FruitsFromaPoisonousTree PDF
FruitsFromaPoisonousTree PDF
FruitsFromaPoisonousTree PDF
His first book, “High Priests of Treason,” was just the beginning, and
this appears to be the culmination of all of his efforts. The “Fruit From
a Poisonous Tree” will linger in your thoughts for months, if not years, to
come. Guaranteed.
Thanks to the “Patriot Act,” the average American now has no freedom
from having government agents strip-search his children, rummage
through his luggage, ransack his house, sift through his bank records, and
trespass in his fields. Today, a citizen’s constitutional right to privacy can be
nullified by the sniff of a dog.
Mel Stamper
iUniverse, Inc.
New York Bloomington
Fruit from a Poisonous Tree
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responsibility for them.
v
WHAT OTHERS ARE SAYING
“This book is a veritable powerhouse that shatters, in one instant, the wall
of lies and deceit that took decades to build upon our impressionable minds.
Stamper’s ability to explain complex legal and political information in a
comprehensive yet concise manner is without equal. Like a master sculptor he
has chipped away the ‘Words of Art and Deception’ to reveal the inescapable
and undeniable Truth. This book has single-handedly bared Adam and Eve’s
shame in the Garden, the cleverly crafted schemes (‘Fruits from a Poisonous
Tree’) of a Power-lusting Elite (‘The Serpent’ and his minions).”
vii
Contents
FOREWORD ..................................................................................xi
FRUIT FROM A POISONOUS TREE .........................................xii
INTRODUCTION........................................................................xii
CITIZENSHIP EXPATRIATION ...................................................1
MAGICIANS .................................................................................39
COLLECTION AGENCY .............................................................73
THE FEDERAL RESERVE, INCORPORATED ..........................97
MONEY .......................................................................................107
ABOVE THE LAW ......................................................................123
THE SWINDLE ..........................................................................131
A HOUSE FOR FREE .................................................................143
HOW YOU ROB A REALLY BIG BANK ...................................161
ALLODIAL TITLE ......................................................................171
MIRRORS OF ILLUSION BROKEN .........................................211
WAR POWERS ............................................................................233
ANOTHER PERSPECTIVE ........................................................247
EPILOGUE ..................................................................................259
FOREWORD
Melvin Stamper has experienced a remarkable life journey few of us will ever
experience. His background in law and criminal investigation has enabled
him to uncover facts of the crime of the millennium, exposing the motive
along with the conspirators. The subtle and not so subtle threats from the
government agencies that he was investigating merely served as a motivating
force and conformation of his investigation. Experience is the one factor we
must all use in determining credibility of another, and Stamper’s experience
in law, analytical thinking and detection rivals that of any other in the
investigation of a crime involving government subterfuge and cover-up.
This author served his country as a U.S. Marine in Southeast Asia, a police
chief, railroad special agent, CIA intelligence source, industrial engineer,
pilot, law professor, legal researcher, private investigator, and an ombudsman
with the Department of Defense; his analytical skills were honed by all of his
experience and education for the investigation of his life – the United States
government.
My personal relationship with the author has spanned two decades, and
he never stops amazing me with the information he uncovers.
Get comfortable and hold on to your hat!
xi
FRUIT FROM A POISONOUS
TREE
INTRODUCTION
Several months prior to the writing of this book, I began questioning my
motivation for doing so. I had a comfortable lifestyle with no real bone to pick
with anyone, especially the government. I had achieved a comfortable financial
position – well educated, firmly established in the legal profession and most
importantly of all, I had a loving, caring family. What then motivated me to
take on both the state and federal governments, the proverbial biggest bullies
on the block?
The answer is that I had discovered that both the state and federal
governments have been lying to and stealing from We the People. Of
all criminals, the ones that are personally repugnant to me are liars
and thieves. These species of criminal I cannot abide in any manner,
from any source, especially the government. Ergo, the years of research
uncovering the story you are about to read. The government and the
international Global Elite have systematically stolen our wealth and
our birthright as Americans. The title of this book, FRUIT FROM A
POISONOUS TREE, explains the theft of our wealth and identity, and
the book tells what we can do about it.
This story is not about high drama, but it has that. It is not a story about
insatiable greed; it has that also. This story is about the planned, deliberate
destruction of the United States of America by the archenemies of this nation
who have been around since its inception – the Global Elite, whose identity
you will discover.
xii
During my investigation I became so overwhelmed by the government’s
deceit and unabashed arrogance that I went back to the history books trying
to identify the point at which our republic swerved onto the destructive
path towards democracy – where our creation, the government, servant
of the people, became the master and we became the servant – where the
nonproductive, who are consumers of the public treasury, elect politicians
who promise them even more government benefits at the expense of the
majority of productive, wealth-producing Americans. That is the democracy
we live in today and our founding fathers’ worst nightmare.
This change from a republican form of government to our present
democracy was silent and insidious. There are many contributors to this
metamorphosis who we might fault, both inside and outside of government,
such as teachers, clergy, judges and politicians, but laying blame would solve
nothing. Ultimately “We the People” are to blame; we are responsible. We have
permitted both state our and federal governments to have control over our
children’s education, which has resulted in the dumbing down of generations
so that most of us cannot detect the slow perversion of our freedom.
Thomas Jefferson cautioned us that “freedom is not free; the price you
must pay for freedom is eternal vigilance.”
As a people we have for many years been apathetic to the Congress, the
President and the Judiciary, so much so that we never noticed the subtle,
diminishing changes that were occurring to our freedom, right in plain sight.
We have not been vigilant.
Somewhere along the way this plan for a republic went dreadfully
wrong. Without any constitutional authority, the republic was transformed
into a democracy. Now the President makes law by Executive Order, again
without constitutional authority. The Congress is powerless because of fierce
partisanship and the constant pursuit of money from the international
corporations needed to perpetuate their political lives. The result is that
they do nothing to check and balance the other runaway branches of our
government. The agencies that were created by Congress to make and
enforce regulations and administer the draconian laws of the Congress and
the Executive branch now answer only to the diseased, corrupted body of the
Executive branch, which answers to no one but the international cartel of
bankers, philanthropists and senior level policy wonks.
These incomprehensible laws of Congress, especially the taxing statutes,
are patently unconstitutional in their application to the citizens of the fifty
states. But this seizure of the productive people’s wealth for the benefit of the
non-producing minority and the imprisonment of those who resist this theft
have been ratified by a corrupted federal judiciary and Supreme Court. That
briefly sums up our present day democracy and the state of the union.
xiii
Where did it all go wrong? You are about to find out, and you are not
going to like it one bit.
I truly believe that many of the problems we have with government and
the judiciary today stem from the deliberate bastardization of the English
language by those in government.
The laws of English grammar are totally inflexible. It is absolutely
impossible for any English-speaking nation that prides itself on the assertion
that it is a nation of law and not of men, without adhering to a strict discipline
in the use of the English language and grammar, to be anything other than a
nation of men without law. Proper English is essential in the drafting of those
national laws; otherwise tyranny will always be the end result.
The Supreme Court has pontificated that the Constitution is a living,
breathing document, and that, as such, it must evolve with the changing
society that it governs – that they, this majestic body of legal intellectuals,
in this process of an ever-evolving society, must interpret the organic
Constitution for us, the ignorant masses.
Preposterous!
The Constitution is written in plain English so that anyone with a fifth
grade education can understand its simple meaning. It isn’t written in Russian
or Chinese and doesn’t need interpretation. Does the Constitution get cold
or hot, sick or diseased? Does it get old and senile?
The Constitution is not a living, breathing document. It’s a dead
tree! – a dead tree that was processed into paper so that eternal ideas and
heavenly concepts of men governing themselves could be preserved for future
generations. It was written by noble visionaries that we call our founding
fathers. That is what the Constitution is, period!
The visions and concepts immortalized in the Constitution cannot
evolve with our society, because man by the very nature of being man rarely
rises to a higher level of nobility. We as a species usually evolve to a lower base
of decadence – immorality – one notch above a slug; that’s the nature of man
and it has been so since the Garden of Eden.
The United States Constitution – this document that the learned justices
say must evolve to keep up with our society – is why we were the only nation
in the entire existence of the human race to ever promise life, liberty and the
pursuit of happiness to all of its citizenry and then deliver on that promise.
Look around and determine for yourself if we are a moral society that must
have an evolving Constitution to keep up with us.
Our government has taken from us our common law and the protections
it afforded us and replaced common law with government-made vulgar law,
called statutory law, that strips us of our freedom by creating legal fictions
and compelling performance from those legal fictions which common law
did not.
xiv
As a nation we have more citizens in prison than any country in the
world – over two million – and ninety percent of the crimes of which they are
accused are victimless crimes. The law they violated most likely was paid for
by corporations to protect them from us.
We, however, are the problem, because we operate like the tool of
the new king and we do his bidding without questioning whether the
law is a good law or a bad one. It is our responsibility as jurors to ask
those questions, but we have let the prosecutor and the judge tell us
what the law means instead of using God’s gift of intelligence to discern
for ourselves. We are responsible for determining not only the facts but
also the law. If that were not true, then we would still have legal slavery
and be prosecuting people for helping slaves escape under the Fugitive
Slave Act. That law was interpreted and upheld by the courts of the
time. Decent jurors who did not agree exercised their right of jury
nullification, the most cherished right we as Americans possess.
We now have replaced morality with abortion on demand, and if we do
not kill our children in the womb, we tax them to death the moment they are
born. Does it not seem immoral to permit a Congress to spend money that
it does not have so that every future generation will be obligated to pay, from
their labor and property for their entire life, on a debt that is sixty or eighty
years old? The moment your child is born, she has a debt to the Federal
Reserve Bank, Inc., of $22,000 and rising. It is not only immoral; it is the
thing of which violent revolutions are made. If we do not stop this insanity
here and now, our grandchildren will, and it will not be pleasant. Waco,
Texas, is the example of what the New King wanted us to see, because that is
our future if we do not comply with the King’s demands.
We permitted our government to negotiate and pass the NAFTA and
GATT treaties, which guaranteed that this nation will never again be an
industrial or technological world power, assuring that our people are doomed
to a third-world agrarian life within the next fifty years.
As I write this introduction, my book is finished and I have reviewed its
contents. Because of my knowledge of government corruption, I am becoming
incensed while organizing my thoughts for this introduction. My antagonism
was so great while I was researching that I expatriated my citizenship from
the corporate UNITED STATES. That expatriation document is in the first
chapter of this book and sets the tempo for the remainder. I hope that if
nothing else you will come away from this reading experience a wiser and
more determined citizen of your state, with a passion for recovering what was
ours and what was stolen from us.
xv
CHAPTER ONE
CITIZENSHIP EXPATRIATION
1
2 Fruit from a Poisonous Tree
of men. And if a sparrow cannot fall to the ground without His notice, is it
probable that an empire can rise without His aid?”
If our liberty and nation were still under God’s protection, none of us
would be reading this book; we would be in full measure out in pursuit of our
happiness. By rejecting God’s plan for our future, we have chosen to adopt
man’s temporal plan, and we must suffer the consequences of that choice.
Many years of legal research has led me down many paths in pursuit of
truth. I didn’t receive Truth in law school or at any time during my formal
education, with the exception of a one-room schoolhouse in Kentucky. That
school didn’t receive any federal funds for education, so the subject matter the
teacher taught was not restricted. Our teacher had a remarkable understanding
of the national and state Constitution and the framers’ intent, along with
Thomas Jefferson’s negotiations with the State legislature documented in the
Kentucky Resolutions – fascinating reading then; visionary in the present
day.
In later years far removed from that one-room schoolhouse, what I
received at public schools supported by federal grant money was revisionist
history and omission of the truth in everything other than the sciences. After
all, I had an education controlled by the federal government’s money. I was
taught what the federal and state governments wanted me to learn – nothing
more, and certainly not the truth.
The old axiom that “truth is the first casualty of war” is as close to any
truth that you will ever find in your investigation of the federal government.
That being the case, we have been lied to by our government and have been
at war with our national government for a very long time, and I believe that
is the truth.
As I write, for each of us within this country, our liberty is perishing – that
liberty crushed beneath the constant growth of state and federal government
power. More than ever before, the federal, state, and local governments are
confiscating citizens’ property, trampling rights, and decimating opportunities
for any prosperous future you may have hoped for. Since 1933, a concentrated
effort has been made to impoverish the people of America. Our wealth has
been systematically stripped from us by rapacious taxation and outright theft
in the form of usury (interest) and fractional reserve banking policy.
Federal agencies publish an average of over two hundred pages of new
rulings, regulations, and proposals in the Federal Register each business
day. The expansion of the federal code is one of the most obvious measures
of the increase of administrative control over the citizen. The politicians’
effort to socially engineer society by an endless multiplication of penalties,
prohibitions, taxes and prison sentences, is a dismal failure. What has been
lost in their effort is our freedom.
Mel Stamper 5
The attack on the individual’s rights has reached a point in our lives where
a citizen has no right to the use of his own land if the bureaucracy determines
it to be a wetland, no right to the money in his pocket or bank account if
an IRS agent determines he has taxes owed, and no right to his property if a
duck, flying south for the winter, lands in a puddle in his backyard. A man’s
home is his castle, except when a politician wants the land the house is built
on for a low cost housing project.
In America today, a citizen’s use of his own property is presumed illegal
until approved by multiple zoning and planning commissions. Since 1985,
federal, state, and local governments have seized the property of over two
hundred thousand Americans under asset forfeiture laws, often with no
more evidence of wrongdoing than an unsubstantiated assertion made by an
anonymous government informant.
Government officials now exert vast arbitrary power over citizens’ daily
lives, from Equal Employment Opportunity Commission bureaucrats that
can levy a $145,000 fine on a St. Louis small businessman because he did
not have 8.45 minorities on his payroll … to the Minnesota and Wisconsin
departments of natural resources, which regulate property so that you may
not use the lake or swamp contained on your land because an endangered
mouse species lives nearby.
Federal agricultural bureaucrats can prohibit Arizona farmers from selling
fifty-eight percent of their fresh lemons to other Americans.
Customs Service inspectors can destroy import shipments without
compensating the owners.
Federal bank regulators are officially empowered to seize the assets of any
citizen for allegedly violating written or unwritten banking regulations.
Federal regulations dictate what price milk must sell for, what size
California nectarines can be sold, what crops a person may grow on his own
land, what apparel items a woman may sew in her own home, and how old
a person must be to buy a beer, even though he is old enough to die for his
country.
The Internal Revenue Service is carrying out a massive campaign against
the self-employed that seeks to force over half of America’s independent
contractors to abandon their own businesses.
NAFTA and GATT agreements are forcing small industries into
bankruptcy because their customers have moved to Mexico or Indonesia.
Government agencies are more out of control than ever before, and the
Supreme Court, the supposed bastion and protector of the Bill of Rights, has
ratified the power of these federal employees.
6 Fruit from a Poisonous Tree
method of human conquest: slow political coups d’etat over one sector of the
economy and society after another. Government subsidies have become a
major factor in squeezing out unsubsidized developers, unsubsidized schools,
unsubsidized theater producers, and unsubsidized farmers. The money is
extorted out of the lifeblood of the citizen by rapacious and unlawful taxes
while the subsidies slowly smother his freedom. A government powerful
enough to give you everything is powerful enough to take everything away.
Former President Clinton set aside 1.7 million acres of Utah to be
protected by the federal government. That sounds warm and fuzzy until you
understand that the land federalized was the nation’s largest reserve of soft
coal. The electric utilities must now buy their coal for electrical generation
from Indonesia – soft coal owned by the Lipo group, the same organization
that donated millions to Clinton’s election campaign.
Beggaring the taxpayer has become the main achievement of the welfare
state. The federal tax system is turning individuals into sharecroppers of
their own lives. The private economy has become an agent of the federal
government. At least fifty percent of the total productive resources of our
nation are now being organized through the political market in the form
of taxes. In that very important sense, we are more than half socialist. The
average American now works over half of each year simply to pay the cost of
government tax and regulation.
High taxes have created a moral inversion in the relationship between
the citizen and the state. Before the income tax, the government existed to
serve the people at least in some vague nominal sense; now the people exist to
provide financial grain for the state’s mill. Federal court decisions have often
bent over backward to stress that citizens’ rights are nearly null and void in
conflicts with the Internal Revenue Service. IRS seizures of private property
have increased by six hundred percent since 1980 and now hit over three
million Americans each year.
Not only do we have more laws and regulations than ever before, but the
laws themselves are becoming less clear, consistent, or coherent. An example is
the tax code. In 1913, a debate was held on the Senate floor regarding the first
income tax act under the 16th Amendment. Senator Elihu Root commented
about the complexity of that first law. His comment was humorous then; it
is hilarious now:
“I guess you will have to go to jail. If that is the result of not understanding
the Income Tax Law, I shall meet you there. We shall have a merry, merry
time, for all of our friends will be there. It will be an intellectual center, for no
one understands the Income Tax Law except persons who have not sufficient
intelligence to understand the questions that arise under it.”
8 Fruit from a Poisonous Tree
giving one group of people the power of invention over others as to how they
must conduct their affairs.
The power accumulating in a central government is not put on display
at the Smithsonian Institute; it is exercised in day-to-day life. The larger it
becomes, the more oppressive it will become, regardless of the intentions of
those who advocate larger government.
The average American’s understanding of liberty and the threat to its
survival has declined sharply since the nation’s birth. The Massachusetts
colonists rebelled after the British agents received “writs of assistance” that
allowed them to search any colonist’s property.
Modern Americans submit passively to law enforcement sweep searches
of buses, schools, and housing projects without valid search warrants. Virginia
revolted in part because King George imposed a two-pence tax on the sale
of a pound of tea. Americans today are complacent while Congress imposes
billions of dollars in taxes, increasing the projected federal debt into double
digit trillions.
Federal agencies have the power to act as prosecutor, judge, and jury in
suits against private citizens. Maine revolted primarily because the British
Parliament issued a decree confiscating every white pine tree in the colony;
modern Americans are largely complacent when local regulatory agencies
impose almost unlimited restrictions on individuals’ rights to use their own
property.
The initial battles of the Revolution occurred after British troops tried to
seize the colonists’ private weapons; today, residents in Chicago, Washington,
D.C., and other cities submit to de facto prohibition on handgun ownership
imposed by the same government that grossly fails to protect the citizen from
private violence.
The 1775 Revolution was largely a revolt against growing arbitrary
power. Nowadays, seemingly the only principle is to have no political
principle: to judge each act of government in a vacuum – to assume that
each expansion of government power and nullification of individual
rights will have no future impact. The Founding Fathers looked with
horror at the liberties that they were losing, while modern Americans
focus myopically on the freedoms that they still retain.
America needs fewer laws, not more prisons. The Founding Fathers
realized that some amount of government was necessary in order to prevent a
“war of all against all.” By trying to seize far more power than is necessary or
granted by the Constitution over American citizens, the federal government is
destroying its own legitimacy. We face a choice not of anarchy or fascism, but
12 Fruit from a Poisonous Tree
be the accuser, counsel, judge and jury, whose suspicions may be the evidence,
his order the sentence, his officer the executioner, and his breast the sole
record of the transaction: that a very numerous and valuable description of
the inhabitants of these States being, by this precedent, reduced, as outlaws,
to the absolute dominion of one man, and the barrier of the Constitution
thus swept away from us all, no rampart now remains against the passions
and the powers of a majority in Congress to protect from a like exportation,
or other more grievous punishment, the minority of the same body, the
legislatures, judges, governors and counselors of the States, nor their other
peaceable inhabitants, who may venture to reclaim the constitutional rights
and liberties of the States and the people, or who for other causes, good or
bad, may be obnoxious to the views, or marked by the suspicions of the
President, or be thought dangerous to his or their election, or other interests,
public or personal…”
Jefferson’s statement is as valid in 2003 as it was in 1798. It lends a
chilling historical prospective to the present “Patriot Act” and our present
condition compared to events in America in 1798 brought on by the Alien
and Sedition Act (Whiskey Rebellion).
Congress and the other branches of the federal government are not a
party to the Constitution; they are products of it. The Constitution vests
Congress with certain delegated authorities under Article I; nothing more.
Within its own borders, state authority is antecedent to that of the United
States, and as parties to the Constitution, the several states have both the right
and responsibility to correct their agent, the United States, when ambition
seeks to abuse or expand powers which have been delegated.
Of more immediate importance where the instant matter is concerned,
those who exceed the law, whether of the State or the United States, are
accountable to the law of the land and, ultimately, to the People of the land
within the several States. Operation under color of law is outlaw, criminal,
and accountability must be in law. Judges, magistrates, attorneys for the
Department of Justice, and enforcement people do not have immunity when
they exceed the law as it is written.
This War on Terrorism is not a war at all. Congress is the only
constitutional body that can declare war. It is a convenient tool being used
by the President to expand power and control over each of us Citizens –
nothing more. The government will not be happy until the last vestiges of
our Constitution are torn from us, leaving no protection from the servitude
expected from us all.
The federal government has never kept its word in either the conduct of
internal policy (Constitution), in treaties with the Indians or in international
policy.
16 Fruit from a Poisonous Tree
only chance to protest what may end up being the most significant event in
our nation’s history – events that your grandchildren will not forgive you for
if you do nothing.
Some people argue that we live in a “lenient” society that has more than
enough liberty – that we can afford to lose some. Others have argued that
only those people who are criminals or buying and selling drugs or gun
owners have concern about the Bill of Rights.
Some might think my perception is too negative; they are probably
correct. But being a sentinel for freedom is my responsibility and yours as
well if we wish to remain a great nation. On my way to Hawaii three weeks
after the New York tragedy, I was sitting next to a young woman who worked
for the World Bank in Washington. She maintained those sentiments. As I
excused myself and moved to another seat, I told her that I was not going to
spend the next seven hours listening to an idiot mouth concepts about which
she had absolutely no understanding of the gravity of her conclusions.
In my opinion, most of the general population who espouse those beliefs
do not have the brains God gave a goose. They don’t realize that once the
freedom is given away, it will never be returned, and the rights which are used
by criminals to evade incarceration are the same rights which protect each of
us. If one is denied that right, so too will all be denied that right.
In undergraduate school, I took several American history courses, as that
subject has been of interest to me for the last thirty years and it is an excellent
foundation for law. But I discovered that what was written in the history
books was not the same as what was written in the settled case law of that
same time period. The law is where the true history of a nation is found, not
in a revisionist history book.
This nation’s history is composed of many great dreams and ambitions
which were sacrificed upon the altar of “pragmatism,” “necessity,”
“circumstance” and “thousands of dead heroes.” Our constitutional rights are
like that.
The government has never simultaneously observed all the first Ten
Amendments to the Constitution for the United States of America as they
are actually written. The government, all three branches, has always been
quick to say, “That’s not what they meant,” as if we are too stupid to read the
simple language of that compact and understand the founders’ intent; and
that’s in good times.
In dreadful times, when things get difficult and Americans are concerned,
distressed, or angry, things get suddenly worse. This has been true from the
very start of our nation.
Here are some examples of American history that we were not taught in
school.
18 Fruit from a Poisonous Tree
in the United States. To be an unregistered alien was against the law. This
law also outlawed all organizations that advocated the overthrow of the
government, perhaps a reasonable measure in war, but this law was passed
during peacetime. The Smith Act was abused to jail labor leaders, socialists and
communists who were opposed to the ways of the robber-baron capitalists,
the very ones who created the conditions for the Great Depression.
The Red scare of the 30s and the communist witch-hunt, of the 40s
and 50s ruined many American lives. Their only crime was to know the
“wrong people,” or to hold liberal opinions, or to have such opinions in their
youth and the gall to stand up to demagogues and others who used anti-
Communism as the key to increasing their own power.
The 1950 Internal Security Act, passed by a super-majority to override
Truman’s veto, required registration of people and groups who were
communists or who had beliefs similar to communists. It created detention
centers around the country, which would be filled with FBI-identified
subversives if the President declared an emergency. Those detention centers
are still in existence and new ones have been built all over this country to
hold us. There are over forty-three of them at present under the direct control
of the Federal Emergency Management Agency (FEMA).
More recently, many are familiar with the history of the civil rights and
anti-Vietnam War movement. Did you also know that the FBI’s operation
Co-intelligence Program (CointelPro), approved at the highest levels of
government, had as its object the suppression of those who worked to change
the system? It was used to intimidate the membership, discredit leadership,
and even put into jail those who fought for freedom and peace, in a manner
that was not only grossly immoral but also completely illegal. That was only
thirty years ago.
And there is Watergate and Nixon’s inches-thick list of enemies. He used
the power of the IRS, FBI, Customs, and other federal agencies to harass or
eliminate his political opponents and everyone he suspected of disloyalty or
political opposition. That took place only twenty-five years ago.
And now, after twenty-five years of drug war and a drug-war friendly
Supreme Court, we’ve seen our protections under the 4th and 5th Amendments
eroded to nothing. All of these deprivations of liberty are always under the
pretext of some alleged war.
We’re at a watershed point in our nation’s history. Not everyone who cries,
“We must fight terrorism!” is really a friend of the Republic and freedom.
Some people think that we should live in a society with a lot fewer “civil
rights.” They believe that some opinions should be illegal, some activism
should be forbidden. It is this type of individual that permeates the Congress
and the federal judiciary.
20 Fruit from a Poisonous Tree
People suffer because those who have and exercise power are imperfect
people. They always make mistakes. They get eager in protecting us and, in
so doing, forget that the actions of the over-eager bureaucracy are the clear
and present danger to the people. Some of them have a desire to exercise and
abuse their power, to silence their antagonists, to persecute those who are
different from them, to make others bow to their demands. Those types of
individuals make great prison guards, politicians and judges.
A strongly respected constitution helps keep a restraint on all that.
Nothing but God can stop a government that is resolute to ignore its
Constitution. The War Powers Act, Alien and Sedition Acts, Red scare,
Watergate, CointelPro and now the Patriot Act, are examples in our shameful
history that illustrate a government completely out of control.
But the Constitution was drafted in order to make things safer by
introducing safeguards. Competing interests and the Separation of Powers
doctrine between the three branches of government, each jealously protecting
its own power, are the instruments by which our freedoms are enforced or
should be.
When they are not, then you’d better watch your ass if your opinions are
unpopular, unpalatable, or even dangerous to the status quo. The first rule
of “Watching Your Ass” is making sure that you don’t look or sound like an
Enemy of the State. It’s called the “Ostrich strategy.” Self-censorship is always
the first step in the loss of freedom, lest you draw attention and the power of
those who might do you harm for speaking your opinion.
Self-censorship makes it easier for further more draconian steps to be
taken, as no one says: “Stop! This is unconstitutional.” We fear that if we said
that, we might be singled out for government reprisal.
“When Hitler attacked the Jews, I was not a Jew, therefore I was not concerned.
And when Hitler attacked the Catholics, I was not a Catholic, and therefore, I
was not concerned. And when Hitler attacked the unions and the industrialists, I
was not a member of the unions and I was not concerned. Then they attacked me
and the Protestant church - and there was nobody left to be concerned.”
This quote is from a pastor who opposed Nazism in Hitler’s Germany.
He was speaking for the reaction, or lack thereof, of all people of good will
in Germany to the events that transpired there. It’s the silence of people of
good will that allows manifest evil and fascism to entrench its self. “Evil can
flourish only when men of good will do nothing” is an ancient maxim that
has profound meaning in our time.
I am not saying that the U.S. government is filled with Nazis. God
willing, that specific species of human lunacy will never return. But the
lessons learned in the fight against fascism should always live within us like a
festering boil on the surface of our consciousness. Don’t be silent, and don’t
22 Fruit from a Poisonous Tree
censor yourself. Speak out against those in power and let them know you
disagree and that you are watching their every move.
This is the responsibility of citizens in a Republic. I believe a Republic’s
strength does not result from voting. In our country, half don’t vote because
there isn’t much in the way of a choice: There is Daryl, my brother Daryl
and my other brother Daryl – not a penny difference between them. But
we still have a strong country because people have a right and feel safe in
expressing dissatisfaction. This operates as a relief valve for our frustrations
and criticisms of those in power.
There’s a partition between our leaders and us that has grown larger with
each passing year and each new shelf row of Federal Register publications.
Many of our representatives are hearing only the call from the President
and Attorney General to give them more power in order to make us safe
from terrorism, no matter the cost, no matter the loss of precious freedom.
Absolute safety can be achieved only in a police state, and then it is the state
that is the source of all terrorism. This has been the story of human societies
from time immemorial.
Few of these new laws are made for the prosecution of a war on foreign
terrorists. We already have every legal tool needed to do this. The purpose
of most of these changes is for the collection of more information about
Americans, without the regulation of a judge and the restrictions imposed
by the Constitution. The law already allows intelligence and investigative
agencies to spy on foreigners without any serious obstacle. These laws can
be only for the monitoring and imprisonment of those living in the US who
have differing opinions of what makes for a fair and just society, citizen or
foreigner. The government’s opinion may be diametrically opposed to your
own.
Our war right now is against terrorists in the Middle East. The first people
targeted in this country will be Arabs and Moslems. Since I’m not Arab or
Moslem, it is none my concern. Next will be the civilian state militias. Since
I am not a member of the militia, it is none my concern. Next will be the
Christians with their belief in a power higher than the government.
Will there be anyone left to object?
We as the unified voice of We the People must, when the first of us is
targeted, shout out from the highest hill…
Go to Hell!
Mel Stamper 23
CITIZENSHIP REPUDIATION
This is to certify that I; Melvin Stamper, was born January 7th, 1940, in
the Sovereign Republic State of Kentucky. I presently live upon the land of
the Sovereign Republic State of Florida. I am not a Resident or Citizen of the
UNITED STATES Government (Corporation), whose situs is Washington,
the District of Columbia. My relationship to that Federal entity as far as
jurisdiction is that of a non-resident alien to the Corporate United States
Government.
I am a free and natural human man, described by the Lord God as
a Living Soul, living under the common law and the fear of God. I have
assumed among the Powers of the Earth, granted by the Lord God Almighty,
the Separate and Equal Station to which the Laws of Nature and Nature’s
God entitle me. Therefore, in order to secure the Blessing of Liberty to my
posterity and myself, to re-acquire my Birthright as a member of the Sovereign
Body of “We the People,” I hereby Asseverate and Revoke my Citizenship,
if any ever existed, with the Legal fiction known as the UNITED STATES
Government (Corporation).
I further rescind any and all feudal contracts with that Federal government,
its agencies and with the State of Florida and its agencies. I have rescinded
the Social Security number, fraudulently issued me by the government at the
tender age of 13, as I was legally incompetent to enter into a legal contract
with the government. The government by misinformation led me to believe
at that time that I was required to secure a Social Security Account number
in order to gain employment, which is simply not true. The government
agent who obligated me to the Social Security System knew or should have
known that there existed serious liabilities to anyone who accepted a Social
Security Number. That Agent had a fiduciary responsibility to inform me of
the true nature of the Social Security Trust Account and the obligations and
24 Fruit from a Poisonous Tree
liabilities that the Trust involved. By the government’s silence on the matter,
the government established, by fraud, a Constructive Trust Agreement with
me which must be vitiated. Since receiving that Account, I have through
my religious instruction come to the belief that the Social Security number
may be what is referred to in the Holy Bible, Book of Revelation 13:16-18
and 14:9-10, as the mark of the beast or at the least its precursor. For me to
participate in that program and continue to use that number may place my
eternal soul in jeopardy. This I will not and cannot do.
The money which I have paid into that Socialist system for over forty
years, including the monies paid by my employers’ demand, is hereby made
for full reimbursement to me. I do not wish, nor am I permitted by God,
to make myself a ward of the State, as would be the case if I accepted the
Social Security benefits. I demand the same treatment that was given to the
people of the Philippines who were participants in the Social Security Trust
and choose Citizenship of the Philippines over that of the United States. As
the Social Security program is not a feudal contract, in that Congress gave
no property rights to a Social Security Trust Account, I demand the contract
be voided and all monies returned, as would be the case for any fraudulent
contract or Constructive Trust Agreement. The United States Government
Corporation should not enrich its self from the Fruits of a Poisonous Tree.
I emphatically deny that I have ever filed for bankruptcy protection. Nor
have I ever given my Power of Attorney to anyone or to the State of Florida or
any of the union states or the UNITED STATES (Corporation) government
for the purpose of instituting a bankruptcy action in my name. Nor granting
that my Labor and or my Property of whatever kind, or wherever situated,
be held as collateral in any bankruptcy proceeding of the State or Federal
governments. Nor any scheme, using my labor and property as collateral, to
support or fund a fiat money scheme of the Federal Reserve Bank, Inc. and/
or the State of Florida and/or Federal UNITED STATES Government.
Three generations of a proud and patriotic family will suffer the anxiety
of their spirit as a result of my having chosen to recognize the malignant and
treasonous misconduct of this government and speak out against it. Some of
my reasons for repudiating that Citizenship status are defined in the following
Articles and by the totality of this document, are made a part hereof.
I have lived a productive and eventful life, now in anticipation of the
end and God’s mercy. Undoubtedly the singularly most horrific moment of
that life was the conviction to repudiate my Citizenship of the UNITED
STATES. Those words, “REPUDIATE MY CITIZENSHIP,” crushed the
very soul within me. I stand now beneath that flag I served with pride for
nearly forty years. The memories of our brave young men, my comrades in
arms, who defended the Constitution, who never had a life, flood before
Mel Stamper 25
me. They sacrificed all of their tomorrows so that I might have mine. Those
memories will always remain with me and be remembered with humble
honor and gratitude.
The awful knowledge and horror of betrayal by my own government of
which I was once so proud, is an unbearable sorrow that I must now carry to
my grave; but I shall do so a free man. Perhaps the American people are like
the frog that is heated slowly to a boil in a pot of water. If we had detected the
heat sooner, we could have jumped out, saving the Republic and ourselves.
But, alas, our grandfathers were asleep at the helm and not as vigilant as
they were instructed to be by Thomas Jefferson. Americans are now awakening
to the cataclysmic reality of a Fascist, one-world government, having replaced
our intended Constitutional Republican Government.
ARTICLE I
Since 1933, our government has refused to “secure” our Right to Life,
Land or Liberty by persistently increasing our burden by Regulations,
prohibitions, legalized abortion and unlawful taxes. They have bastardized
our Judicial System with Statutory Law, replacing the Common Law and the
protections which it afforded us with the severe and brutal Equity/Admiralty
jurisdictions, where the Constitution is of no protection. They have lied and
withheld the truth about the jury’s power to judge the law as well as the facts,
all but turning the jury system into a prosecutor’s tool and not our protection
from over-zealous prosecutors that it was intended to be.
They have increased our Prison population to nearly one and a half
million inmates, the largest imprisonment of its own citizens of any country
in the world. They now prepare plans for new prison construction for the
new millennium, projecting twenty years in advance and building cells for
our as yet unborn children, as though all or most of our offspring will be
criminals. This reality alone reduces the expression, “The home of the brave
and Land of the Free” to mere illusion and an oxymoron. But these evils
were/are also sufferable, and we let the water get hotter.
ARTICLE II
Now, the United States government not only refuses to “secure” our
Right to Life, it is openly seeking to diminish or even eliminate that Right in
order that a foreign people we neither know nor see might survive. Thanks
to the UN (New World Order), NAFTA, GATT, and every whore, coward
and traitor elected or appointed to American public office that voted in favor
of those dastardly Treaties, our very survival as a people is now at stake. Our
government’s Evils are no longer sufferable.
The La Paz portion of the NAFTA agreement provides for the forfeiture
of a thirty-mile wide strip of American soil to a foreign power (the UN)
across the entire 1,935 miles of border between Mexico and the U.S.A.
Roughly sixty thousand square miles of American soil is being surrendered
without a single shot being fired. That’s more land than is contained in Rhode
Island, Delaware, Connecticut, New Jersey, New Hampshire, Vermont,
Massachusetts, and Hawaii combined, constituting the single greatest act of
treachery in the history of this nation. Even more land is being surrendered
as National Parks are converted to UN Biospheres. Thank the Lord that the
legislature of Kentucky flat out refused to go along with the surrender of any
of their land to a UN Biosphere.
Mel Stamper 27
ARTICLE III
ARTICLE IV
The Bill of Rights clearly defines the most often “government” abused
individual liberties. It forbids the Federal Government to violate any of these
unalienable rights of the people and reserves all other rights of a sovereign
not delegated to the United States, to the States: the States’ authority and
sovereign rights would be determined by the people in their individual state
Constitutions. All sovereign rights not delegated to the Federal or State
Governments by the people remains with the people.
On April 19th, 1993, at Waco, Texas, the United States (Corporation)
showed its utter contempt for the unalienable Rights of its Citizens and
the Sovereigns of its creation. Eighty-six men, women and children were
murdered by Agents of the FBI and BATF, with the sanction of the Executive
Branch of that government. An internal investigation by the Department of
Justice (the fox asked to investigate the fox in the hen house), determined
that the agents of the government perpetrated no criminal acts. The majority
of this nation’s population knows it was murder and will never forgive nor
forget this manifestly evil work. I can no longer abide in this government’s
unlawful conduct and moral bankruptcy, because as a citizen, by proxy, I am
guilty also.
This is one of the many reasons, I must sever my relationship with the
UNITED STATES (Corporation) government, to ease the heavy burden on
my soul these foul deeds have laden it with. The water has gotten too hot for
me.
