From: walterburien@cafr1.com

To: NATIONAL@cafr1.com

CAFR1 NATIONAL RELEASE - 02/16/08

> Please comment, and help with the solution

> 1st. Down

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"Comment?" Well, in the olden days when the scales tipped it was: Keep your powder dry.

"Solution?" Shoot straight and make every bullet count. For every forty you take out, it makes it that much easier for the next guy.

The cycle is nothing new. It has repeated itself a hundred times over the decades going back 6000 years. People find themselves in the pits, work hard to get to a point of excellence, a few generations pass, and the new forget why the old fought so hard to get out of the pits in the first place and thus the slippery slide repeats itself until the fight begins and the ethics are re-established to pull oneself out of the pits again.

Remember that time lapse video of a bowl of fruit where they condense sixty days into 60 seconds. At the end of 60 seconds the bowel contains one big mound of common fungus that devoured the fruit and then the fungus would dry up and blow away. We allowed government to devour the fruit (us) and we are at day 51.

Turn the clock back to day 15 you ask? TRF

Walter J. Burien, Jr.

P. O. Box 2112

Saint Johns, AZ 85936

Tel: 928-445-3532

Website: http://CAFR1.com

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Pension funds pay a salary and benefits at retirement. Any local government can be restructured to meet their annual budget needs "Without" taxes. TRF (Tax Retirement Funds) paying for every City, County, State’s annual budgetary needs! This now makes the people the true owners with government being the true service provider. Government has already shown that a TRF works by example through the management of their own combined multi-trillion dollar pension funds! CAFR1 says: Make it law and make it so!

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From:	1st-down@[SNIP].com
Subject:	Roman law of War,
Date:	Sat, February 16, 2008 9:35 am
To:	"Walter J. Burien Jr." <walterburien@cafr1.com>

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Please comment, and help with the solution

subject: Roman Law the laws of war.doc

  All our history follows general rules of Roman Law that being and including the laws of war

 

      United States started out as a British colony. Approximately 1722 an organization was brought onto colonial soil called the BAR Association – believed to be an acronym for British Acredited Registry or Regency this agency promoted merciless taxation and control of the colonists as well as severe punishment through the BAR..

    A regency is something that is put in place while the king or queen is absent usually headed by a regent.

     1776 was the supposed Revolution

      Jefferson, in 1806, signed in powers of war into the Presidential office. Thus allowing the President to simply declare war “and there was a war”. 2 Stats. 259, April 10, 1806.

 

     In 1861 occurred the war between the states

  On March 27, 1861, when seven Southern states dismissed themselves from Congress, they never reset another date to reconvene a sine die  (pronounced see-na de-a).  Lincoln then waged war on the Southern states  ). During this time Congress never reformed or set a date to reconvene. The problem was, now an actual emergency did exist, lack of enough of a lawful currency now would prevent the Continental Congress from reassuming office under their Constitutional mandates ( Journal of Senate of United States of America, 2nd Session, 36th Congress, Dec. 3rd, 1860, printed in 1861). Congress adjourned without setting  reopening date) such a adjournment fully dissolves an assembly, absence of contrary constitutional provisions or by laws of assembly (none were known to have existed).  - Robert’s Rules supra. pg. 62... thus the Continental Congress ceased to exist as a lawful legislative authority.- Robert's Rules supra. pg. 63.

   Congress reconvened in 1863 by Presidential order and became the U.S. Congress.

1917 Trading with the Enemy Enacted which was reinstated on the American people by Roosevelt in 1933

In 1934, Roosevelt met with the International Labor Organization,  (ILO) and once again,unauthorized, pledged the people's support through the Social Security System and taxes.

Around this time the taxation of people's labor and compensation went into effect. Most, if not all, was transferred to what is now called the International Monetary Fund, today headed by the U.N.,then known as the ILO.

Roosevelt, in 1935, made it mandatory for all U.S. residents to be employed, using a Social Security Number,  to make this unauthorized deal sound better he added guaranteed retirement and health  policies to "compensate". He offered this "deal" in the form of an insurance policy. Later , in many reports and investigations, it was confirmed that the Social Security System was not and is not any form of  insurance. 

