I N V I S I B L E C O N T R A C T S George Mercier
FEDERAL RESERVE NOTES [Pages 435-477]
[Certain conventions have been used in converting INVISIBLE CONTRACTS to an electronic medium. For an explanation of the conventions used, please download the file INCONHLP.ZIP for further illumination. Other background information as well is contained in INCONHLP.ZIP. It is advisable to EXIT this file right now and read the contents of INCONHLP.ZIP before proceeding with your study of this file.]
Next, we turn now and address some Commercial debt instruments that just about everyone uses constantly. And when this Commercial paper is used and then recirculated by you, Federal Benefits are being quietly accepted by you and so now subtle contracts are in effect. As COMMERCIAL HOLDERS IN DUE COURSE, you and the King are experiencing mutual enrichment from each other. [577]
[577]============================================================= If there are
HOLDERS IN DUE COURSE, are there also HOLDERS NOT IN DUE COURSE? Certainly
there are. The volume of Contract
The King believes that the mere use of Federal Reserve Notes, those "circulating evidences of debt" [578]
[578]============================================================= Federal Reserve Notes are debt obligations of the United States Government. See Title 12, Section 411. =============================================================[578]
that his Legal Tender Statutes [578]
[579]============================================================= "United States coins and currency (including Federal Reserve Notes and circulating notes of Federal Reserve banks and national banks) are legal tender for all debts, public charges, taxes, and dues. Foreign gold or silver coins are not legal tender for debts." -Title 31, Section 5103 (September, 1982). =============================================================[579]
have enhanced the value of as a co-endorser; and that the mere acceptance and beneficial use of those circulating Commercial equity instruments of debt, constitutes an attachment of Equity Jurisdiction sufficiently related to experiencing Commercial profit or gain in Interstate Commerce as to warrant the attachment of civil liability to his so-called Title 26. Remember, once you get rid of your political contracts to pay taxes (like National Citizenship), Federal Judges will then start examining the record to see if there are any Commercial benefits out there that you have been experiencing. Once you are a Citizen, Federal Judges will generally stop looking for other contracts; but once Citizenship is gone, then other normally quiescent Commercial nexuses that attach King's Equity Jurisdiction suddenly take upon themselves vibrant new importance. [580]
[580]============================================================= So looking inversely at the entire King's Equity pie of taxing hooks that he has got into you, only a totally pure decontamination of yourself away from that multiplicitious array of political and Commercial benefits the King is offering, of all benefits up and down the entire adhesive line of largely invisible juristic contracts, will properly sever yourself away from the adhesive administrative mandates of Title 26. =============================================================[580]
I have thought out this perspective that the King has on this subject matter
over and over again, and based on an analysis of principles, rights,
liabilities, and Cases that surface in Commercial Contract
Furthermore, all factors considered, it is my opinion that the King is not only just basically correct, but that the King is also in a very strong position here, and that Federal Magistrates are not Star Chamber Chancellors when throwing out your civil tax defenses that ignore this invisible and adhesive attachment of King's Equity Jurisdiction, and the strong presumption of your entrance into King's Commerce that the acceptance and beneficial recirculation of Federal Reserve Notes necessarily infers. However, the seminal reason why the King is in such a strong position is only partially related to his SUB SILENTIO aggression against you; the largest reason is because you, by your own default, have accepted the benefits of this Commercial nexus Equity relationship with the King. The King is in a very strong position here under normal circumstances, so you can be perfectly right for 100 reasons in your Income Tax defense, and ignore this last tiny little area in your defense, and lose (assuming that your Case is adjudged on the substantive merits, and not on some technical distraction question).
Under the Common Mercantile
[581]============================================================= PRIMA FACIE EVIDENCE is moderately good and acceptable evidence, although not air tight, and stands as valid unless countermanded. On the other hand, CONCLUSIVE EVIDENCE is strong and very difficult to challenge, and is incontrovertible. =============================================================[581]
that the mere issuance of the Negotiable Instrument itself constitutes the evidence of the receipt and enjoyment of Consideration. [582]
[582]============================================================= Remember
that Consideration is a benefit you enjoy. This PRIMA FACIE EVIDENCE DOCTRINE
is replicated over and over again in numerous books on Contract
This acceptance of Consideration Doctrine is of maximum importance to
understand and appreciate in its placement into the contemporary Income Tax
setting, as this Doctrine has been around for a very long time, and the King is
only now using it for his own enrichment.
The
And if the King has got you accepting the Consideration inherent in Negotiable Instruments that he is a HOLDER IN DUE COURSE to, and that his Legal Tender Statutes have enhanced the value, and additionally retains a distant Equity interest in, then the King has got an invisible contract on you and the King has you plump little turkeys exactly where he wants you: Ripe for a Federal plucking. So to correctly handle this beneficial "use of Federal Reserve Notes" creating a taxing liability story, we need to start out with the basic premise that the King is correct in his assertions, and so are judges in their reasoning; to believe otherwise is to be self damaging, as we have no time to waste with any error in our reasoning.
