = made. Will=20 any one deny that it is reasonable to arrest or = capture the=20 person of the public enemy?
    If all = arrests,=20 reasonable or unreasonable, were prohibited, public safety = would be=20 disregarded in favor of the rights of individuals. [So = much for=20 people who believe the rights of the individual supersede = the public=20 AKA Government rights. Now I ask you, Are you = Sovereign?]=20
    Not only may military, but even = civil,=20 arrests be made when reasonable. Emphasis the Solicitors.=20

    [48 Statutes at Large 1, very = specifically=20 declared the people of America public enemies, whether of = the=20 banking cartel or otherwise, it was already done by Lincoln. = Now to=20 prove public enemies have no rights that are protected by = the=20 infamous Bill of Rights is this passage in the Book.]=20

OBJECTION THAT ARRESTS ARE MADE WITHOUT=20 INDICTMENT
    The Fifth article of = the=20 amendments to the Constitution provides that-- [I let the = reader=20 obtain a copy as it is quoted here in the Book]=20
    This article has no reference to the = rights=20 of citizens under the exigencies of war, but relates only to = their=20 rights in time of peace.=20
OFFICERS MAKING ARRESTS = NOT LIABLE=20 TO CIVIL SUIT OR CRIMINAL=20 PROSECUTION
    That military = arrests=20 are deemed necessary for public [definition for "public" = means=20 government only] safety by Congress is shown by the act = of March=20 3, 1863, ch.81, wherein it is provided that no person = arrested by=20 authority of the President of the United States shall be = discharged=20 from imprisonment so long as the war lasts, and the = President shall=20 see fit to suspend the privilege of the writ of habeas=20 corpus.=20
MILITARY ARRESTS LAWFUL
    = The laws=20 of war, military and martial, written and unwritten, founded = on the=20 necessities of government, are sanctioned by the = Constitution and=20 laws, and recognized as valid by the Supreme Court of the = United=20 States.
    Arrests made under the laws = of war=20 are neither arbitrary nor without legal justification. =
In=20 Cross v Harrison, Judge Wayne, delivering the = opinion, (16=20 Howard, 189, 190,) says:
Early in 1847 the President, as = constitutional commander -in-chief of the army and navy, = authorized=20 the military and navel commanders of our forces in = California to=20 exercise the belligerent rights of a conqueror, and to form = a civil=20 government for the conquered country, and to impose duties = on=20 imports and tonnage as military contributions for the = support of=20 government and of the army which had the conquest in = possession. No=20 one can doubt that these orders of the President and the = action of=20 our army and navy commanders in California, in conformity = with them,=20 were according to the law of arms &c.=20

    So in Fleming v Page, (9 = Howard, 615,)=20 Chief Justice Taney says:
"The person who acted in the = character=20 of collector in this instance, acted as such under the = authority of=20 the military commander and in obedience to his orders; and = the=20 regulations he adopted were not those prescribed by law, but = by the=20 President in his character as commander-in-chief."=20

    It is established by these opinions = that=20 military orders, in accordance with martial law or the laws = of war,=20 though they may be contrary to municipal laws; and the use = of the=20 usual means of enforcing such orders by military power, = including=20 capture, arrest, imprisonment, or the destruction of life = and=20 property, [such as those in the Waco incident and others=20 throughout the country] are authorized and sustained = upon the=20 firm basis of martial law, which is, in time of war, [and = national emergency that we have been living under all our = lives]=20 constitutional law.=20

