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Main » 2012 » December » 28 » LANGUAGE TO BE CONSTRUED TECHNICALLY
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LANGUAGE TO BE CONSTRUED TECHNICALLY

LANGUAGE TO BE CONSTRUED TECHNICALLY

The language of the constitution is peculiar; it is technical; and it shows on the face of it an intention to limit the technical operation of attainders, not to limit the scope or extent of legislative penalties. If the authors of the constitution meant to say that Congress should pass no law punishing treason by attainder, or by its consequences, viz., forfeiture of estate, or corruption of blood, they would, in plain terms, have said so; and there would have been an end to the penalties of attainder, as there was an end to bills of attainder. Instead of saying, "Congress shall have the power to declare the punishment of treason, but shall not impose the penalties of attainder upon the offender," they said, "Congress shall have the power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted." This phraseology has reference only to technical effect of attainder. The "working of forfeitures" is a phrase used by lawyers to show the legal result or effect which arises from a certain state of facts. Note. Since the publication of the seventh edition, it has been decided by Underwood, J., in the Eastern District Court of the U.S. for Virginia, in the case of U.S. v Latham, first, that the Confiscation Act above cited is authorized by the Constitution; second, that by the terms of that Act (dated July 17th, 1862, ch. 195), as modified by the joint resolution of July 27th, 1862 (No. 63), the punishment of treason is not limited to forfeiture of the life estate of the offender, and is not required to be so limited by the Constitution; but the forfeiture extends to the entire estate in fee simple.

[How do the U.S. government or the States seemingly get around this attainder or ex post facto law when; seizing property of the farmer; or from people whose land they want for national parks; wet land violations they concoct; seizures of all kinds of property under "drug war laws" whether innocent or not without due process? The reasons are found in War Powers, which are constitutional. If you are not found guilty of treason the validity of any statute passed by Congress, or for that matter the State legislatures cannot be questioned, only if your are so charged, and, therefore, what you thought was a protection does not become a protection under the constitutional operation of military rule by civil authorities under War Powers Acts. You will understand by what is stated by Whiting as follows.]

THE CONFISCATION ACTS OF 1862 IS NOT A BILL OF ATTAINDER, NOR AN EX POST FACTO LAW

This act is not a bill of attainder, because it does not punish the offender in any instance with corruption of blood, and it does not declare him, by act of the legislature, guilty of treason, inasmuch as the offender's guilt must be duly proved and established by judicial proceedings before he can be sentenced. It is not ex post facto law, as it declares no act committed prior to the time when the law goes into operation to be a crime, or to be punishable as such. It provides for no attainder of treason, and therefore none of the penal consequences which might have otherwise have followed them from such attainder.

ACT OF 1862, SECTION VI, DOES NOT PURPORT TO PUNISH BY TREASON

If the death penalty is not inflicted on the guilty, and if he be not accused of treason, no question as to the validity of the statute could arise under this clause of the constitution limiting the effect of attainders for treason. No objection could be urged against its validity on the ground of its forfeiting of confiscating all the property of the offender, or of its depriving him of liberty by imprisonment, or of it exiling him from this country. . . .But the crime punished by section 6 is not the crime of treason; and whether there be or be not a limitation to the power of the legislature to punish that crime, there is no limit to its power to punish the crime described in this section,*. See Note, page 111 United States v Latham. Though treason is the highest political crime known to the codes of law, yet wide spread and savage rebellion is still a higher crime against society; . . .

[So now you know that treason is ONLY a POLITICAL crime, how is it that we, the people of America, have become the enemies of the POLITICAL establishment? The answer is very simple after reading my book The New History of America. The political aristocracy who wrote the Constitution did not intend for the masses to take part and become the sovereigns you think you are. No, neither you nor your ancestors were ever party to the contract called the Constitution of any of the colonies nor of the United States. I have quoted the case in my New History of America which I quote only a small part here,

"to this: that the States, in making the Constitution, intended to give up the power of self preservation."

Lastly, the Court at page 491, said this of the People who made the constitutions:

"The people of the States who made the Constitution, considered themselves as the sovereign, and the Government as the subject. They were the principal -- it the agent. That this is also true none will dispute."

We all know it is not us people who made the Constitutions but the select few as stated by the Court at page 520, to wit:

"But, indeed, no private person has a right to complain, by suit in court, on the ground of a breach of the Constitution. The Constitution, it is true, is a compact, but he is not a party to it. The States are the parties to it. And they may complain. If they do they are entitled to redress. Or they may waive the right to complain." END OF QUOTE.

The only way to control the masses is to institute constitutional war powers to institute a different, but constitutional, set of parameters upon the people. Once the war powers are adopted they can change the statutes to fit the ends they want to achieve. They do it slowly so as to not give a clue to the masses. The war powers act of 1862 allowed the President and Congress to constitutionally change the statutes that guaranteed the people, in juries, to rule on both the law and the facts. Not only were the statutes changed that took away the power to judge the law but it also took away the right to be judged by your peers. The meaning of peers will be very evident when reading the next part of Whiting's Book and shows why today you have no such protections because the enemy can have no such protections. Even to the point that the jury is not aware of the slow indoctrination over the years that they really do have the right to judge the law, but not under the Rule of Necessity in the Rules of military Rule.]

