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AS NATURE'S GOD CREATED MANKIND and established His Right
therein, then that Mankind exists, compels the presumption juris
et de jure, that Mans' Rights to Live and His Rights to defend
His Life began as a genetic heritage which successfully existed
and operated through Millenniums dating the inception of the Time
Continuum itself; thus all of Mans' Right predate His
Instruments, and Mankinds' Rights to Life, His Rights to defend
His Life, and His Rights of TITLE-TO-SELF have existed long
antecedent to the formation of all constitution, and of all other
such Instruments. See "juris et de jure" Blacks 5th, page 767.
Accordingly, THE PEOPLE are the Lawful Heirs to
Hereditaments, both Corporeal and Incorporeal, by Hereditary
Succession, inclusive of the Highest Titles to those individual
Properties known and described as THE PEOPLE Themselves, Sui
Juris.
Likewise the fact that THE PEOPLE physically exist as Human
Life Forms, clearly establishes Their Rights to Live, Their Self-
Rights of TITLE-TO-SELF, and Their Rights to defend Their Lives
which began, existed, and successfully operated through Their
individual Genetic Linages and Heritages, wherein all such Rights
have existed long antecedent to the formation of any
constitution; consequently, THE PEOPLE are required to make NO
CLAIMS for any so-called "rights" that might have been accidently
enumerated or stipulated to in the Text(s) of any such
Instrument.
As Instruments, Mankind created constitutions, or Social
Contracts or Compacts, thereby created governments. See "Social
Contracts or Compacts", Black's 5th, Page 1246.
PLEASE NOTICE that NO constitution ever provided THE PEOPLE
with Rights that They did not already possess prior to creation
of such Instrument.
Existence and formal recognition of preexistent Rights is
demonstrated throughout The Magna Carta, June 15, 1215; the
Declaration of Rights in Congress, at New York, October 19, 1765;
the Declaration of Rights in Congress, at Philadelphia, October
14, 1774; the Declaration of Independence July 4, 1776; the
Articles of Confederation, November 15, 1777; and the Bill of
Rights inclusive of the Ninth and Tenth Article Amendments,
December 15, 1791, etc.
PLEASE NOTICE that throughout all of the Aforementioned
Instruments, it cannot be proved that THE PEOPLE are subservient
to any conditions of any such Instruments, nor to any conditions
set forth or decreed by any pseudo sovereign.
By the conspicuous absence of Declarations of Subservience,
it must be presumed that the Colonists did not want to forfeit
their Rights to any sovereign, thus those so-called "rights"
that were enumerated or stipulated to in the Texts of Their
Instruments, are in-fact, a series of stringent Power limitations
that operate NOT upon THE PEOPLE, but upon Their governments so
as to hopefully eliminate their traditionally Lawless, inherently
Sleezoid, Criminal Activities. See the Declaration of
Independence as the Colonists' Criminal Indictment against George
III.
IT SHOULD BE NOTICED that no Legislature has ever made ANY
Lawful Act that operates directly on THE PEOPLE at-large, simply
because They do not have the Power to make Such an Act. See
Article I., Section 8.
The Constitution itself is recognized amongst the Laws Of
Nations, as a Common-Law Charter providing, in part, for the
admittance of admiralty Jurisdiction onto the land pursuant to
the Law Merchant (Black's 5th, page 798) within those geographic
limits set forth in Article I., Section 8, Clause 17.
Contracts made pursuant to Such Constitution operate in pari
materia with other Commercial or Mercantile statutes emanating
from the Roman Civil Jurisdictions, which are exercised under
admiralty Jurisdiction in London-Town proper and in Washington,
D.C., etc., where Such contracts are generally identified or
recognized throughout the World under the Laws of Nations
(Black's 5th, page 733), as having been conducted under Flag Law.
See "Flag Law", Black's 5th, page 574. See "Law of Nations" and
"Captures on Land", Article I., Section 8, Clauses 10 and 11,
respectively. See "State Names, Flags, Seals, Songs, Birds,
Flowers, and Other Symbols" by George Earl Shankle, Pf.D., New
York, The H. W. Wilson Company, 1941(?). See Flag Circular, War
Department, The Adjutant General's Office (Government Printing
Office, Washington, D.C., 1925) page 1. See "Army Regulations
Number 260-10, Flags, Colors, Standards, and Guidons, by Order of
the Secretary of War (Government Printing Office, Washington,
D.C. 1926) pages 4 and 5.
