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A
LAW DICTIONARY
ADAPTED TO THE CONSTITUTION AND LAWS OF
THE UNITED STATES OF AMERICA
AND OF THE
SEVERAL STATES OF THE AMERICAN UNION

With References to the Civil and Other Systems of Foreign Law

by
John Bouvier

Ignoratis terminis ignoratur et ars. - Co. Litt. 2 a.

Je sais que chaque science et chaque art a ses termes

propres, inconnu au commun des hommes. - Fleury

SIXTH EDITION, REVISED, IMPROVED, AND GREATLY ENLARGED.
VOL. I.

___________________________

PHILADELPHIA

CHILDS & PETERSON, 124 ARCH STREET

1856

Entered according to Act of Congress, in the year one thousand eight hundred
and thirty-nine, BY JOHN BOUVIER, In the Clerk's Office of the District Court
for the Eastern District of Pennsylvania.
____________________________
Entered according to Act of Congress, in the year one thousand eight
hundred and forty-three, BY JOHN BOUVIER, In the Clerk's Office of the
District Court for the Eastern District of Pennsylvania.
_____________________________
Entered according to Act of Congress, in the year one thousand eight
hundred and forty-eight, BY JOHN BOUVIER, In the Clerk's Office of the
District Court for the Eastern District of Pennsylvania.
_____________________________
Entered according to Act of Congress, in the year one thousand eight hundred
and fifty-two, BY ELIZA BOUVIER and ROBERT E. PETERSON, Trustees, In the
Clerk's Office of the District Court for the Eastern District of
Pennsylvania.

Deacon & Peterson, Printers
66 South Third Street.

TO THE HONORABLE

JOSEPH STORY, L L.D.,

One of the Judges of the Supreme Court of the United States

THIS WORK is WITH HIS PERMISSION MOST RESPECTFULLY

DEDICATED

AS A TOKEN OF

GREAT REGARD ENTERTAINED FOR HIS TALENTS, LEARNING,

AND CHARACTER,

BY

THE AUTHOR.

ADVERTISEMENT

TO THE THIRD EDITION

Encouraged by the success of this work, the author has endeavored to
render this edition as perfect as it was possible for him to make it. He has
remoulded very many of the articles contained in the former editions,
and added upwards of twelve hundred new ones.
To render the work as useful as possible, he has added a very copius
index to the whole, which, at the same time that it will assist the inquirer,
will exhibit the great number of subjects treated in these volumes.
As Kelham's Law Dictionary has been published in this city, and can be
had by those who desire to possess it, that work has not been added as an
appendix to this edition.
Philadelphia, November, 1848.

ADVERTISEMENT

TO THE FOUTH EDITION,

Since the publication of the last edition of this work, its author,
sincerely devvoted to the advancement of his profession, has given to the
world his Institutes of American Law, in 4 vols. Svo. Always endeavoring to
render his Dictionary as perfect as possible, he was constantly revising
it; and whenever he met with an article which he had omitted, he immediately
prepared it for a new edition. After the completion of his Institutes, in
September last, laboring to severely, he fell a victim to his zeal, and died
on the 18th of November, 1851, at the age of sixty-four.
In preparing this edition, not only has the matter left by its author
been made use of, but additional matter has been added, so that the present
will contain nearly one-third more than the last edition. Under one head,
that of Maxims, nearly thriteen hundred new articles have been added. The
book has been carefully examined, a great portion of it by two members of the
bar, in order that it mught be purged, as far as possible, from all errors of
every description. The various changes in the constitutions of the states
made since the last edition, have been noticed, so far as was compatible with
this work; and every effort made to render it as perfect as a work of the
kind would permit, in order that it might still sustain the reputation given
to it by a Dublin barrister, "of being a work of a most elaborate character,
as compared with English works of a similar nature, and one which should be
in every library."
That it may still continue to receive the approbation of the Bench and
Bar of the United States, is the sincere desire of the widow and daughter of
its author.


PREFACE

To the difficulties which the author experienced on his admission to the bar,
the present publication is to be attributed. His endeavours to get forward in
his profession were constantly obstructed, and his efforts for a long time
frustrated, for want of that knowledge which his elder brethren of the bar
seemed to possess. To find among the reports and the various treatises on the
law the object of his inquiry, was a difficult task; he was in a labyrinth
without a guide: and much of the time which was spent in finding his way out,
might, with the friendly assistance of one who was acquainted with the
construction of the edifice, have been saved, and more profitably employed.
He applied to law dictionaries and digests within his reach, in the hope of
being directed to the source whence they derived their learning, but be was
too often disappointed; they seldom pointed out the authorities where the
object of his inquiry might be found. It is true such works contain a great
mass of information, but from the manner in which they have been compiled,
they sometimes embarrassed him more than if he had not consulted them. They
were written for another country, possessing laws different from our own, and
it became a question how far they were or were not applicable here. Besides,
most of the matter in the English law dictionaries will be found to have been
written while the feudal law was in its full vigor, and not fitted to the
present times, nor calculated for present use, even in England. And there is
a great portion which, though useful to an [vii] English lawyer, is almost
useless to the American student. What, for example, have we to do with those
laws of Great Britain which relate to the person of their king, their
nobility, their clergy, their navy, their army; with their game laws; their
local statutes, such as regulate their banks, their canals, their exchequer,
their marriages, their births, their burials, their beer and ale houses, and
a variety of similar subjects ?
The most modern law dictionaries are compilations from the more ancient,
with some modifications and alterations and, in many instances, they are
servile copies, without the slightest alteration. In the mean time the law
has undergone a great change. Formerly the principal object of the law seemed
to be to regulate real property, in all its various artificial modifications,
while little or no attention was bestowed upon the rules which govern
personal property and rights. The mercantile law has since arisen, like a
bright pyramid, amid the gloom of the feudal law, and is now far more
important in practice, than that which refers to real estate. The law of real
property, too, has changed, particularly in this country.
The English law dictionaries would be very unsatisfactory guides, even
in pointing out where the laws relating to the acquisition and transfer of
real estate, or the laws of descent in the United States, are to be found.
And the student who seeks to find in the Dictionaries of Cowel, Manly,
Jacobs, Tomlins, Cunningham, Burn, Montefiore, Pott, Whishaw, Williams, the
Termes de Ley, or any similar compilation, any satisfactory account in
relation to international law, to trade and commerce, to maritime law, to
medical jurisprudence, or to natural law, will probably not be fully
gratified. He cannot, of course, expect to find in them anything in relation
to our government, our constitutions, or our political or civil
institutions.[viii]
It occurred to the author that a law dictioinary, written entirely
anew, and calculated to remedy those defects, would be useful to the
profession. Probably overrating his strength, he resolved to undertake the
task, and if he should not fully succeed, he will have the consolation to
know, that his effort may induce some more gifted individual, and better
qualified by his learning, to undertake such a task, and to render the
American bar an important service. Upon an examination of the constitution
and laws of the United States, and of the several states of the American
Union, he perceived many technical expressions and much valuable information
which he would be able to incorporate in his work. Many of these
laws,although local in their nature, will be found useful to every lawyer,
particularly those engaged in mercantile practice. As instances of such laws
the reader is referred to the articles Acknowledgment, Descent, Divorce,
Letters of Administration, and Limitatio. It is within the plan of this work
to explain such technical expressions as relate to the legislative,
executive, or judicial departments of the government; the political and the
civil rights and duties of the citizens; the rights and duties of persons,
particularly such as are peculiar to our institutions, as, the rights of
descent and administration; of the mode of acquiring and transferring
property; to the criminal law, and its administration. It has also been an
object with the author to embody in his work such decisions of the courts as
appeared to him to be important, either because they differed from former
judgments, or because they related to some point which was before either
obscure or unsettled. He does not profess to have examined or even referred
to all the American cases; it is a part of the plan, however, to refer to
authorities, generally, which will lead the student to nearly all the cases.
The author was induced to believe, that an occasional comparison of the
civil, canon, and other systems of foreign law, with our own,[ix] would be
useful to the profession, and illustrate many articles which, without such
aid, would not appear very clear; and also to introduce many terms from
foreign laws, which may supply a deficiency in ours. The articles
Condonation, Extradition, and Novation, are of this sort. He was induced to
adopt this course because the civil law has been considered, perhaps not
without justice, the best system of written reason, and as all laws are or
ought to be founded in reason, it seemed peculiarly proper to have recourse
to this fountain of wisdom: but another motive influenced this decision; one
of the states of the Union derives most of its civil regulations from the
civil law; and there seemed a peculiar propriety, therefore, in introducing
it into an American law dictionary. He also had the example of a Story, a
Kent, Mr. Angell, and others, who have ornamented their works from the same
source. And he here takes the opportunity to acknowledge the benefits which
he has derived from the learned labors of these gentlemen, and of those of
Judge Sergeant, Judge Swift, Judge Gould, Mr. Rawle, and other writers on
American law and jurisprudence.
In the execution of his plan, the author has, in the first place,
defined and explained the various words and phrases, by giving their most
enlarged meaning, and then all the shades of signification of which they are
susceptible; secondly, he has divided the subject in the manner which to him
appeared the most natural, and laid down such principles and rules as belong
to it; in these cases he has generally been careful to give an illustration,
by citing a case whenever the subject seemed to require it, and referring to
others supporting the same point; thirdly, whenever the article admitted of
it, he has compared it with the laws of other countries within his reach, and
pointed out their concord or disagreement; and, fourthly, he has referred to
the authorities, the abridgments, digests, and the [x] ancient and modem
treatises, where the subject is to be found, in order to facilitate the
researches of the student. He desires not to be understood as professing to
cite cases always exactly in point; on the contrary, in many instances the
authorities will probably be found to be but distantly connected with the
subject under examination, but still connected with it, and they have been
added in order to lead the student to matter of which he may possibly be in
pursuit.
To those who are aware of the difficulties of the task, the author
deems it unnecessary to make any apology for the imperfections which may be
found in the work. His object has been to be useful; if that has been
accomplished in any degree, he will be amply rewarded for his labor; and he
relies upon the generous liberality of the members of the profession to
overlook the errors which may have been committed in his endeavors to serve
them.

PHILADELPHIA, September, 1839.

Index

http://www.constitution.org/bouv/bouvier_p.htm


http://famguardian.org/Publications/Bouviers/bouvier.htm


http://books.google.com/books?id=0mo8AAAAIAAJ&pg=PP1#v=onepage&q&f=false



Bouvier's law dictionary and concise encyclopedia, Volume 1
By John Bouvier




The footprints of time, and a complete analysis of our American system of ...
By Charles Bancroft


--------------------------------------------------------
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Growing Power: 1 Million Pounds of Food on 3 Acres

Growing Power: 1 Million Pounds
of Food on 3 Acres

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Web: www.wakeup-world.com - Alternative News & Information