END OF PART ONE OF WHITINGS WAR = POWERS
End Note=20 #1
    Now people, are you still = sovereign?=20 Did common people write such a Constitution that would = destroy the=20 children so they could be taken by Congress without your = consent? I=20 think not.
End Note #2
    And = you=20 think that the people who fought for freedom would have = written and=20 ratified such a power to a group of mere men, Congress, by = way of=20 this Constitution that you so dearly love? Are you stating = to=20 realize something is amiss?
End Note #3=20
    Now if you are Sovereign why do they = call all=20 subjects?
    They italicized the words, = not I.=20 Without a shadow of a doubt you are slaves to Congress. Do = you have=20 to wonder anymore why the state can take your children and = you are=20 powerless to do anything about it? And the common people = wrote and=20 believe in a Constitution that would allow a group of men = called=20 Congress to have so much power when they just fought for = freedom? I=20 dont think so, and in fact it has been proven in every = original=20 constitution that no common man had a say in drafting any=20 Constitution. The proof can be found in every State archive = Building=20 by obtaining the original writings.
    = Was not=20 Patrick Henry correct when he stated in the June 7th 1788 = Convention=20 that the Constitution, "Among other deformities, it has an = awful=20 squinting: it squints toward monarchy. And does not raise=20 indignation in the breast of every American? Your President = may=20 easily become King. . . The army will salute him Monarch: = your=20 militia will leave you and assist in making him King and = fight=20 against you. And what have you to oppose this force? What = will then=20 become of you and your rights? Will not absolute despotism = ensue?"=20
    And what of James Wilson when he = voiced,=20 "Henry looked upon "that paper" as the most fatal plan that = could=20 possible be conceived to enslave a free people." Ok, so what = does=20 commit you to the wrath of Congress?  It is stated in = the Book=20 in big italic letters, which you all should look in a = grammar=20 dictionary to see what italics mean.
End Note #4=20
    As stated, the people are "SUBJECTS" = of the=20 Government just like the "subjects" of English Rule and the = words in=20 italics that control you as subjects are allegiance. = Allegiance=20 can be found in many ways. People are pledging the = Pledge of=20 Allegiance; claiming to be a citizen of either a State or of = the=20 United States; registering to vote; claiming to be a = "resident" in=20 the state of the forum; signing a signature card at the bank = that=20 obligates you to accept the debt of Congress so you are = bound by=20 contract to pay, thereby becoming a "subject".; claiming = that the=20 Constitution is yours; claiming the Constitution was = designed by=20 people like you and that is the law that you must abide by. = All are=20 presumed to be allegiance. Now did this apply to all, even = colored=20 people? Why yes, and this Book proves that the Constitution = CREATED=20 slavery, and that it took away the rights of citizenship of = the=20 colored people. Now, those people that argue that the 14th = Amendment=20 made the colored people free might be correct, but it also = made the=20 white people slaves when relying on the 14th Amendment, even = though=20 they became slaves to the establishment when declared enemys = of the=20 "State". Therefore, the blacks just traded masters as the=20 belligerent power, the Congress, controlled them as enemy = property=20 as no money was paid to the original slave holders (just=20 compensation) according to the constitution in time of = peace. After=20 all it was Congress that took the blacks in 1787 and by = recognizing=20 them as property of the slave holder actually instituted = slavery of=20 all blacks that once were "citizens" having all the rights = and=20 privileges they had before the Constitution was enacted by = those in=20 power.
    The Book shows the = misinformation used=20 by people claiming that only white people were citizens. It = also=20 shows that the word citizen was used well before the 14th = Amendment,=20 as seen in the quotes below.
End Note #5=20
    Hence the President and Congress via = the=20 Constitution took away the rights of the colored people by = declaring=20 them property. The Constitution, that you people reading = this;=20 believe that you are sovereign; believe that common people = drafted=20 and ratified the Constitution; believe that you own your = property;=20 believe that you are not subjects of a group of men called = Congress,=20 or that of legislators of the states; believe the Bill of = Rights=20 protects you; believe the Constitution is the supreme law of = the=20 land. Well let me tell you that your beliefs are 100 percent = wrong.=20 What if I told you that this Book states that treaties and=20 International law of Nations are supreme over even the = Constitution=20 drafted by the aristocracy of this country and that even the = states=20 succumb to these treaties and International Law?=20
    This Book proves it. This Book had an = advisory board of eight professors and eminent lawyers = carrying=20 L.L.D.; J.S.D.; S.J.D.; J.D., M.A.L.S.; F.R.B and Ph.D. to=20 authenticate its contents that was written by the Solicitor = General=20 of the War Department of the United States. The Constitution = that=20 you claim you love so much, took away natural rights of man = via the=20 war power and congressional right in time of peace. =
End Note=20 #6
    I end Chapter one of the Book = on this=20 note. The above are only parts gleaned from Chapter one of = this 342=20 page book. Chapter one is only 31 pages. The word "Public" = means=20 government only and not the mass of people. It is limited to = Congress or State Legislators. You common people have no=20 representation whatsoever. All Congress people do is = represent the=20 United States corporation claiming they represent you in the = district state that Washington created under the War Powers = clause=20 in 1791. In this chapter it explains the specific parts that = are war=20 powers clauses and they are; Article I, Section 8, Clauses = 11, 12,=20 14, 15, and 16. The Book also states that, "The preamble to = the=20 Constitution declares the objects for which it was framed to = be=20 these"-- then it is quoted. I now quote from another = authority.=20 Third edition of Cases in Constitutional Law, by Cushman = &=20 Cushman. In here they quote the Supreme Court in U.S. v. = Curtiss=20 Wright Export Corporation, 299 US 304, 1936. "As a result of = the=20 separation from Great Britain by the colonies, acting as a = unit, the=20 powers of EXTERNAL sovereignty passed from the Crown not to = the=20 colonies severally, but to the colonies in their collective=20 CORPORATE capacity as the United States of America."  I = purposely emphasized the words because the Crown was still = the=20 sovereign INTERNALLY because of his corporate colonies = mineral=20 rights that he still controlled. This is found in Mr. = Montgomerys=20 works on www.atgpress.com. The fact that the United States = is a=20 corporation, see 28 USC 3002 (15), is why the United States = can=20 seize property of anyone whenever the need arises. The = evidence for=20 this is found in:
16 USC Sec. 831x
TITLE 16 =
CHAPTER 12A=20
Sec. 831x. Condemnation proceedings; institution by=20 Corporation; venue =
-STATUTE-
    "The=20 Corporation may cause proceedings to be instituted for the=20 acquisition by condemnation of any lands, easements, or=20 rights-of-way which, in the opinion of the Corporation, are=20 necessary to carry out the provisions of this chapter. The=20 proceedings shall be instituted in the United States = district court=20 for the district in which the land, easement, right-of-way, = or other=20 interest, or any part thereof, is located, and such court = shall have=20 full jurisdiction to divest the complete title to the = property=20 sought to be acquired out of all persons or claimants and = vest the=20 same in the United States in fee simple, and to enter a = decree=20 quieting the title thereto in the United States of = America."=20

    The corporation spoken of is the = United States=20 or any of its created corporations that take land under = eminent=20 domain, such as the States or any corporation they form in = which=20 they own 51 percent or more of that corporation.
End = Note=20 #7
    So in time of war, which a = national=20 emergency falls under, even though no shooting or invasion = has=20 occurred, then all the Constitution that you so dearly love = and=20 would die for, is the very same document that allows all the = presidents since Washington to; declare the first emergency = powers=20 act to institute the first Bank of the United States in = direct=20 contradiction to the Constitution in time of peace; Lincoln = who made=20 the people the enemy of the United States and its Union = Members, the=20 States; Roosevelt declaring the national emergency in 1933 = under the=20 war powers act and the trading with the enemy act; to the = present=20 President Clinton to control you as citizen/subjects/ slaves = with=20 the system designed and drafted by the landed aristocracy in = treaty=20 with the Crown. That is why the Solicitor, Whiting, stated = that=20 International Law of Nations and Treaty rein supreme and not = the=20 Constitution when emergency powers are invoked. This I = exposed by=20 court cases in my book The New History of = America. The=20 Big Lie is now even more evident and I have just scratched = the=20 surface of the first chapter of eight, in this book of = War=20 Powers, by Whiting.=20

