Admiralty Special Maritime Exposed

THE SECRET OF THE
SPECIAL MARITIME JURISDICTION

OF THE UNITED STATES
EXPOSED
REVEALING THE MOST REPUGNANT FRAUD
EVER PERPETRATED ON THE PEOPLE OF
THE UNITED STATES OF AMERICA
A BRIEF DISSERTATION EXPOSING
THE TRUE NATURE AND CAUSE
OF MODERN CRIMINAL
ACCUSATIONS
by
VALIANT LIBERTY
COPYRIGHT BY VALIANT LIBERTY 2001

ALL RIGHTS RESERVED
-------------------PERMISSION TO COPY, PUBLISH, REPRINT AND DISTRIBUTE IN ANY MEDIUM IS
EXPRESSLY GRANTED ON THE CONDITION THAT THIS ARTICLE BE
REPRODUCED IN ITS ENTIRE, COMPLETE, AND UNEDITED
VERSION AND THAT ACKNOWLEDGMENT BE
GIVEN TO VALIANT LIBERTY
---------------------CAVEAT DISCLAIMER:
This work is in no way to be construed as legal advice or as a course of action.
It is not written by Attorneys. If the reader wants advice, he should hire
an Attorney. The article is presented as a work of fiction
for entertainment purposes only.
Woe unto you also, you lawyers;

for you lade men with burdens grievous to
be borne, and you yourselves touch not the
burdens with one of your fingers.
Luke 11:46
Woe unto you, lawyers!

For you have taken away the key of
knowledge:
you entered not in yourselves, and them
that were entering in you hindered.
Luke 11:52
THE SECRET OF THE SPECIAL MARITIME JURISDICTION OF THE UNITED STATES EXPOSED
2 / 46
THE SCOPE OF THE FRAUD

The trials and tribulations that many people accused of criminal offenses
are a direct result of not understanding the nature and cause of the accusation. The
end result of this lack of knowledge and understanding is that the United States
and the States have the largest prison population in the world and execute the most
people. Lives and families are destroyed. Family farms are stolen by unscrupulous
judges and attorneys. Hard-working folks who have done no wrong have lost their
homes and savings and have been reduced to a state of poverty by an encounter
with the American system of injustice. The horror stories are limitless. This author
believes that this lack of understanding is the result of the dumbing down of
America, a part of a scheme devised and orchestrated by foreign and domestic
enemies of the people of the United States of America, not the least of which are the
American Bar Association and the various State Bar Associations which sprang
from England. These Bar Associations have concocted a Luciferian scheme bringing
the maritime jurisdiction onto the land and the scheme undoubtedly includes every
member of every bar association up to the dishonorable justices of the Supreme
Court. These foreign and domestic enemies of the people of the united States of
America are believed by many, including the author, to have schemed for years, at
least since the founding of our nation, to establish a total takeover of not only our
country, but the entire planet and to enslave the people in their demonic quest to
establish a One World Government or New World Order created out of the chaos
of the destruction of Liberty and to be founded upon the ruins of the principles on
which our once great nation was established and with the slave labor supplied by a
once free, self sufficient and proud people.
Yes, Virginia, there is a conspiracy. There is a conspiracy by attorneys to
steal everything that you have and to make you a slave. The members of the bar
have bestowed honors, privileges and immunities upon themselves in direct
violation of the very constitutions that they have sworn an oath to uphold so they
can steal with impunity. They have defecated on the principles of law and justice.
This author has personally witnessed them laugh about their license to steal when
referring to their membership in the bar. Lawyers have infiltrated and taken
control of the legislatures so they can enact laws for their own unjust enrichment.
For the most part, they occupy or control the offices of the executive branches of the
governments of the several states so they can sign the legislative enactments into
law. They absolutely control the judicial branch so they can adjudicate and enforce
the laws and divide the spoils among themselves. They control the banks so they
can launder their ill-gotten gains. These zealous advocates of injustice will strip you
of everything of value you have if they are given the least opportunity. If you hire
one to help you out of a scrape with the law, for the most part, you will end up in
prison while your lawyer is sipping margueritas on the beach in Cancun, paid for
with your money. Your ex-wife might even be with him. Only if you have as much
money as T. Cullen Davis or O.J. Simpson once did, might you be able to buy
3 / 46
yourself some justice. The justice these two colorful characters bought for
themselves cost them their fortunes, but they evaded imprisonment and possible
execution for a price paid in money.
Most people dont have the financial resources with which to bribe the
members of the bar, so they languish in prison while the lawyers take what little
property they had, plus a bonus from the State for their services. When you go
into a court accused of a crime, and are inclined to hire a lawyer or accept a court
appointed lawyer to help you out, remember that the lawyer is being paid by the
STATE and is licensed by the STATE, the judge is licensed and paid by the STATE,
the jury is licensed and paid by the STATE (they at least have driver licenses, dont
they?), the prosecutor is licensed and paid by the STATE. If the judge orders a
psychological evaluation to determine if you are competent to stand trial, the
psychobabelist is also licensed and paid by the STATE. The cop that accused you
and who will testify against you is licensed and paid by the STATE. If you are tried
and sentenced to death, the cleric who comes to pray for your miserable soul before
the execution is licensed and paid by the STATE. The guy who sticks the needle in
your arm for the euthanasia is licensed and paid by the STATE. After they inject
you with poison, the doctor that pronounces you dead is licensed and paid by the
STATE. Could there be a hint of conflict of interest here? If the reader has ever had
any experience with the modern criminal injustice system, the term contempt of
court has taken on a whole new meaning for him.
The lawyers fill the prisons with people who have injured no one but are
convicted of statutory crimes of a maritime jurisdiction. Prisons are filled with
people whose only crime was to be in possession of a substance that they, the
lawyers, have declared to be illegal. Good parents are separated from their children
for attempting to discipline them, or because of divorce. Fathers are in prison
because they cannot pay the court ordered child support; it is blatantly
imprisonment for debt. People are in prison for exercising their presumed right to
keep and bear arms. People are routinely thrown in jail for non-jailable traffic
offenses and the Supreme Court in Atwater v. City of Lago Vista, #99-1408, (Apr. 24,
2001) has said it is OK. People are jailed every day for such heinous offenses as not
wearing a seat belt or not paying a motor vehicle registration fee. America, the
land of the slave and the home of the fee, has more people in prison and more people
on death row than any other country in the world, and new prisons are being built
every day. And in order to keep these new prisons filled beyond capacity, the
various lawyer-controlled legislatures are busy enacting more and more new
statutory maritime crimes.
Woe be unto you if you dont pay a tax that is presumed to be due. If you dont
pay up, the zealous advocates of injustice will drag you into their secret maritime
jurisdiction on the presumption of a tax debt and steal your bank account, your car,
your home and anything else they can find. You may even go to prison. If you resist
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too much or know too much, they will send their minions, the police, to assassinate
you in broad daylight with impunity. The lawyers protect their obedient minions.
These police agencies, whose motto is to protect and serve, get away with murder
on a routine basis. Yes, they do protect and serve their masters, the lawyers, very
well. This is why this essay must be spread far and wide as quickly as possible. The
word must get out. The attorneys will stop at nothing to keep the scheme of their
maritime jurisdiction secret. One advantage that the people have is that the rats
are not yet totally in control of the Internet. Please use it; if you have a web page,
please post this article. Another advantage that the people have is numbers; there
are more of us than there are of them. The greatest advantage that the people have
is the truth. The lawyers fear it; they go to extraordinary lengths to suppress it. If
you want to know what fear smells like, find a judge after you read this article and
explain what you are about to learn from the succeeding pages. Mail copies of this
article to every lawyer, judge, legislator and sheriff you can, if you know of any who
can read. Let the pungent odor of fear waft across the land. They know that once
the truth escapes it cannot be held back and once again covered with darkness, at
least not for several generations. When they are exposed, they will be powerless and
vulnerable. People eventually recognize the truth; the truth is light, and the
darkness flees from the light. The American people still have a sense of justice, and
the lawyers especially fear justice.
How have they gotten away with the fraud for so long and managed to keep
secret the maritime jurisdiction that has come onto land? The answer is; because
the lawyers also control the fourth estate and institutions of religion and learning.
The news media aids and abets the Esquires by suppressing the truth and
perpetrating lies. It is a form of Orwellian mass mind control. The people are
constantly fed a stream of propaganda through the network news, the newspapers,
the public schools, colleges and universities (all lawyer controlled), and most
especially, the incorporated 501(c)3 churches. Like all other corporations these
churches are controlled by lawyers. The corporations that the people work for aid
and abet the lawyers by perpetuating the false truths in their corporate policies.
The subliminal messages transmitted are the lies that America is a free country,
slavery is abolished, America is the great land of opportunity, there is separation of
church and state, and good Americans and especially good Christians should
submit to the government; it is the patriotic Christian thing to do. These themes
never cease; they are constantly bombarded and ingrained into the psyche of the
people. Hitler recognized in his work, Mein Kampf that if you told a lie and repeated
and reinforced it often enough, the people would begin to accept the lie as a truth.
The bigger and more outrageous the lie the better. After a period of time, when the
lie is sufficiently programmed into the psyche of the national consciousness and is
accepted as truth, the human mind does a remarkable thing. If the truth is then
presented, it will be rejected as a lie. The psychobabelists have recognized this
phenomena and describe it as cognitive dissidence. This cognitive dissidence can be
compared to programming a computer; if you program lies and false information
5 / 46
into the computer, it will spew out lies and false information or just lock up
completely and cease to function. Junk goes in; junk comes out. This cognitive
dissidence is powerful and difficult to overcome. Your authors have struggled to
overcome it for years.
Another method very successfully used by the lawyers to keep their secret
under the cover of darkness is the age-old strategy of sending their minions to
infiltrate, divide and conquer any organization of people banding together to resist
the present tyranny of the injustice system. The authors have personally witnessed
the effectiveness of this strategy. The minions of the Esquires sent to infiltrate
patriot organizations are intelligent, skillful and highly trained in the arts of
deception and betrayal. They are people of likable personalities, who are able to
gain trust, induce people into offending some maritime penal regulation and set
them up for prison. The most active or successful patriots are the ones on the top
of the list to be targeted. They must be beaten into submission or neutralized,
sometimes with extreme prejudice; witness the fate of Gordon Kahl. Some of these
infiltrators are undoubtedly honest people that have run afoul of a maritime penal
regulation and have caved in to the pressure put on them by lawyers and their
minions to inform on others in order to avoid incarceration. Some do it purely for
money. Others are agents of the lawyers who travel the patriots circuit holding
seminars and disseminating false information and sure fire remedies guaranteed
to be the proverbial magic bullets. Many good people have lost their property and
liberty pursuing these false remedies sold by patriots for profit who are paid by the
attorneys to lie and then double dip into their victims pocket by selling the false
information. And then there are other patriots holding seminars who truly believe
that they have the answer, and end up in jail after an attempt to apply their own
theory. It is understandable how one can fall victim to a false patriot for profit
scheme. Your authors have been victims of some of these schemes. People that run
afoul of the American system of injustice are so desperate for some relief that they
become easy targets of opportunity. Live and learn. The age-old warning of caveat
emptor should be applied to this instant article. Do your own research and check it
out. Education, however it is obtained, is usually expensive. Hopefully, most folks
learn by their mistakes.
But the dawn is near; the sun is rising. The path traveled by those seeking
the truth of the fraud has been a long and arduous journey. It passes through a
jungle growing over the hollow remnants of many small businesses, the ruins of
family farms, the shells of homes once occupied by close-knit families, and passes by
dead bodies and graves marking the way. The path to truth has been filled with
stumbling blocks seemingly insurmountable and many forks lead to false trails.
Many who have started down the path have found the journey so difficult that they
have turned back. Others, more determined and of stronger character have perished
along the way. A great debt is owed to those who have blazed the trail before us and
marked at least part of the way, marked false trails and removed some of the
6 / 46
stumbling blocks. Without the knowledge that they have gained to be built upon,
your authors would have never discovered what they have.
This article is not the work of any one man. It is the accumulated work of
many. It is the culmination of many pieces of a giant puzzle that has been
assembled with Divine intervention. The authors sincerely believe that the timing
of this revelation of fraud is keyed to the timetable of the Creator. His plan for the
destiny of mankind and the Universe has existed from the beginning, and the Plan
is nearing the final stages of execution. The lawyers are soon to suffer the woes
described in the Gospel of Matthew, Chapter 23. The secular judges are soon to be
judged by the Judge of the Universe. How can they defend themselves? You may be
assured that most of all they live in fear of their own judgment before the Supreme
Judge. They are responsible for their own actions as observed by one jurist in the
case of Robin v. Hardaway, 1 Jefferson 109; 1 Am Jur 2d 14: A legislature must not
obstruct our obedience to Him from whose punishments they cannot protect us.
THE SIXTH AMENDMENT
The key to the fraud hinges on understanding the 6th Article of Amendment
of the Constitution of the United States. The discussion begins with the text as
follows:
In all criminal prosecutions, the accused shall enjoy the right
to a speedy and public trial, by an impartial jury of the State and
district wherein the crime shall have been committed, which district
shall have been previously ascertained by law, and to be informed of
the nature and cause of the accusation; to be confronted with the
witnesses against him; to have compulsory process for obtaining
witnesses in his favor, and to have the Assistance of Counsel for his
defense. [Emphasis added].
The key words in the emphasized portions are ALL and SHALL. All implies
that there is more than one criminal jurisdiction. Shall makes the enjoyment of
the right to be informed mandatory. The information or indictment must state the
nature and cause in plain language that is understood by the accused. Many victims
accused of offenses against the STATE or UNITED STATES have found themselves
in prison and all their assets forfeited for lack of understanding of the nature and
cause of the accusation.
The Supreme Court has held:
There are no common law offenses against the United States. Only
those acts which Congress has forbidden, with penalties for
disobedience of its command, are crimes. United States v. Hudson &
7 / 46
Goodwin, 11 U.S. (7th Cr.) 32 (1812); United States v. Coolidge, 14 U.S.

