Some U.S LEGAL HISTORY

*When the seven Southern states walked out of Congress in March, 1861, the Quorum to conduct business under the Constitution was lost. The only votes Congress could lawfully take, under parliamentary law, were those to set the time to re-convene, take a vote to get a quorum, and vote to adjourn and set a date, time, and place to re-convene at a later time.

Congress does not make positive law under the authority of the Constitution

*(See, The Journal of the Senate of the United States of America Being the Second Session of the Thirty-Sixth Congress; Begun and Held at the City of Washington, Dec. 3, 1860. Published at Washington: by George W. Bowman, Senate Printer, 1860-61.)

Instead, Congress adjourned sine die (pronounced see-na dee-a), i.e., "without day." "An adjournment sine die --- that is, without day --- closes the session, and if there is no provision for convening the assembly again, of course the adjournment dissolves the assembly."

Robert's Rules of Order Revised (Parliamentary law-1915 Version, Public Domain)

To dissolve an assemble is to terminate it as constituted, so that an election must be held to reconstitute it.

Thus, when congress adjourned sine die it ceased to exist as a lawful body. Congress did not reconvene until it was re-convened under military authority of the Commander-in-Chief.

What system of law is America under?

To this day, Congress still sits by military authority of the Commander-in-Chief, and not as a lawful Constitutional body.

SUPREME COURT OF THE U.S. - RULES

..Part VIII. Disposition of Cases

Rule 45. Process; Mandates

 1. All process of this Court issues in the name of the President of the United States.

SUPREME COURT, Rule 45. Process; Mandates

Secession

The U.S. government became the conqueror and all the states in the Union were thus re-formed as Franchisees of the Federal Corporation.

The key to when the states became Federal Franchisees is related to the date when such states enacted the Field Code in law. The Field Code was a codification of the common law that was adopted first, by New York and by California in 1872.

To preserve a UNION the Law of War was invoked in America

The Law of war is a branch of the law of nations which is Roman based law.
What is Probable Cause? “Is not the admiralty law derived from the Roman jurisprudence?”

April 15, 1861. I hereby convene both Houses of Congress for the 4th of July next, to determine upon such measures as the public safety and interest may demand. (Signed) ABRAHAM LINCOLN, President of United States.

I, Richard Yates, Governor of the State of Illinois, ---- hereby convene the Legislature of said State, --- at the Capitol, in the city of Springfield, on Tuesday, the 23d day of April, A. D. 1861, ---- to render efficient assistance to the General Government in preserving the Union, enforcing the laws, and protecting the property and rights of the people.
April 1861 - Proclamations by President Lincoln and Governor Yates

Lincoln used deception to "save" the Union.

If the Union was saved intact (States lawfully intact), reconstruction would not have been needed. (reconstruction should have been termed "construction of soviet type, power at the top, central government type UNION.)

Reconstruction was necessary for saving any type of union and a new UNION was erected which under military authority enhanced and expanded commerce.

Or in other words if the States were not destroyed (South)or voluntarily dissolved (North) no reconstruction acts would have been necessary.

The only problem with the above is that under Parliamentary Law the Union could be dissolved lawfully.

So no war no UNION (military) of North + South.

"The United States went to war in 1861 to preserve the Union; it emerged from the war in 1865 having created a nation. Before the two words ' United States' were generally used as a plural noun: 'the United States are a republic.' After 1865 the United States became a singular noun. The loose union of states became a nation." James M. McPherson, Abraham Lincoln and the Second American Revolution (Oxford University Press, 1991), p. viii.

"The de facto transition of the United States from a federation to a federal state is marked by the gradual use of a singular rather than a plural verb." Charles G. Fenwick, International Law, 3d rev. ed. (Appleton-Century-Crofts, Inc., 1948), p. 148 n. 62.

The application of martial law varied in each State depending on whether the State was one of the Southern Confederacy, or one of the pro-union states , or came into the new UNION after the 1861-65 war.

Roosevelt leveled all of the new legal fiction STATES to a common standing.