PLEASE NOTICE the military <admiralty> flag in every
courtroom.
Article III., Section 1 provides that "The Judicial Power of
the United States, shall be vested in one Supreme court, and in
such inferior courts as the Congress may from time to time ordain
and establish." Article I., Section 8, Clause 9 provides that
"The Congress shall have Power To constitute Tribunals inferior
to the supreme court;" and all such Article I courts operate
solidly within the admiralty Jurisdiction since the Congress and
the United States Itself so operates.
IT SHOULD BE NOTICED that "The judicial Power of the United
States, ..." formed in the admiralty Jurisdiction , is what is
being discussed in THIS portion of the Constitution.
Article III., Section 2. provides that The Judicial Power
shall extend to all Cases , in Law and Equity, arising under the
Constitution, the Laws of the United States, and Treaties made,
or which shall be made, under their Authority; thus the judicial
Power extends:
* to all Cases, affecting Ambassadors, other public Ministers and
Consuls <AT-LAW>;
* to all Cases, of admiralty and maritime Jurisdiction <IN
ADMIRALTY>;
* to Controversies to which the United States shall be a Party
<IN ADMIRALTY>;
* to all Controversies between two or more States <AT-LAW>;
* to Controversies between a State and Citizens of another State
<AT-LAW>;
* to Controversies between Citizens of different States <IN
ADMIRALTY>;
* to Controversies between Citizens of the same State claiming
Lands under Grants of different States <IN ADMIRALTY>; and
* to Cases between a State, or the Citizens thereof, and a
foreign thereof, and foreign States, Citizens, or Subjects <AT-
LAW>.
Only in Cases affecting Ambassadors, other public Ministers
and Consuls, and those in which a State shall be a Party, does
the supreme court have original Jurisdiction <AT-LAW>. In all
other cases, the supreme Court has appellate Jurisdiction, both
as to Law <IN ADMIRALTY> and Fact, with such Exceptions, and
under such Regulations as the Congress shall make.
IT SHOULD BE NOTICED that the Jurisdiction of the supreme
Court is subservient to the legislative branch because Article
III., Section 2 states that "... the supreme Court shall have
appellate Jurisdiction ... under such Regulations as the Congress
shall make.", (pursuant to Article I., Section 8, Clause 9);
therefore, ALL APPEALS ARE APPEALS-IN-EQUITY, MADE WITHIN THE
ADMIRALTY JURISDICTION.
Each constitution FOR each of the several States of the
American Union, embraces the Constitution FOR the United States
of America; thus, each State government is established in
admiralty to regulate Commerce.
Clearly then, whether brought in a State, or in a United
States' court, ANY "appeal" as to Law or Fact filed in ANY
"appellate" court, is being brought in the admiralty Jurisdiction
because an "appeal" in the technical sense, was unknown to the
Common-Law, and it is the name of proceedings for the review of
cases in equity, and in the ecclesiastical and admiralty courts.
See HANDBOOK OF COMMON-LAW PLEADING (Hornbook Series) by:
Benjamin J. Shipman, First Copyright 1894, Last Copyright 1923,
Sections 337-338, page 537.
Then At-Law, the Analog of an "equity appeal" is the Trial
de novo based on filing the Writ-Of-Error. See "trial" Black's
5th, page 1348. See "writs" Black's 5th, page 1441.
Philosophically, the differences between Law and Equity are
precisely those between deductive and inductive thinking.
Deductive logic looks backwards, examining the general facts
leading to a specific set of conclusions; whereas, inductive
reasoning looks in basing its general presumption on a selected
set of few specific facts, upon which It derives Its General
Conclusion, leading to equitable presumption and PRE-VENGE that
is: a sort-of irrefutable revenge in-advance.
Article III., Sectional 2: "The trial of all Crimes, except
in Cases of Impeachment, shall be Jury; and such Trial shall be
held in the State where the said Crimes shall have been
committed; ..."
