As promised, this will be the second installment from articles published in a blog by Barefoot Bob, called "Barefoot's World". This one explains how we became "subjects" and "tenants on the land" rather than sovereigns with Allodial Title to the lands we inhabit. I submit for your perusal the following:
The Letter below is restored from a page that disappeared from the WEB
"AMERICAN PEOPLE, YOU have the ability to understand the information in this letter. YOU have the ability to understand the present law and past law, the Constitution. That's right!...I'm saying the Constitution is past tense, as a restrictive document on Congress. I do not make this statement lightly and I can prove it.
The Constitution was a commercial compact between states, giving the federal government limited powers. The Bill of Rights was meant not as our source of rights, but as further limitations on the federal government. Our fore-fathers saw the potential for danger in the U. S. Constitution. To insure the Constitution was not presumed to be our source of rights, the 10th Amendment was added. I will use a quote from Thomas Jefferson, February 15, 1791, where he quotes the 10th Amendment...
"I consider the foundation of the Constitution as laid on this ground; That "all powers not delegated to the United States, by the Constitution, nor prohibited by it to the States, are reserved to the States or to the people." To take a single step beyond the boundaries thus specially drawn around the powers of Congress, is to take possession of a boundless field of power, no longer susceptible of any definition."
The created United States government cannot define the rights of their creator, the American people. Three forms of law were granted to the Constitution, common law, equity (contract law) and Admiralty law. Each had their own jurisdiction and purpose. The first issue I want to cover is the United States flag. Obviously from known history our flag did not have a yellow fringe bordering three sides. The United States did not start putting flags with a yellow fringe on them in government buildings and public buildings until 1959. Of course the question you would ask yourself; why did it change and are there any legal meanings behind this? Oh yes!
First the appearance of our flag is defined in Title 4 sec. 1. U.S.C..
"The flag of the United States shall be thirteen horizontal stripes, alternate red and white; and the union of the flag shall be forty-eight stars, white in a blue field." (Note - of course when new states are admitted new stars are added.)
A foot note was added on page 1113 of the same section which says:
"Placing of fringe on the national flag, the dimensions of the flag, and arrangement of the stars are matters of detail not controlled by statute, but within the discretion of the President as Commander-In-Chief of the Army and Navy." - 1925, 34 Op.Atty.Gen. 483.
The president as military commander can add a yellow fringe to our flag. When would this be done? During a time of war. Why? A flag with a fringe is an ensign, a military flag. Read the following.
"Pursuant to U.S.C. Chapter 1, 2, and 3; Executive Order No. 10834, August 21, 1959, 24 F.R. 6865, a military flag is a flag that resembles the regular flag of the United States, except that it has a YELLOW FRINGE, bordered on three sides. The President of the United states designates this deviation from the regular flag, by executive order, and in his capacity as COMMANDER-IN-CHIEF of the Armed forces."
From the National Encyclopedia, Volume 4:
"Flag, an emblem of a nation; usually made of cloth and flown from a staff. From a military standpoint flags are of two general classes, those flown from stationary masts over army posts, and those carried by troops in formation. The former are referred to by the general name flags. The latter are called colors when carried by dismounted troops. Colors and Standards are more nearly square than flags and are made of silk with a knotted Fringe of Yellow on three sides...........use of the flag. The most general and appropriate use of the flag is as a symbol of authority and power."
The reason I started with the Flag issue is because it is so easy to grasp. The main problem I have with the yellow fringe is that by its use our Constitutional Republic is no more. Our system of law was changed without the public's knowledge. It was kept secret. This is fraud. The American people were allowed to believe this was just a decoration. Because the law changed from Common Law (God's Law) to Admiralty Law (the kings law) your status also changed from sovereign to subject. From being able to own property (allodial title) to not owning property (tenant on the land). If you think you own your property, stop paying taxes, it will be taken under the prize law.
"The ultimate ownership of all property is in the state; individual so-called `ownership' is only by virtue of government, i.e., law, amounting to a mere user; and use must be in accordance with law and subordinate to the necessities of the State." - Senate Document No. 43, "Contracts payable in Gold" written in 1933.
By our allowing to let these military flags fly, the American people have admitted our defeat and loss of status. Read on, you'll see what I mean. Remember the Constitution recognizes three forms of law, being governed by the Law of the Flag is Admiralty law. I will cover this in a minute, the following is a definition of the legal term Law of the Flag.
"...The agency of the master is devolved upon him by the law of the flag. The same law that confers his authority ascertains its limits, and the flag at the mast-head is notice to all the world of the extent of such power to bind the owners or freighters by his act. The foreigner who deals with this agent has notice of that law, and, if he be bound by it, there is not injustice. His notice is the national flag which is hoisted on every sea and under which the master sails into every port, and every circumstance that connects him with the vessel isolates that vessel in the eyes of the world, and demonstrates his relation to the owners and freighters as their agent for a specific purpose and with power well defined under the national maritime law." - Bouvier's Law Dictionary, 1914.