(1 Wheat.) 415 (1816); United States v. Britton, 108 U.S. 199, 206
(1883); United States v. Eaton, 144 U.S. 677, 687 (1892).
Actions to recover penalties imposed by act of Congress generally but
not invariably have been held not to be criminal prosecutions. Oceanic
Navigation Co. v. Stranaham, 214 U.S. 320 (1909); Hepner v. United
States, 213 U.S. 103 (1909); United States v. Regan, 232 U.S. 37 (1914).
Contempt proceedings, which were at one time not considered to be
criminal prosecutions, are no longer within that category. Compare In
re Debs, 158 U.S. 564 (1895), with Bloom v. Illinois, 391 U.S. 194
(1968).
WHAT IS THE NATURE OF THE ACCUSATION?
If common law crimes against the United States do not exist, what kinds of
crime do exist against the United States? Article III, Section 2 provides for four
different jurisdictions, law, equity, admiralty, and maritime. By process of
elimination, we can automatically rule out law by virtue of the above Supreme
Court holdings. Equity is defined as Justice administered according to fairness as
contrasted with the strictly formulated rules of common law. The term equity
denotes the spirit and habit of fairness, justness, and right dealing which would
regulate the intercourse of men with men. (See Blacks 6th). Equity deals with
fictions, like corporations. . . . Since it is common knowledge that law and equity
have been combined and are virtually indistinguishable from each other, and that
anyone who has witnessed criminal proceedings in the courts easily recognizes
that these criminal or quasi-criminal accusations are most usually contrary to
the spirit and habit of fairness and justness and right dealing of men with men.
Therefore, the cause of action cannot be in equity.
Admiralty is defined in Bouviers 1856 edition as: the name of a jurisdiction
which takes cognizance of suits or actions which arise in consequence of acts done
upon or relating to the sea; or, in other words, of all transactions and proceedings
relative to commerce and navigation, and to damages or injuries upon the sea. 2
Gall. R. 468. Blacks 6th edition observes that: the terms admiralty and maritime
are virtually synonymous.
Bouviers 1856 edition defines Maritime Cause as:
1. Maritime causes are those arising from maritime contracts,
whether made at sea or on land, that is, such as relate to the
commerce, business or navigation of the sea; as, charter parties,
affreightments, marine loans, hypothecations, contracts for maritime
service in building, repairing, supplying and navigating ships,
contracts and quasi contracts respecting averages, contributions and
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jettisons; contracts relating to marine insurance, and those between

owners of ships. 3 Bouv. Inst. n. 2621.
2. There are maritime causes also for torts and injuries committed at
sea.
3. In general, the courts of admiralty have a concurrent
jurisdiction with courts of law, of all maritime causes: and in
some cases they have exclusive jurisdiction. [Emphasis added].
As long ago as 1851 the Supreme Court recognized that the Congress has the
power to extend the jurisdictions of admiralty and maritime causes to the land
under the commerce clause and deprive the people of the right of a trial by jury. The
following holding by the high court pretty much says it all:
This power [of admiralty jurisdiction] is as extensive upon land as
upon water. The Constitution makes no distinction in that respect.
And if the admiralty jurisdiction, in matters of contract and tort which
the courts of the United States may lawfully exercise on the high seas,
can be extended to the lakes under the power to regulate commerce, it
can with the same propriety and upon the same construction, be
extended to contracts and torts on land when the commerce is between
different States. And it may embrace also the vehicles and
persons engaged in carrying it on. It would be in the power of
Congress to confer admiralty jurisdiction upon its courts, over
the cars engaged in transporting passengers or merchandise
from one State to another, and over the persons engaged in
conducting them, and deny to the parties the trial by jury. Now
the judicial power in cases of admiralty and maritime jurisdiction, has
never been supposed to extend to contracts made on land and to be
executed on land. But if the power of regulating commerce can be
made the foundation of jurisdiction in its courts, and a new
and extended admiralty jurisdiction beyond its heretofore
known and admitted limits, may be created on water under
that authority, the same reason would justify the same exercise
of power on land." Propeller Genessee Chief et al. v. Fitzhugh et al. 12
How. 443 (U.S. 1851)
The very next year, in 1852, the Supreme Court warned that this admiralty
or maritime threat to Liberty was encroaching on the land and morphing itself into
an air-breathing creature just as a harmless tadpole transforms itself into a frog,
and this is a really ugly frog. If you had never seen a tadpole gradually go through
this miraculous process, you might never believe that such a transformation could
occur, changing a harmless water-breathing creature into an air-breathing
predator.
9 / 46
Next to revenue (taxes) itself, the late extensions of the

jurisdiction of the admiralty are our greatest grievance.
The American Courts of Admiralty seem to be
forming by degrees into a system that is to overturn
our Constitution and to deprive us of our best
inheritance, the laws of the land. It would be thought
in England a dangerous innovation if the trial, of any
matter on land was given to the admiralty" Jackson v.
Magnolia, 20 How. 296 315, 342 (U.S. 1852)
Has the Congress expanded this admiralty and maritime jurisdiction? The
answer is a definite and emphatic yes. One only need examine the codification at
Title 18 of the United States Code, Section 7:
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES
CHAPTER 1 - GENERAL PROVISIONS
Sec. 7. Special maritime and territorial jurisdiction of the United States defined
The term ''special maritime and territorial jurisdiction of the
United States'', as used in this title, includes:
(1) The high seas, any other waters within the admiralty and maritime
jurisdiction of the United States and out of the jurisdiction of any
particular State, and any vessel belonging in whole or in part to
the United States or any citizen thereof, or to any corporation
created by or under the laws of the United States, or of any State,
Territory, District, or possession thereof, when such vessel is within
the admiralty and maritime jurisdiction of the United States and out of
the jurisdiction of any particular State.
(2) Any vessel registered, licensed, or enrolled under the laws of the
United States, and being on a voyage upon the waters of any of the
Great Lakes, or any of the waters connecting them, or upon the Saint
Lawrence River where the same constitutes the International
Boundary Line.
(3) Any lands reserved or acquired for the use of the United States, and
under the exclusive or concurrent jurisdiction thereof, or any place
purchased or otherwise acquired by the United States by consent of the
legislature of the State in which the same shall be, for the erection of a
fort, magazine, arsenal, dockyard, or other needful building.
(4) Any island, rock, or key containing deposits of guano, which may, at
the discretion of the President, be considered as appertaining to the
United States.
(5) Any aircraft belonging in whole or in part to the United States, or
any citizen thereof, or to any corporation created by or under the laws
of the United States, or any State, Territory, district, or possession
thereof, while such aircraft is in flight over the high seas, or over any
10 / 46
other waters within the admiralty and maritime jurisdiction of the