Roosevelt through executive order(s) ratified by CONGRESS extended emergency powers and declared all Americans 'enemies' of the UNITED STATES, converted all acts involving money to commerce that required a license to conduct business; created the tools for the licensure of all Americans and the registration of all automobiles.

By E.O. FDR altered one word one word in the Trading with the Enemy Act (50 U.S.C.A. App., Sec. 1 et, seq.),which made people living in the states enemies of the United States, and subjected them for revenue purposes to licensure in all commercial activities.

Instead of this Act (originally passed during WW1) applying to persons doing business with the enemy 'without the United States' it was changed to read to 'within the United States'.(E.O. No. 2040, March 9, 1933 was ratified by Congress)

Present law forbids member banks of the Federal Reserve System to transact banking business, except under regulations of the Secretary of the Treasury, during an emergency proclaimed by the President. 12 U.S.C.A, SEC. 95

Because of 12 U.S.C.A., Sec. 95 every President re-affirms the state of national emergency, annually.

Nonetheless, the long period of the Cold War and of active hostilities in Korea and Indochina, in addition to the issue of the use of troops in the absence of congressional authorization, further created conditions for consolidation of powers in the President.

In particular, a string of declarations of national emergencies, most under, in whole or partially, the Trading with the Enemy Act,\152\ undergirded the exercise of much presidential power.

In the storm of response to the Vietnamese conflict, here, too, Congress reasserted legislative power to curtail what it viewed as excessive executive power, repealing the Trading with the Enemy Act and enacting in its place the International Emergency Economic Powers Act (IEEPA),\153\ which did not alter most of the range of powers delegated to the President but which did change the scope of the power delegated to declare national emergencies.\154\

Congress also passed the National Emergencies Act, prescribing procedures for the declaration of national emergencies, for their termination, and for presidential reporting to Congress in connection with national emergencies.

To end the practice of declaring national emergencies for an indefinite duration, Congress provided that any emergency not otherwise terminated would expire one year after its declaration unless the President published in the Federal Register and transmitted to Congress a notice that the emergency would continue in effect.\155\

Whether the balance of power between President and Congress shifted at all is not really a debatable question. \152\Sec. 301(1), 55 Stat. 838, 839-840 (1941). \153\91 Stat. 1626, 50 U.S.C. Sec. Sec. 1701-1706. \154\

Congress authorized the declaration of a national emergency based only on ``any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or the economy of the United States. . . .'' 50 U.S.C. Sec. 1701. \155\P. L. 94-412, 90 Stat. 1255 (1976).

military currency

(DOD, NATO) Currency prepared by a power and declared by its military commander to be legal tender for use by civilian and/or military personnel as prescribed in the areas occupied by its forces. It should be of distinctive design to distinguish it from the official currency of the countries concerned, but may be denominated in the monetary unit of either.(FRNs appear to be WAR SCRIPT)

The Lieber Code is on file at the International Court of Justice. The "Lieber Code" is named in honor of its drafter, Dr. Francis Lieber, a law professor who had two sons fighting for the Union and one son fighting for the Confederacy during the 1861-65 War.
LIEBER CODE

Martial law and or Martial Rule are branches of the law of war, which is a branch of the law of nations which is Roman based international law; Justinian's code and regulation which has been in effect since April 15, 1861. The U.S. CODE sits under the Lieber Code and not the "We the People" constitution?

Congress sits under the commander-in-Chief as do the STATES, COURTS and all LAW enforcement.

If Lincoln and those who came after him did away with the common law what was put in its place?

The answer here is Roman based law represented in the Codes of Justinian.

The resurrection of Roman law at the end of the eleventh century was a unique event in legal history and changed the future of European law. Shadowy figures with unusual names like Pepo and Irnerius began to teach the law of the ancient Romans at Bologna. The law that they taught was late imperial law that had been compiled by the Emperor Justinian in the sixth century.

This codification, the Corpus iuris civilis, yielded the material for teaching Roman law in the eleventh century. Its doctrines provided medieval jurists with a sophisticated model for contracts, rules of procedure, family law, testaments, and a strong monarchical constitutional system. Six hundred years after his death, Justinian's name became eponymous for legislator and codifier.