McFadden

HARRISBURG, Penn., May 24.
_In the history of feuds public and private, the one
between the Hon. John SkeltonWilliams and the Hon. Louis T. McFadden takes a preeminent place.
}{r. Williams happens to be Comptroller of the Currency of the United
States. Mr. McFadden is president
of the First National Bank of Can?
ton. Perm., representative in the
lower house of Congress from the
14th Dictrict of nnsylvania and
3 member of the riouse Committee
on Banking and Currency.
Xhe perennial right was in
the District Court of the United
State? in this city this week. It
has been on the floor of Conprress,
and will be brought there again.
The P'irst National Rank of Canton
in its bill of complaint?for it is the
bank, ami not Mr. McFadden, which
jppei.rs. formally in court as plain
jjff?charges that Mr. Williams has
nsed public officials under his direc?
tion to help him crush his foe. In
fact, the purpose of the present suit
k to get a permanent restraining
order to prevenl o Controller from
performing alb -. acts which are
??i? to be ruinous to the bank,
judge Charles B. Witmer, before :
whom the case was argued, has con
tinned the temporary injunction of
May 1.
Dispute Has Persisted
for Three Years
It seems too early tn tell the full
taie of the struggle. It began more
than three years ago, and who can
say that it is approaching an end?
Although the time for ultimate judg?
ment has not yet come, an im?
portant contribution to the record
has just become available. It is the
hi'.', of complaint, a document of 174
pape?, which, though ex parte in ori?
gin, contain? a wealth of documen?
tan.' cvidcr.ee and vi1 id detail about
the famous dispute.
After enumerating countless inci?
dents which the plaintiff believe?
show Mr. Williams's hostility to the
bank and its president, the bill pre?
sents the following analysis of what
the Hank regards as the Controller's)
f - ?? alleged actions.
"The pe? t persecution of
complainant," 3ays the bill, in for
:r. "has continued
fir a period of over three years, and
becomes m ppi 3ive and sinister
and n is time goes on. The
?itl' rn ina f fondant to
n? - : estroy the complainant as
a mea : g the said Mc
Faddei I rought to its final
height ? ? tivith of said Mc
Fi erress in the months
of Ff ru .-; a '. Mar . 1919, and
by his .. md 1 * that
upon the reconvening of the next
Congress said McFadden will, in the
performanci f hi public duties,
continue to press the matters, to
led the at
E the House of Representa?
tives, the office of
th Curi-ency, and
'?'? ? ?rpose and intention
of th? t to ' nue to use
and abusi ? . powers of his office
o?erthe complainant for the purpose
of bri: - g . the destruction of
sa:d McFat that his useful?
ness and prest . member of
Congre- ? me to an end before
be is able t( press these matters fur
tber upon the attention of the House
of Re] - and it is the in?
tention of the defendant, in violation
?f the power? and duties of his office,
te continue to make public confiden?
tial information acquired by theuse of
toe great inquisitorial powers of his
?ace, for the purpose of distracting
public attei tion from himself and in
order to make it appear that said
McFadden is attacking him for mo?
tives other than his. public duty as
lnjerobei ongress.
the pursuit of his
?nlawfi (proper and mali
. the defendant is
Ferent as to the fate of
'?', complainant, its depositors and
?tockholders and is willing that they
a i, provided only that
".ion of said McFadden is
pliahed, and that unless the
? receives the protection
re is great and im
- - that the defendant
? ie, by the abtue of th?
office, to injure the
reputation of the com
J''' ? ' ' ' a will cause to the corn?
ea nant, it? depositors and it?
?oeichoidert! irreparable I
i?*prt* Controller
AM Violated Lau
? The complainant further averi
?**'? the aforesaid actions of tbi
?ridant'hr< fe?"-nt8 an'1 Bubor
j****?i in demanding special re
N?a and information from th?
?gqpUmatit and it? officer? in ex
PJ*| of th? powers conferred upor
:? bylaw and in violation of th?
?jPr**? -prohibition? of the statut?
??th? Vnite? Stetes and in threat
*^RS? to aese*? r^nalt?ea a^ain?
?? complainant in the ?vont o
*?n-<ompl?anc* with hi? unlawfu
f^a*nd?, and in disclosing to th?
2?i*-?s competitor? of the com
?ffcwaat and the pernonai enemic
?V
of its officers confidential and of?
ficial information with respect to
the private business and affairs of
the complainant, and in disclosing
private, confidential and official in?
formation with respect to the busi?
ness and affairs of the complainant
to other bank3 and bankers and
members of Congress and repre?
sentatives of the press and the pub?
lic generally, and in inciting litiga?
tion against the complainant and its
officers, and in publishing and dis?
seminating to the depositors and
stockholders and to the public gen?
erally information with respect to
the affairs of and business of the
complainant, and to cause panic
among its depositors and the with?
drawal of funds on deposit with it,
and in attempting to compel com?
plainant and its officers to be wit?
nesses against themselves in any
proceedings intended to be insti?
tuted against them for any alleged
offence, penalty or forfeiture, are
in gross and flagrant violation of
the complainant's property rights
and of the rights vested in it by
the Constitution and laws of the
United States, in that the said ac?
tions by the defendant and his
agents and subordinates subject the
complainant to the deprivation of
its property without due process of
law, compel the complainant and its
officers to be witnesses against
themselves, and subject the com
plainant to unreasonable search anri
seizure, contrary to the Fourth and
Fifth amendments of the Constitu?
tion of the United States, and sub?
ject the complainant and its off!
cers to visitorial and inquisitoria
powers in violation of the specific
provisions of the laws of the Unitec
States, and the complainant has n<
remedy or redress and is unable tc
prevent the continuation of the saic
unlawful acts except through th(
intervention of this court.
What Injunction
Is Designed to Do
''Wherefore, complainant pray:
that the defendant may answer th<
premises according to law, answe
under oath being hei'eby waived
and that he, his agents and subor
dinates and each of them, includ
ing ail national bank examiners
may, by writ of injunction, to b<
issued out of and under the sea
Gf this honorable court, be enjoinec
as follows:
"1. From calling and continuing
??i cal! for, or attempting to enforce
his call for, the alleged special re?
ports mentioned in the defendant's
letters of Apr.: L?, 1919; April 16,
and April 21, 1919, and in the
letters of Bank Examiners Roberts
and Stauffer, dated April 10, 1919,
respectively, and from assessing or
collecting, or attempting to assess or
collect, penalties against the com?
plainant for failure to file such al?
leged special ? epi rt? ,
From calling for any special
re? :'* "r report ; from the complain
; ? ' "?'_- the private and personal pur?
poses of the defendant or for the de
?? or for the purpose of har
? g or persecuting the com] lj
ont in the manner alleged in the
complaint, or for the purpose of ob?
taining information for public dis?
tribution with a view to injuring, im?
pairing or destroying the reputation
and credit, of the complainant or ;-?
president for allowed offences, or foi
the purpose of instituting prosecu?
tions against complainant or its sait:
president for alleged offenses or foi
the collection of penalties pursuant
to the defendant's plan and purpost
to destroy the reputation, credit aro
business of said Louis T. McFaddeT
and the complainant as alleged in th<
complaint herein, and from callinj
for or attempting to enforce his ca!
for any other special report or re
ports from the complainant when thi
same are not bona fide within th<
meaning and purposes of Section:
5211 and 5212 of the Revised Stat
utes of the United States, ant
reasonably necessary to a full ant
complete knowledge of the com
plainant'? condition and express!;
authorized by said sections, and fron
exercising any visitorial or inquisi
toria! power over complainant or it
officers, except as expressly author
?7.1 d by law.
"3. From disclosing to the officer;
directora, agenta or employes o
i Farmers' National Bank, of Cantor
i'enn., any information with respec
i to the private business and affair
of the complainant or its officers.
"4. From disclosing the privat
business and affairs of the complain
ant or it3 officers to banks, bant
; ers, members of Congress, represei
: tativea of the public press or to th
public generally, for the purpose r
; injuring the complainant or its 'o!
; ficcrs and of impairing or destroj
ing its or their credit and reputr
| tion or for any other purpose o
: cept pursuant to law;
"5. From disclosing to the gtocl
! holders, depositors or creditors <
, th?> complainant, and to the men
bers of the community in which tr
complainant is established, informi
? tion with respect to the affairs an
business of th<- romplainant or i'
officers intended and caioulated t
create alarm or apprehension wit
! respect to the credit and solvency i
; the comp'airmnt or any of its 0
?rr-rn intended or calculated to caui
the withdrawals of deposits from tl
complainant by its depositors;
"f?. From inciting or attempting i
Indue? any person or person? whn
soever to present and pre?? clain
?ifaiast complainant or any of i
officers and from inciting litigation
against it or them;
"7. From demanding, or attempt?
ing to enforce, the compulsory pro?
duction or exposure of the private
books or papers or affairs of the
complainant or its officers for the
: purpose of attempting to subject it
? or them to any penalties or forfeit
; ures or criminal prosecutions or of
' compelling them to be witnesses
against themselves;
"8. From using the powers of the
office or (ontroller of the Currency
over the complainant or its officers
for the private and personal pur
poscs of the defendant, without ref
' erence to the proper duties and func?
tions of the Baid otfice, and in par?
ticular for the purpose of impair?
ing or destroying the credit and
reputation of said Louis T. McFad
den and the complainant, and its and
his property and business in the man
', nor set forth in the complaint;
i i_,_
1
j vice from merchants, attorneys and
i others. The said feeling of alarm,
i apprehension and doubt was inten
! sified by the newspaper publication
given out by the defendant in con?
nection with the letter of March 1.
1919 (Exhibit C), which had been
widely circulated in the press
throughout the entire community,
as well as by the act of the defend?
ant in continuing to circulate from
time to time throughout the month
of March, to stockholders, deposi?
tors and neighboring banks, the
said letter dated March 1, 1919.
Run on Bank
Followed Alarm
"As a result there began what
was in substance and effect a run on
the complainant, and the depositors
began to withdraw their deposits foi
no reason whatsoever except theii
'tended to continue to foster and in
! cite the alarm and apprehension al
I ready existing in the community
and, if possible, by this means to
? ruin the complainant, and being un
; able to ascertain from the said ex
; aminers, although inquiry was re
: peatedly made, when they would
finish their examination and leave
Canton, the complainant's president
was obliged, on April 7, 1919, to call
upon counsel, C. La Rue Munson, of
Williamsport, Penn., for legal advice
1 and assistance.
"On that date Mr. Munson, ac?
companied by said McFadden, inter
' viewed the said bank examiners,
Roberts and Stauffer, and Mr. Mun
l son inquired of the said bank exam?
iners as to the transactions which
said McFadden had had, or in which
I he was interested, to which they ob?
jected. Said McFadden then stated
I then proceeded for a period of about
1 ten days, and although they were
fully aware of the dangerous and
menacing condition resulting from
their presence and activities in Can?
ton.
"Although on April 7, 191P. said
bank examiners had been unable to
call the attention of said McFadden
and his counsel to any irregular or
objectionable transaction, although
requested so to do under the most
pressing circumstances, they, never?
theless, on April 11, IP 19, broadly
charged the complainant and said
McFadden with irregular and unlaw?
ful acts and with resort to evasive
methods and subterfuges in order
to conceal the real character of
transactions-, making claims with
respect to conditions and facts as
to which they could not possibly
"9. From calling or attempting to
enforce any c:.M for any special re?
port or reports from the complain?
ant or any of its officers as to any
i ative to the filing
of thi i suit or to any privileged coni
munical tween the complain
; ? ' o its i fficers and its or their
attorneys relative hereto or for the
pui o '. dei ? ling the same.
' And ? i" complainanl prays that
it may have such relief in the
;..-? n he nature of the cir
tanci of the cause may re
quire and to this court mav seem
? '
High Pnlilic Official
\Vs. Country Bank
The bringing of Mr. Williams,
whose office places him in control
of all the national banks of the
Ui ited State?, in court by the First
National Rank of Canton almost
1 suggests the combat between David
i and Goliath. Canton is a small in?
dus:, rial city of 2,200 population,
? surrounded by a farming commu?
nity. As is the custom in places of
such compactness, the inhabitants
mingle freely together and news
: spreads with great, rapidity.
In calling attention to these con?
ditions the bill of complaint says:
"The extraordinary protracted
; visit of the bank examiners, their
unusual activities at the complain?
ant bank, their constant association
and conferences with the competi?
tors of the complainant, who are
well known in the community to be
inimicable to complainant and its
. president, and their disclosures oJ
the confidential business of the bant
, to them and to others, the questions
' raised by them with respect to th<
: assets of the bank and their en
deavors to stir up litigation in th(
ma::iit-r aforesaid, and their appar
i ent malice and hostility made evi
: dent by them on all possible occa
| sions, became noised throughou
i the town of Canton and the sur
: rounding community, and these mat
: tors became the subject of common
| and discussion among the resident
thereof during the time that th
; said examination was being con
ducted, and the entire communit;
j became alarmed and the depositor
of the complainant became intensel;
apprehensive with respect to th
safety of their deposits.
"Ft became prominently rumore*
j and reported nmong members of th
I community that tho cornplainan
1 was in some serioua difficulty an
that drastic action by the Controlle
of the Currency was imminent, an
the advisability of tho withdrawn
of deposits wa? tho subject of com
mon discussion, with respect t
' which many depositors sought ad
I
alarm and apprehension aroused in
the manner hereinbefore mentioned.
Beginning immediately after the
publication by the defendant of his
letter of March 1, 1919, and up to
the time of the departure of the
said bank examiners from Canton
on the 7th day of April, 1919, there
was withdrawn by depositors from
the complainant the sum of about
S 100,000, and 129 depositors closed
their accounts during said period.
Most of said deposits were with?
drawn dur;:... tl time of and im?
mediately after the said examina?
tion of the complainant. Dunne: all
of this time complainant was abso?
lutely solvent and in thoroughly
sound financial condition, and there
was no possibility of loss to any de?
positor or creditor and no real rea?
son whatsoever for alarm or appre?
hension, except such as was fos?