United States and out of the jurisdiction of any particular State.
(6) Any vehicle used or designed for flight or navigation in space and
on the registry of the United States pursuant to the Treaty on
Principles Governing the Activities of States in the Exploration and
Use of Outer Space, Including the Moon and Other Celestial Bodies
and the Convention on Registration of Objects Launched into Outer
Space, while that vehicle is in flight, which is from the moment when
all external doors are closed on Earth following embarkation until the
moment when one such door is opened on Earth for disembarkation or
in the case of a forced landing, until the competent authorities take
over the responsibility for the vehicle and for persons and property
aboard.
(7) Any place outside the jurisdiction of any nation with respect to an
offense by or against a national of the United States.
(8) To the extent permitted by international law, any foreign vessel
during a voyage having a scheduled departure from or arrival in the
United States with respect to an offense committed by or against a
national of the United States.
-SOURCE- (June 25, 1948, ch. 645, 62 Stat. 685; July 12, 1952, ch. 695,
66 Stat. 589; Pub. L. 97-96, Sec. 6, Dec. 21, 1981, 95 Stat. 1210; Pub. L.
98-473, title II, Sec. 1210, Oct. 12, 1984, 98 Stat. 2164; Pub. L. 103322, title XII, Sec. 120002, Sept. 13, 1994, 108 Stat. 2021.)
The broad language of Title 27, Code of Federal Regulations, Part 72.11
makes almost all crimes whether or not they are Federal or States crimes
commercial crimes. In the Propeller Genessee Chief, supra, it was revealed that
admiralty courts have jurisdiction over interstate commerce, so it would follow that
the crimes listed in 27 CFR 72.11 are cognizable in an admiralty or maritime court,
and such are commercial courts. The relevant part of the text is as follows:
Commercial crimes. Any of the following types of crimes (Federal or
State): Offenses against the revenue laws; burglary; counterfeiting;
forgery; kidnapping; larceny; robbery; illegal sale or possession of
deadly weapons; prostitution (including soliciting, procuring,
pandering, white slaving, keeping house of ill fame, and like offenses);
extortion; swindling and confidence games; and attempting to commit,
conspiring to commit, or compounding any of the foregoing crimes.
Addiction to narcotic drugs and use of marihuana will be
treated as if such were commercial crime.
In the Ebsworth & Ebsworth lecture of 1994, infra, Proctor Wiswall states:
Congress has been repeatedly held by the Court to have the power to extend the
admiralty and maritime jurisdiction by statute, and Congress has repeatedly
11 / 46
exercised that power; (see e.g., The "Lottawana", 88 U.S. 558 (1875); also Panama
Railroad v. Johnson, 264 U.S. 375 (1924)).
What many of the victims accused of maritime crimes dont realize is that
admiralty and maritime jurisdictions were merged with the law and equity
jurisdictions in 1966 (See: Federal Rules of Civil Procedure, notes to Supplementary
Rules for Certain Admiralty and Maritime Claims). All four causes of action (or
natures of the cause) which were once separate and distinct are now rolled into one
set of rules and indistinguishable from one another in our modern courts. Federal
Rules of Civil Procedure, (FRCP) Rule 1 provides that: These rules govern the
procedure in the United States district courts in all suits of a civil nature whether
cognizable as cases at law or in equity or in admiralty with the exceptions stated in
rule 81. Rule 2 provides that: There shall be one form of action to be known as
civil action. FRCP Rule 9(h) provides in part: If the claim is cognizable only in
admiralty, it is an admiralty or maritime claim for those purposes whether so
identified or not. FRCP Rule 38(e) provides that: These rules shall not be
construed to create a right to a trial by jury of the issues in an admiralty or
maritime claim within the meaning of rule 9(h).
Well now, arent the rules revealing. Maybe this explains why the judge can
amend or reverse a jury verdict, or even jail the jurors for contempt if they dont do
what the judge tells them to do. It has happened. The jury is just there for window
dressing to make the sheep think that there is a trial by jury. Law, equity,
admiralty and maritime, the once separate and distinct jurisdictions are now neatly
rolled into one set of rules, tried in the same courtroom with the same judge, on the
same docket and with nothing to distinguish the different jurisdictions from one
another.
If the criminal accusations that plague Americans today are not in the
jurisdictions of common law or equity, they must be in admiralty or maritime
jurisdictions. And though admiralty and maritime jurisdictions are virtually
indistinguishable, Bouviers definition of a Maritime cause as those arising from
maritime contracts whether made at sea or on land fits the bill.
For the sake of illustration, lets take time to consider the condition of
military personnel. When a young man enlists in the armed forces, he signs an
enlistment contract that binds him to the law of the Code of Military Justice. This
Code of Military Justice (COMJ) cannot apply to civilian folks who are not
contracted. Under the COMJ, the accused is guilty until proven innocent. If the
accused wishes to defend himself, he is put into the position of trying to prove a
negative, a virtual impossibility, e.g., he is put into the position of proving that he
did not do something. The military court or court-martial, where these military
cases are tried, is a legislative criminal court established under the legislative
power of the congress to regulate the armed forces. Their jurisdiction is entirely
12 / 46
penal 1 An action upon a penal statute is defined as: an action for the recovery of a
penalty given by statute. In a broad sense, the term has been made to include all
actions in which there may be a recovery of exemplary or vindictive damages; an
action in which the judgment against the defendant is in the nature of a fine or is
intended as a punishment. and disciplinary. The word penal is inherently a much
broader term than criminal since it pertains to any punishment or penalty and
relates to acts which are not necessarily delineated as criminal. Military personnel
are subject to court-martial penalties because they are under a maritime contract.
Did you ever notice that Texas has a Code of Criminal Procedures, but not
one criminal law? Thats right, there is no Criminal Code and not one criminal law
in Texas, but, there is a Penal Code that is just chock full of offenses and more are
being added every time the legislature convenes. And if you have done battle in the
Texas court system, you will have noticed that the courts dont follow the Code of
Criminal Procedure very well. If you make enough noise, they will give it a little bit
of lip service, but the judges mostly ignore it. The courts have held:
Power of punishment is vested in the legislature, not in the judicial
department, it is the legislature, not the court, which is to define a
crime, and ordain his punishment. U.S. v. McClain, 545 F.2d 988,
rehearing den. 551 F.2d 52, (5th Cir. 1977).
The legislature may declare that the doing of certain acts, shall
constitute the offense of sodomy, and may ignore, if it sees fit, the
common law elements of the offense. Slusser v. State, 232 SW2d 727,
1949.
Under Texas law, no act or omission is a crime unless made so by
statute. Dawson v. Vance, 329 F.Supp. 1320, (D.C.Tex. 1971).
The Legislature may create an offense and in same enactment, provide
exceptions to its application. Williams v. State, 176 SW2d 177,
Tex.Cr.App., 1943.
In summary and according to the courts, the legislature defines crimes, can
create a crime, while ignoring the common law elements of a crime and mandate the
punishment for the crime it creates. There is no crime unless it is created by the
legislature. All of this certainly flies in the face of the common law rule that there
must be an injured party for a crime to exist. These creations of the legislature are
1
Blacks 6th ed. defines a Penal action as a civil action in which a wrongdoer is subject to a fine or penalty payable
to the aggrieved party. The word penal is inherently a much broader term than criminal since it pertains to any
punishment or penalty and relates to acts which are not necessarily delineated as criminal. Action is essentially
penal if amount sought to be recovered is arbitrarily exacted for some act or omission of the defendant.
13 / 46
most certainly maritime crimes. The Texas legislature has certainly exercised its
power to extend the maritime jurisdiction.
CADET CUSTERS COURT-MARTIAL
The story of George Armstrong Custers court-martial is a case on point. In
1861, as a young cadet in West Point, Mr. Custer struck an officer and knocked him
to the ground. He was immediately arrested, tried before a court martial and found
guilty of the offense. Custer was about to be sentenced to 15 years of hard labor.
Before sentencing, Custer addressed the court and asked why the sentence was so
severe, it was only a friendly fist fight. The court explained to Custer that the
sentence imposed was mandated by the Articles of War, which provided at Article 9:
Any officer or soldier who shall strike his superior officer, or draw or
lift up any weapon, or offer any violence against him, being in the
execution of his office, on any pretense whatsoever, or shall disobey
any lawful command of his superior officer, shall suffer death, or such
other punishment as shall, according to the nature of his offense, be
inflicted upon him by the sentence of a court-martial. (2 Statutes at
Large 259).
The court went on to explain that Custer, as a cadet had signed the Articles
of War when he was admitted to the academy and was bound to the punishment.
The court felt that the punishment was suitable to the nature of the offense and
quite merciful under the circumstances. Custer expressed confusion and stated that
he didnt know anything about these Articles of War and didnt have any
recollection of signing them. This statement put the officers of the court-martial in a
frenzy. They immediately adjourned the court to inspect the enrollment records.
Sure enough, they found that Custer had not signed the Articles of War. When the
court was reconvened, the judge ruled that the case is dismissed for lack of subject
matter jurisdiction. Custer was then ordered to sign the Articles of War or
discontinue his education at West Point. The fate of Custer was determined by the
want of a signature.
In this trial, Custer was afforded the right of allocution. Allocution is the
formality of a courts inquiry of a defendant as to whether he has any legal cause to
show why judgment should not be pronounced against him on conviction (See:
Blacks 6th). In this case, Custer was able to show cause as to why he should not be
sentenced and save himself from being imprisoned and possibly hanged. When
Custer denied having signed the contract, the burden of proof was shifted because of
his rebuttal of the presumption that the contract existed. Custer was freed because,
without the contract, the court-martial did not have subject matter jurisdiction to
execute the sentence. Custer may have known what he was doing by demanding the
right of allocution, which is alive and well today, but I doubt it. The authors believe
14 / 46
he was just lucky and stumbled and bumbled into the remedy. This story is a fact of
history. It is also a fact of history that Custer did not learn much from the courtmartial because he later disobeyed orders by not waiting for reinforcements at a
place called Little Big Horn, a place where his luck left him. Moral of the story is: if
the lawyers dont get you the Injuns will.
The right of allocution is an ancient right rooted in the English common law
and cannot be denied. The Supreme Court has held in Green v. United States, 365
U.S. 301 (1961):
The design of Rule 32 (a) did not begin with its promulgation; its legal
provenance was the common-law right of allocution. As early as 1689,
it was recognized that the court's failure to ask the defendant if he had
anything to say before sentence was imposed required reversal. See
Anonymous, 3 Mod. 265, 266, 87 Eng. Rep. 175 (K. B.). Taken in the
context of its history, there can be little doubt that the drafters of Rule
32 (a) intended that the defendant be personally afforded the
opportunity to speak before imposition of sentence. We are not
unmindful of the relevant major changes that have evolved in criminal
procedure since the seventeenth century - the sharp decrease in the
number of crimes which were punishable by death, the right of the
defendant to testify on his own behalf, and the right to counsel. But we
see no reason why a procedural rule should be limited to the
circumstances under which it arose if reasons for the right it protects
remain. None of these modern innovations lessens the need for the
defendant, personally, to have the opportunity to present to the court
his plea in mitigation. The most persuasive counsel may not be able to
speak for a defendant as the defendant might, with halting eloquence,
speak for himself. We are buttressed in this conclusion by the fact that
the Rule explicitly affords the defendant two rights: "to make a
statement in his own behalf," and "to present any information in
mitigation of punishment". We therefore reject the Government's
contention that merely affording defendant's counsel the opportunity
to speak fulfills the dual role of Rule 32 (a). See Taylor v. United
States, 285 F.2d 703.
However, we do not read the record before us to have denied the
defendant the opportunity to which Rule 32 (a) entitled him. The single
pertinent sentence - the trial judge's question "Did you want to say
something?" - may well have been directed to the defendant and not to
his counsel. A record, certainly this record, unlike a play, is
unaccompanied with stage directions which may tell the significant
cast of the eye or the nod of the head. It may well be that the defendant
himself was recognized and sufficiently apprised of his right to speak
15 / 46
and chose to exercise this right through his counsel. Especially is this
conclusion warranted by the fact that the defendant has raised this
claim seven years after the occurrence. The defendant has failed to
meet his burden of showing that he was not accorded the personal
right which Rule 32(a) guarantees, and we therefore find that his
sentence was not illegal.
However, to avoid litigation arising out of ambiguous records in order
to determine whether the trial judge did address himself to the
defendant personally, we think that the problem should be, as it
readily can be, taken out of the realm of controversy. This is easily
accomplished. Trial judges before sentencing should, as a matter of
good judicial administration, unambiguously address themselves to the
defendant. Hereafter trial judges should leave no room for doubt that
the defendant has been issued a personal invitation to speak prior to
sentencing. GREEN v. UNITED STATES, 365 U.S. 301 (1961).
The U.S. Fifth Circuit Court of Appeals, in U.S.A. v. Myers, 1998, expanded
further on this holding of the Supreme Court:
Rule 32(c)(3)(C) of the Federal Rules of Criminal Procedure states that
the court must, before imposing sentence, address the defendant
personally and determine whether the defendant wishes to make a
statement and to present any information in mitigation of the
sentence.
Initially, we must decide whether Myers was, in fact, denied the socalled "right of allocution" secured him by Rule 32. We review de novo
whether a district court complied with a Federal Rule of Criminal
Procedure. U.S. v. Scott, 987 F.2d 261, 264 (5th Cir. 1993). The
government contends that Myers was indeed afforded his allocution
rights because (1) the court invited Myers to explain why the firearm
enhancement should not apply, and (2) through defense counsel, Myers
was able to argue that he had cooperated with the government and
that he was a minor participant in the conspiracy. Further, the
government contends that a remand is, in any case, not warranted
since Myers received the lowest sentence possible. We reject the
government's arguments as meritless.
First, we observe that thirty-seven years ago the Supreme Court, in
Green v. United States, 365 U.S. 301 (1961), we rejected the argument
that a defendant's right of allocution may be satisfied through his
counsel. In Green the court stated:
The most persuasive counsel may not be able to speak for
a defendant as the defendant might, with halting
16 / 46
eloquence, speak for himself. We are buttressed in this

conclusion by the fact that the Rule explicitly affords the
defendant two rights: "to make a statement on his own
behalf," and "to present any information in mitigation of
his sentence." We therefore reject the Government's
contention that merely affording defendant's counsel the
opportunity to speak fulfills the dual role of Rule 32(a).
As the Supreme Court recognized, Rule 32 envisions a personal
colloquy between the sentencing judge and the defendant. See
U.S. v. Anderson, 987 F.2d 251, 261 (5th Cir. 1993); U.S. v. DominguezHernandez, 934 F.2d 598, 599 (5th Cir. 1991). The arguments of
Myers's counsel therefore did not satisfy Rule 32.
Second, the court's two questions to Myers regarding the firearm
enhancement were patently inadequate to meet the plain requirements
of Rule 32. By its own terms, Rule 32 mandates that a defendant
be given the opportunity "to make a statement and present any
information in mitigation of sentence." FRCrP 32(c)(3)(C).
(Emphasis added). The court questioned Myers merely to confirm that
there was a factual basis for the firearm enhancement. Those esquires
were not even an arguable attempt to give Myers the broad-ranging
opportunity to speak embodied in Rule 32. See, e.g., U.S. v. Sparrow,
673 F.2d 862, 864 (5th Cir. 1982); see also, U.S. v. De Alba Pagan, 33
F.3d 125, 129 (1st Cir. 1994).
We also reject the government's assertion that, because Myers received
the lowest sentence possible, a remand for resentencing would be a
useless act. We pretermit discussion of that issue, however, until the
next section.
In sum, in order to satisfy the command of Rule 32(c)(3)(C), the court,
the prosecutor, and the defendant must at the very least interact in a
manner that shows clearly and convincingly that the defendant knew
he had a right to speak on any subject of his choosing prior to the
imposition of sentence.
De Alba Pagan, 33 F.3d at 129, citing Green, 365 U.S. at 304 -05.
Buttressed by our own independent review of the record, we reject the
government's claim that Myers was afforded his Rule 32 right of
allocution.
We now must turn to a question left undecided by the Supreme
Court in Green: whether denial of a defendant's Rule 32 right
17 / 46
of allocution requires an automatic reversal and remand for

resentencing, or whether such an error can be deemed
"harmless" if the record shows that, regardless what the
defendant might have said in his own behalf, the court would
not have imposed a lower sentence. The government implicitly
contends that a harmless error analysis should apply when it urges
that "remand is not warranted because there is no possibility that a
lower sentence would have been imposed by the district court." Citing
our decision in Dominguez-Hernandez, the government maintains that
remanding Myers's case for resentencing would therefore be a "useless
bow to procedural nicety. Dominguez-Hernandez, 934 F.2d at 599.
The government misconstrues Dominguez-Hernandez, a case which, we
must observe, entirely refutes the government's position. In
Dominguez-Hernandez, we reaffirmed the settled principle that "[i]f
the district court fails to provide the [Rule 32] right of
allocution, resentencing is required". Dominguez-Hernandez, 934
F.2d at 599, citing U.S. v. Posner, 868 F.2d 720, 724 (5th Cir. 1989)
(Emphasis added). We remanded for resentencing even though the
defendant (1) had not raised the error to the district court, and (2) did
not even assert that, on resentencing, he wished to exercise his right of
allocution. Dominguez-Hernandez, 934 F.2d at 599. It was in view of
the latter point in particular that we observed remand could "well be a
useless bow to procedural nicety." Id. Nonetheless, we found that
failure to afford the defendant his allocution rights necessitated
remand; our precedents dictated, and continue to dictate, such a result.
See, e.g. , U.S. v. Anderson, 987 F.2d 251, 261 (5th Cir. 1993); U.S. v.
Sparrow, 673 F.2d 862, 864-65 (5th Cir. 1982).
Because it is apposite to Myers's case, we add that a remand is
necessary even when the judge's comments, at the sentencing hearing
or elsewhere, indicate that the judge would remain unmoved in the
face of anything the defendant has to say. See Sparrow, 673 F.2d at
865...6. The right of allocution embodied in Rule 32 does not exist
merely to give a convicted defendant one last-ditch opportunity to
throw himself on the mercy of the court. To be sure, one important
function of allocution is "to temper punishment with mercy in
appropriate cases, and to ensure that sentencing reflects
individualized circumstances." De Alba Pagan, 33 F.3d at 129. But the
practice of allowing a defendant to speak before sentencing, which
dates back as far as 1689 to the case of Anonymous, 3 Mod. 265, 266,
87 Eng.Rep. 175 (K.B. 1689), has symbolic, in addition to functional,
aspects. As a sister Circuit has observed, "[a]ncient in law, allocution is
both a rite and a right. ...[A]llocution has value in terms of maximizing
18 / 46
the perceived equity of the [sentencing] process." De Alba Pagan, 33

