Stating Your Claim Part II

Vengeancia (updated May 1, 2013) “In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the words “person”, “human being”, “child”, and “individual”, shall include every infant member of the species homo sapiens who is born alive at any stage of development.” 1 USC Section 8. Check out this PDF from SEDM, Meaning of the words, “Include” and “Including.”

Corporations serve the people. Unfortunately, there are no more real people outside of the elite few at the top, the 1%.
Corporations serve the people. Unfortunately, there are no more real people outside of the elite few at the top, the 1%. Most have consented to be legal fictions and subjects.

A Human Being=Person=Corporation=Child. Clearly , there are no real men and women allowed here. Wikipedia says that a “species” is a subset of “life.” But these are all dead legal fictions! So, where does a real “people,” a real man or woman, stand relative to this system of definitions? Are we really cattle?

“The legal/lawful dichotomy is one the more controversial aspects of freemanism since for many, the two words mean one in the same thing. At the beginning of the 21st century, children are still taught at school that the Statutes are the Law, and many of those who go on to practice in the legal profession will fail to consider the implied contradiction of the “law” being ‘unjust.’ ” Read more.

Freeman on the Land, Dean Clifford explaining two jurisdictions.
Freeman on the Land, Dean Clifford explaining two jurisdictions.

Read Trust is Everywhere! It’s Your Relationship! Express it! Also check out Natural-Person by Mary Elizabeth Croft. Take a look at her site, Spiritual Economics. Check out Just Steve.

“Thanks to the Identity Theft and Assumption Deterrence Act, identity theft and fraud is recognized as a federal crime. Violations of the federal crime are investigated by federal law enforcement agencies, including the U.S. Secret Service, the FBI, the U.S. Postal Inspection Service, and the Social Security Administration’s Office of the Inspector General…” Read about the Voodoo Dolls of the Elite.

“When a defendant pleads nolo contendere he waives all non-jurisdictional defects in the proceedings against him. Williamson v. Alabama,441 F.2d 549 (5th Cir.1971); Williams v. Wainwright,604 F.2d 404 (5th Cir.1979). The misspelling of a victim’s name in an indictment charging murder is unquestionably a non-jurisdictional defect.” Read JOHNSON v. ESTELLE 704 F.2d 232 (1983) United States Court of Appeals, Fifth Circuit. May 6, 1983.

“All law in America is based on the status of the individual…How can status be determined if it is not pleaded?” Check out The History of American Constitutional or Common Law With Commentary Concerning Equity and Merchant Law. I’m working on this article, Vessels, Trusts, Zip Codes, etc.

“If he be able to fight with me, and to kill me, then will we be your servants: but if I prevail against him, and kill him, then shall ye be our servants, and serve us.” 1 Samuel 17:9

Who's law will determine how disputes will be resolved?
Who’s law will determine how disputes will be resolved?

“The Alliance of the Libertarian Left is a multi-tendency coalition of mutualists, agorists, voluntaryists, geolibertarians, left-Rothbardians, green libertarians, dialectical anarchists, radical minarchists, and others on the libertarian left, united by an opposition to statism and militarism, to cultural  intolerance (including sexism, racism, and homophobia), and to the prevailing corporatist capitalism falsely called a free market; as well as by an emphasis on education, direct action, and building alternative institutions, rather than on electoral politics, as our chief strategy for achieving liberation.” Read more.

The “Name” Is The Mark Of The Beast The Strawman Identifying Your Slave Status In “The System”  By Arthur Cristian.

“The conceptual structure of state-court jurisdiction established by Justice Field in Pennoyer v. Neff with its inquiry into the “power” or “authority” of the state over a particular person, thing, or intangible continues to dominate the American law of jurisdiction. While the bases for in personam jurisdiction have undergone extensive reevaluation with the advent of International Shoe Company v. Washington and the interest analysis approach to personal jurisdiction, the Pennoyer dichotomy of jurisdiction in personam and in rem persists, and the questions of fairness to the defendant and reasonableness of the forum which presently predominate the consideration of personal jurisdiction are put aside when the courts turn to jurisdiction in rem.” Jurisdiction in Rem and the Attachment of Intangibles: Erosion of the Power Theory

LEX FORI, practice. The law of the court or forum.
2. The forms of remedies, the modes of proceeding, and the execution of judgments, are to be regulated solely and exclusively, by the laws of the place where the action is instituted or as the civilians uniformly express it, according to the lex fori. Story, Confl. of Laws, Sec. 550; 1 Caines’ Rep. 402; 3 Johns. Ch. R. 190; 5 Johns. R. 132; 2 Mass. R. 84; 7 Mass. R. 515; 3 Conn. R. 472; 7 M. R. 214; 1 Bouv. Inst. n. 860.