If you are like most folks, the King has got you accepting his Consideration and financial benefits with your mere use of Federal Reserve Notes, because most folks want to use and want to experience the beneficial enjoyment that widespread acceptance and Commercial use of Federal Reserve Notes brings. But read those words over again carefully, as they also contain the Grand Key for getting out of this Equity Ace our King has neatly tucked up in his Royal Sleeve: The contract that is in effect whenever benefits, conditionally offered, were accepted by you. [583]
[583]============================================================= Yes, the benefits that were accepted by you carried with them invisible hooks of reciprocity, so now, as uncomfortable as the hooks are, contracts are in effect, and Patriot arguments sounding in the Tort of unfairness are not relevant. =============================================================[583]
Examining a profile slice of the tens of thousands of Cases out there
addressing questions of Commercial Contract
So merely filing a Notice of Protest and Notice of Defect will automatically deny the King his coveted and protected Status as being a HOLDER IN DUE COURSE with Federal Reserve Notes, as that protective status applies to you. Remember that in our Pan Am jet leasing example, a PERSON must both want and then use a benefit provided by another party, prior to effectuating an attachment of Equity Jurisdiction strong enough to extract money from, in a judicial proceeding, out of the part in default.
And in addition to outright Consideration, by your Commercial use and
recirculation of Federal Reserve Notes, the King has you strapped into his debt
as an "Automatically Transferred and Joint Obligation Debtor." Under a very
large body of
[584]============================================================= For a
discussion on how the right of a first debtor to come and operate a liability
against a second ripple debtor, back to the first debtor's creditor, see Rabbi
The reason why this debt liability being rippled back up the line a few person
is called "
1.Under Tort
2.When a grievance is under Contract
But properly viewed at the conclusion of the grievance, this
But our King is our adversary in Court, and his attorneys use partially twisted
logic to quiet our exception from taxation arguments, and so their attitude is
a simple "you pay." But important for the moment is your knowledge that your
Commercial use and recirculation of Federal Reserve Notes is properly deemed a
sufficient nexus to the King's Equity Jurisdiction as to effectuate an
attachment of liability for the payment of the King's outstanding debt that he
owes to the Federal Reserve Board, with the amount of your payment being
measured by your net taxable income. Other personal assets are deemed
collateral material as well, but the King's key to effectuate this liability is
our
Question: What if you don't want to accept the benefits of and use of Federal Reserve Notes?
What if you are different? What if you have factual knowledge that the King only got this monopoly on American currency circulation (both gold and silver), not by free market acceptance and competitive universal respect and appreciation for benefits offered by his Legal Tender Statutes, which is the way all Commercial transactions should be based, but rather, through force, duress, coercion, penal statutes, naked physical duress, and literally out of the barrel of a gun: Because guns being drawn is exactly what two remaining private coin mints saw as United States Treasury Agents raided the last diehard private coin mints in California in the late 1800's, and physically destroyed them (but that intriguing Americana history following an act of Congress in 1864 banning private coins as currency is another Letter). But dealing with Private Coin Mints out of the barrel of a gun is only half the story, as our King is usually quite thorough in whatever he decides to muscle in on. The King also dealt with the private circulation of Notes (both bank notes and private company notes that circulated just as if they were currency) through a series of penal statutes going back to the Civil War. [585]
[585]============================================================= Starting
with the LEGAL TENDER
After the Civil War, the King's enactment of currency monopoly statutes paralleled his Private Express Statutes in the sense that private postal companies previously competing with the King were ordered shut down and put out of business at gun point, [586]
[586]============================================================= The Private Express Statutes remain today as Title 38, Sections 601 to 608; and Title 18, Sections 1693 to 1699. =============================================================[586]
and our King sealed himself up a national postal monopoly. No more would be the
days of the 1800's, when many banks and private companies issued and circulated
their own widely accepted currency.
[For example, here in Rochester, New York, some enterprising folks, seeing the escalating rise in postage prices going on in the early 1970's, and detecting that something just wasn't right here due to the wide percentage variance in cost and pricing, promptly went about setting up their own postal company in 1976. They concentrated on Rochester's Central Business District, and offering the lower prices that they did, quickly signed up law firms, banks, accountants, hotels, and the like. Several national magazines featured articles about them, [587]
[587]============================================================= Exemplary
would be
but the King's Agents in the Postal Service, smelling an inexpensive upstart on the block offering cheaper prices and accelerated delivery schedules, quickly threw a Restraining Order Petition at Rochester Postal Service in Federal District Court here. The Petition was granted, with justifying reference being made to the Private Express Statutes of the Civil War Era. On appeal, the Second Circuit in New York City went into a discussion on how the King's right to seal up a national postal monopoly under penal statutes has never been successfully challenged, and remains essentially airtight.] [588]
[588]============================================================= UNITED
STATES POSTAL SERVICE VS. BRENNAN, 574 F.2nd 712 (1978). There were no
non-Commercial Status arguments made by the
But for our purposes here in addressing the attachment of revenue Equity
Jurisdiction by the acceptance and use of Federal Reserve Notes as a HOLDER IN
DUE COURSE. What is important is that it is you, under the
[589]============================================================= See
When one such person, as agent, does an act on behalf of another person, but
without complete authority, the person for whom such act is done may afterwards
adopt the act as if it is done in his behalf, thereby giving the act the same
legal effect as if it had been originally fully authorized. This subsequent
retroactive consent, the effect of which relates back to the time of the
original act and places the Principle in the same position as if he had
originally authorized the act, is called
[590]============================================================= See Notes,
AGENCY --
Under this hypothetical agency relationship, when a person finds that an act has been done in his name or on his behalf, that person must either Ratify it, or in the alternative, disaffirm it. [591]
[591]============================================================= See THE
EFFECT OF
But silence constitutes approval of the act. [592]
[592]============================================================= "Where a
contract has been made by one person in the name of another, of a kind that the
latter might lawfully make himself, and the only defect is the lack of
authority on the part of the person acting, the subsequent ratification of that
contract, while still in that condition, by the person on whose behalf it was
made and who is fully appraised of the facts, operates to cure the defect and
to establish the contract as his contract as though he had authorized it in the
first instance. From this time on, he is subject to all the obligations that
pertain to the transaction in the same manner and to the same extent that he
would be had the contract been made originally by him in person, or by his
express authority. The other party may demand and enforce on the part of the
principle the full performance of the contract entered into by his agent."