tered by the wilful, malicious and
destructive conduct: of the defend
1 ant and the said bank examiners.
"During the said time the said
John A. Innes, president of the riva!
: bank?the Farmers' National Bank
--was spreading information to the
effect that large numbers of per
: sons were drawing their deposits
out of the complainant bank and
! depositing same in the Farmers'
? National Bank of Canton, which re
: ports added to the fears and appre?
hensions of members of the eom
: munity, already incited by the ac?
tivities of the defendant and the
i said bank examiners.
"The activities of the defendant
, and the said bank examiners were
directly calculated and intended to
: cause a panic among the depositors
and customers of the complainant
and their wilful and deliberate ef?
fort to 'promote and foster such
panic succeeded to the extent here
; inbefore mentioned, and, had it not
: been for the fact that the complain
j ant enjoys the highest reputation
! throughout the community for hon?
or, soundness and integrity, and had
the members of the said community
\ not had implicit confidence in the
1 management of the complainant
bank, and had the complainant not
? been in sound and strong financial
condition, it would have been un?
able to withstand the consequence
of the acts of the defendant and
his agents.
Mr. McFadden and
The Bank Examiners
"The situation became so acute
\ and the danger to the complainant
i so imminent as a result of the con?
tinuous activities of tho Bald bank
| examiners, and it becamo so evident
1 that the Bald bank examinara in
to the said bank examiners that if
they would inform him of any paper
in the bank which they regarded as
objectionable he would remove it,
and that he desired to remove it.
Said bank examiners refused to
state a single transaction or a single
paper to which they had objection,
claiming that they had not com?
pleted their examination, although
at that time they had been con?
tinuously engaged in an examina?
tion for about ten days.
"Mr, Munson and said McFadden;
stated to saii examiners that the
reason why complainant desired im?
mediately to rectify any matters
which were the subject of criticism.
was that the withdrawals at the
bank were becoming very serious and
that it was necessary to prote<
bank and its depo iti ? Mr. Mun?
son stated to said Roberts that he
and his associates had seriously in?
jured the bank, that they had caused
depositors to become uneasy, that
they had distributed' information
through the town, and that he was
there as counsel to ask what paper
they objected to, stating that they
must have this information if they
had done their duty, and that he de?
sired to know what paper they ob?
jected to, to which said Roberts re?
fused to reply.
Charge Rival With
Soliciting Depositors
"Both Mr. Munson and said Mc?
Fadden stated to said Roberts that
on the previous Saturday, the presi?
dent of the Farmers National Bank
had stood the entire day in front of
the complainant bank soliciting de?
positors; that his attitude and mo?
tives wTere well known; that said
Roberts and his associates had met
with Innes in their room at the
Hotel Packard and discussed the
assets of the complainant bank. Said
', Roberts did not deny any of these
charges and refused to give any
explanation of the connection be?
tween him and John A. Innes. Mr,
Munson and said McFadden pressed
; said Roberts again and again fot
j a statement of the paper at the bank
\ to which they objected, stating thai
! conditions were becoming most seri
i otis on account of the activities oi
? the examiners, and that they desirec
i to protect the interest of tho do
t positors and stockholders of th<
bank and to provide any amount oi
; cash necessary to meet the demand:
of depositors, and said Roberts ant
| the said StaufTer absolutely refus?e
to give any information whatsoever
; claiming that they had not yet com
pleted their report and had not yo
determined what they would objec
to, although tho examination hat
have had any personal knowledge
whatsoever. It was the duty of the
said bank examiners themselves to
specify what paper and what trans?
actions, if any, were found to be
objectionable. Even in the said
letter of April 11, 1919, they did
not point out a single objectionable
transaction on paper. On the con?
trary they called upon said McFad
den, without legal right or author?
ity, to take up and pay notes which
were to be specified and described
by him and not by them, entirely
without reference to the character
of the paper, the collateral by which
it was secured or the financial re?
sponsibility of other persons or
corporations primarily or secon?
darily liable therefor, the mere fact
of his interest, direct or indirect,
proximate or remote, being deemed
to be a sufficient reason for requir?
ing the immediate payment of said
obligations.
"Complainant alleges and charges
that the real reason for the de?
mand contained in said letter was
to cause it and its president finan?
cial embarrassment through the ne?
cessity of . g 'dp such paper.
The pretext n which the demand
was based was that said McFadder
had volunteered to take up sucr
paper, although, as it was wel
known and thoroughly understood
he did not volunteer to take uj
such paper because of the leas
doubt as to its value, but solely foi
the purpose of relieving the banl
of the criticisms of the defendan
and his agents, however arbitrary
in order that the bank might h
freed from the dangerous situatioi
which had been brought about b;
the activities of the defendant an<
his agents, the said bank examiners
Said letter, like many letters there
tofore written, constituted a part o
the scheme of the defendant t
build up a record which he migr
subsequently rely upon and us
against complainant and its pr?s
dent, whether reply was made then
to or not.
"T'pon receipt of this letter coui
sel of the complainant stated on i
behalf that the ?3t of paper calle
for would be gladly furnished. /
a matter of fact, substantially a
of tho said paper had already bee
taken up and paid and said papi
had been paid prior to the tin
when the bank examiners left Ca
ton, so that they were well awa:
of that fact when said letter i
April 11, 1919, was written. Coi
plainant's counsel stated to the su
examinera tho fact that tho sa
paper had been paid and that thai
for? their inquiry could have i
I
relation whatever to the present ;
condition of the bank.
"The said Roberts, nevertheless, ;
insisted that said information should
be furnished, and it was agreed that
the said information should be de- j
livered during the following week.
Complainant's counsel thereupon .
asked the said Roberts to specify
the unsatisfactory conditions re?
ferred to in said letter and to name
the irregular and unlawful acts
which it was therein claimed had,
been committed by the complainant ?
and by said McFadden. stating that
in view of the fact that an answer ;
was called for, it was oniy fair that
these general charges sho\ild be
made specific in order that it might
be possible to make reply thereto.
"The said Roberts, who was
throughout the spokesman for the
said examiners, absolutely refused
to make any specification whatso?
ever or to state any item subject
to criticism or to specify any unlaw?
ful or improper or irregular act
committed by the complainant or
by said McFadden.
McFadden Submitted
List of All Paper
"Thereupon the said Roberts sub?
mitted to said McFadden a list of
all the paper held by the complain?
ant bank on March 27 containing
the name of the maker and indorser
of each paper, a statement of the
amount thereof and the collateral
securing the same and stated that
he desired said McFadden to go
through this list in the presence of
the examiners and to state what he
knew with respect to the financial
condition of the makers and the
indorsers and the character of the
collateral or other security. This
he agreed to do and. for a period of
about six hours of continuous ex?
amination, he made a full, frank
and detailed statement with respect
to each and every note held by the
complainant bank on March 27 con?
tained in the said list furnished by
said bank examiners.
"As he proceeded with said state?
ment said bank examiners checked
the statements made by him with in?
formation which they had before
them with respect to each and every
of said obligations, and made notes
of the statements made by him and
compared the information which he
gave to them with information which
they aiready had, having before
them sheets bound together, each oi
which contained the facts with re
spect to each note or loan. It was
clear from the full and complete lis1
which said examiners handed to him
as well as from their questions anc
the records before them, that the^
had gathered together the mos'
minute, detailed and complete in
formation with respect to each anc
every loan of the complainant, al
of which must have been in ther
possession on April 7, 1919, at whicl
time they have stated that their in
vestigation was not completed, am
upon that ground refused to give th?
information which was then re
quested.
How the Treasury
Officials Worked
"The real purpose and motive o
the said examination, as shown b
the character of the questions pre
pounded and the matters inquire
into, was not to obtain informatio
with respect to the condition of th
bank, but to obtain evidence of in
proper or unlawful conduct on th
part of the complainant and th
said McFadden and of trapping hh
into admissions on the basis of whic
1 the charges made by the defendai
against him might be supported ar
new charges made and prosecute
The said examiners asked practical
no questions with respect to tl
transactions of the complainant e:
? cept those transactions in which sa
McFadden was interested directly <
. indirectly or with which they su
pected that he was identified. Whe
. ever such a transaction was reach?
upon the list which he had befo
him the said Roberts interrupted h
i statement to question him minute
, with respect to the history of ti
transaction, the character and e
! tent of his interest, if any*, t'
character and financial respon
bility of other parties interest
\ therein, and the character and val
: of the collaterals or other securith
: and the trend of his questions w
such as to indicate clearly that th
were directed to the establishmc
of some violation of law. The nu
ner of the said Roberts during st
examination was hostile and insu
. ing, and his questions indicated t
utmost suspicion and constantly
sinuated wrongdoing.
"The said Roberts examined w
minute particularity into the hist<
of the Minnequa Furniture C<
! pany and its reorganization i:
Armenia Furniture Company m
; tioned in the affidavit of Louis
' McFadden, and in this connect
examined from a typewritten mei
; randum containing several pages
previously prepared questions, sh
j ing a premeditated plan with
spect to his inquiry into this t
jeer., and in this inquiry the qi
i tions asked by him related to tri
i actions as far back as th? year 1!
having nothing whatsoever to
with the present condition of th?
bank, and all of these questions were
asked with the full knowledge on the
part of the said Roberts that there
was no paper of the said Minnequa
Furniture Company in the complain?
ant bank at the time of the inquiry?
so that the entire subject was wholly
irrelevant to the purposes of a
proper bank examination. In the
same way said Roberts examined
said McFadden minutely with re?
spect to other transactions which
had been closed, with the plain pur?
pose of establishing some irregular?
ity, impropriety or unlawful act on
his part in connection therewith."
Origin of the
Dispute Described
The genesis of the row between
Mr. McFadden and Mr. Williams, as
it appears to the complainant, is de?
scribed in detail in the bill. "The
defendant," according to the com?
plaint, "has for a period of more
than two years so used and abused
and exceeded the powers conferred
upon him by law as to irreparably
injure and in part to destroy com?
plainant's proper and lawful busi?
ness, and it is his purpose and in?
tention wilfully and maliciously to
continue to inflict irreparable injury
upon it, contrary to law and in vio?
lation of his official duties and pow?
ers and obligations, and by compell?
ing it to submit to his uncontrolled
arbitrary and unlawful demands and
actions and, by the publication of
false and malicious statements with
respect to it and its officers, to vio?
late its rights and to impair and de?
stroy its business credit and reputa?
tion and to bring about its destruc?
tion as a National Banking Associ?
ation.
"That, beginning in the year 1914,
the defendant, without just reason
or cause, has conceived an everin
creasing personal enmity, hatred
and malice against Louis T. McFad?
den, the president of the complain?
ant, which as time has gone on has
increased in intensity and finally
ripened into a determination on the
part of the defendant to bring about
the financial and political ruin of
the said McFadden for his own sel?
fish and personal purposes.
McFadden Started
In Rank as Clerk
"Louis T. McFadden is a citizen
of Pennsylvania and has been in the
complainant's employ as clerk, as?
sistant cafhier, cashier and presi?
dent since 1894. In the spring of
1914 said McFadden, then being
president of the Pennsylvania Bank?
ers' Association, made a public ad?
dress at a convention of said asso?
ciation, in the course of which he
advocated and recommended the
abolition of the office of Controller
of the Currency, contending that,
by reason of the recent enactment
of the Federal Reserve act said of?
fice had become useless and un?
necessary. Said address attracted
considerable public notice and was
quoted and commented upon in the
financial journals and the public
press of the United States, since
which time the reform advocated by
said McFadden has been the sub?
ject of discussion at meetings of
banking associations and among the
bankers of the United States and
among the members of the Congress
of the United States, and said Mc?
Fadden has continued and is pab
licly known to be a leading advo?
cate of the said reform.
"In the fall of 1914 said McPftd
den was elected to be a member o?
the House of Representatives of the
United States from the Fourteenth
Congressional District of Pennsyl
vania and entered the Congress oi
March 4, 1915, since which date h<
has continuously been a member e
the House, representing said dis
trict, and a member of the Com
mittee on Banking and Currenc;
of the House, of which committe
he is now the second member li
seniority. In the course of his pul
lie duties as a member of Con
gress and as a member of said Con
mittee on Banking and Currenc
said McFadden has on many occai
ions opposed recommendations fc
legislation customarily proposed b
the defendant at each session <
Congress, which legislation relate
to the powers of the office of tr
Controller of the Currency and 1
the banking system and currency <
the United States, and on variot
occasions said McFadden has ca
ried his opposition to such propos?
legislation to the floor of the Hous
"The advocacy by the said M
Fadden of the abolition of tl
office of Controller, although tak<
up by him wholly without pt
sonal reference or thought
the defendant, and although su
reform has been indorsed a
approved by many banking as
; dations and bankers and expe
upon such matters, and his oppc
? tion in Congress to measures ad
cated by the defendant constitu'
the beginning of the vindict
I enmity and hatred of the defe
: ant against him and the origi
basis of the determination of the
: fondant to make use of and ab
j his powers over the complainant
I the destruction of the said
Fadden.*'http://chroniclingamerica.loc.gov/lccn/sn83045487/1912-03-01/ed-1/seq-12/

