CHAPTER THIRTEEN
ANOTHER PERSPECTIVE
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Recently I reviewed a program in which a different strategy was being used in order to cancel out the legal fiction. It was an interesting concept, but one with which I personally have no experience. Some of what was said, I could subscribe to, but not the entire strategy. Not that it is wrong; rather that I do not have enough knowledge to verify it. This may work, and it may not. I thought it merited the light of day, in order that those who have failed in other attempts or in using different strategies may follow a fresh approach.
I do not endorse this strategy nor do I detract from it; to me the true test will be if it is repeatable each and every time. That is the only true test.
ANOTHER PERSPECTIVE
Beginning in 1933 the federal and state governments switched from common law into Equity/Admiralty, because the country was bankrupt, as we have no more gold.
Being that the sovereign, the natural person with the Christian appellation written in upper and lowercase letters, was distinct and separate from the citizen subject of the government, they had to give the natural person the same benefit or the same privilege or right on the other side in equity as given to legal fictions. And that person was described in statute as a non-resident alien, someone who is not subject to the jurisdiction.
These are terms out of Black’s Law Dictionary. So when the person reads the law, he must read it in terms of Black’s or another law dictionary and not in terms of Webster’s, because the words mean something totally different.
The legal fiction is the person whose name is spelled in all capital letters, and that person is described as a vessel of the United States. You will locate that in the United States Government Printing Office Style Manual, available in most law libraries. In section 11.7 of the Manual, it says, “Names of vessels are quoted in matters printed in other than lowercase roman.” It examples a vessel written in all capital letters.
A vessel of the United States has been defined in Title 18, §9:
Vessels of the United States defined.
“The term vessel of the United States as used in this title means a vessel
belonging in whole or in part to the United States or any citizen thereof or any corporation created by or under the laws of the United States or any State or Territory or district or possession.”
Insurance, which is social security, is under admiralty law jurisdiction.
Benedict on Admiralty, Admiralty Law, Title 22 - Foreign Relations, Sub-chapter I, Shipping and Seamen, Part 81 - General, 22 C.F.R. A7 81.1, Definitions.
“(b) ‘American vessel’ means any United States-owned vessel, which is not registered under the laws of a foreign government, vessels of the United States, and American undocumented vessels.
(c) ‘American public vessel’ means any vessel owned or operated by a United States Government department or agency and engaged exclusively in official business on a non-commercial basis.
(d) ‘Vessel of the United States’ means any vessel documented under the laws of the United States.
(e) ‘American undocumented vessel’ means any American vessel, other than an American public vessel, which is not documented under the laws of the United States... .
(f) ‘Foreign vessel’ means any foreign-owned vessel, or any vessel regardless of ownership, which is documented under the laws of a foreign country.
(i) ‘Seaman’ means any person employed as a member of the crew of a vessel.
(k) ‘Alien seaman’ means a seaman of foreign nationality who does not have status as an American seaman.”
22 C.F.R. A7 81.3, Status of Vessels of the United States. Vessels documented under the laws of the United States are entitled to privileges and subject to the obligations prescribed by the laws of the United States for merchant vessels. The type of privileges and obligations appertaining to such vessels depends upon the form and the purpose of their documentation.
22 C.F.R. A7 81.4, Status of American Undocumented Vessels. American undocumented vessels are not under the jurisdiction of the United States, and consequently are not subject to the obligations nor entitled to the protection accorded vessels of the United States abroad. However, such vessels are entitled to the same degree of protection accorded any other property abroad owned by United States citizens.
This typically describes a vessel that is registered, enrolled or licensed. So anyone who is licensed, or registered, is considered a vessel, belonging in whole or in part to the United States. All would be under Admiralty Jurisdiction.
When a person signs up for social security, he is creating a vessel in all capital letters. When you walk into the social security office, you have to have a birth certificate.
The History and System of the Common Law states in pertinent part regarding persons:
“In law, PERSONALITY means capacity of having, acquiring and exercising rights, using the term in its widest sense. A legal person is an entity having interests which the law recognizes and secures, or, as it is commonly
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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.”