On November 19, 1973, Congress met to review the War Powers and Emergency Acts. In report  93-549, they reaffirmed , that the United States of America has  been in a perpetual state of emergency and or war since 1933, and confirmed that this same emergency was still in effect at the time of this report. This means that nearly every President since Roosevelt had redeclared this unlawful act.

Later Presidents worsened the situation  by issuing the following Executive Orders (EO) , that are still on the books today. They are as follows:

EO 11490  Placed all private land under Department of Housing and Urban Development, placed all personal property under general Services and Administration. It also took over all forms of labor and production. It puts the  following into effect any time an emergency is declared.

Gives the government full control over :*....

       EO 10995 ...... Telecommunications management.

       EO 10996 ...... national media.

       EO 10997 ......all power,  fuels,  and minerals.

       EO 10998 ...... over food and farms.

       EO 10999 ......all transportation and highways.

       EO 11000  Allows the government to transport civilians to areas and form work brigades.

       EO 11001  ..... education, health , and welfare services.

       EO 11002  Creates a national registry program  centered in Post Offices.

       EO 11003  ....... all airports and planes.

       EO 11004  Power to relocate any population within US boarders.

       EO 11005  ....... all railroads, waterways, and storage facilities.

       EO 11731 will break boundaries of states, into `10 labor regions. (ZIP Code).

       EO 11921 Gives government the power of total censorship of media.

 

      President Clinton has declared several  emergencies.  As follows;

November 14, 1994, EO 12851, 12924, and 12938 were issued as a war on weapons of mass destruction, and on export regulations .

November 9, 1995, continuance of 12938.

October 21, 1995, EO 12978 , A war on drug Traffickers was issued.

November 12, 1997 , reissuing of EO 12938.

This research was done in 1998 and proves that the U.S. has been in a perpetual state of war and or emergency from 1933 to the year 2000. (Each declaration has a three year lifespan).

Even the State church status is based on the War Powers Act. Stating the founding for revocation, by the government,  of operating privileges, as follows:  15 PaCSA Sections 501-503, in P.L. 289 No. 105, P.L. 364 No. 106, P.L. 361 No. 16, all of these quoted statutes started May 5, 1933.

The problem: Most of the American, God given, inalienable rights have "fallen" into the classification of a privilege, which can be disallowed or taken away at the governments whim. Most, if not all, of these converted rights stem off the year 1933 as a founding date.

In 1976 the Pa Supreme Court Seal was changed from 1776 back to 1722.

In 1998 Governor Ridge enacted a law for all courts to follow the Pa Supreme Court in changing the court seal date from 1776 “because of the glorious revolution” back to 1722 “King’s Bench Exchequor Court”

 

Research and Quotes

According to a book called  Documents of Illustration of the Formation of the Union, published by the U.S. Government printing Office there are only three ways to repeal martial law. ... 1.  By Presidential Executive Order BUT a lawful government must exist to transfer the power to. ( one down two to go). 2. Conquering power may terminate emergency with it’s own Executive Order. ( If another country seizes power we have little assurance we will never see our freedoms again). 3. An uprising of the people. It has been said that these War Powers Act have been revoked but no one can produce any evidence on record, while war time executive orders continue to flow from the White House.

 

