Page 264 - Fruits from a Poisonous Tree
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248 Fruit from a Poisonous Tree
Recently I reviewed a program in which a diff erent 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.