Apparently there were no plans for United States "crime"
trial.
If this were true, the United States' District Courts would
not have territorial Jurisdiction since such courts do not
legally lie within the "State where the said Crimes shall have
been committed;..."
Correspondingly then, the land upon which such District
Courts were located, would have been PURCHASED BY the CONSENT of
the Legislature of the State in which the Same shall be, for the
Erection of Forts, Magazines, Arsenals, dock-Yards, and other
needful Buildings, in which event, the United States should be
able to produce Its Title to Such Property.
Article I., Section 8, Clause 17 provides that Congress
exercise exclusive Legislation in all Cases whatsoever, over such
courts, presumedly categorized as "needful Buildings" since (some
of the time) they do not actually qualify as Forts. Magazines,
Arsenal, or dock-Yards.
Article III., Section 2: "... but when not committed within
any State, <such crime having been therefore committed in the
United States, in which event> the Trial shall be at such Place
or Places as the Congress may by <ADMIRALTY> Law have directed."
What provides United States' Jurisdiction in admiralty? Is
insurance an admiralty contract?
The fact that PROCEDURES of Law and Equity were merged in
the latter 1930's, does not for a single moment imply that the
statutory laws have superseded and/or replaced those bases of
jurisprudence upon which are predicated, Law, Equity and all
those other Courts of Executive Chancery, no more than
Legislative Enactments or Supreme Court decisions can overturn,
supersede, replace, or unweave the very fabric of the
Constitutional Charters AT LAW, which first created Their very
existence IN the ADMIRALTY Jurisdiction Itself.
As far as the 1938 Erie R.R. decision proclaiming that there
is no longer a general federal Common-Law, We Present that: there
never was "a general federal Common-Law", since the admiralty
jurisdiction has never, cannot, and will never recognize the
Common-Law! Common-Law and admiralty are equal and opposite
Jurisdictions.
IT SHOULD BE NOTICED that nowhere in the Constitution is it
stated that the Supreme Court has the Power to interpret the very
Constitution that created such court, Itself. See "interpret" and
"interpretation" Black's 5th, pages 733 and 734.
Otherwise, it is entirely conceivable for government to
activate a self-destruct mechanism such that the Legislative and
Executive Branches could amend the Constitution in such a manner
as to abolish the Constitution itself. Thereafter, the Supreme
Court, in its "interpretive" and "legislative" capacity, could
uphold such Act by proclaiming It as having been Constitutional!
Think about it.
If one hires an employee under a contract-of-performance,
can the employee unilaterally modify the Said contract by
arbitrarily deciding not to abide by the terms thereof? We
believe not.
PART 3.1
JURISDICTION or WHO OWNS WHOM?
Jurisdiction is purely and simply the Authority or Power to
Act.
When One is exercising Jurisdiction over One's Self or over
One's Property or Liberties, "Jurisdiction" is called "Rights"
which are inclusive of those Liberties permitted within the
limits of the Common-Law.
"LIBERTY. Freedom from restraint. The faculty of willing, and the
power of doing what has been willed, without influence from
without.
Natural liberty is the right which nature gives to all mankind of
disposing of their persons and property after the manner they
judge most consistent with their happiness, on condition of their
acting within the limits of the law of nature and so as not to
interfere with an equal exercise of the same rights by other men.
Burlam. c. 3, Section 15; 1 Bla, Com. 125. It is called by Lieber
social liberty, and is defined as the protection or unrestrained
action in as high a degree as the claim of protection of each
individual admits of.
Personal liberty consists in the power of locomotion, of changing
situation, of removing one's person to whatever place one's
inclination may direct, without imprisonment or restraint unless
by due course of law. 1 Bla. Com. 134; Hare, Const. L. 777."
Bouvier's Volume 2, Page 1964 et seq.
When one is exercising Jurisdiction over Another's Being or
over Another's Rights, Property, or Liberties, "Jurisdiction" is
called "Powers" which INCLUDE ONLY those Powers permitted within
the limits of a voluntary contractual agreement, or by the
results of a Common-Law Suit. See"include" Black's 5th, page 687.
