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________________________________________________________________________
FOURTH JUDICIAL DISTRICT COURT
STATE OF UTAH
_______________________________________________________________________
)
in Admiralty
FIRST NATIONAL BANK
)
Case # 1234
Plaintif
)
)
MEMORANDUM IN SUPPORT OF
v.
)
NOTICE OF John Henry Smith
)
AS AMICUS CURIAE REGARDING
JOHN H SMITH
)
COMMERCIAL NOTICE
Defendant
)
APPOINTMENT OF FICUDIARY
)
DEBTOR
JOHN H SMITH
)
3rd Party Plaintif
)
v.
)
)
WILLIAM JONES 1234
)
3RD Party Defendant
)
John Henry Smith, Real Party in
)
Interest, agent
)
1.
2.
3.
4.
The UNITED STATES is the holder of the principal obligation for all US
vessels.
5.
6.
All courts of the UNITED STATES operate in fiction and with fictions and are
color of law (see Exhibit C, attached).
7.
William Jones 1234, an attorney, is operating ultra vires in the public (see
Exhibit D, attached).
8.
10.
In the matter of any debt owing to FIRST NATIONAL BANK, John Henry
Smith has already exerted a UCC remedy by Acceptance, but said
creditor has failed to produce the product of their offer. William Jones
1234 has created a tort with knowledge.
____________________________________
John Henry Smith
_______
date
EXHIBIT A
United States Congressional Record March 17, 1993 Vol. #33, page H-1303
Speaker-Senator James Traficant, Jr. (Ohio) addressing the House: Mr.
Speaker, we are here now in chapter 11. Members of Congress are official
trustees presiding over the greatest reorganization of any Bankrupt entity
in world history, the U.S. Government. We are setting forth hopefully, a
blueprint for our future. There are some who say it is a coroners report
that will lead to our demise.
It is an established fact that the United States Federal Government has
been dissolved by the Emergency Banking Act, March 9, 1933, 48 Stat. 1,
Public Law 89-719; declared by President Roosevelt, being bankrupt and
insolvent. H.J.R. 192, 73rd Congress in session June 5, 1933 - Joint
Resolution To Suspend The Gold Standard and Abrogate The Gold Clause
dissolved the Sovereign Authority of the United States and the official
capacities of all United States Governmental Offices, Officers, and
Departments and is further evidence that the United States Federal
Government exists today in name only.
The receivers of the United States Bankruptcy are the International
Bankers, via the United Nations, the World Bank and the International
Monetary Fund. All United States Offices, Officials, and Departments are
now operating within a de facto status in name only under Emergency War
Powers. With the Constitutional Republican form of Government now
dissolved, the receivers of the Bankruptcy have adopted a new form of
government for the United States. This new form of government is known
as a Democracy, being an established Socialist/Communist order under a
new governor for America. This act was instituted and established by
transferring and/or placing the Office of the Secretary of Treasury to that
of the Governor of the International Monetary Fund. Public Law 94-564,
page 8, Section H.R. 13955 reads in part: The U.S. Secretary of Treasury
receives no compensation for representing the United States.
United States Congressional Record May 4, 1992, page H 2891, Senator
and Chairman of the House of Representatives Committee on Banking,
Finance and Urban Afairs, Senator Henry Gonzalez (Texas) speaking on
NATIONAL AND INTERNATIONAL THIEVERY IN HIGH PLACES We are
bankrupted. We are insolvent on every level of our national life, whether it
is corporate, whether it is just plain you and I out there with the life of
debt that we have all piled up, private debt, credit cards and what not, or
whether it is the government. We are insolvent. How long will it take
before that nasty Mega-truth is conveyed?
United States Congressional Record January 19, 1976, page 240 Marjorie
S. Holt (Maryland): Mr. Speaker, many of us recently received a letter
from the World Afairs Council of Philadelphia, inviting members of
Congress to participate in a ceremonial signing of A Declaration of
INTERdependence on January 30 in Congress Hall, adjacent to
Independence Hall in Philadelphia. A number of Members of Congress
have been invited to sign this document, lending their prestige to its
underwriter. The Federal Reserve Act stipulated that the interest on the
debt was to be paid in gold. There was no stipulation in the Federal
Reserve Act for ever paying the principle.
Prior to 1913, most Americans owned clear, allodial title to property, free
and clear of any liens or mortgages until the Federal Reserve Act (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/her birth certificate. In 1933, 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 the federal United
States corporation all 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 didnt 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 parks 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 all land is held by a sovereign and the common people had
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 its easy to grasp why America is fundamentally bankrupt.