• Persistent Link http://chroniclingamerica.loc.gov/lccn/46032385/1913-09-01/ed-1/seq-23/

J Traficant

fair use; IN RE:  EDUCATION

CONGRESSIONAL RECORD – HOUSE, page 5321

http://home.hiwaay.net/~becraft/JTraficant.pdf

The TRUTH is that Traficant was allowed 5 minutes to speak for purposes of DEBATE ONLY & his remarks were DESIGNED to encourage DEBATE.  It’s called RHETORIC & HYPERBOLE.  In the REAL speech he was talking about TAXES, the BUDGET & JOBS & he said NOTHING about the things that are attributing to his SUPPOSED “statement”.  Here is WHAT he REALLY said.

Mr. Speaker, we are here now in chapter 11.

Members of Congress are official trustees presiding over the greatest reorganization of any bankrupt entity in world history, the U.S. Government.

We are setting forth hopefully, a blueprint for our future. There are some who say it is a coroner's report that will lead to our demise.

I am going to support the rule. I am not sure yet if I will support this budget. I want to hear an awful lot more, not being a member of the committee, and I am not going to vote for things I do not understand or do not like, but let there be no mistake. After 12 years of Ronald Reagan and George Bush, we are standing here.

Let me say this to the minority party. Every program that Ronald Reagan wanted in 1981, he got. Reagan got it. There was a Republican Senate majority and there were 70 Democrats in this House that might as well have been Republicans, and we have the program.

The major assumption was very simple. We are going to cut taxes, put money in the pockets of the American people, and when they spend this money our gross national product is going to rise so great that even though we reduced your tax liability on a percentile basis, we will balance the budget, quoting Ronald Reagan, in 1982. It is going to take the fall of our Congress, I think, for that to happen.

Mr. Speaker, let us give this new administration a chance. Democrats gave Ronald Reagan a chance.

But let me give one word of caution here today. America already has race wars, let us be honest about it. We already have gender wars, let us be honest about it. We already have age wars, let us be honest about it.

One thing this Congress had better not get involved in and get trapped into is a class war on money. In America , if you can not earn all that you can, there is something wrong and there is no more a spirit of free enterprise.

I want to say this to the Members. We may talk about taxing the rich, but the rich people have already taken their companies and their jobs out of America . Be careful that the rich people do not take their money out of America, because the government already raises our kids, defends our families, educates our kids, feeds our kids, houses our kids, and the government it doing a very poor job of it. I think mom and dad would be better utilized there once again.

So I am going to listen to the debate. I do not know if I will vote for this budget. Finally, I do not know if the budget makes one damn bit of difference, because we waive it all the time and I do not think we have ever followed it. I think we have an excellent chairman who worked hard. If we are going to have budget, we should follow it. If not, we once again as Members waste both our time and the people's time.

Let me say this just in closing. Today is not the mother of all debates and the mother of all decisions. When that tax package comes, you will have the mother of all votes on the floor.

Let me say this, I am not for voting any more taxes on the backs of the American people, because I believe the tax of 1990 put on right here today, and I am very concerned about the tax package being discussed in this Congress.

I am one Democrat who believes we should stimulate the private sector. We already have more government jobs than factory jobs, and I think that is an indictment of our Congress.

One basic tenet to this Constitution is life, liberty, and the pursuit of happiness, and there can be no life, liberty, or pursuit of happiness in America without job.

I would like to see the mother of all debates center around the jobs bill.”

CONGRESSIONAL RECORD – HOUSE, page 5321

http://home.hiwaay.net/~becraft/JTraficant.pdf

The simple FACT is that the FAKE Traficant “speech” that is widespread on the internet is nothing more that “redemption” CRAP that can be SHOWN to be COMPLETE & UTTER BS IF one actually READS the documents cited in it, asks a few QUESTIONS, does some RESEARCH, THINKS & uses some COMMON SENSE.

FEDERAL RESERVE ACT OF 1913

http://www.llsdc.org/attachments/files/105/FRA-LH-PL63-43.pdf

EMERGENCY BANKING RELIEF ACT OF 1933, 48 Stat. 1

http://tucnak.fsv.cuni.cz/~calda/Documents/1930s/EmergBank_1933.html

JOINT RESOLUTION To assure uniform value to the coins and currencies of the United States

http://home.hiwaay.net/~becraft/HJR192.pdf

For example, HOW could PUBLIC LAW 89-719 have been involved in the United States Government SUPPOSEDLY being “dissolved” by FDR IN 1933 WHEN it is the FEDERAL TAX LIEN ACT OF 1966?

The Federal Tax Lien Act of 1966, P.L. 89-719, C.B. 1966-2, 623, does not refer to a purchase money security interest of mortgage.

http://www.irs.gov/pub/irs-pdf/p785.pdf

HOW could the UNITED NATIONS, the INTERNATIONAL MONETARY FUND (IMF) or the WORLD BANK have been involved in the SUPPOSED “bankruptcy” of the United States in 1933 WHEN they did NOT yet EXIST?

The United Nations is an international organization founded in 1945 after the Second World War by 51 countries committed to maintaining international peace and security, developing friendly relations among nations and promoting social progress, better living standards and human rights.

http://www.un.org/en/aboutun/index.shtml

The IMF was conceived in July 1944, when representatives of 45 countries meeting in the town of Bretton Woods, New Hampshire , in the northeastern United States , agreed on a framework for international economic cooperation, to be established after the Second World War.  They believed that such a framework was necessary to avoid a repetition of the disastrous economic policies that had contributed to the Great Depression.

The IMF came into formal existence in December 1945, when its first 29 member countries signed its Articles of Agreement. It began operations on March 1, 1947. Later that year, France became the first country to borrow from the IMF.

http://www.imf.org/external/about/histcoop.htm

The World Bank, established in 1944, is headquartered in Washington , D.C. We have more than 10,000 employees in more than 100 offices worldwide.

http://web.worldbank.org/WBSITE/EXTERNAL/EXTABOUTUS/0,,pagePK:50004410~piPK:36602~theSitePK:29708,00.html

HOW could this ALLEGED “new form of government” have been “instituted and established by transferring and/or placing the Office of the Secretary of Treasury to that of the Governor of the International Monetary Fund” in 1933 WHEN there was NO IMF in 1933?  In FACT there is NO “Governor of the International Monetary Fund”, there is a BOARD OF GOVERNORS & the U.S. SECRETARY OF THE TREASURY is OUR “Governor” on the IMF BOARD OF GOVERNORS.

Articles of Agreement of the International Monetary Fund

Article XII - Organization and Management

Section 1.  Structure of the Fund

The Fund shall have a Board of Governors, an Executive Board, a Managing Director, and a staff, and a Council if the Board of Governors decides, by an eighty-five percent majority of the total voting power, that the provisions of Schedule D shall be applied.

Section 2.   Board of Governors

(h) Governors and Alternates shall serve as such without compensation from the Fund, but the Fund may pay them reasonable expenses incurred in attending meetings.

http://www.imf.org/external/pubs/ft/aa/aa12.htm

Of course the SECRETARY OF THE TREASURY is NOT PAID by the INTERNATIONAL MONETARY FUND since the SECRETARY is OUR REPRESENTATIVE on its BOARD OF GOVERNORS & to do so would be a CONFLICT of INTEREST. Yet sadly, people simply “buy into” a SUPPOSED & ADMITTEDLY incomplete quote from a law that they have NEVER even seen WHEN there is clear EVIDENCE that it is MISLEADING.

Currently, the Secretary of the Treasury earns $191,300 per year. His salary, and those of all Federal Government employees, are paid out of the General Fund of the Treasury.

https://ustreas.gov/education/faq/treasury/officials.shtml#2

And we are SUPPOSED to “believe” that Public Law 94-564, “An Act to provide for amendment of the Bretton Woods Agreements Act, and for other purposes”, that was ENACTED in 1976 is ALLEGEDLY “evidence” of this?

The reforms of the international monetary system which the United States accepts through these amendments are the culmination of years of debate and negotiation following the breakdown of the Bretton Woods par value system in 1971. This new international monetary system recognizes that development of stable underlying economic and financial conditions is in essential prerequisite to the achievement of international monetary stability. At the same time, the new system will provide the increased flexibility, resilience, and reliance on market mechanisms which today's monetary relationships require, replacing the exchange rate rigidity and gold emphasis of the Bretton Woods system.

In the post-World War II era, we have increasingly recognized the importance of a smoothly functioning international monetary system to American jobs, production, and growth and to the maintenance of a prosperous and stable world economy. The attainment of the international economic as well as political and national security objectives of the United States depends in large measure on Our success in maintaining a strong and healthy world economy, and that, in turn, requires a sound, smoothly functioning, and equitable international monetary system. For all these reasons, I am especially pleased to sign into law this act to provide for amendment of the Bretton Woods Agreements Act.

Note: As enacted, H.R. 13955, approved October 19, 1976, is Public Law 94-564 (90 Stat. 2661).

http://www.presidency.ucsb.edu/ws/index.php?pid=6494

HOUSE JOINT RESOLUTION 192 was effectively REPEALED by CONGRESS in 1977.

"Though Congress had passed legislation in 1933 prohibiting enforcement of contractual terms tying contract value to the gold standard, 48 Stat. 112, 113 (1933) (formerly codified at 31 U.S.C. § 463), Congress determined in 1977 that obligations entered into after 1977 would be enforceable. 31 U.S.C. § 5118(d)(2) (1983)."  FAY CORP. V. FREDERICK & NELSON SEATTLE, INC., 896 F.2d 1227 (9th Cir. 1990)

http://cases.justia.com/us-court-of-appeals/F2/896/1227/166246/

NO “trust” is created by the issuance of a BIRTH CERTIFICATE.

“In a complaint styled "Action to Quiet Title Equity," plaintiff named himself, under the title "Oreste Lodi, Beneficiary," as defendant. The pleading alleges that defendant Lodi is the beneficiary of a charitable trust, [173 Cal.App.3d 630] the estate of which would revert to plaintiff Lodi , as "Reversioner," upon notice. Plaintiff attached as exhibit A to his complaint a copy of his 1923 New York birth certificate, which he asserts is the "certificate of power of appointment and conveyance" transferring reversioner's estate to the charitable trust. Plaintiff Lodi goes on to allege that for 61 years (i.e., since plaintiff/defendant was born), defendant has controlled the estate, that plaintiff has notified defendant of the termination of the trust by a written "Revocation of all Power" (which apparently seeks to revoke his birth certificate), but that defendant "intentionally persist [sic] to control said estate ...." Plaintiff requested an order that he is absolutely entitled to possession of the estate, and terminating all claims against the estate by any and all persons "claiming" under defendant. fn. 1

As is obvious, the complaint states no cognizable claim for relief. Plaintiff's birth certificate did not create a charitable trust; consequently, there was no trust which could be terminated by notice. “

Lodi v. Lodi (1985) 173 Cal.App.3d 628 (1985)

http://www.lawlink.com/research/CaseLevel3/62490

The FEDERAL RESERVE does NOT “loan” money or “extend” credit to the United States , so there is NO “debt” to pay them.  Quite the CONTRARY, its EXPENSES are FUNDED through its operations & it is REQUIRED by LAW to PAY its PROFITS to the U.S. TREASURY. Federal Reserve earned $45 billion in 2009. Wall Street firms aren't the only banks that had a banner year. The Federal Reserve made record profits in 2009, as its unconventional efforts to prop up the economy created a windfall for the government.

The Fed will return about $45 billion to the U.S. Treasury for 2009, according to calculations by The Washington Post based on public documents. That reflects the highest earnings in the 96-year history of the central bank. The Fed, unlike most government agencies, funds itself from its own operations and returns its profits to the Treasury.

As it happens, the Fed's earnings for the year will dwarf those of the large banks, easily topping the expected profits of Bank of America , Goldman Sachs and J.P. Morgan Chase combined. And while the central bank in its most recent financial report had recorded a $3.8 billion decline in the value of loans it made in bailing out the investment bank Bear Stearns and the insurer American International Group, the Fed also logged $4.7 billion in interest payments from those loans. Further losses -- or gains -- on the two bailouts are possible as time goes by. The Fed also charges fees for operating the plumbing of the financial system, such as clearing checks and electronic payments between banks.

From its revenue, the Fed deducts operating expenses, such as employee salaries, then returns to the Treasury almost all of the earnings that remain. The largest previous refund to the Treasury was $34.6 billion, in 2007.

http://www.washingtonpost.com/wp-dyn/content/article/2010/01/11/AR2010011103892.html

In the United States , TITLE to property WAS & STILL IS ALLODIAL in nature.  ALLODIUM estates. Signifies an absolute estate of inheritance, in coutradistinction to a feud.

In this country the title to land is essentially allodial, and every tenant in fee simple has an absolute and perfect title, yet in technical language his estate is called an estate in fee simple, and the tenure free and common socage. 3 Kent, Com. 390; Cruise, Prel. Dis. c. 1, 13; 2 Bl. Com. 45. For the etymology of this word, vide 3 Kent Com. 398 note; 2 Bouv. Inst. n. 1692

BOUVIER’S LAW DICTIONARY, 1856 EDITION

http://www.constitution.org/bouv/bouvier_a.htm

TITLE 1 a  : the means or right by which one owns or possesses property broadly: the quality of ownership as determined by a body of facts and events

http://research.lawyers.com/glossary/title.html

Having a MORTGAGE means that one does NOT have CLEAR TITLE & truly OWN the property UNTIL it is PAID off & ONLY.  In that case, they have an EQUITABLE INTEREST in it, so the BORROWER has the EQUITABLE TITLE & the RIGHT of POSSESSION, WHILE the LENDER retains the LEGAL TITLE.