    In the second chapter we find the = Congress has=20 the power under the war power clauses to write statutes in = aid of=20 the President "in the final and permanent conquest of a = public=20 enemy."  I cannot impress upon the reader the words = conquest=20 and public enemy and I implore you to study these words on = your own=20 in any library and to save you time, Mr. Montgomery has = posted much=20 of this documentation on the web site previously mentioned. = This=20 Book pertains to the time of the civil war but has far = reaching=20 consequences in the principals it spells out.
End = Note #8=20
    Right here is proof that if Congress = pass=20 laws that are repugnant to human rights, and there has been = a total=20 erosion of many, many freedoms of Americans, as you well = know, then=20 Whiting is stating that the people, who are perceived by = people=20 themselves to be Sovereigns, are without any such power to = correct=20 the law or laws repugnant to their rights. If the people = were truly=20 Sovereigns as they claim, no such section in the = constitution=20 created by the common man would exist. For if in doing so, = the=20 people would have declared that they elected another King or = dictator, and to thwart these rights the people claim as = sovereigns,=20 all the President or Congress has to do is invoke the = emergency=20 powers Act. Such was done in 1933 when people demanded their = money=20 from the banks that stole all their money. You know, the = ones that=20 you have signed the signature card agreeing to accept the = National=20 debt? This right to seek a return of money deposited in the = banks=20 for safe keeping was thwarted by Roosevelt to protect all = the banks,=20 which, included his friend Rockefeller who owned the Chicago = bank=20 and would lose all his holdings if forced to return the = people=92s=20 money that was rightfully theirs. This was called = suppression by=20 government because they were suppressing a rebellion of the = people=20 to claim what was rightfully theirs from a private banking = system=20 that was now under the supposed control of the United States = as it=20 acted as the agent for the United States when the United = States did=20 away with a truly Independent Treasury by the Act of 1920 in = the=20 year 1921, making the PRIVATE federal reserve system the = fiscal=20 agent of the United States.
End Note #9=20
    Although this Book deals with the = Civil War,=20 the principles laid out are for any emergency declared under = the War=20 Power clauses, not just the Civil war of 1860's, but = Roosevelts=20 invoking of that Act, which to this day still exists. So the = following must be read with this in mind when considering = that a=20 majority of people say there is no more constitution. There = is a=20 Constitution, as it is constitutional for what the = government does=20 to you today under war powers---like take your land as most = people=20 in confrontation with farm land or wet lands would agree; = confiscate=20 car, home and whatever under the war on Drugs with out due = process=20 of any law that would exist in time of peace; license and = number all=20 people to track the public enemies, that being you. It would = behoove=20 the reader to seek the definitions of belligerent in both = legal and=20 standard dictionaries. The United States, as belligerent, IS = the de=20 facto government although constitutional, when people read = the=20 definitions closely.
    I am at this = point,=20 inserting what came off the Internet of the hearings before=20 Congress, of just one evidence of the confiscation of = hundreds of=20 thousands every year, that, in time of peace and not under = war=20 powers, would have never taken place. When reading this keep = in mind=20 what you have already read and are about to read after this = actual=20 happening.=20

Introductory statement at the Judiciary Hearing, July = 22,=20 1996. Rayburn Building.=20

To: House of Representatives / Committee on the = Judiciary /=20 Civil Forfeiture Reform
    I = sincerely=20 appreciate this opportunity to speak to you in person about = my=20 mother's experience with the abuse of our national civil = forfeiture=20 law, a law which ignores due process, encourages abuse by = police and=20 prosecutors, confiscates property from innocent law abiding = citizens=20 and threatens our sacred honor with the tyranny of a police = state.=20 My mother is an 85 pound, 75 year old hardworking frugal = lady, who=20 chose to squirrel away any extra money she had rather than = buy=20 herself any of the things most people consider necessities. = Although=20 she has bought a few residential rental properties, she = still tears=20 Kleenex in half to stretch her money, and settles for eating = half=20 sandwiches rather than run up her grocery bill. She has = never taken=20 a vacation or missed a day's work in the business, but = neither has=20 she ever been to a shopping mall. She's always lived as = though the=20 next Great Depression would happen any day. By 70, she = managed to=20 save around $70,000 which she kept in her house because her=20 Depression experience taught her not to always trust = banks.=20
    In December of 1989, the U.S. = Government=20 came to my mother's home and took her savings from a floor = safe in=20 her basement. Three months later, they seized her home and = two=20 rental properties she owned (20 men). You need to know my = mother was=20 never charged with a crime, and the police acknowledged she = was=20 never part of my brother's marijuana ring conspiracy. Mom's = biggest=20 sin was allowing the adult son she loved to live next door = to her.=20 After my brother was indicted, he fled town. The government=20 suspected she PROBABLY had allowed him to use her property=20 illegally, and PROBABLY been given cash earned by him = illegally. As=20 you know, asset forfeiture laws only require probable cause = to seize=20 property. Once property has been seized it is the owner's = burden to=20 prove innocence to the government. When this happened to = Mom, I=20 thought "innocent until proven guilty" would apply in her = case and=20 she would immediately get her cash back. Trusting the = government, I=20 didn't even hire an attorney then for that matter. I soon = learned=20 later that under the Constitution a citizen isn't afforded = innocent=20 until proven guilty in civil forfeiture cases. She wasn't = considered=20 innocent and the government didn't have to prove anything. = The=20 $70,000 they took from mom was mostly old bills dated from = the 60's=20 and 70's and was covered with mold and mildew. The safe was = rusted=20 shut and had to be drilled open. Tragically, the FBI did not = keep=20 her cash in an evidence locker, but deposited her money into = a bank,=20 co-mingling it with other people's money and thus destroying = her=20 evidence and proof of innocence. =
    The=20 morning government agents banged on Mom's door telling her = they were=20 there to seize her home, it included the local police, = County=20 Sheriff's Dept., U.S. Marshall's Service, several FBI = agents, and=20 IRS agents (about 20 in all). All this force to take some = property=20 from one, innocent, unarmed, law abiding 70 year old, 85 = pound=20 woman. I immediately called our family attorney and he met = me at=20 Mom's house. It had previously been said to me by an agent, = "They=20 want to take everything your mother has a make her tell what = she=20 knows about your brother, and maybe it will make him come = back, too=20 !"
When I arrived at Mom's home she was in a = daze. One=20 agent had a camcorder going on her as she sat there in her = old=20 negligee at 8:00 AM. She said she asked the agents where she = was=20 suppose to live and was told, "I don't care where you go, = but you=20 have a half-hour to pack up and get out !" Thankfully, our = attorney=20 was able to reach an agreement that allowed Mom to "rent" = her own=20 house from the government until the case went to trial. The = horror=20 of the forfeiture squad invading her home still brings = regular=20 nightmares to mom 6 years later. I did everything in my = power to=20 convince the government agents that they were making a huge = mistake=20 and that mom was not a criminal. To them that didn't matter. = Since=20 they COULD seize her property, they did. An agent said to = me, "When=20 I first took this case to my boss, he said not even to mess = around=20 with it, that it was just another stupid marijuana case, = until I=20 showed him how many assets we could get!" I spent many, many = cooperative and truthful hours trying to convince them that = this was=20 insane, and finally realized it would cost me more going to = trial=20 than her properties were worth. I eventually made a = settlement with=20 them and Mom got to keep a little of what she worked her = whole life=20 for. They took most of it, including her dignity and love = for our=20 government.
    I am here for my = mother=20 and our Country. It is too late to help her case, and = besides, I had=20 the government sign a paper that they could never bother her = again.=20 I want to make sure they can never do this to another mother = with a=20 bad kid. I have been on this crusade since I saw a Readers = Digest=20 article in 1992, titled, Is It Police Work or Plunder, about = nationwide forfeiture abuse and Congressman Hyde's effort to = reform=20 this law. I bought a computer, joined an Online Internet = Service and=20 have been e mailing thousands of unaware citizens to educate = them=20 about this barbaric civil forfeiture law.=20
    Nobody thinks it is right when = they learn=20 how it is used, except prosecutors who do not want a proof = provision=20 in the law. One prosecutor told me, "Citizens don't need a = proof=20 provision, those in charge of a case are perfectly capable = of=20 determining who is guilty!" That statement, I was told by a=20 Constitutional law professor, is the definition of tyranny. = I love=20 the America I knew growing up in the 40's and 50's, but am = scared to=20 death of the police state this Country could become with = more and=20 more laws allowing forfeiture. IT HAS TO STOP. Our Founding = Fathers=20 put their lives on the line against tyranny and cavalier = attitudes.=20 In my opinion, no real or personal property should be = forfeited=20 except in criminal cases. Eliminate this ridiculous, insane, = corrupting law, or re-write it to include meaningful proof, = fairness=20 and compassion. It is ruining people's lives and is just = another=20 national disgrace. Thank you.
Note: Mom = eventually took=20 her own life over this matter.=20