Why dont 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 is a
painful bankruptcy, and a foreclosure on American property, precious
liberties, and a 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.
EXHIBIT B
It is known that most insurance is a tontine scheme, and its therefore forbidden by
law. Although insurance is basically a private enterprise rather than government,
when the government became a corporation (National Recovery Act etc. in the FDR
administration), the government then became involved in private and commercial
enterprise. The commerce clause Art I Sec. 8, which gives Congress the power to
regulate commerce between the states, also invokes admiralty law as "the Law of
Nations)... on Land and Water." Yet the 1st Continental Congress itself had entered a
complaint against England "which ... extend the powers of Admiralty courts beyond
their ancient limits." When the government embarked on its nationwide
tontine scheme, the Social Security Administration and its accompanying
"insurance policies," the courts of the nation were thereby converted into
Admiralty courts. " A policy of insurance is a maritime contract and therefore of
admirality jurisdiction." De Lovio v. Boit, 7 Fed. Chs. No 3.7766 (1815).
EXHIBIT D
THE NATURE OF LAWYER-CRAFT IN AMERICA
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
The 1783 Treaty in conjunction with the 1787 Constitution. The States, by
prescription from the King, by Treaty, hold the land for the King under Legislative
enactment because they are His corporations. They in turn, parcel out the land to
other corporations, and aliens (you) because you are an alien friend allowed to only
hold the land in TAIL for your use, but the King still owns it and the State is his
agent. Got to remember people that Statute "De Donis" converted all such estates
fee simple to estates tail. Did not know that did you? So why is it that you get a
document stating in fee simple? Because they slyly made you a CORPORATE SOLE,
but not like the King. That is why the United States, the corporator of all the states
into a Union can control all the land it owns and if a State cedes land from its
corporate domain to the corporate United States the King still owns it and that is
why we are considered by the States as "corporation sole" for that is the only way
they can collect a tax. Remember Butler v Godley where you are considered two
characters? Remember that legal entity, corporate, name on your IMF. Remember
the CP 55 UK/US Treaty designation and only corporations can be taxed? Why does
the IRS come after you using a CP 515, 516, 517 and 518 notices which are only
designed for a BUSINESS Entity? Are you a corporate person of artificial character
called a "resident" in legal terms, thereby being a "citizen" (26 CFR 1.1-1 and 26
USC sec. 1) in "joint-venture" and therefore a subject "to the jurisdiction thereof"
because you are presumed to be a corporate sole for taxing purposes because you
have the privilege of living on the Kings land held in trust by the corporate State
and United States? You are also in fee simple so that after your body dies the
Corporate Sole still lives on.
Our fore fathers were, in effect, at the mercy of their business ventures with lands
and assets coming to them as a result, and also any lands or rem property they may
have inherited from their ancestors. Why? Well as a matter of settled English
common law, anyone declared to have committed treason, automatically forfeited
any estates or rem property to the king, without a trial. Everyone of our fore fathers
that signed the Declaration of Independence were declared traitors and were to be
hung if found by British troops. Also, after independence was so called won,
everyone swearing their new allegiance to the United States became aliens also,
subject to have their estates forfeited to the king, when a senior land holder died
and Office found. So ask yourself. Did the king have any leverage over our fore
fathers when they negotiated the 1783 Peace Treaty? Is this why even though we
said we won in the history books the king granted us the lands in America. Does the
defeated country ever grant lands to the victor, or do they not always become
property of the Conqueror? This fact along with the above and below court cases
prove, because English common law was not defeated and retained by the new
states, the king's corporations continued unchanged. All that took place was a
reorganization of the king's corporations he set up in America, into individual state
corporations, who transferred their corporate sovereignty over to the United States.
The war was over in 1781, the Treaty was signed in 1783, the United States
Corporation was officially started in 1787. However, the king signed off on its
creation. Read the 1783 Treaty again, the United States corporation is mentioned
four years before it was chartered and the 6th section was added as a condition for
the fore fathers not to lose their estates, and as a matter of quid quo pro, the kind
not forfeit his holdings and corporation, and thanks to English common law being
recognized in the States the fore fathers knew there was nothing they could do
about it, but play word games to cover it up. Patrick Henry recognized their game,
using such terms as "We the People" or the united States being change to United
States. Mr. Informer, I think this would be a good place to inject the following case,
HAMILTON v. BROWN, 161 U.S. 256 (1896). Now those of you in Texas or in other
States that claim to be in a Republic not subject to the laws or jurisdiction of the
state in which you live, you better reserve judgment for just a minute longer. I know
those in Texas claiming they live in a Republic truly believe this, but you have not
seen the debilitating fact of the Republic of Texas claiming English common law.