ARTICLE V
On page 160 of the 1977 “Human Drug Testing by the CIA” Senate
report (S. 1893), they discussed “EA3167” – a compound they could rub
up against you and it would absorb into your skin and kill you. They tested
it in Pennsylvania and Kentucky prisons. It was applied to the skin through
some type of adhesive tape. They also did this on military and civilian people
without telling them what they were exposed to or getting their informed
consent. As if anyone would volunteer!
The primary excuse for nearly going to war again with Iraq in February,
1998, was the suspicion that Iraq had been conducting biological experiments
on its own prisoners. If those experiments are evil for Iraq, how then can they
be legal, moral or ethical, in the United States of America? Have you clones
of hydrocarbon base gone completely insane?
In 1997 Congressional hearings, the Army admitted conducting these
experiments but argued, “We just didn’t tell you about it because nobody was
hurt and there was no problem.” No problem?
I have a serious problem with this outrageous conduct. Title 50, Chapter
32, Section 1520, permits the government to experiment on us with biological
and chemical agents. Thanks to a treacherous Congress, it is now legal for the
DOD or their contractors to experiment with biological and chemical agents
on the American people.
The only proviso Congress imposes on them is that at least two
unspecified local officials be notified within the subject community, and they
could be the garbage collector or the water meter reader. Once that major
communication event occurs, the test can begin within 30 days. But we are
not told; our children aren’t told. No problem?
“And after these things I saw another angel come down from heaven,
having great power; and the earth was lightened with his glory. And he cried
mightily with a strong voice, saying, ‘Babylon the great is fallen, is fallen, and
is become the habitation of devils, and the hold of every foul spirit, and a
cage of every unclean and hateful bird. For all nations have drunk of the wine
of the wrath of her fornication, and the kings of the earth have committed
fornication with her, and the merchants of the earth are waxed rich through
the abundance of her delicacies.’ And I heard another voice from heaven,
saying, ‘Come out of her, my people, that ye be not partakers of her sins, and
that ye receive not her plagues. For her sins have reached unto heaven, and
God hath remembered her iniquities.’” – Revelation 18: 1-5
As one of God’s people, I must now also leave Babylon the Great and
not partake of her sins any longer lest I receive her plagues, for her sins have
reached unto Heaven, and God will remember her iniquities. May God have
mercy on the United States!
Mel Stamper 33
Conclusion
On every front, with blinding speed and inexhaustible power, the evil forces
of darkness of the New World Order are closing a Ring of Fire on freedom. In
every domain and field of human endeavor, the choking, suffocating idolatry
permeates all fields of human thought, corrupting our language, destroying
truth and justice, demolishing integrity and virtue, enacting totalitarian
legislation and controlling education and communications. Above all, the
vilest evil is the destruction of our unborn children – a thing so horribly vile
that even maggots in filth do not do. Then the attack on our faith and its
foundations of Biblical thought and experience, demonizing God’s followers
as religious right-wing zealots to be held in ill repute, ever rapidly expanding
its deviancy of evil, closing the parameters on the just, as the UNITED
STATES collapses inextricably into Babylon.
What malevolent force of darkness captains the ship of State for Columbia,
the Gem of the Ocean? God save me, but the UNITED STATES government
is no longer sufferable. I can tolerate its pernicious and predatory conduct no
longer as a citizen of the UNITED STATES (Corporate) fiction.
I hereby repudiate, rescind, renounce and disavow any CITIZENSHIP
status with the UNITED STATES GOVERNMENT that I may have
inadvertently acquired, by any scheme, for the reasons detailed in the
foregoing Articles. My birthright now being re-secured as a member of the
Sovereign Body of freemen and women known as Americans, I hereby pledge
my allegiance. America demands no less from me in that freedom has never
been free. My love for the united States of America has never been stronger.
So help me GOD; Lord Jesus come quickly.
Dated this 2nd day of September in the Year of Our Lord Nineteen
Hundred Ninety-eight.
Are both classes of Citizenship the same and, if not, what is the
difference?
Citizens of the Union States have the right of suffrage (right to vote);
District citizens have no such right.
If you are not a United States citizen of Washington, D.C., or the
territories and possessions, then what are you in relation to the federal
government?
NON-RESIDENT ALIEN
At first that term does not seem to describe your relationship to the
federal government, but Federal Income Tax Law and the Supreme Court
enlighten greater understanding of the term. The revenue laws do not use the
term “sovereign citizen.” Those laws refer to United States Persons, Resident
Aliens and Nonresident Aliens. U.S. persons are defined to include, among
other things, citizens and residents (i.e.: resident aliens) of the United States.
The Supreme Court decision on a tax case determined the issue. Brushaber
v. Union Pacific Railroad Co. Inc. (240 U.S. 1) 1916 is often cited by the IRS
as demonstrating its authority to collect income tax and that the income
tax is constitutional (limited application). What the IRS fails to mention,
and what is not apparent from looking at the court’s ruling in the case, is
that the case concerned income from within the United States accruing to a
nonresident alien, which is subject to the federal income tax because he was
involved in a trade or business with a federally-chartered corporation.
Treasury Decision 2313 in elaborating on the case makes this apparent:
“Under the decision of the Supreme Court of the United States
in the case of Brushaber v. Union Pacific Railway Co., decided January
24, 1916, it is hereby held that income accruing to nonresident aliens
in the form of interest from the bonds and dividends on the stock of
domestic corporations is subject to the income tax imposed by the act
of October 3, 1913.” (Treasury Decision 2313)
It is based upon the decision of the Supreme Court in a lawsuit
brought by a citizen of New York, living in Brooklyn, against the Union
Pacific Railway Co., a federally-chartered corporation. The purpose of the
suit was to prevent the railway company from withholding the 1% tax
36 Fruit from a Poisonous Tree
from the dividends payable to the New Yorker. The state citizen lost that
case. In reliance upon that decision, the Treasury Department referred to
the New Yorker as a nonresident alien who, as such, was not exempt from
the withholding of taxes from dividends payable by a domestic corporation
(i.e., chartered by the federal government)! The fact that TD 2313 called
Mr. Brushaber a nonresident alien seems proof enough that citizens of states
are nonresident aliens for all purposes of the Code, and if this is true, then
a corporation chartered in a state is foreign, while only federally-chartered
corporations can be domestic. So, anything done in a state is done without
the United States.
The Treasury Department actually confirmed their understanding by
their analysis of the Brushaber case on the status of a sovereign citizen as
being a nonresident alien for revenue purposes.
A nonresident alien is anyone who is neither a citizen nor a resident
(alien) of the United States. Since the sovereign citizen is not a “citizen of the
United States” under the Code (by virtue of the definition in the regulations),
and since he does not fit the definition of a resident alien, by elimination, he
must be a nonresident alien!
The term “alien” must apply to the sovereign citizen, because he is alien
to the status of subject citizen, and he does not fit the special definition of
resident found in the 14th Amendment. It may also be said that, since the
sovereign person does not live within the political jurisdiction of the United
States, he is nonresident thereto. Thus, he can be nonresident to the place, as
well as nonresident and alien to the status of subject citizen.
Under the language of the Code, as interpreted by the tax regulations, the
sovereign citizen may be liable for the tax applicable to the nonresident alien.
The Code subjects nonresident aliens to taxes upon income which is received
either from a trade or business “effectively connected with the United States,”
or from a source “within” the United States. Do not assume that this means
some place as foreign as France or Japan. It appears to refer to the fifty states,
just as clearly as did TD 2313.
As to taxability of nonresident alien income, in order for such income
of the nonresident alien to be taxable, it will have to emanate from sources
within sovereign federal areas or from an activity that is effectively connected
with the political jurisdiction of the United States by reason of the ATF laws,
patents, copyrights, federally-created entities, etc. If it emanates from any of
the fifty states and is not “connected” with those federally-controlled activities,
such income is not taxable to the sovereign citizen. Once again, the problem
is to find a court that will apply this truth. To do this, one must show to the
court that an activity in one of the fifty states is “without” the United States.
Mel Stamper 37
The people who walked in darkness have seen a great light. They lived in a land
of shadows, and now the light is shining on them. (Isaiah 9:2)
39
40 Fruit from a Poisonous Tree
Illusion
Deception, quick hands, sophistry and obfuscation all constitute the art
of magic. Those who practice in illusion are called magicians or, in the less
poetic sense, “politicians” – “now you see me; now you don’t.” The Congress
and the IRS are full of magicians who have created their web of deceit and
illusion in the tax laws, not by quick hands but by illusory language. Have you
ever questioned why your Christian name is spelled in all capital letters, when
we all know that English grammar requires the spelling of all proper nouns
in upper and lower case letters? I can assure you that it is not for clarity. Does
the word “person” in statutory law mean the same as in everyday language
usage? You are about to discover the answer to both of those questions.
In the beginning of the Twentieth Century, when the courts still had truly
honorable judges, they ruled some of those early tax laws unconstitutional or
unlawful. The IRS immediately removed themselves outside the jurisdiction
and venue of the courts, to the Philippines and Puerto Rico. By deceiving and
coercing the population, beginning with the War Tax Act of 1942, the Congress
and the IRS continued their unconstitutional and criminal activity to this
day. These criminal magicians have convinced the American population that
citizens of this nation are of a status that they are not – that they are subjects
of the federal government, which they are not – not collective sovereigns.
They led us to believe that we must do things that are not required to be
done or go to jail. Through the clever use of “IRS-speak” and the Congress’
“word art,” the Executive Branch promotes the fraud, the Congress turns a
blind eye to their misconduct (but they have hearings that they hope will
demonstrate their outrage to the voters), and then their dishonorable courts
ratify the alleged criminal misconduct by rubber-stamping the convictions of
innocent Citizens.
To illustrate my point on the complicity of the court in this
immoral scheme, I refer to a recent case before the Supreme Court, the
case of United States v. Sandra L. Craft, Case No. 00-1831, in hearing on
January 14, 2002. The Assistant Solicitor General, Mr. Kent L. Jones,
was asked a question from the court:
Q. “… some penalties for failing to file a return?”
A. “There are some penalties, but the penalties, like taxes, have to be
enforced against the property of the taxpayer, and if the taxpayer is allowed to
42 Fruit from a Poisonous Tree
exempt all of its property in this fashion, then there’s literally no way that the
taxes can be enforced through civil procedures.”
Q. “What about criminal procedures? Are there any criminal procedures
for – failure, continued failure to file – ?”
A. “Of course if you file a return, then you’re not exposing yourself to
any criminal obligations, and if you don’t file a return, it would be – I’m not
familiar with a statute that makes that a crime by itself. Now, it may be that
it’s a crime in connection with some intent to conceal, but just the fact that
you didn’t file – I’m not – even though I come before the Court on tax cases,
I’m not an expert on criminal tax matters, but it’s my impression that that
would not by itself be a crime.”
Q. “We’d better not let the word get out. I thought it was a crime, but I’ll
check.” (Followed by laughter)
Over three thousand Americans each year are sent to federal prison for
not filing a tax return, and the Assistant Solicitor General, Mr. Kent L. Jones,
admits to the Supreme Court that it is not illegal to not file a tax return.
The Supreme Court advises him, “We’d better not let the word get out.”
That supposed bastion in the protection of our freedom wants to keep it
a dirty little secret among the privileged few and to continue to permit the
imprisonment of thousands of innocent people and the resultant destruction
of their lives. That is something to laugh about?
This is a perfect point in the book to educate you on your proper status
as a Citizen of one of the Republic States of the Union. What you were taught
in public school was exactly what the federal and state government wanted
you to be taught. The most powerful tool of control of any population by the
government is ignorance of its subjects.
“A sovereign is one in whom supreme power is vested. He may
delegate whatever of his total authority he wishes. He can consent to
whatever outside authority he may choose or none at all. However, he
cannot be “subject” to outside authority; this would be in contradiction
to sovereignty.” (Black’s Law Dictionary, 6th Ed.)
The creation of the enumerated powers in the United States Constitution
was done by delegation of authority. The power of the sovereign people
remained with the people. The federal government may exercise its
enumerated power only on their behalf. This relationship was well-stated by
the Supreme Court as follows:
“Sovereignty itself is, of course, not subject to law, for it is the author and
source of law; but in our system, while sovereign powers are delegated to the
agencies of government, sovereignty itself remains with the people, by whom
Mel Stamper 43
and for whom all government exists and acts.” (Yick Wo v. Hopkins, 118 US
353)
Are you a citizen of the United States?
Are you a Sovereign?
Those two questions and their answers hold the secret of our present day
condition of servitude to the de facto federal and state governments. There
have been massive fraudulent practices of the Congress and state legislatures
in the creation of legislation (statutes) that has regulated our lives and
commerce for over sixty years. Without a thorough understanding of your
correct relationship to these legal fictions and the statutes they have created,
you are doomed to a lifetime of servitude, which can be avoided.
I pray for more understanding and knowledge, as I do not as yet
know the impact or total paradigm of this deception. What I do know is
shocking but enlightening. I will attempt to explain as much as is possible
with that limited knowledge of the methods used to obfuscate the law and
your citizenship status, effectively placing you in a feudal relationship with
government forces.
In order for you to take cognizance of the full context of this conspiracy,
you need to understand the meaning of words of art used by the various
legislative bodies to entrap you. The words used in statutory law do not
have the normal, everyday, street meaning. By diagramming the statute, it is
possible to understand the intent of the law and its application. Get out your
old 10th Grade English Grammar Book and learn how to diagram sentences;
it will save you a world of grief.
“We the People of the United States, in Order to form a more perfect
Union, establish Justice, insure domestic Tranquility, provide for the common
defense, promote the general Welfare, and secure the Blessings of Liberty to
ourselves and our Posterity, do ordain and establish this Constitution for the
United States of America.”
It appears that “We the People” of the United States, acting through
our representatives, were sovereign, because we are doing the creating of
this constitutional compact. But does that mean that you individually are a
sovereign?
If King Juan Carlos of Spain were to submit to a kidney transplant and
the recipient was a farmer from Ohio, would the farmer become a sovereign
king of Spain the moment the kidney was stitched into his body? Of course
not!
44 Fruit from a Poisonous Tree
To be King Juan Carlos of Spain, you must be the whole person; you must
be a living soul; you must wear a mask of your status. King Carlos would still
be a king regardless if he had the two kidneys or one. What makes him a king
and sovereign is that he was born with the title of sovereign (ruler’s mask);
nothing more. If he renounced that title, he would not be a sovereign but
would revert to a different class (common man’s mask) or subject of a higher
authority – that which would replace him. So being a sovereign requires that
someone or some force has declared that you are sovereign and has given you
the authority to exercise all of your powers over your subjects (citizens).
That could be done by God (as royalty claims to rule by divine right) or
by being elected to that lofty position by your subjects.
Since none of us have been declared by God to be sovereign or elected
to the position of sovereign by our fellow man, individually one cannot be
sovereign, as many in the Patriot community profess. Not only would the
declaration that you are sovereign be frivolous to the ears of the court, it
would be a blasphemy to the Lord God of the Universe, as he is the only true
Sovereign to whom we all owe our allegiance.
What you are is a unique species – a species described by God as a living
soul.
“And the LORD God formed man of the dust of the ground, and
breathed into his nostrils the breath of life; and man became a living soul.”
– Genesis 2:8
That distinction is unique in the United States of America, because we
all – collectively as living souls – were given the highest possible status: that
of sovereign over the government we created. The authority for bestowing
that authority was “We the People.” When we act as a whole, then We the
People are the Sovereign of the United States of America, exercising our
power through our elected representatives. When we act as individuals, we
are acting in the capacity of living souls, each responsible for ourselves. The
court has described this concept as follows:
“A distinction was taken at the bar between a state and the people
of the state. It is a distinction I am not capable of comprehending.
By a state forming a republic (speaking of it as a moral person), I do
not mean the legislature of the state, the executive of the state, or the
judiciary, but all the citizens who compose the state, and are, if I may so
express myself, integral parts of it; all together forming a body politic.
The great distinction between monarchies and republics (at least our
republic) in general is, that in the former the monarch is considered
as the sovereign, and each individual of his nation as a subject to him,
though in some countries with many important special limitations.
Mel Stamper 45
This, I say, is generally the case, for it has not been so universal. But
in a republic, all the citizens as such, are equal, and no citizen can
rightfully exercise any authority over another but in virtue of a power
constitutionally given by the whole community, and such authority,
when exercised, is in effect an act of the whole community, which forms
such body politic. In such governments, therefore, the sovereignty
resides in the great body of the people, but it resides in them not as so
many distinct individuals, but in their political capacity only. Thus A,
B, C, and D are citizens of Pennsylvania, and as such, together with
all the citizens of Pennsylvania share in the sovereignty of the state.
Suppose a state to consist exactly had a number of 100,000 citizens,
and if it were practicable for them all to assemble at one time and in
one place, and that 99,999 did actually assemble, the state would not
be in fact assembled. Why? Because the state in fact is composed of all
the citizens, not of a part only, however large the part may be, and one
is wanting.” – Penhallow v. Doane, 3 Dall. 93.
The protections we gave ourselves as living souls and a sovereign body
politic were incorporated into the Constitution as the first ten Amendments,
which are often referred to as the Bill of Rights. These rights were specifically
enumerated because, from our colonial experience, these rights were the most
often abused by the king and his agents and are deemed to be so fundamental,
that without them, there would be no humanity.
The Constitution was written in order to protect the commerce of the
independent sovereign states from foreign aggression and equal treatment
among the contracting states. The individual living souls of the states that
compacted together by the Constitution were protected in their fundamental
rights from its creation, the federal government, in the exercise of the
enumerated powers that we granted it and nothing more. The Constitution
did not create a sovereign government over the member states to the compact
or over the people of those states.
The Congress and the state legislatures are cognizant of the authority
delegated them by “We the People” – the sovereign body politic – under the
federal and state constitutions, and are specific when legislating law for the
sovereign body politic and for subjects of the federal government. In order to
gain control over us, “We the People,” they use “word art,” and by definitions
such as “person,” “including,” “states,” etc., they begin stripping away our
basic fundamental rights by sophistry. For their success, they depend upon
our apathy towards government and the general obscurity of knowledge
regarding our status vs. the citizen subject of the District.
46 Fruit from a Poisonous Tree
The word “person,” in its primitive and natural sense, signifies the mask
with which actors, who played dramatic pieces in Rome and Greece, covered
their heads. These pieces were played in public places, and afterwards in such
vast amphitheaters that it was impossible for a man to make himself heard
by all the spectators. Recourse was had to art; the head of each actor was
enveloped with a mask, the figure of which represented the part he was to
play, and it was so contrived that the opening for the emission of his voice
made the sounds clearer and more resounding, vox personabat, when the
name “persona” was given to the instrument or mask which facilitated the
resounding of his voice. The name “persona” was afterwards applied to the
part itself, which the actor had undertaken to play, because the face of the
mask was adapted to the age and character of him who was considered as
speaking, and sometimes it was his own portrait. It is in this last sense of
personage, or of the part which an individual plays, that the word persona
is employed in jurisprudence, in opposition to the word man, homo. When
we speak of a person, we only consider the state of the man, the part he
plays in society, abstractly, without considering the individual”. – 1 Bouvier’s
Institutes, note 1.
As you can see from the definition in Bouvier’s, in our jurisprudence
the part the “person” plays in society – the “mask” he wears – determines
the natural or legal rights he may or may not have and the jurisdiction
of the different courts over his persona.
Article 3, Section 2, of the Constitution for the United States defines the
jurisdictions of the court. They are “Law,” meaning the common law with all
constitutional protections, “Equity,” “Admiralty,” and “Maritime,” meaning
contract law (private international law) with no constitutional protection. The
common law has jurisdiction over the natural person (mask) by use of Article
III courts; the remaining jurisdictions have jurisdiction over legal fictions
Mel Stamper 47
PROGRESSION OF DECEPTION
During the early part of the 1800s up to the time of the War Between
the States, the power brokers were busy putting together a plan that would
increase the political jurisdiction of the United States. This plan was
necessary in their opinion because the United States had a minimum number
of subjects – the ones living in the District of Columbia and only the land
ceded to it by the states. The District was only ten miles square, land ceded
for the seat of government by Maryland and Virginia and some land outside
the District by other States, as was necessary for forts, magazines, arsenals,
and other needful buildings within the member states. So the acquisition of
land was also on the agenda.
Between the 1860s and the early 1900s, banking and taxing mechanisms
were changing through legislation sponsored by the European central banks.
Clever politicians and agents of the central banks of Europe closely associated
with the powers in England had enormous influence on the legislation being
passed in the Congress. It was the responsibility of the people to understand
their status with regard to the United States and the legislation being passed
by the Congress and their state legislatures. The largest majority of the
legislation did not apply to the states or to the people within the states, but
Congress did not deem it their necessary duty to make the distinction as to
which law applied to whom.
This distinction between the authority and jurisdiction of the United
States and that of the states was critical and taught in the home, school and
church. The true status was taught because there was no federal subsidy
program for the schools with required subject matter or revisionist history
that the government wanted taught and no incorporation of the church
restricting what could be taught because of a tax exemption. The teaching of
the Citizens’ status was unobstructed and detailed. They understood the clear
line established by the Constitution and the jurisdiction of the government
that flowed from the enumerated powers granted to it by that compact.
48 Fruit from a Poisonous Tree
The people were in control at that precise moment because they knew
both their standing (mask) in relation to the United States and its legislative
jurisdiction and that of their State. The Federal courts did not interpret
legislation as broadly as they do now, because the people knew when the
courts were overstepping their jurisdiction by entering into litigation that was
reserved for the common law, as Admiralty is private International contract
law under Article IV authority.
The 14th Amendment added some confusion about the basic
understanding of status because it created a new class of citizen – United
States citizens that had not existed previously. The newly freed black citizen
knew nothing of the Constitution, let alone jurisdiction of the government
over different classes of persons. Prior to its adoption, Citizens or persons of
State status automatically were deemed Citizens of the American Empire,
but first and foremost, State Citizenship was paramount and American
Citizenship flowed from State Citizenship.
Before the 14th Amendment in 1868, there were no persons born or
naturalized in the United States; naturalization was a state function. Each
person had been born or naturalized in one of the several states. Following the
Civil War, the new class of citizen was recognized, and this was the beginning
of the departure from the Republic and the formation of a United States
democracy, whose situs is the District of Columbia. The American people
in the republic sited in the several republic states could choose the benefit of
federal citizenship just as one of the new United States citizens if they chose
to do so.
This Chapter will cover the particulars of the “dual legal system” that
has been established by the 14th amendment to the Constitution for the
United States. Its subject matter will encompass a general overview of adverse
conditions which affect the freedom and liberty of all Americans. Matters
included herein will be in reference to the police power of the state in its
relation and application to the Citizen (i.e., nationals) members of any given
state; moreover, any such state’s relations with other nationals of the American
union.
Mel Stamper 49
NATIONALITY DE JURE
IN CONCLUSION:
FOURTEENTH AMENDMENT
It is common knowledge that after the American Civil War the Union
went through some dramatic changes. Among these changes was a dominant
makeover of the Union’s constitutional system. Such changes included
Mel Stamper 51
constitutions) and the public law that is set forth by the original form of the
Constitution for the United States of America.
To further illustrate the establishment of the dual system of law, we must
review what has truly transpired in relation to section 2 of the Fourteenth
Amendment. Based on the rules that are set forth and established by the law
of nations (and the alternate 13th Amendment), one cannot be subordinate
to the dominion of another without his consent; hence, by using syntax
(or rather, by applying sentence structure) to section 2 of the Fourteenth
Amendment you will find the following relevant wording set forth in “word
art”: “...the right to vote...is denied...except for participation in rebellion, or
other crime.”
In essence, what this accomplishes is an unwitting contractual agreement
by a native – now naturalized – “citizen of the United States” (federal citizen)
to unwittingly give up his de jure law form and accept the de facto law form,
which is in essence the police power of the federal and state legislatures
(i.e. voluntary servitude), such as established by the diabolical Fourteenth
Amendment system.
In reference to said system, in simple terms, the state legislatures are
acting in a quasi-war mode due to the induced voting rebellion (i.e. police
state). A U.S. citizen is in breach of allegiance to his native state by tacitly
and unwittingly declaring that he accepts the alternate governmental system.
Statutory law – state and federal – then controls him over his de jure law
form, which is the common law.
All such citizens within the jurisdiction of the corporate United States
are considered belligerents along with the nationals that run the de facto
state governments. In the rudimentary form of the constitutional system
of the Union, the legislatures could not create law that affected citizens at
large (individual State Citizens); hence, some of the law established by the
statutory scheme is pursuant to international rules of war.
As the law has been applied and is fundamentally being followed, the
general constitutional provisions that have been craftily utilized to create
this “silent hostility” can be found in the body of the original Constitution
in Article IV, section 4 – “The United States shall …protect each of (the
several states) against Invasion; and on Application of the Legislature, or of
the Executive, against domestic Violence.”
In fact, this establishes a system of law that is based on maritime
principles. Unknown to Americans, all courts of the United States – state
and federal – are being operated under the principles of such law. Hence,
note that all the courts in the United States of America display military flags
(regular flags with gold fringe). Civil flags are hung vertically and never on a
pole.
Mel Stamper 53
When societies, which are small local communities, are not allowed
to govern themselves through their customs under the rule of natural law,
they become prone to social breakdown. Many would agree that American
society has seen a total breakdown. This is largely due to the combining
of states (nations) to act as one under the dictatorial control of the federal
government.
If America is to repair its apparent social degeneration, the police power
of the states has to be negated and the civil common law has to be restored
to the peoples (nations) of America. As the real intent of the Fourteenth
Amendment took well over a century to accomplish, we can find that Congress
passed law (found codified in Title 8 USC § 1401) that made America one
nationality: “The following shall be nationals and citizens of the United States
at birth – A person born in the United States, and subject to the jurisdiction
thereof.” Such is the language from the Fourteenth Amendment.
Fortunately, as this politically-imposed nationality is a fraud, a remedy
is provided pursuant to international law. Under Title 8 of the United States
Code, section 1481, the de facto federal nationality can be legally terminated.
This returns one to his original status under the principles of the original
constitutional system. Then, under de jure constitutional premise, interference
by the “United States” is protected by the 9th and 10th Amendments in the
Mel Stamper 55
actions. As the states are not paying their debts pursuant to money based on
substance, as largely caused by the socialist system of government, the United
States is bankrupt, and has been since 1933. All activity that they are involved
in is fundamentally commercially based, such as their money system, traffic
citations, taxes, etc. Accordingly, it has been held that the state governments
are not immune from their commercial activities against lawful Americans.
As the de facto law system fundamentally sets up a system that is based on
commercial law, the states are liable for all damages that are done to a person
that is not willfully participating in the de facto political system.
The state governments are basically quasi-political subdivisions of
the federal government as they are composed of “rebelling” Americans
(in treason). The state governments cannot violate the natural rights of a
non-participatory American. If any such governments do violate anyone’s
rights thereof, they and their employees will be held liable for their actions.
American’s problems will not see any correction until either a peaceful or
violent revolution is ceased and the original system put back in place. Until
then, Americans must enforce their natural rights that are held under the
law of nations and claim their true nationalities. It is the obligation of every
American to enforce this right and make others aware of the hidden agenda
that has been inflicted on us, which agenda is purely that of a commercial
interest held by the World Elite.
In 1865, the 13th Amendment opened the floodgate for the people
to volunteer into servitude in order to accept the benefits offered by the
United States. The 13th Amendment prohibits involuntary servitude; it does
not prohibit voluntary servitude. In 1870, the 15th Amendment gave that
new class of citizen the right to vote in that democracy. Benefits came with
this new citizenship, but with the benefits also came duties, liabilities and
responsibilities that were totally regulated by the Congress for the District of
Columbia and its subjects only.
In 1913, the United States began using international private law
(Admiralty) because that facilitated an increase of “persons” and property for
the United States, giving the District Courts booty and prize jurisdiction
over enemy property within the confines of the American Republic; subject
persons and property having the same status. Admiralty is a form of Military
law, and jurisdiction is based upon contract. The adhesion contracts between
the State Citizen and the federal government began to grow. This increase
in subject citizen population became the cornerstone for the strategy of
expansion, as now the federal government had many subjects because of
the benefits derived from the contracts. Federal Admiralty jurisdiction was
proper, because the former living soul (mask) was replaced with a legal fiction
person (mask) voluntarily by contract.
Mel Stamper 57
Central banking for the United States was legislated into existence by
the Federal Reserve Act and the 16th Amendment in 1913; it gave the central
bankers all of the support they needed to finance their fiat money scheme.
In 1917, the United States entered World War I and the Congress passed the
Trading with the Enemy Act and the Emergency War Powers Act, opening the
doors for the United States to suspend constitutional restrictions otherwise
mandated by the Constitution. Even in times of peace, every contrived and
created social, political, or financial emergency was sufficient authority
for the officers of the United States to overstep its peace time power and
implement volumes of “law” that would increase the wealth of the United
States at the expense of the “persons” (mask) who were now duty bound to
support it. All of the agencies that were created temporarily in time of war
were not dismantled after the war, so the federal government got larger. The
War Powers Act of 1917 was terminated after the war, but the agencies and
departments created for that purpose still remain. There is always a declared
emergency in the United States and its states since the resurrection of the War
Powers Act of 1933, but when the statute is read carefully, it applies only to
their 14th Amendment subject citizen. This is the main reason for obscuring
the fact that there are two different classes of “person” within the American
Empire, as well as two distinct United States. If you are not taught the facts
in school, how else will you learn?
The statutory construction appears with crystal clarity when we consider
the language used by the Supreme Court to describe the different definitions
of the “United States.”
“This term has several meanings. It may be merely [1] the name of a
sovereign occupying the position analogous to that of other sovereigns in the
family of nations, [2] it may designate territory over which sovereignty of the
United States extends, or [3] it may be the collective name of the states which
are united by and under the Constitution.” Hooven & Allison Co. v. Evatt.
Thus, in Hooven, it is readily discernible that there are two literal
UNITED STATES consisting of definitive landmasses or geographical areas.
The third definition [3] in Hooven consists of the fifty States united under
the Constitution. The second definition [2] designates the geographical
area consisting of the District of Columbia and all territory over which the
political sovereignty of the UNITED STATES extends. Congress expresses
the sovereignty of this second UNITED STATES under authority of Article
1, §8, Clause 17 and 18, and Article 4, §3, Clause 2 of the Constitution with
no constitutional restrictions placed on said plenary powers. Congress, in
legislating for the District and its Territories, always defines the words “State”
and “United States” in its public laws to only include such geographical
areas.
58 Fruit from a Poisonous Tree
“Social Insurance.” Without realizing it, every American will insure us for
any loss we may incur and in this manner; every American will unknowingly
be our servant, however begrudgingly. The people will become helpless and
without any hope for their redemption and, we will employ the high office
of the President of our dummy corporation to foment this plot against
America.”
All of this was done without disclosure of the material facts that
accompanied each application for contract registration. That fraud would
have been sufficient reason to charge all the United States officers and elected
officials with treason, unless a legal remedy could be legislated for the people
to recoup their property and collect for the damages they suffered as a result
of the fraud if ever discovered.
If a legal remedy was available, and the people chose not to or failed to
secure their remedy, no charge of fraud could be brought, even to a common
law court. The United States Congress needed only to provide the legal
remedy. It was not required to explain it or even tell the people where the
remedy could be found; if they did that then the entire conspiracy would
be revealed and every cherry tree in Washington would be decorated with
hanging bodies of Congressmen and bankers. The attorneys did not even
have to be taught about the remedy in law school. Remaining quiet, Congress
had plausible deniability if the people discovered the deception. The majority
of the legislators did not have to have the intricate details of the law explained
to them regarding the bills they were passing; the pressure was on by the
leadership to pass this legislation, and that was all they needed to know. If the
people failed to exercise due diligence, the United States became the holder
in trust of all the land and labor of every subject in the American Empire. If,
however, the people did discover their legal remedy, the United States would
have to honor it and release the registered property back to the people, but
only if the people were cognizant that they had a remedy, and only if they
exercised it in the proper technical manner. It was a great plan, and it has
worked for over 70 years.
Having established plausible deniability, even if the people became
enlightened that they had a remedy and pursued it, the attorneys, judges,
and legislators could claim that they did not understand the people’s claims,
especially if the technical requirements for achieving it were not followed
pursuant to the statutory requirements. Requiring the public schools to teach
civics, government, and history classes out of federally-approved politically
correct textbooks written by the publishing houses owned by the owners
of the Federal Reserve would assure that the people would not discover the
remedy for a long time, if ever.
Mel Stamper 61
Passing state and federal statutes that subjugated the citizens to rules
and regulations added another firewall of protection against the people ever
discovering their remedy. The media, owned by the same people who own the
Federal Reserve, was fashioned to report politically correct news day after day
ad nausea, until few people believed there was any hope for relief from the
system and totally forgot all of their previous history of liberty and freedom.
If the people could be separated from their money and their time in pursuit
of the remedy, it could be obscured long enough so that that the solutions
could be lost in millions of law library books across the country and equitable
estoppel by laches could be argued against the few who discovered it.
The majority of elder Americans know there is something terribly wrong
with all the conflicts in the law and the “facts” they were taught in school;
not so with the newer generation. How can the American people be free and
subject to a government’s fancy at the same time?
In 1933 the United States established its insurance policy with HJR
192 and recorded it in the Congressional Record. The Federal Register
publication of that law was not required at that time. An Executive Order
issued on April 5, 1933, paved the way for the withdrawal of all gold in the
United States. Representative Louis T. McFadden brought formal criminal
charges on May 23, 1933, against the Board of Governors of the Federal
Reserve Bank system, the Comptroller of the Currency, and the Secretary of
the United States Treasury (Congressional Record May 23, 1933, page 4055-
4058). Those charges are still not acted upon and are still in committee. HJR
192 passed on June 3, 1933. Mr. McFadden claimed on June 10, 1933: “Mr.
Chairman, we have in this country one of the most corrupt institutions the
world has ever known. I refer to the Federal Reserve Board and the Federal
Reserve Banks…”
HJR 192 is the insurance policy that protects the legislators from
conviction for fraud and treason against the American people. It also protects
the American people from damages caused by the actions of the United
States.
HJR 192 provides that the one with the gold paid the bills. It removed
the requirement that the United States subjects and employees had to pay
their debts with gold. It actually prohibited the inclusion of any clause in all
subsequent contracts that would require payment in gold. It also cancelled
the clause in every contract written prior to June 5, 1933, that required an
obligation to be paid in gold. It provided that the United States subjects and
employees could use any type of coin and currency to discharge a public
debt as long as it was in use in the normal course of business in the United
States. For a time, United States Notes were the currency used to discharge
debts because there was 40% gold and 60% Treasury guarantees behind the
62 Fruit from a Poisonous Tree
currency, but later the Federal Reserve and the United States provided a new
medium of exchange through paper notes and debt instruments that could
be passed on to a debtor’s creditors to tender the debtor’s debts. Tender and
payment are not the same. Tender merely changes the legal character of the
debt, where gold and silver would extinguish the debt.
In the 1950s, the Uniform Commercial Code was adopted in most of the
States as a means of unifying the generally accepted procedures for handling
the new legal system of dealing with commercial fictions as though they were
real. Security instruments replaced substance as collateral for debts. Security
instruments could be supported by presumptive adhesion contracts. Debt
instruments with collateral and accommodating parties could be used instead
of money. Money and the need for money was disappearing, and a uniform
system of law had to be put in place to allow the courts to uphold the security
instruments that depended on commercial fictions as a basis for compelling
payment or performance. All this was accomplished by the mid-1960s.
The commercial code is merely a codification of accepted and required
procedures which all people engaged in commercial activity must follow. The
basic principles of commerce had been settled thousands of years ago, but
were refined as commerce become more sophisticated over the years. In the
1900s, the age-old principles of commerce shifted from substance to form.
Presumption became a major element of the law. Without giving a degree of
force to legal presumption, the new direction in enforcing commercial claims
could not be supported in Equity/Admiralty courts and had no chance in
common law. If the claimants were required to produce their claims every
time they tried to collect from the people, they would seldom be successful.
The principles articulated in the commercial code combine the methods of
dealing with substantive commercial activity with presumptive commercial
activity. These principles work as well for us as they do for the entrenched
powers. The rules are neutral and respect neither side of a dispute, as they are
ancient in origin.
The entrenched powers that engineered the scheme for the people
to register their property and person with the United States and its
instrumentalities gained control of the peoples’ property and right to
property through registration and licensing. The United States became the
trustee of the titles to everything. The definition of “property” is the interest
one has in a thing. The thing is the principal. The property is the interest
in the thing. Profits (interest) made from the property of another belong to
the owner of the thing. The International Bankers made profits by pledging
as surety the registered property of the people in commercial markets, but
the profits do not belong to the Bankers. The profits belong to the owners
of the thing. That is always the people. The corporation government shows
Mel Stamper 63
The owner of the thing does not have to knowingly agree to be the
accommodating party for the debtor person; he just has to act like he agreed.
The legal presumption that he is the accommodating party is strong enough
for the courts to hold the owner of the thing liable for a tax on the thing he
actually owns.
Debtors may have the use of certain things, but the things belong to the
creditors. The creditor is the master. The debtor is the servant. The Uniform
Commercial Code is very specific about the duties and responsibilities a
debtor has. If the owner of the thing is presumed to be a debtor because of
his previous admissions and adhesion contracts, he is going to have a difficult
time convincing the United States that it has a duty to discharge public debts
for him. In addition, the federal courts are staffed with loyal judges who will
look for every mistake the people make when trying to use their remedy and
use the mistake against them in dismissing any action they bring.