STATE RIGHTS AND SECESSION DOCTRINES IN THE JURY ROOM

The jury are by law judges of the law and the fact, according to the opinion of many eminent lawyers and judges. Whether this be so or not, their verdict, being upon the law and the fact, in a criminal case, they become in effect judges of law and fact. Suppose that a judge presiding at the trial is honest and loyal, and that the jury is composed of men who believe that loyalty to the State is paramount to loyalty to the United States; or that the States had, and have, a lawful right to secede from the Union. Whatever of the opinions of the judge presiding in the United States courts might be on these questions, he would have no power to root out from the jury their honest belief, that obedience to their own laws of their own seceding State is not, and cannot be, treason. [Now you are going to see how they have destroyed the jury to gain a conviction in 99 percent of the cases, say IRS cases, so that the courts control the outcome under the doctrine of the Military Rules of War, and the jury be damned.] The first step towards securing a verdict would be to destroy the belief of the jury in these doctrines [sounds like jury tampering] of State rights, paramount State sovereignty, and the right of secession. To decide the issue, according to the conscientious judgment of the jurymen upon the facts and the law, would require them to find a verdict against the United States.

SYMPATHY

But this is not the only difficulty in the operation of this statute. The grand jury and the petit jury are to be drawn from those who are neighbors and possibly friends of the traitor.[remember, a traitor is a "political" enemy as defined by the Solicitor himself and you are a "political enemy" today] The accused has the further advantage of knowing, before the time of trial, the names of all the jurors, and of all the witnesses to be produced against him; he has the benefit of counsel, and the process of the United States to compel the attendance of witnesses in his behalf.* Statute of April 30, 1790, Sec.29. How improbable is it that any jury of twelve men will be found to take away the lives or estates of their associates, when some of the jurymen themselves, or their friends and relatives or debtors, are involved in the same offense!

[now we are going to get to the meat of jurisdiction in IRS cases. I have stated all along and written about it extensively that all revenue is under admiralty, but very few will listen. Well read the next statement of the Solicitor.]

LAWS ARE MOST EFFECTIVE WHICH REQUIRE NO REBEL TO ADMINISTER THEM

Those section of the act of 1862, empowering government to seize rebel property, real, personal, and mixed, and apply it to the use of the army, [today it is the local police usingseized property] to secure the condemnation and sale of seized property, so as to make it available, and to authorize proceedings in rem, conformably to proceedings in admiralty or revenue cases, are of a different and far more effective character.

[Since I have been talking about these acts of seizure and so has the Solicitor, I think it only fair to produce those codified statutes that were born by 12 Stat 319 and never repealed, showing that the war powers and military rule still exists. If the war against the people, by the government was over, these laws would have been repealed.

Notes on Title 50, Section 212 SOURCE (R.S. Sec. 5308.) CODIFICATION R.S. Sec. 5308 derived from act Aug. 6, 1861, ch. 60, Sec. 1, 12 Stat. 319.

Title 50 Sec. 212. Confiscation of property employed to aid insurrection Whenever during any insurrection against the Government of the United States, after the President shall have declared by proclamation that the laws of the United States are opposed, and the execution thereof obstructed, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the power vested in the marshals by law, any person, or his agent, attorney, or employee, purchases or acquires, sells or gives, any property of whatsoever kind or description, with intent to use or employ the same, or suffers the same to be used or employed in aiding, abetting, or promoting such insurrection or resistance to the laws, or any person engaged therein; or being the owner of any such property, knowingly uses or employs, or consents to such use or employment of the same, all such property shall be lawful subject of prize and capture wherever found; and it shall be the duty of the President to cause the same to be seized, confiscated, and condemned.

Notes on Title 50, Section 213 SOURCE (R.S. Sec. 5309; Feb. 27, 1877, ch. 69, Sec. 1, 19 Stat. 253; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167.) -COD- CODIFICATION R.S. Sec. 5309 derived from act Aug. 6, 1861, ch. 60, Sec. 2,12 Stat. 319. Act Mar. 3, 1911, conferred the powers and duties of the former circuit courts upon the district courts. AMENDMENTS 1877 - Act Feb. 27, 1877, inserted ''may'' after ''any district in which the same''.

Sec. 213. Jurisdiction of confiscation proceedings Such prizes and capture shall be condemned in the district court of the United States having jurisdiction of the amount, or in admiralty in any district in which the same may be seized, or into which they may be taken and proceedings first instituted.

Notes on Title 50, Section 215 SOURCE (R.S. Sec. 5311; June 25, 1948, ch. 646, Sec. 1, 62 Stat. 909.) CODIFICATION R.S. Sec. 5311 derived from act Aug. 6, 1861, ch. 60, Sec. 3, 12 Stat. 319. -CHANGE- CHANGE OF NAME Act June 25, 1948, eff. Sept. 1, 1948, substituted ''United States attorney'' for ''attorney of the United States''. See section 541 of Title 28, Judiciary and Judicial Procedure, and Historical and Revision Notes thereunder.

Sec. 215. Institution of confiscation proceedings The Attorney General, or the United States attorney for any judicial district in which such property may at the time be, may institute the proceedings of condemnation, and in such case they shall be wholly for the benefit of the United States; or any person may file an information with such attorney, in which case the proceedings shall be for the use of such informer and the United States in equal parts.

Now this is not the only place that seizure is found. I now move to 28 USC.

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