The social security is under admiralty law, so that is constitutional. Equity is constitutional as well. They can operate in equity, and equity is voluntary and by contract.
The following explains the agency relationship that we have with all these government agencies. It says they are all contractual.
3 American Jurisprudence 2d, under agency, section one.
“The term ‘agency’ means a fiduciary relationship by which a party confides to another the management of some business to be transacted in the former name or on his account, and by which such other assumes to do the business and render an account of it. It has also been defined as a fiduciary relationship, which results from the manifestation of consent by one person to another that the other shall act on his behalf and subject to his control and consent by the other so to act. Thus the term agency in its legal sense always imports commercial or contractual dealings between two parties by and through a medium of another.”
Hence, the commerce clause has been used in regulating peoples’ activities, since all these arrangements of agency are contractual or commercial in nature.
The 14th amendment refers to a person being born subject to the jurisdiction. When you look up the word “born” you will find that it describes “delivery” – when the res is transferred constructively over to another party (the “res” meaning the thing or the person, the property or future rights to property).
We are looking at some very fundamental relationships in the law which are crucial to our understanding if we want to be free, and you are convinced that the law still embodies freedom and that it can still be exercised. I guess that remains to be seen.
The problem remains that, if you don’t know your proper status or rights, you don’t have any. When legislative bodies pass a statute, they always must create a remedy to that statute in law, because this is still a free country.
Don’t worry too much about the laws that are being passed; just concern yourself with the remedy because the majority of the laws being passed pertain to persons or entities in personam. It doesn’t refer to the natural person. You will discover that in personam is always in capital letters, and that is the way they always invite you – your name written in all capital letters. You will see that on your driver’s license, your credit cards, when you do business with corporations, and in any court actions.
Patriot mythology says that if you cross the bar in the courtroom you granted jurisdiction. You actually granted jurisdiction when you signed up for social security. That is when you changed your name. Trust law states that whenever title is transferred, a trust is created by operation of law, or whenever
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money is transferred, it is the operation of law. A trust is automatically created. That is stated in Am. Jur. under trusts.
The 13th amendment states, “...neither slavery nor involuntary servitude....” Those are prohibitions; there is no option. It says nothing regarding voluntary servitude: that is your choice. If you contract to be in voluntary servitude, that is your choice.
Then the 14th amendment, following immediately on the tail of the 13th amendment, reads – “...born or naturalized and subject to the jurisdiction...”
When you fill out forms, they always ask if you are a citizen of the United States and subject to the jurisdiction thereof. Jurisdiction is the modern word for allegiance, which is a feudal term meaning relationship to the land or the liege.
So are you subject to the jurisdiction of the United States as a citizen of the United States and of the state in which you reside?
The term “residence in a state” is not citizenship of a state. It is something less, usually commercial in nature. So on government applications, job applications, etc., they ask if you are a U.S. citizen and they ask for a residence address.
The combination of being a citizen of the United States and a resident in a state means you are volunteering to be treated as though you are a second- class citizen – property of the United States.
When the term “United States” is used in the US Code, it usually refers to territories and possessions such as Guam, Puerto Rico, etc. “Citizen of the United States” is defined in the Code as being someone from Guam, American Samoa, and the Virgin Islands. You can find that at 20 CFR Section 404.1004, Part 4, “Citizens of the United States includes citizens of the Commonwealth of Puerto Rico, Virgin Islands, Guam and American Samoa.”
When one person delivers money to another for a specific purpose, the transaction becomes a trust. So it is axiomatic that whenever title is transferred, a trust is automatically created. It is by operation of law, and it is an express trust because you went requesting to have it done. You walked in with your birth certificate, the one in upper and lowercase letters and you transferred title, and from then on you were known, not as the named person on the birth certificate, but as the person in all capital letters.
That “person” comes into existence with signing the SS-5 application for the social security account which states, “Your card will show your full middle and last name unless you show otherwise.” So however you write it on the application – if you use three names, two names or initial – that is the way it will show on your card in all capital letters. So now you have asked the
government to step in and take a fiduciary responsibility over the property of the trust. The property of the trust is you.