There is a very powerful tool the people can use to help them get to the
real issues when they find themselves up against the power of presumption.
The law provides for either party of an admiralty action to object to a line of
questioning. When you object in that court setting, you must tell the judge
why you object or he will overrule your objection. The reason is:
“This line of questioning assumes facts not in evidence.”
You can request that evidence of the Plaintiff ’s claim be entered into
evidence. If the judge overrules this fundamental principle of establishing
subject matter jurisdiction and the right to make a charge, there is a major
procedural error in the proceeding. Your objection has preserved the error for
appeal. Granting in personam jurisdiction to get to the bottom of the issue is
vastly better than arguing, “I’m not that person.”
The owner of the thing, after learning the law and discovering who he is
in relation to the United States, can file a UCC 1 Financing Statement and
Security Agreement registering his interest in the artificial entity (PERSON)
the United States created after Mom applied for a birth certificate. That
was the act of registering her biological property, her baby (substance), with
the State. The United States holds the paper title (form), not the substance
(baby). Until your Financing Statement is filed, the United States is the
holder of the title to the artificial entity. Its name is spelled in all capital
letters – JOHN HENRY DOE. When John Henry Doe files the Financing
Statement supported by a Security Agreement signed by the artificial entity
(JOHN) and the owner (John), he becomes the holder in due course of the
title to JOHN. The UCC and the State commercial law are very specific
about the effect of a registered security interest. It has priority over most
other interest claimed (only claimed) in the same thing. The evidence that is
missing in the court is the registered claim over the person (JOHN).
Mel Stamper 65
The owner also must notify the Secretary of the Treasury that he is going
to handle his own affairs in the future. He can file a “Bill of Exchange” with
the Secretary through which he exchanges his person’s accepted-for-value birth
certificate and social security numbers for a charge-back of all the presumed
charges brought against his person since the birth certificate was issued.
The owner can also reserve a non-cash Federal Reserve routing number
and any number of non-cash instrument numbers by filing an amendment
to his Financing Statement or just including his reservation on his original
Financing Statement. Each bank account opened in the name of the owner’s
person has a routing number. If an account is open, it is available to process
cash items. If you write a check to the plumber, it can be converted to cash
at your bank. You cannot write a check on an account that has been closed.
Those accounts and their routing numbers are reserved for non-cash items
for the person (JOHN) that opened the account originally. Accounts that
have been closed by the bank, instead of the person, should not be used for
non-cash items. Once this is done, you are in a position to begin receiving
reimbursements against the obligation the United States owes to you for
money and time it has received that belong to you.
The owner of registered things who has learned the law and what his
rights are and who has filed his Financing Statement, Security Agreement,
and Bill of Exchange, and reserved his non-cash account routing numbers, can
issue an instrument indicating his UCC registration number, his registered
Federal Reserve routing number, the name of the public party making a
charge against his person, and the amount of the debt to be discharged.
Think of the whole transaction in relation to a hot air balloon. The
balloon represents your public person (JOHN), which is an empty entity
that can function within the public maize of fiction, transmitting benefits
from the public to you in the private IF it is filled with hot air. You cannot
go into the public because you are not a fiction. JOHN has no lift until it
is filled with hot air. That hot air comes from an IRS default notice, court
judgment, credit card bill, utility bill, traffic ticket, or some other instrument
that has a $ amount and JOHN’s name on it as the presumed debtor. The
bill is the hot air. It fills up the dead JOHN. You can now discharge JOHN
and put JOHN’s accrual account with the charging party back to a zero
balance. You as the secured party over the assets put up as security by JOHN
to you as collateral for the debt JOHN owes you, can discharge JOHN with
a negotiable instrument for the same $ amount as the charging instrument.
The charging party that receives your non-cash item can 1) process it through
a United States department, 2) give it to a third party, 3) keep it to increase
its liquidity.
66 Fruit from a Poisonous Tree
When you, as the owner of a thing, registered it with the United States
or one of its subdivisions, you let the United States hold the legal title to your
thing based on misrepresentation and failure to disclose material facts to you
at the time of registration. You probably retained possession of the thing. The
United States invested the title and made a profit. If you did not specifically
authorize the United States and its agents to invest the legal title, the profits
made from that title belong to you, because as the owner, you remain the
equitable titleholder. Legally all the profits from the investment of the titles
to all your registered things must go into a fund for your benefit. If they did
not put the profits in a trust fund of some sort, it would be fraud.
Just acquiring the titles through what is promoted as mandatory
registration is fraud. If the scenario attributed to Mandell House is now in
full application in the United States, which it is, the officers of the United
States could be charged and convicted with treason IF they had not provided
a remedy, which they did.
House Joint Resolution 192 on June 5, 1933, is their insurance policy
to assure they are not convicted of treason. That does not mean they cannot
be charged with treason, but the courts will dismiss based on failure to state
a claim upon which relief can be granted. Because you have a remedy outside
the court, you cannot sustain a charge of treason.
The problem in the past with trying to discharge public debts with
instruments that could not be processed through your corner bank was that
those discharge instruments did not route through the Federal Reserve, the
bean counter for the federal debt. That debt is first and primarily owed to the
people who are the equitable titleholders of all the substance in this country.
If you try to discharge a public debt with your discharge instrument, and you
do not route it through the Federal Reserve, it appears you are receiving a
benefit from the United States without exchanging it for something of value.
This is not technically correct because you have a right to be reimbursed,
whether or not you apply it toward the debt the United States owes you. You
are the substance; it is the fiction.
If you do route your discharge instrument through the Federal Reserve,
where the national debt owed to you can be reduced by the amount of the
instrument, you have made an exchange that fits nicely into their accrual
bookkeeping system. Your PERSON’s charge from the charging party within
the United States commercial scheme is discharged, and the debt the United
States owes to you is discharged by the same amount. That is a quid pro quo,
and everyone is happy, EXCEPT those who are not interested in the money
but just want to be in control from behind the scenes.
To accomplish this quid pro quo exchange:
Mel Stamper 67
1. Your claim to being one of the people must appear on a public register
(the Secretary of State);
2. You must have an account with the banker for the United States (the
Secretary of the Treasury);
3. You must have given notice of your reservation of routing numbers
through the national debt accountant (the Federal Reserve);
4. You must refer to the insurance policy that covers your remedy
(House Joint Resolution 192);
5. You must make your instrument negotiable so it can be used by the
United States for a profit;
6. You must transmit your instrument back into the public through an
agent (your registered debtor);
7. You must use only a non-cash item for this exchange;
8. You must do a banker’s acceptance of a charging instrument to attach
to your non-cash item; and
9. You must understand that you are not getting something for
nothing.
Reserving your routing numbers to use on your discharge instruments
is not as difficult as was thought during the previous decade. Every person
has opened bank accounts in the past that have been closed for one reason
or another. On the bottom of the checks for those closed bank accounts
there is a routing number to the particular bank and a routing number to
the particular account. Each check has a check number. When you put the
check number together with the two routing numbers, you have a means of
tracking each item that goes through the worldwide banking system. The
routing numbers on the bottom of the checks from accounts your person has
closed will never be reassigned. They are attached to your person’s NAME
forever and kept in the records of the Federal Reserve.
Bank accounts that are still open and active are used for cash items.
Checks written on these open bank accounts can be taken to the particular
bank and CASHED. This is the type of instrument used in commercial
transactions everyday. There is a fund attached to the check from which the
debt evidenced by the check can be paid.
Bank accounts that are no longer open and active cannot be used to
process cash items. They can be used only to process non-cash items. They
require special handling. Title 12 of USC and CFR explain how and when
receiving banks are to process non-cash items. A closed bank account
associated with your debtor’s NAME has routing numbers that can route
your discharge instrument through the Federal Reserve to reduce the national
debt to you and increase the balance of the bank account of the party that is
charging your debtor. It is a win-win situation.
68 Fruit from a Poisonous Tree
extent that the Constitution permits law making, and to make the laws for
the municipal government of the District of Columbia, where there are no
constitutional restrictions.
Article 1 also deprives the states of power to do those things for which the
national government was formed. Our government is a limited government
and this is made clear by the fact that it can act only within those powers that
are specifically delegated. The enumerated rights are set forth in Article 1,
Section 8, and Article IV, Section 3. By this enumeration Congress has power
to make laws insofar as they are necessary and proper for the exercise of its
enumerated power.
Particularly important is the power given to the government to have
exclusive legislative jurisdiction over the seat of government and such other
lands as are ceded to the government by the states for its military functions.
This is a power limited in its territorial scope, but not otherwise. Because
this special power has no constitutional limitation, unlike Congress’ other
enumerated powers, it is similar to the power of a sovereign. It is called the
“political jurisdiction” of the United States. It operates in Washington, D.C.,
and in all areas ceded by the states to the federal government as enclaves. A
similar power operates in the possessions and territories of the United States,
but it has its source in a combination of the property power and the power
to acquire territory. This is described as inherent powers. Sovereign power,
like admiralty law, is deemed a necessity in those “uncivilized” territories.
Such sovereign power of the federal government does not operate within
the fifty states. As we will explore later, all federal courts are of Admiralty
jurisdiction.
Constitutional guarantees do not generally apply in the sovereign
federal areas, except insofar as Congress chooses to enforce them. Although
a fundamental right should still exist since it is deemed unalienable, Congress
can take the position that since “We the People” delegated sovereign power,
all of the people must be subjects in those areas, because there cannot be two
sovereigns ruling in the same place.
Having such power, it was not hard to predict that Congress would
expand its power beyond proper Constitutional limitations. This expansion
of power is manifestly evident in the application of the taxing power. That
power is limited by the Constitution: direct taxes must be apportioned and
indirect (excise) taxes must be uniform. These limitations, however, do not
apply where the government has sovereign power. While enumerated powers
are exercised all over the country, they are limited by the Constitution. The
sovereign powers in territories and areas ceded by the states are not limited
by the Constitution, and those citizens have little or no Constitutional
protection.
Mel Stamper 71
Congressional power over federal funds has also been used to expand
government authority. This is done by virtue of the practice of the federal
government placing conditions on its grants of federal assistance. After all, the
sovereign Citizen has the right to contract, even with the federal government.
If you sell a right, it is gone, even though “unalienable.” By this process the
federal government has invaded every conceivable facet of the lives of citizens
within the fifty states, regardless of the Constitution and its restrictions.
States, individuals and companies have all surrendered rights in exchange
for Federal Reserve notes (fiat money) by entering into invisible contracts
with the federal government. They do so by the use of such things as bank
accounts, Social Security accounts, credit cards, etc. These invisible contracts
have given the Federal Government jurisdiction over the majority of
Americans, tried in Federal Equity/Admiralty Courts where the Constitution
has no standing, as you have a contract with the government, and you never
even knew it.
Powers not delegated to government by the Constitution belong to the
people except to the extent that the people in their State constitutions have
given them to States. The reality is that government has grabbed a lot more
power than was given them under the Constitution and the Supreme Court
has ratified the seizure. The Supreme Court in 1932 decided that any law
enacted by Congress or the States was not open to challenge by anyone who
had received any benefit under such law. Nor could the law be invalidated
if there were some way to construe or apply such law in a manner not in
conflict with constitutional limitations. (Ashwander v. T.V.A. (1932) 297 US
288)
However, whenever either a voluntary act or a questionable law appears
to deprive the citizen of an unalienable natural right, if the Citizen is not
aware that such is the effect of that act or law, the courts must prevent
such deprivation. The Supreme Court has ruled that an unconscious and
unintended waiver of any such right does not strip the Citizen of that right,
but the district courts continually disregard that principle.
An example of the distinction is given by the Supreme Court in its
requirement for unsworn declarations under penalty of perjury, located at
28 USC 1746. There is a different declaration for one who is within the
United States used on all IRS 1040 Forms and one who is without the United
States.
What is the only way one can be guilty of perjury? If one tells a lie under
Oath or Oath of Office, period! There is no other way. How then can a
Citizen who is filing his 1040 tax form be under penalty of perjury if he is
not under Oath? The answer is he can’t. The only ones who can file that form
are government employees who are under Oath of Office.
CHAPTER THREE
COLLECTION AGENCY
73
74 Fruit from a Poisonous Tree
“Sec. 5. And be it further enacted, that there shall be attached to, and
made a part of, the War Department, during the continuance of the present
rebellion, a bureau, to be known as the Bureau of Military Justice...”
Later on March 3, 1865, Congress established another similar bureau,
13 Stat. 507:
“That there is hereby established in the War Department, to continue
during the present war of rebellion, and for one year thereafter, a bureau of
refugees, freedmen, and abandoned lands... The said bureau shall be under
the management and control of a commissioner to be appointed by the
President, by and with the advice and consent of the Senate...”
Many public offices have been created as required by the Constitution.
On May 29, 1884, Congress created the following bureau, 23 Stat. 31:
“That the Commissioner of Agriculture shall organize in his Department
a Bureau of Animal Industry, and shall appoint a Chief thereof...”
See also 42 Stat. 139, 140: “Sec. 8. That there is hereby created and
established in the Department of the Navy a Bureau of Aeronautics...”
On May 27, 1930, a bureau was established in the Justice Department,
46 Stat. 427: “There shall be in the Department of Justice a Bureau of
Prohibition, at the head of which shall be a Director of Prohibition. The
Director of Prohibition shall be appointed by the Attorney General, without
regard to the civil service laws...”
These simple examples show that Congress is well aware of how to
establish public offices pursuant to the Constitution. Congress surely knew
how to and did create bureaus during the Civil War, but it has never seen any
urgency in creating an “Internal Revenue Service.”
The Constitution of the United States makes provision for the manner
and method of appointing “Officers of the United States.
Art. II, §2, cl. 2 of the Constitution, the President “…shall nominate,
and by and with the Advice and Consent of the Senate, shall appoint
Ambassadors, other public Ministers and Consuls, Judges of the supreme
Court, and all other Officers of the United States, whose Appointments are
not herein otherwise provided for, and which shall be established by Law: but
the Congress may by Law vest the Appointment of such inferior Officers,
as they think proper, in the President alone, in the Courts of Law, or in the
Heads of Departments.”
Mel Stamper 77
does not derive his position from one of these sources is not an officer of the
United States in the sense of the constitution.”
In this case, Smith was found not to be an officer because neither the
president nor the head of his department appointed him:
“There must be, therefore, a law authorizing the head of a department to
appoint clerks of the collector before his approbation of their appointment
can be required.” No such law is in existence.
It is thus very clear that the constitution as well as a variety of decisions of
the courts have provided the basic parameters to determine who is precisely
an officer of the United States. See United States v. Lee, 106 U.S. 196, 220, 1
S.Ct. 240 (1882). (“All the officers of the government, from the highest to the
lowest, are creatures of the law and are bound to obey it.”) Norton v. Shelby
County, 118 U.S. 425, 441, 6 S.Ct. 1121 (1886) (“There can be no officer,
either de jure or de facto, if there be no office to fill”); and N.L.R.B. v. Coca-
Cola Bottling Co. of Louisville, 350 U.S. 264, 269, 76 S.Ct. 383 (1956):
“Officers normally means those who hold defined offices. It does not
mean the boys in the back room or other agencies of invisible government,
whether in politics or in the trade-union movement.”
This case is the reason why 26 U.S.C., §7803, exists. But, remember, no
statute exists regarding the appointment of others by the Commissioner.
This is perhaps why you will not find any evidence that an IRS agent
has taken an oath of office, required of all Officers of the United States
Government. If one exhibits an oath, that individual is most likely serving in
the capacity of a Federal Marshal.
If law did not create the IRS and the Officers of the IRS are not Officers
of the United States Government, under what authority do they exist?
Congress did not create the Bureau of Internal Revenue and Internal
Revenue Service. These are not organizations or agencies of the Department
of the Treasury or of the federal government. They operate through pure
trusts, administered by the Secretary of the Treasury (Trustee). The Settlor of
the trusts or the Beneficiary or Beneficiaries are unknown. According to the
law governing trusts, that information does not have to be revealed.
TITLE 31 USC
Firearms listed. I learned that the Bureau of Internal Revenue, a.k.a., Internal
Revenue, internal revenue, Internal Revenue Service, the Bureau of Internal
Revenue Service, internal revenue service, Official Internal Revenue Service,
the Federal Alcohol Administration, Director Alcohol Tobacco and Firearms
Division, and the Bureau of Alcohol, Tobacco and Firearms are one and the
same organization. Their organizational offices and field offices have not been
recorded in the Federal Register. They are all invisible as a matter of law.
Constructive Fraud
My investigation discovered that, except for the very few who are engaged
in specific or licensed activities, the Citizens of the fifty States of the united
States of America have never been required to file or to pay “income taxes.”
The Federal government is engaged in constructive fraud on a massive scale.
Americans who have been frightened into filing and paying “income taxes”
have been robbed. Millions of lives have been ruined. Thousands of innocent
people have been imprisoned on the pretense they violated a law that does
not exist. Marriages have been destroyed; property has been levied upon to
pay taxes that were never owed. Many have been driven to suicide or insanity.
The home of the free and land of the brave is not a description that I would
give to the modern day United States.
During the Civil war, Abraham Lincoln imposed what would later be
termed a “War Powers Act” and a war tax upon the citizens of the Federal
Government. The War tax lawfully applied only to those citizens who were
considered to be in rebellion against the Union or who resided within the
federal District of Columbia or the federally owned territories, dockyards,
naval bases, and forts. Many Citizens of the several States volunteered to pay
believing they were required to do so or simply because they wanted to help
in the war effort. After the war the tax was repealed. This left the impression
with the general population of the country that the President and Congress
had the constitutional authority to levy an unapportioned direct tax upon
the Citizens of the several States. In fact, no such tax had ever been imposed.
The Tax was not fraud on the part of Mr. Lincoln or the Congress, as nothing
80 Fruit from a Poisonous Tree
was done to deceive the people. Those who volunteered, in fact, deceived
themselves just as we do today.
Philippine Trust #1
Philippine Trust #2
Bureau of Internal Revenue
Prohibition
Who owns the Federal Reserve central banks? The ownership of the
twelve central banks, a very well kept secret, has been revealed. They are all
members of the Council on Foreign Relations, Trilateral Commission, or
their European counterparts, the Bilderbergers:
Rothschild Bank of London
Warburg Bank of Hamburg
Rothschild Bank of Berlin
Lehman Brothers of New York
Lazard Brothers of Paris
Kuhn Loeb Bank of New York
Israel Moses Self of Italy
Goldman Sachs of New York
Warburg Bank of Amsterdam
Chase Manhattan of New York
These bankers are connected to the London banking houses, which
ultimately control the Federal Reserve central bank. When England lost the
Revolutionary War with America, they planned to control us by controlling
our banking system, the printing of our money, and our debt. The individuals
listed below owned banks which, in turn, owned shares in the FED. They have
incestuously passed this legacy on to their progeny, so the names remain the
same with little deviation. The banks and individuals listed have significant
control over the New York FED, which controls the other 11 FED Districts.
First National Bank of New York: James Stillman
National City Bank, New York: Mary W. Harnman
National Bank of Commerce, New York: A.D. Jiullard
Hanover National Bank, New York: Jacob Schiff
Chase National Bank, New York: Thomas F. Ryan, Paul Warburg,
William Rockefeller, Levi P. Morton, M.T.Pyne, George F. Baker, Percy Pyne,
Mrs. G.F. St. George, J.W. Sterling, Katherine St.George, H.P. Davidson, J.P.
Morgan (Equitable Life/Mutual Life), Edith Brevour Baker
It was estimated that, in 1933, these individuals represented one fifth of
the entire world’s wealth. You can imagine what that number is today, after
nearly seventy years of draining the wealth from this nation and our future
generations.
The families that control the FED are the creators of and members of the
Council on Foreign Relations. They have recruited some peons from amongst
us to “take the heat” and have rewarded them lavishly for that treason.
In 1935 the Public Administration Clearinghouse wrote, and Roosevelt
introduced, the “Federal Alcohol Act.” Congress passed it into law. The
Act established the Federal Alcohol Administration. That same year, in a
Mel Stamper 83
monumental ruling, the Supreme Court struck down the act among many
others on a long list of draconian “New Deal” laws. The Federal Alcohol
Administration did not go away; it became involved in other affairs, placed in
a sort of standby status, which we will examine later on in the book.
All of the taxes covered by these laws concerned only the imposts, excise
taxes and duties to be collected by the Bureau of Internal Revenue for such
items as narcotics, alcohol, tobacco, and firearms. The Internal Revenue
Service likes to make much ado about the fact that Al Capone was jailed for
tax evasion, but that is not what he was jailed for. The IRS will not tell you
that the tax Capone evaded was not “income tax” as we know it but the tax
due on the income generated from the alcohol that he had imported from
Canada. If he had paid that tax, he would not have been convicted.
The Internal Revenue Act of 1939 was clearly concerned with all taxes,
imposts, excises and duties collected on trade between the Possessions and
Territories of the United States. In addition to foreign individuals, foreign
corporations or foreign governments, the income tax laws have always applied
only to the Philippines, Puerto Rico, District of Columbia, Virgin Islands,
Guam, Northern Mariana Islands, American Samoa, territories and insular
possessions; never to the Republic States of the American Union.
In 1939, Congress passed the Public Salary Tax Act (PSTA), apparently
to tax only the salaries of federal employees. Soon afterward (in the early days
of World War II) a “one time only” Victory Tax was levied on all citizens.
Mel Stamper 85
Somehow, it never went away, however; only the name changed. At the time,
almost no one connected the income tax with the PSTA.
World War II created for the International Bankers a golden opportunity.
Americans were willing to sacrifice almost anything for the United States
fighting forces if they thought that sacrifice would win the war. In that
atmosphere Congress passed the Victory Tax Act. It mandated an income
tax for the years 1943 and 1944 to be filed and paid in the years 1944 and
1945. The Victory Tax Act automatically expired at the end of 1944; it was
renewed for an additional two years and then again for five additional years.
The federal government, with the clever use of language, created the myth
that the tax was applicable to all Americans and hid the fact that it was a tax
only on Government employees.
Nowhere does the Internal Revenue Code define the “individual” who
is liable to pay the tax. This may explain why Congress has never converted
Title 26 of the U.S. Code into positive law. It contains no liability statute;
that is, it does not state who is liable to pay. Imagine the IRS taking someone
to court on tax charges who then argues that he is exempt because he works
for a private company, while the income tax depends on the Public Salary
Tax Act. Now imagine what would happen if the judge decided against him,
saying, “Everyone is subject to the PSTA.” He would have to admit publicly
that the government – rather, its creditors – owns every business in the
United States and that everyone is working for them! Either way he ruled, the
Government would lose!
Because of their desire to win the war and their ignorance of the law,
Americans filed and paid the tax. The government promoted the fraud and
threatened those who objected with jail or confiscation of their property.
Americans forgot or never knew the law had expired. When the date of
expiration had come and gone, they continued to keep “records,” continued
to file and continued to pay the tax. The federal government continued to
print returns and collect the tax, never mind the fact that no Citizen of any
of the several States of the Union was ever liable to pay the tax in the first
place.
The fiction that “because it was an excise tax, it was legal” is not true. The
power of the federal government is limited to its own property as stated in
Article 1, Section 8, paragraph 17, and to “regulate Commerce with foreign
86 Fruit from a Poisonous Tree
Nations, and among the several States, and with the Indian tribes;” as stated
in Article 1, Section 8, paragraph 3.
18 USC, Section 921, Definitions, states: “The term ‘interstate or
foreign commerce’ includes commerce between any place in a State and any
place outside of that State or within any possession of the United States (not
including the Canal Zone) or the District of Columbia, but such term does
not include commerce between places within the same State but through any
place outside of that State. The term ‘State’ includes the District of Columbia,
the Commonwealth of Puerto Rico, and the possessions of the United States
(not including the Canal Zone).”
Only employees of the federal government, residents of the District of
Columbia, residents of naval bases, residents of forts, U.S. Citizens of the
Virgin Islands, Puerto Rico, territories, and insular possessions were lawfully
required to file and pay the Victory Tax.
The year 1953 saw the United States relinquish control over the
Philippines. Several nagging questions remain:
1. Why do the Philippine Pure Trusts #1 (customs duties) and #2
(internal revenue) continue to be administered by the Secretary of
Treasury today?
2. Who are the Settlors of the Trusts?
3. What is done with the funds in the Trusts?
4. What businesses, if any, do these Trusts operate?
5. Who are the Beneficiaries?
On July 9, 1953, the Secretary of the Treasury, G. M. Humphrey, by
“virtue of the authority vested in me,” changed the name of the Bureau of
the Internal Revenue (BIR) to Internal Revenue Service when he signed what
is now Treasury Order 150-06. This was an obvious attempt to legitimize
the Bureau of Internal Revenue without the approval of Congress or the
President. Without any legal authority, Humphrey turned a pure trust into
an agency of the Department of the Treasury. His actions were illegal but
went unchallenged. Did he change the name of the BIR in Puerto Rico or the
BIR in the Philippines?
Mel Stamper 87
In 1954 the United States and Guam became partners under the Mutual
Security Act. The Act and other documents make reference to the definition
of Guam and the United States as being mutually interchangeable. In the
same year the Internal Revenue Code of 1954 was passed. The Code provides
for the United States and Guam to coordinate the “Individual Income Tax.”
Pertinent information on the tax issue may be found in 26 CFR 301.7654-1:
Coordination of U.S. and Guam Individual income taxes, 26 CFR 7654-
1(e): Military personnel in Guam, 48 USC § 1421(i): “Income-tax laws”
defined.
The Constitution forbids un-apportioned direct taxes upon the Citizens
of the several States of the fifty States of the Union; therefore, the federal
government must coerce (defraud) people into volunteering to pay taxes as
“U.S. citizens” of either Guam, the Virgin Islands, or Puerto Rico. It sounds
insane, and it is, but it is absolutely true. Each time we sign a 1040 Form,
with its approved Office of Management and Budget (OMB) number, we are
saying under penalty of perjury that we are residents of the Virgin Islands.
Check out the number on the form and ask the Director of the OMB if
that number is not a designation for the Virgin Islands. One other point of
interest on the 1040: how can you sign a form under penalty of perjury? The
only way possible for you to have committed perjury is if you were under an
Oath or an Oath of Office. If you are not a government employee, you are
not under Oath of Office.
referred to as the Director). The Director shall perform his duties under
the general direction of the Secretary of the Treasury (hereinafter referred
to as the Secretary) and under the supervision of the Assistant Secretary
(Enforcement, Tariff and Trade Affairs, and Operations) (hereinafter referred
to as the Assistant Secretary).”
Transformation complete
Treasury Order 120-01 assigned to the new BATF Chapters 51, 52, and
53 of the Internal Revenue Code of 1954 and sections 7652 and 7653 of
such code, chapters 61 through 80 inclusive of the Internal Revenue Code of
1954. The Federal Alcohol Administration Act (27 USC Chapter 8), which
in 1935 the Supreme Court had declared unconstitutional within the several
States of the Union. 18 USC Chapter 44, Title VII Omnibus Crime Control
and Safe Streets Act of 1968 (18 USC Appendix, sections 1201-1203, 18
USC 1262-1265 1952 and 3615).
Mr. Walker then made a statement within TO 120-01 that is very
revealing:
“The terms ‘Director, Alcohol, Tobacco and Firearms Division’ and
‘Commissioner of Internal Revenue’ wherever used in regulations, rules,
and instructions, and forms, issued or adopted for the administration and
enforcement of the laws specified in paragraph 2 hereof, which are in effect
or in use on the effective date of this Order shall be held to mean ‘the
Director.’”
Walker seemed to branch the Internal Revenue Service (IRS), creating
the Bureau of Alcohol, Tobacco, and Firearms (BATF), and then with that
statement joined them back together into one. In the Federal Register,
Volume 41, Number 180, of Wednesday, September 15, 1976, we find, “The
term ‘Director Alcohol, Tobacco and Firearms Division’ has been replaced by
the term ‘Internal Revenue Service.’”
Incredible!
It appears that without any authority from Congress or the President,
an Agency of over 100,000 employees is created by replacing “The term
‘Director Alcohol, Tobacco and Firearms Division.’”
I found this pattern of deception and invisibility everywhere I looked
during my investigation. For further evidence of the fact that the IRS and the
BATF are one and the same organization, reference 27 USCA Section 201.
Mel Stamper 89
This is how the lightning master performed his light show. Secretary
Humphrey, with no constitutional authority, created an agency of the
Department of the Treasury called “Internal Revenue Service” out of thin
air from an offshore pure trust called “Bureau of Internal Revenue.” The
“Settlor” and “Beneficiaries” of the trust are still unknown. The “Trustee” is
the Secretary of the Treasury. Acting Secretary Walker further laundered the
trust by creating, from the alleged “Internal Revenue Service,” the “Bureau of
Alcohol, Tobacco, and Firearms.”
Unlike Humphrey, however, Walker assuaged himself of any guilt when
he nullified the order by proclaiming: “The terms ‘Director, Alcohol, Tobacco
and Firearms Division’ and ‘Commissioner of Internal Revenue’ wherever
used in regulations, rules, and instructions, and forms, issued or adopted
for the administration and enforcement of the laws specified in paragraph 2
hereof, which are in effect or in use on the effective date of this Order, shall
be held to mean ‘the Director.’”
Walker created the Bureau of Alcohol, Tobacco, and Firearms from the
Alcohol, Tobacco and Firearms Division of Humphrey’s Internal Revenue
Service. He then said that what was transferred is the same entity as the
Commissioner of Internal Revenue. He knew he could not legally create
something from nothing without the authority of Congress and/or the
President – only God can do that – so he made it look like he did something
that he had, in fact, not done. To compound the fraud, he had the Federal
Register publish the unbelievable assertion that a person had been replaced
with a thing: “the term ‘Director Alcohol, Tobacco, and Firearms Division’
has been replaced with the term ‘Internal Revenue Service.’” Incredible!
The Federal Alcohol Administration, which administered the Federal
Alcohol Act, and offices of members and Administrator thereof, were
abolished and their functions were directed to be administered under
direction and supervision of Secretary of Treasury through Bureau of Internal
Revenue, now Internal Revenue Service. The Federal Alcohol Act was ruled
unconstitutional within the fifty States and was immediately transferred to
the BIR, which is an offshore trust.
This became the IRS, which gave birth to the BATF and somehow the
term “Director, Alcohol, Tobacco, and Firearms Division,” which is a person
within the BATF, spawned the Internal Revenue Service via another flick of
the pen on September 15, 1976. I asked the BATF, by use of a freedom of
information request, to identify the person who now administers the Federal
Alcohol Act. If I was wrong, a reply should have been sent stating that no
90 Fruit from a Poisonous Tree
record exists as to any name of any person who administers the Act. The
request was submitted to the BATF. The reply came on July 14, 1994, from
the Secret Service, an unexpected source, which disclosed a connection I had
not suspected.
The reply stated that John Magaw of the Bureau of Alcohol, Tobacco,
and Firearms, of the Department of the Treasury, administers the Federal
Alcohol Act. You may remember from the Waco hearings that John Magaw
is the Director of the Bureau Alcohol, Tobacco, and Firearms – the man in
charge of the heroic deed accomplished by the BATF with the execution of
86 human beings in Waco, Texas. That source and admission confirmed all
of my research.
Despite all the smoke and mirrors, there is no such organization of the
Department of the Treasury known as “Internal Revenue Service” or the
“Bureau of Alcohol, Tobacco, and Firearms.” Title 31 USC is “Money and
Finance” and therein are published the laws pertaining to the Department of
the Treasury (DOT). 31 USC, Chapter 3 is a statutory list of the organizations
of the DOT. Internal Revenue Service and/or Bureau of Alcohol, Tobacco,
and Firearms are not listed within 31 USC as agencies or organizations of the
Department of the Treasury. They are referenced, however, as “to be audited”
by the Controller General in 31 USC § 713.
Puerto Rico is a small but beautiful Island in the Caribbean which became
U.S. Territory as war reparations from Spain. Ever since that day it has been a
place where Congress could play games with the Constitution without much
interference from the Supreme Court and a place where most of the Congress
and other federal agencies still play games with the American people.
I have already demonstrated that both of these organizations are, in
reality, the same organization. Where we find the Yin, we will surely find
the Yang. In 27 CFR 26.11 (formerly 27 CFR, Chapter 1, Section 250.11),
Definitions, we find: “United States Bureau of Alcohol, Tobacco and Firearms
office. The Bureau of Alcohol, Tobacco and Firearms office in Puerto Rico”
Mel Stamper 91
and “Secretary – The Secretary of the Treasury of Puerto Rico.” and “Revenue
Agent – Any duly authorized Commonwealth Internal Revenue Agent of
the Department of the Treasury of Puerto Rico.” Remember that “Internal
Revenue” is the name of the Puerto Rico Trust #62. It is perfectly logical and
reasonable that a Revenue Agent works as an employee for the Department
of the Treasury of the Commonwealth of Puerto Rico, but in Cincinnati or
Saint Augustine?
Must be Noticed
No Implementation of Law
Delegation of Authority
date at the lower left-hand corner of the document, is (11-85). The tree from
which the order’s paper was manufactured was growing for over three years,
all the while purportedly giving authority.
I have serious concerns that indicate fraud with these documents:
1. That the Official Seal on 150-10 was not the same Seal as the one
depicted on 150-37, even though they were allegedly administered
the same day.
2. That the Secretary had not signed this important order (150-10) upon
which the IRS currently relies as their official Delegation of Authority,
whereas the Secretary felt it important to sign (150-37) which was to
be superseded the same day by Order (150-10).
3. That the stationary date on Order 150-37 was fourteen months
prior to the date of signature which seems appropriate from harvest
to manufacture; however, the stationary date on 150-10 was forty-
three months after the Order was allegedly issued as the Delegation
of Authority. I believe that, on its face, this constitutes fraud with
malicious intent to defraud the American people.
No Authority to Audit
Delegation Order Number 115 (Rev. 5), of May 12, 1986, is the only
delegation of authority to conduct audit. It states that the IRS and BATF can
audit only themselves and only for amounts of $750 or less. The Comptroller
General, according to Title 31 USC, must audit any amount above that
amount. No other authority to audit exists. No IRS or BATF agent or
representative can furnish me with any law, rule, or regulation which gives
the IRS the authority to audit anyone other than himself. Order Number
191 states that they can levy on Property but only if that Property is in the
hands of third parties.
Authority to Investigate
Authority to Collect
1132.72 of April 21, 1989, Collection Division says: “Executes the full
range of collection activities on delinquent accounts, which includes securing
delinquent returns involving taxpayers outside the United States and those in
United States territories, possessions and in Puerto Rico.”
“Act of Congress”
97
98 Fruit from a Poisonous Tree
“Man can live and satisfy his wants only by ceaseless labor; by the ceaseless
application of his faculties to natural resources. This process is the origin of
property. But it is also true that a man may live and satisfy his wants by seizing
and consuming the products of the labor of others. This process is the origin of
plunder. Since man is naturally inclined to avoid pain and since labor is pain in
itself, it follows that men will resort to plunder whenever plunder is easier than
work.
“When plunder becomes a way of life for a group of men living in society,
they create for themselves, in the course of time, a legal system that authorizes it
and a moral code that glorifies it.”
– The Law, by Frederick Bastiat, Economist and Statesman (June,
1850)
Banks are established for one reason and one reason only: to plunder the
wealth of diligent, honest, hardworking people. Impenetrable secrecy shrouds
the issue of money, banking, finance and economics. Each year thousands
of students spend enormous sums of money and time attending Ivy League
schools in a futile attempt to exalt and legitimize a system that, at its very core,
is based upon the blackest of evil, theft and usury. Our Founding Fathers had
no difficulty whatsoever understanding the agenda of the bankers, and they
constructed our Constitution to protect us from that force of darkness.
They hated the Bank of England in particular and felt that even if we
were successful in winning our independence from King George, we could
still never truly be a nation of freemen unless we started with an honest
money system. Only a $50,000 education could convince a man that a thief
is honest, that wrong is right and day is night. Most of these Ivy League club
members become lawyers. These lawyers and judges then populate the justice
system of this country protecting the international bankers. On one side of
this justice highway stand these warped intellects; we, the American people,
stand on the other. The only things in the middle of the road are dead skunks
and ignorant people.
For some strange reason, the men who have created this elaborate scheme,
whose sole purpose is the plunder of our national wealth, are the same morons
who claim to be brilliant, educated, and informed. Even they cannot seem to
agree on much of anything when it comes to banking or money.
Mel Stamper 99
TREASON’S RESORT
This day of infamy ended like most in the small town of Hoboken, New
Jersey. The sky was overcast this 22nd day of November, 1910; there was a
damp chill in the air. A train moving southwest left its vapor trails in the
evening sky and moved off into the sunset on a journey that would within
the near future change the world forever.
Mel Stamper 101
On the train, as it sped secretly into the blackness of night and into a
malevolent future, were several of the most influential, powerful, financial
and political men in the world. Many hours went by in silence; all men
present knew they were to play a part in the development of a master plan
that would alter forever their destiny, the destiny of the United States and of
the entire world.