Don't be thrown by the fact they are talking about the sea, and that it doesn't apply to land, I will prove to you that Admiralty law has come on land. Next a court case:
"Pursuant to the "Law of the Flag", a military flag does result in jurisdictional implication when flown. The Plaintiff cites the following: "Under what is called international law, the law of the flag, a shipowner who sends his vessel into a foreign port gives notice by his flag to all who enter into contracts with the shipmaster that he intends the law of the flag to regulate those contracts with the shipmaster that he either submit to its operation or not contract with him or his agent at all." - Ruhstrat v. People, 57 N.E. 41, 45, 185 ILL. 133, 49 LRA 181, 76 AM.
When you walk into a court and see this flag you are put on notice that you are in a Admiralty Court and that the king is in control. Also, if there is a king the people are no longer sovereign. You're probably saying this is the most incredible thing I have ever heard. YOU have read the proof, it will stand up in court. But wait, there is more, you probably would say, how could this happen? Here's how. Admiralty law is for the sea, maritime law govern's contracts between parties that trade over the sea. Well, that's what our fore-fathers intended. However, in 1845 Congress passed an act saying Admiralty law could come on land. The bill may be traced in Cong. Globe, 28th Cong., 2d. Sess. 43, 320, 328, 337, 345(1844-45), no opposition to the Act is reported. Congress held a committee on this subject in 1850 and they said:
"The committee also alluded to "the great force" of "the great constitutional question as to the power of Congress to extend maritime jurisdiction beyond the ground occupied by it at the adoption of the Constitution...." - Ibid. H.R. Rep. No. 72 31st Cong., 1st Sess. 2 (1850)
It was up to the Supreme Court to stop Congress and say NO! The Constitution did not give you that power, nor was it intended. But no, the courts began a long train of abuses, here are some excerpts from a few court cases.
"This power is as extensive upon land as upon water. The Constitution makes no distinction in that respect. And if the admiralty jurisdiction, in matters of contract and tort which the courts of the United States may lawfully exercise on the high seas, can be extended to the lakes under the power to regulate commerce, it can with the same propriety and upon the same construction, be extended to contracts and torts on land when the commerce is between different States. And it may embrace also the vehicles and persons engaged in carrying it on (my note - remember what the law of the flag said when you receive benefits from the king.) It would be in the power of Congress to confer admiralty jurisdiction upon its courts, over the cars engaged in transporting passengers or merchandise from one State to another, and over the persons engaged in conducting them, and deny to the parties the trial by jury. Now the judicial power in cases of admiralty and maritime jurisdiction, has never been supposed to extend to contracts made on land and to be executed on land. But if the power of regulating commerce can be made the foundation of jurisdiction in its courts, and a new and extended admiralty jurisdiction beyond its heretofore known and admitted limits, may be created on water under that authority, the same reason would justify the same exercise of power on land." -- Propeller Genessee Chief et al. v. Fitzhugh et al. 12 How. 443 (U.S. 1851)
And all the way back, before the U.S. Constitution John Adams talking about his state's Constitution, said:
"Next to revenue (taxes) itself, the late extensions of the jurisdiction of the admiralty are our greatest grievance. The American Courts of Admiralty seem to be forming by degrees into a system that is to overturn our Constitution and to deprive us of our best inheritance, the laws of the land. It would be thought in England a dangerous innovation if the trial, of any matter on land was given to the admiralty." -- Jackson v. Magnolia, 20 How. 296 315, 342 (U.S. 1852)
This began the most dangerous precedent of all the Insular Cases. This is where Congress took a boundless field of power. When legislating for the states, they are bound by the Constitution, when legislating for their insular possessions they are not restricted in any way by the Constitution. Read the following quote from the Harvard law review of AMERICAN INS. CO. v. 356 BALES OF COTTON, 26 U.S. 511, 546 (1828), relative to our insular possessions:
"These courts, then, are not constitutional courts in which the judicial power conferred by the Constitution on the general government can be deposited. They are incapable of receiving it. They are legislative courts, created in virtue of the general right of sovereignty which exists in the government, or in virtue of that clause which enables Congress to make all needful rules and regulations respecting the territory belonging to the united States. The jurisdiction with which they are invested is not a part of that judicial power which is conferred in the third article of the Constitution, but is conferred by Congress in the execution of those general powers which that body possesses over the territories of the United States." -- Harvard Law Review, Our New Possessions. page 481."
Our own government representatives of past legislatures have done this and continue to this day to do this with the help of the Federal Reserve and foreign interests.
(To Be Continued) ~Lordhawke