End of testimony
    = Now=20 please read the rest of this Book more closely or go back = and=20 refresh your memory before reading further. This could very = well=20 happen to you. This man, speaking for his mother, has no = idea he is=20 talking to the proverbial foxes guarding the status quo to = see that=20 it is kept in tact and paying lip service to correct what = they know=20 cannot be corrected unless the President declares, #1 a = repeal of 12=20 Stat 319. #2 a repeal of 12 USC 95 (a) & (b). #3 A = repeal of=20 section 5 (b) of the Trading with the Enemy Act as written = in 48=20 Stat 1, AND, abolishing the District States the Washington = created=20 to gain control over the people of the States in 1791. =
End=20 Note #10
    Now one must remember, = that=20 present day law is in reality military law that allows the = civilian=20 authorities to apply the rules of war upon belligerents, the = domestic enemy, YOU. One must also remember that the United = States=20 has declared war upon its citizens by the act of 12 Stat 319 = and 48=20 Stat 1, which, to this day, has never been repealed by = Congress. The=20 fact that Title 12 USC 95 (a) & (b) has declared the = people of=20 America "public enemies" still exists, proves it is a = "domestic war"=20 upon which President Roosevelt acted at the behest of the = Federal=20 Reserve. We have become the belligerent enemy to the = belligerent=20 United States. Now mind you that we did not declare war = against the=20 United States but rather the United States declared an = imperfect war=20 upon the people of America. There is no public declaration = as if we=20 were a foreign power as Japan was in 1942. No, there is a = subtle=20 declaration in 48 Stat 1 and 12 Stat 319. People find this = hard to=20 believe until they read for themselves all these statutes = and United=20 States Codes and regulations I have quoted herein. The law = speaks=20 for itself quite clearly and after reading them it would be=20 impossible for anyone to deny this fact. Belligerents we = are, and=20 with that in mind I return to the Book.
End Note = #11=20
    This is exactly how and why the IRS = operates,=20 the BATF operates, the DEA operates and all those other = alphabet=20 agencies of government, even down to child services. And, = remember=20 the IRS is nothing but hired private collectors by the IRS = District=20 Director to collect for the private federal reserve system, = the debt=20 owed to the International Monetary Fund by the United = States, that=20 caused you to become the "enemies" in 1933 by 48 Stat 1, = which was=20 written by the Board of Directors of the Federal Reserve. = You also=20 must remember at the beginning of this quoted Book, it is = said by=20 Whiting, that minors can be taken in time of war from their=20 belligerent parent, or have you forgotten so soon?]=20
End Note #12
    The following = proves=20 that you never owned your property and if you did, it can = still be=20 taken, evidence the woman's plight in end note #9. So much = for the=20 argument that even the King may not enter your house = although the=20 cold, wind, rain , etc. etc. may. And so much for the = argument that=20 you are sovereign and the government takes a back seat to = your=20 wishes. Remember, reader that you have been declared the = "enemy" by=20 those officials of government, namely, Congress and the = presidents,=20 who you claim to be your servants. The confiscation acts = have not=20 been repealed and have been in force since 1787. Is it not = now=20 evident that the common man, wishing to be free, would have = set up=20 such a government if he were Sovereign?
End Note = #13=20
    How does the U.S. government or the = States=20 seemingly get around this attainder or ex post facto law = when;=20 seizing property of the farmer; people that they want the = land for=20 national parks; wet land violations that they dream up; = seizures of=20 all kinds of property under "drug war laws" whether innocent = or not=20 without due process? The reasons are found in War powers, = which are=20 constitutional. If you are not found guilty of treason the = validity=20 of any statute passed by Congress, or for that matter the = State=20 legislatures cannot be questioned, only if you are so = charged with=20 treason, and, therefore, what you thought was a protection = does not=20 become a protection under the constitutional operation of = military=20 rule by civil authorities under war powers acts. You will = understand=20 by what is stated by Whiting in returning to the body of the = Book=20
End Note #14
    So now you = know that=20 treason is ONLY a POLITICAL crime, how is it that we, the = people of=20 America, have become the enemies of the POLITICAL = establishment? The=20 answer is very simple after reading my book The New = History of=20 America. The political aristocracy who wrote the = Constitution=20 did not intend for the masses to take part and become = sovereigns as=20 you so think that you are. No, neither you nor your = ancestors ever=20 were a party to the contract called the Constitution of any = of the=20 colonies nor of the United States. I have quoted the case in = my=20 New History of America from which I quote only a = small part=20 here,
" to this: that the States, in making the = Constitution,=20 intended to give up the power of self preservation."=20
    Lastly, the Court at page 491, said = this of=20 the People who made the constitutions,=20