For some of these men, traveling in the sealed railcar with the windows
blacked out, doubt crept into their minds as they pondered what would
happen to them if identified. They would certainly be branded by some a
traitor to the country, for clearly this act they were undertaking was treason.
The others among them had no latent sentiment of patriotism. Their only
allegiance was to their families (Rothschild, Rockefeller, Morgan) and money
– money beyond imagination that was soon to be theirs. The train moved
steadily south, consuming mile after mile of rail, bringing the collection
of traitors, bankers and politicians closer to their destiny at Jekyll Island,
Georgia.
Conditions precedent to the Jekyll Island meeting unfolded several
years earlier with the 1907-08 financial panics, which had been secretly
orchestrated by J.P. Morgan. Morgan de-stabilized the currency by starting
a rumor about a competitor to eliminate competition and consolidate his
power. This experience unnerved the entire country. President Theodore
Roosevelt signed into law a bill which created the National Monetary
Commission. This Commission was charged with the formulation of plans
for stabilization of the U.S. currency. Senator Nelson Aldrich (grandfather to
Nelson Rockefeller) was appointed its chairman.
Senator Aldrich, along with the entire Commission, departed for Europe
seeking solutions to the problems of U.S. banking and currency stabilization.
Their trip lasted nearly two years. The committee visited with heads
(Rothschild) of all the European central banks. Upon their return no results
of the trip were published; no legislation was offered to Congress. All that
was known was that the bill for the trip was $300,000.
There were, however, some interesting immigrants landing on our
shores along with the returning banking committee. One of them, Paul
Warburg, a German and member of the Rothschild banking family (German
division), immediately gained employment at the banking house of Kuhn,
Loeb and Company as an advisor at a salary of $500,000. Warburg and
Aldrich developed a plan, which Aldrich submitted to Congress, entitled the
“Aldrich Plan,” which was soundly rejected by the Western and Southern
Congressmen.
As the train approached the Brunswick, Georgia, station, several dark
limos were present, awaiting the arrival.
102 Fruit from a Poisonous Tree
sent to the states for ratification to become part of the Constitutional body of
law. The 16th amendment was the tool necessary to fund the Federal Reserve
banking system. This amendment would mean the success or failure of their
monetary plans. No matter what, this amendment must become law.
President Woodrow Wilson, along with his watchdog, Colonel House
(who was an agent of Rothschild), had to enlist the aid of Secretary of
State Philander Knox. Together, these three would proclaim that the 16th
amendment had been ratified, even though they knew it had little or no
chance of ratification. This had to be done! After the proclamation, the
amendment file would be hidden away and no one would ever know that a
little detail like non-ratification ever happened.
“No one will ever go out to the states and check,” and no one did until
two men named Bill Benson, of South Holland, Illinois, and M.J. “Red”
Beckman of Butte, Montana, came along (The Law That Never Was).
Thomas Jefferson had struggled against Alexander Hamilton’s scheme for
the First Bank of the United States, which was backed by James Rothschild.
He stated, “A central bank is a greater threat to our freedom than a standing
army”
Later, President Andrew Jackson was successful in removing the Second
Bank of the United States; again Rothschild was attempting to gain a foothold
on this continent. President Jackson stated, “You are a nest of vipers and
thieves, and by the grace of the all mighty God, I will root you out.” And so
he did. We were saved once again by a wise and assertive leader.
I am afraid the crop of presidents, beginning with Wilson to the present
day, were not cut from the same cloth as our former presidents and are
directly under the influence and control of the same evil financiers of the
original central banks of our past.
With a negative history of central bank activity in America, Paul Warburg
had warned the group not to call it a central bank. He convinced the group
of conspirators to use the name “Federal Reserve Bank.” The word “Federal”
had the inference of government, and the word “Reserve” gave a warm, fuzzy
feeling of confidence that there was something set aside that would stabilize
the currency in hard times.
Nothing in the words “Federal Reserve Bank” has, in fact, any of the
substance that the words suggest. The “Federal Reserve Bank” is not Federal
and has no true governmental authority. The word “Reserve” is misleading in
that there are no reserves of any kind.
The controllers of our currency and our lives are those same secret society
members who control Europe, Japan, and now, Russia. Their plans of world
domination are nearly perfected. The only concerns they have are that the
American people who are armed to the teeth, having tasted freedom, would
104 Fruit from a Poisonous Tree
fight to the death to preserve it. This is why they desperately seek the outright
banning of guns in America. (State Dept. Document 7277)
In referencing the Jekyll Island meeting, Bertie Charles Forbes, the
founder of Forbes magazine, six years after the event, wrote:
“Picture a party of the nation’s greatest bankers stealing out of New York
on a private railroad car under cover of darkness, stealthily hiding hundreds
of miles South, embarking on a mysterious launch, sneaking onto an island
deserted by all but a few servants, living there a full week under such secrecy
that the names of not one of them was once mentioned lest the servants learn
the identity and disclose to the world this strangest, most secret expedition
in the history of American finance. I am not romancing; I am giving to the
world, for the first time, the real story of how the famous Aldrich currency
report, the foundation of our new currency system, was written….
“The utmost secrecy was enjoined upon all. The public must not glean a
hint of what was to be done. Senator Aldrich notified each one to go quietly
into a private car of which the railroad had received orders to draw up on an
unfrequented platform.
“Off the party set. New York’s ubiquitous reporters had been foiled...
“Nelson (Aldrich) had confided to Henry, Frank, Paul and Piatt that he
was to keep them locked up at Jekyll Island, out of the rest of the world, until
they had evolved and compiled a scientific currency system for the United
States, the real birth of the present Federal Reserve System, the plan done on
Jekyll Island in the conference with Paul, Frank, and Henry.… Warburg is
the link that binds the Aldrich system and the present system together. He,
more than any one man, has made the system possible as a working reality.”
The Federal Reserve System was, from the day of its inception,
unconstitutional. The administrators of the system were to be appointed
directly by the President, giving the Congress no say in its construction. Had
this been known, the western and southern states would have had an all-out
rebellion.
The last things in the world they trusted were the Wall Street bankers
who had created the 1907-08 panic. Now, to have these men at the control
of America’s currency would never have been permitted. This was the major
concern of Aldrich and the reason for the high secrecy concerning the
meeting.
Under the proposed system, there would be four (later twelve) regional
Federal Reserve banks throughout the country, the New York bank being
in control of all the regions. This gave the public the impression of regional
reserves and independence, along with a feeling of security, albeit false.
And so on December 22, 1913, when Congress was more interested
in adjourning for the Christmas holiday than on the currency issue, they
Mel Stamper 105
approved the Federal Reserve Act. The international agents had control of
the United States of America. At that time, the nation had zero national
debt. As of this writing, the national debt is over nine trillion dollars. If all
off-budget items were truthfully presented, the debt would be double that
figure or greater.
The money barons have drained America of its national wealth and stolen
the American dream from all future generations. Every man, woman, and
child in this country, upon birth, has a personal debt to these international
agents of over $30,000. The interest alone is over one billion dollars each day
and rising. The principal will never be repaid, and their miracle of compound
interest will ensure the control of these “New World Order” masters over the
American people forever.
“The current Fed structure is difficult to justify in a democracy.
It’s an oddly undemocratic institution. Its organization is so dated that
there is only one Reserve Bank west of the Rocky Mountains, and two
in Missouri. Having a central bank with a monopoly over the issuance
of the currency in a democratic society is a very difficult balancing
act.” – Wall Street Journal, Feb.8, 1993
That is the story of creation of the Federal Reserve Bank. Now we will
explore the creation of their private “money.”
CHAPTER FIVE
MONEY
And [said unto them], What will ye give me, and I will deliver him unto you? And
they covenanted with him for thirty pieces of silver. (Matthew 26:15)
107
108 Fruit from a Poisonous Tree
“A Federal Reserve Note (is) merely an IOU.” Here’s how it works. When
the politicians want more money, they dispatch a request to the Federal
Reserve for whatever sum they desire. The Bureau of Printing and Engraving
then prints up bonds indenturing taxpayers to redeem their debts. The bonds
are then ‘sold” to the Federal Reserve. But note this unusual twist. The
bonds are paid for with a check backed by nothing! It is just as if you were
to look into your account and see a balance of $505 and then, hearing that
government bonds were for sale, write a check for $1billion. Of course, if
you or I did that, we would go to jail. The Federal Reserve bankers do exactly
that, with no fear of losing their freedom. In effect, they print the money
that enables their check to clear.” – James Dale Davidson, Director, National
Taxpayers Union
“The creation of a loan is little different when you go to your
neighborhood bank. Again, the ‘money’ that is loaned is created out
of thin air, with nothing more than a book entry! Let us see how a
bank creates a mortgage lien on a house: A man who owns a building
lot and has $20,000 needs an additional $75,000 to build a house.
If the banker finds the collateral sufficient, he may credit the man’s
checking account with $80,000 – minus several ‘points’ for expenses –
against which checks can be written to pay for construction. When the
house is completed, it will have a thirty-year lien at 12 or 15 percent.
After working 30 years to liquidate the debt, the owner will have paid
perhaps $300,000 for something that did not cost the banker a dime
in the first place. This is the magic of fractional reserve banking.” – The
Battle for the Constitution, Dr. Martin A. Larson
Some 97% of the money supply is made up predominantly of book
entries, about 3% actual coin and paper currency. The system needs a
continuous and increasing cycle of borrowing, debt, and refinancing, or the
entire system will collapse:
“If all the bank loans were paid off tomorrow morning, no one
would have a bank deposit and there would not be a dollar or coin
or currency in circulation. This is a staggering thought. We are
completely dependent on the commercial banks. Someone has to
borrow every dollar we have in circulation. If the banks create ample
synthetic money, we are prosperous; if not, we starve. We are absolutely
without a permanent money system. When one gets a complete grasp
of the picture, the tragic absurdity of our hopeless position is almost
incredible, but there it is. It is the most important subject intelligent
persons can investigate and reflect upon. It is so important that our
present civilization may collapse unless it becomes widely understood
and the defects remedied very soon.” – Robert Hemphill, former Credit
Manager, Fed Bank of Atlanta (in testimony before the Senate)
109
110 Fruit from a Poisonous Tree
A silly story, you say; no one would do that. Don’t be so sure; our
monetary system works the same way! Another example: Suppose you deposit
$1,000 into a bank at 10% compound annual interest, which means that
each year you will make interest on the interest. In 145 years you will have
over $1 billion – an exponential growth of 1,000,000 times. The moral: A
small amount, held as a perpetual debt, quickly compounds to astronomical
amounts.
Our money supply was loaned into existence, and you don’t pay back a
money supply. Compound interest payments will cause this debt to rise to
astronomical amounts (it already has). Furthermore, just like my ball bearing
example, there is always more debt than there is money to pay it back, so it
can never be paid back. The best we can do is refinance it.
Explained another way:
however, needed capital to establish their new businesses in the new business
community to the south.
They went to Jebidiah and presented him with their receipts to reclaim
their gold. The other customers, to whom he had sold receipts, also wanted
gold for them so that they also might invest and take advantage of this
new treaty. The result was, of course, a disaster for Jebidiah. There was not
sufficient gold on deposit to cover the demand. He was dragged from his
shop and crucified on the spot.
That is how things were done in the criminal justice system of the time.
One night at the dinner table, Jebidiah’s two sons discussed the recent
events and decided that their father’s idea was still a viable option if it were
modified. The next day they opened their vault for business once again with
a few changes. First, the brothers demanded up to 200% security for all of
the receipts they issued to the customers who did not deposit actual gold
with them. The borrower pledged twice the value of what he received and
also paid an interest on the principle value borrowed. Another requirement
was that the receipts would not be redeemable except by giving a 90-day
notice of withdrawal. In addition, the brothers inserted on the loan contract
a clause which gave them a right to declare the loan immediately due and
payable, regardless of the due date on the note, and repayable only in gold.
Business, because of the treaty, was good for all and business prospered
until the king had a dispute with the neighboring sovereign and canceled
the treaty. The brothers began calling in the loans, foreclosed on all security,
liquidated the securities at a discount for a profit of 60% and were still able
to deliver to the depositors all of their gold within 90 days, per the deposit
agreement. They grew rich beyond belief and began to branch out to other
towns and countries. They were the worlds’ first fractional reserve bankers,
and the business plan hasn’t changed substantially for centuries.
This is how the Federal Reserve Bank and all of your local friendly
bankers operate today. Now you know how the system of fractional banking
works and how destructive it has been to any nation that has been foolish
enough to permit it.
Fractional reserve banking has been scientifically reconstructed for
the present needs of today. The receipts are now legally determined by our
government to be a replacement for the gold. If you look closely at your
“money,” you will notice that it is a “Federal Reserve Note.” A note is a debt
instrument. In the past, the receipt was an acknowledgment of the banker’s
debt to you, and the gold you had on deposit was payable on demand. Your
money (note) has no such payable on demand notice on it, and all you will
receive from the bank on payment demand is a blank stare. What we have
now is a debt instrument being used to pay off other debt instruments.
112 Fruit from a Poisonous Tree
When you make a loan, the money that you borrow is on ledger as a
credit to your account by a journal entry on the creditor’s record. If you
wrote a check on the account and deposited that check in another bank,
Bank Two considers this new money, and it can lend against that deposit at
a ten to one ratio. If Bank Two lends this new money to another individual
who then writes a check on Bank One, Bank One lends against this deposit
at the same ten to one ratio and the multiples of ten to one go on and on and
on to infinity.
The courts or Congress have never repealed that provision in the
Uniform Commercial Code, but go stone cold deaf and blind to the use of
Federal Reserve Notes to pay off debt. When you mortgage your home for
a loan by executing a mortgage deed, whether you receive a credit on your
account or are given the cash (Federal Reserve Notes), you have given the
bank something of value – your promise of labor – in return for nothing of
value.
All across the country, property owners are having their mortgages
canceled because they can prove that no equal consideration was given for
their support of the mortgage. The banks are scared to death you will find
out about this fraud. When a government owns the press and can print an
unlimited number of worthless notes and can borrow with no limit on the
notes it legalizes, there is no need to tax the citizens. The only reason for the
government to go through the ritual of taxing you is to control you. The sole
purpose of the tax they exact from you is to get all of that worthless paper
out of circulation; otherwise inflation would consume the economy within
a matter of months. The Federal Reserve can create inflation or deflation at
its whim. It creates prosperity, inflation or depression anytime it wishes. IT
CONTROLS ALL OF US.
The people in control of the presses (FED) can pay old debts with the
inflated currency. They just keep the presses rolling. Just to survive, the rest
of us are then required to spend all that we have before its devaluation makes
it worthless. Mexico, Argentina and Brazil are prime examples of what awaits
this country. In a central banking system, the only ones who profit are the
owners of the central bank. If our government officials had one honest bone
in their body, which is doubtful, they would buy back the Federal Reserve
franchise and do what they are Constitutionally-required to do: print money
by and for the Treasury, interest free.
Legal taxes on things properly taxable would be ample revenue to secure
that money. It is not a widely published fact, but America has been in
bankruptcy since 1933. (12 USC 9 (a); Executive Orders 6073, 6102, 6111,
6260).
Mel Stamper 113
money and to repay the loan principle and interest. There were six farmers
who could not come up with the interest. Patterson foreclosed on their farms
and, under the protection of the Crown (for the King’s unlimited credit),
became the first central bank. Patterson realized that if he did not create any
more money than he loaned out for the debt interest of the borrower, a large
percentage of his customers would not be able to repay the loan and he could
take their property at great profit to himself.
If you were to take this example and apply it to our present time,
multiplied by the trillions, you can quickly see why the national debt will
never be repaid.
The money for the repayment has never been created, and if they were
to print money for it, that created money would have no money created
to pay it off. This monstrous system is perpetual in its destruction. It has
destroyed entire nations. The time has come for We the People to understand
the system and demand a stop to this dishonest finance forever.
I prepare many bankruptcies each year. The large majority of these
are the result of credit card purchases and abuse. The interest on the debt
compounds itself, and the lender loves it when you pay only the minimum
payment each month. Once caught in the interest trap of credit cards, the
only way out for many is to file bankruptcy, but Congress has passed new
legislation that will not allow for an individual to remove his credit card debt
through bankruptcy. Credit cards should be made illegal, and our nation
must return to the honest and Constitutional no-interest Treasury note, or
we will not survive into the new millennium as a free people.
At exactly 6:00 p.m. on December 23rd, 1913, three United States
Senators who had been recruited by Colonel House to commit treason voted
into law the Federal Reserve Act of 1913 by voice vote only. America had
been betrayed. Our Founding Fathers must have rolled over in their graves
with anger. America was on a fast track to financial destruction. At the time of
the FED’s creation there was no National debt, and now we are approaching
debt in the unbelievable amount of ten trillion dollars.
I was discussing a newspaper article with a friend who was concerned
with what the paper described as the reason the Federal Reserve was going
to replace the existing money with new issue notes. The reason given in the
article was that Iran was in the counterfeit money business and the new
currency would put an end to their plans. My friend believed that the paper
was correct in the given explanation that if this were not done, the phony
money would wreck our economy.
The newspaper and my friend would have been correct if the Federal
Reserve notes were indeed backed by gold held by the Treasury. But the FED
Mel Stamper 115
has no such gold reserve requirement and the Iranians don’t charge us any
interest for the money they print.
The Federal Reserve charges us 100% of the face value of the currency
printed, which costs them 9/10 of a cent regardless of the face value amount,
and Federal Reserve Notes give no consideration in return. Heaping on us
another indignity, we are charged an additional surcharge of 10% for every
dollar of our money they print. Every one of their dollars drags us further
into debt. This being the case of two opposing criminal factions, one of
which does not charge you for its product and the other one which does; who
is the worse enemy of this country, the Iranians or the Federal Reserve Bank?
I personally appreciate all the extra DEBT FREE money in circulation at no
cost to We the People.
Iran, keep it coming! Run three shifts; I’ll spend as much of it as you will
give me. That’s a promise!
In 1933, as expressed in Roosevelt’s Executive Orders 6073, 6102, and
6260, the United States first declared bankruptcy. The bankrupt U.S. went
into receivership in 1933. America was turned over via receivership and
reorganization in favor of its creditors. These creditors, the International
Bankers, from the beginning stated their intent, which was to plunder,
bankrupt, conquer and enslave America and return it to its colonial status.
Congressman Lewis T. McFadden, Chairman of the House Banking
Commission, speaking to Congress at the very time the conspiracy was taking
place said, “We have in this country one of the most corrupt institutions
the world has ever known. I refer to the Federal Reserve Board and the
Federal Reserve Banks, hereinafter called the FED. They are not government
institutions. They are private monopolies which prey upon the People of the
United States for the benefit of themselves and their foreign and domestic
swindlers, rich and predatory money lenders.”
McFadden died mysteriously in 1936 after three attempts on his life.
At the time of the passage of the Federal Reserve Act of 1913, Congressman
Charles Lindberg, Sr., said, “This Act establishes the most gigantic trust on
earth. When the President signs this Act the invisible government by the
Money Power, proven to exist by the Money Trust Investigation, will be
legalized. The new law will create inflation whenever the trusts want inflation.
From now on, depressions will be scientifically created.”
And then we have an admission from Franklin Delano Roosevelt, in a
letter to Colonel Edward Mandell House, the chief architect of the Federal
Reserve Act and the fraudulent 16th Amendment, revealed in The Intimate
Papers of Colonel House: “The real truth of the matter is, as you and I know,
that a financial element in the large centers has owned the government of the
116 Fruit from a Poisonous Tree
U.S. since the days of Andrew Jackson. History depicts Andrew Jackson as
the last truly honorable and incorruptible American Presidents.”
At least I must give FDR some credit in admitting that profound
statement. The shame of it is that it is still true.
If we don’t force Congress to rectify the matter soon, the whole house
of cards is going to fall down around our heads in a few short years. The
inevitable result is depression or hyperinflation, the worst possible economic
crisis. Those who refuse to learn the lessons of history are bound to repeat
the mistakes. History is replete with examples of nations whose governments
permitted private centralized banks to control and debauch their currency.
The ultimate mathematical equation is complete and total bankruptcy for all
but the elite few. Widespread poverty, lawlessness, anarchy – much the same
environment as paved the way for the second World War – is being visited
upon us again and by the same people. When, not if, our own economy
collapses, the people will accept anyone, even a despot like Hitler, who claims
he can save you from financial ruin.
The International Bankers have historically been responsible for crisis
after crisis and have invariably had their man waiting in the wings with the
“solution” for the “problem” they created.
“In the case of the federal government, we can print money to pay for
our folly for a time. But we will just continue to debase our currency, and
then we’ll have financial collapse. That is the road we are on today. That is
the direction in which the ‘humanitarians’ are leading us. But there is nothing
‘humanitarian’ about the collapse of a great industrial civilization. There is
nothing ‘humanitarian’ about the dictatorship that must inevitably take over as
terrified people cry out for leadership. There is nothing ‘humanitarian’ about
the loss of freedom. That is why we must be concerned about the cancerous
growth of government and its steady devouring of our citizens’ productive
energies... I speak of this so insistently because I hear no one discussing this
danger. Congress does not discuss it. The press does not discuss it. Look
around us, the press isn’t even here! The people do not discuss it – they are
unaware of it. No counter-force in America is being mobilized to fight this
danger. The battle is being lost, and not a shot is being fired.” – Congressman
William E. Simon, in a speech to the House of Representatives (April 10,
1976)
“I believe that if the people of his nation fully understood what
Congress has done to them over the past 49 years, they would move
on Washington, they would not wait for an election... It adds up to a
preconceived plan to destroy the economic and social independence
Mel Stamper 117
Prior to 1913, most Americans owned clear, allodial title to property, free
and clear of any liens or mortgages, until the Federal Reserve Act of 1913
“hypothecated” all property within the federal United States to the Board
of Governors of the Federal Reserve, in which the Trustees (stockholders)
held legal title. The U.S. citizen (tenant, franchisee) was registered as a
“beneficiary” of the trust via his birth certificate. In1933, the federal United
States hypothecated all of the present and future properties, assets and labor
of their “subjects,” the 14th Amendment U.S. citizen, to the Federal Reserve
System. In return, the Federal Reserve System agreed to extend to the federal
United States Corporation all of the credit “money substitute” it needed.
Like any other debtor, the federal United States government had to
assign collateral and security to their creditors as a condition of the loan.
Since the federal United States didn’t have any assets, they assigned the
private property of their “economic slaves,” the U.S. citizens, as collateral
against the unpayable federal debt. They also pledged the unincorporated
federal territories, national park forests, birth certificates, and nonprofit
organizations, as collateral against the federal debt. All has already been
transferred as payment to the international bankers.
Unwittingly, America has returned to its pre-American Revolution feudal
roots whereby a sovereign holds all land and the common people have no
rights to hold allodial title to property. Once again, We the People are the
tenants and sharecroppers renting our own property from a sovereign in the
guise of the Federal Reserve Bank. We the People have exchanged one master
for another.
This has been going on for over eighty years without the “informed
knowledge” of the American people, without a voice protesting loud enough.
Now it is easy to grasp why America is fundamentally bankrupt. Why don’t
more people own their properties outright? Why are 90% of Americans
mortgaged to the hilt and have little or no assets after all debts and liabilities
have been paid? Why does it feel like you are working harder and harder and
getting less and less?
We are reaping what has been sown, and the results of our harvest are a
painful bankruptcy and a foreclosure on American property, precious liberties,
and way of life. Few of our elected representatives in Washington, D.C., have
dared to tell the truth. The federal United States is bankrupt. Our children
will inherit this unpayable debt and the tyranny to enforce paying it.
CHAPTER SIX
ABOVE THE LAW
Horror hath taken hold upon me because of the wicked that forsake thy law.
(Psalm 119:53)
123
124 Fruit from a Poisonous Tree
The Federal Reserve’s income each year is well over a trillion dollars.
Congress holds them exempt from paying taxes on their illegally obtained
income. They pay only real estate taxes. In order to perpetuate this ongoing
fraud on the American public, it is imperative that the Fed’s financial activities
never be subject to public scrutiny, and so, in its eighty-six year history, the
Fed has never been audited by Congress or by any other government agency
and never will be.
“Neither Presidents, Congressmen, nor Secretaries of the Treasury
direct the Federal Reserve. In the matters of money, the Federal Reserve
directs them.” – None Dare Call It Conspiracy, by Gary Allen
“In the United States we have, in effect, two governments... We
have the duly constituted Government... Then we have an independent,
uncontrolled and uncoordinated government in the Federal Reserve
System, operating the money powers which are reserved to Congress
by the Constitution.” – Congressman Wright Patman, Chairman,
House Banking and Currency Committee
“By law, the seven members of the Federal Reserve Board are
appointed by the President for a term of fourteen years each. In spite
of the incredible length of` these appointments, nevertheless, they are
supposed to create the illusion that the people, acting through their
elected leaders, have some voice in the nation’s monetary policies. In
practice, however, every President since the beginning of the Federal
Reserve System has appointed only those men who were congenial to
the financial interests of the international banking dynasties. There
have been no exceptions.” – The Capitalist Conspiracy, by G. Edward
Griffin
“In its 60-year history, the Federal Reserve System has never been
subjected to a complete, independent audit, and it is the only important
agency that refuses to consent to an audit by the Congress’ agency,
the General Accounting Office... GAO audits of the Federal Reserve
will, moreover, fill the glaring gap that now exists in our information
about the Fed’s activities and programs. As things now stand, the only
information that we get on programs of the Fed is what the Fed itself
wants us to have.” – Congressman Wright Patman, Congressional Record
(May 5, 1975)
THE FED WILL TELL YOU ALL ABOUT THEIR MONEY
Legal Tender
Look at a Federal Reserve Note, and you will find the statement:
THIS NOTE IS LEGAL TENDER FOR ALL DEBTS PUBLIC AND
PRIVATE.
The Fed has been careful so as not to perpetrate an outright fraud
(Congress did that for them), at least in so far as what they state on their
“notes.” They have never asserted that their currency is “lawful money,” for
that would be a direct violation of the Constitution and the Coinage Act.
Instead, they have called it “legal tender.” One is a noun (money = substance);
the other a verb (tender = action).
Legal. The form of law; posited by the courts as the inference or
imputation of the law, as a matter of construction, rather than established by
actual proof.
Tender. An offer of money. The act by which one produces and offers to
a person holding a claim or demand against him the amount of money which
125
126 Fruit from a Poisonous Tree
Did you realize that when you “tender” a debt with a Federal Reserve
Note, or a bank draft, check, credit card, or other forms of money as opposed
to actual money, you are not in any way making payment? You simply made
a promise to pay. The Constitution and the law establish that the only lawful
money is gold and silver coin. You cannot lawfully make payment with
anything but gold and silver coin, unless the parties agree in advance to some
other form of equitable value barter exchange. An FRN has no intrinsic value
and is not evidence of wealth; it is evidence of debt, and unfortunately for
the one who accepts them, they are not even legitimate notes. FRNs fail the
test of legitimacy for notes, because there isn’t a promise to pay anything, and
they’re not redeemable for anything:
Note, n. An instrument containing an express and absolute
promise of signer (i.e. maker) to pay to a specified person or order, or
bearer, a definite sum of money at a specified time. A note not meeting
these requirements may be assignable but not negotiable. – Black’s Law
Dictionary, 6 Ed
“A note is a specific and unconditional promise to pay.” – UCC-304-I
“Intrinsically, a dollar bill is just a piece of paper.” – Modern Money
Mechanics, Federal Reserve Bank of Chicago
What exactly happens then when you make a transaction using an FRN
and acquire property or services?
You have not in fact made payment, but the debt incurred for the “goods”
is thereby discharged. The distinction is significant:
“There is a distinction between a debt discharged and one paid. When
discharged, the debt still exists, though divested of its character as a legal
obligation during the operation of the discharge. Something of the original
vitality of the debt continues to exist, which may be transferred even though
the transferee takes it subject to the disability incident to the discharge. The
fact that it carries something which may be a consideration for a new promise
to pay, so as to make an other wise worthless promise a legal obligation,
makes it the subject of transfer by assignment” – Stanek v. White, 215 N.W
784
128 Fruit from a Poisonous Tree
“About all a Federal Reserve note can legally do is wipe out one debt and
replace it with itself, another debt; a note that promises nothing. If anything
has been paid, the payment occurs only in the minds of the parties in the
idea sphere, not the real world.” – The Miracle on Main Street, by F. Tupper
Saussy
A bona fide note can be used in a financial transaction to discharge the
debt, only because it is an unconditional promise to pay by the issuer to the
bearer. Is a Federal Reserve Note a contract note, an unconditional promise
to pay? At one time the Federal Reserve issued bona fide contractual notes
and certificates, redeemable in gold and silver coin. Most people never saw
or comprehended the contract. It went largely unread because the Federal
Reserve very cunningly hid the contract on the face of the note by breaking
it up into five separate lines of text with a significantly different typeface for
each line, and placing the President’s picture right in the middle of it. They
even used the old attorney’s ruse of obscuring the most important text in fine
print! Over time, the terms and conditions of the contract were diluted, until
eventually they literally became an I.O.U. Nothing.
By 1964, there were no more Federal Reserve Notes being issued that
were redeemable for money. In fact fifty million of the very first non-
redeemable notes were shipped on November 26, 1963, the very day JFK was
being buried! Could there be a connection? President Kennedy had issued
Executive Order 11110, on June 4, 1963, ordering the Treasury to print
United States Notes. The most memorable of these notes was the $2 issue.
These notes couldn’t be redeemed for anything any more so than could
Federal Reserve Notes, but at least they had not indebted the People, because
they were issued without debt owing to the Federal Reserve Bank.
Abraham Lincoln also made a similar daring move, ordering the Treasury
to issue paper notes (know as “Lincoln Greenbacks”) rather than borrow bank
notes from the Bank of England. Both Presidents were promptly assassinated.
One of the very first Executive Orders issued by Lyndon B. Johnson as
newly-appointed dictator was for the mints to stop producing silver coins
and to start issuing clad coins made out of copper, nickel and zinc, and other
cheap metals. In this order, Johnson recalled all of the non-interest bearing
scrip. Johnson was demonstrably responsible for the debauching of the U.S.
currency.
Mel Stamper 129
“The high office of President has been used to foment a plot to destroy
the Americans’ freedom, and before I leave office I must inform the citizens
of this plight.” – John F. Kennedy at Columbia University, 10 days before his
assassination
It is my firm belief that President Kennedy was removed by the same
organization that removed Lincoln, by the same method, for the same reason.
If he had not issued EO 11110 and made that statement, he most likely
would have lived.
For the past thirty years I have known that the owners of the Federal
Reserve Bank control the entire world economy, not just the United States.
Until only recently, however, did I understand the extent of the fraud and
the far-reaching implications it presents throughout the entire world banking
system. I began my research in preparation for writing High Priests of Treason:
The Federal Reserve by talking to judges, bankers and attorneys about the
money and banking system.
I was appalled to discover that most of those learned people did not
know the truth about our money or banking system. Further, I found that
schools of all levels do not teach that banks create money out of thin air. I
researched throughout history, accounting, and law books on the high school
and college level. The truth is not to be found there. No one I talked to knew
that banks create money out of thin air, or they weren’t talking if they did.
I did find the truth verified in an unlikely source and in a form that cannot
be contradicted – The Federal Reserve Bank of Chicago’s own publication,
Modern Money Mechanics, and a companion comic book for young children
titled The Story of Money. These books have been used as exhibits in lawsuits
against banks and are no longer available.
But just how this happens all too often remains a mystery, and our schools do
not attempt to lift the veil of darkness.
“The actual process of money creation takes place primarily in the
bank ... In the absence of legal reserve requirements, a bank can build
up deposits by increasing loans and investments so long as they keep
enough currency on hand to redeem whatever amounts the holders of
deposits want to convert into currency. This unique attribute of the banking
business was discovered many centuries ago. (emphasis added)
“It started with goldsmiths. As early bankers, they initially provided safe
keeping services, making a profit from vault storage fees for gold and coins
deposited with them. People would redeem their ‘deposit receipts’ whenever
they needed gold or coins to purchase something, and physically take the gold
or coins to the seller who, in turn, would deposit them for safekeeping. Often,
with the same banker. Everyone soon found that it was a lot easier simply to
use the deposit receipts directly as a means of payment. These receipts, which
became known as notes, were acceptable as money since whoever held them
could go to the banker and exchange them for metallic money.
“Then, bankers discovered that they could make loans merely by giving
their promises to pay, or bank notes, to borrowers. In this way, banks began
to create money. More notes could be issued than the gold and coin on hand
because only a portion of the notes outstanding would be presented for
payment at any one time. Enough metallic money had to be kept on hand, of
course, to redeem whatever volume of notes was presented for payment.
“Transaction deposits are the modern counterpart of bank notes. It was
a small step from printing notes to making book entries, crediting deposits
of borrowers, which the borrowers in turn could spend, by writing a check,
thereby printing their own money.”
- Modern Money Mechanics – A Workbook on Bank Reserves and Deposits
Expansion, Pages 2 and 3, Feb. 1994, Federal Reserve Bank of Chicago.
Reading Modern Money Mechanics will absolutely astound you and finally
fill in some of your brain cavity that which was purposefully left empty by our
federally-funded public educational system. Whoever authorized this booklet
to be written, published, and placed into distribution is owed a great debt of
gratitude. This booklet, read, understood, and acted upon by you, will return
the system back to Constitutionally-sound money if you do your part to free
We the People from our present economic slavery.
CHAPTER SEVEN
THE SWINDLE
131
132 Fruit from a Poisonous Tree
Now apply what we have just learned about money and banking to
buying a home. Let us presume that after years of saving and months of
looking you finally find and select a home in which you want to raise your
family. Interest rates vary from bank to bank, so you must shop around until
you find the best deal. We are all nervous when we sit before the loan officer
at the bank. But you have always paid your debts and for years have had
excellent credit, so there should be no problem getting the loan. The loan
officer calls you a week later with the news that you are a new homeowner
(you and the bank).
In a few weeks, you go to the scheduled closing and are greeted
with a mountain of papers in triplicate. After forty-five minutes, you
have finished the paper work and the home is yours and the bank’s. Now
the hard part begins – paying for it!
Your loan was for $85,000 at 8.5% interest, agreeing to pay it back at
$653 per month for the next 30 years. In the next 30 years (assuming that
you earn $10 per hour), 23,500 hours of your labor will go toward paying for
that house. This works out to about 11 3/4 years at 40 hours per week.
This is the system of usury in all of its evil glory and this is how it
works.
What you did not know and would never have believed is that the bank
just defrauded you. This is how they did it. As a typical bank customer,
you presumed that the money you borrowed from the bank came from its
depositors or investors. That is what the bank wants you to believe. But that is
not the truth.
Before you took out the loan from the bank, that money did not exist.
The bank took your loan application and renamed it a “promissory note.”
The bank then took your “promissory note” and attached it to the title of the
property. Using the home as collateral, the bank wrote a check.
The moment the bank wrote the check, it created the money out of thin
air. If you doubt that the bank is writing checks to create money using your
promissory note as an asset read the following again. In the Federal Reserve
Bank’s own words:
“Bankers discovered that they could make loans merely by giving their
promises to pay, or bank notes, to borrowers. In this way, banks began to
create money.”
Returning to our example, the bank made a check payable to the seller.
The seller accepted the check and deposited it back into the system. No
armored cars ever delivered money to anyone.
Mel Stamper 133
You believe the bank approved your loan because you are a splendid
example of credit risk and would make good on your promise to pay. Actually,
the bank doesn’t give a flip whether you pay or not; it doesn’t really matter to
the bank whether you keep your promise or not. After all, if you don’t, they
just foreclose and take your home.
What took the bank moments to create will take you 23,500 hours of
labor to pay back.
Your intellect should be telling you about now that there is something
terribly wrong in River City.
Now let’s create a legitimate scenario for a moment and, using the same
numbers, make the transaction honest.
You want to buy the same home on a land contract, directly from the
seller. You would pay the seller directly.
Would the exchange of the home for money be honest? Yes.
Would it be legal? Yes, of course it would be. Why? Because the home is
a direct product of someone’s labor. The money you exchanged for the home
has value because you exchanged your labor for it. Unlike the first example
with the bank, it was not something which you created out of thin air. When
you exchange your labor for money, the money has value and substance,
because you exchanged your labor for it. It is labor which gives value to the
money. In this example, value for value is exchanged.
Financing a home through a bank could be an honest transaction. Years
ago it was. But the bank must lend you money that was either invested by
its owners or placed on deposit by its customers. We all presume when we
borrow from a bank that this is where the money comes from. It doesn’t, but
this is exactly what the bankers want you to believe.
4. Consideration given.
When you borrow from a bank that created money out of thin air, there
can be no consideration. No equal consideration, NO CONTRACT.
5. Every contract must have the element of time to make it lawful.
6. All parties must be of lawful age, usually 21 years old.
YOUR REMEDY
You have been lied to, cheated and stolen from each and every time you
borrowed money from a bank. If you want to help restore this country to a
constitutional money system, then here is something practical that you might
consider. You can sue every bank and credit card company that has ever stolen
from you and force them to cancel your loans with respect to the credit cards
and return all of the money you have given them. Some have taken the banks
to court and had their mortgages canceled and kept possession of the home.
This type of suit will stop a foreclosure if the judge knows anything about
law.
Here on the following pages are a few suggested letters samples that you
might use to get the process started in removing the debt on your credit
cards. A bank, by the way, is always in back of a credit card issue.