The positive law of the state, nation, or jurisdiction within which a lawsuit is instituted or remedy sought.…The lex fori, or law of the jurisdiction in which relief is pursued, governs all procedural matters as distinguished from substantive rights.More.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856. Learn more about the Forum Selection Clause.

“The forum-selection clause, which was a vital part of the towing contract, is binding on the parties unless respondent can meet the heavy burden of showing that its enforcement would be unreasonable, unfair, or unjust.” The Bremen v. Zapata Off-Shore Co., 407 U.S. 1 (1972)

“At early common law the attachment of property was a coercive device employed by the courts of common pleas to acquire jurisdiction over a defendant. The attachment of his possessions compelled his appearance since if he chose to remain outside the court’s jurisdiction or would not furnish sureties for his appearance the seized property was forfeited.” Recent Decisions, 25 Fordham L. Rev. 127 (1956).

“…the conflict of laws has not done well, has not dealt kindly with arbitration; the myth of the ouster of jurisdiction still survives, and voices are still raised against the economic powers making “their own” law. As for the rest of the courts and writers, either a studied neglect or a calculated confusion remains.” The Conflict of Laws in Commercial Arbitration

“At common law, a particular rule of foreign law must be proved afresh each time it is pleaded, because the foreign law may have changed since the previous occasion on which it was proved to and accepted by an English court…where any question of foreign law has been determined in any …court other than one which can take judicial notice of foreign law, then any finding made or decision on that question in the earlier proceedings shall, if reported or recorded in citable form, be admissible in evidence in proving the foreign law, and this will be taken as established unless the contrary is proved…A foreign statute or law cannot be put before the court without an expert to explain it, nor can books of authority or decisions of courts, since they might require interpretation to enable the court to understand them correctly. The required method of proof is by expert witnesses.” Conflict of Law by J.G. Collier

“Parties who memorialize agreed-upon rights and obligations in contracts generally do so to impose enforceability on their agreements. A written contract assists somewhat in clarifying the parties’ expectations. However, different forums may reach divergent interpretations of a written contract. In a multi-state or international agreement, in which personal jurisdiction and proper venue exists in many places, it may be impossible to predict where a plaintiff will file suit. To reduce this uncertainty, control litigation costs, and minimize potential tactical advantages to plaintiffs, sophisticated parties may bargain over the situs of future litigation when negotiating the contract. A contractual clause that establishes which forum will hear disputes arising from the contract commonly is known as a forum-selection clause.” Toward a Rational System of Forum Selection Clause

Obama and his mighty band of fellow pirates have boarded our sovereign ship! All hands on deck!
Obama and his mighty band of corporate pirates have boarded our sovereign American ship! All hands on deck!

Everybody listen to me, And return me, my ship
I’m your captain, I’m your captain, Though I’m feeling mighty sick
I’ve been lost now, days uncounted, And it’s months since
I’ve seen home Can you hear me, can you hear me Or am I all alone?
If you return me to my home port I will kiss you, mother Earth
Take me back now, take me back now
To the port of my birth

Grand Funk Railroad, I’m Your Captain

“People usually fight about the enforceability of a particular forum-selection clause — not whether it exists at all. Those clauses are usually tested under a somewhat deferential due-process framework that looks to whether enforcement of the clause as written would be fair. That’s the framework that the trial court used. It concluded that it would be unfair to enforce a forum-selection clause absent proof that it had been shown to the other side. And it placed the burden of proof on IPA to show that the page had been presented. The Texas Supreme Court disagreed. It granted mandamus relief, holding that forum-selection clauses need not be specifically pointed out to be enforceable.” Read more.