        "The people of = the=20 States who made the Constitution, considered themselves as = the=20 sovereign, and the Government as the subject. They were the=20 principal- it the agent. That this is also true none will = dispute."=20
       We all know it is = not us=20 people who made the Constitutions but the select few as = stated by=20 the Court at page 520, to wit;=20

        "But, indeed, = no=20 private person has a right to complain, by suit in court, on = the=20 ground of a breach of the Constitution. The Constitution, it = is=20 true, is a compact, but he is not a party to = it. The=20 States are the parties to it. And they may complain. If they = do they=20 are entitled to redress. Or they may waive the right to = complain."=20 END OF QUOTE.=20

    The only way to control the masses is = to=20 institute constitutional war powers to institute a = different, but=20 constitutional, set of parameters upon the people. Once the = war=20 powers are adopted they can change the statutes to fit the = ends they=20 want to achieve. They do it slowly so as to not give a clue = to the=20 masses. The war powers act of 1862 now allowed the President = and=20 Congress to constitutionally change the statutes that = guaranteed the=20 people, in juries, to rule on both the law and the facts. = Not only=20 were the statutes changed that took away to power to judge = the law=20 but it also took away the right to be judged by your peers. = The=20 meaning of peers will be very evident when reading the next = part of=20 Whiting's Book and shows why today you have no such = protections=20 because the enemy can have no such protections. Even to the = point=20 that the jury is not aware of the slow indoctrination over = the years=20 that they really do have the right to judge the law, but not = under=20 the Rule of Necessity in the Rules of military Rule. =
End Note=20 #15
    Since I have been talking = about these=20 acts of seizure and so has the Solicitor, I think it only = fair to=20 produce those codified statutes that were born by 12 Stat = 319 and=20 never repealed, showing that the war powers and military = rule still=20 exists. If the war against the people, by the government = were over,=20 these laws would have been repealed.
Notes on Title 50, = Section=20 212
SOURCE
(R.S. Sec. 5308.)=20

CODIFICATION
R.S. Sec. 5308 derived from act = Aug. 6,=20 1861, ch. 60, Sec. 1, 12 Stat. 319.=20

Title 50 Sec. 212. Confiscation of property employed to = aid=20 insurrection=20

    Whenever during any insurrection = against the=20 Government of the United States, after the President shall = have=20 declared by proclamation that the laws of the United States = are=20 opposed, and the execution thereof obstructed, by = combinations too=20 powerful to be suppressed by the ordinary course of judicial = proceedings, or by the power vested in the marshals by law, = any=20 person, or his agent, attorney, or employee, purchases or = acquires,=20 sells or gives, any property of whatsoever kind or = description, with=20 intent to use or employ the same, or suffers the same to be = used or=20 employed in aiding, abetting, or promoting such insurrection = or=20 resistance to the laws, or any person engaged therein; or = being the=20 owner of any such property, knowingly uses or employs, or = consents=20 to such use or employment of the same, all such property = shall be=20 lawful subject of prize and capture wherever found; and it = shall be=20 the duty of the President to cause the same to be seized,=20 confiscated, and condemned.
Notes on Title 50, Section = 213=20
SOURCE
(R.S. Sec. 5309; Feb. 27, 1877, ch. 69, Sec. = 1, 19=20 Stat. 253; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167.) = -COD-=20

CODIFICATION
R.S. Sec. 5309 derived = from act=20 Aug. 6, 1861, ch. 60, Sec. 2,12 Stat. 319. Act Mar. = 3, 1911,=20 conferred the powers and duties of the former circuit courts = upon=20 the district courts.=20
AMENDMENTS
1877 - Act Feb. 27, 1877, = inserted=20 ''may'' after ''any district in which the same''.
Sec. = 213.=20 Jurisdiction of confiscation proceedings
Such prizes and = capture=20 shall be condemned in the district court of the United = States having=20 jurisdiction of the amount, or in admiralty in any district = in which=20 the same may be seized, or into which they may be taken and=20 proceedings first instituted.=20

Notes on Title 50, Section 215
SOURCE
(R.S. Sec. = 5311;=20 June 25, 1948, ch. 646, Sec. 1, 62 Stat. 909.)=20

CODIFICATION
R.S. Sec. 5311 derived from = act=20 Aug. 6, 1861, ch. 60, Sec. 3, 12 Stat. 319. -CHANGE-=20
CHANGE OF NAME
Act June 25, 1948, eff. Sept. = 1,=20 1948, substituted ''United States attorney'' for ''attorney = of the=20 United States''. See section 541 of Title 28, Judiciary and = Judicial=20 Procedure, and Historical and Revision Notes thereunder. =
Sec.=20 215. Institution of confiscation proceedings
The = Attorney=20 General, or the United States attorney for any judicial = district in=20 which such property may at the time be, may institute the=20 proceedings of condemnation, and in such case they shall be = wholly=20 for the benefit of the United States; or any person may file = an=20 information with such attorney, in which case the = proceedings shall=20 be for the use of such informer and the United States in = equal=20 parts.
Now this is not the only place that seizure is = found. I=20 now move to 28 USC.=20
FEDERAL RULES OF CIVIL = PROCEDURE
Admiralty and=20 maritime rules of practice (which included libel =
procedures)=20 were superseded, and civil and admiralty procedures = in United=20 States district courts were unified, effective July = 1, 1966,=20 see rule 1 and Supplemental Rules for Certain Admiralty and = Maritime=20 Claims, Appendix to this title.=20