Summary on: Military Government and Martial Law by Wm. Birkhimer Major General Staff U.S. Army  (1914). pg. 136. not only the laws, but the courts for administering them are as such as the conqueror may elect. pg. 146. Civil rights and civil remedies may be suspended, and military laws and courts and proceedings may be substituted for them, or new legal remedies and civil proceedings may be introduced. 6 Coldwell 391; 7 Coldwell  341 contra, 12 Heiskell 401. pg. 156.  Not only do the United States courts have no common law criminal jurisdiction, but military tribunals,..... cannot take cognizance of crimes perpetuated by it’s members who have ceased to belong to the army. 48, 60, 103, Articles of War. pg. 157. Laws of the invaded country have no validity, as affecting members of the conquering army.  Case of Capt. Foster, 5 Opinions Attorneys General 55; Barr, International Law, pg. 700, Capt. C. M.  Brownell, Opinions Attorneys General Vol. 24, pg. 574, 97 U.S. R. 158, 23 F.R. 795. pg. 168. The victor may either prohibit all commercial intercourse with his conquest or place upon it such conditions or restrictions as may be deemed suitable to his purpose. Helleck ch. 32 Sect. 9. pg. 180. In laws of war : any property is confiscable The whole doctrine of confiscation is built on the whole idea that it is a means of coercion, depriving the enemy of property..... furnishing the later with a means to carry on the war.  Miller vs. U.S. , 11 Wall pp. 305-06. pg. 187. Sect. 181 Aug. 6, 1861 & July 17, 1862 provide for confiscating private property. pg. 201. rules do not interfere with the right of the invader to tax people or their property, to levy forced loans... appropriate property, especially houses, lands, ships, boats, churches for temporary military use. Helleck ch. 19, sect. 13;  Manning pg. 188;  Mrs. Alexander’s cotton , 2 Wallace 420;  Lamar vs. Browne 92 U.S. 194;  Boyd’s Wheaton pg. 411. pg. 229. alien enemy, though he has not the right to sue, may be sued in the courts of the adverse belligerent, maintained that when so sued he had a right to appear and defend. 11 Wallace 267. pg. 241. That under the laws of war all such residents are considered enemies.  2 Black pg. 674,  92 U.S. 194. pg. 242. Licenses granting rights on the public domain should be revocable in their nature, to continue no longer then military jurisdiction lasted and thereafter until the civil power could make suitable disposition. 22 Opinions Attorney General, pg. 548, 23 ibid.,  pg. 226, 562; 20 Wallace pg. 387,  Magoon pg. 353, 356, 450, 497.

          pg. 244. Property upon capture is considered to be transferred directly to captor.

          pg. 245. original claim on property has been completely extinguished.

          pg. 246. Those benefiting from military may be required to pay debts. Bluntschli 1, Sect. 149. pg. 249 . military government disappears , rights of the original State and subjects revert. Changes in original constitution are inoperative, ancient laws and administration  are reestablished, private rights stand, dispositions of State property made continue binding, restored State ought not to make retrospective use of it’s  authority pg. 269.  without license ( International Law Sec. 309.) renders all contracts with the enemy null and void during the war. 8 Cranch pg. 149; Wheaton Sec. 317; Kent 1 pg. 67, & note. in all commercial nations trading with the enemy, except with license, subjects the property to confiscation, or to capture and condemnation.

pg. 358 . Exchequer court,  Chief  Baron said.. no action will lie against a judge for acts done or words spoken in his judicial capacity in a court of justice.... including superior courts,  court of a coroner, and to a court-martial , which is not a court of record.   

pg. 386. Martial law is unwritten. it is more extensive then military law, overrules all other law is entirely arbitrary.  Finlason , Repression of  Riot and Rebellion , pgs. 135- 36, 195.

pg. 462. unquestionably, a military government , established as the permanent government of a State, would not be a Republican government          

            pg.  464. martial law allows arrest without warrant, breaking into houses, trial by courts-military of civil offenders and acting generally under military orders to exclusion of civil precepts.

             pg. 509. all civil ordinances and instrumentalities  may be ignored, they exist only at the will of the commander, but they remain in existence and continue in operation unless he decides to the contrary.

              pg. 510. Constitution of the United States allowing suspension of writ of habeas corpus.  War Powers 10th ed.  pg. 190.

              pg. 511. in martial law, districts those who act as enemies, or are known , or by word of mouth, may be arrested. Whiting War Powers , pg. 198.