Otherwise, Jurisdiction can be Lawfully acquired ONLY by
Permission of He who has It, and It can ONLY be enforced by
Forces of Arms resulting in either the retention of, or the
forfeiture of, Rights as Property.
Since all of Man has Rights, and since Rights ABSOLUTELY
cannot conflict, Man has established courts to settle differences
between Men who would claim the same Rights at the same time,
Such courts theoretically avoiding some needless Bloodshed in
Man's Trials-of Rights by Battle.
To function as Such, courts require Jurisdiction in the
manner of Authority or Power to act, and Such Jurisdiction is
properly divided into three distinct classifications:
(1) In Personam
(2) Subject-Matter
(3) Territorial (venue), all of which are required to be proved
by the Movant prior to proceeding in any Suit, inclusive of any
Criminal Suit brought by and under any police state powers.
JURISDICTION "The word is a term of large and comprehensive
import, and embraces every kind of judicial action. ... It is the
authority by which courts and judicial officers take cognizance
of and decide case. ... The legal right by which judges exercise
their authority. ... It exist when court has cognizance of class
of cases involved, proper parties are present, and point to be
decided is within powers of court. ... power and authority of a
court to hear and determine a judicial proceeding. ... The right
and power of a court to adjudicate concerning the subject matter
of a given case." Black's 5th, page 766.
Notice the words: "authority", "legal right", "powers" of
court, "power" and "authority" of a court, "right" and "power" of
a court ... .
Rights and Powers are Property, and like water, "authority",
"legal right", and "power", must flow from a Higher Source to a
lower recipient. Put another way: "Authority", "legal right", and
"power" and all other Property is required to be Lawfully
transferred from an Owner (Donor) to a lower recipient (Donee).
See Black's 5th, page 439.
Whom do you suppose provides the "authority", "legal right",
and "power" to a court? The non-existent SOVEREIGN that is
prohibited by Article I, Section 9, Clause 8 and Article I.,
Section 10, Clause 1, or the Party to a "suit of the King's
peace" (Black's, page 1286) in the manner of form of a criminal
Action? CRIMINAL ACTION. "Proceeding by which person charged with
a crime is brought to trial and either found not guilt or guilty
and sentenced. An action, suit,
or cause instituted to punish an infraction of the criminal
laws." Black's 5th, page 336.
The transfer of Jurisdiction ("authority", "legal right",
"power") is based on the events surrounding One's appearance in
ANY court action.
APPEARANCE. "A coming into court by a party to a suit, either in
person or by attorney, whether as plaintiff or defendant. The
formal proceeding by which a defendant submits himself to the
Jurisdiction of the court. The voluntary submission to a court's
Jurisdiction."
Black's page 89.
ATTORNEY AND CLIENT "His first duty is to the courts and the
public, not to the client. And where ever the duties of his
client conflict with those, he owes as an officer of the court in
the administration of Justice, the former must yield to the
latter."
Corpus Juris Secundum Vol. 7, Section 4.
IN THE GENERAL JURISDICTION
Thus if one makes a general appearance in an action, it is
presumed that he has voluntarily appeared to confer general
jurisdiction on to a court; that is: full and complete
jurisdiction is presumed to have voluntarily conferred onto the
judge to act in the capacity of a proper (statutory) judicial
officer.
Under General Jurisdiction, if the Movant in a given Action
happens to be some division of the Executive Branch of
Government, DMV or IRS for instance, and if on Its Own Motion, A
Court decides to proceed against a Nonparticipant Individual, by
presumption of Jurisdiction while absent any actual presentation
of proof of Jurisdiction by the Movant, then during the period of
time that the court acts and answers for the Movant (Prosecutor),
Who would be Acting for The Court, since the tribunal would be
standing Legally Vacant?
Also if the court (Judicially) Acts for the Movant-
Prosecutor (Executive), does it not create Conflicts-Of-Interest
as established by the Seperation-Of-Powers doctrine, and is it
not in Violation thereof? See "Violation", Black's page 1408.
If a judge were Contractually Disable to the Benefit of a
Party to an Action, could the Same Judge Properly sit and Act in
the Capacity of an Independent Judicial Officer?