MORTGAGE - 1 a  : a conveyance of title to property that is given to secure an obligation (as a debt) and that is defeated upon payment or performance according to stipulated terms ;  b  : a lien against property that is granted to secure an obligation (as a debt) and that is extinguished upon payment or performance according to stipulated terms ;  c  : a loan secured by a mortgage

http://research.lawyers.com/glossary/mortgage.html

CLEAR TITLE: title that exists free of claims or encumbrances on the property broadly

http://research.lawyers.com/glossary/clear-title.html

FUNNY HOW the SUPPOSED “claims”, “arguments” & “evidence” in the FAKE Traficant statement turns out of be COMPLETE & UTTER BS WHEN you go to RESEARCH & VERIFY them. WHAT should that tell us about the “conclusions” that people have DRAWN from it?

GARBAGE - 1 a : food waste b : discarded or useless material, 2 a : trash 1b b : inaccurate or useless data

http://www.merriam-webster.com/dictionary/garbage

Garbage In, Garbage Out (abbreviated to GIGO, coined as a pun on the phrase First-In, First-Out) is a phrase in the field of computer science or information and communication technology. It is used primarily to call attention to the fact that computers will unquestioningly process the most nonsensical of input data (Garbage in) and produce nonsensical output (Garbage out). It was most popular in the early days of computing, but applies even more today, when powerful computers can spew out mountains of erroneous information in a short time. The actual term "Garbage in, Garbage out", coined as a teaching mantra by George Fuechsel, an IBM 305 RAMAC technician/instructor in New York, soon contracted to the acronym "GIGO".[citation needed] Early programmers were required to test virtually each program step and cautioned not to expect that the resulting program would "do the right thing" when given imperfect input. The underlying principle was noted by the inventor of the first programmable device:

“ On two occasions I have been asked,—"Pray, Mr. Babbage, if you put into the machine wrong figures, will the right answers come out?" ... I am not able rightly to apprehend the kind of confusion of ideas that could provoke such a question. ”  — Charles Babbage, Passages from the Life of a Philosopher[1]

It is also commonly used to describe failures in human decision making due to faulty, incomplete, or imprecise data.

The term can also be used as an explanation for the poor quality of a digitized audio or video file. Although digitizing can be the first step in cleaning up a signal, it does not, by itself, improve the quality. Defects in the original analog signal will be faithfully recorded, but may be identified and removed by a subsequent step. (See Digital signal processing.) Garbage In, Gospel Out is a more recent expansion of the acronym.

It is a sardonic comment on the tendency to put excessive trust in 'computerized' data, and on the propensity for individuals to blindly accept what the computer says. Because the data goes through the computer, people tend to believe it.

Decision-makers increasingly face computer-generated information and analyses that could be collected and analyzed in no other way. Precisely for that reason, going behind that output is out of the question, even if one has good cause to be suspicious. In short, the computer analysis becomes the gospel.[2][edit]

While the term Garbage In, Garbage Out was coined originally by the Information Technology sector, the same ideology can be applied in any field in which it is difficult to create a good result when given bad input. For example, in translation, it is difficult to convert a source text that is confused, illogical or missing pertinent information into a quality translation. A translator may use the phrase "Garbage in, garbage out" to explain the importance of good source text to a client. As another example, in quality implications, the quality of the materials a manufacturer procures directly affects the quality of the finished product.

And given the FACT that most of the sites & people PROMOTING the FAKE Traficant “speech” are also PROMOTING “redemption”, SHOULDN’T that tell us something about THEM & IT?  ESPECIALLY IF we discover that they are PROMOTING other BOGUS “information” about other things such as CITIZENSHIP, TAXES & LAW.

Are they merely DELUSIONAL “Patriot Nut Jobs”, OR are they being MACHIAVELLIAN & SCAMMING people to DELUDE & BRAINWASH them for their own SOCIAL, POLITICAL and/or ECONOMIC REASONS?

DELUSION - 1 : the act of deluding : the state of being deluded, 2 a : something that is falsely or delusively believed or propagated b : a persistent false psychotic belief regarding the self or persons or objects outside the self that is maintained despite indisputable evidence to the contrary; also : the abnormal state marked by such beliefs

http://www.merriam-webster.com/dictionary/delusion

MACHIAVELLIAN 1 : of or relating to Machiavelli or Machiavellianism, 2 : suggesting the principles of conduct laid down by Machiavelli; specifically : marked by cunning, duplicity, or bad faith

http://www.merriam-webster.com/dictionary/Machiavellian

SCAM - a fraudulent or deceptive act or operation

http://www.merriam-webster.com/dictionary/scam?show=0&t=1294866976

BRAINWASH - 1 : a forcible indoctrination to induce someone to give up basic political, social, or religious beliefs and attitudes and to accept contrasting regimented ideas, 2 : persuasion by propaganda or salesmanship

http://www.merriam-webster.com/dictionary/brainwash

And IF people are HONEST with themselves, ISN’T the primary REASON our government & the people are in DEBT is because WE keep SPENDING ourselves into DEBT?

The government SPENDS more than it takes in & so it FINANCES things through the sales of SECURITIES that have to PAID back with INTEREST.

The federal budget deficit narrowed to $1.3 trillion (8.9 percent of GDP) in fiscal year 2010, from $1.4 trillion in fiscal year 2009 (almost 10 percent of GDP).  Page 6, TREASURY BULLETIN

http://www.fms.treas.gov/bulletin/b2010_4.pdf

You haven't heard of the Bureau of the Public Debt before? We're a small agency within the Department of the Treasury. Our customers are your neighbors, co-workers, and most likely you, too. You're our customer if you've ever bought any type of Treasury security for yourself or, as millions have done in the case of savings bonds, as a gift for someone else.

Our job is to borrow the money needed to operate the federal government and to account for the resulting debt. In a nutshell, we borrow by selling Treasury bills, notes, and bonds, as well as U.S. Savings Bonds; we pay interest to investors; and, when the time comes to pay back the loans, we redeem investors' securities. Every time we borrow or pay back money, it affects the outstanding debt of the United States .

http://www.publicdebt.treas.gov/

What is the Debt Held by the Public? The Debt Held by the Public is all federal debt held by individuals, corporations, state or local governments, foreign governments, and other entities outside the United States Government less Federal Financing Bank securities. Types of securities held by the public include, but are not limited to, Treasury Bills, Notes, Bonds, TIPS, United States Savings Bonds, and State and Local Government Series securities.

http://www.treasurydirect.gov/govt/resources/faq/faq_publicdebt.htm#DebtOwner

And people go out & BUY houses, cars & other things they can NOT afford on CREDIT which has to be PAID back with INTEREST, instead of SAVING for things.  NO ONE put a gun to our heads & forced us to BUY a house that required TWO INCOMES to AFFORD, DID they?  Or to BUY a NEW car that DEPRECIATES 25 PERCENT the moment we drive off the lot & requires us to carry FULL COVERAGE insurance.  Or to put that 42 inch Plasma TV on our credit card.  WE CHOOSE to do it, DIDN’T we.

Don't Let Google and the NSA Spy on You!  Use Gibiru Search Proxy. Click Here

Ron Paul 2012! - Saturday, February 5, 2011 at 10:05 AMIf this is made up, then how do you know? Prove it. __How do you expect anyone to believe you? Looks pretty real to me.

Chuck - Tuesday, May 3, 2011 at 08:50 AMI see your hyperbole and feel you are ranting with a high school education. Prove your statements. How do you claim to understand what Traficant was saying as hyperbole to establish debate?

http://coupmedia.org/economy/the-fake-traficant-speach-and-your-american-debt-2801

By PLAVEB

Copyright 2007 Coup Media Group

examples of fraud and securitization

http://documents.latimes.com/florida-ag-report-on-foreclosure-law/


examples of fraud and explains the complicated process of securitization and some of the missteps major financial institutions have made. -- Alejandro Lazo (Jan. 6, 2011)

http://documents.latimes.com/florida-ag-report-on-foreclosure-law/

http://s3.documentcloud.org/documents/25753/revised-powerpoint2-2.pdf

http://documents.latimes.com/florida-ag-report-on-foreclosure-law/


The Curse of the Corporation

Part XXVII – The Invisible Contracts – Part III

Location, Location, Location

The unseen trusts, implied and constructive, that are used to control Americans have now been uncovered. Another subtle problem is that which concerns "domicile." Domicile is a contractual nexus which determines tax liability.

All laws which regulate the capacity of persons to contract, are considered personal laws; such are the laws which relate to minority and majority; to the powers of guardians or parents, or the disabilities of coverture. The law of the domicil generally governs in cases of this kind.

Bouvier's Law Dictionary, Capacity, 1856.

Porto Rico was gained by cession from Spain during the Spanish-American War of 1898, along with Cuba and the Philippine Islands. Cuba had been given a provisional government, which was eventually turned over to the people of Cuba. The Philippine Islands were under the control of the United States until after World War II. Porto Rico (rich port), which had its name changed to Puerto Rico (rich doorway) in 1932, has never been "incorporated" (A) (B) into the United States, and is still listed as a territory –

In the sense it is used in the constitution of the United States, it signifies a portion of the country subject to and belonging to the United States, which is not within the boundary of any of them.

Bouvier's Law Dictionary, Territory, 1856.

The people of Puerto Rico have always been considered to be "citizens of the United States." However, neither the Filipinos nor the Cubans were ever given this political status. Only the people of Puerto Rico were given accounts with the Federal government, whereas the people of Cuba and the Philippine Islands were not.

The United States Supreme Court invented the mysterious doctrine of "unincorporated territory" in the case of Balzac v. Porto Rico in 1922. Puerto Rico does not operate under the United States Constitution, as it is merely a territory owned by the Congress. The Fourteenth Amendment is therefore inoperative in Puerto Rico.

If a "person" is domiciled in this, or ANY, "Federal area," then the "person" is liable for federal taxes, regardless of residency. As the "person" is considered to be obtaining his effectively connected gross income through a foreign source, the commercial domicile of the "person" is considered to be where the effective trade and business is consummated.

In order to constitute "commercial domicile" where intangible property is taxable other than at owner's domicile, possession and control of such intangible property must be localized in some independent business or investment away from owner's domicile so that its substantial use and value primarily attach to and become an asset of the outside business.

Words and Phrases, Commercial Domicile, Vol. 7A, pp. 530-531, 1952.

A "person" can have many residences, but a "person" is only supposed to have one domicile, and is subject to lex domicilli. A "natural person" for commercial purposes may also acquire rights of a citizen of another country through allegiance (A) as determined by the place of domicile.

Case cites have already determined that a domicile is required for purposes of taxation, jurisdiction, homestead exemption, attachment, succession (probate) administration, and capacity to sue. The definition of legal fiction contains the tax implications for personal property if the situs of the domicile is not changed.

It is now settled in Great Britain that a will is to be construed, interpreted, and given effect to, according to the law of the country where it was made and where the testator had his domicile, and every court in every country is bound to construe it accordingly.

The Law of Nations, Emmerich de Vattel, Book ii, § 98, ft. 108, 1758.

Consequently, there are a variety of domiciliary questions that confront a man or woman using the federal corporate account known as a "strawman" or "person" –

Commercial Domicile
De Facto Domicile
Domestic Domicile
Domicile of Choice
Domicile of Corporation
Domicile of Origin
Domicile of Succession
Elected Domicile
Foreign Domicile
Matrimonial Domicile
Municipal Domicile
National Domicile
Natural Domicile
Necessary Domicile
Quasi National Domicile

Cockburn and Dicey, have stated that a "person" may have more than one domicil, or may have a civil domicil and a commercial domicil. Barron's Law Dictionary is of a different opinion, stating that a "person" may have many residences, but just one domicile. A domicile would still be used for commercial purposes which would incur a tax liability.

The concern is whether a "person" is conducting "business" as a "person" through the use of functional currency passing through the Federal Financing Bank in Puerto Rico, thereby establishing "domicile" in a foreign federal area or territory of the United States which would make such "person" a non-resident alien. Placement of domicile in a foreign area might also touch on the topics of naturalization and expatriation because naturalization of the nationality of a state upon a "person" after birth can be conferred by any means whatsoever.

As an alien, the "person" representing a man or woman would not be able to hold title to property. As a "certificate of title" certifies that a true title exists, each "natural person" is only the equitable user of the property described under such certificate of title. As a confederated state of the British Empire, people in America still fall under the following ancient British doctrine –

... for no alien is capable of holding lands.

Blackstone's Commentaries, Book 2, Chapter 8, p. 131, 1765.

This is a reasonable conclusion, as title research to real estate generally only goes back to the 1930's when the massive paradigm shift to the "fictional State" began. Such being the case, the purchaser of real property is truly obtaining only equitable title, or possibly "color of title" as the purchaser has no real money, but only "functional currency" with which to purchase any property. From the inception of this country, the State has held the legal interest or legal title to real property, while the people have only held the equitable interest or equitable use. The quit-rents of the king became the property taxes of the State.