-
[593]============================================================= The
And this is why filing an Objection, Notice of Defect and Rejection of Benefits to the King, objecting to your involuntary use of Federal Reserve Notes, carries no retroactive force or effect with it back into preceding years. [594]
[594]============================================================= Variations
on this
It is a Principle of
[595]============================================================= The
underlying Principles associated with the
Remember that to really understand a doctrine, we need to examine it from
manifold trajectories; and in so viewing, from a Judge's perspective, what the
[596]============================================================= For a recent
discussion on the
The application of this
[597]============================================================= I have seen
lower State Courts apply the Principle of
The application of this
[598]============================================================= "The fact that Congress has remained silent..." -JAMES VS. UNITED STATES, 366 U.S. 213, at 220 (1961). The Supreme Court has ruled that when the Congress remains silent on something, then the Judiciary sets the limits -- as silence by the Congress is very significant and presumptuous. Speaking about the INTERGOVERNMENTAL TAXATION IMMUNITY DOCTRINE binding on both Federal and State Juristic Institutions [that I mentioned at the end of CITIZENSHIP]: "Congress may curtail an immunity which might otherwise be implied... or enlarge it beyond the point where, Congress being silent, the Court would set its limits." -HELVERING VS. GERHARDT, 304 U.S. 405, at 411 [footnote #1] (1937). Yes, even the Congress of the United States is held to be accountable for its silence. In footnote number 1 to GRAVES VS. NEW YORK [306 U.S. 466 (1939)], the Supreme Court holds the silence of the Congress in areas of regulating Commerce as determinative of federal policy. In WESTERN LIVE STOCK VS. BUREAU OF REVENUE [303 U.S. 250 (1937)], the Supreme Court discusses the implications of Congressional silence in the field of state taxation of Interstate Commerce and its instrumentalities. Yes, SILENCE is suggestive of intentions in some instances, and everyone without exception (even the Congress of the United States) is held accountable and responsible, at one time or another, for inferences drawn from their silence. ... Even Heavenly Father uses this PRINCIPLE OF NATURE in the continuation of benefits and duties originating under Celestial Covenants by Saints, as silence by Saints individually is deemed to be an automatic extension of the Covenant (only the explicit disavowal of the Covenant can terminate the Covenant, while silencer retains the operation of the Covenant in effect). =============================================================[598]
There is an old
[599]============================================================= See Roscoe Pound in READINGS IN ROMAN LAW, Second Edition, at pages 25 to 26. =============================================================[599]
The situation expressed by that legal truism has been the source of some blurry
confusion in our
[600]============================================================= "The
orthodox doctrine of the law of contracts, particularly the OFFER and
ACCEPTANCE machinery, could not be more familiar to most lawyers. We are long
indebted to Professor
In such cases of negotiated commercial contracts, now there is something here
explicit by which to judge the intention of the parties; but as we shift over
to invisible juristic contracts, where the mere passive conduct of the Offeree
(you and me) is claimed to be an acceptance of benefits by Government, now the
question is more difficult -- as some of the requisite indicia applicable to
[601]============================================================= The problems
associated with
However, rather than Patriots fighting an area of grey where there is some DE
MINIMIS merit to the Government's position, it might be best to simply accept
the application of the
[602]============================================================= For
commentary, see Notes, SILENCE AS ACCEPTANCE IN THE FORMATION OF CONTRACTS, 33
Harvard
So the assertion by the King of his Status as a HOLDER IN DUE COURSE (and therefore normally protected from any defense that you may throw at him via a Federal Judge in an Income Tax grievance) then becomes meaningless: If you first Notice the King out and Object with a Rejection of Benefits, and have so Objected timely. Failure to serve a Notice of Defect on the King is fatal, as without that Objection by you, the King retains his protective HOLDER IN DUE COURSE Status, and with that Status you have absolutely no substantive defense to assert against him.
Question: How do you Object?
In Objecting to Federal Reserve Notes, we need to be mindful of the fact that
Federal Judges normally do not take Judicial Notice of the Federal Reserve Note
equity attachment question. By the end of this Letter, you will see the larger
and more important invisible contracts to be dealt with, if a pure and correct
severance of yourself away from the adhesive siphon of the Bolshevik Income Tax
is to be perfected. Primarily, they search the record for the political
contract of Citizenship, and when Citizenship is found, generally they stop
right there and then. However, if dealing with a
So if three years from now the IRS throws a prosecution at you, and you argue non-attachment of liability to Title 26, so called, based on a pure severance of Equity, then how will you prove what your STATE OF MIND was in 1986, as it pertains to the Federal Reserve Note use and recirculation question? Remember that the claimed STATE OF MIND of a Party is an affirmative defense. The person asserting the defense has the burden to prove its merit, and reasonably so. The King does not have to prove that you entered into the acceptance and beneficial use of Federal Reserve Notes with profitable expectations in your mind. Such a positive, beneficial, and Commercial Federal Reserve Note use assumption is automatically inferred by the Commercial nature of those Notes and the "Public Notice" Status of the King's Title 26 statutes, and so you have to prove the opposite. How are you going to prove what your STATE OF MIND was in 1986? Are you going to subpoena your wife into the Courtroom and ask her to tell the Court what you said three years earlier in 1986?