F.3d at 129 (citations and internal quotes omitted). The right of
allocution, then, is one "deeply embedded in our jurisprudence"; both
its longevity and its symbolic role in the sentencing process counsel
against application of a harmless error analysis in the event of its
denial. Id.
The district court was well within its discretion in rejecting the 51.1
motion and also, as we will below demonstrate, in subjecting Myers to
the firearm enhancement. See discussion infra Part II. All we say,
however, is that Myers should have been invited to speak freely in his
own behalf prior to sentencing. A hypothetical observer to the
proceedings, then, would have been left with no doubt that Myers's
sentence reflected the sentencing court's considered judgment about
the gravity of his individual participation in the drug conspiracy. Such
benefits, although perhaps intangible, could have been bought at the
relatively cheap cost of complying with the simple, clear language of
Rule 32(c)(3)(C). As we have already observed, the burden of such
compliance falls upon the sentencing court, and not upon the convicted
defendant. See Dominguez-Hernandez, 934 F.2d at 599.We recognize
that our holding today puts us at odds with some of our sister Circuits.
For example, the Fourth, Sixth and Ninth Circuits apply some
variation of harmless error analysis to the denial of a defendant's Rule
32 allocution rights. See, e.g., U.S. v. Cole, 27 F.3d 996, 999 (4th Cir.
1994); U.S. v. Riascos-Suarez, 73 F.3d 616, 627 (6th Cir.), cert. denied ,
117 S.Ct. 136 (1996); U.S. v. Leasure , 122 F.3d 837, 840 (9th Cir. 1997),
cert. denied , 118 S.Ct. 731 (1998) . On the other hand, the First
Circuit, in De Alba Pagan, supra, squarely held that such an error
could not be harmless. De Alba Pagan, 33 F.3d at 129, see also U.S. v.
Patterson, 128 F.3d 1259, 1261 (8th Cir. 1997), citing U.S. v. Walker,
896 F.2d 295, 301 (8th Cir. 1990).
For the foregoing reasons, we AFFIRM the district court's application
of the firearm enhancement, but we VACATE Myers's sentence
because of the district court's failure to accord Myers his Rule 32 right
of allocution. We must therefore REMAND FOR RESENTENCING.
The right of allocution is alive and well in Texas. It may be a right, but not
necessarily a rite as elucidated by the 5th Circuit Court of Appeals. According to
the Texas Courts, the defendant must take the initiative and demand the right to
the rite of allocution himself before sentencing. The Texas courts hold:
The trial court does not err in failing to grant the defendant his right of
allocution, where, even though the record shows that the mandatory
question was not asked by the trial court, there are no objections to the
19 / 46
courts failure to inquire of the defendant if he had anything to say as

to why the sentence should not be pronounced against him, and where
there is no contention that any of the statutory reasons set forth to
prevent the pronouncement of sentence ever existed. Hernandez v.
State, (App. 9th Dist. 628 SW2d 145, (1982)).
When the record is silent on the subject [allocution] and there is no
showing to the contrary, it will be presumed on appeal that the
requirement was complied with. Johnson v. State, (1883) 14 App. 306;
Bohannon v. State (1883) 14 App. 271.
Where there is no objection in trial court that defendant has been
denied right of allocution, no error is shown on claim that recitation in
formal sentence that defendant was asked by court whether she had
anything to say why sentence should not be pronounced against her is
not supported by transcription of court reporters notes. Tenon v. State
563 SW2d 197, (1978).
The old clich that if you dont know what your rights are, you dont have any
seems to be the order of the day in Texas Courts. Those living in other states might
want to do some research on the holdings of their respective courts concerning
allocution.
THE REQUIREMENT TO REVEAL THE NATURE AND CAUSE
The author has made, and has witnessed others make, numerous demands
for bills of particular and more definite statements to determine the nature and
cause of these penal offenses that we sometimes find ourselves charged with. It is
enough to say here that the sliminess, stonewalling and just plain blatant
viciousness of the courts and prosecutors in their attempts to conceal the true
nature and cause of the accusation can be astonishing. . . . The 6th Amendment
makes this right to know the nature and cause mandatory. Why are they (judges
and prosecutors) so bent on concealing this mandatory information? The Supreme
Court has held:
The constitutional right to be informed of the nature and cause of the
accusation entitles the defendant to insist that the indictment apprise
him of the crime charged with such reasonable certainty that he can
make his defense and protect himself after judgment against another
prosecution on the same charge. United States v. Cruikshank, 92 U.S.
542, 544, 558 (1876); United States v. Simmons, 96 U.S. 360 (1878);
Bartell v. United States, 227 U.S. 427 (1913); Burton v. United States,
202 U.S. 344 (1906).
20 / 46
No indictment is sufficient if it does not allege all of the ingredients

that constitute the crime. Where the language of a statute is, according
to the natural import of the words, fully descriptive of the offense, it is
sufficient if the indictment follows the statutory phraseology, but
where the elements of the crime have to be ascertained by reference to
the common law or to other statutes, it is not sufficient to set forth the
offense in the words of the statute. The facts necessary to bring the
case within the statutory definition must also be alleged. Potter
v. United States, 155 U.S. 438, 444 (1894). United States v. Carll, 105
U.S. 611 (1882).
If an offense cannot be accurately and clearly described without an
allegation that the accused is not within an exception contained in
the statutes, an indictment which does not contain such allegation is
defective. United States v. Cook, 84 U.S. (17 Wall.) 168, 174 (1872).
Despite the omission of obscene particulars, an indictment in general
language is good if the unlawful conduct is described so as reasonably
to inform the accused of the nature of the charge sought to be
established against him. Rosen v. United States, 161 U.S. 29, 40 (1896).
The right to notice of accusation is so fundamental a part of procedural
due process that the States are required to observe it. In re Oliver, 333
U.S. 257, 273 (1948); Cole v. Arkansas, 333 U.S. 196, 201 (1948); Rabe
v. Washington, 405 U.S. 313 (1972).
Article VI of the Constitution of the United States mandates that all the
judges of every State are bound to the supreme Law of the Land and all judicial
officers shall take an Oath or Affirmation to support the Constitution. The office of
judge is an office of public Trust under the Constitution and this trust creates a
duty and obligation on the judges. This author submits that every judge in every
local, State, and Federal court is in breach of the duty to reveal the nature and
cause of their quasi criminal, maritime penal charges that they are misrepresented
to the people to be crimes in common law.
FRAUDULENT CONCEALMENT
All this brings us to the topic of fraudulent concealment. A few of the
definitions of fraudulent concealment provided by the Texas Courts are:
Party having superior knowledge who takes advantage of anothers
ignorance of the law to deceive him by studied concealment or
misrepresentation can be held responsible for that conduct. Fina
Supply, Inc. v. Abilene Nat. Bank, 726 S.W.2d 537, 1987.
21 / 46
Knowing failure to disclose material information necessary to prevent

statement from being misleading, or making representation despite
knowledge that it has no reasonable basis in fact, are actionable as
fraud under Texas law. Rubinstein v. Collins, 20 F.3d 160, 1990.
Party in interest may become liable for fraud by mere silent
acquiescence and partaking of benefits of fraud. Bransom v. Standard
Hardware, Inc., 874 S.W.2d 919, 1994.
When circumstances impose duty to speak and one deliberately
remains silent, silence is equivalent to false representation. Fisher
Controls International, Inc. v. Gibbons, 911 S.W. 2d 135, 1995.
When a person sustains to another a position of trust and confidence,
his failure to disclose facts that he has a duty to disclose is as much a
fraud as an actual misrepresentation. Blanton v. Sherman Compress
Co., 256 S.W. 2d 884, 1953.
There are literally hundreds of similar holding by U.S. and Texas courts if
one cares to go look in the library. There are some people who would call this
fraudulent concealment of the nature and cause of the accusation treason.
CLEAN HANDS AND FICTITIOUS PLAINTIFFS
When a prosecuting attorney brings a cause of action to court accusing some
poor soul with a crime in the secret maritime jurisdiction, he (or at least his client)
needs standing to sue. All cases in law, equity, admiralty or maritime, are now
classified as civil actions. Civil maritime and admiralty actions require a contract
between the plaintiff and defendant for the plaintiff to have standing to sue. For the
plaintiff to have standing and for the court to have jurisdiction of the subject
matter, there must be in existence a bona fide contract binding the accused into the
criminal maritime jurisdiction and the lawyer rat had better be able to get it
properly into evidence. This is the foundation of the venue jurisdiction and the
subject matter jurisdiction of the court. Under the doctrine of clean hands, relief
will not be granted to a party, who as an actor, seeks to set the judicial machinery
in motion and obtain some remedy, if such party in prior conduct has violated
conscience or good faith or other equitable relief. One seeking relief cannot take
advantage of ones own wrongdoing.
The plaintiffs attorney (prosecutor) is representing the STATE OF TEXAS,
or the UNITED STATES, both corporations. If you dont believe the STATE OF
TEXAS is a corporation, look up Article XI, Section 1 in the Texas Constitution; it is
all clear enough. [The several counties of this State are hereby recognized as legal subdivisions of the State.]
22 / 46
If you dont believe that the UNITED STATES is a corporation, it is right there in
Title 28 USC 3002 (15)(A). The prosecuting attorney is representing a corporation, a
fictitious plaintiff, and bringing a maritime claim on the presumption that a
maritime contract exists between the STATE OF TEXAS and the defendant, or
more correctly, the ignorant victim. The ignorant victim does not know that this
presumption even exists, does not know that the cause of action cannot be in the
common law because a crime in law requires a corpus delecti, that is to say, the
body of the crime or an injured party, and a corporation cannot be the body of the
crime or an injured party because it is artificial, a fiction. Trust the author on this,
there is plenty of well-settled authority, but it will not be cited here in the interests
of brevity while covering the essentials. Because of constant government
indoctrination and the lasting effects of cognitive dissidence, the fact that the cause
is of a maritime nature is beyond the poor victims comprehension. The ocean is a
long way from Kansas, Dorothy! So how could the accused victim of an alleged
offense committed on the land end up in a maritime court and be bound to a
presumed maritime contract?
The attorneys for the plaintiff are prosecuting the suit in maritime
jurisdiction without evidence entered into the record of the contract binding the
Petitioner to the maritime law. Without such contract the trial court is wholly in
want of subject matter jurisdiction and venue jurisdiction. The doctrine of unclean
hands applies to the attorneys for the plaintiff. The courts have held:
It is old hat that a court called upon to do equity should always
consider whether the petitioning party has acted . . . with unclean
hands. Texaco Puerto Rico, Inc. v. Department of Consumer Affairs, 60
F.3d 867, 880 (1st Cir. 1995). This consideration is rooted in the maxim
that "he who comes into equity must come with clean hands." Precision
Instrument Mfg. Co. v. Automotive Maintenance Mach. Co., 324 U.S.
806, 814 (1945).
Under the doctrine of unclean hands, a court may refuse to grant
equitable relief to a plaintiff who has been guilty of unlawful or
inequitable conduct regarding the issue in dispute. Lazy M Ranch, Ltd.
v. TXI Operations, LP, 978 S.W.2d 678, 683 (Tex. App. 1998)
It is well settled that a party seeking equity cannot come into a court
with unclean hands. Schenk v. Halliday Real Estate, Inc., 803 S.W.2d
361, 366 (Tex. App. 1990)
The findings show fraud on [the part of the party seeking legal
subrogation]. He does not come into court with clean hands, and is
therefore not in a position to invoke the equitable principles upon
23 / 46
which legal subrogation rests. Rotge v. Dunlap, 91 S.W.2d 905, 908