The main factor in creating domicile is through animus, or animus manendi (A), which is the intent of the party. The Social Security contract creates an elected domicile, as it is a contract establishing domicile with the Federal government. The domicile of the employee trust falls within the jurisdiction of the location where created, which establishes the law of the lex loci contractus, and is treated in the same manner as the situs of incorporation of a corporation.

Implied contracts are sometimes subdivided into those "implied in fact" and those "implied in law," the former being covered by the definition just given, while the latter are obligations imposed upon a person by the law, not in pursuance of his intention and agreement, either expressed or implied, but even against his will and design, because the circumstances between the parties are such as to render it just that the one should have a right, and the other a corresponding liability, similar to those which would arise from a contract between them. This kind of obligation therefore rests on the principle that whatsoever it is certain a man ought to do that the law will suppose him to have promised to do. And hence it is said that, while the liability of a party to an express contract arises directly from the contract, it is just the reverse in the case of a contract "implied in law," the contract there being implied or arising from the liability.

Black's Law Dictionary, 3rd Edition, Contract, p. 422, 1933.

Within the SS-5 application, there are no words regarding neutral property, which would protect such property from a belligerent power. As Bouvier states –

This neutrality must be complete hence the property of a citizen or subject of a neutral state, domiciled in the dominions of one of the belligerents, and carrying on commerce there, is not neutral property; for though such person continue to owe allegiance to his country, and may at any time by returning there recover all the privileges of a citizen or subject of that country; yet while he resides in the dominion of a belligerent he contributes to the wealth and strength of such belligerent, and is not therefore entitled to the protection of a neutral flag; and his property is deemed enemy's property, and liable to capture, as such by the other belligerent.

Bouvier's Law Dictionary, Neutral Property, 1856.

Domicile plays an important role between belligerents, as prior legislation by the United States government has shown that their intent is to carry on an open commercial war against the people of this country.

The birth certificate is a document, which according to the United States Bureau of Consular Affairs, falls under the Vienna Convention for Authentication of Documents for Use Abroad. Through Social Security, each man or woman has elected to insure their account thereby becoming "mutual insurers." In accordance with 15 U.S.C. 6735, the birth state of the child becomes the transferor domicile, while the State elects to move the situs of the domicile to the transferee domicile of a taxable federal area. Redomestication refers to the transfer of a domicile, see Domestic.

The people of America are being required to exercise uberrima fides with regard to the Chapter 11 Reorganization of the United States government as sureties and employees through the indemnification of social insurance. However, under the doctrine of suppressio veri, the Federal government has severely downplayed the true purpose of social security numbers as the main purpose of taxation. The concealment of any truth regarding Social Security and subsequent taxation would vitiate the contract of social insurance each party has with the Federal government. The actual state of things, a.k.a. truth, has been revealed to the people of America, but only through the convoluted legal codes, statutes, rules and regulations.

Taxing numbers correspond to the parties listed as taxable under Federal Old-Age Survivors and Disability Insurance that are citizens of the United States –

... a citizen of the Commonwealth of Puerto Rico, the Virgin Islands, Guam or American Samoa.

Code of Federal Regulations, Title 20 - Employees' Benefits, 20 CFR 404.

26 USC 1402, (a)(9) after being revised by Pub. L. 99-514, now excludes Section 931 and implies that Section 932 does apply, so "possession of the United States" includes only the Virgin Islands and Puerto Rico. Therefore, the only "citizens of the United States" listed as taxable under Federal Old-Age Survivors and Disability Insurance are citizens of Puerto Rico and citizens of the Virgin Islands.

26 CFR 602.101 - The Form Required

The Paperwork Reduction Act was passed in 1980. This act prohibits the government and its agencies from attempting to collect more information than is actually required by the letter of the law.

Under this Act, Section 602.101 was created in the Code of Federal Regulations for Title 26 in 1985, when the I.R.S. finally complied with its mandate to list ALL of the information collection requests (forms) required by any given code section, necessary to satisfy the legal requirements of that code section. This table is the complete legal authority for the IRS to request and demand information from individuals in the United States of America This table was prepared and provided by the I.R.S. itself.

PART 602 - OMB CONTROL NUMBERS UNDER THE PAPERWORK REDUCTION ACT

Section 602.101. OMB Control numbers.

(a) Purpose. This part collects and displays the control numbers assigned to collections of information in Internal Revenue Service regulations by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1980. The Internal Revenue Service intends that this part comply with the requirements of ... [OMB regulations implementing the Paperwork Reduction Act], for the display of control numbers assigned by OMB to collections of information in Internal Revenue Service regulations ...

______________________________________________________
26 CFR (4-1-94 Edition)

CFR part or section where Current
identified and described OMB Control No.

______________________________________________________
1.1-1 ..................................... 1545-0067
1.23-5.................................... 1545-0074
........
1.6012-0................................. 1545-0067
1.6012-1................................. 1545-0074
........
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

This table clearly shows that the only Form required by Chapter 1, Sec. 1. Tax Imposed (the code section that imposes the income tax) carries the OMB Document Control number 1545-0067. The OMB Document Control number assigned to Form 1040 is 1545-0074.


Upper right hand corner of Form 1040

According to the law, and the I.R.S.'s own filings with the Office of Management and Budget (OMB), Form 1040 is NOT required from U.S. citizens, people who work for the government, to report their own income when working outside of the United States, i.e., Washington D.C. any federal territories such as Guam, Puerto Rico, American Samoa, etc. What form would then be required?

FORM 2555 - FOREIGN EARNED INCOME, carries the OMB Document Control number 1545-0067.


Upper right hand corner of Form 2555

Form 2555 is the only form required by law, according to the law, to satisfy the individual's liability established and imposed in Sec. 1. Tax Imposed; the code section that imposes the income tax.

Form 2555 states at the top, in bold letters:

"FOR USE BY U.S. CITIZENS AND RESIDENT ALIENS ONLY"

The next line in the table does require 1545-0074. It relates to 1.23-5, NOT 1.1 (Chapter 1, Section 1). Chapter 1, Section 23-5 defines the Certification Procedures –

1.23-5 Certification Procedures.

(a) Certification that an item meets the definiton of an energy-conserving component or renewable energy source property. Upon request of a manufacturer of an item ... the Assistant Commissioner shall certify ... that :
(1) the item meets the definition of insulation (see ...

1.23-5 relates to is the Renewable Energy Resource Credit. The table shows that any individual claiming this credit on a tax return, must use Form 1040 to claim the credit.

It is evident that the accounts representing "citizens of the United States" are "domiciled" either in the District of Columbia or in off-shore federal areas, and need to be re-established as domiciles animus et factum. Any action taken should be contrary to animus revertendi from where our "natural persons" are all apparently domiciled. In other words, animus NON revertendi to Puerto Rico or the Virgin Islands. By finding a new domicile, animus manendi will then be determined. The government of the United States, as a private corporation, is guilty of animus furandi with regard to ALL property, personal or real, owned by the people of this country.

The international status of the "artificial person" begins to unfold –

the commercial account, aka "strawman," of each sentient being is created through a constructive trust which is

known as a legal fiction, which is then transferred

from county to state to federal to international government,

ultimately considered to be "commercially" domiciled within either a federal area or Puerto Rico,

which is completely controlled by the United States Congress.

Because Puerto Rico has never been "incorporated" within the United States,

it therefore makes the 14th amendment inoperative in Puerto Rico,

because Puerto Rico is not a state,

which thus places the account for each "person" under private international contract,

as all funds for each "person" are funneled through the Federal Financing Bank in Puerto Rico,

with the currency controlled by the Secretary of the Treasury

of the International Monetary Fund of the United Nations,

under which the United States is obligated by treaty law to an international corporation,

because international law has precedence over Federal and State Law by American doctrine,

thereby placing the people of the several States of the Union, as sureties to an "artificial person," directly under the United Nations and international law,

and, in turn, making international agents of the IRS, FBI, BATF, etc.

which allows these United States government agencies the authority to operate in all parts of the world

by contractual commercial law over the international accounts of all "artificial persons."

Registration and the Uniform Commercial Code

An indication that commercial law is being used to control the people of America, 7 USC 1631, shows the requirements of State laws with regard to security interests of agricultural products. The effects of the registration of a birth certificate and Social Security have just been shown. "Registration" of personal property within a national system will now be explored.

Personal property "owned" by people is registered with the State through a variety of means. These registered items involve machinery such as cars, boats, planes, trailers, trucks, recreational vehicles, snowmobiles, motorcycles, etc. These machines consume energy through gasoline, oil, batteries and tires, etc., and generate revenue through taxes on items used in interestate commerce.

The title to this type of personal property is linked with the legal title of the birth certificate and social security account number for tracking and tax purposes. As this personal property is registered with the state, it is taxable by the State, as the State has a perfected security interest in the personal property. Registration of an automobile with the Department of Motor Vehicles is legal identification of the character of the personal property – pledged, pawned or used as collateral for a lien.

9. It is essential that the thing should be delivered as a security for some debt or engagement.

Bouvier's Law Dictionary, Pledge, 1856.

By a mortgage the title is transferred; by a pledge, the possession; Jones, Mort. Section 4.

The registration statutes simply provide a substitute for change of possession. Between the parties, a change of possession is unnecessary; if there is a change of possession, registration is not required.

Bouvier's Law Dictionary, Chattel Mortgage, pp. 471-474, 1914.

REGISTER. v. To record formally and exactly; to enroll; to enter precisely in a list or the like ... To make correspond exactly one with another; to fit correctly in a relative position; to be in correct alignment one with another ...

Black's Law Dictionary, 4th Rev. Ed., Register, p. 1448, 1968.

It can be seen from the definition that when something is registered, it merely "corresponds exactly" with another. The definition does not state that it is "exactly" like the other. Whatever item is registered is also only in a "relative position."

RELATIVE FACT. In the law of evidence. A fact having relation to another fact; a minor fact; a circumstance.

Black's Law Dictionary, 4th Rev. Ed., Relative fact, p. 1453, 1968.

FACT. A thing done; an action performed or an incident transpiring; an event or circumstance; an actual occurrence. An actual happening in time or space or an event mental or physical ... That which has taken place, not what might or might not have taken place ...

... As designating what exists, in contradistinction to what should exist ...

... "Knowledge" is a "fact", and an "assertion of knowledge", when knowledge does not exist, is an assertion not in accordance with the facts ...

... Where knowledge is possible, one who represents a mere belief as knowledge misrepresents a "fact" ...

As used in statute requiring statement of facts constituting cause of action, "facts" mean narrative of events, acts, and things done which show legal liability of defendant to plaintiff ...

Law and Fact as Distinguishable

"Fact is very frequently used in opposition or contrast to "law."

Law of Evidence

A circumstance, event or occurrence as it actually takes or took place; a physical object or appearance, as it actually exists or existed. An actual and absolute reality, as distinguished from mere supposition or opinion; a truth, as distinguished from fiction or error ...

... Ownership of property is, generally, a "fact" to which a witness may testify ...

Black's Law Dictionary, 4th Rev. Ed., Fact, pp. 706-707, 1968.

The registration of private property with the State constitutes a "fact" because it is a circumstance, act, event or incident on the part of the private citizen. This action taken by a private citizen silently lies in wait and becomes the presumption of the private citizen's actions because express evidence exists which has transferred legal title of property to the state. Such evidence exists as a birth certificate, certificate of title of an automobile, or a warranty deed representing the registration of real property. When property is "registered," it is "enrolled."

ENROLL. To register; to make a record; to enter on the rolls of a court; to transcribe. [citations omitted]

Black's Law Dictionary, 4th Rev. Ed., Enroll, p. 624, 1968.

When something is transcribed, it becomes a transcript -

TRANSCRIPT. That which has been transcribed; a copy of any kind; a writing made from or after an original; a copy; a copy, particularly of a record; a copy of an original writing or deed and suggests that idea of an original writing. [citations omitted]

Black's Law Dictionary, 4th Rev. Ed., Transcript, p. 1669, 1968.

The transcript is only a COPY of the original, which suggests the IDEA of an original writing. In speaking of ideas here, this can only be done in "contemplation of law," and thereby can ONLY represent a fiction of law. Hence, a "certificate of title" or a "warranty deed" are only "copies" representing the "idea" of an original writing.

Pledged or pawned property results in both the pledgor and pledgee having only a qualified title in the property, with neither of them obtaining an absolute title. The pledgor gets the use of the property, while the pledgee is holding legal title to the property as collateral for repayment of debt.

Registering personal property with the State does not require the filing of a financing statement by the State.

UCC 9-302(3)

(3) The filing of a financing statement otherwise required by this Article is not necessary or effective to perfect a security interest in property subject to

(a) a statute or treaty of the United States which provides for a national or international registration or a national or international certificate of title or which specifies a place of filing different from that specified in this Article for filing of the security interest; or

(b) the following statutes of this state; [list any certificate of title statute covering automobiles, trailers, mobile homes, boats, farm tractors, or the like, and any central filing statute.]; but during any period in which collateral is inventory held for sale by a person who is in the business of selling goods of that kind, the filing provisions of this Article (Part 4) apply to a security interest in that collateral created by him as debtor; or

(c) a certificate of title statute of another jurisdiction under the law of which indication of a security interest on the certificate is required as a condition of perfection (subsection (2) of Section 9-103).