Sec. 2461. Mode of recovery=20
        (a) Whenever = a civil=20 fine, penalty or pecuniary forfeiture is prescribed for the=20 violation of an Act of Congress without specifying the mode = of=20 recovery or enforcement thereof, it may be recovered in a = civil=20 action.
        (b) = Unless=20 otherwise provided by Act of Congress, whenever a forfeiture = of=20 property is prescribed as a penalty for violation of an Act = of=20 Congress and the seizure takes place on the high seas or on=20 navigable waters within the admiralty and maritime = jurisdiction of=20 the United States, such forfeiture may be enforced by libel = in=20 admiralty but in cases of seizures on land the=20 forfeiture may be enforced by a proceeding by libel = which=20 shall conform as near as may be to proceedings in=20 admiralty.=20

Sec. 2462. Time for commencing proceedings =
Except as=20 otherwise provided by Act of Congress, an action, suit or = proceeding=20 for the enforcement of any civil fine, penalty, or = forfeiture,=20 pecuniary or otherwise, shall not be entertained unless = commenced=20 within five years from the date when the claim first accrued = if,=20 within the same period, the offender or the property is = found within=20 the United States in order that proper service may be made = thereon.=20
Sec. 2463. Property taken under revenue law not=20 repleviable
All property taken or detained under any = revenue law=20 of the United States shall not be repleviable, but shall be = deemed=20 to be in the custody of the law and subject only to the = orders and=20 decrees of the courts of the United States having = jurisdiction=20 thereof.=20

SECTION REFERRED TO IN OTHER SECTIONS
This = section=20 is referred to in title 26 section 7434.=20

Sec. 2464. Security; special bond=20
        (a) Except in = cases=20 of seizures for forfeiture under any law of the United = States,=20 whenever a warrant of arrest or other process in rem is = issued in=20 any admiralty case, the United States marshal shall stay the = execution of such process, or discharge the property = arrested if the=20 process has been levied, on receiving from the respondent or = claimant of the property a bond or stipulation in double the = amount=20 claimed by the libelant, with sufficient surety, to be = approved by=20 the judge of the district court where the case is pending, = or, in=20 his absence, by the collector of the port, conditioned to = answer the=20 decree of the court in such case. Such bond or stipulation = shall be=20 returned to the court, and judgment or decree thereon, = against both=20 the principal and sureties, may be secured at the time of = rendering=20 the decree in the original case. The owner of any vessel may = deliver=20 to the marshal a bond or stipulation, with sufficient = surety, to be=20 approved by the judge of the district court, conditioned to = answer=20 the decree of such court in all or any cases that are = brought=20 thereafter in such court against the vessel. Thereupon the = execution=20 of all such process against such vessel shall be stayed so = long as=20 the amount secured by such bond or stipulation is at least = double=20 the aggregate amount claimed by libelants in such suits = which are=20 begun and pending against such vessel. Similar judgments or = decrees=20 and remedies may be had on such bond or stipulation as if a = special=20 bond or stipulation had been filed in each of such suits.=20
        (b) The court = may=20 make necessary orders to carry this section into effect,=20 particularly in giving proper notice of any such suit. Such = bond or=20 stipulation shall be indorsed by the clerk with a minute of = the=20 suits wherein process is so stayed. Further security may be = required=20 by the court at any time.=20
        (c) If a = special bond=20 or stipulation in the particular case is given under this = section,=20 the liability as to said case on the general bond or = stipulation=20 shall cease. The parties may stipulate the amount of the = bond or=20 stipulation for the release of a vessel or other property to = be not=20 more than the amount claimed in the libel, with interest, = plus an=20 allowance for libelant's costs. In the event of the = inability or=20 refusal of the parties to so stipulate, the court shall fix = the=20 amount, but if not so fixed then a bond shall be required in = the=20 amount prescribed in this section.
Security; special = bond=20

Sec. 2465. Return of property to claimant; = certificate of=20 reasonable cause; liability for wrongful seizure=20

    Upon the entry of judgment for the = claimant in=20 any proceeding to condemn or forfeit property seized under = any Act=20 of Congress, such property shall be returned forthwith to = the=20 claimant or his agent; but if it appears that there was = reasonable=20 cause for the seizure, the court shall cause a proper = certificate=20 thereof to be entered and the claimant shall not, in such = case, be=20 entitled to costs, nor shall the person who made the = seizure, nor=20 the prosecutor, be liable to suit or judgment on account of = such=20 suit or prosecution.=20

SECTION REFERRED TO IN OTHER SECTIONS
This = section=20 is referred to in title 26 section 7328. =
    I=20 now proceed to IRS cases to prove the above and what Whiting = stated=20 about revenue and admiralty being the same jurisdiction for=20 collection and seizure. He did say that under the war powers = "in=20 rem" proceedings are used. His reasoning was adopted by the = Supreme=20 Court in 1863.=20

United States v. One 1966 Chevrolet Pickup Truck, = 56=20 F.R.D. 450 (1972); =
        "A=20 proceeding in rem is governed by the Supplemental = Rules for=20 Certain Admiralty and Maritime Claims, a supplement = to the=20 Federal Rules of Civil Procedure, 28 U.S.C. (hereinafter=20 Supplemental Rules), See Rule A, Supplemental Rules;"=20

        And this next = case,=20 United States of America, Libelant v $3976.62 In = Currency, One=20 1960 Ford Station Wagon, 37 F.R.D. 564; Key 31. = "Although=20 presumably for purpose of obtaining jurisdiction, action for = forfeiture under Internal Revenue Laws is commenced as = proceeding=20 in admiralty, after jurisdiction is obtained proceeding = takes on=20 the character of civil action at law, and at least at such = stage of=20 proceedings, Rules of Civil Procedure control."=20
    "On August 14, 1964 a `libel' of = information'=20 (see Supreme Court Admiralty Rule 21; 28 U.S.C.  = Sec. 1355;=20 26 U.S.C. 7323) was filed by the United States = Attorney."Ibid=20 565.=20

Further proof is gleaned from Benedict on Admiralty 7th = Edition.=20
Quoting from Benedict on Admiralty, 1850;=20 =
           = =20 "Its necessary effect [the Act] was, however, to start = the=20 courts on that system of practice, and really to impose upon = them,=20 in admiralty and maritime cases, the civil law practice, as = that=20 under which they must continue to administer = justice,=20 even after the expiration of that act, until further = provision could=20 be made."=20

Section 105 states;=20
        "The = Purpose=20 of the Constitutional Grant--The Essential Harmony of the = Maritime=20 Law. The grand purpose of the Constitution was to unify the = several=20 States [several meaning separate], the whole people, = in their=20 national, international, and interstate relations and = all other purposes were subordinate and ancillary to=20 this."=20