(Tex. App. 1936)
Applying to legal subrogation the maxim that "one who seeks equity
must come into court with clean hands., Christian v. Manning, 59
S.W.2d 234, 237 (Tex. App. 1933), and see: Bell v. Franklin, 230
S.W.2d 181, 185 (Tex. App. 1921) (same).
PRESUMPTIONS
A presumption is an inference in favor of a particular fact; a rule of law,
statutory or judicial, by which finding of a basic fact gives rise to existence of the
presumed fact, until the presumption is rebutted. It is a legal devise, which
operates in the absence of other proof to require that certain inference be drawn
from the available evidence. A presumption is an assumption of fact that the law
requires to be made from another fact or group of facts found or otherwise
established in the action. A presumption is not evidence. A presumption is either
conclusive or rebuttable. Every rebuttable presumption is either a presumption
affecting the burden of producing evidence or a presumption affecting the burden of
proof. A presumption imposes on the party against whom it is directed the burden of
going forward with evidence to rebut or meet the presumption, but does not shift to
such party the burden of proof in the sense of the risk of non persuasion, which
remains throughout the trial upon the party on whom it was originally cast. In
commercial law 2 , a presumption means that the tryer of fact must find the existence
of the fact presumed unless and until evidence is introduced which would support a
finding of its non- existence. A conclusive presumption is one in which proof
of a basic fact renders the existence of the presumed fact conclusive and
irrebuttable. Few in number and often statutory, the majority view is that a
conclusive presumption is in reality a substantive rule of law, not a rule of evidence.
A rebuttable presumption can be overturned upon the showing of
sufficient proof. In general, all presumptions other than conclusive
presumptions are rebuttable presumptions. Once evidence tending to rebut
the presumption is introduced, the force of the presumption is entirely
dissipated and the party with the burden of proof must come forward with
evidence to avoid a directed verdict. (See: Blacks 6th).
The Supreme Court discusses substantive and rebuttable presumptions in
Heiner v. Donnan, 285 U.S. 312, (1932), where the court held that:
...it is hard to see how a statutory rebuttable presumption is turned
from a rule of evidence or of substantive law as the result of the later
statute making it conclusive. In both cases it is a substitute for proof;
2
Authors note: According to the case of Propeller Genessee Chief and 27 CFR 72.11, it is evident that admiralty or
maritime courts have jurisdiction over all commercial law.
24 / 46
in the one, open to challenge and disproof, and in the other conclusive.
However, whether the latter presumption be treated as a rule
of evidence or of substantive law, it constitutes an attempt, by
legislative fiat, to enact into existence a fact which here does
not, and cannot be made, to exist in actuality, and the result is
the same... This court has held more than once that a statute
creating a presumption which operates to deny a fair opportunity to
rebut violates the due process clause of the Fourteenth Amendment.
For example, a constitutional prohibition cannot be
transgressed indirectly by the creation of a statutory
presumption any more than it can be violated by a direct
enactment.
If a legislative body is without power to enact as a rule of evidence a
statute denying a litigant the right to prove the facts of his case,
certainly the power cannot be made to emerge by putting the
enactment in the guise of a rule of substantive law.
For those worried about the applicability of the Fourteenth Amendment, the
high court further held that:
Nor is it material that the Fourteenth Amendment was involved in the
Schlesinger Case, instead of the Fifth Amendment, as here. The
restraint imposed upon legislation by the due process clauses of the
two amendments is the same. Heiner v. Donnan, supra.
And for the discerning reader who requires deeper study on the subject of
presumptions, see: Tot v. U.S., 319 U.S. 463, (1943); U.S. v. Bowen, 414 F2d 1268,
U.S. v. Simmons, 416 F2d 33, (1973); U.S. v. Perry, 474 F2d 983; U.S. v. Lake, 482
F2d 146, (1973) and U.S. v. Belgrade, 484 F2d 915 (1973). The is also no shortage of
state court holdings on the subject of presumptions.
HOW THEY DO IT
The process of bringing the harmless tadpole out of the sea and transforming
it into a fire breathing murderous predator on the land began, as near as the
authors can determine, around 1851 and recognized by the holdings of the Supreme
Court in the case of Propeller Genessee Chief et al. v. Fitzhugh et al., supra, warning
of the power of Congress to expand the admiralty jurisdiction of the federal courts.
So the beast of Revelation, Chapter 13:1, has risen form the sea and come upon the
land and the dragon [Congress?] gave him his power, and power was given to him
over all kindreds, and tongues, and nations. If the reader is still not convinced that
the courts are exercising and enforcing a maritime jurisdiction, the following
portions of Proctor Wiswalls lecture should be of help.
25 / 46
The 1994 Ebsworth & Ebsworth Maritime Law Lecture entitled THE
JURISDICTION AND PRACTICE OF THE ADMIRALTY COURT REVISITED and
subtitled A comparison of developments in Australia, the United States and
England over the past quarter-century by Frank L. Wiswall, Jr. J.D., Ph.D.
(Cantab.), F.R.Hist.S., Proctor and Advocate in Admiralty, plainly relates how this
has happened in the United States by a relevant portion of the lecture quoted below
with emphasis added and footnotes omitted. We are indebted and thankful to
Proctor Wiswall (a real lawyer) for finally revealing the nature and cause. The
complete text of his report can be found at the following website and the authors
recommend that you study it in its entirety:
http://www.anu.edu.au/law/pub/icl/lectures/The1994EbsworthEbsworthMar.html
Proctor Wiswall informs us:
In the United States the first development noted is the 1966 merger of
the old General Admiralty Rules into the Federal Rules of Civil
Procedure. Though several commentators made predictions concerning
the effects of unification upon the substantive law of admiralty, it was
not until the late 1970s that the Admiralty Court began to exercise
with any measurable regularity the power to administer equitable
remedies in admiralty cases. The delay may seem strange, especially in
light of the quite rapid effects of the 1938 merger of the Equity Rules
into the first Federal Rules of Civil Procedure. But the late
depression era was one of great social activism on the part of
the Federal government, and this faded seamlessly into
wartime legislation which appropriated control of private
property. The District Courts under the new FRCP were quickly
forced by the volume of litigation into the wholesale application of
equitable remedies in actions "at law".
The 1938 merger of law and equity rules left no loose ends; the
procedure is entirely uniform regardless of the nature of the remedy
prayed, though of course issuance of an injunction requires at least an
ex parte hearing in chambers. The 1966 merger, however, leaves
six special Supplemental Admiralty Rules appended to the
body of the FRCP, and in order to apply those Supplemental
Rules it is necessary that the complaint specifically invoke the
jurisdiction of the "admiralty side" of the Court, so as to ensure
that the action does not proceed on the "law side" if the
common law is competent to supply an in personam remedy in
the particular case. The effect of this has been to perpetuate an
artificial distinction between the law and admiralty "sides" of
26 / 46
the Court, whereas the distinction between the law and equity
"sides" has long since disappeared. The equitable power of the
American Admiralty Court had earlier been held to derive from the
first Judiciary Act of 1789; in the words of the late and colorful Chief
Judge John R. Brown of the U.S. Court of Appeals for the Fifth
Judicial Circuit:
"The Chancellor is no longer fixed to the woolsack. He may
stride the quarter-deck of maritime jurisprudence and, in the
role of admiraltyjudge, dispense, as would his land-locked
brother, that which equity and good conscience impels."
But the American Admiralty Court has been slow to begin to wield the
equity power, which it has always had, and usage of which the 1966
merger was clearly intended to facilitate.
Unfortunately the remedial authority of the Admiralty Court has been
complicated by the second American development - the 1985
amendments to the Supplemental Admiralty Rules with respect
to the issuance of in rem and quasi in rem process. The problem
arose because of a line of decision which emerged in the 1970s in cases
of attachment of property under State law, where the defendants
argued successfully that in having their property seized without a
prior hearing they were deprived of property without the "due process
of law" which is guaranteed by the 5th Amendment to the
Constitution. It did not take long for challenges to be mounted to the
constitutionality of maritime attachment under FRCP Supp. Rule B
and arrest in rem under FRCP Supp. Rule C. A few Federal District
Judges were swayed by the argument and declared Rule B attachment
and/or Rule C arrest unconstitutional without a hearing prior to
issuance of the warrant; the remaining District Judges confronted with
the question and a majority in all of the Circuit Courts of Appeal found
the traditional procedure constitutional, deftly grasping that the
Constitution's grant of Admiralty jurisdiction carried with it the
essentials of procedure as historically applied in maritime cases, and
for a Federal District Court sitting in Admiralty that procedure
constituted "due process of law". However, the consensus of opinion
within the Maritime Law Association of the United States which had
filed briefs amicus curiae supporting the traditional procedure in
several of the cases and was even granted oral argument in one pivotal
case involving Rule C 17 was that the risk of a reversal by the U.S.
Supreme Court should be insured against, and it proposed
amendments to Supp. Rules B and C requiring judicial scrutiny prior
to issuance of a warrant and to Supp. Rule E to provide for prompt
27 / 46
post-seizure hearing. The amendments were adopted by the Supreme

Court and entered into effect in 1985.
Beyond doubt the 1985 amendments were wiser than playing "judicial
roulette" - they have effectively ended the debate over the
constitutionality of arrest and attachment proceedings in admiralty.
But they have also added a new and quite different requirement in
order to employ traditional process in the Admiralty Court. The price
paid for security has not been entirely limited to the additional time
and paperwork of the new procedures.
The third development in America centers upon the Supreme Court's
recent decision in Miles v. Apex Marine, 498 U.S. 19 (1990). To
approach Miles in the proper frame of mind, one must first accept that
every admiralty case in the United States which touches upon
jurisdiction or practice is fundamentally a case of
constitutional law, the grant of jurisdiction to the American
Admiralty Court in all such cases flows directly from the
Constitution and not from any act of the legislature. Legislation
regarding admiralty and maritime jurisdiction cannot constitutionally
restrict that jurisdiction, but can only ensure that other legal remedies,
if applicable, remain available as well.
In the jurisprudence of the United States it is the exclusive
prerogative of the Supreme Court to pronounce finally upon
what does or does not lie within the admiralty and maritime
jurisdiction. So over the history of the United States the Supreme
Court has altered maritime remedies, for example first establishing,
and then later abrogating, a rule of divided damages in collision cases;
and it has determined maritime rights, for example first denying a
right of action under the general maritime law for wrongful death,
then later establishing the right of action.
In Miles, the Court upheld the right of action for wrongful death under
the general maritime law ("GML"), but ruled that the remedy of
damages for loss of society was not within the power of the GML to
grant. This is an interesting contrast with the Court's view of over 175
years" standing that the GML empowers the award of punitive
("exemplary") damages, which has been the basis for a considerable
line of decision by highly respected Circuit Courts of Appeal upholding
recovery of punitive damages in seamen's actions under the GML. The
basis for the Court's holding in Miles is in a nutshell that the
Congress had excluded the recovery of "non-pecuniary"
damages in actions brought under legislation which predated
28 / 46
the Court's establishment of the right of action for wrongful

death under the GML, and the Court has an obligation to
ensure uniformity in the maritime law of the United States.
Congress has been repeatedly held by the Court to have the
power to extend the admiralty and maritime jurisdiction by
statute, and Congress has repeatedly exercised that power;
(see e.g., The "Lottawana", 88 U.S. 558 (1875); also Panama
Railroad v. Johnson, 264 U.S. 375 (1924)). However the Court has
also repeatedly declared that there are constitutional limitations upon
the power of Congress to legislate in this area. The most direct recent
exercise was the Admiralty Jurisdiction Extension Act of 1948, T.46
U.S.C. 740, which gave the Admiralty Court cognizance in rem
as well as in personam of torts caused by a vessel on navigable
water "notwithstanding that such damage or injury be done or
consummated on land". As to the Supreme Court itself it is not to be
doubted that, in the interest of uniformity, the Court has authority to
fashion and to limit remedies in Admiralty and maritime cases.
Further into the lecture, Proctor Wiswall, while discussing developments in
Australian maritime law gives the startling revelation that:
[In] the case of The "Golden Glory", Bari Navigation Company Limited
v. Ship "Golden Glory" and Glorious Shipping S.A., (unrep. Fed. Ct.,
Sydney Registry No.G199 of 1991, 2 May 1991), which is noted because
it "sets the stage" for a yet more significant case. The issue before
the Admiralty Court was whether an action in rem lies to
compel specific performance of a contract for the sale of a ship,
the ship in question having been arrested within the geographical
jurisdiction of the Court and the owners having moved for release. An
action for specific performance is in its nature a suit in equity
in personam and is not the same as the possessory or petitory
suit in admiralty. . . . Without discussing the equitable powers of the
Admiralty Court or the source thereof, the Court held for the
probability of jurisdiction and instead of issuing a decree for specific
performance made the Solomonic decision to release the vessel from
arrest conditional upon an undertaking by the defendant to execute
and deliver a deed of sale in approved form. To coin a phrase, this was
a "neat" way to confirm that the equitable jurisdiction of the
Admiralty Court may be exercised in actions in rem.
In the case of The "Shin Kobe Maru" Empire Shipping Co. Inc. v.
Owners of the Ship The "Shin Kobe Maru", (1991) 32, F.C.R. 78, 104
A.L.R. 489 (F.C.), the most important question for decision was
29 / 46
whether a claim asserting an equitable interest in the ship under the