You will find in 26 CFR, §301.7701-6, Definitions, Persons, Fiduciary.
You are the corpus of the trust that you created by the signing of the SS- 5 application, and you authorized the government to be the Trustee of the Trust. That is why when people go into court, they can not understand why they are not being treated as a sovereign citizen in common law under an Article III court and they do not get any justice – because they are in equity, not in law, and they are the property that is being administered.
26 CFR, section 301.7701-6, Definitions, Persons, Fiduciary. Fiduciary distinguished from an agent. There may be a fiduciary relationship between an agent and a principal ...
The principal is the person who walks in and signs up with the government. The agent or the representative is the IRS, so forth.
But the word “agent” does not denote a fiduciary. An agent having an entire charge of property with authority to effect and execute leases and tenants ...
Remember, we are tenants on our own property and we are leasing it.
Entirely on his own responsibility and without consulting the principal (you), merely turning over the net proceeds from the property periodically to the principal by virtue of the authority conferred upon him by a power of attorney.
People need to realize the power of attorney is the 1040 form.
26 CFR §601.503 gives the description of a power of attorney:
“Requirements of a Power of Attorney, Signatures, Fiduciary’s and
Commissioner’s authority to substitute other requirements.”
This describes what a power of attorney consists of. The 1040 fits the
description. It has everything the power of attorney must have; that is where
we gave them the power of attorney.
One of the reasons we can not get any remedy is because we do not
address the issue of the power of attorney. Where others have revoked it, they have not done it on the proper form. The Paper Reduction Act states you have to use their form when a remedy is provided.
The United States District Court is not a true United States court established under Article III of the constitution to administer the judicial powers of the United States therein conferred. It is created by virtue of the sovereign congressional faculty granted under Article IV, § 3, of that compact. Balzac v. Porto Rico, 258 US. 298.
That is the reason people do not get justice; they are in the wrong court. The proper court to go into is the “district court of the United States,” small
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“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
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
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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.
There is an agency relationship. If you look up “agency” in Black’s you’ll find that you hired the IRS to handle this account for you, and it is a power of attorney. If you do not revoke the power of attorney, then the attorney can come around your back and undo everything you have done.
Rocky Mountain News, November 13, 1995, in Colorado:
“The power of attorney should not be given to another person lightly. It depends on the scope of the document. ... If it is financial [the power of attorney], it can give the agent [the person who gets the power of attorney] the ability to rob you blind.”
And that is what these guys are doing to us: they are robbing us blind.
Many patriots seem to be under the impression that you revoke the signature, but that is not correct. You revoke the instrument.
The UCC covers only two things: orders to pay and promises to pay. Murder does not come under that. It has been said that commerce is defined in Title 27 and that all crimes are commercial. That may be, but they are commercial because they are admiralty. What puts you in admiralty is the insurance program of social security. Insurance is under admiralty law. That is what gets us into commercial activity with the government, across state lines. All the crimes in Title 27 are under admiralty law because there are no common law crimes in the federal jurisdiction, so they all must be commercial. That is why they are commercial crimes, and what puts you in that jurisdiction is the contract.
20 CFR 404.1004, part 3, American vessel means a vessel documented or numbered under the laws of the United States.
So that is what a vessel is. Remember, the vessel is the straw man. You will see that in the Government Style Manual (which you can get when you go to a law library, usually at the reference desk) which will tell you what a vessel of the United States is. On Benedict on Admiralty, and I already quoted where that is found, it says:
Status of vessels of the United States. Vessels documented under the laws of the United States are entitled to privileges and subject to the obligations described by the laws of the United States for merchant vessels.
Section 81.4 under Regulations, Appendix B-13, Status of American undocumented vessels. American undocumented vessels are not under the jurisdiction of the United States and, consequently, are not subject to the obligations nor entitled to protections.
Here it is saying it is the documentation that gets you in trouble. Then if you want to find out what the number does, you go to section 783.41, which talks about the number of the vessels, and it says you are required to have a number if you are going to operate in admiralty waters, which is on their
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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
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