Legal History of the United States
The LEGAL HISTORY of the USA is something about which MOST PEOPLE know nothing!
LEGAL HISTORY OF THE UNITED STATES
by Private Contract Service
U.S. Law is Private Merchant Law, leaving the people as Surety and Debtor on the bankruptcy.
Law is contract, universally and in the U.S., so we must follow the progression of contractual agreements which constitute the underlying U.S. Law. (We cannot address all individual laws and cases or you would not have time in a life to review it, even though ignorance of the millions of laws, statutes, codes, etc… is no excuse in Private Admiralty Jurisdictions.)
In basically chronological order, the following progression of contracts, and our interpretation of them follows:
The USA, a corporation of the English Crown, is bankrupt, and has been since at least 1788. The Articles of Confederation states in Article 12: “All bills of credit emitted, monies borrowed, and debts contracted by, or under the authority of Congress, before the assembling of the United States, in pursuance of the present confederation, shall be deemed as considered a charge against the United States, for payment and satisfaction whereof the said United States, and the public faith are hereby solemnly pledged.” The “Founding Fathers,” as constitutors, acknowledged and reorganized the debt in the US Constitution 1787, Article VI, hence “constitution.” Bankruptcy occurred on January 1, 1788 based on 21 loans that the United States of America received from the King of England dating from February 28, 1778 through July 5, 1782, the repayment of which had been ratified by Congress on January 22, 1783. The United States Bank, created in 1791, was a private bank, with 18,000 of 25,000 shares owned by England.
No de jure, constitutional Congress has existed since March 27, 1861 when seven (7) Southern States walked out of Congress leaving Congress without a quorum for adjourning and therefore ending sine die. That which is called “Congress” today assembles and acts under the authority of the President acting in capacity of being Commander-In-Chief of the Armed Forces, under emergency war-powers rule, i.e. “law of necessity,” i.e. no law (see 12 Stat 319, which has never been repealed and exists in Title 50 USC §§ 212, 213, 215, Appendix 16, 26 CFR Chapter 1 § 303.1-6(a), and 31 CFR Chapter 5 § 500.701 Penalties).
Since the above-referenced date, March 27, 1861, Americans have been under Fascist rule via presidential executive order under the aforementioned Emergency War Powers, 12 USC 95 a, b. Every “citizen of the United States” is now “legally” established as an “enemy” via the Amendatory Act of March 9, 1933, 48 Stat. 1, amending Trading With Enemy Act of October 6, 1917, H.R. 4960, Public Law No. 91.
December 6th, 1865, the 14th Amendment was proclaimed as ratified (even though it never properly was, see below). The 14th Amendment, which is private Roman Catholic Ecclesiastical Trust Law, constitutes a constructive, cestui que trust, a public charitable trust, “PCT,” that was expressly designed to bring every corporate franchise artificial person called a “citizen of the United States” into an inseparable merging with the government until the two are united (with the power inhering in the government, not the people). A cestui que trust is fundamentally different from a regular trust, which is express in nature and consists of a contractual indenture involving three (3) parties: Grantor (Creator or Trustor), Trustee, and Beneficiaries. In an express trust, legal ownership is transferred by written contract between Grantor and Trustee in which the Grantor surrenders ownership of property to the legal person, the Trust, to be managed by the Trustee on behalf of those who are to benefit from the arrangement, the Beneficiaries. A cestui que trust, on the other hand, differs from an express trust in several crucial ways:
a. It is not formed by express contract, i.e. overt agreement expressed in writing, but by legal construction, i.e. fiat.
b. A cestui que trust has no Grantor, but, being a constructive trust created by operation of law, i.e. by make-believe, has only co-trustees and co-beneficiaries. The co-trustees are the parties with the duties for managing property for the “public good,” i.e. for the benefit of those designated as co-beneficiaries.
The Legislative Act of February 21, 1871, Forty-first Congress, Session III, Chapter 62, page 419, chartered a Federal company entitled “United States,” a/k/a “US Inc.,” a “Commercial Agency” originally designated as “Washington, D.C.,” in accordance with the so-called 14th Amendment, which the record indicates was never ratified (see Utah Supreme Court Cases, Dyett v Turner, (1968) 439 P2d 266, 267; State v Phillips, (1975) 540 P 2d 936; as well as Coleman v. Miller, 307 U.S. 448, 59 S. Ct. 972; 28 Tulane Law Review, 22; 11 South Carolina Law Quarterly 484; Congressional Record, June 13, 1967, pp. 15641-15646). A “citizen of the United States” is a civilly dead entity operating as a co-trustee and co-beneficiary of the PCT, the constructive, cestui que trust of US Inc. under the 14th Amendment, which upholds the debt of the USA and US Inc. in Section 4.
In conformity with the above-referenced creation of United States (1871) and the 14th Amendment, the Legislature of each State created a limited-liability corporation, chartered in a private, military, international, commercial, admiralty/maritime jurisdiction, entitled “STATE OF…” e.g. “STATE OF CALIFORNIA,” as evidenced by, inter alia, the change in the seal and the creation of a new constitution, e.g. Constitution of the State of California (1879), concerning which, re California:
a. A general partnership agreement, hereinafter “General Partnership,” exists between the California Republic (1849), and STATE OF CALIFORNIA (1879), with STATE OF CALIFORNIA acting as governmental controller.
b. STATE OF CALIFORNIA now acts as an agent/instrumentality of United States, collecting whole life insurance premiums, known as “taxes,” for the International Monetary Fund, based, inter alia, upon the Limited Liability Act of 1851 and the bankruptcy of United States of 1933, see House Joint Resolution 192 of June 5, 1933; Public Law 73-10; Perry v. U.S. (1935), 294 U.S. 330-381, 79 L Ed 912; 31 USC 5112, 5119.