terms of the JVA was a claim properly cognizable by the Admiralty
Court in an action in rem....The Court pointed out the restraints which
Parliament had placed in Sec.6 of the [Australian] Admiralty Act 1988
upon the creation of new maritime liens and new causes of action
under the authority of the Act, and concluded that the Act's extension
of the categories of claims cognizable in rem does not violate these
restraints; put another way, the Act may create new remedies but
it does not create new rights.
In the preparatory work which led to the Admiralty Act 1988, and in
The "Shin Kobe Maru" judgment, detailed consideration has been
given to the significance of the words in s76(iii) of the Commonwealth
Constitution 1900 which grant authority to Parliament to confer upon
the High Court original jurisdiction "in any matter of admiralty and
maritime jurisdiction." The addition of the words "and maritime"
are clearly taken from the counterpart clause of the
Constitution of the United States, and commentators and jurists
have quite uniformly accorded importance to the word "maritime". In
seeking out the import of that word, the Court in The "Shin
Kobe Maru" followed most writers to the American judgment of
Mr. Justice Joseph Story, sitting as Circuit Justice in the
celebrated case of DeLovio v. Boit, 7 Fed. Cas. 418 (No.
3,776)(C.C.D. Mass. 1815). Little notice, however, has been taken by
modern writers of the more detailed explanation given by Story in his
greatest work, commonly known as Commentaries on the Constitution.
Here his exposition of the constitutional grant of jurisdiction
draws additional distinctions between the words "admiralty"
and "maritime", and in my reading he plainly declares that the
purpose of the latter [maritime] is not only to free the
jurisdiction of the Admiralty Court from the shackles forged by
centuries of writs of prohibition issuing from the courts of
common law, but also (1) to enable the fullest development of
sea-borne foreign commerce in accordance with principles of
maritime international law, and (2) to enable the Admiralty
Court to exercise its jurisdiction in rem beyond those causes
which are founded upon maritime liens, notably in cases which
"affect the commerce and navigation of foreign nations. It is
this second point made by Justice Story which most holds my interest.
In stating that the word "maritime" has special significance in
relation to "foreign ships" and "foreign employment", so that
when such are involved "the general maritime law enables the
30 / 46
courts of admiralty to administer a wholesome and prompt

justice", Story observes that:
"[A]s the courts of admiralty entertain suits in rem . . . as well
as inpersonam, . . . they are often the only courts, in which an
effectual redress can be afforded, especially when it is
desirable to enforce a specific maritime lien, or claim, in the
nature of a pledge."
Story used his words carefully; he could not have meant to equate a
lien under the general maritime law - a jus in re - with the more
general "claim". A quarter of a century after his meticulous judgment
in DeLovio v. Boit he is speaking of alternatives - on the one hand a
maritime lien and on the other hand a claim, in the nature of a pledge.
Significantly, the word "pledge" has commonly been used as the
English translation of the French term "hypothque". The
hypothque is emphatically not a lien, as the International
Convention on Maritime Liens and Mortgages 1993 well
illustrates.
One example coming easily to mind of a "claim" not dependent upon
any maritime lien is the claim of ownership which is the foundation for
the jurisdiction to entertain suits for possession of a ship. Indeed a
contemporary of Justice Story's, Judge Betts, wrote that petitory 3
suits, while not (then) entertained by the English Admiralty
Court, "are recognized in the United States as indubitable and
convenient modes of exercising the maritime jurisdiction." Yet
Story had written extensively of possessory suits only a few years
previously, and if he had meant to limit himself to that sort of claim he
would have done so in unmistakable terms. Interestingly, very recent
scholarship has established that the English Admiralty Court in the
sixteenth century - not subject at the time to restraint by prohibition
frequently proceeded in rem where no recognizable maritime lien was
involved. Justice Story would not have foreseen such
developments as the statutory lien, the statutory "right in rem",
or the statutory power of equitable decree in a maritime case,
all of which came about later in the 19th century; he would surely have
foreseen changes in the rules of procedure in the courts, but it is to be
3
Blacks 6th defines Petitory action to mean an action in which the plaintiff seeks to establish and enforce, by an
appropriate legal proceeding, his right of property, or his title, to the subject matter in dispute; as distinguished from
a possessory action, where the right of possession is the point in litigation, and not the mere right of property. In
admiralty suits to try title to property independent of questions concerning possession are referred to as petitory
suits, which suits must be based on a claim of legal title; the assertion of a mere equitable interest is not sufficient.
31 / 46
doubted that he could have imagined the extent of collateral effects of

those changes upon the Admiralty Court.
Taken on its own and without reference to the facts of the particular
case, that portion of the instance judgment of Mr. Justice Gummow in
The "Shin Kobe Maru" which examines the authority of parliament
and the judiciary under the constitutional grant of admiralty and
maritime jurisdiction could well be held by future legal historians to
have had the same degree of impact upon the jurisdiction and practice
of the Admiralty Court in Australia as DeLovio v. Boit had in the
United States. Here are drawn together almost all of the known and
accepted authorities on the scope of the Admiralty jurisdiction in
England, the United States and Australia. To these I would add only
the commentary by Mr. Justice Story to which I have just referred.
Provided the judgment is ultimately upheld one should expect to see
more application of equitable remedies by the Australian Admiralty
Court, for it is also a corollary of the procedural theory of the
action in rem that the appearance of the shipowner changes
the character of the action into one in personam. The natural
expectation is that an Admiralty Court operating under the
procedural theory would find little difficulty in exercising
equitable powers in an action begun in rem and in which an
appearance has been entered.
As I understand the position at the time of this writing, the instance
judgment has now been the subject of an interlocutory appeal (prior to
trial on the merits) and has been unanimously upheld en banc by the
Federal Court; on further appeal to the High Court of Australia the
original plaintiff raised an additional ground of jurisdiction, and the
case has been sent back to the Admiralty Court for consideration
whether the pleadings should be amended accordingly. Therefore the
"final word" may not have been spoken and it is not meet that I should
make any more detailed comment about a matter, which may still be
sub judice.
Although the structure of the Admiralty Act 1988 was virtually handed
down on a tablet of stone, one must be conscious of the pitfalls in
setting forth the admiralty and maritime jurisdiction by detailed
legislation - the maxim expressio unius est exclusio alterius [A maxim
of law, literally, the expression of one excludes another] comes easily to
mind. The dangers did not wholly escape the Law Reform Commission
prior to enactment, nor have they escaped commentators since, but I
have seen no comment which contrasts the absolute necessity of
proceeding by detailed legislation in a State having no fixed
32 / 46
constitution as opposed to the option of so proceeding in a State with a

separate written constitution which sets forth a broad grant "of any
matter ... of admiralty and maritime jurisdiction". It is not an
answer to say that the constitutional grant in America runs
directly to the judiciary, whereas the grant in Australia runs to
the legislature, because in both constitutions the power is given
to the legislature to structure the court system which will
exercise the admiralty and maritime jurisdiction at first
instance.
The chief difference between the Mareva injunction as employed in
England and Australia and maritime attachment as employed in
America lies in the use of the process: the former is used only after an
action in personam has been commenced by service of a writ, whereas
the latter [America] may be so used but is most commonly the
means of founding jurisdiction in personam.
Even with sensitivity toward the stated Australian antipathy to
attachment ad fundandam jurisdictionem, one may be permitted to
observe that the failure to employ the full remedy of maritime
attachment both in England and Australia is a vestige of the old myth
that the Admiralty Court really exists to act only in rem. This selfimposed limitation is made more odd with recognition that the
Admiralty jurisdiction is wielded by the same court which is
supposed to have all powers at common law and in equity, and
that both England and Australia profess adherence to the procedural
theory of the action in rem, which essentially views the ship as
mere property of the defendant which may be arrested in order
to found in personam jurisdiction upon appearance to defend
the res.
Lets stop and review some of the information provided by Proctor Wiswall.
(1) Since 1966, in the courts of the United States, law, equity, admiralty, and
maritime cases are controlled by one set of rules, the Federal Rules of Civil
Procedure. There are six additional Supplemental Admiralty Rules, that, when used
make it necessary to specifically invoke admiralty jurisdiction in the complaint.
This creates an artificial distinction between the law and admiralty sides of the
court. The distinction between the law and equity sides has long since disappeared.
However, when the supplemental rules are not used and the claim is cognizable
only in admiralty, it is an admiralty or maritime claim whether or not so stated in
the claim, FRCP, Rule 9(h), and the distinction between law and admiralty
disappears.
33 / 46
(2) The Congress has the power to extend the admiralty and maritime
jurisdictions by statute, and Congress has repeatedly exercised that power.
(3) Equitable remedies can be used to settle admiralty and maritime
disputes. For instance, an action for specific performance is in its nature a suit in
equity in personam and is not the same as the possessory or petitory suit in
admiralty, but this type of suit is subject to the power of an admiralty court, i.e., the
equitable jurisdiction of the admiralty court may be exercised in actions in rem.
(4) The extension of the jurisdiction of the admiralty powers of a court may
create new remedies, but it does not create new rights.
(5) Notwithstanding, the above definitions in Bouviers and Blacks of
admiralty and maritime, there is a distinction between the two. According to Justice
Story, the purpose of maritime jurisdiction is not only to free the jurisdiction of the
Admiralty Court of the shackles forged by centuries of writs of prohibition issuing
from the courts of common law, but also to enable the Admiralty Court to exercise
its jurisdiction in rem beyond those causes which are founded upon maritime liens.
Admiralty Courts exercise jurisdiction in rem and in personam to enforce maritime
liens in the nature of a pledge.
(6) Petitory suits, i.e., suits to enforce rights in property or title, are
recognized as convenient modes of exercising the maritime jurisdiction in American
Courts.
(7) Maritime jurisdiction has been extended to developments of the statutory
lien, the statutory right in rem and the statutory power of equitable decree.
(8) In actions in rem, the ship (or other res) is arrested to compel the
appearance of the owner. When the owner appears to defend the res the action is
converted to an action in personam and the owner becomes responsible for the
injury caused by the thing and equitable powers can be exercised in the matter. In
America, actions in rem are commonly used as a means of founding an action in
personam.
(9) Admiralty Courts exercise powers in maritime, common law, and equity
jurisdictions.
34 / 46
A PRACTICAL EXAMPLE OF THE USE

OF THE MARITIME JURISDICTION
BY THE LAWYERS AND THEIR MINIONS
It should be becoming apparent to the reader what is really going on in the
Federal and State courts when one is charged with a penal offense, and it should be
apparent that penal is not the same as criminal. Take the issuance of a traffic ticket
for example. The lawyers minion, the police officer, goes out on the public rights of
way to solicit business for his master, the prosecuting attorney for the CITY OF
CORRUPTION or the COUNTY OF TYRANNY, both of which are corporate
instrumentalities of the STATE OF CONFUSION. This solicitation of business for
the lawyer by the police officer is called Champerty. 4 Champerty is, or at least used
to be, a tort and a crime at common law.
The police officer lurks around and finds someone violating a traffic
regulation, lets say for driving an unregistered motor vehicle, arrests him, and
issues a citation on the presumption that the offender is bound in some
undisclosed manner to the maritime jurisdiction, a presumption probably created by
the existence of the state driver license, or on the presumption that the STATE has
acquired an interest in the motor vehicle being driven by the offender, or on the
presumption that the STATE has an interest in the offender himself. On threat of
imprisonment, the cop forces the offender to sign a citation as a promise to
appear in a certain court at a certain time. This citation is a contract to compel
specific performance. The cop signed and the offender signed. It looks like a
legitimate contract, except for a couple of problems.
The first problem is that it was signed under a threat. That alone should be
enough to void the contract. The second problem is that the cop did not pay any
consideration to the offender to perform. Want of consideration is always a defense
under the Texas Business and Commerce Code, (same as the UCC) Sec. 3.408,
unless there is an underlying or antecedent obligation, and there is no evidence of
an antecedent obligation, but it is presumed. A third problem is the
unconscionability of the contract. The authors will not discuss unconscionability 5
here, except to say that it is unconscionable to force someone to contract under
threat, coercion, or duress and unconscionability can be grounds to void a contract.
If the offender does not sign the citation, the cop, exercising the quasi in rem
maritime jurisdiction, seizes the offender (in his ens legis 6 capacity), and usually the
motor vehicle which are merely things under maritime law and throws the
4
Blacks 6th defines Champerty as a bargain between a stranger and a party in a lawsuit by which the stranger
pursues the partys claim in consideration of receiving part of any judgment proceeds; it is one type of
maintenance, the more general term which refers to maintaining, supporting, or promoting another persons
litigation. Maintenance consists of maintaining, supporting, or promoting the litigation of another.
5
For more on unconscionability, see UCC 2-302 and related notes.
6
Blacks 6th defines ens legis as a creature of the law; an artificial being, as contrasted with a natural person.
35 / 46
offender in jail (warehouse) without the need of a warrant. The offender is