"Oh, yes. I remember.
Well that is not much, and that is not the kind of an Objection, Notice of Protest, and document STATE OF MIND that the Supreme Court will respect. So what we need to do in order to Object timely, is to file a specific Objection with the Secretary of the Treasury, and simply tell him what your STATE OF MIND is at the present time; and synchronously record that document in a Public Place. Documents written by individuals are often very strong pieces of evidence to prove a person's STATE OF MIND, and will, under some circumstances, directly overrule another person's first-person oral testimony on grounds relating to the PAROLE EVIDENCE RULE (most often such circumstances surface in Probate proceedings in Surrogate's Court when a Will or its Codicil is being contested). If the IRS has a prosecution in gestation against you at the present time here in 1985, and the IRS is moving against you in some manner for the years, say, 1982 and 1983, then filing this Notice of Protest and Objection will have no retroactive effect. Filing this Objection at the present time merely documents your STATE OF MIND at the present time, and so if the IRS moves against you in three years, this preventative step you take at the present time is interesting prosecution annulment material. [603]
[603]============================================================= One should not necessarily feel too depressed over having failed to perform a positive act at some point in the past; a correct understanding of handling factual settings is acquired experientially, and so although knowledge frequently does come too late... "Wisdom too often never comes, and so one ought not to reject it merely because it comes too late." -ROSE VS. MITCHELL, 443 U.S. 545, at 575 (1978). =============================================================[603]
Since the King's Attorney will present some old bank account that you had gotten rid of years earlier, and will conveniently not show your recessions to the Judge at the time the Summons is signed, none of this Status correction material will likely deflect the original initiation of a prosecution itself.
In your Objection and Notice of Protest, we might want to mention that you are using Federal Reserve Notes for minimum survival purposes only, and that even this use is reluctant, because in a previous day and in a previous era, the King used his police powers to seal a monopoly on currency instruments, and so now you have no choice in selecting between different currency instruments to use -- and the involuntary adhesive attachment of Title 26 civil liability that occurs while you are being backed into such a corner, occurs against your will and over your objection. Your STATE OF MIND is not one of beneficial acceptance and enjoyment of Federal Reserve Notes, but one of a forced DE MINIMIS coercion. You are not using Federal Reserve Notes for Commercial profit or gain, but such use is out of practical necessity since the King has physically removed all currency competitors from the marketplace under his penal statutes and literally by physical duress; and so now your use of Federal Reserve Notes is by lack of alternatives to select from, not freedom of choice. By such monopoly tactics, the King is engaging in unfair Trade Practices, which if you or I did the identical same thing, we would be incarcerated for it under numerous Racketeering and Sherman Anti-Trust criminal statutes. Yet the FORCED monopoly of a currency serves no beneficial public interest, [604]
[604]============================================================= Mere declarations by the Congress that their creation of a uniform national benefit constitutes a benefit, does not in fact reverse facts that the damages associated with Congressionally originated money exceed the benefits. The Congress once declared their attitude that their currency monopoly is a benefit for us out here in the Countryside: "In order to provide for the safer and more effective operation of a National Banking System and the Federal Reserve System, to preserve for the people the full benefits of the currency provided for by the Congress through the National Banking System and the Federal Reserve System..." -Title 12, Section 95 (March, 19833). Federal Judges are cognizant of the declaration of Congress that the issuance of a currency by the Congress is considered to be a benefit; but declarations do not change previous factual experiences. =============================================================[604]
and is actually an instrumentality to work MAGNUM damages on us all after the King replaces his initial hard currency later on with a paper currency (which has now happened). Remember that Federal Judges see important benefits in everything the King does, and there are legitimate benefits in having a uniform national currency to pursue Commercial enrichment with -- when those benefits were sought after voluntarily. [605]
[605]============================================================= In VEAZIE BANK VS. FENNO, 75 U.S. 533 (1869), the Supreme Court ruled that it was the Constitutional right of Congress to provide a currency for the whole Country; that this might be done by coin, United States notes, or notes of national banks; and that it cannot be questioned that Congress may Constitutionally secure the BENEFIT of such a currency to the people by appropriate legislation. =============================================================[605]
Judges perceive of those benefits as being related to the Legal Tender status of the King's Currency, among other things. What Federal Judges do not see collectively is that those FRN's possess only those benefits that any widely accepted circulating currency would also offer, and are the same benefits that privately circulating notes and coins did in fact offer here in the United States prior to the Civil War. The King is not entitled to demand taxation reciprocity by merely replacing benefits originating from private mints with benefits originating from the Congress under the cloak, cover, and duress of penal statutes. So by enacting that succession of penal monopoly statutes that shut down competitors, the King has transferred the origin of currency benefits away from private mints and banks, over to himself. A forced uniform national currency serves only the private financial enrichment objectives of the King by getting everyone into Interstate Commerce, among other things, and also serves the objectives of Special Interest Groups who very much want to see the King circulate paper currency expressly for the purpose of perfecting our enscrewment -- if it were not so, the King would not have had to use penal statutes and armed stormtroopers in the 1800's to enforce the acceptance of his currency monopoly LEX. If a single national currency medium did in fact serve everyone's best interest, if everyone wanted to use the King's paper money, then why did the King have to resort to the display of physical force when initiating such a currency monopoly by police powers intervention in the 1800's, and now unilaterally use that monopoly to administratively coerce people into contractual situations they did not otherwise want or enter into?