Mel Stamper 135
1st letter
Bank
Manager, Customer Service
Credit Card Division
P.O. Box . Certified Mail #
City and State
Month, 200_
Sincerely,
Your Name
c/o Your Street
Your City, Your State, Your Postal Zone
136 Fruit from a Poisonous Tree
2nd letter
Date
Dear Manager,
Sincerely,
Your Name
c/o Your Street
Your City, Your State, Your Postal Zone
Mel Stamper 137
Comes now Affiant having full, first-hand knowledge of the facts herein and,
by making this affidavit of his own first-hand knowledge, affirms that the facts
stated herein are true and correct to the best of his knowledge and belief.
On or about (date you signed your credit card application), Affiant
signed documents without knowledge that a fraud was being perpetrated
upon Affiant:
That Affiant was coerced into signing documents without any knowledge
that a fraud was being perpetrated upon Affiant;
That Affiant’s revocation of signature constitutes a recession of signature.
Thus, the contract no longer exists.
Affiant hereby revokes and makes void all signatures for cause pursuant
to UCC 3-501.
Now Affiant is formally and timely removing the aforementioned
signature(s) for all time and removing any nexus that (credit card company)
may presume to have over Affiant by virtue of said signature(s).
________________________
(your name
________________________ ________________________
(name of witness) (name of witness)
STATE OF
COUNTY OF
___________________________________
NOTARY PUBLIC
138 Fruit from a Poisonous Tree
3rd letter
Date
Certified Mail No.
Credit Card Company
Address
City, State, Zip
Sincerely,
Your Name
c/o Your Street
Your City, Your State, Your Postal Zone
Mel Stamper 139
4th Letter
Date
Certified Mail No.
Enclosed please note my returned credit card issued by your bank (card
number). I demand proof of its cancellation. In addition I demand that all
related computer-generated bookkeeping entries concerning my account be
destroyed. Failure on your part to comply with my demands will result in
court action to compel performance of said demands. Further, be advised that
any action by you or your agents in any attempt to collect on this account
will result in immediate court action.
My actions are taken in a timely manner with this refusal for cause,
pursuant to UCC 3-501.
Refusal for Cause Without Dishonor, UCC 3-501(b)(3) states: “Without
dishonoring the instrument, the party to whom presentment is made may
(i) return the instrument for lack of a necessary endorsement, or (ii) refuse
payment or acceptance for failure of the presentment to comply with the
terms of the instrument, an agreement of the parties, or other applicable law
or rule.
The reasons for my refusal for cause are as follow:
Constructive Fraud
When applying for my credit card, I was under the mistaken belief that
(credit card company) would be loaning me depositor’s money, which it
received from its depositors or investors. I have found by researching relevant
case law on the matter and reading Modern Money Mechanics, published by
the Federal Reserve Bank of Chicago, that (credit card company) created the
140 Fruit from a Poisonous Tree
Peonage
Revocation of Signature
CONSPIRACY
You and your fellow bankers have been allowed to defraud the American
public for many years. This can be explained only by the knowledge that the
Federal Reserve Banks are a privately owned, operating for profit, corporation.
Because of your inter-relationship and practices, all banks in this country are
to be considered in law as one and the same, in that each bank in the Federal
Reserve System is obligated to accept the checks of other member banks as if
they issued it. I find it unconscionable that (credit card company) has been
able to transfer my labor to its balance sheet by mere bookkeeping entries
into its computer. This egregious violation of law and my civil rights shocks
the conscience of all law-abiding citizens.
NOTICE
UCC 3-503 allows you thirty (30) days from receipt of this Refusal for
Cause Without Dishonor notice to state under oath your rebuttal to my
following causes:
That (credit card company) did not create money by loaning its credit
and charging interest upon that loan, in violation of the law of contracts.
If you do not respond within thirty (30) days from the date of your receipt
of this NOTICE, a default will be created by your material misrepresentation
which vitiates any transaction occurring from the beginning of our doing
business together until thirty (30) days from the date first above written.
UCC 1-103.
If, within thirty (30) days, you do not either answer the above under oath
or provide me proof of the cancellation of this computer-generated debt, the
return or destruction of my application, and the return of all Federal Reserve
Notes that I have paid to you since the beginning of our business relationship,
I will seek damages against your bank for fraud. The Uniform Commercial
Code allows me to seek the return of all Federal Reserve Notes paid to (credit
card company) plus triple damages.
I will guarantee you only this: this set of letters will get their attention at
the very highest level. You will get one heck of an education reading their replies.
What will you do with all of the extra money, after you pay off the vendors?
CHAPTER EIGHT
A HOUSE FOR FREE
143
144 Fruit from a Poisonous Tree
STATE OF MINNESOTA
IN JUSTICE COURT
COUNTY OF SCOTT
TOWNSHIP OF CREDIT RIVER
Jerome Daly,
Defendant.
_________________________/
The above entitled action came on before the Court and a Jury of 12 on
December 7, 1968, at 10:00 a.m. Plaintiff appeared by its President Lawrence
V. Morgan and was represented by its Counsel Theodore R. Mellby. Defendant
appeared on his own behalf.
A jury of Talesmen were called, impaneled and sworn to try the issues in
this Case. Lawrence V. Morgan was the only witness called for Plaintiff and
Defendant testified as the only witness in his own behalf.
Plaintiff brought this as a Common Law action for the recovery of the
possession of lot 19, Fairview Beach, Scott County, Minn. Plaintiff claimed
titled to the Real Property in question by foreclosure of a Note and Mortgage
Deed dated May 8, 1964, which Plaintiff claimed was in default at the time
foreclosure proceedings were started.
Defendant appeared and answered that the Plaintiff created the money
and credit upon its own books by bookkeeping entry as the legal failure of
consideration for the Mortgage Deed and alleged that the Sheriff ’s sale passed
no title to Plaintiff.
The issues tried to the jury were whether there was a lawful consideration
and whether Defendant had waived his rights to complain about the
consideration having paid on the note for almost 3 years.
Mr. Morgan admitted that all of the money or credit which was used as
a consideration was created upon their books, that this was standard banking
practice exercised by their bank in combination with the Federal Reserve Bank
of Minneapolis, another private bank, further that he knew of no United
States Statute of Law that gave the Plaintiff the authority to do this. Plaintiff
146 Fruit from a Poisonous Tree
further claimed that Defendant by using the ledger book created credit and
by paying on the Note and Mortgage waived any right to complain about the
consideration and that Defendant was estopped from doing so.
At 12:15 on December 7, 1968, the Jury returned a unanimous verdict
for the Defendant.
Now therefore, by virtue of the authority vested in me pursuant to
the Declaration of Independence, the Northwest Ordinance of 1787, the
Constitution of the United States and the Constitution and laws of the State
Minnesota not inconsistent therewith;
1. That Plaintiff is not entitled to recover the possession of lot 19, Fairview
Beach, Scott County, Minnesota, according to the Plat thereof on file
in the Register of Deeds office.
2. That because of failure of a lawful consideration the Note and
Mortgage dated May 8, 1964, are null and void.
3. That the Sheriff ’s sale of the above-described premises held on June
26, 1967, is null and void, of no effect.
4. That Plaintiff has no right, title or interest in said premises or lien
thereon, as is above described.
5. That any provision in the Minnesota Constitution and any Minnesota
Statute limiting the Jurisdiction of this Court is repugnant to the
Constitution of the United States and to the Bill of Rights of the
Minnesota Constitution and is null and void and that this Court has
Jurisdiction to render complete Justice in this Cause.
6. That Defendant is awarded costs in the sum of $75.00 and execution is
hereby issued therefore.
7. A 10 day stay is granted.
8. The following memorandum and any supplemental memorandum
made and filed by this Court in support of this judgment is hereby
made a part hereof by reference.
BY THE COURT
MARTIN V. MAHONEY
JUSTICE OF THE PEACE
CREDIT RIVER TOWNSHIP
SCOTT COUNTY, MINNESOTA
Scott County, Minnesota
Mel Stamper 147
MEMORANDUM
The issues in this case were simple. There was no material dispute on the
facts for the Jury to resolve.
Plaintiff admitted that it, in combination with the Federal Reserve Bank of
Minneapolis, which are for all practical purposes, because of their interlocking
activity and practices, and both being Banking Institutions incorporated
under the Laws of the United States, are in the Law to be treated as one and
the same Bank, did create the entire $14,000.00 in money or credit upon
its own books by bookkeeping entry. That this was the Consideration used
to support the Note dated May 8, 1964 and the Mortgage of the same date.
The money and credit first came into existence when they credited it. Mr.
Morgan admitted that no United States Law of Statute existed which gave
him the right to do this. A lawful consideration must exist and be tendered to
support the note. See Anheuser Busch Brewing Co. v. Emma Mason, 44 Minn.
318. 46 N.W. 558. The Jury found there was no lawful consideration and I
agree. Only God can create something of value out of nothing.
Even if defendant could be charged with waiver or estoppel, as a matter
of Law this is no defense to the plaintiff. The Law leaves wrongdoers where
it finds them. See sections 50, 51, and 52 of Am Jur 2d “Actions” on page
584 – “no action will lie to recover on a claim based upon, or in any manner
depending upon, a fraudulent, illegal, or immoral transaction or contract to
which plaintiff was a party.
Plaintiff ’s act of creating credit is not authorized by the Constitution and
Laws of the United States, is unconstitutional and void, and is not lawful
consideration in the eyes of the Law to support any thing or upon which any
lawful rights can be built.
Nothing in the Constitution of the United States limits the jurisdiction
of this Court, which is one of original Jurisdiction with right of trial by Jury
guaranteed. This is a Common Law Action. Minnesota cannot limit or impair
the power of this Court to render Complete Justice between the parties. Any
provisions in the Constitution and laws of Minnesota which attempt to do
so are repugnant to the Constitution for the United States and void. No
question as to the Jurisdiction of this Court was raised by either party at the
trial. Both parties were given complete liberty to submit any and all facts and
law to the Jury; at least in so far as they saw fit.
No complaint was made by Plaintiff that Plaintiff did not receive a fair
trial. From the admissions made by Mr. Morgan the path of duty was made
direct and clear for the Jury. Their Verdict could not reasonably have been
otherwise. Justice was rendered completely and without denial, promptly and
148 Fruit from a Poisonous Tree
without delay, freely and without purchase, conformable to the laws in this
Court on December 7, 1968.
BY THE COURT
December 9, 1968
MARTIN V. MAHONEY
JUSTICE OF THE PEACE
CREDIT RIVER TOWNSHIP
SCOTT COUNTY, MINNESOTA
concerned and are not a valid deposit of $2.00 with the Clerk of the District
Court for the purpose of effecting an Appeal from this Court to the District
Court.
“However, there is a second ground of invalidity of these Federal Reserve
Notes previously discussed and that is that the Notes are invalid because on
no theory are they based upon a valid, adequate or lawful consideration.
“At the hearing scheduled for January 22, 1969, at 7:00 p.m., Mr.
Morgan, nor anyone else from or represent the Bank, attended to aid the
Court in making a correct determination.
“Mr. Morgan appeared at the trial on December 7, 1969, he appeared as
a witness to be candid, open, direct, experienced and truthful. He testified to
20 years of experience with the Bank of America in Los Angeles, the Marquette
National Bank of Minnesota and the First National Bank of Minnesota. He
seemed to be familiar with the operation of the Federal Reserve System. He
freely admitted that his Bank created all of the money and credit upon its
books with which it acquired the Note and Mortgage of May 8, 1964. The
credit first came into existence when the Bank created it upon its books.
Further, he freely admitted that no United States Law gave the Bank the
authority to do this. There was obviously no lawful consideration for the
Note. The Bank parted with absolutely nothing except a little ink. In this
case the evidence was on January 22, 1969, that the Federal Reserve Banks
obtain the Notes for the cost of the printing only. This seems to be conferred
by Title 12 USC, Section 420. The cost is about 9/10ths of a cent per Note,
regardless of the amount of the Note. The Federal Reserve Banks create all
of the money and credit upon their books by bookkeeping entries by which
they acquire United States and State Securities. The collateral required to
obtain the Note is, by section 412 USC, Title 12, a deposit of a like amount
of Bonds – Bonds which the Banks acquire by creating money and credit by
bookkeeping entry.
“No rights can be acquired by fraud. The Federal Reserve Notes are
acquired through the use of unconstitutional statutes and fraud.
“The Common Law requires a lawful consideration for any Contract or
Note. These Notes are void for failure at a lawful consideration at Common
Law, entirely apart from any Constitutional Considerations. Upon this
ground, the Notes are ineffectual for any purpose. This seems to be the
principal objection to paper fiat money and the cause of its depreciation and
failure down through the ages. If allowed to continue, Federal Reserve Notes
will meet the same fate. From the evidence introduced on January 22, 1969,
this Court finds that as of March 18, 1968, all Gold and Silver backing is
removed from Federal Reserve Notes.
Mel Stamper 151
“The law leaves wrongdoers where it finds them. See Amer. Jur. 2nd on
Actions, Sections 50, 51 and 52.
“Slavery and all its incidents, including Peonage, thralldom and debt
created by fraud is universally prohibited in the United States. This case
represents but another refined form of Slavery by the Bankers. Their position
is not supported by the Constitution of the United States. The People have
spoken their will in terms which cannot be misunderstood. It is indispensable
to the preservation of the Union and independence and liberties of the
people that this Court adhere only to the mandates of the Constitution and
administer it as it is written. I therefore hold these Notes in question void
and not effectual for any purpose.”
BY THE COURT
/s/ Martin V. Mahoney
MARTIN V. MAHONEY
JUSTICE OF THE PEACE
CREDIT RIVER TOWNSHIP
SCOTT COUNTY, MINNESOTA
Why does there exist within the borders of the United States of America
a system that appears to be predicated upon the enslavement of its citizens for
the benefit of the favored few international bankers?
Perhaps we should revisit the time period of 1933 for the answer.
Soon after the federal government’s departure from common law in 1938,
the United States entered the Second World War. The League of Nations was
re-instituted under the pretence of the “United Nations” (22 U.S.C.A. 287 et.
seq.). The Bank for International Settlements was re-instituted under pretense
152 Fruit from a Poisonous Tree
of the Bretton Woods Agreement (60 Stat. 1401, 22 U.S·C·A. 286 et seq.) as
the “International Monetary Fund” (The Fund) and the “International Bank
For Reconstruction And Development” (The Bank).
The United States as a corporate body politic (artificial entity) emerged
from World War II in worse economic condition than when it entered.
In 1950, again the US declared bankruptcy and “reorganization.” The
reorganization is located in Title 5 of United States Code Annotated. The
“explanation” at the beginning of 5 U.S.C.A. is immensely informative.
The “Secretary of Treasury” was appointed as the “Receiver” in Bankruptcy.
(Reorganization Plan No. 26. 5 U.S.C.A. §903, Public Law 94-564,
Legislative History, page 5967.)
The United States subsequently and periodically filed further
reorganizations. Conditions and situations worsened and Congress, having
done what they were commanded not to do (Madison’s Notes, Constitutional
Convention, August 16, 1787; Federalist Papers No.44), in 1965 passed the
“Coinage Act,” completely debasing the Constitutional Coin (gold and silver,
i.e. “dollar”). (18 U.S.C.A, §§331 and 332, U.S. vs. Marigold, 50 U.S. 560,
13 L.Ed. 257.)
At the signing of the Coinage Act on July 23, 1965, President Lyndon B.
Johnson stated in his press release:
“When I have signed this bill before me, we will have made the first
fundamental change in our coinage in 173 years. The Coinage Act of 1965
supersedes the Act of 1792. And that Act had the title: ‘An Act Establishing a
Mint and Regulating the Coinage of the United States...’
“Now I will sign this bill to make the first change in our coinage system
since the 18th Century. To those members of Congress who are here on this
historic occasion, I want to assure you that in making this change from the
18th Century we have no idea of returning to it.”
It is important to take full cognizance of the fact that no Constitutional
Amendment was ever obtained to fundamentally change, amend, abridge, or
abolish the constitutional mandates, provisions, or prohibitions contained
in the organic Constitution for the United States regarding our money. But
due to internal and external pressures and divisions surrounding the Vietnam
conflict, etc., the usurpation and breach of their constitutional mandate,
Congress’ actions went basically unchallenged and unnoticed by the general
public at large. They, the de jure people of the United States of America, that
day, became “a wealthy man’s cannon fodder or cheap source of slave labor.”
(Silent Weapons for Quiet Wars, TM-SW7905.1, pages 6-13, 56).
Congress is clearly mandated the power and authority to regulate
and maintain true and inherent “value” of the Coin within the scope and
authority of Article I, Section 8, Clauses 5 and 6, and Article I, Section 10,
Mel Stamper 153
First the Federal Judges roll over for their 20 pieces of silver
On October 28, 1977 the passage of Public Law 95-147, 91 Stat. 1227
declared most banking institutions, including State banks, to be under
direction and control of the corporate “Governor” of the International
Monetary Fund. (Public Law 94-564, Legislative History, page 5942, United
States Government Manual, 1990/91, pages 480-481.) The Act further
declared:
“(2) Section 10(a) of the Gold Reserve Act of 1934 (31 U.S.C. §822 a
[b]) is amended by striking out the phrase ‘stabilizing the exchange value of
the dollar’...”
“(c) The joint resolution entitled ‘Joint resolution to assure uniform
values to the coins and currencies of the United States’, approved June 5,
1933, (31 U.S.C. §463) shall not apply to obligations issued on or after the
date of enactment of this section.”
The international organizations, corporations, and associations could
not pay and refused to pay their debts. They determined that they could pass
the loss of their non-redeemable, non-current notes, bonds, and evidences
of debt off onto others and thereby crown their fraud with success. (Letter
from Department of Treasury, Russell L. Hunk, Assistant General Counsel
(International Affairs), October 26, 1989, as recorded in the office of Clerk
and Recorder, Baca County, Colorado, at Book 540 page 364). The de facto
United States as Corporators, (22 U.S.C.A. §286 [e], et seq.) and “state” had
declared “insolvency” (26 USC § 1651[g][1], Westfall vs. Bralev, 10 Ohio
188, 75 Am. Dec. 509, Adams vs. Richardson, 337 SW 2d 911; Ward vs.
Smith, 7 Wall 447).
In 1980 Congress passed among other things Public Law 96-221,
providing for the furtherance and expansion of the profligate re-hypothecated
debt pyramid scheme and reduced the reserve requirements on “transaction
Mel Stamper 157
“In the United States neither paper currency nor deposits have value
as commodities. Intrinsically, a dollar bill is just a piece of paper. Deposits
are merely book entries. Coins do have some intrinsic value as metal, but
generally far less than their face amount...
“In the absence of legal reserve requirements, banks can build up deposits
by increasing loans and investments so long as they keep enough currency on
hand to redeem whatever amounts the holders of deposits want to convert
into currency. This unique attribute of the banking business was discovered
several centuries ago. At one time, bankers were merely middlemen. They
made profit by accepting gold and coins brought to them for safekeeping and
lending them to borrowers. But they soon found that the receipts they issued
to depositors were being used as money since whoever held them could go to
the banker and exchange them for metallic money.
“Then bankers discovered that they could make loans merely by giving
borrowers their promise to pay (bank notes). In this way, banks began to
create money. More notes could be issued than the gold and coin on hand
because only a portion of the notes outstanding would be presented for
payment at any one time. Enough metallic money had to be kept on hand, of
course, to redeem whatever volume of notes was presented for payment.
“Transaction deposits are the modern counter-part of bank notes. It
was a small step from printing notes to making book entries to the credit
of borrowers which the borrowers, in turn, could ‘spend’ by writing checks,
thereby, ‘printing their own money.’” – Modern Money Mechanics, A Workbook
on Deposits, Currency and Bank Reserves, 1982 Rev. Ed., Federal Reserve Bank
of Chicago, P.O. box 834, Chicago, Illinois 60609, pages 3 and 4.)
assign military forces abroad; institute martial law; seize and control all
transportation and communication; regulate the operation of private
enterprise; restrict travel; and in a plethora of particular ways, control the
lives of all American citizens.” (Foreword, Page III)
The “Introduction” on page 1 begins with a phenomenal declaration:
“A majority of the people of the United States have lived all of their lives
under emergency rule. For 40 years, freedoms and governmental procedures
guaranteed by the Constitution have in varying degrees been abridged by
laws brought into force by states of national emergency …”
According to all my research of 16 American Jurisprudence,
2nd Ed., Sections 71 and 82, no emergency justifies a violation of
any constitutional provision. Arguing the “Supremacy Clause” and
“Separation of Powers” is clearly admitted in Senate Report No. 93-549;
that abridgement has clearly occurred. We have all heard, on numerous
occasions, statements in federal and state tribunals that Constitutional
arguments are “immaterial” or “frivolous.” That is based upon the
concealment, furtherance and compounding of fraud and “emergency”
created and sustained by the “expatriated” aliens of the United Nations
and its organizations, corporations, and associations. (Letter, Insight
Magazine, February 18, 1991, page 7, Lowell L. Flanders, President, UN
Staff Union, New York.) 8 U.S.C.A §1481 is one of the controlling statutes
on expatriation, as is 22 U.S.C.A. §§§611, 612 and 613 and 50 USCA §781.
This is where the Federal government gets jurisdiction over you because you
have an invisible contract with the Secretary of the Treasury in the form of
bank accounts, credit cards, Social Security participation, etc. Contract law
is Equity/Admiralty jurisdiction, and the Constitution is of no use to you in
those Courts.
161
162 Fruit from a Poisonous Tree
Between 1935 and 1956 most of the nations of the world became
indebted to the United States. Most of the indebtedness was incurred
when the U.S. furnished aid to its allies during World Wars I and II. Debts
between nations have been traditionally satisfied by payment in gold. Thus
our gold supplies should have escalated exponentially. A few nations did
make payments on their debt and one or two may have even paid the entire
amount. Most, however, delayed payment, and eventually the United States
Congress forgave their debt. In any event by 1956, our gold supplies should
have been far in excess of $940 billion, but even if they were not, where is the
$80 billion that should have been there?
U.S. News and World Report published the following in an article dated
February 24, 1956:
Mel Stamper 163
“U.S. could get into a ‘tight’ gold supply position, if the countries were
to decide to withdraw the gold reserves on which they hold claims. In 1953,
our gold reserve was $23.3 Billions; in 1956 it is down to $21.8 Billions; but
other nations hold claim against our gold totaling $13.8 billions; so in an
emergency, available for our need is a gold reserve of only $8 billions; whereas
we need $12 billions of gold reserve, to backup our currency.”
How could this be when most of the nations in the world owed the United
States billions of dollars? How could there have ever been a claim against our
gold, $13.8 billions over the gold owed the U.S., by the allied nations and
the defeated Germany and Japan? Is the U.S. government covering up the
theft of U.S. gold by misinforming the public?
The answer can be found in a book entitled From Major Jordan’s Diaries,
by George Racey Jordan. There are several other sources which all agree upon
basic facts. Major Jordan recounts in his diary that during a farewell talk
with Russian Colonel Kotikov he was told that a “money plane” had crashed
in Siberia and had to be replaced. Kotikov explained that the U.S. Treasury
was shipping engraving plates, ink, paper, and other materials to Russia so
that they could print the same occupation money for Germans as the United
States was printing.
Colonel Kotikov insisted the equipment had been shipped through Great
Falls, Montana, in May of 1944 in two shipments in five C-47s each. The
shipments had been arranged on the highest level in Washington and the
planes had been loaded at the Washington National Airport.
Years later a Senate investigation into the scandal found and confirmed
the fact that in spite of widespread protests and warnings, Harry Hopkins,
Secretary of the Treasury Henry Morgenthau, U.S. Ambassador to Russia
Averell Harriman and Assistant Secretary of the Treasury Harry Dexter White
were able to exert enough pressure to see that Russia got the plates. Later
White was exposed as a Russian agent.
Official records show that the photographic plates and all the materials
necessary for making high quality plates and high quality reproductions were
shipped from Washington, D.C., on May 24, 1944. A second shipment to
164 Fruit from a Poisonous Tree
replace the equipment “lost” in the alleged crash was sent on June 7, 1944.
The Red army set up shop in a former Nazi printing plant in Leipzig and
started the presses rolling and rolling and rolling.
The Russians insisted upon printing the occupation currency in their
own territory where there could be no accountability. They knew that the
U.S. Army would convert such currency into dollars. As a result every
Russian printed occupation Mark that fell into the hands of an American
soldier or accredited civilian became a potential charge against the Treasury
of the United States. The Russians paid their own occupation forces with
these Marks, adding a two-year bonus for good measure.
The American taxpayer footed the bill. By using the occupation currency
which cost them nothing, the Russians snapped up anything of value left
in the German economy. When they could get purchases out of America,
that was even better. By December 1946, the U.S. Military government
found itself $250,000,000 or more in the red. It had redeemed in dollars at
least 2,500,000,000 Marks in excess of the total Marks issued by its Finance
Office. The deficit could have had no other origin than the Russian plant in
Leipzig, Germany.
Harry Dexter White, Assistant Secretary of the Treasury, conspired with
the Russians to give them the plates, ink, paper, formulas, and the correct
serial numbers needed for Russia to print U.S. currency that could be
redeemed in gold. This could not have been done without the full knowledge
and approval of Secretary of the Treasury Morgenthau.
Morgenthau and White then traitorously sent five planeloads of money
plates, paper and ink to Russia for the printing of $5,000 and $10,000 Federal
Reserve Notes, which could be redeemed in gold. It is the responsibility of
the Federal Reserve System to secure the plates. When I asked the Treasury
Department to advise me of the whereabouts of those plates they replied,
“We do not know.”
The United States Treasury Department and the Federal Reserve are very
sensitive, even threatening, on this issue. This information proves beyond any
shadow of a doubt that Senator Joseph McCarthy was absolutely right about
the infiltration and takeover of the United States government by communist
agents.
When these bills printed in Russia were spent into circulation in foreign
countries or used in trade, the result was an equivalent value of gold directly
transferred from Fort Knox to an overseas destination. Over a period of
years, the Treasury was emptied of its gold. The bills that reached the Federal
Reserve or the Treasury Department were destroyed. The bills that fell into
the hands of the American public and eventually the vaults of collectors have
revealed the greatest gold theft in the history of the world.
Mel Stamper 165
The proof may be found in the statistics of the U.S. Treasury. Check
the Woods-Mellon, large letter in seal, denoting bank of issue, $5,000
Federal Reserve Notes, Series 1928. The record shows that for the Federal
Reserve Bank in Boston, only 960 were printed, with the first note delivered
on November 19th, 1929, and the last note delivered on July 26th, 1933.
Mysteriously in 1977, the record shows that there are 1,320 of these notes
known to exist. The record shows the same notes were printed at the Federal
Reserve Bank in San Francisco in the number of 1,224 with the first note
delivered on November 19th, 1929, and the last note delivered on July 23rd,
1930. Mysteriously in 1977 the record shows that there are 51,300 notes
known to exist.
If you check the Julian-Morgenthau letter in seal, $10,000 Federal
Reserve Notes, Series 1934, the record shows that the five Federal Reserve
Banks in Cleveland, Richmond, Atlanta, Kansas City, and Dallas were never
issued plates for these notes. No notes were printed and none were delivered.
Mysteriously in 1977 the record shows that 1,480 exist from Cleveland,
1,200 exist from Richmond, 2,400 exist from Atlanta, 1,200 exist from
Kansas City, and 1,200 exist from Dallas.
I have included the documentation the Treasury does not want you to
see. Compare for yourself the number of notes authorized and the number
of notes that were actually printed and redeemed in gold. Then you tell me
whether the International Bankers and the Russians robbed Fort Knox in
their plan to enslave the American people.
166 Fruit from a Poisonous Tree
I believe this Public Law was used to hide the statistics that would have
revealed the transactions of foreign countries or corporations, including
banks, which redeemed the notes for gold. The fact that this law was passed
years before the transfer of printing technology to the Russians is of little
significance, as the plans for the destruction of America’s monetary system
have been long in existence, at least since 1910, as evidenced by the banking
collapse of 1933. Public Laws §11-13 Jan. 27, 29, 1938, Feb. 3, 1938 (52
§.]) (Chapter 11)
The money that was printed in Russia and laundered through the U.S.
Army and the international banking circles was used to purchase technology.
It funded the communist agenda in third world nations, financed wars of
liberation, and promoted the cause of international socialism. This drained
the U.S. Gold reserves, weakened the United States of America, and placed
you and your future generations into perpetual bankruptcy and servitude.
Mel Stamper 169
The Secretary of the Treasury holds the following positions, and at the
same time he serves as the Secretary of the Treasury:
• U.S. Governor of the International Monetary Fund
• U.S. Governor of the International Bank for Reconstruction and
Development
• U.S. Governor of the Inter-American Development Bank
• U.S. Governor of the African Development Bank
• U.S. Governor of the Asian Development Bank
• U.S. Governor of the African Development Fund
• U.S. Governor of the European Bank for Reconstruction and
Development.
The Secretary of the Treasury received a salary from each of these
organizations, which literally makes him an unregistered agent of several
foreign powers, as are any personnel that serve under him. This includes the
Internal Revenue Service.
A BETRAYAL OF TRUST
171
172 Fruit from a Poisonous Tree
What is a Land Patent and Allodial Title? What is it and how does it affect
my life or that of my children?
Essentially, a Land Patent is the first conveyance of title ownership
to land, which the U.S. Government grants a citizen who applies for
one. One of the earliest laws for granting Land Patents was passed
by Congress on April 24, 1820. Among other things, Congress set
up Government Land offices, now known as the Bureau of Land
Management. Land was usually sold in parcels of 160 acres for $1.25
per acre. The law in 1820 prohibited the borrowing or use of “credit”
for the purchase of government land. In the debates in Congress prior
to passage of this act, Senator King of New York said on March 1820:
“...it was calculated to plant in the new country a population of
independent unembarrassed freeholder, …that it would place in every man,
the Power to Purchase a freehold the price of which could be cleared in 3
years, ...that it would cut up speculation and monopoly, that it would prevent
the accumulation of alarming debt which experience proved never would and
never could be paid.”
Later on, in 1862, a Homestead Act stated in Section 4: “That no lands
acquired under the provisions of this act shall in any event become liable to
the satisfaction of any debt or debts contracted prior to the issuing of the
patent therefor.”
It can be clearly seen that the intent of these early lawmakers was for
the people of this country to be FREEMEN AND FREEHOLDERS of
their land, never to be subject to nor to have it taken from them by any
government, feudal authority or banker, or any other party who might have a
claim against the person who owned the land.
In plain English, a Land Patent, which gave you an allodial freehold, was
“judgment proof ” and, yes, even immune from tax liens. In effect, the only
authority over you or your land was GOD himself. In England, a man who
owned free from authority of the king was known as a freeholder and his land
was called a freehold or allodial freehold. Most land patents in the U.S. were
issued prior to 1900. However, even today, new land patents continue to be
issued, mostly for gas, oil and mineral rights on public lands. For this reason,
there are several land offices that remain open in the United States.
Mel Stamper 173
MEMORANDUM OF LAW
ON ALLODIAL v. FEUDAL TITLES
with the King’s title. The land always remained Allodial, in favor of the King.
(Gilsbert of Mons, Chronique, Ch. 43, p. 75 [ed. Vanderkindere])
Thus, it is relatively easy to deduce that Allodial lands and titles are
the highest form of lands and titles known to Common Law. An estate of
inheritance without condition, belonging to the owner and alienable by
him, transmissible to his heirs absolutely and simply, is an absolute estate
in perpetuity and the largest possible estate a man can have, being in fact
Allodial in its nature. Stanton v Sullivan, 63 R.I. 216, 7 A. 696 (1839) “The
original meaning of a perpetuity is an inalienable, indestructible interest.”
Bouvier’s Law Dictionary, Volume 111, p. 2570 (1914)
The King had such a title in land. As such, during the classical feudalistic
period of common-law England, the King answered to no one concerning
the land. Allodial titles, being held by sovereigns, and being full and complete
titles, allowed the King of England to own and control the entire country in
the form of one large estate belonging to the Crown. Allodial estates owned
by individuals exercising full and complete ownership on the other hand
existed only to a limited extent in the County of Kent.
In summary of Common-Law England:
1. The King was the only person (sovereign) to hold complete and full
title to a land (Allodial title).
2. The people who maintained estates of land (either called manors or
fiefs) held title by fee simple absolute.
3. This fee simple absolute provided the means by which the supposed
owner could devise, alienate, or pass by inheritance the estates of land (manors
or fiefs).
4. This fee simple absolute in feudal England, being not the full title, did
not protect the “owner” if the King found disfavor with the “owner.”
5. The “owner” therefore had to pay a type of homage to the King or a
higher baron each year to discharge the obligation of his fief.
6. This homage of his fief could take the form of a revenue or tax, an
amount of grain, or a set and permanent amount of money.
7. Therefore, as long as the “owner” of the fief in fee simple absolute
paid homage to the king or sovereign who held the entire country under an
Allodial title, then the “owner” could remain on the property with full rights
to sell, devise or pass it by inheritance as if the property was really his.
Mel Stamper 177
land, the system of land ownership America originally operated under, and
even all three combined can not convey this absolute type of ownership.
What then is the function of these three instruments that are used in
land conveyances and what type of title do the three convey?
Since the abstract only traces the title and the title insurance only insures
the title, the most important and, therefore, the first group examined are
the deeds that purportedly convey the fee from seller to purchaser. These
deeds include: warranty deed, quit claim deed, sheriff ’s deed, trustee’s deed,
judicial deed, tax deed, wig or any other instrument that purportedly conveys
the title. Each of these documents state that it conveys the ownership to the
land. Each of these, however, is actually a color of title. (G. Thompson, Title
to Real Property, Preparation and Examination of Abstracts, Ch. 3, Section 73,
p.93 [1919])
A color of title is that which in appearance is title, but which in reality is
not title. Wright v Mattison, 18 How. (U.S.) 50 (1855) In fact, any instrument
may constitute color of title when it purports to convey the title of the land,
as well the land itself, although it is void as a muniment of title. Joplin Brewing
Co. v Payne, 197 No. 422, 94 S.W. 896 (1906)
The Supreme Court of Missouri has stated “…that when we say a person
has a color of title, whatever may be the meaning of the phrase, we express
the idea, at least, that some act has been previously done... by which some
title, good or bad, to a parcel of land of definite extent had been conveyed to
him.” St. Louis v German, 29 Mo. 593 (1860)
In other words, a color of title is an appearance or apparent title, and
“image” of the true title, hence the phrase “color of,” which, when coupled
with possession, purports to convey the ownership of the land to the purchaser.
This however does not say that the color of title is the actual and true title
itself, nor does it say that the color of title itself actually conveys ownership.
In fact, the claimant or holder of a color of title is not even required to trace
the title through the chain down to his instrument. Rawson v Fox, 65 111.
200 (1872)
Rather it may be said that a color of title is prima facie evidence of
ownership of and rights to possession of land until such time as that
presumption of ownership is disproved by a better title or the actual title
itself. If such cannot he proven to the contrary, then ownership of the land is
assumed to have passed to the occupier of the land. To further strengthen a
color title-holder’s position, courts have held that the good faith of the holder
to a color of title is presumed in the absence of evidence to the contrary.
David v Hall, 92 R. 1. 85 (1879); see also Morrison v Norman, 47 Ill. 477
(1868); and McConnell v Street, 17 Ill. 253 (1855) With such knowledge
Mel Stamper 179
v. Bruyn, 35 Ill. 392 (1864); McCagg v Heacock, 34 Ill. 476 (1864); Bride v
Watt, 23 Ill. 507 (1860); and Woodward v Blanchard, 16 Ill. 424 (1855).
All of the above cases being still valid and none being overruled, in effect
the statements in these cases are settled law. All of the documents described in
these cases are the main avenues of claimed land ownership in America today,
yet none actually conveys the true and Allodial title. They in fact convey
something quite different.
When it is stated that a color of title conveys only an appearance
of or apparent title, such a statement is correct but perhaps too vague to be
properly understood in its correct legal context. What are useful are the more
pragmatic statements concerning titles. A title or color of title, in order to be
effective in transferring the ownership or purported ownership of the land,
must be a marketable or merchantable title.
A marketable or merchantable title is one that is reasonably free from
doubt. Austin v Bamum, 52 Minn. 136 (1892). This title must be as
reasonably free from doubts as necessary to not affect the marketability or
salability of the property, and must be a title a reasonably prudent person
would be willing to accept. Robert v McFadden, 32 Tex. Civ. App. 471 74
S.W. 105 (1903). Such a title is often described as one which would ensure
to the purchaser a peaceful enjoyment of the property, Barnard v Brown, 112
Mich. 452, 70 N.W. 1038 (1897), and it is stated that such a title must be
obvious, evident, apparent, certain, sure or indubitable. Ormsby v Graham,
123 La. 202, 98 N.W. 724 (1904).
Marketable Title Acts, which have been adopted in several of the states,
generally do not lend themselves to an interpretation that they might
operate to provide a new foundation of title based upon a stray, accidental,
or interloping conveyance. Their object is to provide, for the recorded fee
simple ownership, an exemption from the burdens of old conditions which
at each transfer of the property interfere with its marketability. Wichelman v
Messner, 83 N.W. 2d 800 (1957) What each of these legal statements in the
various factual situations say is that the color of title is never described as the
absolute or actual title. Rather, each says that it is one of the types of titles
necessary to convey ownership or apparent ownership.