Justinian's codification had consisted of four parts: the Institutes, an introduction to Roman law originally written for first year law students, the Codex, containing imperial legislation from the second to the sixth century, the Digest, a compilation of excerpts from the writings of the Roman jurists, and finally, the Novellae, a compilation of Justinian's legislation.

The Digest was of fundamental importance for understanding the intricacies of Roman law. The excerpts from the Roman juris consults defined terms, discussed theoretical difficulties, cited court cases, and made the mass of legislation found in the Codex understandable and, therefore, usable. Without the Digest Roman law would have had little influence for European legal systems of the Middle Ages.

The medieval Digest and Codex, like Justinian's codification, are divided into books, the books then subdivide into titles and each title contains subchapters of excerpts of the Roman jurisconsults (Digest) or laws (Codex). However, the format of the medieval Corpus iuris civilis, known as the Littera Bononensis, was quite different from Justinian's codification.

The most significant accomplishment of the ius commune the Middle Ages was the intense literary activity of the jurists. From the twelfth to the fifteenth century they explored every nook and cranny of Justinian's Corpus iuris civilis and produced a massive legacy of juristic writings.

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HENRY SUMNER MAINE- Whose lectures are still taught today at Yale Law School

A great part, then, of International Law is Roman Law

The habit of identifying the Roman law with the Law of Nature, for the purpose of giving it dignity, was of old date in Europe.

When a clergyman or a lawyer of an early age wishes to quote the Roman law in a country in which its authority was not recognized, or in a case to which Roman Law was not allowed to apply, he calls it 'Natural Law 'Setting aside the Treaty Law of Nations, it is surprising how large a part of the system is made up of pure Roman law.

But there is other evidence of the respect paid to the details of his system. Among the most interesting legal products of our day are the Manuals of the usage's of war which a great number of civilized states are now issuing to their officers in the field. The Manual prepared for the United States is the oldest of them. (Lieber Code)
INTERNATIONAL LAW. A SERIES OF LECTURES BY HENRY MAINE
DELIVERED BEFORE THE UNIVERSITY OF CAMBRIDGE IN 1887.

International Law : Lectures; by Henry Maine: --Yale Law School

Henry Sumner Maine lectures on the below.

1: Ancient Codes, 2: Legal Fictions,3: Law of Nature and Equity, 4: Modern History of Law of Nature, 5: Primitive Society and Ancient Law, 6: Early History of Testamentary Succession, 7: Ancient Ideas Respecting Wills and Succession, 8: Early History of Property, 9: Early History of Contract, 10: Early History of Delict and Crime

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The Constitution of the United States, while retaining other Roman principles of public law, departed Rome altogether in separating Church from State. Philip P. Wiener, ed., Dictionary of the History of Ideas: Studies of Selected Pivotal Ideas (New York: Charles Scribner's Sons, 1973), vol. 3, p. 690. FREEMASONRY AND UNITED STATES GOVERNMENT-Do not miss this!

The above is contrary to what the Jural societies preach, but one must remember that the founding fathers had just fought the revolutionary war against "His Most Christian Majesty".

Lincoln replaced the common law law enforcement with the only law that was available as a codified whole, i.e., with the codified laws of Rome, by Justinian. (Lieber Code is Roman based law of war)

We find today, a vast number of parallels between the old Roman codes and modern codes.

Under Martial law, all property belongs to the military except for that property which the Commander-in-Chief may, exempt from taxation and seizure.

After Lincoln, a new type of government was born in America when the District of Columbia was incorporated in 1872. In U.S. Titles and Codes, the District of Columbia can also be called, the "United States".

The roman based law of nations of which the law of war is a branch has always been a part of the law of America (Art 1 Sec. 8).

This "law of nations" needs no constitution to exist.

Congress was given the power to define and punish offenses against the law of nations at Article 1 section 8 of the We the People constitution.

The Patriot + Militia type legal arguments were settled in the highest COURT of all; The battlefields of the civil war. The source of law is war. The COURTS have no jurisdiction in political power matters.