If a man or woman has registered personal property with the State in the name of their "artificial person," a perfected security interest is automatically created in favor of the State as long as there is a national registration system in place. Various national registration systems have been established, as shown in the United States Code under 49 USC Sec. 30302, 49 USC Sec. 31701 and 49 USC Sec. 31704.

UCC 9-103

(2) Certificate of title.

(a) This subsection applies to goods [automobiles, trucks may be covered here] covered by a certificate of title issued under a statute of this state or of another jurisdiction under the law of which indication of a security interest on the certificate is required as a condition of perfection.

(b) Except as otherwise provided in this subsection, perfection and the effect of perfection or non-perfection of the security interest are governed by the law (including the conflict of laws rules) of the jurisdiction issuing the certificate until four months after the goods are removed from that jurisdiction and thereafter until the goods are registered in another jurisdiction, but in any event not beyond surrender of the certificate. After the expiration of that period, the goods are not covered by the certificate of title within the meaning of this section.

Any pledged personal property is still under the jurisdiction of the State for four months after surrender of title, or until registered within another jurisdiction.

Americans have thought that they owned the vehicles they have purchased. Under certificate of title legislation, they are simply leasing their vehicles from the State. The lease is renewed every year by obtaining a new registration and new license plate. The Attorney-General initially held legal title to all trade names because of divestment (A) (B) from control of the State under the Trading with the Enemy Act of 1917. The Attorney-General, as holder of legal title, then pledged the property for the debt of the government to the Secretary of the Treasury. As pledgor, the Attorney-General transferred the legal title to the pledgee, Secretary of the Treasury, as collateral for repayment of debt. The State requires the federally-pledged automobile to be registered because the Secretary of the Treasury is the legal owner. The State then leases the automobile back to the registered equitable user.

UCC § 2A-104. LEASES SUBJECT TO OTHER LAW.

(1) A lease, although subject to this Article, is also subject to any applicable:

(a) certificate of title statute of this State: (list any certificate of title statutes covering automobiles, trailers, mobile homes, boats, farm tractors, and the like);

The title, "LEASES SUBJECT TO OTHER LAW," gives an indication that the LEGAL OWNERSHIP has changed hands from the private individual to government. When the personal property is listed in the name of the "natural person," it is automatically listed in the trust or trade name, the legal title of which is already held by the Attorney General of the United States. The State, as an agent for the Federal government, is requiring each piece of State's property to be registered by the equitable user.

Under Title 26 – Motor vehicle operating leases, the lessee [individual user] prepares a

... written statement separately signed by the lessee -
(i) under which the lessee certifies, under penalty of perjury, that it intends that more than 50 percent of the use of the property subject to such agreement is to be in a trade or business of the lessee ...

which creates the registration for a commercial vehicle without the lessor [State] claiming to have any knowledge, in advance, that the signed written statement is false –

An agreement meets the requirements of this subparagraph if the lessor does not know that the certification described in subparagraph (C)(i) is false.

There are registration systems for:

airplanes
automobiles
birth certificates
boats
guns
motorcycles
patents
securities, such as stocks and bonds
service marks
snowmobiles
sport watercraft
trade marks
trade names
trailers
trucks, etc.

By reading a product label, it may say "registered with U.S. Patent Office." Trade Marks and Service Marks are issued and registered by the State or Federal Governments. We are familiar with the registration of any "vehicle" or "vessel" that moves over the roadways, waterways, or through the air; with the registration of real estate with the county recorder or register of deeds; and with registration contracts required for entrance into schools and colleges run by registrars; and with the registration of birth certificates.

As the legal title to property has been divested, the State requires certain property to be registered, which clearly shows that government obtains the necessary security interest in property, thereby making the government the holder of the document of title. The government is using this property as pledged property for the collateral required for the banking system. The security interest secures the payment of an obligation. An obligation is a debt. The debt is the interest on the Chapter 11 Bankruptcy of the United States as a corporation, with the States as co-parties. As a member of the corporation, the "natural person" of each man or woman is directly made a employee / surety / merchant, individually liable for the insured trust account that is considered to be the direct party paying for the debt of the principal debtor – the United States government – to the third party International Monetary Fund.

The State and Federal governments are obtaining the necessary information to track all pledged property of the legally-disabled surety for the collection of all Federal debts. The effect of other laws supersede Federal debt collection. Federal debt collection also affords prejudgment remedies.

The Uniform Commercial Code is used against people, through their artificial entites, as non-judicial process in order to create some form of agreement that can be used to establish – in some cases, not all – that an implied contract exists between the parties, which will be converted into an express contract if the party does not rebut.

The necessary elements to constitute a contract one of "pledge" are: Possession of the pledged property must pass from the pledgor [government] to the pledgee [IMF – creditor]; the legal title [held by government as trustee] to the property must remain in the pledgor [government as trustee]; and the pledgee [IMF – creditor] must have a lien on the property for the payment of a debt or the performance of an obligation due him by the pledgor [government] or some other person ...

Black's Law Dictionary, 4th Rev. Ed., Pledge, pp. 1312-1313, 1968.

Possession of pledged property can be by –

... a constructive delivery is all that is required, that is, such delivery as the nature or situation of the goods admits.

Bouvier's Law Dictionary, Pledge, pp. 2604-2611, 1914.

Symbolical tradition is used where the thing is incapable of real delivery, as, in immovable subjects, such as lands and houses; or such as consist in jure (things incorporeal) as things of fishing and the like. The property of certain movables, though they are capable of real delivery, may be transferred by symbol.

Bouvier's Law Dictionary, Tradition, 1856.

The party referrred to above as "some other person" is the equitable user – as a surety, the man or woman who is getting "use" of the property that they think they "own," while performing an obligation.

A national registration system is in place for documents filed using the Uniform Commercial Code and UCC financing forms, as each State registers UCC documents, and files UCC documents from other States. The basis for registration is to obtain the required security interest of personal property for the pledge which establishes the value of the listed asset in order for money to be fractionalized against such value for the promotion of the banking system in accordance with public policy. The government is requiring certain personal property to be registered because it holds legal title and aids in payment of its Chapter 11 Bankruptcy. Personal property is an asset which has value, and can be hypothecated or used as collateral upon which Federal Reserve banks can make additional loans.

A portion of the Uniform Commercial Code will now be applied to foregoing dissertation –

U.C.C. § 1-201 (29) "Party", as distinct from "Third Party", means a person who has engaged in a transaction or made an agreement within this Act.

A third party includes all "persons" who are not parties to the contract, agreement, or instrument of writing by which their interest in the thing conveyed is sought to be affected. Therefore, if a man or woman is not an original party to the contract, the term "party" does not apply to that particular man or woman.

The term "natural person" within the U.C.C. is not defined and only appears in two sections, U.C.C. §§ 2A-216, and 2-318, under the category headings of "Third-Party Beneficiaries."

Per U.C.C. 3-303 –

U.C.C. § 3-303. VALUE AND CONSIDERATION.

(a) An instrument is issued or transferred (A) (B) for value if:

(1) the instrument is issued or transferred for a promise of performance, to the extent the promise has been performed;

(2) the transferee acquires a security interest or other lien in the instrument other than a lien obtained by judicial proceeding;

(3) the instrument is issued or transferred as payment of, or as security for, an antecedent claim against any person, whether or not the claim is due;

(4) the instrument is issued or transferred in exchange for a negotiable instrument; or

(5) the instrument is issued or transferred in exchange for the incurring of an irrevocable obligation to a third party by the person taking the instrument.

(b) "Consideration" means any consideration sufficient to support a simple contract. The drawer or maker of an instrument has a defense if the instrument is issued without consideration. If an instrument is issued for a promise of performance, the issuer has a defense to the extent performance of the promise is due and the promise has not been performed. If an instrument is issued for value as stated in subsection (a), the instrument is also issued for consideration.

Rewriting U.C.C. 3-303 by inserting legal definitions and removing the "legalese" –

The purchasing power of an object (utility) in satisfying the needs or desires of human beings calculated in money and the inducement to a contract by any thing sufficient to support a simple contract.

(a) A birth certificate is first delivered to a holder or remitter or has the assignability or negotiability within the instrument that it may pass from hand to hand carrying all rights of the original holder for power of purchasing other objects, if

(1) the birth certificate is first delivered to a holder or remitter or the title held within it is conveyed from one person to another under the Uniform Commercial Code which passes the interest, either directly or indirectly, absolutely or conditionally, voluntarily or involuntarily, and disposes and parts with the property or the interest in the property which includes the retention of title as a security interest, in return for a declaration which binds the sentient being who makes it, in law to do or forbear a certain specific act, and which gives the government to whom made a right to expect or claim the performance of some particular thing, and fulfill its accomplishment of the promise, Social Security contract, or other obligation according to its terms, to the extent the promise has been performed.

(2) the person who receives the transfer [assignment to government for benefit of creditors] acquires an interest in personal property [trade name] that secures the payment of an obligation or other claim, encumbrance, or charge on property for payment of some debt, obligation or duty. It is the qualified right of property which a creditor [Federal Reserve Bank] has in or over specific property [trade name] of his debtor [surety], as security for the [U.S.] debt or charge or for performance of some act. It is the right or claim against some interest in property created by law as an incident of contract. The government has the right to enforce charge upon the property of another for payment or satisfaction of debt or claim in the birth certificate because it has a security interest in the negotiable instrument. [See U.C.C. 9-103]

(3) The birth certificate is first delivered to a holder or remitter [County, State, Federal Government as trustee] or the title held within it is conveyed from one person to another [legal title of trade name held in trust by government] under the Uniform Commercial Code which passes the interest, either directly or indirectly, absolutely or conditionally, voluntarily or involuntarily, and disposes and parts with the property or the interest in the property which includes the retention of title as a security interest as payment of, or as something given by a debtor in order to make sure the payment or performance of his debt is furnished to the creditor with such resource [trade name on birth certificate] to be used in case of failure in the principal obligation, or become a surety or guarantor for government for a prior right [inheritable national debt] to demand as the government's own property against any person [man or woman using the commercial / trade name] whether or not the debt [national debt, taxation on the use of currency] is due.

(4) the birth certificate is issued or transferred in exchange for a different contract with a right of action which is capable of being transferred by indorsement, the person who it is transferred to having a right to sue in his own name on the birth certificate with the trade name.

(5) the birth certificate is issued or transferred in exchange for the incurring of an irrevocable promise of social insurance by the government who takes the instrument to a party not involved in the initial contract.

(b) Any "consideration" to support a simple contract is valid, not necessarily having to be money. Promise and performance may be accepted as "consideration." The maker of the birth certificate with trade name – government – has a defense if the instrument is issued without consideration. If a birth certificate – trade name is issued for a declaration which binds the person who makes it, in law, to do or forbear a certain specific act, and which gives to the government a right to expect or claim the performance of some particular thing [payment of taxes and national debt], the government has a court action to the extent accomplishment of the declaration is due and the declaration has not been fulfilled, as in non-payment of taxes, etc. If a birth certificate – trade name is given to the first holder or remitter [government] for the purchasing power of the object (worth of individual's labor) as stated in subsection (a), the instrument is also issued for estimated tax return from an individual who in return is receiving an advantage, profit, fruit, privilege, gain or interest.

It's Not Money, but "Functional Currency"

The privately-owned Federal Reserve Bank is allowing the "debtors" of America the use of "functional currency," which is considered to be another benefit offered by government. This benefit – the use of "money" – just like certain other government benefits, is TAXABLE because it is the commercial product of the bank.

The paper currency issued by private banks during the exigency of the Civil War created the payment of a premium for it's use, as it was considered to be a privilege. A similar exigency – Proclamation 2039 of March 6, 1933 – is still in place today.

Congress, having undertaken to supply a national currency, consisting of coin, of treasury notes of the United States and of the bills of national banks, is authorized to impose on all state banks, or national banks or private bankers, paying out the notes of individuals or of state banks, a tax of ten per cent upon the amount of such notes paid out.

Julliard v. Greenman, a.k.a. "The Legal Tender Cases, 110 U.S. 421, 446; 28 Sup. Ct. 204, 214 (1884)

Congress taxed the currency used by private banks at a rate of ten percent because the currency was issued by an entity other than government.

Private banks issued the currency during the American Civil War, just as the Federal Reserve Bank – an independent, foreign-controlled bank – is issuing private paper currency during the on-going "national emergency" for Americans today.

CLEARFIELD TRUST DOCTRINE. Governments descend to the level of a mere private corporation, and take on the characteristics of a mere private citizen ... Where private corporate commercial paper [Federal Reserve Notes] and securities [checks] are concerned ... For purposes of suit, such corporations and individuals are regarded as entities entirely separate from government.