A marketable title, which a color of title must be in order to be effective,
must be a title that is good of recent record, even if it may not be the actual
title in fact. Close v Stuyvesant, 132 Ill. 607, 24 N.E. 868 (1890) “Authorities
hold that to render a title marketable it is only necessary that it shall be free
from reasonable doubt; in other words, that a purchaser is not entitled to
demand a title absolutely free from every possible suspicion.” Cummings v
Dolan, 52 Wash. 496, 100 P. 989 (1909) The record being spoken of here is
the title abstract and all documentary evidence pertaining to it. It is an axiom
Mel Stamper 181
of hornbook law that a purchaser has notice only of recorded instruments that
are within his “chain of title.” I. R. Patton & C. Patton, Patton on Land Title,
Section 69, at 230-233. (2nd ed. 1957); Sabo v Horvath, 559 P. 2d 1038,
1043 (Ak.1976). Title insurance then guarantees that a title is marketable,
not absolutely free from doubt.
Thus, under the color or title system used most often in this country
today, no individual operating has the absolute or allodial title. All that is
really necessary to have a valid title is to have a relatively clean abstract with
a recognizable color of title as the operative marketable title within the chain
of title.
It therefore becomes necessarily difficult, if not impossible after a number
of years, considering the inevitable contingencies that must arise and the title
disputes that will occur, to ever properly guarantee an absolute title. This is
not necessarily the fault of the seller, but it is the fault of the legal and real
estate systems for allowing such a diluted form of title to be controlling in an
area where it is imperative to have the absolute title. In order to correct this
problem, it is important to return to those documents that the early leaders
of the nation created to properly ensure that property remained one of the
unalienable rights that the newly established sovereign freeholders could rely
on to always exist.
This correction must be in the form of restricting or perhaps eliminating
the widespread use of a marketable title and returning to the absolute title.
Other problems have developed because of the use of a color of title system
for the conveyance of land. These problems arise in the area of terminology
that succeeds only in confusing and clouding the title to an even greater extent
than merely using terms like marketability, salability or merchantability.
When a person must also determine whether a title is complete, perfect, good
and clear, or whether it is a bad, defective, imperfect and doubtful, there is
any obvious possibility of destroying a chain of title because of an inability to
recognize what is acceptable to a reasonable purchaser.
A complete title means that a person has possession, the right of
possession and the right of property. Dingey v Paxton, 60 Miss. 1038 (1883)
and Ehle v Quackenboss, 6 Hill (N.Y.) 537 (1844). A perfect title is exactly
the same as a complete title. Donovan v Pitcher, 53 Ala. 411 (1875) and
Converse v Kellogg, 7 Barb. (N. Y.) 590 (1850). Each simply means the type of
title that a well-informed, reasonable and prudent person would be willing to
accept when paying full value for the property. Birge v Beck, 44 Mo. App. 69
(1890). In other words, a complete or perfect title is, in reality, a marketable
or merchantable title and is usually represented by a color of title.
A good title does not necessarily mean one perfect of record but
one which consists of both rightful ownership and rightful possession
182 Fruit from a Poisonous Tree
of the property. Bloch v Ryan, 4 App. Cas 283 (1894). It means a title
free from litigation, palpable defects and grave doubts consisting of
both legal and equitable titles and fairly deducible of record. Reynolds v
Borel, 86 Cal. 538, 25 P. 67 (1890).
“A good title means not merely a title valid in fact, but a marketable
title, which can again be sold to a reasonable purchaser or mortgaged
to a person of reasonable prudence as security for a loan of money.”
Moore v Williams, 115 N.Y. 586, 22 N.E. 253 (1889)
A clear title means there are no encumbrances on the land. Roberts v
Bassett, 105 Mass. 409 (1870). Thus when contracting to convey land, the
use of the phrase “good and clear title” is surplusage, since the terms good
title and clear title are in fact synonymous. Oakley v Cook, 41 N.J. Eq. 350,
7 A.2d 495 (1886).
The terms “good title” and “clear title,” just like the terms “complete
title” and “perfect title,” describe nothing more than a marketable title
or merchantable title, and as stated above, each can and almost always is
represented in a transaction by a color of title. None of these types of title
purports to be the absolute, or allodial title, and none of them are that type
of title. None of these actually claims to be a fee simple absolute, and since
these types of titles are almost always represented by a color of title, none
represents that it passes the actual title. Each one does state that it passes what
can be described as a title good enough to avoid the necessity of litigation to
determine who actually has the title. If such litigation to determine titles is
necessary, then the title has crossed the boundaries of usefulness and entered
a different category of title descriptions and names.
This new category consists of titles that are bad, defective, imperfect
or doubtful. A bad title conveys no property to the purchaser of the estate.
Heller v Cohen, 15 Misc. 378, 36 N.Y.S. 668 (1895). A title is defective when
the party claiming to own the land has not the whole title, but some other
person has title to a part or portion of it. Such a title is the same as no title
whatsoever. Place v People, 192 Ill. 160, 61 N.E. (1901); see also Cospertini
v Oppermann, 76 Cal. 181, 18 P. 256 (1888). Imperfect title is one where
something remains to be done by the granting power to pass the title to the
land. Raschel v Perez, 7 Tex. 348 (1851). A doubtful title is also one which
conveys no property to the purchaser of the estate. Heller v Cohen, 15 Misc.
378, 36 N.Y.S. 668 (1895). Every title is described as doubtful which invites
or exposes the party holding it to litigation. Herman v Somers, 158 PA.ST.
424, 27 A. 1050 (1893)
Each of these types of titles describes exactly the same idea stated in
many different ways: that because of some problem, defect, or question
Mel Stamper 183
surrounding the title, no title can be conveyed since no title exists. Yet in
all of these situations, some type of color of title was used as the operative
instrument. What then makes one color of title complete, good or clear in
one situation, and in another situation the same type of color of title can be
described as bad, defective, imperfect or doubtful?
What is necessary to make a good title of what might otherwise be a
doubtful title is the belief of others in the community, whether or not properly
justified, that the title is a good one that they would be willing to purchase.
Moore v Williams, 115 N.Y. 586, 22 N.E. 253 (1889) The methods presently
used to determine whether a title or color of title is good enough to not be
doubtful are the other two-thirds of the three possible requirements for the
conveyance of a good or complete (marketable) title.
These two methods of properly ensuring that a title is a good or complete
title are title abstracts, the complete documentary evidence of title, and title
insurance. The legal title to land, based on a color of title, is made up of a
series of documents that are required to be executed with the solemnities
prescribed by law, and of facts not evidenced by documents which show the
claimant a person to whom the law gives the estate.
Documentary evidences of title consist of voluntary grants by the
sovereign, deeds of conveyances and wills by individuals, conveyances by
statutory or judicial permission, deeds made in connection with the sale of
land for delinquent taxes, proceedings under the power of eminent domain,
and deeds executed by ministerial or fiduciary officers. The land patent and
the colors of title represent these documentary evidences. (I.G. Thompson,
Commentaries on the Modem Law of Real Property, pp. 99-100 [5th ed.
1980])
In compiling the abstract the abstractor must use these instruments,
relied upon to evidence the title, coupled with the outward assertive acts
that import dominion, and the attorney must examine to determine the true
status of the title. The abstract is the recorded history of the land and the
various types of titles, mortgages and other liens, claims and interests that
have been placed on the property. The abstract can determine the number
of times the patent has been re-declared, who owns the mineral rights, what
color of title is operable at any particular point in time, and what lien holder
is in first position, but it does not convey or even attempt to convey any form
of the title itself.
As Thompson has stated, when operating with colors of title, it is
necessary to have an abstract to determine the status of the operable title and
to determine whether that title is good or doubtful. If the title is deemed to be
good after this lengthy process, then the property may be transferred without
doing anything more, since it is assumed that the seller was the owner of the
184 Fruit from a Poisonous Tree
property. This is not to say emphatically that the seller is the paramount or
absolute owner. This does not even completely guarantee against any adverse
claimants that he is the owner of the land. It is not even that difficult to claim
that the title holder has a good title due to the leniency and attitude now
evidenced by the judicial authorities toward maintaining a stable and uniform
system of land ownership, whether or not that ownership is justified. This,
however, does not explain the purpose and goal of a title abstract.
An abstract that has been properly brought up simply states that it is
presumed that the seller is the owner of the land, making the title marketable
and guaranteeing that he has a good title to sell. This is all an abstract can
legally do since it is not the title itself and it does not state that the owner has
an absolute title. Therefore, the abstract cannot guarantee unquestionably that
the owner holds the title. All of this rhetoric is necessary if the title is good; if
there is some question concerning the title without making it defective, then
the owner must turn to the last of the three alternatives to help pass a good
title – title insurance. (G. Thompson, Title to Real Property, Preparation and
Examination of Abstracts, Ch.111, Section 79r pp. 99-100 [1919]) To ensure
the validity of the title against any defects, title insurance companies issue title
insurance against any encumbrances affecting the designated property and to
protect the purchaser against any losses he may sustain from any subsequent
determination that his title is actually unmarketable.
Title insurance extends to any defects of title. It protects against the
existence of any encumbrances, provided only that a court of competent
jurisdiction shall pronounce any judgments adverse to the title. It is not even
necessary that a defect actually exist when the insurance policy was issued,
but simply that there exists at the time of issuance of the policy an inchoate
or potential defect which is rendered operative and substantial by some
subsequent event. Since all one normally has is a color of title, the longer
a title traverses history, the greater the possibility that the title will become
defective.
The greater the need for insurance simply to keep the title marketable,
the easier it is to determine that the title possessed is not the true, paramount
and absolute title. If a person had the paramount title, there would be no need
for title insurance, though an abstract might be useful for record keeping and
historical purposes. Title insurance and abstract record keeping are useful,
primarily because of extensive reliance on colors of title as the operative title
for a piece of property.
This then supplies the necessary information concerning colors of title,
title abstracts, and title insurance. This does not describe the relationship
between the landowner and the government. As was stated in the introduction,
Mel Stamper 185
in feudal England the King had the power, right and authority to take a
person’s land away from him if and when the King felt it necessary.
The question is whether most of the American system of land ownership
and titles is in reality any different and whether therefore the American-based
system of ownership is in reality nothing more than a feudal system of land
ownership.
Land ownership in America presently is founded on colors of title,
and though people believe they are the complete and total owners of their
property, under a color of title system, this is far from the truth. When people
state that they are free and own their land, in fact they own it exactly to the
extent the English barons owned their land in common-law England: they
own their land so long as some “sovereign” – the government or a creditor
– states that they can own their land. If one recalls from the beginning of
this memorandum, if the King felt it justified, he could take land from one
person and give it to another prospective baron.
Today in American color-of-title property law, if the landowner does
not pay income tax, estate tax, property tax, mortgages or even a security
note on personal property, then the “sovereign” – the government or the
creditor – can justify the taking of the property, then the sale of that same
property to another prospective “baron,” while leaving the owner with only
limited defenses to such actions. The only real difference between this and
common-law England is that now others besides the King can profit from the
unwillingness or inability of the “landowner” to perform the socage or tenure
required of every landowner of America.
No one is completely safe or protected on his property; no one can afford
to make one mistake or the consequences will be forfeiture of the property. If
this were what the people in the mid-1700s wanted, there would have been
no need to have an American Revolution, since the taxes were secondary to
having a sound monetary system and complete ownership of the land.
Why fight a Revolutionary War to escape sovereign control and virtual
dictatorship over the land, when in the 2000s these exact problems are
prevalent, with this one exception: private (fiat) tender now changes hands in
order to give validity to the eventual and continuous takeover of the property
between the parties?
This is hardly what the forefathers planned when creating the United
States Constitution. What they did strive for is the next segment of the
memorandum of law: allodial ownership of the land via the land patent. The
next segment will analyze the history of this type of title so that the patent
can be properly understood, making it possible to comprehend the patent’s
true role in property law today.
186 Fruit from a Poisonous Tree
rights, not all of which the common man would possess. The result of this
pressure at Runnymede became known as the Magna Charta (1215).
The Magna Charta was the basis of modern common law – a series
of judicial decisions and royal decrees interpreting and following that
document. The Magna Charta protected the basic rights that gave all people
more freedom and power, rights that would slowly erode. Among these rights
was a particular section dealing with ownership of the land. The barons still
recognized the king as the lord paramount, but the barons wanted some of
the rights their ancestors had had prior to A.D. 1066. (F. Goodwin, Treatise
on The Law of Real Property, Ch. 1, p. 3 [1905])
Under this theory, as the visible owners, the barons would have several
rights and powers over the land that had not existed in England for 150
years. The most important section, § 62, gave the most powerful barons
letters of patent, raising their land ownership close to the level found in the
County of Kent. Other sections – 10, 11, 26, 27, 37, 43, 52, 56, 57, and 61
– were written to protect the right to “own” property, to illustrate how debts
affected this fight to own property, and to secure the return of property that
was unjustly taken. All of these paragraphs were written with the single goal
of protecting the “landowner,” helping him to retain possession of his land,
acquired in the service of the King, from unjust seizures or improper debts.
The barons attempted these goals with the intention of securing property to
pass to their heirs.
Unfortunately goals are often not attained. Having re-pledged their
loyalty to King John, the barons quickly disbanded their armies. King John
died in 1216, one year after signing the Magna Charta. The new king did
not wish to grant the privileges found in that document. When the barons
who had forced the signing of the Magna Charta died, the driving force
that created this great charter died with them. The Magna Charta may
have still been alive, but the new kings had no armies at their door forcing
them to follow policies, and the charter was to a great extent forced to lie
dormant. Perhaps the barons who had received the letters of patent and
other landholders should have enforced their rights, but their heirs were
not in a position to do so and eventually the fiefs contained in the charter
were forgotten. Increasingly, until the mid-1600s, the king’s power waxed,
abruptly ending with the execution of Charles I in 1649. By then, however,
the original intent of the Magna Charta was in part lost and the descendants
of the original barons never required property protected, free land ownership.
To a great extent to this day, the freehold lands in England are still held upon
the feudal tenures.
This lack of complete ownership in the land, as well as the most publicized
search for religious freedom, drove the more adventurous Europeans to
188 Fruit from a Poisonous Tree
establish this constitution.’ Here we see the people acting as sovereigns of the
whole country; and in the language of sovereignty, establishing a constitution
by which it was their will, that the state governments should be bound, and
to which the state constitutions should be made to conform. …It will be
sufficient to observe briefly, that the sovereignties in Europe, and particularly
in England, exist on feudal principles. That system considers the Prince as
the sovereign, and the people his subjects; it regards his person as the object
of allegiance, and excludes the idea of his being on an equal footing with a
subject, either in a Court of Justice or elsewhere. That system contemplates
him as being the fountain of honor and authority; and from his grace and
grant derives all franchises, immunities and privileges; it is easy to perceive
that such a sovereign could not be amenable to a Court of Justice, or subjected
to judicial control and actual constraint….
“The same feudal ideas run through all their jurisprudence, and
constantly remind us of the distinction between the prince and the subject.
No such ideas obtain here: at the revolution, the sovereignty devolved on
the people; and they are truly the sovereigns of the country, but they are
sovereigns without subjects and have none to govern but themselves; the
citizens of America are equal as fellow-citizens, and as joint tenants in the
sovereignty. From the differences existing between feudal sovereignties and
governments founded on compacts, it necessarily follows that their respective
prerogatives must differ. Sovereignty is the fight to govern; a nation or state
sovereign is the person or persons in whom that resides. In Europe, the
sovereignty is generally ascribed to the prince; here it rests with the people;
there, the sovereign actually administers the government; here, never in
a single instance; our governors are the agents of the people, and at most
stand in the same relation to their sovereigns, in which the regents of Europe
stand to their sovereigns. Their princes have personal powers, dignities, and
pre-eminences, our rules have none but official; nor do they partake in the
sovereignty otherwise, or in any other capacity, than as private citizens.”
The Americans had a choice as to how they wanted their new government
and country to be formed. Having broken away from English sovereignty
and establishing themselves as their own sovereigns, they had their choice
of types of taxation, freedom of religion and, equally important, ownership
of land. The American founding fathers chose allodial ownership of land.
In the opinion of Judge Kent, the question of tenure as an incident to the
ownership of lands “has become wholly immaterial in this country, where
every vestige of tenure has been annihilated. At the present day there is little,
if any, trace of the feudal tenures remaining in the American law of property.
Lands in this country are now held to be absolutely Allodial.”
190 Fruit from a Poisonous Tree
This fee simple estate means an absolute estate in lands wholly unqualmed
by any reservation, reversion, condition or limitation, or possibility of any
such thing present or future, precedent or subsequent. Id.; Wichel’man v
Messner, 83 N.W. 2d 800, 806 (1957) It is the most extensive estate and
interest one may possess in real property where an estate subject to an option
is not in fee. In Bradford v Martin, [28] 201 N.W. 574 (1925), the Iowa
Supreme Court went into a lengthy discussion on what the terms “fee simple”
and “allodium” mean in American property law. The Court stated:
“The word ‘absolutely’ in law has a varied meaning, but when
unqualifiedly used with reference to titles or interest in land, its meaning is
fairly well settled. Originally the two titles most discussed were ‘fee simple’
and ‘allodium.’” (Which meant absolute.) See Bouvier’s Law Dictionary.
(Rawle Ed.) 134; Wallace v Harmstead, 44 Pa. 492; McCartee v Orphan’s
Asylum, 9 Cow. (N.Y.) 437, 18 Am. Dec. 516.
Prior to Blackstone’s time the allodial title was ordinarily called an
“absolute title.” An allodial title was superior to a “fee simple title,” the latter
being encumbered with feudal clogs, which were laid upon the first feudatory
when it was granted, making it possible for the holder of a fee-simple title to
lose his land in the event he failed to observe his feudatory oath. The allodial
title was not so encumbered. Later, however, the term “fee simple” rose to
the dignity of the allodial or absolute estate, and since the days of Blackstone
the words of “absolute” and “fee simple” seem to have been generally used
interchangeably; in fact, he so uses them.
The basis of English land law is the ownership of the realty by the
sovereign: from the crown all titles flow. People v. Richardson, 269 M. 275,
109 N.E. 1033 (1914); see also Matthew v. Ward, 10 Gill & J (Md.) 443
(1844) McConnell v. Wilcox, I Seam. (IR.) 344 (1837), stated it this way:
“From what source does the title to the land derived from a government
spring? In arbitrary governments, from the supreme head, be he the emperor,
king, or potentate, or by whatever name he is known. In a republic, from
the law, making or authorizing to be made the grant or sale. In the first case,
the party looks alone to his letters patent; in the second, to the law and the
evidence of the acts necessary to be done under the law, to a perfection of
his grant, donation or purchase. The law alone must be the fountain from
whence the authority is drawn; and there can be no other source.”
The American people, newly established sovereigns in this republic
after the victory achieved during the Revolutionary War, became complete
owners in their land, beholden to no lord or superior; sovereign freeholders in
the land themselves. These freeholders in the original thirteen states now held
allodial the land they possessed before the war only feudally. This new and
more powerful title protected the sovereigns from unwarranted intrusions or
192 Fruit from a Poisonous Tree
officially a government for another one and a half years, held discussions on
the possible creation of documents that would pass the title of lands from the
new government to the people. The first patents were created and ratified in
these discussions, making the old land-bloc or land-allodial charters of the
Saxon nobles, 750 years earlier, and the letters patent of the Magna Charta,
guidelines by which the land would pass to the sovereign freeholders of
America. Id., July 2, 1788, pp.77-286.
As part of the method by which the new United States decided to dispose
of its territories, it created in the Constitution an article, section, and clause
that specifically dealt with such disposal. Article IV, Section 111, Clause 11,
states in part, “The Congress shall have Power to dispose of and make all
needful Rules and Regulations respecting the Territory or other property
belonging to the United States.”
Thus, Congress was given the power to create a vehicle to divest the
Federal Government of all its right and interest in the land. This vehicle,
known as the land patent, was to forever divest the federal government of its
land and place such total ownership in the hands of the sovereign freeholders
who collectively created the government.
The members of Constitutional Congress ratified the land patents issued
prior to the initial date of recognition of the United States Constitution.
Those patents created by statute after March 1789 had only the power of the
statutes and the Congressional intent behind such statutes as a reference and
basis for the determination of their powers and operational effect originally
and in the American system of land ownership today.
There have been dozens of statutes enacted pursuant to Article IV, §III,
Clause II. Some of these statutes had very specific intents of aiding soldiers
of wars, or dividing lands in a very small region of one state, but all had the
main goal of creating in the sovereigns, freeholders on their lands, beholden
to no lord or superior. Some of the statutes include:
12 Stat 392, 37th Congress, Sess. 11, Ch. 75, (1862) (the Homestead
Act); 9 Stat. 520, 3 1st Congress, Sess. 1, Ch. 85 (1850) Military Bounty
Service Act); 8 Stat. 123, 29th Congress, Sess. 11, Ch. 8, (1847) (Act to raise
additional military force and for other purposes); 5 Stat 444, 21st Congress,
Sess. 11, Ch. 30 (1831); 4 Stat 51, 18th Congress, Sess. 1, Ch. 174 (1824);
5 Stat 52, 18th Congress, Sess. 1, Ch. 173 (1824); 5 Stat 56, 18th Congress,
Sess. 1, Ch. 172, (1824); 3 Stat. 566, 16th Congress, Sess. 1, Ch. 51, (1820)
(the major land patent statute enacted to dispose of lands); 2 Stat 748, 12th
Congress, Sess. 1. Ch. 99 (1812); 2 Stat. 728, 12th Congress, Sess. 1, Ch.
77, (1812); 2 Stat. 716, 12th Congress, Sess. 1, Ch. 68, (1812) (the act
establishing the General Land-Office in the Department of Treasury); 2 Stat
Mel Stamper 195
590, 11th Congress, Sess. U, Ch. 3.5,(1810);2 Stat 437, 9th Congress, Sess.
H, Ch. 34, (1807); and 2 Stat 437, 9th Congress, Sess. H, Ch. 31, (1807).
These, of course, are only a few of the statutes enacted to dispose of
public lands to the sovereigns. One of these acts, however, was the main
patent statute in reference to the intent Congress had when creating the
patents. That statute is 3 Stat 566.
In order to understand the validity of a patent in today’s property law, it
is necessary to turn to other sources than the acts themselves. These sources
include the congressional debates and case law citing such debates. For the
best answer to this question, it is necessary to turn to the Abridgment of the
Debates of Congress, Monday, March 6, 1820, in the Senate, considering
the topic “The Public Lands.” This abridgment and the actual debates found
within it concern one of the most important of the land patent statutes, 3
Stat 566, 16th Congress, Sess. 1. Ch. 51, Stat. 1, (April 24, 1820).
In this important debate, the reason for such a particular act in general
and the protection afforded by the patent in particular were discussed. As
Senator Edwards states,
“It is not my purpose to discuss, at length, the merits of the proposed
change. I will, at present, content myself with an effort merely to shield the
present settlers upon public lands from merciless speculators, whose cupidity
and avarice would unquestionably be tempted by the improvements which
those settlers have made with the sweat of their brows, and to which they
have been encouraged by the conduct of the government itself, for though
they might be considered as embraced by the letter of the law which provides
against intrusion on public lands, yet, that their case has not been considered
by the Government as within the mischief ’s intended to be prevented is
manifest, not only from the forbearance to enforce the law, but from the
positive rewards which others, in their situation, have received, by the
several laws which have heretofore been granted to them by the same right if
preemption which I now wish extended to the present settlers.”
Further, Senator King from New York considered the change as highly
favorable to the poor man, and he argued at some length that it was calculated
to plant in the new country a population of independent, unembarrassed
freeholders; that it would cut up speculation and monopoly; that the money
paid for the lands would be carried from the State or country from which
the purchaser should remove; that it would prevent the accumulation of an
alarming debt, which experience proved never would and never could be
paid.
In other statutes, the Court recognized much of these same ideas.
In United States v. Reynes, 9 How. (U.S.) 127 (1850), the Supreme Court
stated:
196 Fruit from a Poisonous Tree
“We must look to the benefit character of the acts that created these
grants and patents and the peculiar objects they were intended to protect and
secure. A class of enterprising, hardy and valuable citizens has become the
pioneers in the settlement and improvement of the new and distant lands of
the government.” McConnell v· Wilcox, 1 Seam. (M.) 344, 367 (1837).
“In furtherance of what is deemed a wise policy, tending to encourage
settlement, and to develop the resources of the country, it invites the heads
of families to occupy small parcels of the public land.… To deny Congress
the power to make a valid and effective contract of this character…would
materially abridge its power of disposal, and seriously interfere with a favorite
policy of the government, which fosters measures tending to a distribution of
the lands to actual settlers at a nominal price.” Miller v. Little, 47 Cal. 348,
351(1874)
The legislative acts, the Statutes at Large, enacted to divest the United
States of its land and to sell that land to the true sovereigns of this republic,
had very distinct intents. Congress recognized that the average settler of this
nation would have little money. Therefore Congress built into the patent
and its corresponding act the understanding that these lands were to be
free from avarice and cupidity, free from the speculators who preyed on the
unsuspecting nation, and forever under the control and ownership of the
freeholder, who by the sweat of his brow made the land produce the food that
would feed himself and eventually the nation.
Even today, the intent of Congress is to maintain a cheap food supply
through the retention of the sovereign farmers on the land. United States v.
Kimball Foods, Inc., 440 U.S. 715 (1979); see also Curry v. Block, 541 F. Supp.
506 (1982). Originally the intent of Congress was to protect the sovereign
freeholders and create a permanent system of land ownership in the country.
Today, the intent of Congress is to retain the small family farm and utilize
the cheap production of these situations. It has been necessary to protect the
sovereign on his parcel of land, and ensure that he remain in that position.
The land patent and the patent acts were created to accomplish these goals.
In other words, the patent or title deed being regular in its form, the law will
not presume that such was obtained through fraud of the public right.
This principle is not merely an arbitrary rule of law established by
the courts; rather, it is a doctrine founded upon reason and the soundest
principles of public policy. It is one which has been adopted in the interest
of peace in the society and the permanent security of titles. Unless fraud is
shown, this rule is held to apply to patents executed by the public authorities.
State v. Hewitt Land Co., 134 P. 474,479 (1913)
It is therefore necessary to determine exact power and authority
contained in a patent. Legal titles to lands cannot be conveyed except in the
Mel Stamper 199
form provided by law. McGaffahan v. Mining Co., 96 U.S. 316 (1877) Legal
title to property is contingent upon the patent issuing from the government.
Sabo v. Horvath, 559 P.2d 1038, 1040 (Aka. 1976)
“That the patent carries the fee and is the best title known to a court of
law is the settled doctrine of this court.” Marshall v. Ladd, 7 Wall. (74 U.S.)
106 (1869) “A patent issued by the government of the United States is legal
and conclusive evidence of title to the land described therein. No equitable
interest, however strong, to land described in such a patent, can prevail at law,
against the patent” (Land Patents, Opinions of the United States Attorney
General’s office, [September, 1969])
“A patent is the highest evidence of title, and is conclusive against the
government and all claiming under junior patents or titles, until it is set aside
or annulled by some judicial tribunal.” Stone v. United States, 2 Wall. (67
U.S.) 765 (1865)
The patent is the instrument which, under the laws of Congress, passes
title from the United States, and the patent, when regular on its face, is
conclusive evidence of title in the patentee. When there is a confrontation
between two parties as to the superior legal title, the patent is conclusive
evidence of title in the patentee. When there is a confrontation between two
parties as to the superior legal title, the patent is conclusive evidence as to
ownership. Gibson v. Chouteau, 13 Wall. 912 (1871)
Congress having the sole power to declare the dignity and effect of its
titles has declared the patent to be the superior and conclusive evidence of
the legal title. Bagnefl v. Brodrick, 38 US 438 (1839)
“Issuance of a government patent granting title to land is the most
accredited type of conveyance known to our Law.” United States v. Creek
Nation, 295 US 103, 111 (1935); see also United States v. Cherokee Nation,
474 F.2d 628,634 91973). The patent is prima facie conclusive evidence of
the title. Marsh v. Brooks, 49 U.S. 223, 233 (1850). A patent, once issued,
is the highest evidence of title, and is a final determination of the existence
of all facts. Walton v. United States, 415 F. 2d 121, 123 (I0th Cir. 1969); see
also United States v. Beaman, 242 F. 876 (1917) File v. Alaska, 593 P. 268,
270 (1979)
When the federal government grants land via a patent, the patent is the
highest evidence of title. Patent rights to the land is the title in fee, City of
Los Angeles v. Board of Supervisors of Mono County, 292 P.2d 539 (1956), the
patent of the fee simple, Squire v. Capoeman, 351 U.S. 1,6 (1956), and the
patent is required to carry the fee. Carter v. Rubby, 166 U.S. 493, 496 (1896);
see also Klais v. Danowski, 129 N.W.2d 414, 422 (1964) 1423 (Interposition
of the patent or interposition of the fee title).
200 Fruit from a Poisonous Tree
The land patent is the muniment of title, such title being absolute in its
nature, making the sovereigns absolute freeholders on their lands.
Finally, the patent is the only evidence of the legal fee simple title.
McConnell v. Wilcox, I Scam (ILL.) 381, 396 (1837)
All of these various cases and quotes illustrate one statement that should
be thoroughly understood at this time: the patent is the highest evidence
of title and is conclusive of the ownership of land in courts of competent
jurisdiction. This, however, does not examine the methods or possibilities of
challenging a land patent.
In Hooper et al. v. Scheimer,,64 U.S. (23 How.) 235 (1859), the United
States Supreme Court stated: “I affirm that a patent is unimpeachable at
law, except, perhaps, when it appears on its own face to be void; and the
authorities on this point are so uniform and unbroken in the courts, Federal
and State, that little else will be necessary beyond a reference to them.” Id. at
240 (1859)
A patent cannot be declared void at law, nor can a party travel behind
the patent to avoid it. Id. A patent cannot be avoided at law in a collateral
proceeding unless it is declared void by statute, or its nullity indicated by
some equally explicit statutory denunciations. One perfect on its face is not
to be avoided in a trial at law by anything save an elder patent. It is not to be
affected by evidence or circumstances, which might show that the impeaching
party might prevail in a court of equity. A patent is evidence, in a court of
law, of the regularity of all previous steps to it, and no facts behind it can be
investigated. A patent cannot be collaterally avoided at law, even for fraud. A
patent, being a superior title, must of course, prevail over colors of title; nor is
it proper for any state legislation to give such titles, which are only equitable
in nature with a recognized legal status in equity courts, precedence over the
legal title in a court of law.
The Hooper case has many of the maxims that apply to the powers and
possible disabilities of a land patent; however, there is extensive case law in
this area.
The presumptions arise from the existence of a patent evidencing a grant
of land from the United States that all acts have been performed and all facts
have been shown which are prerequisites to its issuance, and that the right of
the party, grantee therein, to have it issued, has been presented and passed
upon by the proper authorities. Green v. Barber, 66 N.W. 1032 (1896) As
stated in Bouvier’s Law Dictionary, Vol. H, p. 1834 (1914):
Misrepresentations knowingly made by the application for a patent will
justify the government in proceedings to set it aside, as it has a right to demand
a cancellation of a patent obtained by false and fraudulent misrepresentations.
United States v. Manufacturing Co., 128 U.S. 673 (1888). But courts of equity
Mel Stamper 201
cannot set aside, annul, or correct patents or other evidence of title obtained
from the United States by fraud or mistake, unless on specific averment
of the mistake or fraud, supported by clear and satisfactory proof. Maxelli
Land Grant Cancellation, 11 How. (U.S.) 552 (1850) A patent fraudulently
obtained by one knowing at the time that another person has a prior right to
the land may be set aside by an information in the nature of a bill in equity
filed by the attorney of the United States for the district in which the land
lies. Id. A court of equity, upon a bill filed for that purpose, will vacate a
patent of the United States for a tract of land obtained by mistake from the
officers of the land office, in order that a clear title may be transferred to
the previous purchaser Hughes v. United States, 4 Wall. (U.S.) 232 (1866);
but a patent for land of the United States will not be declared void merely
because the evidence to authorize its issue is deemed insufficient by the court.
Milliken v·Starling’s Lessee, 16 Ohio 61·A state can impeach the title conveyed
by it to a grantee only by a bill in chancery to cancel it, either for fraud on the
part of the grantee or mistake of law; and until so canceled it cannot issue to
any other party a valid patent for the same land. Chandler v. Manufacturing
Co., 149 U.S. 79 (1893)
Other cases espouse these and other rules of law. A patentee can be
deprived of his rights only by direct proceedings instituted by the government
or by parties acting in its name, or by persons having a superior title to that
acquired through the government. Putnum v. Ickes, 78 F.2d 233, denied 296
U.S. 612 (1935)
It is not sufficient for the one challenging a patent to show that the
patentee should not have received the patent; he must also show that he as
the challenger is entitled to it. Kale v. United States, 489 F.2d 449, 454 (1973)
A United States patent is protected from easy third party attacks. Fisher v·
Rule, 248 U.S. 314, 318 (1919); see also Hooffiagle v· Anderson, 20 U.S. (7
Wheat.) 212 (1822)
A Patent issued by the United States of America so vests the title in the
lands covered thereby that it is the further general rule that such patents are
not open to collateral attack. Thomas v. Union pacific Railroad Company,588,
596 i1956) See also State v. Crawford, 475 P.2d 515 (Ariz. App. 1970) (A
patent is prima facie valid, and if its validity can be attacked at all, the burden
of proof is upon the defendant); State v. Crawford, 441 P.2d 586,590 (Ariz.
APP· 1968) (A patent to land is the highest evidence of title and may not be
collaterally attacked); and Dredge v. Husite Company 369 P.2d 676,682 (1962)
(A Patent is the act of legally instituted tribunal, done within its jurisdiction,
and passes the title. Such a patent is a final judgment as well as a conveyance
and is conclusive upon a collateral attack) absent some facial invalidity, the
patents are presumed valid. Murray v. State, 596 P.2d 805, 816 (1979)
202 Fruit from a Poisonous Tree
of title and is immune from collateral attack. This does not preclude a court
from imposing a constructive trust upon the patentee for the benefit of the
owners of an equitable interest.” This then explains the most equitable way a
court may effectively restrict the sometimes harsh justice handed down by a
strict court of law. Equity courts will impose a trust upon the patentee until
the debt has been paid.
As has been stated, a patent cannot be collaterally attacked; therefore, the
land cannot be sold or taken by the courts unless there is strong evidence of
fraud or mistake. However, the courts can require the patentee to pay a certain
amount at regular intervals until the debt is paid unless, of course, there is a
problem with the validity of the debt itself. This is the main purpose of the
patent in this growing epidemic of farm foreclosures that defy the public
policy of Congress, the legislative intent of the Statutes at large, and the legal
authority as to the type of land ownership possessed in America. Why then is
the rate of foreclosures on the rise?
Titles to land today, as was stated earlier in this memorandum, are
normally in the form of colors of title. This is because of the trend in recent
property law to maintain the status quo. The rule in most jurisdictions, in
particular those that have adopted a grantor-grantee index, is that a deed
outside the chain of title does not act as a valid conveyance and does not serve
notice of a defect of title on a subsequent purchaser. These deeds outside the
chain of title are known as “wild deeds.” Sabo v. Horvath, 559 P.2d 1038, 1043
(1976); See also Porter v Buck, 335 So.2d 369, 371 (1976); The Exchange
National Bank v Lawndale National Bank, 41 ILL.2d 316, 243 N.E.2d 193,
195-96 (1968) (The chain of title for purposes of the marketable title act,
may not be founded on a wild deed. These stray, accidental, or interloping
conveyances are contrary to the intent of the marketable title act, which is
to simplify and facilitate land title transactions); and Manson v. Berkman,
356 ILL. 20, 190 N. E. 77, 79 (1934). This liberal construction of what
constitutes a valid conveyance has led to a thinning of the title to a point
where the absolute and paramount title is almost impossible to guarantee.
This thinning can be directly attributed to the constant use of the colors
of title. Under the guise of being the fee simple absolute, these titles have
operated freely, but in reality, they evidence something much different. It was
said in common-law England that when a title was not completely alienable
and not the complete title, it was not a fee simple absolute. Rather it was some
type of contingent conveyance that depended on the performance of certain
tasks before the title was considered to be absolute. In fact, normally the
title never did develop into a fee simple absolute. These types of conveyance
were evidenced in part by the operable word “conveyance” and in part by
the manner in which the granter could reclaim the property. If the title
204 Fruit from a Poisonous Tree
Mutual Fire Insurance Co., 246 S.W.23 (1922) If a mortgagee, upon the
creation of a mortgage or deed of trust, steps into the shoes of the grantor
upon a conditional fee simple, does it then mean that the mortgagee has
acquired one of the two halves of a fee simple, when cases have shown the fee
simple is only evidenced by a patent?
Actually, courts have held in many states that a mortgage is only a lien.
United States v. Certain Interests in Property in Champaign County, State of
Illinois, 165 F.Supp.474, 480 (1958) (In Illinois and other lien theory states,
the mortgagee has only a lien and not a vested interest in the leasehold.)