The victor makes the law. We the people get to vote and take part in this martial law-rule system of GOV. of ourselves which is law enforcement by force.

The old order Amish and Quakers must have known or know the law of war. The old order Amish and quakers chose not to participate in, receive benefit or privilege from the GOV. created by Lincoln and those who followed him. The U.S. law of war preserves religious institutions, but One must stay out of commerce.

One must live according to God's Law and self government or one will live by the law of man and man's government. Man's government will make sure that Christians strictly adhere to God's Law or man's law. If one claims to be at common law in a Christian venue, yet lives under a non-Christian system, and daily engages in commerce forbidden by Scripture, one is punished for his lies, contradictions, fraud, and deceit, which are unlawful in God's court. One cannot claim the benefits of God's Law and and still want benefits from Rome and commerce. God is long suffering and may take His own time but man wants his punishment now and has created man's courts to fulfill that demand.

These jural type societies can Lawflly exist today but one must stay out of commerce and not except any benefit including an address which is a commercial venue from today's government.
Some Jural Society Info. + more. Check Out the Grammar!

Only the people have the sole and exclusive right, power, and authority to alter, abolish, or create a Lawful Civil government. Since corporations are legal fictions, they became the logical means through which the new government carried on its business.

After the 1861-65 War ended and hostilities were declared at an end, the Lieber Code justified keeping martial law a secret.

The "United States Code" sits under the "Lieber Code".

Codification of United States statute law.

On June 27, 1866, Congress passed An Act to provide for the Revision and Consolidation of the Statute Laws of the United States, ch. 140, 14 Stat. 73. This act authorized the President of the United States "...by and with the advice and consent of the Senate, to appoint three persons, learned in the law, as commissioners, to revise, simplify, arrange, and consolidate all statutes of the United States, general and permanent in their nature, which shall be in force at the time such commissioners may make the final report of their doings."

From this act, the Revised Statutes (R.S.) of 1875 were born as the first "code" of the United States.

What was the main purpose of this codification? To "bring together all statutes and parts of statutes which from similarity of subject, ought to be brought together, omitting redundant or obsolete enactment's, and making such alterations as may be necessary to recognize the contradictions, supply the omissions, and amend the imperfections of the original text."

In other words, to set up a code that would disguise the martial law legislation born out of the civil war by "omitting obsolete enactment's" of the former constitutional republic.

Section 5596 of the Revised Statutes of the United States, purports to repeal all previous acts of Congress codified in said Revised Statutes. The repealer is in the following words:

"All acts of Congress passed prior to said first day of December one thousand eight hundred and seventy-three, any portion of which is embraced in any section of said revision, are hereby repealed, and the section applicable thereto shall be in force in lieu thereof; all parts of such acts not contained in such revision, having been repealed or suspended by subsequent acts, or not being general and permanent in their nature...." Ch. 74, § 5596, R.S. (1875), 1085.

Section 5595, (R.S. 1875), just previous to the repealer states that said Revised Statutes of the United States contain all the "statutes of the United States general and permanent in nature in force" on the date mentioned in the act, December 1, 1873.

The provisions of section 5596 above are important to any investigation of legislative history, and are equally important to determining the current state of "codified" statutory law, since, the Revised Statutes of the United States are the predecessor of all codes (martial rule) of the United States.

The heated debate that transpired in the House of Representatives, over the Revised Statutes, revealed that the rules of the House of Representatives deemed a quorum to be present unless a quorum vote was called to make a record reflecting otherwise.

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There is no stare decisis, i.e. no prior decision of any court, binds the present COURTS under the law of war and there is thus, no federal common law.

Read the TITLES of the U.S. CODE; You will find the sections of the "We the People" constitution that were codified into field code and regulation.

Read The U.S. Code, you will see the code law authority for;

The Congress

The President

Flag and Seal, seat of Government, and the States.

So on and so forth!

All Justinian's Roman based code law put in force by the Commander-in-Chief.

Of course under today's system of law the Constitution can be cited or used as law at the option of the US government.

Martial law courts manipulate Rules of English grammar to protect their own status.