“It may be added in this connection, that to put at rest all doubts regarding the applicability of the Constitution to the District of Columbia, Congress by the act of February 21, 1871 (16 Stat. at L. 419, 426, chap. 62, 34), specifically extended the Constitution and laws of the United States to this District.” DOWNES v. BIDWELL, 182 U.S. 244 (1901)

“I knew where to look when I read the Downs v. Bidwell decision in 1997: The first civil governor of Puerto Rico established five bureaus in the Puerto Rico Dept. of Treasury on May 1, 1900. ” Who and What is the IRS? Also read 31 Questions and Answers About the IRS by Paul Andrew Mitchell.

“The date is February 21, 1871 and the Forty-First Congress is in session. I refer you to the “Acts of the Forty-First Congress,” Section 34, Session III, chapters 61 and 62. On this date in the history of our nation, Congress passed an Act titled: “An Act To Provide A Government for the District of Columbia.” This is also known as the “Act of 1871.” What does this mean? Well, it means that Congress, under no constitutional authority to do so, created a separate form of government for the District of Columbia, which is a ten mile square parcel of land.”

from THE UNITED STATES ISN’T A COUNTRY, IT’S A CORPORATION!
by Lisa Guliani. on this Serendipity website sometime prior to February 2004. here.

“We should be thankful that America started off as a constitutional republic, but that was long ago. Today we live under a democratic oligarchy in which the masses are hypnotized into believing they control their political destiny because they are allowed to elect their own dictators. This conversion did not happen because of how government was chartered but because collectivists took control of political parties, media centers, educational institutions, and all other power centers of society. As long as collectivists remain in control, and as long as most people don’t even know what the word collectivism means, it makes no difference if government has a constitutional or a corporate charter. Freedom is lost either way.”

from IS THE UNITED STATES GOVERNMENT A CORPORATION?
by G. Edward Griffin. Revised 2007 December 17. here.

“Failure to state a claim is frequently raised as a defense in civil litigation. The successful invocation of this defense will result in the dismissal of the case.” Read more. Restore the republic here.

“Who is the sovereign, de jure or de facto, of a territory is not a judicial, but a political question…” Read about Jones v. United States, 137 U.S. 202 (1890). Check out DISTRICT OF COLUMBIA v. THOMPSON CO., 346 U.S. 100 (1953) . Check out BYARS v. U. S., 273 U.S. 28 (1927). Check out Crandall v. State of Nevada – 73 U.S. 35 (1867).

WHAT’S NOT IN COMMERCE? Life: a man’s spirit; Liberty: a man’s body; Property: a man’s land.

“Mercis appellatione homines non contineri.” Under the name of merchandise, men are not included. Bouvier’s Law Dictionary and Concise Encyclopedia, Volume 2

“Liberum corpus æstimationem non recipit.” The body of a freeman does not admit of valuation. Bouvier’s Maxims of Law.

Are you operating within a foreign-trade zone? Read about Zip Codes.

“The Board is authorized, subject to the conditions and restrictions of this chapter and of the rules and regulations made thereunder, upon application as hereinafter provided, to grant to corporations the privilege of establishing, operating, and maintaining foreign-trade zones in or adjacent to ports of entry under the jurisdiction of the United States.” “Each port of entry shall be entitled to at least one zone.” Read 19 USC § 81b – Establishment of zones.

Check this out: Executive Order 12803 – Infrastructure Privatization April 30, 1992

The Case Against the Fed by Douglas E. French • November 1995 • Vol. 45/Issue 11 here. Introduction to Basic Legal Citation (online ed. 2011) by Peter W. Martin here. Check out the Bluebook Legal Citation Guide.

United States, US, U.S., USA, America, means: (A) a federal corporation . . . Title 28 USC Section 3002(5) Chapter 176. Check out the excellent resource at USA vs US. Also check out The Federal Zone, Chapter 4: The Three United States here. The Federal Zone, Chapter 11: Sovereignty here. Get a hard copy of the book from Paul A. Mitchell. Here are the Appendices, online.

Reports of Supreme Court Cases Argued & Adjudged, Jan. 1833 here.