See also Federal Farm Mortgage Corp. v. Ganswer, 146 Neb. 635, 20 N.W.2d
689 (1945) Even after a condition is broken or there is a default on a
mortgage, a mortgagee has only an equitable lien that can be enforced in
proper proceedings. South Omaha Bank v. Levy, 95 N.W.603 (1902). (Strict
foreclosure will not lie when mortgagor holds the legal title.) First National
Bank v. Sergeant, 65 Neb. 394, 91 N.W. 595 (1902) (Mortgagee cannot
demand more than is legally due.) Morrill v. Skinner, 57 Neb. 164, 77 N.W.
375 (1898) (Mortgage conveys no estate but merely creates a lien.) Barber v.
Crowell, 55 Neb. 571, 75 N. W. 1 109 (1898)
(Mortgage is mere security in form of conditional conveyance.) Speer v.
Hadduck, 31 Freeman (HI) 439, 443 (1863). (Assignments or conveyances
of mortgages do not convey the fee simple; rather they hold only security
interests.) In lien and intermediate-theory states, these cases amply illustrate
that a mortgage or deed of trust is only a lien. Even in title theory of mortgage
states, courts of equity have determined that the fee simple title is not really
conveyed, either in its equitable or legal state. See Barber, supra, at 1110.
A fee simple estate still exists even though the property is mortgaged or
encumbered. Hughes v. Miller’s Mutual Fire Insurance Co., 246 S.W. 23, 24
(1922) In fact, a creditor asserting a lien (mortgage) must introduce evidence
or proof that will clearly demonstrate the basis of his lien. United States v.
United States Chain Company, 212 F. Supp. 171 (N. D. If a mortgagee, even
in the title theory states, has only a lien, yet when the mortgage or deed of
trust is created he has a fee simple determinable or condition subsequent,
then obviously the color of title used as the operative title has little force or
power to protect the sovereign Freeholder. Nor can it be said that such a color
of title is useful in the intenance of stable and permanent titles.
The patent, in almost all cases, has been originally issued to the first
purchaser from the government. Theoretically, then, the public policy,
Congressional intent from the 1930s through the last few decades should
protect the sovereign in the enjoyment and possession of his freehold.
This, however, is not the case. Instead, vast mortgaging of the land has
occurred. The agriculture debt alone has risen to over $220 billion in the past
206 Fruit from a Poisonous Tree
three decades. This is in part due to the vast expansion of mortgaged holdings
and in part due to the rural sector’s inability to repay existing loans, requiring
the increased mortgaging of the land. This is in exact contradiction to public
policy and legislative intent if maintaining stable and simplistic land records;
yet marketable titles (colors of title) were supposed to guarantee such records.
Wichelman v. Messner, 83 N.W.2d 800, 805 357.
Colors of title are ineffective against mortgages and promote the
instability and complexity of the records of land titles by requiring abstracts
and title insurance simply to guarantee a marketable title. Worse, in some of
the states an injustice has prevailed that permits actions to determine titles
to be maintained upon warrants for land (warranty deeds) and other titles
not complete or legal in their character. This practice is against the intent of
the Constitution and the Acts of Congress. Bagnell v. Broderick, 38 U.S. 438
(1839). Such lesser titles have no value in actions brought in federal courts,
notwithstanding a State legislature that may have provided otherwise. Hooper
et. al. v. Scheimer, 64 U.S. (23 How.) 235 (1859)
It is, in fact, possible that the state legislatures have even violated the
Supremacy Clause of the United States Constitution.
These actions are against the intent of the founding fathers and against
the legislative intent of the Congressman who enacted the statutes at large,
creating the land patent or land grant. This patent or grant, since the
“land grant” is in some states another name for the patent, the terms being
synonymous, Northern Pacific Railroad Co. v. Barden, 46 F. 592, 617 (1891),
prevented every problem that was created by the advent of colors of title,
marketable titles, and mortgages. Therefore, it is necessary to determine the
validity of returning to the patent as the operative title.
Patents are issued (and theoretically passed) between sovereigns; deeds
are executed by persons and private corporations without these sovereign
powers. Leading Fighter v. County of Gregory, 230 N.W.2d 114, 116 (1975)
As was stated earlier, the American people, in creating the Constitution and
the government formed under it, made such a document and government as
sovereigns, retaining that status even after the creation of the government.
Chisholm v. Georgia, 2 Dall. (U.S.) 419 (1793)
The government, as sovereign, passes the title to the American people,
creating in them sovereign Freeholders. Therefore, it follows that the American
people, as sovereigns, should also have this authority to transfer the fee simple
title, through the patent, to others. Cases have been somewhat scarce in this
area, but there is some case law to reinforce this idea. In Wilcox v. Calloway,
I Wash. (Va.) 38, 38-41 (1823), the Virginia Court of Appeals heard a case
where the patent was brought up or reissued to the parties four separate
times. Some patents were issued before the creation of the constitutional
Mel Stamper 207
United States government, and some occurred during the creation of that
government.
The courts determined the validity of those patents, recognizing each
actual acquisition as being valid, but reconciling the differences by finding
that the first patent, properly secured with all the necessary requisite acts
fulfilled, carried the title. The other patents and the necessary requisition,
a new patent each time, yielded the phrase “lapsed patent,” a lapsed patent
being one that must be required to perfect the title. Id. Subsequent patentees
take subject to any reservations in the original patent. State v. Crawford, 441
P.2d 586,590 (1968).
A patent regularly issued by the government is the best and only evidence
of a perfect title. The actual patent should be secured to place at rest any
question as to validity of entries (possession under a claim and color of title).
Young v. Miller, 125 So.2d 257, 258 (1960). Under the color of title act, the
Secretary of Interior may be required to issue a patent if certain conditions
have been met, and the freeholder and his predecessors in title are in peaceful,
adverse possession under claim and color of title for more than a specified
period. Beaver v. United States, 350 F.2d 4, cert. denied, 387 U.S. 937
(1965).
A description that will identify the lands (and possession) is all that is
necessary for the validity of the patent, Lossing v. Shull, 173 S.W.2d 1, 1 Mo.
342 (1943). A patent to two or more persons creates presumptively a tenancy
in common in the patentees. Stoll v. Gottbreht, 176 N.W. 932, 45 N.D. 158
(1920). A patent to be the original grantee or his legal representatives embrace
the representatives by contract as well as by law. Reichert v. Jerome H. Sheip,
Inc., 131 So. 229, 222 Ala. 133 (1930).
A patent has a double operation. In the first place, it is documentary
evidence having the dignity of a record of the evidence of the title or such
equities respecting the claim as to justify its recognition and later confirmation.
In the second place, it is a deed of the United States or a title deed. As a deed,
its operation is that of a quitclaim or rather of a conveyance of such interest
as the United States possess in the land, such interest in the land passing to
the people or sovereign freeholders. 63 Am. Jur. 2d Section 97, p. 566.
Finally, the United States Supreme Court, in Summa Corporation v.
California ex rel. State Lands Commission, etc., 80 L.Ed.2d 237 (1984), made
determinations as to the validity of a patent confirmed by the United States
through the Treaty of Guadalupe Hidalgo, 9 Stat. 631 (1951). The State
of California attempted to acquire land that belonged to the corporation.
The State maintained that there was a public trust easement granting to the
State authority to take the land without compensation for public use. The
corporation relied in part on the intent of the treaty, in part on the intent of
208 Fruit from a Poisonous Tree
the patent and the statute creating it, and in part in the requisite challenge
date of the patent expiring.
The Summa Court followed the lengthy dissertation of the dissenting
judge on the California Supreme Court (see 31 Cal. 3d 288, dissenting
opinion), in determining that the patent, which had been the apparent
operative title throughout the years, was paramount and that the actions by
the State were against the manifest weight of the Treaty and the legislative
intent of the patent statutes. According to each of these cases, the patent,
through possession, or claim and color of title, or through the term “his heirs
and assigns forever,” or through the necessary passage of title at the death of a
joint tenant or tenant in common, is still the operable title and is required to
secure the peaceful control of the land.
These same ideas can also apply to state patents for lands that went to the
state or remained in the hands of the state upon admission into the Union.
Oliphant v. Frazho, 146 N.W.2d 685, 686,687 (1966); Fiedier v. Pipers, 107
So.2d 409, 411-412 (1958) (Not even the State could be heard to question
the validity of a patent signed by the Governor and the Register of the State
Land Office.)
“No government can object to the intent and creation of a patent after
such is issued, unless issued through fraud or mistake. The patent, either
federal or state, has an intent to create sovereign freeholders in the land
protected from the speculators (any lending institution speculates upon land),
and a public policy to maintain a simplistic, stable and permanent system of
land records. Land patents were designed to effectively insure that this intent
and policy were retained. Colors of title cannot provide this type of stability
since such titles are powerless against liens, mortgages, when the freeholder is
unable to repay principle and interest on the accompanying promissory note.
Equity will entertain jurisdiction at the instance of the owner of fee of lands
to remove a cloud upon his title created by the sale of the premises and a deed
issued thereto under a decree of foreclosure of a mortgage thereon.” Hodgen
v. Guttery, 58 Free. (i 1.) 431, 438 (1871) (Though this case dealt with an
improper sale of land covered by a patent, any forced sales of lands covered
by a patent is improper in view of the policy and intent of the Congress.)
Equity, however, will protect the mortgagee who stands to lose his interest
in the property, thereby requiring a trust to be created until the debt is erased,
making partners of the creditor and debtor. What then exists is a situation
where the patent should be declared (confirmed or reissued) to protect the
sovereign freeholder and to re-institute the policy and intent of Congress.
The patent as the paramount title, fee simple absolute, cannot be
collaterally attacked, but when a debt cannot be paid, immediately placing
the creditor in jeopardy, the courts will impose a constructive trust until
Mel Stamper 209
the new “partners” can mutually eliminate the debt. If the debt cannot be
satisfactorily removed, it is still possible, considering the present intent of
the government, to maintain sovereign freeholders on the property, immune
from the loss of the land, since it is Congress’ intent to keep the family farm
in place.
The use of colors of title to act as the operative title is inappropriate,
considering the rising number of foreclosures and the inability of the colors
of title to restrain a mortgage or lien. However, the lending institutions,
speculators on the land, maintain that the public policy of the country
includes the eradication of the sovereign freeholders in the rural sector in an
effort to implant large corporate holdings upon the country. This last area
must be effectively met and eliminated.
To those who framed the Constitution, the rights of the States and the
rights of the people were two distinct and different things. Throughout their
debates, they had two objects foremost in their minds. First, create a strong
and effective national government, and, second, protect the people and their
rights from usurpation and tyranny by government.
The people’s liberties and individual rights and safeguards were to be
kept forever beyond the control and dominion of the legislatures of the
States, whom they distrusted, and against whom they so carefully guarded
themselves. If such control and domination and unlimited powers were given
to a few legislatures, they could override every one of the reserved rights
covered by the first ten Amendments (the Bill of Rights); they could change
the government of limited powers to one of unlimited powers; they could
declare themselves hereditary rulers; they could abolish religious freedoms;
they could abolish free speech and the right of the people to petition for
redress; they could not only abolish trial by jury, but even the rights to a day
in court; and most importantly they could abolish free sovereign ownership
of the land.
The whole literature of the period of the adoption of the Constitution
and the first ten amendments is one of great testimony to the insistence that
the Constitution must be so amended as to safeguard unquestionably the
rights and freedoms of the people so as to secure from any future interference
by the new government matters the people had not already given into its
control, unless by their own consent. United States v. Sprague, 282 U.S. 716,
723-726 (1930)
The problem has not been in the lending institutions that simply
practice good business on their part. The problem in the loss of freedoms by
this present interference with allodial sovereign ownership lies with the state
legislatures that created law or marketable title acts, that claimed to enact
new simplistic, stable land titles and actually created a watered-down version
210 Fruit from a Poisonous Tree
of the fee simple absolute that requires complicated tracing and protection,
and is ineffective against mortgage foreclosures.
None of these problems would occur if the patent were the operable
title again, as long as the sovereigns recognized the powers and disabilities of
their fee simple title. The patent was meant to keep the sovereign freeholder
on the land, but the land was also to be kept free of debt, since that debt was
recognized in 1820 as un-repayable and today is un-repayable.
The re-declaration of the patent is essential in the protection of the rural
sector of sovereign freeholders, but also essential is the need to impress the
state legislatures that have strayed from their enumerated powers with the
knowledge that they have enacted laws that have defeated the intent and goal
of man since the Middle Ages. That intent, of course, is to own a small tract
of land absolutely, whether by land-bloc or patent, on which the freeholder
is beholden to no lord or superior. The patent makes sovereign freeholders of
each person who own his/her land. A return to the patent must occur if those
sovereign freeholders wish to protect that land from the encroachment of the
state legislatures and the speculators that benefit from such legislation.
CONCLUSION
As has been seen, man is always striving to protect his rights, the most
dear being the absolute right to ownership of the land. This right was
guaranteed by the land patent, the public policy of the Congress, and the
legislative intent behind the Statutes at Large. Such rights must be reacquired
through the re-declaration of the patent in the color of title claimant’s name,
based on his color of title and possession. With such re-born rights, the land
is protected from the forced sale because of delinquency on a promissory
note and foreclosure on the mortgage.
This protected land will not eliminate the debt; a trust must be created
whereby “partners” will work together to repay it. These rights must be
recaptured from the state legislated laws, or the freedoms guaranteed in the
Bill of Rights and Constitution will be lost. Once lost, those rights will be
exceedingly hard if not impossible to reclaim, and quite possibly, as Thomas
Jefferson said, the children of this generation may someday wake up homeless
on the land their forefathers founded. There can be no higher duty for a court
than to embrace the opportunity – nay, the obligation – to uphold the original
intent of the founding fathers and the Constitution of the United States and
the Congress in the protection of the peoples’ most valued unalienable right
– the right to Allodial Freehold Property.
CHAPTER ELEVEN
MIRRORS OF ILLUSION BROKEN
211
212 Fruit from a Poisonous Tree
For a good many years, I have heard Patriots and tax evaders of all stripes
argue that they were not subject to tax for as many reasons as I have hairs
on my head. Not many truly understand the proper argument and most
invariably loose their valiant fights, winding up in federal prison, primarily
because their arguments were not focused and were in most part devoid of
logic.
This chapter, titled “Mirrors of Illusion Broken,” concerns the taxing
power of the UNITED STATES and the average citizen’s relationship to
the federal government. Read carefully and follow the logic as well as the
supporting statutes and case law; they all have the same reoccurring theme
and all are supportive of the American people.
If this is the only chapter in the book that you remember, your life will
be changed forever.
The following chapter is a Memorandum of Law. I did not make many
changes, so it may not fit your particular situation to a tee, but in general the
sum and substance is the same for us all.
NONRESIDENT ALIEN
Plaintiffs in the above entitled action are nonresident aliens with respect
to the “United States” as those terms are defined in Title 26 U.S.C., and have
had no income effectively connected to a trade or business within the “United
States” or any source income derived from any excise taxable event. Plaintiffs
are not withholding agents, government employees or elected officials.
Defendant’s Revenue Officer (Name), District Director (Name), are
Internal Revenue employees. It appears from documentary evidence that
the Internal Revenue Service Agents, etc., are “agents of a foreign principal”
within the meaning and intent of the Foreign Agents Registration Act of
1938. They are directed and controlled by the corporate “Governor” of
“The Fund,” a.k.a., “Secretary of Treasury”c and the corporate “Governor”
of “The Bank,”d said agents acting as “information-service employees”e and
have been, and do now, solicit, collect, disburse, or dispense contribution,
tax-pecuniary contribution, loan money or other things of value, for, or in
interest of such foreign principal,f and they entered into agreements with a
foreign principal pursuant to Treasury Delegation Order No. 91, i.e., the
“Agency For International Development”g. (Exhibit # ) The Internal Revenue
Mel Stamper 213
States extends, or it may be the collective name of the states which are united
by and under the Constitution.”
Thus, in Hooven, supra, it is readily discernible that there are two literal
UNITED STATES consisting of definitive landmasses or geographical areas.
The third definition in Hooven, supra, consists of the fifty States united
under the Constitution. The second definition designates the geographical
area consisting of the District of Columbia and all territory over which the
political sovereignty of the UNITED STATES extends. Congress expresses
the sovereignty of this second UNITED STATES under authority of Article
1, §8, Clauses 17 and 18, and Article 4, §3, Clause 2 of the Constitution
with no constitutional restrictions placed on said powers. In legislating for
the District and its territories, Congress always defines the words “State” and
“United States” in its Public Laws to only include such geographical areas.
The issue as to whether there are different meanings for the term
“United States” and whether there are three different and distinct “United
States” operating within the same geographical areas and one “United States”
operating outside the Constitution over its own territory in which it has
citizens belonging to said “United States” was settled in 1901 by the Supreme
Court in the cases of De Lima v. Bidwellk and Downes v. Bidwelll. In Downes,
supra, at page 380, Justice Harlan dissented as follows:
“The idea prevails with some – indeed, it found expression in arguments
at the bar – that we have in this country substantially or practically two
national governments; one, to be maintained under the Constitution, with
all its restrictions; the other to be maintained by Congress outside and
independently of that instrument, by exercising such powers as other nations
of the earth are accustomed to exercise.”
He went on to say, on page 382: “It will be an evil day for American
liberty if the theory of a government outside of the supreme law of the land
finds lodgment in our constitutional jurisprudence. No higher duty rests
upon this court than to exert its full authority to prevent all violation of the
principles of the Constitution.”
This theory of a government operating outside the Constitution over its
own territory with citizens of the “United States” belonging thereto under
Article 4, Section 3, Clause 2, of the Constitution has been long understood.
In 1922 in Balzac v. Porto Rico,m the Supreme Court further affirmed the
proposition that the Constitution does not apply outside the limits of the fifty
States of the Union. The Court, quoting Downes and De Lima, supra, held
that, under Article IV, §3, Clause 2, the “United States” was given exclusive
power over the territories.
Mel Stamper 215
The issue arose again in 1944, in the case of Hooven & Allison Co. v.
Evatt,n wherein the United States Supreme Court stated as follows at page
671-672.
“The term “United States” may be used in any one of several senses. [1]
It may be merely the name of a sovereign occupying the position analogous
to that of other sovereigns in the family of nations. [2] It may designate the
territory over which the sovereignty of the United States extends, [3] or it
may be the collective name of the states which are united by and under the
Constitution.” [Brackets, numbers and emphasis added]
Quoting Fourteen Diamond Rings v. United; States, 183 U.S. 176; cf. De
Lima v. Bidwell, 182 U.S. 1; Dooley v. United States, 182 U.S. 222; Faber v.
United States, 221 U.S, 649; cf. Huus v. New York & P.R.S.S. Co., 182 U.S.
392; Gonzales v. Williams, 192 U.S. 1; West India Oil Co. v. Domenech, 311
U.S. 20., also see; Langdell, “The Status of our New Territories,” 12 Harvard
Law Review 365, 371; see also Thayer, “Our New Possessions,” 12 Harvard
Law Review 464; Thayer, “The Insular Tariff Cases in the Supreme Court,”
15 Harvard Law Review 164; Littlefield, “The Insular Cases,” 15 Harvard
Law Review 169, 281.
The Court in Hooven, supra, indicated that this was the last time it would
address the issue; it would just be judicially noticed.
The issue arose in Brushaber v. Union Pacific Railroad Company,o In that
case, the high Court affirmed that the “United States” could levy a tax on the
income of a nonresident alien when that income was derived from sources
WITHIN the “United States” (i.e., its territorial or political jurisdiction).
Affirming the decision in Brushaber, supra, the Commissioner of Internal
Revenue, with the approval of the Secretary of the Treasury, promulgated the
Court’s decision as Treasury Decision (“T.D.”) 2313.
T.D. 2313 declared that Frank R. Brushaber was a “Nonresident Alien”
with respect to the “United States.” In addition, T.D. 2313 declared, as
did the Court, that the Union Pacific Railroad Company was a “Domestic
Corporation” with respect to the “United States” (i.e. its territorial
jurisdiction).
The Complaint filed by Mr. Brushaber demonstrated that he was
a nonresident of the “United States,” residing instead in the State of New
York, in the borough of Brooklyn and a Citizen thereof, his principal place
of business being in the borough of Manhattan. He owned stocks and bonds
issued by the Union Pacific Railroad Company, upon which a cash dividend
was declared to him by said company, a domestic corporation of the “United
States.” Union Pacific was chartered by an Act of Congress for the territory of
the federal state of Utah, in order to build a railroad and telegraph line and
other purposes. It is a matter of public record that the Union Pacific Railroad
216 Fruit from a Poisonous Tree
Income Tax
The above decision by the Secretary of the Treasury determined that a tax
on income derived from rents, sales of property, wages, professions, or a trade
or business WITHIN the “United States” was applicable to such “income”
when payable to a nonresident alien, i.e. a Union States Citizen.
“Domestic” in the “United States” statutes means inside the District of
Columbia, possessions, territories and enclaves of the “United States,” i.e.
federal states of which there are 14. All income tax provisions under 26
U.S.C. Subtitle A (an excise tax on “income”), are divided between sources
WITHIN and WITHOUT the “United States.” They are taxes imposed
upon the worldwide income of citizens of the “United States” and aliens
residing therein. This provision of the code applies to nonresident aliens of
all species, receiving income from sources WITHIN said “United States,” as
well as WITHIN the other parts of the American Empire that fall WITHIN
the exclusive legislative jurisdiction of the Congress of the “United States”
pursuant to Article 1, §8, Clause 17 and Article 4, §3, Clause2.
DEFINITIONS IN 26 U.S.C.
THE INTERNAL REVENUE CODE
The definitions used in 26 U.S.C. are very clear in defining “State” and
“United States.” In every definition that uses the word “include” or “including,”
only the words that follow are defining of the term. For example:
The term “State” includes the District of Columbia, the Commonwealth
of Puerto Rico, the Virgin Islands, Guam, and American Samoa.aa
United States. – The term “United States,” when used in a geographical
sense, includes only the States and the District of Columbia.ab
The federal government has used these definitions correctly, but its
agents of the Internal Revenue Service and the Department of Justice seem
to erroneously assume that the definitions mean the fifty States of the Union
(America) when they look at the word “States” in 26 U.S.C. 7701(a)(9). It
would be disingenuous to use the common everyday meaning of the terms
“United States” or “State” when talking about the tax laws and many other
laws that are enacted under the local municipal authority of the “United
States” government within and for the District of Columbia.
The following congressional Acts reveal the crafty illusory way in which
the federal government uses correct English and how Congress changes the
meanings of words by using “congressional” definitions. For example, all
the United States Code definitions had to be changed to allow Alaska and
Hawaii to join the Union of States united under the Constitution. When
Alaska joined the Union, Congress added a new definition of “States of the
United States.”ac This definition had never appeared before, to wit:
Sec. 48. Whenever the phrase “continental United States” is used in any
law of the United States enacted after the date of enactment of this Act, it
shall mean the 49 States on the North American Continent and the District
of Columbia, unless otherwise expressly provided.ad [Emphasis added]
Where is it otherwise expressly provided?
Answer:
Sec. 22. (a) Section 2202 of the Internal Revenue Code of 1954
(relating to missionaries in foreign service), and sections 3121(e)(1), 3306(j),
4221(d)(4), and 4233 (b) of such code (each relating to a special definition of
“State”) are amended by striking out “Alaska”.
(b) Section 4262 (c) (1) of the Internal Revenue Code of 1954 (definition
of “continental United States”) is amended to read as follows: “(1) Continental
United States. – The term ‘continental United States’ means the District of
Columbia and the States other than Alaska.”
Mel Stamper 221
When Hawaii was admitted to the Union, Congress again changed the
above definition, to wit:
Sec. 18. (a) Section 4262 (c)(l) of the Internal Revenue Code of 1954
(relating to the definition of “continental United States” for purposes of the
tax on transportation of persons) is amended to read as follows:
“(1) Continental United States. – The term ‘continental United States’
means the District of Columbia and the States other than Alaska and
Hawaii.”
WHAT ARE THE STATES OTHER THAN ALASKA AND
HAWAII?
They certainly cannot be the other forty-eight States united by and under
the Constitution, because Alaska and Hawaii at that point in time had just
joined the Union, right? The same definitions apply to the Social Security
Act. So, what is left? Answer: the District of Columbia, Puerto Rico, Guam,
Virgin Islands, Northern Mariana Islands, etc. These are the States of (i.e.
belonging to) the “United States” and which are under its sovereignty and
exclusive political jurisdiction. Do not confuse this term with States of the
Union, because the word “of ” means “belonging to” in this context.
Congress can also change the definition of “United States” for two
sentences and then revert back to the definition it used before these two
sentences. This is proven in Public Law 86-624, page 414, under School
Operation Assistance in Federally Affected Areas.
Affected Areas, section (d)(2): “The fourth sentence of such subsection is
amended by striking out ‘in the continental United States (including Alaska)’
and inserting in lieu thereof ‘(other than Puerto Rico, Wake Island, Guam, or
the Virgin Islands)’ and by striking out ‘continental United States’ in clause
(ii) of such sentence and inserting in lieu thereof ‘United States’ (which for
purposes of this sentence and the next sentence means the fifty States and the
District of Columbia). The fifth sentence of such subsection is amended by
striking out ‘continental’ before ‘United States’ each time it appears therein
and by striking out ‘including Alaska.’”
This one section, standing alone and by the words of its construction,
contains all the evidence needed to prove that the term “United States” on
either side of these sentences do not mean the fifty States united by and
under the Constitution. If that is not convincing, then see the following:
26 C.F.R. 31.3121(e) -1 State, United States, and citizen.
(a) When used in the regulations in this subpart, the term “State” includes
[in its restrictive form] the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, the Territories of Alaska and Hawaii before
their admission as States, and (when used with respect to services performed
after 1960) Guam and American Samoa.
222 Fruit from a Poisonous Tree
(b) When used in the regulations in this subpart, the term “United
States”, when used in a geographical sense, means the several states, (including
the Territories of Alaska and Hawaii before their admission as States), the
District of Columbia, the Commonwealth of Puerto Rico, and the Virgin
Islands. When used in the regulations in this subpart with respect to services
performed after 1960, the term “United States” also includes [in its expansive
form] Guam and American Samoa when the term is used in a geographical
sense. The term “citizen of the United States” includes [in its restrictive form]
a citizen of the Commonwealth of Puerto Rico or the Virgin Islands, and,
effective January 1, 1961, a citizen of Guam or American Samoa. [Emphasis
added]
Alaska and Hawaii fit the definition of “State” only before joining the
Union. That means that the definition of “State” was never meant to be the
forty-eight, now fifty, States of the Union unless distinctly expressed.
If paragraph (b) clouds men’s mind, the following is submitted:
The word “geographical” was never used in tax law until Alaska and
Hawaii joined the Union, and it is not defined in the Internal Revenue
Code. So, we must use the definition found in the Standard Random House
Dictionary:
ge.o.graph.i.cal 1. of or pertaining to geography 2. or pertaining to the
natural features, population, industries, etc., of a region or regions.
Were you born in the “United States”? The preposition “in” shows that
the “United States” in this question is a place, a geographical place named
“United States.” It is singular, even though it ends in “s.” It also can be
plural when referring to the Union States, which are places that exist by
agreement.
Every human in a nation is a natural Citizen of a place called a nation
if he was born in that nation. Those same people must be naturalized (born
again) if they want to become a citizen of another nation. Original citizenship
exists because of places, not agreements. This is what is referred to as Jus
soli, the law of the place of one’s birth.ae Here are two questions, your own
answers to which will prove the status distinction. In a geographical sense,
where is the State of Minnesota located on the American Continent? In a
geographical sense, where is the “United States” (Congress) located on the
American Continent?
Additional supporting argument is found in legislation written by
Congress to solve a problem caused by the admission of Alaska and Hawaii
to the Union. Since typewriters were purchased by the government from the
areas that had just joined the Union, namely Alaska and Hawaii, according
to Title 1 USC, Congress was required to use a term that is NOT used in the
Mel Stamper 223
Internal Revenue Code, in order to buy the same typewriters from the same
geographical area:
Sec. 45. Title 1 of the Independent Offices Appropriation Act, 1960, is
amended by striking out the words “for the purchase within the continental
limits of the United States of any typewriting machines” and inserting in lieu
thereof “for the purchase within the STATES OF THE UNION AND THE
DISTRICT OF COLUMBIA OF ANY TYPEWRITING MACHINES.”
[Emphasis added]
The Supreme Court obviously understands the distinction of citizenship
for purposes of declarations made under penalties of perjury. The Court
approved the statuteaf which separately defines declarations to be made by
citizens made WITHIN and WITHOUT the “United States” as follow:
If executed WITHOUT the United States: I declare ... under the laws of
the United States of America that the foregoing is true and correct. [Emphasis
added]
If executed WITHIN the United States, its territories, possessions,
or commonwealths: I declare …that the foregoing is true and correct.
[Emphasis added]
The latter declaration above is the declaration found on IRS Form 1040
and similar IRS forms.
And, 28 USC 1603(a)(3) states as follows:
(3) which is neither a citizen of a State of the United States as defined in
section 1332(c] and (d) of this title …
Section 1332 (d). The word “States” as used in this section, includes
the Territories, the District of Columbia, and the Commonwealth of Puerto
Rico.
Examples of Two Definitions of the term “United States” in 26 U.S.C.
First Definition:
Title 26 U.S.C. 7701(a) (9):
(9) United States. – The term “United States” when used in a geographical
sense includes only the States and the District of Columbia.
Second Definition:
Title 26 U.S.C. 4612(a) (4) (A):
(A) In general. – The term “United States” means the fifty States, the
District of Columbia, the Commonwealth of Puerto Rico, any possession of
the United States, the Commonwealth of the Northern Mariana Islands, and
the Trust Territory of the Pacific Islands. [Emphasis added]
The Supreme Court clarified the issue in Hepburn & Dundas v. Ellsey,ag
stating that the District of Columbia is not a “State” within the meaning
of the Constitution. Therefore it is apparent that the meaning of the term
“States” in the first definition above can mean only the territories and
224 Fruit from a Poisonous Tree
(g) United States. The term “United States,” when used in a geographical
sense, includes any territory under the sovereignty of the United States. It
includes the states [Puerto Rico, Guam, Mariana Islands, etc.], the District of
Columbia, the possessions and territories of the United States, the territorial
waters of the United States, the airspace over the United States, and the seabed
and subsoil of those submarine areas which are adjacent to the territorial
waters of the United States and over which the United States has exclusive
rights, in accordance with international law.”
This term “state” evidently does not embrace one of the fifty States of
which Plaintiff is a free inhabitant, united by the Constitution, because they
are separate governments or foreign states with respect to the “United States,”
District of Columbia, its territories, possessions and enclaves. None of the
fifty united States comes under the sovereignty of the “United States” and
subsection (h) defines the fifty States united by the Constitution as “foreign
countries”:
(h) Foreign country. The term “foreign country,” when used in a
geographical sense, includes any territory under the sovereignty of a
government other than that of the United States.al
All of the fifty States are foreign with respect to each other and are under
the sovereignty of their respective Legislatures, except where a power has
been expressly delegated to Congress. The Citizens of each Union State are
foreigners and aliens with respect to another Union State unless they establish
a residence therein under the laws of that Union State. Otherwise, they are
nonresident aliens with respect to all the other Union States.
The regulations at 26 C.F.R. Section 1.1-1 (a) state, in pertinent part:
(a) General Rule. (1) Section 1 of the Code imposes an income tax on the
income of every individual who is a citizen or resident of the United States
and, to the extent provided by Section 871(b) or 877(b), on the income of a
nonresident alien individual.
Title 26 U.S.C. § 1 imposes a tax on “taxable income” as follows, in
pertinent part:
There is hereby imposed on the taxable income of ... every married
individual ... who makes a single return jointly with his spouse under section
6013…
The regulations promulgated to explain 26 U.S.C. Section 1 are found
in 26 C.F.R., Section 1.1-1, and state in pertinent part:
(a) General Rule. (1) Section 1 of the Code imposes an income tax on the
income of every individual who is a citizen or resident of the United States
and, to the extent provided by Section 871(b) or 877(b), on the income of a
nonresident alien individual.
226 Fruit from a Poisonous Tree
Please note that the term “taxable income” is not used as such in the
above statute because the “income” of those classes of individuals mentioned
is taxable as “taxable income”.
Section 1.871 Classification and manner of taxing alien individuals
(a) Classes of aliens. For purposes of the income tax, alien individuals are
divided generally into two classes, namely, resident aliens and nonresident
aliens.
(b) Classes of nonresident aliens.
(1) In general. For purposes of the income tax, nonresident alien
individuals are divided into the following three classes:
(i) Nonresident alien individuals who at no time during the taxable year
are engaged in a trade or business in the United States,
(ii) Nonresident alien individuals who at any time during the taxable
year are, or are deemed under Section 1.871-9 to be engaged in a trade or
business in the United States, and
(iii) NOT APPLICABLE (concerns residents of Puerto Rico)
Title 26 C.F.R., Section 871-13 states as follows:
(a) In general. (1) An individual who is a citizen or resident of the United
States at the beginning of the taxable year but a nonresident alien at the end
of the taxable year, or a nonresident alien at the beginning of the taxable
year but a citizen or resident of the United States at the end of the taxable
year, is taxable for such year as though his taxable year were comprised of
two separate periods, one consisting of the time during which he is a citizen
or resident of the United States and the other consisting of the time during
which he is not a citizen or resident of the United States.
NONRESIDENT ALIEN
The federal Income tax is a local municipal tax for the “United States”
designed to support local government. In order for an individual, a State
Citizen of the Union States, to become liable for this tax, he/she must be a
resident therein (i.e. a resident alien). Or receive income from sources therein,
or be engaged in a trade or business therein or receive income from a source
of an excise taxable event.
In 26 U.S.C., Section 7701(b) (1) (A) and (B), Congress defined the
statutory difference between “resident alien” and “nonresident alien” as
follows:
(b) Definitions of Resident Alien and Nonresident Alien.
(1) In general. – For purposes of this title
Mel Stamper 227
In Botta v. Scanlon,am the Court set forth the general exceptions to the
bar,an stating:
“[I]t has long been settled that this general prohibition is subject to
exception in the case of an individual taxpayer against a particular collector
where the tax is clearly illegal or other special circumstances of an unusual
character make an appeal to equitable remedies appropriate.”ao
The Court then gave a number of examples as follow:
“(a) Suits to enjoin collection of taxes which are not due from the plaintiff
but, in fact, are due from others. For example, see Rafael v. Granger, 3 Cir.
1952, 196 F.2d 620, 622....
“(b) Cases in which plaintiff definitely showed that the taxes sought to
be collected were ‘probably’ not validly due. For example, Midwest Haulers
Inc. v. Brady, 6 Cir. 1942, 128 F.2d 496, and John M. Hirst & Co. v. Gentsch,
6 Cir. 1943, 133 F.2d 247.
“(c) Cases in which a penalty was involved. For example, Hill v. Wallace,
259 U.S. 44, 42 S.Ct 453, 66 L.Ed, 822; Lipke v. Lederer, 259 U.S. 557, 42
S.Ct. 549, 66 L.Ed. 1061; Regal Drug Corporation v. Wardell, 260 U.S. 386,
43 S.Ct 152, 67 L.Ed 318; Alien v. Regents of the University System of Georgia,
304 U.S. 439, 58 S.Ct 980, 82 L.Ed 1148.
“(e) Cases based upon tax assessment fraudulently obtained by the tax
Collector by coercion. For example, Mitsukiyo Yoshimura v. Alsup, 9 Cir.
1948, 167 F.2d 104 “(141 F.Supp. at page 338).”
[4] In the present case, if any of the plaintiffs are not subject to any
tax liability, such plaintiff might well be within the exception stated in 9
Mertens, law of Federal Income Taxation, Section 49.213, Chapter 49, page
226, as follows:
“[2] It is equally well settled [sic] that the Revenue laws relate only to
taxpayers. No procedure is prescribed for a nontaxpayer where the Government
seeks to levy on property belonging to him for the collection of another’s tax,
and no attempt has been made to annul the ordinary rights or remedies of a
non-taxpayer in such cases. If the Government sought to levy on the property
of A for a tax liability owing to B, A could not and would not be required to
230 Fruit from a Poisonous Tree
pay the tax under protest and then institute an action to recover the amount
so paid. His remedy would be to go into a court of competent jurisdiction and
enjoin the Government from proceeding against his property.” In Tomlinson
v. Smith, 7 Cir, 1942, 128 F.2d 808 ... the Court affirmed an order granting
interlocutory injunction and noted the “distinction between suits instituted
by taxpayers and non-taxpayers.” (at page 811)
CONCLUSION
Plaintiffs are in no way subjected to any derivative liability for the District’s
local municipal tax. The procedures set forth in 26 C.F.R. do not authorize
the Secretary or his delegate to manufacture income and tax it where a Person
is without the taxable class. Title 26 C.F.R., § 871 is unclouded in that where
there is no income from sources within the “United States” by a nonresident
alien; the choice is delegated to that person by Congress as to whether a
return is to be filed or not.ap This is why the system is repeatedly referred
to as a voluntary compliance system. Where the Secretary determines the
existence of taxable income when there has been no return, he should sign
the substitute return and assume the responsibility for the determination.aq
Treasury Decision 2313 explains that the withholding agent is responsible
for withholding the tax from sources within the “United States,” for filing a
Form 1040NR and for paying over the tax withheld from said nonresident
alien.ar Therefore, no penalties should accrue to the Plaintiffs.