The new STATES created by the reconstruction acts write their title as The State of California, (instead of California State, or, California Republic) or in all caps (uppercase) as in THE STATE OF CALIFORNIA, instead of proper upper and lowercase letters, and use abbreviations such as CA, TX, MT, KS, NJ, and so on, all of which are misnomers.

Nouns name persons, places, or things. General nouns denoting a class of persons, places or things. Are never capitalized. If we mean a specific person, place or thing, only the first letter is capitalized. In today's courts, persons, places, things, and entire court processes are often written in all capital letters, a clear violation of The Rules of English, and violate the common law as well. This is done to fully inform defendants and plaintiffs of the type of court that will hear a case.

5. In general a corporation must contract and sue and be sued by its corporate name; 8 Jobn. R. 295; 14 John. R. 238; 19 John. R. 300; 4 Rand. R. 359; yet a slight alteration in stating the name is unimportant, if there be no possibility of mistaking the identity of the corporation suing. 12 L. R. 444.

Appearance cures all defects of process.

An appearance is any act or proceeding by which a defendant places himself before the court, in order to participate in an action. "Personal jurisdiction or power to render a judgement in personam may be acquired either by personal service of summons or by appearance. If a defendant or his attorney does any act with reference to the defense of the action, he is held to submit himself to the court and all defects in service of process are thereby cured."

Persons and all its related entities (human or corporation), are subject to Codes, Ordinances, Rules, and etc. of the U.S., the 'States of,' 'Counties of,' 'Cities of,'.

Any claim of Sovereign jurisdiction of any of the fifty "STATE OF ________"s federal political subdivisions is bogus

State

A term of international law: those groups of people which have acquired international recognition as an independent country and which have four characteristics; permanent and large population with, generally, a common language; a defined and distinct territory; a sovereign government with effective control; and a capacity to enter into relations with other states (i.e. recognized by other states). The USA, Canada and China are examples of states. States are the primary subjects of international law. The United Nations is comprised of all the states of the world. Some large states have subdivided into smaller units each having limited legislative powers normally restricted to subjects which are more properly regulated at a local, rather than a national level. Thus, the states of the USA are not really "states" under international law. It is common for the general public and English dictionaries to use the word "nations" to refer to what international law calls "states."

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The 1861-65 war in effect created one nation (State) with it's U.S. citizens being incorporated in a commercial venue.

You may not realize it but, your misnomered "STATE OF ________" is a federal administrative agency, a quasi federal corporation with a legal fiction title of "STATE", which was not a party to the "We the People" constitution.

Many original state constitutions specifically specified their state name in as "state of _______," grammar was everything at common law.

A misnomer is, any spelling of a name not consistent with the Rules of English Grammar and the way in which one customarily uses his name. Thus a nom de guerre, a name spelled in all capital letters, such as JOHN DAVID SMITH or John D. Smith does not conform to the Rules of English and is thus a misnomer.

nom de guerre: literally, "name of war." For the Rule governing it's use, see The California Style Manual, by Robert E. Formichi, published by The California Supreme Court, 1986, Section 196, page 13, "Style Manual Title." (all uppercase words + initials)

Ibid. Queen v. Plenty; and initials were no name at all.

Vide. Bacon's Adbridgment, under misnomer, The Queen v. plenty, court of the Queen's Bench, 4 C.Q.B.46

Remember, grammar changes the context or meaning of a word.

In what "context" does one interpret an "initial", is an "initial" a proper noun, verb, title or legal fiction?

LEGALLY or Lawfully; what would one assume or interpret this initial to mean?

For example; it shall be unlawful to H. over G. after D. within the City limits of S.

Again I say; open any law book; and excluding martial law titles (defacto), explanations, name of the law, or text within ( ) and you will not find a valid law, code or regulation with an initial.

Words and numbers within brackets are "extraneous, explanatory, and interpolated matter." ("The Style Manual," for the California Supreme Court, 1984.)

If you believe an initial has no legal meaning, why is an initial asked for on Gov. applications for benefits?

We are in federal (STATE OF_______) STATES (political subdivisions)and are not foreign to Washington D.C..