 

 

Christian Jural Society- Book of the Hundreds &  Separate sources back the following findings:

     pg. . 14:  Alien Act of 1798 Congress gave President unlimited power.  cite; President Office and Powers 1787-1957 by Edward S. Corwin, 4th Revision N.Y., N.Y. University Press 1957.

pg. 28:  Constitutional form of Republic government- the term state is used to express the idea of a people or political community as distinguished from government. Texas vs. White 7 Wall. 700, Bouvier’s Law Dictionary 1914, “ State”, pg. 3124 Government is different when referring State from state.

pg. 46: Establishment of military tribunals for trial of citizens, during time of peace. Congressional Record- House June 13, 1967, pg. 15643.

pg. 50: All courts are subject to military supremacy . Chase’s Decisions, 133.

        pg. 51: Original Admiralty jurisdiction was only in the  U.S. District Court. Bouvier’s  Dictionary of Law 3rd ed. Vol. 1.

pg. 56:  No persons can make themselves a body corporate and political without legislative authority. Corporate capacity is a franchise. Ca. vs. Central Pacific Railroad 127 U.S. 1

pg. 68:  D.C. incorporated 1871 & pg. 43 This incorporation was provided for by the Act of  Feb. 21, 1871, 16 Stats. 419

pg. 114:    Rights of ancestor’s to recover natural rights taken. Richard Blandon -The Inquiry,  1775 cited in Rossiter supra. pg. 269.

pg. 118:  Bible is the foundation of Common Law  . Wylly vs. Collins 9 Ga. 223, 237, (1851).

pg. 122:  Citizens duty to keep government from error. American Communications vs. Douds 339 U.S.  382, 442.

pg. 181: state - a Christian people with dominion over all geographical territory  which makes them lords of the soil. While State - name of a ministerial government. (a created entity) -  Riddle’s Latin Lexicon.

            pg. 193:  President is a nonresident. 

            pg. 256:  Alien enemy cannot maintain an action during war, in his own name. alien - Wharton’s Pa. Digest Sec. 20.94 cited in Oxford English Dictionary 2d Ed. , 1989, Clarendon Press. Alien Act of 1798 Congress gave President unlimited power.    D.C. incorporated 1871 &              This incorporation (of D.C.) was provided for by the Act of  Feb. 21, 1871, 16 Stats. 419.

   state - organized political community. 59 CJ 18, quotes Silver Bow County vs. Davis 12 P. 688, 690, 139 U.S. 438.

"These rights can be destroyed only by destroying the communities which have inherited them. To destroy communities for the enjoyment of their inherent rights, is a crime of nameless atrocity". Crimes of the Civil War (1868) Judge Henry Clay Dean, pg. 27

    "The fringe is strictly within the discretion of the President as Commander-in-Chief of the Army and Navy."  34 Ops. Atty Gen., 483

"The law of such courts is The 1933 War Powers Act, which is admitted " - even in everyday newspapers.  See Militia leader goes to jail for contempt, in the Valley Daily News, Kent, Washington,  Tuesday, May 7, 1996.

" If a man invades my property he becomes an aggressor, and puts himself into a State of War with me : I have a Right to oppose this Invader; If I have not Strength to repel him, I must submit,  but he requires no right to my estate  which he has usurped. Whenever I recover Strength I renew my Claim, and attempt to regain my possession ; If I am never strong enough, my Son, or his Son, when able can recover the natural right of his Ancestor which has been unjustly taken from him." Richard Bland in the Inquiry, 1775, cited in Rossiter supra pg. 269.

"All inferior courts (of Federal Courts),  act as military courts in summary court martial proceedings against civilians ." State of California code  1994, Bancroft & Whitney (In effect this is for civilians who are residents under federal law. Resident means alien           

     Such cases are "resolved for revenue purposes, by necessity not by law." a derivative of (statutory "law" of Municipal or Traffic Courts  is The 1933 War Powers Act as amended.