Therefore, you do not accept any Consideration the King is handing you when Federal Reserve Notes circulate into your possession (and remember that the King's Legal Tender Statutes have very much enhanced the market value of Federal Reserve Notes). And that such use of Federal Reserve Notes is occurring against your will and over your objection and Protest, for, INTER ALIA, want of alternatives, and with the reason why there are no alternatives is due to Federal monopoly penal statutes forbidding such alternatives, and that such a monopoly is an unfair restraint of trade (unfair because it is unnecessary) anyone else gets incarcerated for.
Remember that in dealing with Federal Judges, you need to "hit the nail right on the head," and by rejecting Federal benefits, and then explaining your rejection through chronologically sequential presentations of facts and of reasoned legal arguments; when that has been done, then where once there was a Courtroom hurricane of unbridled retortional ensnortment by Federal Judges, designed to rub in, in no uncertain terms, their strong philosophical disapproval of Tax Protestors -- now suddenly in contrast, everything changes over to a quiescent environment. [606]
[606]============================================================= "Quiescent" means that the environment is at rest, but only for a certain amount of time. =============================================================[606]
Additional objections along the lines that Warburg and his Gremlin brothers in
crime, the
[607]============================================================= "Governments descent to the level of a mere private corporation and takes on the character of a mere private citizen [where commercial instruments are concerned]." - BANK OF U.S. VS. PLANTERS BANK, 22 U.S. 904 (1829). "When governments enter the world of commerce, it is subject to the same burdens as any private firm." - UNITED STATES VS. BURR, 309 U.S. 242 (1939). And the King is very much into Commerce when his Legal Tender Statutes and equity co-endorser statutes [Title 12, Section 411] enhance the value of those negotiable Federal Reserve Notes. =============================================================[607]
and that any other American merchant who pulled off such a gun barrel monopoly
grab would be incarcerated for doing so. Numerous Contract
[608]============================================================= Exemplary
would be, perhaps, the three volume set of TREATISE ON RECESSION OF CONTRACTS
AND CANCELLATION OF WRITTEN INSTRUMENTS by Henry Black (Vernon
Numerous defenses to assert in your Objection and Notice of Protest against the use of Federal Reserve Notes attaching liability to Title 26 due to their Status as circulating Commercial Negotiable Instruments involve both Real [609]
[609]============================================================= Real defenses include those defenses that arise out of the fact that no liability was created in the first place by your involuntary use of Federal Reserve Notes. =============================================================[609]
and Personal Defenses. [610]
[610]============================================================= Personal defenses are those defenses which arise out of the relationship of the parties to each other. =============================================================[610]
Some of the defenses you could claim include undue influence, [611]
[611]============================================================= Undue
influence is generally understood to be the power which one person wrongfully
exercises over another in attempting to control and influence the action of
such other person. Both
absence or failure of Consideration, [612]
[612]============================================================= Remember
that Consideration is a benefit, and mere issuance of the Note itself has
always been PRIMA FACIE EVIDENCE that Consideration (a benefit) was accepted by
the
moral fraud, [613]
[613]============================================================= Either fraud
PER SE or in the alternative, FRAUD IN THE FACTUM can be either Personal or a
Real Defense, depending upon the factual setting (which we will now alter to
favor ourselves).
necessity, unilateral adhesion contract made in restraint of trade, [614]
[614]============================================================= Commercial
bargains made by people are generally deemed to be null and void if made in
conflict of Public Policy, i.e., prostitution, gambling, usury, etc. The King's
monopoly grab on a single national currency is very much contemporary national
Public Policy, so arguing this line in a Contract
economic duress, [615]
[615]============================================================= Duress does
not need to be directly experienced by the party claiming it as a defense, as
duress used by one of the
and the like.
Some of those Objections and statements are milktoast, and will later fall
apart and collapse under attack by the King's Attorneys in adversary
proceedings, and properly so. Reason: The Use and recirculation of Commercial
Federal Reserve Notes necessarily involves a Contract
But for us right now, which Objection reason that we stated, either stands or
falls when under attack later, is not important. And what is important is
denying the King his protective Status as a HOLDER IN DUE COURSE against you
(if the King is a HOLDER IN DUE COURSE, the Principle is that we have no
defenses to assert against him), by filing your NOTICE OF PROTEST and related
corrigendum (meaning filed in an interlocutory state in contemplation of
secondary enhancement or error correction at a later time). But some of those
arguments we listed will survive, as the naked facts surrounding the forceful
acquisition of the King's monopoly on national currency are quite authentic,
and elements can be raised to take the factual setting out of Contract
[616]============================================================= "When governments enter the world of commerce, it is subject to the same burdens as any private firm." -UNITED STATES VS. BURR, 309 U.S. 242 (1939). =============================================================[616]
So the final analysis is not important right now. Getting a general Notice of
Protest documenting the situational infirmities to the other party; invoking
Tort
[617]============================================================= "And honest
Men would be expos'd a ready Prey to Villains, if they were never allow'd to
make use of Violence in Resisting their Attacks."