Zip Codes, are created fictions that number specific commercial geographic areas but are not a part of the land it's self.

So what position does leave us in with Congress having exclusive legislative authority in Federal areas?

Was not the District of Columbia, 10 square miles and or the Gov. established by the "We the People" constitution, foreign to each State, as each State was foreign to each other?

Did not Congress have exclusive legislative authority over this Gov. and area?

Was not this Gov. and area a sovereign nation-state able to make treaties and war?

Was not this Gov. internationally recognized as a nation?

Now; this nation-state entity has a name.

When referring to the above entity; United States, one would be referring to a singular entity.

If the above be true; the United States, when used in the above context that "United States" is used; "always was singular".

As for the "Laws of War of the United States"; (Lieber Code + A.F.M. 27-10) they are that of the singular entity described above.

An invading, occupying singular force legally expanding it's territory.

Alaska and Hawaii were no longer defined (U.S. Code) as states when they joined the Union.

The "States in Free Association" (26)(63rd Congress, Oct, 3, 1913. sess. I., CH. 16, page 177)

The above States referred to as State(s) in U.S. Code has caused many much confusion!

The above States are also referred to as "Free Compact States."

Some of these "States" are or were; District of Columbia, American Somoa, Guam, Commonwealth of Porto Rico, Virgin Islands, Midway Island, Wake Island, Johnston Island, Baker, Howland and Jarvis Islands, Navassa Island + on.

Now the above entities along with the singular "United States" might be referred to in the plural context, "United States", or may be falsely referred to as "The Federal Zone".

Short-form name                    Geopolitical
Long-form name           Sovereignty  Code 1   Capital


01. American Samoa
Territory of American Samoa
                             United States  AQ   Pago Pago
06. Baker Island     
(no long-form name)
                             United States  FQ   Admin. fr. Wash. D.C. 

32. Johnston Atoll
(no long-form name)
                             United States  JQ   Admin. fr. Wash. D.C.
33. Kingman Reef 
(no long-form name)
                             United States  KQ   Admin. fr. Wash. D.C.

38. Midway Islands     
(no long-form name)
                             United States  MQ   Admin. fr. Wash. D.C.

40. Navassa Island
(no long-form name)
                             United States  BQ   Admin. fr. Wash. D.C.

45. Northern Mariana Islands 
Commonwealth of the Northern Mariana Islands
                             United States  CQ   Saipan
46. Palmyra Atoll 
(no long-form name)
                             United States  LQ   Admin. fr. Wash. D.C.

49. Puerto Rico 
Commonwealth of Puerto Rico 
                             United States  RQ   San Juan
58. Virgin Islands 
Virgin Islands of the United States
                             United States  VQ   Charlotte Amalie
60. Wake Island 
(no long-form name)
                             United States  WQ   Admin. fr. Wash. D.C.

Novation + the Voluntary Nature of the Income Tax".

237. Liability of a surety. It is the duty of the surety to seek out the creditor at maturity and see that the debt is paid. Surety and principal are jointly and severally liable to the creditor.

The surety is therefore liable as soon as default is made, and no demand upon the principal debtor or notice of his default is necessary. This liability on the part of the surety is a continuing liability. Delay on the part of the creditor to enforce collection from the debtor will not release the surety. (BURGESS' COMMERCIAL LAW, BY KENNETH F. BURGESS AND JAMES A. LYONS, 1915, 1921 by LYONS & CARNAHAN, p.168)

Novation is not complete until the adult voluntarily assents to being a debtor, by submitting an application for a benefit, privilege, immunity, or opportunity from any branch of a martial law agency.

It does not matter whether it's The dept. of Motor Vehicles or, The Social Security Administration, the effect is the same. A person is a surety for the debts of the United States, a federal corporation (singular), who has entered into commerce for some benefit, privilege, etc..

One cannot claim to be "sovereign" and still claim benefits from Rome and commerce.
THE FEDERAL INCOME TAX IS AN EXCISE TAX

United States Code (United States being singular)

Title 39.--- THE POSTAL SERVICE (1958 edition)

New equity page.

Equity law info.