The Gold Fringed Flag
By J. Krim Bohren
It had thirteen stripes and stars.2 A Flag with fifteen stripes and stars, known as the 1795 Fort McHenry flag, was authorized by an Act of Congress and was flown during the War of 1812. This flag inspired Francis Scott Key to write "The Star-Spangled Banner." In March 1818 an Act of Congress returned the Flag to thirteen stripes with 20 stars and ordered the addition of one star for each new State, to take effect the 4th day of July following the admission of that State.
A gold fringed flag is a battle flag reserved to the General of the Army for use over military headquarters and to display at courts-martial. The Commander-In-Chief, as the civilian authority over a lawfully standing national militia or Army, may designate that flag's use elsewhere. This gives a president, when acting as Commander-In-Chief, power to place the government's battle flag wherever he wishes to establish jurisdiction of the military force.
In 1925, an interpretation of statute law by the Attorney General of the United States clarified the intent and purpose of gold fringes or adornments to the national Flag to be within the discretion of the president as Commander-In-Chief. "Placing of fringe on national flag, dimensions of flag, and arrangement of stars in the union are matters of detail not controlled by statute, but are within the discretion of President as Commander- In-Chief of Army and Navy." 3 Thus, a gold fringed flag, often seen upon a staff or flagpole with a gold eagle atop it, or with gold streamers or tassels, is NOT the lawful, or OFFICIAL, Flag of our Nation.
A gold fringed flag used widely by courts, schools, service organizations and private individuals is NOT a symbol of our constitutional republic, or national Union of States. It signifies a military jurisdictional presence.
One official difference between the two flags is that when the fringe is placed around the Flag it denotes a military battle flag, not a national Flag. Now the lawful status of a Citizen becomes important. For in a military jurisdiction, where the court-martial tribunal displays the fringed battle flag, it may impose criminal sanctions for issues involving contracts, without due process of law. In a Judicial Department court under the national Flag, as described in the Constitution for the United States of America, as well as in State Constitutions, due process must be observed and followed, with all the protection of Constitutional Law.
The Founding Fathers, through the Constitution and the Bill of Rights, secured the sovereignty of the States for WE THE PEOPLE. A flag of bordered design, like the fringed battle flag, denotes that the jurisdiction of the federal government is present. If the courtrooms in your State display gold fringed flags, who is exercising jurisdiction?
1. Proper display of the Flag is covered in 36 USCS §§ 141 et seq.; 35 Am Jur 2d, Flag §§ 1, 7; 61 Stat. 642 (July 30, 1947) and; R.S. § 1792. 2. Congress of 1777, "...that the Flag of the United States be thirteen stripes alternate red and white; that the union (a device emblematic of any political union) be thirteen stars, white in a blue field, representing a new constellation."
3. Interpretive Notes and Decisions, to 4 USCS §1
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GOLD FRINGED FLAG
The flags displayed in State courts and courts of the United States have gold or yellow fringes. That is your WARNING that you are entering into a foreign enclave, the same as if you are stepping into a foreign embassy and you will be under the jurisdiction of that flag. The flag with the gold or yellow fringe has no constitution, no laws, and no rules of court, and is not recognized by any nation on the earth, and is foreign to you and the United States of America.
MILITARY FLAG WITH THE GOLD FRINGE
Martial Law Flag "Pursuant to 4 U.S.C. chapter 1, §§1, 2, & 3; Executive Order 10834, August 21, 1959; 24 F.R.6865; a military flag is a flag that resembles the regular flag of the United States, except that it has a YELLOW FRINGE border on three sides. The President of the United States designates this deviation from the regular flag, by executive order, and in his capacity as Commander-in-Chief of the military. The placing of a fringe on the national flag, the dimensions of the flag and the arrangement of the stars in the union are matters of detail not controlled by statute, but are within the discretion of the President as Commander in Chief of the Army and Navy." 34 Ops. Atty. Gen. 83.
President, Dwight David Eisenhower, by Executive Order No.10834, signed on August 21, 1959 and printed in the Federal Register at 24 F.R. 6865, pursuant to law, stated that: "A military flag is a flag that resembles the regular flag of the United States, except that it has a yellow fringe border on three sides."
THE LAW OF THE FLAG
The Law of the Flag, an International Law, which is recognized by every nation of the planet, is defined as: "... a rule to the effect that a vessel is a part of the territory of the nation whose flag she flies. The term is used to designate the RIGHTS under which a ship owner, who sends his vessel into a foreign port, gives notice by his flag to all who enter into contracts with the ship master that he intends the Law of that Flag to regulate those contracts, and that they must either submit to its operation or not contract with him or his agent at all." Ref.: Ruhstrat v. People, 57 N.E. 41
By the doctrine of "four cornering" the flag establishes the law of the country that it represents. For example, the embassies of foreign countries, in Washington D.C., are "four cornered" by walls or fencing, creating an "enclave." Within the boundaries of the "enclave" of the foreign embassy, the flag of that foreign country establishes the jurisdiction and law of that foreign country, which will be enforced by the Law of the Flag and international treaty. If you enter an embassy, you will be subject to the laws of that country, just as if you board a ship flying a foreign flag, you will be subject to the laws of that flag, enforceable by the "master of the ship," (Captain), by the law of the flag.
When you enter a courtroom displaying a gold or yellow fringed flag, you have just entered into a foreign country, and you better have your passport with you, because you may not be coming back to the land of the free for a long time. The judge sitting under a gold or yellow fringe flag becomes the "captain" or "master" of that ship or enclave and he has absolute power to make the rules as he goes. The gold or yellow fringe flag is your warning that you are leaving your Constitutionally secured RIGHTS on the floor outside the door to that courtroom.
This is exactly why so many judges are appointed, and not elected by the people. The Federal judges are appointed by the President, the national military commander in chief. The State judges are appointed by the Governors, the state military commanders. The judges are appointed because the courts are military courts and civilians do not "elect" military officers.
Under martial law, you are presumed guilty until proven innocent. The gold-fringed flag only stands inside military courts that sit in summary court martial proceedings against civilians and such courts are governed in part by local rules, but more especially by "The Manual of Courts Martial", U.S., 1994 Ed., at Art. 99, (c)(1)(b), pg. IV-34, PIN 030567-0000, U.S. Government Printing Office, Wash. D.C. The details of the crimes that civilians can commit, that are classed as 'Acts of War,' cover 125 pages in the Manual of Courts Martial.
Under Article IV, section 3, of the Constitution for the united States of America, no new State shall be formed or erected within the Jurisdiction of any other State. So -- Why have the judges of the State and Federal courts been allowed to erect foreign enclaves within our public courthouses under a foreign flag with the yellow fringe upon the soil of your state?
We just thought you would like to know, so that the next time you see this yellow fringed flag you will know what you are looking at and what it really means. If you are in Spain and you see the National Flag of Spain, you would know that you are under the jurisdiction of Spain; and their laws govern you at this time. You are officially NOTICED when you see their flag. This is an admiralty law that says that all who see this flag understand they are governed by the laws of the country that this flag represents. You SHOULD understand that the gold or yellow fringed flag signifies the same thing. It is a notice to you that you are under the rules and regulations of the military force that is flying that flag.
Are you familiar with martial law?
Does your attorney understand what this flag means?
"It is an elementary rule of pleading, that a plea to the jurisdiction is a tacit (silent) admission that the court has a right to judge the case and is a waiver to all exception to the jurisdiction."(Girty v. Logan, 6 Bush KY, 8)
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In Liberty, Martin H. Smith, Jr.
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