-THE LAW OF NATURE AND OF NATIONS, by
With the prosecution of Individuals, whose status is near lily white, being sandbagged at low administrative and judicial levels, then such an aggressive retortional atmosphere of confrontation is quite unlikely to occur. But until those circumstances do happen, then let's not badmouth the Judiciary, because as for the past and present, PRINCIPLES OF NATURE rule in the corridors of the United States Supreme Court, to the extent that they are able to apply such majestic Principles to such pathetic factual settings they are frequently presented with -- with petitioners and criminal Defendants who are not entitled to prevail under any circumstances, as contracts are in effect.
Subject to these following qualifications, the filing of this Objection on the involuntary use of Federal Reserve Notes will arrest the movement of the King's Agents in a civil prosecution against you on this particular adhesive attachment of King's Equity Jurisdiction. But the most interesting reason why you now reluctantly use Federal Reserve Notes is yet to come; and it is the one reason the King's Attorneys will never be able to tear apart and get judicially annulled [it will be sandbagged before it gets annulled]. And it is the one reason why even an otherwise reluctant Supreme Court might just respect this Objection, regardless of how irritating it may be for some imps nestled in the Judiciary, since the effect of this one last Objection automatically vitiates the most solemn written contracts ever sealed.
Your Objection might want to contain the following:
1.An historical overview of the gun barrel and penal statute factual setting surrounding the acquisition of a national currency monopoly by the King, with the authorities for your statements being cited; 2.Stating in all of your Objections and Notices of Defects, that your occasional use of Federal Reserve Notes is involuntary, and transpires because you are seeking to avoid being incarcerated as an accessory to the criminal circulation of illegal currency under Federal statutes.
That's right. That is the real reason why you now reluctantly use Federal Reserve Notes: Not because you want to, and not necessarily because of what some Treasury Agents did in California in the 1800's, but because if you now started using your own currency instruments here today in 1985, then the King will incarcerate you for doing so; and therefore we have no choice but to use the King's designated currency against our Will and over our Objection. [618]
[618]============================================================= Is the King
really interested in using penal statutes to enforce a currency monopoly, down
to the present day? Yes, he very much is, and those who deal in that currency
which the King has seen fit to declare illegal in his kingdom will find
themselves dealing with the King's Agents at gun point. ...Being in the United
States felt good to the Braselton Family, who came over here from Manchester,
England in the 1880's. They settled down in rural Georgia, a remote 52 miles
northeast of Atlanta. This was 52 miles from nowhere, in the middle of nowhere.
This was an enterprising family with commercial enrichment being a natural
family attribute. The elder Mr. Braselton borrowed $2,000 and started in
business with his brother at the age of 8 [a great deal of money for those days
when SILVER DOLLARS circulated and $1,500 bought a nice house]. Soon, a farming
supply store opened up, followed by a succession of other stores and business
interests. What was first a single building was now a row of buildings lining
both sides of a street, and surrounded by neighborhoods of residents. House of
Braselton essentially grew into a town unto itself. Today, among the visible
merchant establishments, there are the BRASELTON BANKING COMPANY, the BRASELTON
SUPER MARKET, the BRASELTON FLEA MARKET, the BRASELTON FURNITURE AND APPLIANCE
STORE, the BRASELTON MONUMENT COMPANY, and the BRASELTON SERVICE STATION. The
State of Georgia granted their hamlet political status as a town, and named it
the TOWN OF BRASELTON. After building up a bank and virtually all of the supply
stores in town, the Braselton Family then built a high school for the town's
residents. There is no police department in Braselton, there is no fire
department and no social services -- and, not surprisingly, being no benefits,
there are no taxes to be concerned with. No, looters and Tory Aristocrats never
did succeed in gaining a foothold in Braselton. Over the years from 1880 down
to the present day, the Braselton stores have had their trials and reversals:
They have had an intermittent fire, and in 1920 a tornado leveled many
buildings, but the family always rebuilt. The
Your entrance into that closed, private domain of Interstate Commerce, by the use and recirculation of Federal Reserve Notes (the King's Money), is involuntary by reason of pure physical coercion. Remember that the character of every act you do, and every prospective act you avoid doing, depends upon the documented background circumstances behind which the act is either done or avoided, [619]
[619]============================================================= "The character of every act depends upon the circumstances in which it is done." -UNITED STATES VS. SCHENCK, 249 U.S. 47, at 52 (1918). =============================================================[619]
and your ability to document and prove your STATE OF MIND is absolutely mandatory as a point of beginning: So let's not snicker at Judges as they toss out arguments based merely upon some recollected memory reconstructions from out of the past. If you claim that your involvement with the King in his closed private domain of Interstate Commerce occurred by reason of physical coercion, then the first question a Federal Judge will be asking himself is:
Who coerced you, when did this coercion take place, and what were the background circumstances surrounding the coercion?
What the Judge will then do is to make an assessment of the overall legitimacy
of your claims. Talking about the naked aggression of Treasury Agents in
California in the 1800's is one interesting story out of the past, but talking
about a direct operation of coercion on you today in the 1980's is even better.