eventually brought before some magistrate to enter a plea in a court of maritime
jurisdiction and the only issue before the court is whether or not the motor vehicle
was registered. When the offender identifies himself by admitting his name and
enters a plea, the quasi in rem action automatically converts to a maritime
personam action, in which the real man is held liable for actions of the property in
which the State claims a priority interest and the offender has become the
defendant.
Adherence to the constitutional requirements for due process are not required
in the maritime jurisdiction because of the presumption that the offender agreed to
be abused in this manner when he signed the presumed maritime contract or
granted the presumed interest in the ens legis or the motor vehicle, or both. This is
the same situation Cadet Custer found himself in, on the presumption that he had
signed the Articles of War, he was subject to the penalties prescribed by them.
Custer avoided the sentence because he shifted the burden of proof by challenging
the subject matter jurisdiction of the court-martial.
In the instances of our traffic violation and Custers court-martial, the onus
probandi 7 has been thrown on the defendant. He is put into the unenviable position
of proving that he did not commit the offense. He is put into the position of proving
a negative, which is usually an impossibility, and he is going to pay the penal sum
required by the contract. He is guilty until proven innocent.
The defendants remedy, if he has one, is to shift the burden of proof or onus
probandi to the STATEs lawyer, the prosecutor. He can do this by challenging the
jurisdiction of the subject matter and by challenging the presumptions by admitting
evidence to the contrary.
The subject matter is merely the facts of the case. Facts must be properly
admitted into evidence according to the rules of court. If there are no facts in
evidence, there is no subject matter. If there is no subject matter, there is no subject
matter jurisdiction and the only action the court can take is to dismiss the claim.
The Court may not inquire into the controversies between the parties until
such time as the subject matter jurisdiction has been properly invoked by the
parties. The subject matter jurisdiction of a court is not prima facie. The Supreme
Court has held that:
"A man must assign a good reason for coming (to the court). If the fact
is denied, upon which he grounds his right to come (into the court), he
7
Onus probandi means: Burden of proving; the burden of proof. The strict meaning of the term "onus probandi" is
that, if no evidence is adduced by the party on whom the burden is cast, the issue must be found against him. Black's
Law Dictionary, 6th Ed.
36 / 46
must prove it. He, therefore, is the actor in the proof, and,
consequently, he has no right, where the point is contested, to
throw the onus probandi on the defendant." Maxfield's Lessee v.
Levy, 4 U.S. 330. [Emphasis added]
Now the question arises, how is the defendant going to shift the burden of
proof? Maybe he should admit some facts into evidence denying the presumptions
and follow the courts rules of evidence when he does it. Maybe he should challenge
the subject matter jurisdiction of the court. Maybe he should demand some
discovery by demanding the prosecutor bring the contract or other obligation into
court and properly admit it into evidence, and follow the courts rules of discovery
when he demands the production of the documents.
Maybe the defendant could shift this burden of proof by admitting a simple
affidavit into evidence of the case stating that the defendant denies that he signed
any contract or other obligation that binds him to the maritime or admiralty
jurisdiction. That the defendant did not convey any interest, right or title of his car
or himself to the STATE. If these facts are properly admitted into evidence, the
burden of proof is shifted to the prosecutor to prove the existence of the contract or
other obligation by admitting the original into evidence, and this must be done by
the real party in interest, whoever it is.
If, on being unable or unwilling to admit the contract or other obligation into
evidence, the prosecutor refuses to withdraw the claim and the judge refuses to
dismiss the case they will be proceeding without subject matter jurisdiction. With
no subject matter jurisdiction they have no official or judicial immunity. The courts
have held:
When a judge knows that he lacks jurisdiction, or acts in the face of
clearly valid statutes expressly depriving him of jurisdiction, judicial
immunity is lost. Rankin v. Howard, (1980) 633 F.2d 844, cert. den.
Zeller v. Rankin, 101 S.Ct. 2020, 451 U.S. 939, 68 L.Ed 2d 326.
A judge must be acting within his jurisdiction as to subject matter and
person, to be entitled to immunity from civil action for his acts. Davis
v. Burris, 51 Ariz. 220, 75 P.2d 689 (1938).
When a judicial officer acts entirely without jurisdiction or without
compliance with jurisdiction requisites he may be held civilly liable for
abuse of process even though his act involved a decision made in good
faith, that he had jurisdiction. Little v. U.S. Fidelity & Guaranty Co.,
217 Miss. 576, 64 So. 2d 697.
37 / 46
"No judicial process, whatever form it may assume, can have any
lawful authority outside of the limits of the jurisdiction of the court or
judge by whom it is issued; and an attempt to enforce it beyond these
boundaries is nothing less than lawless violence." Ableman v. Booth, 21
Howard 506 (1859).
"We (judges) have no more right to decline the exercise of jurisdiction
which is given, than to usurp that which is not given. The one or the
other would be treason to the Constitution." Cohen v. Virginia, (1821),
6 Wheat. 264 and U.S. v. Will, 499 U.S. 200.
Maybe if the court refuses to back off the defendant should demand that the
judge take mandatory judicial notice of the above cases and similar cases. If the
court still does not back off and worse comes to worse, the defendant should raise
the issue of subject matter jurisdiction after trial and before sentencing at
allocution. Allocution must be demanded before sentencing or the right is presumed
waived. If the rats still dont back off the defendant can make a direct appeal to the
appellate court and on to the Supreme Court of the United States; he can file
petitions for the writ of habeas corpus; he can sue the perpetrators, i.e., the cop for
champerty, the lawyer for barratry and bringing a case with unclean hands, the
judge for lack of jurisdiction, and all of them for conspiracy to fraudulently conceal
the true nature and cause of the accusation, and maybe even for RICO. It is never
too late to challenge subject matter jurisdiction. It aint over until the defendant
gives up. The courts have held and the rules reveal that:
Subject matter jurisdiction cannot be waived by parties, conferred by
consent, or ignored by court. Babcock & Wilson v. Parsons Corp., 430
F.2d 531 (1970).
Subject matter jurisdiction may not be waived and courts may raise
the issue sua sponte FRCP, Rule 12(h).
Lack of subject matter jurisdiction is a defense that is never waived.
FRCP, Rule 12(h)3.
Subject matter jurisdiction can never be waived and can be raised at
any time, even after trial. Zenith Radio Corp. v. Matsushita Elec.
Indus. Co., Ltd., 494 F.Supp. 1161 (D.C. Pa., 1980).
Lack of subject matter jurisdiction is not waivable and can even be
raised on appeal after judgment on the merits. Monaco v. Carey
Canadian Mines, Ltd., 514 F.Supp. 357 (D.C., Pa., 1981)
38 / 46
Judgment of court lacking jurisdiction is void. Burnham v. Superior

Court of California, County of Marin, 110 S.Ct. 2105 (1990).
Many patriots have discovered that the flag in the court room is a goldfringed maritime or admiralty flag. Extensive research has been done on the
subject. The research indicates that there can be no doubt that the court displays a
maritime flag. So what! It is obvious the court is a court of maritime jurisdiction
enforcing maritime contracts. Many patriots have gone to jail challenging the
jurisdiction of the maritime flag. Hind sight is 20/20, but they should have been
challenging the subject matter jurisdiction of the court. They should have been
rebutting the presumption of the contract and shifting the burden of proof.
OTHER EXAMPLES
In 1998, in the United States District Court for the District of Colorado, a
woman was charged with three courts of misdemeanor violations including
violations of Title 16 U.S.C. 551, Title 43 U.S,C, 1761, and related regulations.
These violations were for using Forest Service roads without a special use
authorization and for not obtaining a required permit. The information clearly
states that the offenses occurred within the special maritime and territorial
jurisdiction of the United States.
The accused woman was subsequently tried in the maritime court, found
guilty, and sentenced to jail and to pay a fine. The authors have no idea how she
tried to defend the case, but obviously her defense was unsuccessful. Had she
challenged the subject matter jurisdiction of the court and shifted the burden of
proof to the U.S. attorney to prove the jurisdiction, her case might have been
dismissed. Had she known what has just been revealed and reviewed Title 18
U.S.C. 7, supra, she might have had some questions, such as:
1. Is it presumed that her body is a vessel under 18 U.S.C. 7(1).
2. Is it presumed that the car she was driving is a vessel under
subsection 2?
3. Is it presumed that the United States acquired the land where the
United States is exercising its special maritime and territorial
jurisdiction; was conveyed to the United States by the Legislature of
Colorado, and if so, where is the enactment by the Colorado legislature
that conveyed the land as mandated by Article IV, Section 3?
4. Is it presumed that Colorado did not enter the union of the several
States on equal footing with all the others according to the equal
footing doctrine and is not a State, but remains a territory?
5. Is it presumed that Colorado is located on the moon?
6. Is it a presumption that the Social Security insurance contract has
bound the defendant into the special maritime jurisdiction?
39 / 46
7. Is it presumed that the defendant or the defendants car was engaged in