    Chief Justice Chase in his address to the Bar, at Raleigh No. Carolina, June 1867. "The national military authorities took the place of all ordinary civil jurisdiction  or controlled its exercise.  All courts whether state or national, were subordinated to military supremacy, and acted, when they acted at all, under such limitations and in such cases as the commanding general, under the direction of the President, though fit to prescribe." Chase's Decisions 133

     The fact of a fictitious State existing, for other purposes then common law, must make the people a fiction also. "The Maxim is: Disparata non debent  jungi  Dissimilar things ought not to be joined. "  Bouvier's Law Dictionary  and Concise Encyclopedia, by John Bouvier, 3rd Rev., 8th Ed. by Francis Rawle, 3 vols., published by William Hein Co., Buffalo, New York,  1984, See Vol. II, Maxims pg. 2131.

   Pennsylvania statute quote that fictitious and corporate names are spelled in all Roman (CAPITAL) letters  15 PaCSA 5303, 5306

 

    The Buck Act, Public Law no. 8177, 4 USCS, Ch. 4, Sections 101 -113. Created a federal territory within the state. A fictional State within the state. Mercer vs. Magnent 40 Fed. 3rd 893, Howard vs. Commissioners 344 U.S. 624.

        “ State vs, state”: 31 CFR 51.2 & 52.2

         U.S. citizens are not Citizens of a state. U.S. vs. Olmstead 277 U.S. 438.

         Resident (in tax law) means alien. Bowring vs. Bowers  24 Fed. 2nd 918.    Nonresidents may include citizens. Robinson vs. Ocean Steam Naval Co. 112 N.Y. 315, 19 N.E. 625, 32 ALR 22, 74 ALR 720, 100 ALR 1152.

     National owing permanent allegiance to a state. 8 USCS Sect. 1101 (21).

      U.S. citizenship is of the 14th Amendment  3 A Am Jur. 2d, Sect. 1412. Aliens and Citizens subject to U.S. jurisdiction  3 A Am Jur. 2d, Sect. 1419, born in a territory over which the U.S. is sovereign.

      14th Amendment was never lawfully passed. Dyett vs. Turner 430 Pac. 2d 266.

      It is quite clear then, that there is a citizenship of the United States, and a citizenship of a state. Slaughter House cases 83 U.S. 36,  pg. 408, U.S. vs. Cruikshank 92 U.S. 542.

      14th Amendment privileges are for citizens of the federal government. Jones vs. Temner 829 Fed. Sup.  1226.

      A citizenship of the United States and a citizenship of the state, and the privileges and immunities of one  are not the same as the other, is well established. Tashiro vs. Jordan 256 Pac. 545, 549.

      U.S. is a foreign corporation to the states. 19 CJS Sect. 884, Merriam’s Estate 36 N.Y. 505, 141 N.Y. 479,  U.S. vs. Perkins 163 U.S. 623.

pg. 113. When war exists between nations all subjects of one are enemies of the other. Manning pg. 176, Woolsey sect. 125.  

       Private enemy property is not to be taken without compensation.... there are well established and certain exceptions.

         National is broader then the term citizen  Brassert vs. Biddle 59 Fed. Supp. 457, 462 ( Title 22 Sects. 1731 & 1732)

       National does not include alien Scholz vs. Shaughessy 180 F. 2d 450 (Nationality Act 1940, Sect. 101).

        Residence temporary Domicile fixed, permanent Fisher vs. Jordan 116 F. 2d, 183, 186, Minick vs. Minick 149 So.  483, 488 ,Hartzler vs. Radeka 251 N.W.  554 ( 7 C.J.S. “Attachment Sect. 32, pg. 217, 4 Am. Jur. “Attachment” sect. 427).

      U.S. vs. Constantine 296 U.S. 287.

       U.S. defined 8 USCS Sect. 1101 (a) (38) - geographical- includes continental U.S..

 

"Resident as distinguished from citizens,  are aliens who are permitted to take up permanent abode in the country."  Law of Nations, Emerich De Vattel, 1758, sect. 213. Backed by United Nations Treaty U.N.T.S. No. 14668, vol. 999 (1976) pg. 171.

 

       The literal term resident means to identify a thing res=thing, ident = the act of identifying.  This act is done at birth through a Birth Registration where the individual is granted his war, fictitious, or corporate name.

 

From:  Wayne Blanchard  - wayne_rb@hotmail.com