Remember that lightly claiming duress and coercion is one easy thing to do, but
proving such coercion is another. Absent a presentation of the King's monopoly
acquisition tactics, of his snuffing out currency (coins, bank notes, and
private paper) competitors in the 1800's, and of his contemporary eagerness to
incarcerate competitors and private currency lone wolves, absent such factual
background material your claims of duress and coercion to invalidate the
Contract
[620]============================================================= One of the
statutory devices used by the King to grab for himself the currency circulating
around the United States was to make it a criminal act for someone to
countersign or deliver to any association, company, or person, any circulating
notes not expressly allowed by the King:
"...That it shall be unlawful for any officer acting under the
provisions of this act to countersign or deliver to any association, or to any
other company or person, any circulating notes contemplated by this act, except
as herein before provided, and in accordance with the true intent and meaning
of this act. Any officer who shall violate the provisions of this section shall
be deemed guilty of a high misdemeanor, and on conviction thereof shall be
punished by fine not exceeding double the amount so countersigned and
delivered, and imprisonment not less than one year and not exceeding fifteen
years, at the discretion of this court in which he shall be tried."
-13 UNITED STATES STATUTES AT LARGE 107, Chapter 106, Section 27
["National Banking Act"], 38th Congress, First Session (1864). Introduced into
the Senate by
The reason why it is to your advantage to talk about these historical aspects and give a Federal Judge a long chronicled history of the King's gun barrel muscle tactics you are objecting to, is because their Federal Benchbook is silent on it (except for numerous 1800's Case quotations), and so very few Federal Judges actually know anything about the currency history of the United States, and when Judges have been confronted with accurate presentations of historical facts, they can and will rule against Government and reverse themselves publicly in Opinions, [621]
[621]============================================================= Such as
happened with
and also quietly in post-Opinion regrets. [622]
[622]============================================================= When the
manuscript to
So giving Federal Judges a more factually detailed presentation of history,
than is carefully given to them in those Government Seminars of theirs,
operates to your advantage. Your use of Federal Reserve Notes, under objection
to avoid incarceration, is the kind of a documented coercion factual setting
that is going to give the Supreme Court something to think about, if the
grievance ever gets to them. This involuntary entrance into King's Commerce by
reason of threat of incarceration severs this civil attachment of Equity
Jurisdiction that is otherwise airtight for those folks not Objecting
substantively and timely [because benefits were rejected and there is now a
FAILURE OF CONSIDERATION], and completes our efforts to convert the basic
Contract
[623]============================================================= Even though Judges may deal with tax enforcement proceedings whose only evidence is the acceptance and recirculation of Federal Reserve Notes on the civil side of their courtroom, you are not free of incarceration by merely getting rid of your Enfranchisements, licenses, and bank accounts that evidences the acceptance of Federal benefits -- benefit acceptance that creates invisible contracts. The IRS specializes in 2039 Summons and DISCOVERY enforcement moves to perfect incarceration through civil contempt proceedings, and the mere absence of a bank account will not protect you from being cited for Contempt of Court and the encagement that follows. =============================================================[623]
That documented involuntary behavior to avoid incarceration is the one magic liability--vitiating line that Judges never deviate from, and that incarceration threat is the kind of an Objection that Judges want to hear, and that is the kind of an Objection that the Supreme Court will respect. But as always, it is the waiver and rejection of Royal benefits that is the most important item to address; and the King's Legal Tender Statutes have very much enhanced the market value and general Commercial attractiveness of those Federal Reserve Notes, so as viewed from the perspective of a Federal Judge, when you accepted and then recirculated Federal Reserve Notes, you have accepted a Federal benefit. [624]
[624]============================================================= Yes, benefits accepted are also the invisible contract into state tax courts: "The simple but controlling question is whether the state has given anything [some type of a juristic benefit] for which it can ask return." -STATE OF WISCONSIN VS. J.C. PENNEY COMPANY, 311 U.S. 435, at 444 (1940). =============================================================[624]
So the King has the requisite standing jurisdiction to use his police powers to seal up monopolies on currency and postal services: But when he threatens to cause those penal statutes to operate against you, the King can then forget about the assertion of any adhesive revenue enhancement Equity Jurisdiction on us, if you will but so much as Object substantively and timely so as to trigger Consideration Failure.
You should remember that filing such an Objection, say next year in 1986, will
only assist you in a future prosecution. If the IRS is going after you today
for 1981 to 1985, then your failure to Object timely was fatal on your part, as
this Federal Reserve Note Objection carries no retroactive force with it.