Section 123 states;=20
        "The=20 commission to the Governor as Vice-Admiral was very full, = granting,=20 in language so clear that it cannot be misunderstood, an = admiralty=20 jurisdiction as wide and beneficial as the most zealous = supporters=20 of the English Admiralty ever claimed for it."=20

    This is the type of court that exists = today=20 and why we cannot bring a pure Article of the Bill of Rights = argument in a contract court of the law-merchant in their = civil law=20 under war powers act of 1862. Benedict states at Section 5 = that,=20
 " "* * *the civil law was held to be the = law of=20 admiralty, and the course of proceedings in admiralty, = closely=20 resembled the civil law practice."=20

Remember, in 28 USC 2461, it states as near as may be = to=20 admiralty?=20

    Revenue comes under commerce and is = basic to=20 the jurisdiction of the admiralty/maritime court. Evidence = the fact=20 every judge states you can't bring the Constitution in his = court.=20 You can't bring in the Seventh Article of the Bill of = Rights. Why?=20 Because it is evident after reading Benedict on The = American=20 Admiralty, Its Jurisdiction and Practice, 1850, = Chapter XIII=20 section 195, to wit: "So the seventh amendment is = limited to=20 suits at common law, which does not include either suits of = equity,=20 or of admiralty and maritime jurisdiction".=20
    The American people are not under = common law=20 or any other law but Emergency War Powers.=20

American Ins. Co. v Canter, 1 Pet. 511, 545 = (1828). "A=20 case in admiralty does not, in fact, arise under the = Constitution or=20 Laws of the United States."
    Most = people would=20 not understand why such a case would not come under the=20 Constitution. The reason being when in war, and proceeding = in=20 admiralty, International law and treaty law takes over. It = is stated=20 in Chapter two of Whiting's Book that the Law of Nations, = which is=20 International law, rules over the Constitutions. One of the=20 International laws is that of Treaty with the United = Nations. So try=20 as you might to oust the United States from the UN treaty, = as long=20 as we are the enemy and the United States the belligerent = power=20 running the show you will never, under international law = that we=20 live under, obtain your goals.=20

Benedict states at section 204;=20
        "In such = cases, the=20 question before the court, is not whether the court has=20 jurisdiction, but whether the party have right; it is not a = question=20 in abatement, but a question of the merits of the action. = `If the=20 cause is a maritime cause, subject to admiralty cognizance,=20 jurisdiction is complete over the person as well as over the = ship.=20 It must in its nature be complete, for it cannot be confined = to one=20 of the remedies on the contract, when the contract itself is = within=20 its cognizance'." The quote he used is from 12 Wheat 460; 7 = Howard=20 729 Boyd's proceedings.
 =20

    Whether the party have the right? Yes. = As=20 enemies of the State, you have no rights that you call = unalienable.=20 And the case for that is called, The Sally, 8 Cranch 382, = 384,=20 wherein the court stated; "By the general law of prize, = property=20 engaged in the illegal intercourse with the enemy is deemed = enemy=20 property. It is of no consequence whether it belong to an = ally or a=20 citizen; the traffic stamps it with a hostile character, and = attaches to it all the penal consequences of enemy = ownership".=20
        In The Shark, = (1862)page 218 the court states,=20
        "All persons = doing=20 business with the enemy, whether citizens of the United = States or=20 citizens of the other belligerent nation or neutrals, are as = to=20 their property to be deemed enemies."=20

    Therefore, with all this knowledge as = to why=20 you are deemed the enemy, this case called The Julia, (1813) = falls=20 right into what Whiting stated in 1864 about the enemy = having no=20 rights.
    "No contract is considered = valid as=20 between enemies, at least so far as to give them a remedy in = the=20 courts of either government, and they have, in the language = of the=20 civil law, no ability to sustain a persona standi in = judicio."=20

    Now you know why people charged under = the=20 revenue laws that are in court have a 99 percent chance of = losing;=20 have no right to present the law or regulations to the jury, = as that=20 has been eliminated slowly since 1867; to claim and show a = defense;=20 are 99 percent of the time denied all motions that would = have to be=20 ruled in their favor. AND, when having a claim against the = United=20 States they always institute a Rule 12(b)(6), that claims = YOU have=20 not stated a cause in which relief can be granted. This is = so=20 because the enemy in rebellion, the cash cow of the United = States,=20 the so called "tax protestor", can never overcome. The IRS = can seize=20 property of all types without any due process in the courts = before=20 they take the property as explained in Whitings Book = continued after=20 you read this endnote. Also, for those people who believe = that if=20 you revoke all signatures and get out of banking and social=20 security, get rid of all contracts with the government that = you are=20 free. Not so, because you are still the neutral under the = emergency=20 (war) powers act. You could claim to be the highest exhalted = ruler=20 from another country, but as long as you stay in this = country under=20 the belligerent power, you are the subject of this = government. This=20 is a fact that no one can deny. The "neutral" speaks to the = fact=20 that your presence in the state or country makes you an = enemy, so to=20 argue you are not subject, because you have removed yourself = from=20 banking or social security, holds no water to the conqueror = holding=20 the guns, or I might add to international law.]=20

End Note #16
    Yes, the = habeas corpus=20 is a PRIVILEGE and NOT a right, and it is granted by = government in=20 time of peace. It can and has, for all intents and purposes, = been=20 suspended. This is evident by the fact that between 1957 and = about=20 1990 only 3 percent of all habeas corpus have been granted. = Now, all=20 this material so far has proven one thing. That is, the = people of=20 America who thought they were sovereign; who thought = government was=20 their servant; who thought the Constitution was their doing; = who=20 thought the Bill of Rights were written for them; who = thought the=20 constitution was there to protect them; who thought that = white=20 citizens were always above the blacks; who thought the term=20 "citizen" did not show up until after the Fourteenth = Amendment; who=20 never realized that blacks voted, held office, held military = commissions before the 1787 Constitution; who did not = realize that=20 the 1787 Constitution enslaved the black people by = considering them=20 property by the institution of Article I, Section 2, Clause = 3; who=20 thought the constitution was over all treaty law or = International=20 law of nations; who thought we were living in times of = peace; who do=20 not believe they are considered "public" enemies; who = believe that=20 they are free, are sorely mistaken. So let us move along in = the Book=20 and destroy some more myths. One has to remember that this = Book was=20 written during Civil war and talks about military law, the=20 principles apply to this very day, even though you do = not see=20 uniformed officers behind the desks of the alphabet agencies = of=20 government, although you do see quasi military presence in = the form=20 of a police officer that is termed "law enforcement." They = are no=20 longer peace officers.]=20