Lots of cool stuff re: Barron v Baltimore 32 U.S. 243 here.

“The Tenth Amendment to the U.S. Constitution reads, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.” That plain language, approved by two-thirds of the House and two-thirds of the Senate and ratified by three-quarters of the states, has never been formally repealed. Yet the Supreme Court has effectively tossed out the Tenth Amendment in favor of its own judicially-created “incorporation” doctrine, which has never been publicly debated or approved by the people of the United States.”Read more.

“The IRS is not a U.S. Government Agency. It is an Agency of the IMF.” From Documents Explaining What Has Happened to Us.

“The sneaky and manipulating International Bankers would not lend money to our financially troubled nation without some stipulations. They came up with a devious scheme to gain control over the country that they had desired for a long time. The Founding Fathers detested these Foreign Entities and kept them at bay until the Act of 1871 was passed.” Read more.

“Waiver and Consent. Ramsay v. Allegree – 25 U.S. 611 (1827) decision; this is why, if you do not go into the court, they arrest you, use coercion to bring you into the court to make you make a general appearance so they can get venue, not jurisdiction.  Venue is territorial.  Your zip code identifies your military venue under the guise of the IRS.  They want you to come into the court and ID yourself, which gives them venue; then they assess your obligation under the contract so formed.  The presumption is that you are the Debtor.” Read more at Four Winds.

“In short, admiralty in rem jurisdiction of the federal court and the USMS authority to arrest vessels is limited to vessels and/or cargo physically within the territorial jurisdictional authority of the district.” Read more at U.S. Marshals Service.

So, in summary, you, the FOTL, do NOT live IN the district….you live ON the land. Read about how to send and receive mail between sovereign people and states on the land here.

“It shall  be unlawful  for any Federal,  State  or local government agency to deny to any individual any right, benefit, or  privilege  provided  by  law  because  of  such individual’s refusal to disclose his social security account.” Read more.

“It is not possible to arrest people for statutory offenses under the common law. The government is operating under Admiralty law when they arrest ‘persons’ for statutory offenses. This is considered an ‘in rem’ action against a vessel. All bankruptcy seizures are also considered ‘in rem’ actions. Thus the title of the court case “In re Maxwell” means it is in rem. Therefore, it is considered that bank foreclosures, traffic tickets and other government arrests are only “notices of interest” or “notices of lien” based on secret maritime liens that have no proof and are rebuttable with a counterclaim. Therefore a recorded maritime lien would be a valid counterclaim as an affirmative defense against those “notices of interest”. Enforcement of maritime liens is discussed in 28 USC 1602 to 1611, which is the Foreign Sovereign Immunity Act. Since a “person” is defined as a “foreign state” and owner of a vessel, these statutes describe daily life in the UNITED STATES.” Read more at Love for Life.

General Concepts of Jurisdiction Subpart 3 (A) Article 3.1. Definitions of Jurisdictional Terms. For purpose of this Title: Claim of nationality or registry. Includes only:

(A) possession on board the vessel and production of documents evidencing the vessel’s nationality;

(B) flying a nation’s ensign or flag; or,

(C) a verbal claim of nationality or registry by the master or person in charge of the vessel.

Read more.

“Maritime liens are quite unique in the law. The existence of maritime liens rest on the principle that a vessel is a legal entity itself, apart from its ownership. The lien is not a security interest arising from the personal obligation of the vessel’s owner or operator under a contract, but instead the vessel itself owes obligations that may be breached. As a consequence, the law of maritime liens is a confusing mix of federal statutes and case law.” Read more. Read about Commercial Instruments and Maritime Liens.

“Maritime liens are ancient encumbrances on vessels under Admiralty Law to enforce the payment of debts. Merchants and governments like admiralty law because it provides less rights to a debtor than the common law. Because ships can sail out of a jurisdiction, the merchants needed swift execution to collect debts. Therefore a creditor can have a vessel arrested by the police without any proof that the debt exists and without filing the lien. This is called an “in rem” action, in which the vessel or its cargo is seized without any proof.” More.