Remember that the King's throwing a prosecution against you is an adversary
proceeding. If the King's Attorneys make the assertion that you had accepted
and use Federal Reserve Notes (with the long history of Consideration
[As I said in the Armen Condo Letter, in a criminal prosecution setting, it is a general policy custom that the Judiciary requires a much higher evidentiary standard of knowledge of wrongdoing and of Commercial enrichment experienced in the closed private domain of King's Commerce; but as you should see by now, through a strict technical reading of Title 26, no bank accounts are ever needed to perfect a 7203 prosecution. By its own statutory wording, either your documented involvement in Interstate Commerce, over the minimum liability threshold level, or your Citizenship Contract, attaches all civil and criminal liability the King thinks he needs. But Federal Judges do not necessarily think like the King thinks, and in a criminal prosecution for Title 26 infractions, the Judiciary, by custom, would like to see a higher level of administrative and merchant status than the mere use and recirculation of Federal Reserve Notes infers. That higher evidentiary standard that Federal Judges hold was all that I meant in the Armen Condo Letter. And since the Federal Judge had Armen Condo's bank account contracts in front of him, the Constitution then became irrelevant in Armen's RESTRAINING ORDER defense. So, generally, what the Federal Bench wants to see is some type of a contract before they will consent to a criminal prosecution for Title 26 penal infractions. There are exceptions where such instruments of CONCLUSIVE EVIDENCE like bank accounts are not pursued that much, but those exceptions do not apply to you or me. To my knowledge, no one in the United States has ever been incarcerated at any time for any penal infraction of Title 26, with the only evidence being acceptance and beneficial use of Federal Reserve Notes in Interstate Commerce. Evidence of the acceptance and beneficial use of Federal Reserve Notes is quite frequently adduced into criminal prosecutions by the King's Attorneys in the Public Show Trial, but only a collaborating secondary evidence behind serious contracts the IRS quietly gave the Judge in his Chambers before the prosecution even started. This Equity hook the King has up his Royal sleeve (use of Federal Reserve Notes) is generally applicable against you as PRIMA FACIE primary evidence only in the lower evidentiary standards of a free wheeling civil arena.]
So important for us is the filing of the Objection and Notice of Protest, and
filing the objections timely. And each of these Objections should be separate
and distinct from each other (Admiralty/Birth Certificate, Equity/Social
Security, Commercial/HOLDERS IN DUE COURSE, etc.). What happens if the Supreme
Court rules some day of in the future that King's Revenue Equity Jurisdiction
still attaches to involuntary users of Federal Reserve Notes? We will then have
to acquire our rights from our contemporary King the same way
[625]============================================================= Writing to
the French inhabitants of Louisiana, after the American War of Independence was
over with,
We always want to take a moment and examine ourselves in known impending grievances from the viewpoint of our adversary, in order to see things like a judge; and when dealing with an attack on the acceptance and recirculation of Federal Reserve Notes, an argument will likely be advanced to try and discredit your objection:
Your adversary will argue that Federal
[626]=============================================================
that the rights, duties, and liabilities of the United States on Commercial
paper are issues that are to be governed exclusively by federal law, and not
governed by state law. Therefore, your adversaries will argue that your
reliance on the UCC, which are a collection of state statutes, as a source of
authority, is ill-founded and that you are not entitled to prevail. This
argument does not concern us at all, since in reading
"But reasons which may make state law at times the appropriate federal rule are singularly inappropriate here. The issuance of Commercial paper by the United States is on a vast scale and transactions in that paper from issuance to payout will commonly occur in several states. The application of state law, even without the conflict of laws rules of forum, would subject the rights and duties of the United States to exceptional uncertainty. It would lead to great diversity in results by making identical transactions subject to the vagaries of the laws of the several states." [627]
[627]=============================================================
Since the Uniform Commercial Code is just that, i.e., UNIFORM throughout all of
the states except one (Louisiana), having the issuance and Commercial use of
Federal Reserve Notes subject to this uniform code, in the absence of any
federal law to the contrary, is most appropriate. Subjecting the rights and
duties of the United States and it's pet corporation, the Federal Reserve, to
the uniform rules of the UCC to fill in missing gaps in Federal Commercial
[628]============================================================= "... the
federal law merchant, developed for about a century under the regime of SWIFT
VS. TYSON, 16 Peter 1, represented general commercial law rather than a choice
of a federal rule designed to protect a federal right..."
-
State
[629]============================================================= In explaining why state law governed a federal commercial paper question: "While [the] New York statute... is not controlling... [there is] no conflict with any state or federal policy..." -ROYAL INDEMNITY COMPANY VS. UNITED STATES, 313 U.S. 289, at 297 (1940). =============================================================[629]
and so now that leaves Federal Judges making the law. [630]
[630]============================================================= "In the
absence of an applicable Act of Congress, it is for the federal courts to
fashion the governing rule of law, according to their own standards..."
-
Remember that the PRINCIPLES OF NATURE the UCC codifies into sequential
statutes is merely the old
The Principle we invoke when coming to grips with these Federal Reserve Notes
is merely common sense: That a person we are trying to avoid doing business
with (the King) loses his expectation of our conformance to his statutes, when
we place him on our PRIOR NOTICE that Defects are present in the paper he is
circulating, and that we are not accepting the benefits otherwise inuring to
the
[631]============================================================= Nowhere in
Federal statutes does there exist specific language to the effect that
INDIVIDUALS using Federal Reserve Notes are PERSONS attached to the
administrative mandates of Title 26. The reason why we concern ourselves with
this state of affairs is largely of a judicial origin, as Federal Judges are
free to take Judicial Notice of such Supreme Court Cases like EMILY DE GANAY
VS. LEDERER, [250 U.S. 376 (1919)], which held that French Citizens and
residents are liable to pay American Income Taxes by reason of their Commercial
activities taking place over here. However, when we probe for the real bottom
line at a deeper level, the real reason liability exists lies in an operation
of contract. In 1925, the Supreme Court declared that there are two different
types of invisible contracts ("implied contracts"). [The Supreme Court did not
CREATE something new here, as they merely declared in writing what had always
been the structure of Nature in this area of contracts.] One type of contract
recognized exists because of the practical factual elements that arise between
two parties, and there is a structure in the factual background where there has
been an exchange of Consideration. Another type are implied contracts that
exist as a matter of express declared