DISABILITY. "The want of legal capacity. 'Incapacity to do a
legal act.' It would include the resignation of a judge before
signing a bill of exceptions; McIntyre v. Modern Woodman of
America, 200 Fed. 1, 2 C. C. A. 1."
Bouvier's Volume i, Page 876.
If Such Judge were shown to hold ANY License or other
Privilige-Of-State (driver, etc.), it would follow that Such
Judge would also be Personally Subject to the Jurisdiction of
some Executive Branch of government, DMV, for instance; and
because Such Judge were personally subject to the Same
Jurisdiction that the Movant would attempt to enforce upon the
Nonparticipant Individual, Conflicts-Of-Interest would arise by
way of the Seperation-Of-Powers doctrine, sufficient to cause
recusation. See Black's 5th, page 1148.
Likewise, if the Said Judge files for, and/or pays a
California State or a United States' federal income tax ,
pursuant to the Public Salaries Tax Act (1939) et sqq., not only
do Conflicts-Of-Interest arise by way of the Seperation-Of-Powers
doctrine, but there also exists a blatant violation and
abrogation of Article III., Section l wherein:
"... The Judges, both of the supreme and inferior Courts,
shall ... receive for their Services, a Compensation, which shall
not be diminished during their Continuance in Office."
A Judge Who is subject to the jurisdiction of the executive
branch, cannot be impartial in matters concerning such executive
branch. This statement is fully and completely realized in: Lord
et al. v. Kelly et al. Civ. A. 63-932 240 F.Supp 67 at Page 69
(1965).
"The original appearance in this Court by counsel for the
Government was, if not insolent, at least none too respectful.
The brief filed following the Court's adverse decision and asking
for reconsideration thereof, showed more than hurt feelings and
came close to being worthy of a rebuke.
More than once the judges of a court have been indirectly
reminded that they personally are taxpayers. No sophisticated
person is unaware that even in this very Commonwealth the
Internal Revenue Service has been in possession of facts with
respect to public officials which has presented or shelved in
order to serve what can only be called political ends, be they
high or low. And a judge who knows the score the score is aware
that every time his decisions offend the Internal Revenue Service
he is inviting a close inspection of his own returns."
If One were to argue that the Article III prohibition
against diminishing the Judges' Compensation, operates upon
United States' Judges of those inferior Courts (Article I.,
Section 8, Clause 9), which the Congress has from time to time
ordained and established; and that Such prohibition DOES NOT
attach to Judges on the States' Levels; then Such argument
remains to defy the Seperation-Of-Powers Doctrine which is
applicable on ALL Levels and which thereby demands an Independent
Judiciary extending to all Cases, in Law and Equity, regardless.
Just as those Cases brought in the Common-Law Jurisdiction
require the Independent Jury Of-One's-Peers, those Commercial
(Equity-Contract) Cases brought in the admiralty Jurisdiction
pursuant to Enactments and Contracts or Maritime Claims
respectively, require the Independent Judiciary Such that It is
free from Executive, Legislative, and all other external forces,
influences, and imminent manipulations.
Assuming for the Argument, that a court of General
Jurisdiction has been convened within the district wherein the
"crime" shall have been committed, thus satisfying Territorial
requirements; and
assuming that the Nonparticipant Individual, is physically under
the state's arrest, custody, and control (not necessarily
Lawfully), thereby presumably satisfying In Personam
Jurisdictional requirements by Forces of Arms; then there still
remains Subject-Matter Jurisdiction to be proved by the Movant.
Exactly what Insurable Interest does the Movant (plaintiff)
have in a Nonparticipant Individual's Property, such as could
cause attachment of Subject-Matter Jurisdiction over Such
Property? See Insurable Interest". Black's 5th, Page 720.
If One uses One's Own Time and Energy (Property in the form
of One's Nonrenewable resource), to work (kds/dt) as a common-
Right-matter in exchange for Payment (Property in Value of
Exchange); and if One uses Such Property In Value Of Exchange to
buy, say, an Automobile (Property), how does California, for
instance, obtain a legal interest in the Said Automobile,
sufficient that It can regulate, tax, control, and prohibit the
Nonparticipant Individual's free use of His Own(ed) Private
Property?