End Note #17
Turning to Whiting's separate = section=20 Titled, The Return of the Rebellious States to the = Union, we=20 see the mindset of government, our enemy, as so aptly stated = by=20 Albert J. Nock in his book, Our Enemy, The State. It shows = that the=20 people of the South and the North became enemies of the = United=20 States, AKA Congress, because the southern states could not = be=20 admitted back into the Union and have disabilities different = than=20 the north. So Congress over rode President Johnsons veto of = the war=20 powers after Johnson decreed the war powers over, and then = Congress=20 declared that in order to have all states on equal footing = they=20 would continue the emergency war powers to include all the = people in=20 the States of the Union to be enemies, subject to the = confiscation=20 acts of 12 Stat 319. The section on Reconstruction of the = Union=20 shows that the southern States were forced into submitting = to the=20 United States, thereby showing, for all to see, that the=20 Constitution is of "No Authority" as stated by eminent = Jurist=20 Lysander Spooner.
    The South had = sought to be=20 free from the Union as expressed in the Declaration of = Independence=20 and the Constitution, that whenever government ceased to be = what it=20 was supposed to be, they had the right to secede. Such was = not the=20 case and shows the fraud of the Constitution for what it is. = For if=20 the abuses could not be remedied the South sought to only do = what=20 the Constitution stated, and that was to form a new = government, but=20 not touch the present government of the North. They did not = want to=20 overthrow the old government. This also proves that the = Treaty of=20 1783 still is supreme over the Constitution which the treaty = created. This I brought forth in my book The New = History=20 of America by quoting from the First Circuit Court of = the=20 United States operating in North Carolina in 1796. Before = closing=20 Part one I might add that the emergency power can continue = absent=20 any war that started it. The case for one to read on this is = Woods v=20 Miller, 333 U.S. 138; 68 S. Ct. 421; 92 Led 596 (1948). This = dealt=20 with the rent control act that was declared unconstitutional = by the=20 District court. It was appealed directly to the Supreme = court and it=20 reversed the District courts judgement, declaring that = because=20 although the war was over the rent act was a direct and = immediate=20 cause when invoking the war powers/Emergency powers of = Congress and=20 therefore was constitutional and could continue as it = likened it to=20 "police power". Justice Jackson concurring stated, "I think = we can=20 hardly deny that the war power is a valid ground for federal = rent=20 control now as it has been at anytime. We still are = technically in a=20 state of war."
    Therefore, the = emergency=20 powers invoked by the Congress in the Reconstruction Acts = and=20 Roosevelts Emergency Powers Acts are still "technically" = alive and=20 well and have never been repealed by Congress. One more nail = in the=20 coffin of the MYTH that the common man is Sovereign is the = fact that=20 when the case of Ex parte Milligan was heard it was a = conclusion=20 that the Court would find the Reconstruction Acts = unconstitutional=20 because of the establishment of the military government = throughout=20 the South. The court did not. Then two years later the case = of Ex=20 Parte McCardle came before the Supreme Court. McCardle was a = southern editor of a Newspaper. He used the statute = designed,=20 ironically, to protect the rights of Negroes and federal = officers in=20 the South. The Court unanimously agreed that the statute = gave it=20 jurisdiction in McCardles case. Then with McCardle's case = already=20 concluded, Congress undertook to block a decision of the = Court by=20 repealing the law by which jurisdiction to hear McCardles = appeal had=20 been conferred. The repeal occurred and McCardle lost. What = happened=20 is that Over 100 years since Ex parte McCardle, the action = of the=20 Congress in lopping off of the appellate jurisdiction of the = Supreme=20 Court in order to forestall an unwanted decision has been = generally=20 regarded as a regrettable legislative assault upon the = independence=20 of the Court-- a precedent which it was hoped would not be = followed.=20
    This shows the power that Congress = and the=20 President has under the war powers. This is why there is no=20 separation of the departments of government under emergency = rule.=20 This is why the Supreme Court of today, cannot rule against = the=20 emergency war powers in effect. The Court is controlled by = Congress,=20 CONSTITUTIONALLY, under the War Powers Clause of the = Constitution. I=20 would say, in conclusion, of Part one, that the Congress has = continued its Sovereignty by invoking the War Powers and=20 Reconstruction Acts starting March 2, 1867, so that they may = invade=20 and strip the rights of the people so as to gain more = control than=20 they had in time of peace under the Constitution. The = Congress are=20 the ultimate administrators of not only the District Courts = in time=20 of peace, but has the control of the allegedly separate = branch=20 called the Supreme Court under War Powers. This only further = proves=20 that the common man was never a Sovereign to begin with, = despite all=20 the hoopla and conjecture that he is. By the term "common = man" it is=20 meant the man on the street, the laborer. Washington, = Jefferson,=20 Hamilton, John Jay, etc., etc, were not the "common man". = They were=20 aristocracy, had money, had land, all had holding in the = mother=20 country, England, and were what was called the landed = people. They=20 were the People spoken of in "We the People" in the = preamble, not=20 the Acommon man". The fact that grammatically the third word = in a=20 sentence, being capitalized, denote a specific class when it = is=20 capitalized, therefore, People did not include the = "common=20 man".
    If indeed it meant all the = people it=20 would have read "We the people". Pull any English Grammar = book and=20 you will see for yourselves what I say is correct. The lip = service=20 and spin doctors have done a wonderful job of hiding the = true=20 character of the common man for all these years, that being, = he is a=20 subject here in America, the same as he was a subject under = the=20 Crown, only here he is called a "citizen". There is no = difference.=20 This was proven in my book The New History of = America,=20 which, was written with documented facts that were worded as = if I=20 wrote it all without documentation, except for the direct = quotes.=20

END of PART ONE

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