interstate commerce?
Had she challenged these presumptions, and shifted the burden of proof, she
might have prevailed. Had she known to deny a maritime contract at the allocution
stage of proceedings, she might have prevailed; it is still not too late for her to
challenge the subject matter jurisdiction.
And what about cases involving the IRS? Does the IRS come after people in a
maritime jurisdiction? The courts have held:
That a participant would be subject to criminal maritime charges
pursuant to Title 26 U.S.C. 6012(1)(F) and under 18 U.S.C. 3045, by
non-governmental IRS Agents; because: In this country revenue causes
had so long been the subject of admiralty cognizance, that Congress
considered them as civil causes of Admiralty and Maritime
jurisdiction. The Huntress, 12 Fed. Case 984 at 992, no. 6,914, (1840).
Although, presumably for purpose of obtaining jurisdiction, action for
forfeiture under Internal Revenue Laws is commenced as proceeding in
Admiralty. United States v. $3,976.62 in currency and one 1960 Ford
Station Wagon, serial #0C66W145329, 37 FDR 564, (1965).
Forfeiture should be an action of debt. Debt begins in Admiralty
whether on land or navigable waters. United States v. $5,372.85, 283
F.Supp. 904 (1968).
If the claim is cognizable only in Admiralty, it is an Admiralty or
Maritime claim for those purposes whether so identified or not. FRCP
Rule 9(h).
Social Security (FICA) is a maritime insurance policy. United States
Federal Statutes Annotated, Vol. IX, page 92, Article III, Sec. 2, VII,
5(5), DeLovio v. Boit, 7 Fed. Case 3,776 (1815) Policy of insurance is a
Maritime Contract A policy of insurance is a maritime contract and
therefore of admiralty jurisdiction.
Well, all of you tax protesters out there, it looks like if you signed up for
Social Security, you should stop evading your taxes and quit complaining about the
unjust court system and pay up. You contracted yourself into it. You owe the tax if
the rats can prove their maritime jurisdiction when the presumption is rebutted
and if the contract is found to be valid, with full disclosure, consideration, the
meeting of the minds, the parties competent to contract things like that. Tell the
rats to bring out that contract so that you can challenge its validity.
40 / 46
Knowing the nature and cause of the accusation is the key to knowing how to
challenge the jurisdiction. All admiralty and maritime causes require a contract or
other obligation of some kind. Where is it? Stop worrying about the fringe on the
flag and start looking for the contract. Rebut the presumption that it exists. Better
yet, make the rats find it. Whatever they are presuming to be the contract or
obligation, whether it be the Social Security application that you signed when you
were 14 years old, if at all, the State Driver License, the Birth Registration, the
Voters Registration, Marriage License, or something else, make the rats find and
put it into evidence so you can challenge the validity of the instrument, whatever
the instrument is presumed to be.
DIVORCE, CHILD CUSTODY AND CHILD SUPPORT
These are all maritime actions for the enforcement of contract. Proctor
Wiswall tells us in his lecture that the English Courts of Admiralty have been
consolidated with the Queens Bench (a common law court) and makes no bones
about it. According to Wiswall, infra,:
In England and Wales since 1969 the first notable development has
proven to be almost wholly historical - the ironically peaceful "capture"
of the Admiralty Court by the foremost of the Courts of Common Law.
By Section 2 of the Administration of Justice Act of 1970 the Probate,
Divorce and Admiralty Division of the High Court - popularly
known as wills, wives and wrecks - was reconstituted as the
Family Division and the Admiralty Court transferred to the
Queen's Bench Division with a status equal to that of the
Commercial Court. 8 Thus was swept away the last vestige of the
formerly exclusive jurisdiction of the English civil lawyers - the
Doctors of Law, exercent in the Ecclesiastical and Admiralty Courts.
I will resist the temptation which always arises at this point to take us
into the ghostly quadrangle of Doctors Commons and say simply
that, to all outward appearances and for all practical purposes,
the 1970 change in the status of the Admiralty Court has
created a distinction without a difference.
The authors submit that the condition in the United States is exactly the
same. A distinction without a difference! And how appropriate! A commercial court
popularly known as wills, wives, and wrecks is reconstituted as a Family Court; and
the venue and nature of commerce is admiralty!
Among the top money makers for lawyers are surely divorce cases and from
these divorce actions, spring child custody and child support cases and other family
8
Authors note: Even Proctor Wiswall equates Commercial Courts with admiralty and maritime courts.
41 / 46
matters. The STATE claims an interest in the parties through the doctrine of
parens patriae. 9 For an in depth essay on the subject, go to website:
http://www.state-citizen.org/misc/paren%20patriae.txt. It is highly recommended
reading. The STATE may rely on the marriage license, birth certificate registration,
Social Security application, driver license, or some other contract or quasi-contract,
or all of the above. Whatever it is, the STATE is claiming an interest that conveys a
right to the STATE to regulate the marriage. The authors believe all divorce actions
to be unconstitutional because Article I, Section, Clause I, clearly mandates in no
uncertain terms, in plain English that even a lawyer should be able to understand
that: No State shall . . . pass . . . any Law impairing the obligation of Contracts. If
the lawyer cannot understand those simple words, the Supreme Court has
explained them many times in numerous decisions which need not be cited here. If
there is any doubt that marriage is a contract, there is much authority on that issue
also. The matters are stare decisis, and have been for centuries.
In a divorce proceeding, the parties go to court where the attorneys and the
judge negotiate a new contract. This new contract to dissolve the marriage replaces
the original marriage contract and marriage license. Both parties sign the contract.
Both parties are bound by it. Both parties have consented to who will have custody
of the children and when. Both parties consent to who will pay how much to support
the children. And if the contract is breached, the STATEs lawyers will enforce the
new contract with a vengeance. If the parent who agreed to pay child support fails
or refuses to pay promptly, no matter what the reason, that parent goes to debtors
prison, which does not make any sense to the authors because how can one support
his children from jail, even if he wants to? But, that is the wisdom of the lawyers.
Pay up or go to debtors prison; it is in the best interest of the child. One could easily
avoid these ordeals, even if the other spouse is hell-bent on divorce. Just say no to
the new contract, the divorce decree; dont sign it. When the other spouses lawyer
files the divorce suit, why not counter sue the rat for the common law tort of
interfering with the obligations of a contract? Just because you cant get along with
your spouse, you are not necessarily obligated to divorce. One has the option of
living separately but married and thereby keeping the STATE off your back and out
of your pocket.
Under the doctrine of parens patriae the STATE is your mamma and your
daddy. You are a dependent of the STATE. Daddy knows best, and knows what is in
the best interests of his dependents. Because of this doctrine of parens patriae
9
Parens patriae is defined in Blacks 6th as: literally parent of the country, refers traditionally to the role of state as
sovereign and guardian of persons under legal disability, such as juveniles or the insane, and in child custody
determinations, when acting on behalf of the state to protect the interests of the child. It is the principle that the state
must care for those who cannot take care of themselves, such as minors who lack proper care and custody from their
parents. It is a concept of standing utilized to protect those quasi-sovereign interests such as health, comfort and
welfare for the people, interstate water rights, and general economy of the state.
42 / 46
resulting from some undisclosed contractual nexus with the STATE, the STATE has
acquired interests in your energy or labor, your bank account, your car, your home,
your spouse and your children. If you dont manage your affairs according to the will
of the STATE, the STATE will step in and manage your affairs for you through its
lawyers and maritime courts. The STATE can tell you how much you must insure
your car for. The STATE can tell you how to educate your children, how to discipline
your children, how and when to vaccinate and medicate your children if they are
sick. The STATE can demand that your children be drugged into oblivion with
psychotropic drugs like Ridlin or Prosac should their STATE licensed and paid
teachers think they show too much initiative in class. If the parents of the child
object and refuse to administer the STATE ordered mind altering drugs to their
child, the STATE can take the child away from the parents for child abuse. The
parents might even face criminal charges. The abuses go on and on. It happens.
One court in Missouri, regarding the doctrine of parens patri in the case of
IN THE MATTER OF G.K.D., A MINOR, N.D.L., (PETITIONER) APPELLANT v.
FAMILY & CHILDREN'S SERVICE OF GREATER ST. LOUIS, RESPONDENT,
332 S.W.2d 62, (1960) held:
"Parents who faithfully discharge their parental obligations with
assiduity and to the full extent of their means and abilities are entitled
to the custody of their children. Parental rights, however, are not
absolute and are not to be unduly exalted and enforced to the
detriment of the child's welfare and happiness. The right of parentage
is not an absolute right of property, but is in the nature of a trust
reposed in them, and is subject to their correlative duty to protect and
care for the child. The law secures their parental right only so long "as
they shall promptly recognize and discharge their corresponding
obligations. As the child owes allegiance to the government of the
country of its birth, so it is entitled to the protection of that
government, which, as parens patri, must consult its welfare,
comfort, and interests in regulating its custody during its minority.
Citing: Purinton v. Jamrock, 195 Mass. 187, 80 N.E. 802, 18 L.R.A.,
N.S., 926.
Absent fraud, duress, coercion, and other elements which might make
the consent of the mother involuntary, for which a court in its sound
discretion might permit the revocation of the consent, the rights of the
parties are fixed at the time of the consent and the subsequent orders
of the court having jurisdiction.
The STATE can control the welfare of your children because the STATE has
an interest in them. The reader has probably noticed the word interest has been
used a number of times in this article. Maybe it would be proper to define interest.
43 / 46
According to Blacks 6th, interest denotes a right, claim, title, or legal share in
something; it means a right to have the advantage accruing from anything; any
right in the nature of property, but less than title. There you have it folks, the
STATE looks at your children as property, and claims the priority right or legal
share in them. Was Shakespeare right about what to do with the lawyers?
SLAVERY AND DEBT BONDAGE
If the STATE claims some right, or interest in the people, it means that the
STATE is treating the people as property, and when people are treated as property
they are slaves. Debt bondage or peonage is a form of slavery and slavery is against
the law. Slavery violates the 13th Amendment. Slavery violates federal law at Title
18 U.S.C., Section 1581 and Title 42 U.S.C. 1994.
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES
CHAPTER 77 - PEONAGE AND SLAVERY
Sec. 1581. Peonage; obstructing enforcement
(a) Whoever holds or returns any person to a condition of peonage, or
arrests any person with the intent of placing him in or returning him
to a condition of peonage, shall be fined under this title or imprisoned
not more than 10 years, or both. (b) Whoever obstructs, or attempts to
obstruct, or in any way interferes with or prevents the enforcement of
this section, shall be liable to the penalties prescribed in subsection (a).
SOURCE (June 25, 1948, ch. 645, 62 Stat. 772; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104208, div. C, title II, Sec. 218(a), Sept. 30, 1996, 110 Stat. 3009-573.)
TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 21 - CIVIL
RIGHTS SUB-CHAPTER I - GENERALLY
Sec. 1994. Peonage abolished
The holding of any person to service or labor under the system known
as peonage is abolished and forever prohibited in any Territory or
State of the United States; and all acts, laws, resolutions, orders,
regulations, or usages of any Territory or State, which have heretofore
established, maintained, or enforced, or by virtue of which any attempt
shall hereafter be made to establish, maintain, or enforce, directly or
indirectly, the voluntary or involuntary service or labor of any
persons as peons, in liquidation of any debt or obligation, or
otherwise, are declared null and void.
-SOURCE- (R.S. Sec. 1990.)
44 / 46
It should be apparent even to the lawyers that the plain language of the
statutes make contracts of both voluntary and involuntary peonage null and void
and punishable by up to ten years in prison.
The Supreme Court discusses the issue of slavery and peonage quite
succinctly in the case of Alonzo Bailey v. State of Alabama, 219 U.S. 219, (1911).
Suffice it to say that the court held that contracts of peonage may be breached by
either party at any time with impunity because contracts for peonage are
unconstitutional. This is a landmark and very important case and the authors
recommend that the readers obtain and study it. It is available at the website:
http://www.findlaw.com/http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case
&court=us&vol=219&page=219
All forms of slavery including debt bondage and peonage are prohibited by a
number of treaties forbidding slavery to which the United States is a high
contracting party. The mention of only two of these treaties of which the United
States is a party will be suffice to make the point. The full text of all the antislavery
treaties
may
be
found
at
the
website:
http://tufts.edu/departments/fletcher/multi/humanRights.html
AMERICAN CONVENTION ON HUMAN RIGHTS
PACT OF SAN JOSE COSTA RICA
(22 Nov. 1969) Entered into force on 18 July, 1978.
Article 6. FREEDOM FROM SLAVERY. 1. No one shall be subject to
slavery or to involuntary servitude, which are prohibited in all their
forms, as is the slave trade and traffic in women.
UNIVERSAL DECLARATION OF HUMAN RIGHTS
(Adopted by UN General Assembly Resolution 217A (III) of 10 December 1948)
Article 4. No one shall be held in slavery or servitude; slavery and the
slave trade shall be prohibited in all their forms.
The language of the treaties should be clear even to the most incompetent of
lawyers, that slavery, in all of its insidious forms, violates the well established,
universally recognized norms of universal law and the international consensus of
nations. Your authors now submit that the governments of the UNITED
STATES and the various STATES are rogue states that violate their own
laws and the laws of nations and are managed by pirates. These rogue states
ignore their own laws and the international laws of nations by making their own
people slaves.
The most egregious thing that our tyrannical government does is the
enforcement of the death penalty in maritime causes. The authors have no objection
to the execution of a man clearly guilty of a heinous axe murder, rightfully and
45 / 46
lawfully convicted. What we object to is the fact that the offender, even if guilty, is
not executed for the heinous act, whatever it might have been, but he is executed by
a corporation, a fiction, for breaching one of its contractual maritime penal rules. If
the corporation can make a rule requiring the execution of a man convicted of
murder in a maritime court, it can make a rule to execute a man for spitting on the
sidewalk. If the man executed is later found to be innocent, too bad. The corporation
made a mistake, they are sorry, but there is no one real man to be held accountable.
All the acts required to accuse, convict, and execute the victim were done by
licensed agents acting on behalf of a corporation, and no one is accountable. They
were just doing their job. In recent times, the only other thing that the government
has done that compares with this Draconian intent of oppression of these maritime
executions, is the massacre at Waco. That too, was done under an admiralty or
maritime jurisdiction on the presumption that the people murdered were nothing
but property under a maritime contract wherein they agreed to be tortured and
murdered.
The STATE OF TEXAS and most of the other States are not only liars, they
are murderers. And with that final thought, we end with this article with this
prayer:
Lord, come quickly and forgive them not, for they know what they do. Amen.
Freely published as public service by
www.freedom-school.com/
All Rights Reserved

Not responsible for accuracy
Not intended as legal advice.
Author not affiliated with publisher.
July 2006
Related article:
http://www.freedom-school.com/the-state-of-texas.pdf
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THE SECRET OF THE

SPECIAL MARITIME JURISDICTION

COPYRIGHT BY VALIANT LIBERTY 2001

Woe unto you also, you lawyers;

Woe unto you, lawyers!

THE SCOPE OF THE FRAUD

Goodwin, 11 U.S. (7th Cr.) 32 (1812); United States v. Coolidge, 14 U.S.

jettisons; contracts relating to marine insurance, and those between

Next to revenue (taxes) itself, the late extensions of the

other waters within the admiralty and maritime jurisdiction of the

eloquence, speak for himself. We are buttressed in this

of allocution requires an automatic reversal and remand for

the perceived equity of the [sentencing] process." De Alba Pagan, 33

courts failure to inquire of the defendant if he had anything to say as

No indictment is sufficient if it does not allege all of the ingredients

Knowing failure to disclose material information necessary to prevent

which legal subrogation rests. Rotge v. Dunlap, 91 S.W.2d 905, 908

post-seizure hearing. The amendments were adopted by the Supreme

the Court's establishment of the right of action for wrongful

whether a claim asserting an equitable interest in the ship under the

courts of admiralty to administer a wholesome and prompt

doubted that he could have imagined the extent of collateral effects of

constitution as opposed to the option of so proceeding in a State with a

A PRACTICAL EXAMPLE OF THE USE

offender in jail (warehouse) without the need of a warrant. The offender is

Judgment of court lacking jurisdiction is void. Burnham v. Superior

7. Is it presumed that the defendant or the defendants car was engaged in

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All Rights Reserved

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