PROPERTY. "That which is peculiar or proper to any person; that
which belongs exclusively to one; in the strict legal sense, an
aggregate of rights which are guaranteed and protected by the
government. <Cite> The term is said to extend to every species of
valuable right and interest. <Cite> More specifically, ownership;
the unrestricted and exclusive right to a thing; the right to
dispose of a thing in every legal way, to possess it, to use it,
and to exclude every one else from interfering with it. <Cite>
That dominion or indefinite right of use or disposition which one
may lawfully exercise over particular things or subjects. <Cite>
The exclusive right of possessing, enjoying, and disposing of a
thing. <Cite> The highest right a man can have to anything; being
used for that right which one has to lands or tenements, goods or
chattels, which no way depends on another man's courtesy. <Cite>
The word is also commonly used to denote everything which is the
subject of ownership, corporeal or incorporeal, tangible or
intangible, visible or invisible, real or personal; everything
that has an exchangeable value or which goes to makeup wealth or
estate. It extends to every species of valuable right and
interest, and includes real and personal property, easements,
franchises, and incorporeal hereitaments. <Cite>"
Black's Law Dictionary, Revised 4th Edition, page 1382.
From the above definition of "Property", it would appear
that California has somehow managed to become the Legal Owner of
the Nonparticipant Individual's Property .
How then, did California obtain Title to the Said Private
Property?
If California Incorporated were to claim Title to the Public
Rights Of Way. Such Rights-Of-Way would have become Private
Privileges of way.
The Facts remain that these Properties have either
originated as Private Toll Roads or as Highways in the Public
Domain long antecedent to the formation of California itself.
How then did California obtain Titles to the Said Private
and Public Properties?
Now if it were presumed that a "crime" were committed, Who
and Where is the Victim, damaged Party, or Real and actual Party-
of-Interest?
If it is presumed that California, in Its Corporate
Capacity, were somehow damaged by way of some Nonparticipant
Individual's nonadherence to selected Legislative Enactments, how
then was California Incorporated actually damaged and to what
extent?
If it were presumed that an Action be brought in the Name of
the "injured" People of California, Such Action would inevitably
require that:
(1) the attorney General produce the actual and verifiable,
written, Powers-of-Attorney authorizing Him to represent EACH of
ALL of the People of the State of California in His Mass-Action
Criminal Law Suit;
(2) The Nonparticipant Individual has injured EACH of ALL of
the People of the State of California, otherwise there could be
no Cause Of Action;
(3) the Attorney General can produce Actual and Verified
Complaints made by EACH of ALL of the People of the State of
California; and
(4) the attorney general disclose the proposed source of
Jurors if the matter were to go to trail before an "impartial"
jury of the State and district wherein the crime shall have been
committed; in light of the fact that EACH of ALL of the State of
California would have by then become Parties-Of-Interest to the
outcome of Such Legal Mass-Action therefore EACH of ALL of the
People of the State of California could no longer qualify as
"impartial".
From where then, would an Impartial Jury be drawn?
!!! THIS IS WHY One is REQUIRED to volunteer into a GENERAL
Jurisdiction. !!!
The foregoing can occur only under private contract-law
exclusively within the admiralty Jurisdiction as defined in
Article I, Section 8, Clause 17 otherwise the separation of
powers doctrines forbid general application of these anomalies.
From the foregoing it is plainly evident that governments
have no Jurisdiction over THE PEOPLE since THE PEOPLE cannot be
proved to be subject to the Jurisdiction created by Their own
Constitution Charters, and those presumptions that EVERY HUMAN
BEING in this Nation is subject to Enactments of the Legislature
is rebuttable. See Black's Page 1067.
Armed with Discovery and other Implements Of Due Process Of
Law, a belligerent "old time" Nonparticipant Individual might
establish that the whole of California's Subject-Matter
Jurisdiction is limited to repairing the holes in Public Rights-
Of-Way.
<To Be Continued>
NEXT: IN THE SPECIAL JURISDICTION
[Ed. To date, Mr. Medina has not added any additional writings to
this document. This is, therefore, the entire text.]
.................................................................
End: "The Silver Bulletin"
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