Plaintiffs were not aware of the information contained in this
Memorandum of Law during the early years of their lives and reported
“earned income” from their labor in the foreign States of the Union, and
paid a local municipal tax of the “United States.” This fact in no way subjects
them to liability to the present day, nor does that fact in anyway change
their status as Citizens of one of the Republic Union States. Nor does it
change their status from nonresident aliens to the “individual” defined in 26
C.F.R., Section 1.1-1. Nor does it justify the Secretary’s actions taken when
the Plaintiffs, knowing their true status, repeatedly informed him through
his agents, the Internal Revenue Service, of said status. The Secretary is
presumed to function in good faith, much as is a criminal defendant presumed
innocent. The Secretary is required to know the law he is administering. He
is to administer said laws with justice and equality within the parameters
mandated by Congress. By the Secretary’s action in ignoring the law, once
administratively noticed by the plaintiff, the mantel of presumed “good faith”
wears perilously thin and any good faith immunity, lost. The Executive branch
of government, the Congress and the Courts, all discourage arbitrary and
Mel Stamper 231
If ye love wealth better than liberty, the tranquility of servitude better than the
animating contest of freedom, go home from us in peace. We ask not your counsels
or arms. Crouch down and lick the hands, which feed you. May your chains set
lightly upon you, and may posterity forget that ye were our countryman. – Samuel
Adams, August 1, 1776
233
234 Fruit from a Poisonous Tree
How can the President and Congress do what they were prohibited from
doing by the Constitution with complete impunity from the law?
Every chapter of this book has covered a topic that addresses a violation
of some constitutional provision and deprivation of the rights of “We the
People” by the de facto government. The question I am always asked is,
“How can they get away with it?” Try as I may, I cannot find any legal theory
that makes sense to me with the exception of the following.
This is my theory. It may be valid or not; you decide.
There are those who believe there never existed a Constitution, in that it
was never signed by any principal to the agreement; it was merely witnessed.
That argument may have some legal currency under Contract Law; however,
for our purposes, let us assume that there was and is a Constitution.
To understand our present day court system, we must examine first causes
– the general nature of Emergency War Powers, martial law, and martial rule
– to see how they operate, if in fact they do operate in our judiciary and why.
Notice I didn’t say “justice system,” because if you want justice, go to church;
you will not find it in our courts of law.
when they could not redeem the certificates for depositors, and they believed
that by claiming the American people were hoarding gold, precipitating a
banking crisis, they would then be off the hook. It suited Roosevelt’s plans
as a socialist to implement his “New Deal” agenda. The crisis permitted him
to seize control of the nation and maintain it by Executive Order (Martial
Rule). So he accepted the Federal Reserve Board’s request, which amended
the 1917 Wars Powers Act, giving the President license over all of the citizens
of this country, rather than just an enemy. We became the enemy of our
country under the language of the 1933 amended version of the 1917 War
Powers Act, and as far as the federal government is concerned, we remain so
to this day. It fits their purpose.
Congress returned from its annual recess and rubber-stamped Roosevelt’s
Executive Orders, and the Federal power grab began. From that day to
the present, the United States of America has been under emergency war.
Presidents and the Congress, to maintain and justify the enormous growth
in the power and socialist spending of the Federal government, have
systematically exploited powers and its people.
The States cooperated with the Federal government because they
benefited, right down to the County level, from a massive increase in their
tax revenues and powers which were available to them only under these
conditions. The real property of the individual citizenry could be taxed, as
well as all personal property owned by the individual.
The gold or lawful coin of the United States having been removed from
circulation set the stage for the fiat money of the Federal Reserve and the
resultant income generated from its use in the form of tax on the people’s
labor for the use of private money lenders. There being no constitutional
currency, Congress made law embracing the notion that the Federal Reserve
Notes were legal tender for all debts public and private, another violation of
their duty to protect and defend the Constitution, as no Amendment has
ever been passed permitting the use of anything other than Gold or Silver
Coin as lawful currency.
Tendering a debt however, is not the same as paying the debt. The debt
remains; it is merely tendered.
The area over which Emergency powers may be declared can cover part
of a state (city or county), several states, or an entire nation, as is the case
today.
The single most dominant feature of all emergency powers government
is civil authority. Civil courts cease to exist, being replaced by courts with an
appearance of legitimacy, but without the substance in the form of equity
and admiralty.
236 Fruit from a Poisonous Tree
Court process and procedures are a mix of rules from previous lawful
courts and military courts. Traffic courts, for example, are courts of summary
court martial using military rules as applied to civilians. An example of this is
seen when defining so-called “traffic infractions.” “Infraction” is not defined
in most state codes, but is defined in “The Manual of Courts Martial” (1994)
Section (4) along with the terms “contempt,” “appeal,” etc., and in other
military source manuals. This by itself should tell us all something.
Emergency powers government varies in the degree of the emergency
declared. The most extreme form is called Martial Law. The benign, less
restrictive form is Martial Rule. Currently the U.S. is under the less restrictive
form called Martial Rule.
Martial law puts all major resources in an emergency power jurisdiction
– transportation, food, minerals, metals, communications, etc. – under
direct control of the nation’s armed forces and its Commander-in-Chief, the
President. A blizzard of Executive Orders have been issued, so that in the
event the President declares a National Emergency, all resources and citizens
come under the direct control of the Federal Emergency Management Agency
(FEMA) and the severe Martial Law form of governance.
In its raw sense martial law governs via a democracy, never in a republic.
“Military law” uses municipal law. Courts are draped with quasi-civil/military
forms of law, evidenced by draped military standards in courtrooms, i.e.,
the gold-fringed flag of the United States, mounted on a pole. Lawful civil
authority never flies flags, only banners, which are always hung from the
back of the flag with the red and white stripes hanging vertically. Banners are
never hung on a pole. Banners on a pole never represent civil authority, only
military authority on the march.
which centralizes military and law enforcement power under the Federal
government and the Commander-in-Chief, the President.
Though law enforcement officers may not know it, they are in fact a
force occupying the land for the Federal government. Our own neighbors
hold us the people hostage.
The reason why active duty Federal forces are stationed in all National
Guard Armories is obvious – to sustain the emergency powers control of
the states and counties by the Federal government and to maintain martial
rule in the hands of the President as Commander in Chief. By these means
the Federal martial rule government maintains “open, notorious, and hostile,
armed occupation of the land.”
Military law recognizes only municipal law. So, states had to create
municipal courts to punish “infractions” of Motor Vehicle Codes. Such courts
fly the flag of the Commander-in-Chief (solid fringed flag), as they are really
an arm or an extension of the power of the President. Their primary function
is to collect war reparations through fines, penalties, etc. They all operate as
quasi-military courts using summary court martial proceedings. This is why
such courts try only matters of fact and why judges make and declare law
on a case-by-case basis, without the controls of precedent or constitutional
restrictions.
Municipal Court judges do this because they act for the Commander-in-
Chief in the field under emergency conditions. Judges make any decision to
resolve the case under Doctrines of Necessity. In such courts, the Constitution,
Supreme Court decisions, and civil stare decisis are not permitted.
Under emergency powers the final authority is always the chief military
commander, who in this nation is the Commander-in-Chief, i.e., the military
office of the President of the United States. This accounts for Executive Order
landslides since F.D.R., who first declared – openly – his seizure of Emergency
Powers in March 1933, again, by Executive Orders. Executive Orders have
the force and effect of law when published in the Federal Register, and by this
means they become “Public Policy.”
Since under emergency powers there is no lawful, civil, or constitutional
authority nor any lawful civil courts, neither can there be any lawful civil or
administrative process. All emergency power process MUST BE DEFECTIVE
in form, content, and authority when such process is compared to lawful
Process and, defective as it is, it is valid in all cases except when abated.
Thus, all court appearances are VOLUNTARY, because the Process Rule
is: ALL DEFECTS OF PROCESS ARE CURED BY “VOLUNTARY”
APPEARANCE. Lawful or constitutional process has no bearing on the case.
In other words, it does not matter how many errors one finds in process
from emergency powers courts. If you appear, you inform the court that you
238 Fruit from a Poisonous Tree
Again, emergency powers courts have no lawful process because they have
no lawful authority. All process by such courts is, therefore, defective because
courts are forbidden to use lawful process unless and until voluntarily given
to them.
The real irony is that the U.S. government, in cooperation with the
States, created emergency powers courts to expand their power and increase
revenue. But by doing so, they have themselves become vulnerable to lawful
process.
Further, there is little they can do about it now without coming directly
into conflict with International Law. This is why the United States government
will never pull out of the United Nations, because the U.N. is the source of
the United States’ authority to protect itself under International Law.
The point is that one who brings properly written lawful process against
unlawful process must prevail.
Attorneys-at-law
support his declaration of war. His was the first “War Powers,” resurrected in
1917 and then again in 1933, and it has never been repealed since. The Federal
government’s use of the Constitution comes down to this: if Constitutional
cites fit a Federal need, they are used; if the Constitution or precedent does
not fit, it is ignored. In other words, the Constitution is optional to the
Federal government, because after all, you answer to the “Juristic Personality”
name, spelled in all capital letters, placing you in Equity jurisdiction without
the protection of the Constitution.
This is why so many Supreme Court decisions (“Right to Privacy” cases,
abortion rights, Social Security, etc.), for which there are no Constitutional
precedents, are made under the Doctrine of Necessity.
A “social agenda” is impossible without Doctrines of Necessity and
International Law to justify the imposition of emergency powers as a first
priority.
Remember that there was no Federal Social Security before passage of
the International Labor Organizations Treaty (1935). This Treaty mandated
a social consciousness and enfranchisement of the masses. This process of
Socialism began with the massive entitlements programs the people are
burdened with today.
A hidden Constitutional problem for Americans under emergency
powers is that all Constitutional Rights become “privileges” that, by necessity
and International law, can be given or taken away at whim.
Thus, in California v. Simpson, when Mark Fuhrman was called to testify
about the infamous tapes, etc., he replied to all questions with: “I wish to
assert my Fifth Amendment ‘privilege.’” Note that Furhman asserted no right,
only a privilege, using words given him by his attorney/agent of an emergency
power court. Privileges, being removable at the whim of the Commander-in-
Chiefs, tells us why Congress feels so free to modify Constitutional Rights
such as those in the Second Amendment, i.e., gun ownership, etc.
The remaining question is how are emergency powers and martial law, or
martial rule, terminated?
Emergency powers are terminated in only three ways:
1. A Commander-in-Chief can terminate emergencies by Executive
Orders. The emergency then ends on a specific date and time. But a lawful
civil authority must exist (UN?) to which he may cede authority. The past ten
Presidents have not seen the need to return the country back to the people,
and I don’t hold out much hope of there ever being a President of that caliber
who would do his duty.
2. If conquered by another, the conquering power can terminate
emergency powers by its own Executive Order or decree. This point
deserves some expanded discussion for reasons that will become clear below.
Remember, the U.S. is, by International Law and Supreme Court decisions,
Mel Stamper 241
a “foreign principal” with respect to the States. Further, Title II of the United
States Code, the Congress, is not positive law, only Resolution. This means
that a Title (USC) stands only until it is successfully challenged in the courts.
Why is this? Did not the Congress abandon without proper recess the first
Session during Lincoln’s administration in 1860? Does this not tell us why
the U.S. flag flies over all state flags since F.D.R.’s Executive Orders on
September 9, 1933? And is this not a sign of conquest over the states and the
people when taken in conjunction with the changes in the “Trading with the
Enemy Act” (1917) as amended 1933, language supplied him by the Federal
Reserve Inc.?
3. The people, if they restore lawful civil courts, processes, and procedures
under authority of “inherent political powers” and re-establish proper, civil
and “de jure” government, can terminate the emergency.
Abatements are a primary tool in achieving a peaceful and lawful
restoration of godly authority to this nation. You can see why abatements
are one of the most important tools the people have. If the people lawfully
resist any submission to emergency power courts, process and procedure, and
respond to unlawful paperwork with lawful process, emergency powers are
nullified, and become null and void, ab initio.
A question that may occur is: if the people restore lawful process and
procedure, how do they restore lawful authority in the courts?
The answer is, by re-forming lawful jural societies, using remedies
provided in the Bible, Christianity, common law, and assizing courts/juries in
conjunction with the grand jury where necessary.
On the subject of Biblical Law, we cannot forget that it is still
law and adopted as such by many states of the union. In Old
Testament law we find not just our moral law but also God’s rules
of restitution and the standard of law on which the common law is
based. Common law grew out of English, medieval ecclesiastical
courts, where the people had no access to the Kings’ Bench. In
the Christian churches the people found true justice based on the
Bible. More importantly, common law connects the Bible with the
Constitution of the United States of America and We the People.
CAUTION
exists no law; we have anarchy. That, I am afraid, is the state of the Union as
of today. In the famous case Elkins Et Al v. United States (364 U.S. 206), the
Supreme Court, in reinforcing judicial integrity, stated:
“In a government of laws, existence of the government will be imperiled
if it fails to observe the law scrupulously. Our Government is the potent,
the omnipresent teacher. For good or ill, it teaches the whole people by its
example. Crime is contagious. If the Government becomes a lawbreaker, it
breeds contempt for law, it invites every man to become a law unto himself,
and it invites anarchy.”
Perhaps the words “invites anarchy,” used by Justice Brandeis, should say,
“invokes the responsibility of the people,” by whatever steps necessary, to force
its agent, the government, into compliance with the law. It is possible that
in Justice Brandeis’ day he was correct, but that was a simpler time and the
government had not loosed the chains that the Constitution bound it down
with. Unfortunately the federal judiciary has opted out of the separation of
powers requirement of the Constitution and now has become self-regulating.
It has not worked and it never will.
The courts do not maintain their independence as a judiciary. The system
elevates judges above the law. Our courts are no longer courts of justice or
a bastion of freedom. They became the Executive’s tools with the passage of
the War Powers Act of 1933. The judges are little more than organized crime
families who have invaded the people’s court and now only impersonate
judges and give lip service to justice by exchanging obfuscation and sophistry
in place of a justice system, void of any form of judicial integrity. Enforcing
judicial standards on judges under this system is impossible. Even though
the court has rules, the judges make up their own rules as they go or break
the rules with impunity whenever it is convenient for them to do so. There
is much ado about trying alleged terrorists in a Military Tribunal or a Civil
Court system. I can assure you that today’s federal court is in fact a military
tribunal (Admiralty) and the way or method the “terrorists” will be treated is
substantially the same in both venues. In fact they probably have more due
process than we do because of media scrutiny.
Our patience and tolerance as the body politic of America for those who
pervert the fundamentally necessary and basic foundations of society has been
pushed to insufferable levels. These acts have fundamentally changed the form
and substance of the guaranteed republican form of government envisioned
by the framers of the Constitution. These individuals and organizations have
exhibited a willful and wanton disregard for the rights, safety and property
of others.
They have evinced a despotic design to reduce the American people to
slavery, peonage, and involuntary servitude, under a fraudulent, tyrannical,
244 Fruit from a Poisonous Tree
Statement of Grievances
My hope is that you now understand the gravity of our present situation
as a Nation. We are in deep trouble, and the only way out is to fight this
“New World Order.” We must not support those in favor of its creation. We
must fight their laws in court whenever we see evidence that it is rearing its
ugly head and as a last resort, if the Courts are so corrupted, in the streets.
If we permit these stooges of the internationalists, like senators Schumer
and Clinton of New York, to ban guns in this country, then what happened
in Nazi Germany and most recently in Kosovo will surely happen in America.
The fact that there exist over 200 million guns in this country scares the
daylight out of them. The only gun control we need is to hit what we shoot
at, and I think I have illuminated for you a target-rich environment. We, as
the guardians of our Republic, must in very short order take back from this
de facto government our Court of Common Law by the creation of jural
societies. The balance of our freedoms will follow once we again control the
courts and justice is available to us all without purchase. If we cannot achieve
our freedom by the rule of law, then the alternative is force of arms. That is
the way it has always been. I prefer the rule of law, but what will be, will be.
CHAPTER
THIRTEEN
ANOTHER PERSPECTIVE
247
248 Fruit from a Poisonous Tree
ANOTHER PERSPECTIVE
put, a subject of rights. The type is the individual human being as a natural
person and in modern law every human being as a natural person has also a
legal personality.
“A Juristic personality begins when the legal requirements for recognition
of a group of associates as a legal person have been fulfilled, and the law in
consequence clothes the association with the capacity of exercising a legal
control over or influence upon the acts of others. Natural personality, the
legal personality of the individual human being, begins upon birth and
survival of birth.”
When you get your birth certificate that is when the person with the
three names comes into existence; that is your remedy in equity.
If a person were to put all of his property under the name on the birth
certificate, that is written in upper and lowercase letters, that person’s property
would be protected and, if he doesn’t use a social security number, he and his
property will be protected from the government, because that is considered
in law as a foreign situs trust.
In Black’s, under “trust,” a subsection describes “foreign situs trust” as: “A
trust which owes its existence to foreign law. It is treated for tax purposes as a
non-resident alien individual.”
Many of us in this movement have heard that expression. But what we
didn’t know is that it is a trust, because all of equity is a trust.
Two types of birth certificates are issued. One is titled a “Certificate of
Live Birth.” It has the name written in upper and lowercase letters. Another is
titled a “Certification of Vital Records.” It is written in all upper case letters.
So when babies are born and get social security numbers, they very seldom
get Certificates of Live Birth, they get Certifications of Vital Records, and the
person identified on it in all capital letters is considered a vessel of the United
States owned in whole or in part by the United States. That is the Juristic
Personality or legal fiction created by the government.
The 14th Amendment to the Constitution for the United States created
the status of “person.” There are two constitutions. One is based upon law,
and one is based on equity. They re-wrote the Constitution shortly after the
Civil War, creating our constitution under equity.
There are many who go around arguing that a lot of the laws of the
United States are unconstitutional; however, that is patriot mythology.
Constitution, Article III, section 2, says:
“The judicial powers shall extend to all cases in law and equity arising
under this Constitution, the laws of the United States and the treaties made or
which shall be made under their authority, to all cases affecting ambassadors,
other public ministers and consuls, to all cases of admiralty and maritime
jurisdiction.”
Mel Stamper 251
“d,” small “c,” and that is the law side of the court. However, to get into that
court your status must be correct.
26 CFR 1.676A-1, Power to re-vest title to portions of the trust property
in grantor; general rule. If a power to re-vest in the grantor title to any portion
of a trust is exercisable by the grantor or non-adverse party or both, without
the approval or consent of an adverse party ...
That is the government. So you have the power to revoke the power of
attorney and re-vest and to terminate. You must do this on a government
form.
Summary
The name in all capital letters, however it is written, is the vessel of the
United States, and that is the trust. That is created where the government
owns that in part and you own part of it. What they always come after is their
part. That puts you in a fiduciary relationship for their part of this trust.
Your first and last name is written in upper and lowercase letters, the way
a proper noun is supposed to be written. That consists of two names. You will
find that under “name” in Black’s Law Dictionary, 6th Edition, page1023.
The name on the birth certificate with the three names written in upper
and lowercase letters is the foreign situs trust because equity deals only with
trusts. Trusts came out of equity. You do not put periods, comas, colons,
semi-colons or anything else, because every time you do something like that,
it is not the way it is written on the original birth certificate you change the
meaning of it. That is what they mean by title or appellation. Whenever you
do something that is distinctive and different, you change the meaning of it.
The next name is the name written in upper and lowercase letters with
an initial. That person comes into being on the W-4 form. The W-4 form
says, “Write your first name, middle initial and last name.” That is the trustee
who turns over the res to the federal government, because a trust is created
whenever property or money or title is transferred, and that is automatic.
There is another name, which is a corporate name, but we are not dealing
with corporations. You can have a corporation named after yourself, and that
is a separate entity, too. That is in all capital letters. Most corporations are
vessels of the United States, and that is why whenever you see “in personam,”
in personam is contractual, and the contract that got you into this was the
SS-5 SSA application.
Statutes at Large, Volume 48, 73rd Congress, Session 2, Chapter 756,
June 26, 1934. Under that section you will find that the trust is called #62
Mel Stamper 255
Puerto Rico Special Fund Internal Revenue. So Title 26 contains the laws of
the trust. In fact, all the titles are the laws of the trust.
“The funds appearing on the books of the government and listed in
subsection (b) and (c) of this section, shall be classified on the books of
the Treasury as trust funds. All monies accruing to these funds are hereby
appropriated and shall be disbursed in compliance with the terms of the
trust. Hereafter, monies received by the government as trustee analogous to
these funds named in section (b) and (c) of this section and not otherwise
herein provided for ...”
It gives the names of quite a few of the trusts, and #62 is the Puerto
Rican Trust.
Another section people want to look at is Title 31 Money and Finance,
sub-chapter 2, Administrative, §321, General Authority of the Secretary, and
#2 under that says:
“For the purposes of the federal income, estate, and gift taxes, property
accepted under paragraph 1 shall be considered as a gift or bequest to or for
the use of the United States.”
So all the monies that are given to the United States are from the trust and
they are gifts, because the trust that is created on the social security account
is a charitable trust, and the government is not taxing the individual; they are
taxing the trust because they cannot tax the flesh and blood person without
apportionment. So they are obeying the law, but we don’t know what the law
says.
Legal name. Under common law, consists of one Christian name and
one surname, and the insertion, omission, or mistake in middle name or
initial is immaterial. The legal name of an individual consists of a given or
baptismal name usually assumed at birth and a surname deriving from the
common name of the parents. – Black’s Law Dictionary on page 896.
A person who is the nonresident alien, or the person who is neither a
citizen nor resident of the United States, sui juris, is the Christian appellation
or the legal name (legal as opposed to equity).
The reason why I believe that is because it is that individual who is not
under a legal incapacity. The common law person is sui juris, outside of
equity, so he is the only one that can do this procedure. Another thing is the
address must be written in a foreign address because it is the law of domicile
which determines what laws are going to be applicable.
Most people, unfortunately, don’t know how they were born subject to
the jurisdiction of the federal government. Look up “born” in the dictionary.
We are thinking in terms of Webster’s Dictionary, not in terms of the legal
definitions, which mean something totally different. When you look up
“born,” you find the word “deliver.” When you look up “delivery,” it is when
256 Fruit from a Poisonous Tree
the res of your trust, the birth certificate (written in upper and lowercase
letters, not the one that is now in capital letters on the bank paper), is
transferred constructively to the Federal government.
In Am Jur, under “trust,” it says that whenever title or property is
transferred, a trust is automatically created by operation of law, regardless of
the intent of the parties. So, when you applied for a Social Security Card and
signed an SS-5 application with your birth certificate in upper and lowercase
letters, you transferred title, you created this new entity in all capital letters,
the Straw Man, Juristic Personality or legal fiction.
The proper designation in law for the straw man is found in Black’s Law
Dictionary, 6th Ed., on page 1142, definitions of “persons.” To understand
this even further, Black’s uses the word “entity.” When you look up “entity,”
it is defined on page 532 as “a real being, existence, an organization or being
that possesses separate existence for tax purposes.” So they got you to create
this separate being, this so-called straw man, person, entity, corporation,
trust, partnership, whatever, so they could tax that. That is the entity they are
taxing because they have no legal authority to tax the individual. The 16th
Amendment gave them no new authority to tax anybody.
The law says that when you do this, you are responsible for that vessel or
entity – the legal fiction. As an example, if you own a car, that is considered
in their law to be a vessel. That is because they brought the admiralty law on
shore so the government could get jurisdiction, because the government is in
admiralty jurisdiction. So if you have a car and it slips out of gear and hits
another car, they are not going to drag the vessel in, which is in all capital
letters; they are going to drag you in because you are responsible for that and
you own it.
Some people seem to think we do not own this thing, and we do own it.
The government owns it only constructively, not actually.
Title 26 U.S.C. 676(a), A grantor [that’s the guy who created this trust]
shall be treated as the owner of any portion of a trust, whether or not he is
treated as such owner under any other provision of this part, where, at any
time, the power to re-vest in the grantor title to such portion is exercisable by
the grantor or non-adverse party, or both.
So the law says you have the power to change this situation and to revoke
that situation at any time.
National Law Library, Volume IV, Business Law, by Nathan Isaac, talks
about the different kinds of law that must be dealt with: contract, agency,
corporation, and trusteeship. One not mentioned here is admiralty, which
is insurance. That is where the Social Security comes in that puts us in
admiralty. It says each one of those things must be dealt with, if you have
contracts, on each level.
Mel Stamper 257
highways and their business and contracts – that it is not the number that
gets you in trouble; it is the documentation.
Oddly enough, the government has a form to cancel the documentation
or the SS-5 application. They think it is very important to cancel the
application. It says nothing about the number. When you apply for Social
Security, it does not say on the SS-5 that you are applying for a number; it
says you are applying for a card, or the documentation..
So unless you get rid of the documentation, and there is a form to do
that (however, it must be done in the correct way), then you are subject to
the obligations. And if anyone wants to see what the documentation is, they
even define what documentation is, and here it is. You will find it in the same
thing, Benedict on Admiralty, section 783.41: “Numbered vessels.” And in it,
it says it is not the number that does you in; you need a number to operate
in admiralty.
So the straw man is a person, corporation, trust, and all those things,
which are considered vessels or entities – real beings possessing separate
existence for tax purposes. And you create that entity when you sign up
for Social Security. That is when you created the straw man. You created it,
they did not, and the law says you created this when you walked in and you
transferred title. Another thing about the document of title: I believe there
are two birth certificates. There is the one they give now, which is on the bank
note paper. I believe that one you actually transfer title. The previous ones
written in upper and lowercase letters are certificates of live birth, versus those
new ones you get now, which are documents of title that you still hold, but
what it says is you transferred it constructively. When you look up “delivery,”
it says it is not actual transfer; it is constructive delivery of the trust. It is
constructive, not actual, so you still have title. And at all times you have the
power to revoke. Oddly enough, there is a law that says you can revoke this
fiduciary relationship of principal and agent that you got yourself into.
You now have much of the story of the treason, which has been foisted
upon you. It is now up to you.
THE END
EPILOGUE
The primary reason for the existence of any government is the protection
of its citizens with all of their alienable rights intact. After the events of
September 11, 2001, a Johnny-come-lately federal government now wants to
furnish us the protections we should have enjoyed before the tragic reality of
the thousands of dead in New York, Pennsylvania and Washington, D.C.
I have some concern with regard to the plane that crashed into the
Pentagon. During my stint as a pilot, I must say I was rather hard on military
equipment. After several crashes (none of which were my fault, mind you), I
can say that I have some experience in reviewing a crash site for evidence of
the event. In reviewing hundreds of photos of the scene, I could not locate
any of the fuselage, wings, tail section or landing gear of the doomed aircraft.
I know there was a fire, but there is always a fire at crash sites and still there
are remnants of the aircraft, but not this time. Strange.
The Congress was quick to grant the President sweeping power in his
war against Terrorists around the world via their overwhelming adoption of
the “Patriot Act.” If the provisions contained within the act were applied
only against aliens suspected of terrorist activity in this country, then there
might be some justification for some of the incomprehensible authority now
permitted law enforcement. That act can and will most likely be used by all
agencies of government to invade all citizens’ constitutional protections, not
just foreign terrorists. Anyone who dares to exercise the 1st Amendment right
of free speech in speaking out against government policy can be denigrated
by the government and labeled a terrorist. If you seek privacy protection in
the form of a trust, you can be labeled a terrorist hiding his money. Any
attempt to question the fairness of a tax can get you labeled a terrorist. That is
the way it has always worked in fascist societies; ours is no exception.
The Constitution for the United States has been a dead letter ever since
the 1933 passage of the War Powers Act. But the federal beast has permitted
its use by defendants in court when it suited their purpose; it is otherwise
optional to them. Now, however, even the pretense of constitutional
protection is lost under the Patriot Act. Telephones can now be monitored,
homes can be searched and property seized, all without a warrant or without
judicial inquiry. The definitions of “terrorist” are left up to the Attorney
General, the President, or the corner cop on the beat.
When, not if, there is another catastrophic event, be it terrorist-related,
economic, or manufactured by the government, the President will impose
259
a national emergency and Martial Law will be imposed on us all. All of the
Executive Orders beginning with Jimmy Carter will be put into motion; the
Federal Emergency Management Agency (FEMA) will be, in-fact, the rulers
of this country, and we will all obey their every command or we will be either
imprisoned or executed.
The newly formed Agency of Homeland Security will assume the role of
the Gestapo of WW II in Germany and will undoubtedly employ many of the
same tactics. With our military off fighting in all corners of the world, they
won’t be able to help us if the President declares Martial Law and enforces
it with UN troops and Homeland Security personnel. Those soldiers from
mostly Eastern European countries hate the United States and our way of life
and would not hesitate to put a bullet between the eyes of anyone who does
not follow their orders to the letter.
Upon review of some of the Executive Orders already in place, control
of food and food processing and its distribution is one that stands out in my
mind as the most perplexing. It is a well-known maxim of warfare that if you
can deny your enemy food, the battle is won. A hungry soldier or a hungry
patriot will do what ever his captor demands if he is promised food. It is
amusing to me that there is federal law prohibiting the hoarding of food. It is
a felony. I wonder why Congress ever thought a law of that type was needed
in a land of bounty where all are free? I will let you ponder that question
also.
I will list a few of the Executive Orders already issued which, as public
policy have the force and effect of law, so that you can submit Freedom of
Information Requests to confirm what I write.
EO 10995 provides for the takeover of the communication media.
EO 10997 provides for the takeover of all electrical power, petroleum,
gas, fuels and minerals.
EO 10998 provides for the takeover of all food resources and farms.
EO 10999 provides for the takeover of all modes of transportation,
control of highways and seaports.
EO 11000 provides for mobilization of all civilians into work brigades
under government supervision.
EO 11001 provides for the takeover of all health, education and welfare
functions.
EO 11002 designates the Postmaster General to operate a national
registration of all persons.
EO 11003 provides for the takeover of all airports and aircraft.
EO 11004 provides for the housing and finance authority to relocate
entire communities, designate areas to be abandoned and establish new
locations for populations.
260
EO 11005 provides for government to take over railroads, inland
waterways and public storage facilities.
Richard Nixon in Executive Order 11490 combined all of these listed
orders into one neat little package. In that order, FEMA, the “Federal
Emergency Management Agency,” would be responsible for carrying out all
of these orders against the American people.
President Reagan signed EO 12656, further eroding the rights of
Americans under guise of a national emergency. Reagan’s order defined such
an emergency as any occurrence including natural disaster, military attack,
technological emergency or OTHER EMERGENCY that seriously degrades
or seriously threatens the national security of the United States.
President Clinton signed EO 12919 on June 3, 1994, streamlining
the organizational control by his cabinet members and redefining FEMA’s
role in such a takeover. The EO, as I received it, does not contain the entire
Order. The substantive portions of the Act (Sections 700 and 800) have been
omitted from the public view. MY inquiry into the missing sections resulted
in a refusal as it is considered Top Secret and a National Security interest.
These sections outline what may be done to us, WE, THE PEOPLE, if we
are in violation of the Order.
Now we have President Bush with a different agenda or another path
to the same objective as his father – one world government. This time the
excuse given for the nefarious legislation known as the Patriot Act is that the
terrorists must be stopped at all costs, even the cost of our liberty. Why does
the rest of the World believe that America is wrong in its foreign policy? Is
it possible they are right and the reason for the terrorists is that misguided
foreign policy?
NOTE
261
office.” Shortly after the “bank holiday” in 1933, hush-hush orders from the
White House suddenly demanded that all copies of this book be withdrawn
from the Government Printing Office and the Army posts, to be suppressed
and destroyed without explanation. This was the beginning of the complete
Communist control of the Government from within, not from without.
CITIZENSHIP
CITIZENSHIP Democracy:
CITIZENSHIP Republic:
262
the World. A republic is a form of government under a Constitution, which
provides for the election of:
(1) an executive and (2) a legislative body, who working together in
a representative capacity, have all the power of appointment, all power of
legislation, all power to raise revenue and appropriate expenditures, and are
required to create (3) a judiciary to pass upon the justice and legality of their
government acts and to recognize (4) certain inherent individual rights.
Take away any one or more of those four elements and you are drifting
into autocracy. Add one or more to those four elements and you are drifting
into democracy.
Atwood. Superior to all others. – Autocracy declares the divine right
of kings; its authority cannot be questioned; its powers are arbitrarily or
unjustly administered. Democracy is the “direct” rule of the people and has
been repeatedly tried without success. Our Constitutional fathers, familiar
with the strength and weakness of both autocracy and democracy, with fixed
principles definitely in mind, defined a representative republican form of
government. They made a very marked distinction between a republic and
a democracy and said repeatedly and emphatically that they had founded a
republic.
By order of the Secretary of War: C.P. Summerall, Major General, Chief
of Staff. Official: Lutz Wahl, Major General, The Adjutant General.
263
Westbrook Pegler: New York Journal American, January 25th and 26th,
1951, under the titles – Upholds Republic of U.S. Against Phony Democracy,
Democracy in the U.S. Branded Meaningless.
“This idea that government was beholden to the people, that it had no
other source of power is still the newest, most unique idea in all the long
history of man’s relation to man. This is the issue of this election: Whether
we believe in our capacity for self-government or whether we abandon the
American Revolution and confess that a little intellectual elite in a far-distant
capital can plan our lives for us better than we can plan them ourselves.”
(Ronald Reagan’s Speech at the 1964 National Convention: A Time for
Choosing).
It would appear that we do indeed have a Democracy and not the
Republic, which was guaranteed by the organic Constitution. We, as the
collective Sovereign of the United States of America, are responsible for the
present day state of affairs. For several generations we were not attentive
to those whom we elected to public office. Now is the time in which we,
with extreme urgency, must all consolidate our displeasure with events and
demand in the strongest terms possible under the Rule of Law that this
country be returned to us and taken out of Bankruptcy – that the fiat money
scheme of the Federal Reserve be abolished and the country returned to the
republican form of government with the constitutional monetary system and
common law as is mandated by the Constitution for the United States. If we
do not, then history will note our shameful ignorance and deplore our very
existence.
All United States Presidents after Andrew Jackson to the present, in my
opinion, were supporters of a one-world socialist government. They have
answered to their master, the International Bankers and owners of the Federal
Reserve, not the American people.
As the citizens of this country continue to suffer unemployment, a
result of the NAFTA and GATT treaties; economic weakness, a result of
the monetary policy of the Federal Reserve Bank, Inc.; and a deprivation of
their personal liberty, a result of the government’s alleged war on drugs and
terrorism, the ultimate battle for freedom or slavery will soon begin. If it is
not fought by our generation, then our children or grandchildren will wage it
and it will be more costly than we can imagine for them, but as all of human
History reveals, the battle will be fought and fought soon.
If I have induced you into thought about our present circumstance as a
nation, then that is all I can ask. I have done my job. Now it is time for you
to do yours.
264
(Endnotes)
a United States v. Cruikshank, 92 U.S. 588, 540 (1875)
i 26 USC 1321(e)(I)(2)
j U.S. Ohio, 324 U.S. 652, 65 S.Ct. 870,880, 89 L.Ed.
1252.
k 182 U.S. 1
l 182 U.S. 244
m 258 U.S. 298
n Tax Commissioner of Ohio, 324 U.S. 652
o 240 U.S. 1.
p 2nd Session, as recorded in the Statutes At Large,
December 5, 1859 to March 3, 1863 at Chapter CXX, page 489.
q [Fowler v. Chillingworth, 113 So. 667, 669
(1927)]
t 26 C.F.R. 1.911-2(g))
u T.D. 2313, 26 C.F.R. 871, and 26 U.S.C. 1461
v 26 C.F.R. 1.911-2(h)
w 26 C.F.R. 871-5, 6 and 12 and 1.932-1
265
x 26 U.S.C. 911(a)(1)
y 26 C.F.R. 1.932-1(b), IRS Form 2555
z 26 C.F.R. 1.871-71(d)(2)
aa Title 26 U.S.C. 3121(e) (1)
ab Title 26 U.S.C. 7701(a) (9)
ac Omnibus Acts at 86th Congress, 1st Session, Volume
73, 1959, and 2nd Session, Volume 74, 1960, Public Laws 86-70
and 86-624.
ad 22. cf. 1 USCS 1, “Other Provisions”
af 28 U.S.C. §1746
ag 6 U.S. 445, 1 Cranch 445, 2 L.Ed 332
ah inclusio unius est exclusio alterius
ai Form 668-A Notice of Levy.
aj 26 U.S.C., § 911(b) and 911(d)(2)
ak IRS Form 2555
al 26 C.F.R. 1.911-2(h)
ap 26 C.F.R. §1.871-8
aq 26 U.S.C. 6020(b)(1)
ar Treasury Decision 2313 and 26 C.F.R. 1.1461-3
266
FRUIT FROM A POISONOUS TREE
His first book, “High Priests of Treason,” was just the beginning, and
this appears to be the culmination of all of his efforts. The “Fruit From
a Poisonous Tree” will linger in your thoughts for months, if not years, to
come. Guaranteed.
Thanks to the “Patriot Act,” the average American now has no freedom
from having government agents strip-search his children, rummage
through his luggage, ransack his house, sift through his bank records, and
trespass in his fields. Today, a citizen’s constitutional right to privacy can be
nullified by the sniff of a dog.