46 USC § 31342 – Establishing maritime liens

(a) Except as provided in subsection (b) of this section, a person providing necessaries to a vessel on the order of the owner or a person authorized by the owner—

(1) has a maritime lien on the vessel;

(2) may bring a civil action in rem to enforce the lien; and

(3) is not required to allege or prove in the action that credit was given to the vessel.

(b) This section does not apply to a public vessel.

Each 'strawman' birth certificate is considered to be a fictitious person, a second-class citizen, a corporation "Vessel of the United States"
Each ‘strawman’ birth certificate is considered to be a fictitious person, a second-class citizen, a corporation “Vessel of the United States”

“ATTENTION CITIZENS! The enemy is once again at our very doors, it behooves every man to come forward and assist in defending his home…” Check out these historical autographs.

Hmmm….the Council on Foreign Relations reports that “Maritime piracy has been on the rise for much of the past decade…” We would have to agree. More. Everything you ever wanted to know about pirates here.

“The UNITED STATES corporation now uses your birth certificate, filed as a registered security with the United States Department of Commerce as collateral to secure credit from the world bank; England’s private bank, thus making you liable for the national debt. Each ‘strawman’ birth certificate is considered to be a fictitious person, a second-class citizen, a corporation “Vessel of the United States” that was voluntarily applied for by the parents and created by the Birth Registrar of the State, another corporation “Vessel of the United States”, For the purpose of securing the national debt.” Read more at CH&F. Read the Admiralty and Maritime Law Guide.

Prepare to be boarded!
Prepare to be boarded!

“Except as provided by the Secretary, when an instrument transferring an interest in a vessel is presented to the Secretary for filing or recording, the transferee shall file with the instrument a declaration, in the form the Secretary may prescribe by regulation, stating information about citizenship and other information the Secretary may require to show the transaction involved does not violate section 56102 or 56103 of this title.” 46 USC § 31306 – Declaration of citizenship

“A maritime lien gives a provider of fuel, repair services etc. an automatic lien on the ship to which the the services were provided….Similar liens exist in other industries. For example, all states have statutes giving a contractor who installs a roof, sods a lawn or repairs a furnace a “mechanic’s lien” on the real estate…A major difference between a federal maritime lien and these state liens is that under federal maritime law the lien does not have to be recorded anywhere…and there is no strict timeline for suing to enforce the lien.” Read more.

Could it be that an American baby’s birthright on the land is transferred into a “vessel” that sails on the current-sea, U.S. navigable waters? Could it be that this birth certificate/vessel has been seized by the banksters, to hold in trust until the U.S. debt is paid? Could it be that the name of this vessel is the name on the birth certificate, and on credit reports, and on the driver’s license, etc., shown in all in caps? Could it be that the banksters allow people mere equitable use of this vessel as long as it is behaving itself?

Who are the “providers of fuel,” etc., to the vessel while it’s being held in trust? Could it be these are the police, judges, attorneys, bail bondsmen, prison wardens….etc.? If so, doesn’t providing these “services” grant to these public so-called “servants” SECRET liens?

It's a water world! The U.S. Corporation is the Titanic, the U.S Citizen is a vessel, and you, the real man or woman, are sitting in this vessel.
It’s a water world! The U.S. Corporation is the Titanic, the U.S Citizen is a vessel, and you, the real man or woman, are sitting in this vessel.

“I realize there are several threads about the Titanic, but I would like the opportunity to prove why I’m now convinced that this theory is fact. Thank you for allowing me to state my reasons. The Titanic tragedy is also closely linked to 9/11, the Federal Reserve, the New World Order, the Illuminati, and the fact that the U.S. and world are run by the banks.)  A few years ago, I’d read about the conspiracy theories surrounding the sinking of the mighty, indestructible Titanic. It seemed very plausible to me and the coincidence of the Federal Reserve being born shortly thereafter was extremely strange. If you hadn’t heard it before, here’s the conspiracy theory in a nutshell.” Here.

Are you a sailing ship? Of course not! Perhaps we HAVE a vessel, but we surely cannot BE a vessel. The United States corporation has no more authority to implement its laws (codes, statutes, ordinances) against “We the People” than does Wal-Mart, except for the contracts we sign. When we agree to BE the ship, we agree to BE the collateral for the bankrupt United States corporation. Read about In Rem proceedings. Download this PDF, Admiralty and Maritime Law by Robert Force. Check out the Benedict on Admiralty Desk Reference.