Where English common law exists, so does the king's corporation, and all grants
stemming there from. Sorry, but it is true, this trumps every argument except one.
A grant of land preceding the king's incorporation, the grant from God Almighty that
all men are tenants on His land, and are to be stewards of it. Any man cannot own
the land as the king and Pope claim, they are only receivers of the grant from God
Almighty like all men, co equal.
EXHIBIT G
In the United States the first development noted is the 1966 merger of the old
General Admiralty Rules into the Federal Rules of Civil Procedure. Though several
commentators made predictions concerning the effects of unification upon the
substantive law of admiralty, it was not until the late 1970s that the admiralty Court
began to exercise with any measurable regularity the power to administer equitable
remedies in admiralty cases. The delay may seem strange, especially in light of the
quite rapid effects of the 1938 merger of the Equity Rules into the first Federal Rules
of Civil Procedure. But the late depression era was one of great social
activism on the part of the Federal government, and this faded seamlessly
into wartime legislation which appropriated control of private property.
The District courts under the new FRCP were quickly forced by the volume of
litigation into the wholesale application of equitable remedies in actions at law.
The 1936 merger of law and equity left no loose ends; the procedure is entirely
uniform regardless of the nature of the remedy prayed, though of course issuance of
an injunction requires at least an ex parte hearing in chambers. The 1966 merger,
however, leaves six special Supplemental Admiralty Rules appended to the
body of the FRCP, and in order to apply those Supplemental Rules it is
necessary that the complaint specifically invoke the jurisdiction of the
admiralty side of the Court, so as to ensure that the action does not
proceed on the law side, if the common law is competent to supply an in
personam remedy in the particular case. The efect of this has been to
perpetuate an artificial distinction between the law and admiralty sides
of the Court, whereas the distinction between the law and equity sides
has long since disappeared. The equitable power of the American Admiralty
Court had earlier been held to derive from the first Judiciary Act of 1789; in the
words of the late and colorful Chief Judge John R. Brown of the U.S. Court of Appeals
for the Fifth Judicial Circuit:
The Chancellor is no longer fixed to the woolsack. He may stride the quarterdeck of maritime jurisprudence and, in the role of admiralty judge, dispense, as
would his land-locked brother, that which equity and good conscience impels.
But the American Admiralty Court has been slow to begin to wield the equity power,
which it has always had, and usage of which the 1966 merger was clearly intended
to facilitate.
Unfortunately the remedial authority of the Admiralty Court has been complicated
by the second American development the 1985 amendments to the
Supplemental Admiralty Rules with respect to the issuance of in rem and
quasi in rem process. The problem arose because of a line of decision which
emerged in the 1970s in cases of attachment of property under State law, where
the defendants argued successfully that in having their property under State law,
where the defendants argued successfully that in having their property seized
without a prior hearing they were deprived of property without the due process of
law which is guaranteed by the 5th Amendment to the Constitution. It did not take
long for challenges to be mounted to the constitutionality of maritime attachment
under FRCP Supp. Rule B and arrest in rem under FRCP Supp. Rules C. A few Federal
District Judges were swayed by the argument and declared Rule B attachment
and/or Rule C arrest unconstitutional without a hearing prior to issuance of the
warrant; the remaining District Judges confronted with the question and a majority
in all of the Circuit Courts of Appeal found the traditional procedure constitutional,
deftly grasping that the Constitutions grant of Admiralty jurisdiction carried with it
the essentials of procedure as historically applied in maritime cases, and for a
Federal district court sitting in Admiralty that procedure constituted due process of
law. However, the consensus of opinion within the Maritime Law Association of the
United States which had filed briefs amicus curiae supporting the traditional
procedure in several of the cases and was even granted oral argument in one
pivotal case involving rule C 17 was that the risk of a reversal by the U.S. Supreme
court should be insured against, and it proposed amendment to Supp. Rules B and C
requiring judicial scrutiny prior to issuance of a warrant and to Supp. Rule E to
provide for prompt post-seizure hearing. The amendments were adopted by the
Supreme Court and entered in effect in 1985.
Beyond doubt the 1985 amendments were wiser than playing judicial roulette
they have effectively ended the debate over the constitutionality of arrest and
attachment proceedings in admiralty. But they have also added a new and quite
different requirement in order to employ traditional process in the admiralty Court.
The price paid for security has not been entirely limited to the additional time and
paperwork of the new procedures.