The taxation forced upon Americans is for the use of the "functional currency." Ever since the M'Culloch v. Maryland decision in 1819, the United States government has possessed the authority to impose a duty on all discounted bank notes. As a note is considered to be a debt, or "promise to pay," all credits running through an individual's account are, therefore, debts or "promises to pay" the taxes on such [Federal Reserve] notes.

Anyone conducting business under the concept of a corporation or trust is asking the state for a privilege of doing business under the format of limited liability, with the artificial person [corporation or trust] owning both personal and real property. An attorney would be required to represent a corporation or trust in court, as it is a privilege granted and controlled by the state through their agents – attorneys. This is the reason why each man or woman is told to get an attorney when involved in court action. The attorney is representing the commercial trust account of the real man or woman's "person," and not the real man or woman. Attorneys, as agents of the U.N. via treaty law, control the U.S. government.

The Uniform Commercial Code governs each natural person's private commercial affairs, matching almost word for word the Federal Debt Collection Procedure –

§ 1-103. Supplementary General Principles of Law Applicable.

Unless displaced by the particular provisions of this Act, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, Bankruptcy, or other validating or invalidating cause shall supplement its provisions.

The Uniform Commercial Code is an offensive tool used by creditors, or agents of creditors, to recover valid debts under Federal Debt Collection Procedure as shown within the United States Code –

28 USC Sec. 3308 01/26/98

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART VI - PARTICULAR PROCEEDINGS
CHAPTER 176 - FEDERAL DEBT COLLECTION PROCEDURE
SUBCHAPTER D - FRAUDULENT TRANSFERS INVOLVING DEBTS

Sec. 3308. Supplementary provision

-STATUTE-
Except as provided in this subchapter, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause shall apply to actions and proceedings under this subchapter.

If a "natural person" is defending it's position under a contract in court, meaning the defendant is not in agreement with the plaintiff, then the defendant is a guaranty to the contract and is obliged to answer for the debt of some other party. As all court actions are in bankruptcy proceedings, any party in disagreement is automatically in dishonor under UCC and has unwittingly agreed to pay the amount in question. If the "natural person" is in agreement, then as a surety, the "natural person" should be indemnified by the public through the process of damnification via a surety bond.

If a sentient being has a Social Security contract and birth certificate registered with the government, his "person" is considered to be –

a Federal employee
with minimal enforceable rights
laboring under multiple legal disabilities,
locked within a system of contractual financial slavery, while
under a third party donee beneficiary contract,
having his trade name held in trust under an act of war / national emergency,
working for an insolvent corporation, which
is only functioning through bankruptcy by pledging the full faith and credit of the government, thereby
inducing him to be a surety for the debt by being an employee of the government corporation,
who has never obtained control of his own name or employee account, which
still makes him liable for all federal taxes as
his "person" is either "domiciled" or effectively doing business in Puerto Rico,
thereby causing such "person" to be considered a non-resident alien,
UNLESS he files a UCC-1 and security agreement (A) (B) to justify a claim over his property
by expressly declaring under commercial law that he is a secured party creditor,
and knows how to defend himself in admiralty court proceedings against bankrupt debtors.

To show the power that a security agreement possesses, 26 USC Sections 6323 (a) and 6323 (c) shows that the Internal Revenue Service cannot attach property which is listed under such an agreement.

As rights precede government, so we find that now rights are acknowledged above governments and their states, in the case of international law. International law is founded on rights, that is, well-grounded claims which civilized states, as individuals, make upon one another. As governments come to be more and more clearly established, rights are more clearly acknowledged and protected by the laws, and right comes to mean a claim acknowledged and protected by the law. A legal right, a constitutional right, means a right protected by the law, by the constitution; but government does not create the idea of right or original rights; it acknowledges them; just as government does not create property or values and money, it acknowledges and regulates them. If it were otherwise, the question would present itself, whence does government come? whence does it derive its own right to create rights? By compact? But whence did the contracting parties derive their right to create a government that is to make rights? We would be consistently led to adopt the idea of a government by jus divinum, – that is, a government deriving its authority to introduce and establish rights (bestowed on it in particular) from a source wholly separate from human society and the ethical character of man, in the same manner in which we acknowledge revelation to come from a source not human.

Bouvier's Law Dictionary, Right, pp. 2960-2962, 1914.

Solutions

As the people of this country have never thrown off the yoke of England, it has never been revealed how to financially survive within the "artificial" legal system that controls the financial system FROM WITHIN THE SYSTEM.

As Americans are being controlled and attacked through commercial law, the best way for a man or woman to protect himself or herself is through the use of the Uniform Commercial Code and knowledge of admiralty law procedures in bankruptcy situations. However, one must have a good understanding of those in order to defend himself .

If the trust / corporate account representing each individual man or woman is considered to be a "ward" of the State, it is considered to be an "incompetent." The "competent" party to the unilateral government contracts of the birth certificate, driver's license, Social Security, voter registration, etc., is considered to be the State (or appropriate governmental unit), who cannot avoid the contract. As contracts with City, County, State and Federal government are unilateral – only signed by the "incompetent" – these contracts can only be voided by an agent of such municipality – an attorney – who is not going to personally assume the authority for the municipality which would allow a man or woman to void such contracts.

Every "natural person", however, considered as an incompetent, still retains the power to void the contract, unless a guardian (A) has been appointed. A guardian is usually only appointed by court action. However, all "natural persons" have been under the guardianship of the State through implied consent and assent.

The creation and registration of the birth certificate and enrollment in Social Security legally disables each American through a corporate "middleman" called a "strawman," which is a fictional account for every man or woman in this country. The birth certificate passes along inheritable debt without the knowledge of the party named within the birth certificate. Government "assumes" that the individual named in this instrument consents to having their property pledged for the debts of someone else, because nothing to the contrary has ever been submitted to the State in writing.

Under admiralty law, the "person" is ALWAYS considered to be guilty until proven innocent. It is summary judgement under military law. The birth certificate, as a deed of record under seal, silently attests as the fact of the pledged property under any presumption by a court of law until the contrary is shown.

People in America have commercial ties with government through implied contracts and constructive trusts made by parties other than themselves. A birth certificate does not contain the party's actual signature. IF IT IS REQUIRED of each man or woman to individually contract with government, no one has made a direct contract with the County, State or Federal governments. Each man or woman has never negated their implied consent to the implied contract through any express agreement to the contrary.

... It is a rule, that when a matter or thing is expressed, it ceases to be implied by law ...

Bouvier's Law Dictionary, Express, 1856.

For example, in a court case, there are no facts presented to the court unless they are entered into evidence in the evidentiary file. Most people are not aware of this and therefore they present no facts to the court for the court to make a decision upon. In addition, defendants are REQUIRED to file a counter-claim, which they do not do. The officers of the court at this time become mere actors. They have unlimited discretion because there is nothing to tell them what to do. Court cases are also required to be bonded to indemnify the court. 98% of court cases are not bonded by the defendants, however the suits are placed under a blanket bond (see below) by the State through an attorney's bar number, which makes the State the beneficiary of the proceeds even if the defendant wins the suit.

The contracts that are binding on Americans are essentially implied, and have to be examined for their intrinsic or inherent value. Value is established by consideration as found within the Uniform Commercial Code.

§ 3-303. VALUE AND CONSIDERATION.

(a) An instrument [birth certificate] is issued or transferred [passes an interest] for value [worth of object calculated in money] if:

(1) the instrument [birth certificate] is issued or transferred for a promise of performance, [social security insurance] to the extent the promise has been performed; [benefits]
(2) the transferee [State] acquires a security interest or other lien {an interest in real or personal property which secures the payment of an obligation] in the instrument [birth certificate] other than a lien obtained by judicial proceeding; [non-judicial process using the Uniform Commercial Code for collection of Federal debts]
(3) the instrument [birth certificate] is issued or transferred as payment of, or as security [surety] for, an antecedent claim [national debt obligations] against any person [trust or trade name], whether or not the claim is due; [forbearance]
(4) the instrument [birth certificate] is issued or transferred in exchange for a negotiable instrument; [national debt obligations] or
(5) the instrument [birth certificate] is issued or transferred in exchange for the incurring of an irrevocable obligation to a third party [social security benefits to the surety and indemnification to the government] by the person [government] taking the instrument. [birth certificate]

(b) "Consideration" [the inducement to a contract] means any consideration sufficient to support a simple contract [simple contract is one that is not a contract of record and not under seal]. The drawer or maker [State] of an instrument [birth certificate] has a defense if the instrument is issued without consideration. If an instrument is issued for a promise of performance [social security benefits], the issuer [government] has a defense to the extent performance of the promise [social security benefits] is due and the promise has not been performed. If an instrument is issued for value [worth of object calculated in money] as stated in subsection (a), the instrument is also issued for consideration.

As there was no exchange of valuable consideration or money, the instrument – birth certificate – was issued for the consideration of the performance of a promise by payment of antecedent debt. The birth certificate is issued in exchange for Federal Reserve Notes from the Federal Reserve Bank for use by the United States government in order to use each individual man or woman's credit, as the bankrupt entity of the corporate United States has no credit. In this manner, each man or woman can be taxed from a civilly dead account and be forced to be responsible for the debt of the United States.

Money. In usual and ordinary acceptation it means coins and paper currency used as circulating medium of exchange, and does not embrace notes, bonds, evidences of debt ...

Black's Law Dictionary, 5th Ed., Money, p. 906, 1979.

As Federal Reserve Notes do not meet all the criteria of the legal definition of a note, then the debt they represent becomes assignable. As money does not include evidences of debt, the question becomes – what is the value of the consideration given by the government in exchange for what is being received by the government?

Under the majority view, a kind of compromise has evolved. Two kinds of contracts are automatically voidable: executory contracts and contracts based upon grossly inadequate consideration.

Corbin on Contracts, Volume 7, Chapter 27, § 27.11, 2002.

An executory contract is a contract where some future act, promise of performance, is to be done. A contract based on "grossly inadequate consideration" requires restitution. Fourth parties are also taken into view with regard to third party beneficiary contracts. The conscionability or unconscionability of the contract are also taken into effect. Recovery of what was lost may be had through Solutio indebiti or indebiti solutio.

Of course the beneficiary must be identified before he has an enforceable right; but it is not necessary that he should be identified or identifiable at the time the contract is made. (29) It is enough that he be identified at the time performance is due. Thus, if B contracts with A to pay money to A's child, as yet unborn, the child when born can enforce B's promise. (30) Again, if B contracts with A to pay the debts of a certain class that A may owe in the future, A's creditors of that class can enforce B's promise even though it was not until after the contract was made that they became creditors. (31)

Corbin on Contracts, Third Party Beneficiaries, Ch. 41, § 781, When Must the Beneficiary Be Identified, Pt. 5, 1951.

As all lawsuits are held within the confines of commercial courts under bankruptcy proceedings, the people are automatically defaulted to be sureties for their debtors accounts by Rule 2010 of the Federal Rules of Bankruptcy –

(a) Blanket bond

The United States trustee may authorize a blanket bond in favor of the United States conditioned on the faithful performance of official duties by the trustee or trustees to cover (1) a person who qualifies as trustee in a number of cases, and (2) a number of trustees each of whom qualifies in a different case.

This can be overcome by the filing a surety bond or performance bond which would supercede the implied blanket bond of Rule 2010 that is based on Federal Reserve Notes. The exemption referred to in the bond refers to the funded account which is created upon borrowing monies from the Federal Reserve Bank to fund each individual's account in exchange for the birth certificate under U.C.C. § 3-303 (a)(4) and (a)(5), satisfying the requirements of 27 CFR 72.

The reason for this treatise is because, as Americans, we have been duped into giving up our private rights for the benefit of the government because of it's greed. Private property cannot be taxed and MUST be protected by government. Our private property has been monetized by government through the use of commercial law, and has produced a substantial profit for government. However, it is against the law for private property to be taken by government for it's own use without just compensation. Therefore, the reason that the UCC-1 filings and security agreements work are because it forces government to either return title to the property they are using and take it off the public record, or adequately compensate the bona fide owner for its use.

In Closing

Fictional "persons" representing real people –

are created by government under implied contracts,
held in invisible trusts by action of law solely by the acts of the parties,
considered by government to be their employees and therefore federally taxable,
were condemned by a military order of the president of a corporation,
have been supported by the legislation of several Congresses under an on-going pretended financial emergency / bankruptcy,
which has resulted in the pawning of all property held by Americans for the establishment of the United Nations,
which Americans have financially supported by tribute and contributions through "income taxes,"
by way of deceitful contracts with the Internal Revenue Service, the collection and bookkeeping agency of the International Monetary Fund which is the financial arm of the United Nations.

All these actions have been for the creation of a one-world government – the United Nations – through the unwitting voluntary consent of the American people.

René Descartes in his Discourse on Method of 1637, said "I think, therefore I am." Modern-day Americans need to say "I think, therefore I am dangerous."

Part XXVI Home Epilogue

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