“What is the time at which he [a foreign sovereign] can be said to elect whether he will submit to the jurisdiction? Obviously, as it appears to me, it is when the Court is about or is being asked to exercise jurisdiction over him, and not any previous time. Although up to that time he has perfectly concealed the fact that he is a sovereign, and has acted as a private individual, yet it is only when the time comes that the Court is asked to exercise jurisdiction over him that he can elect whether he will submit to the jurisdiction. If it is then shewn that he is an independent sovereign, and does not submit to the jurisdiction, the Court has no jurisdiction over him.” Read more at Leading Cases on Intl. Law. Check out Pleading and Practice of the High Court of Chancery.

“Reclaiming the legal ownership of your persona (straw man) acts as an ‘equitable estoppel’ to any and all who come against you in commerce and law…

If you do not reclaim your legal Rights of title and ownership to your persona, which makes you the Creditor and absolute sovereign ruler of your ‘straw man,’ you will not be sovereign and you will lose every claim made against you. This is the reason why, if you ever think of hiring an ABA attorney to represent you in any legal proceeding against the ‘system,’ you must demand up front that he make you the Holder in Due Course of the action. Since he legally can’t do this, then you will lose if he “appears” for or “represents” you. The best any Bar(fly) attorney can do is make a deal with the system Creditor, which is a negotiated settlement of the money being claimed as damages. You must be the HDC to be able to ensure victory in all dealings with the government and the ‘system’.” Read more.

Foreign-documented vessel means a vessel the ownership of which is recorded in a registry maintained by a country other than the United States which identifies each person that has an ownership interest in a vessel and includes a unique alphanumeric designation for the vessel.” READ MORE.

WHAT VESSELS ARE EXEMPT FROM DOCUMENTATION?

“Vessels that do not operate on the navigable waters of the U.S. or in the fisheries in the EEZ, are exempt from the requirement to be documented. Also exempt are Coastwise qualified, non-self-propelled vessels used in coastwise trade within a harbor, on the rivers or lakes (except the Great Lakes) of the U.S. or the internal waters or canal of any state.” USCG

So, if your vessel is not sailing on the sea of “navigable waters of the U.S.”, etc., let’s say it is DRY DOCKED on the land, for ex., then it is exempt from documentation. Hmmm…very interesting….

Ah the laughter of the lovers
As they run through the night
Leaving nothing for the others
But to choose off and fight
And tear at the world with all their might
While the ships bearing their dreams
Sail out of sight

Jackson Browne, The Pretender

STRAMINEUS HOMO: Latin: A man of straw, one of no substance, put forward as bail or surety. This definition comes from Black’s Law Dictionary, 6th. Edition, page 1421. Following the definition of STRAMINEUS HOMO in Black’s we find the next word, Strawman:

“STRAWMAN: A front, a third party, who is put up in name only to take part in a transaction. Nominal party to a transaction; one who acts as an agent for another for the purposes of taking title to real property and executing whatever documents and instruments the principal may direct. Person who purchases property for another to conceal identity of real purchaser or to accomplish some purpose otherwise not allowed. Webster’s Ninth New Collegiate Dictionary defines the term “strawman” as: 1: a weak or imaginary opposition (as an argument or adversary) set up only to be easily confuted.  2: a person set up to serve as a cover for a usually questionable transaction.” Read more.

Consider the case of the neutral and peaceful freeman on the land (FOTL) who counts himself or herself as one of “the people.” He or she is one of the sovereign American people, the very same men and women who ordain this nation’s founding. Aren’t we the owners of the Articles of Confederation, Constitution and the Declaration of Independence? Don’t we OVERSTAND rather than UNDERSTAND those professing to be our public servants? Hmmm….research the doctrine of justiciability.

STRAMINEUS HOMO: Latin: A man of straw, one of no substance, put forward as bail or surety.
STRAMINEUS HOMO: Latin: A man of straw, one of no substance, put forward as bail or surety.

Read Stating Your Claim Part I and Part III.