Inasmuch as all law is contract, the contract involved in a constructive trust is an implied contract. An implied contract can be ratified by two (2) means:
a. Acquiescence by silence, i.e. the “government” asserts its intentions concerning your life, rights, and property and you assent, don’t rebut, and compliantly go along with what they claim. In 1871 the Government changed the nature of its contract with the people from law as defined by the original Constitution of 1787 that recognizes law (common law), admiralty (on the sea only), and equity (functioning by voluntary contract between all participating parties), and began relating to people as if they were “citizens of the Unites States” within/under the private, commercial, international, military jurisdiction of the new de facto corporation, i.e. US Inc. They offered people a “new deal,” and almost everyone bought it (based on naïve and foolish trust and assuming that everything was OK).
The people were thereby denied access to law and placed on the ship of state of US Inc. where the captain’s word is law and no one has any rights. As Jefferson phrased the matter, “As government grows, liberty recedes.”
b. You expressly accept “benefits” offered by the government, and thereby finalize the contract by deed. This is similar to finalizing a contract with a restaurant by sitting down at a table, reading a menu, and then ordering and consuming a meal. By your deeds you affirm to the restaurant that you will pay for the meal in accordance with the price stated on the menu. No written contract is signed, but a contract is formed nevertheless.
By the above two (2) means people give implied assent that they are bound by an alleged contract with US Inc. in accordance with the terms and conditions that inhere in being treated as a “citizen of the United States” under the 14th Amendment, and are therefore placed into permanent legal status as a Debtor and Surety for U.S. Inc.. In such a position people leave the ground of sovereignty and all capacity for asserting their unalienable rights in favor of being presumed as having exercised their sovereignty and free-will autonomy for the purpose of going along with the government’s assertion that they sacrifice everything for the “public good,” i.e. the PCT. By so doing people lose their standing in law, i.e. they “die a civil death in the law.” They are placed in the legal position of mortmain (i.e. as if deceased) and are shorn of capacity for asserting their rights, since the presumption is that they have already exercised those rights for the purpose of being placed in the position they are in, i.e. property of the government with a lien against you and everything your life labor could ever create, including your children. The private being (the real individual) is sacrificed for the good of the public (the imaginary collective).
When people die such a civil death in the law they are like ghosts, and thereby incapable of managing their own affairs and enjoying their unalienable rights. Like the estate of a decedent, they are then managed by the executors/administrators of the estate, in probate. Such is the condition of every “citizen of the United States” today in law, managed by the government agencies acting as executors/administrators of their estates in bankruptcy, legal incapacity, and civil death as assets of the bankrupt US. The US is property of the private Real Parties of Interest, the Creditors in bankruptcy.
The 14th Amendment was allegedly established for the purpose of creating a citizenship for the liberated blacks, and other disenfranchised people, who otherwise had no citizenship because they could not comply with the requirements for state citizenship. What actually happened was that the blacks were taken off of the Southern slave plantations and placed into the slave plantation of US Inc., a far worse lot. The government then gradually absorbed everyone else—including state citizens—into the same condition.
1871-1913. Officers of the actual government held office in dual capacity, i.e. in both USA and US Inc. status.
1912. Bonds issued by US Inc. came due but US Inc. did not have the resources for paying their creditors (the seven families that founded the Federal Reserve Bank), so US Inc.’s owner (the actual government) was required to pay the balance. The national government was also without sufficient funds to meet US Inc.’s obligations, so the creditors settled for all of the assets of both US Inc. and the national government instead of foreclosure on and liquidation of the entire country. By so doing they expropriated the nation—both USA and US Inc. Sic transit America.
1912. US Inc. forms an agreement with the Federal Reserve Bank (It is important to note that both of these entities are private corporations which removes the general allegations of treason or fraud from this relationship). Through this agreement US Inc. must function in debt, even though they have neither funds nor resources for financing their operation.
1912. The first corporate only Senators are seated in the next election year by popular vote of the US Inc. registered voters. The original-jurisdiction national Senators of the States did not assume office that year and at least one third of the nation’s Senators seats were lawfully and voluntarily vacant.
February 3rd, 1913. US Inc. passes its 16th Amendment and Congress orders the Secretary of State to enter it as ratified even though the States had not ratified it according to Law. The Secretary complied. It should be noted that this would not have been lawful if it were a national Constitution amendment, however it was perfectly legal within the colorable, de facto corporation. It should also be noted that where the national Constitution already had a 16th amendment and where the Supreme Court says that the new 16th Amendment did not do anything, this corporate amendment must simply be a space filler entered such that US Inc.’s Constitution (1871) would have the same number of amendments as that of the national Constitution (1787).
April 8th, 1913. US Inc. passes its 17th amendment and Congress orders it to be entered as ratified in the exact same manner as they did with US Inc.’s 16th Amendment. This amendment changes where US Inc.’s Senators are elected. This amendment is not even lawfully possible as a national Constitution amendment for several reasons, not the least of which is that the amendment would have required that Congress first pass an amendment that stated that they had the power to say where Senators are elected before they could even deliberate on such a subject matter, after which they would then have to have competent ratifications performed on such amendments in accord with constitutional limits, not as was done with US Inc.’s 16th Amendment.
December 23, 1913. The Congress, late at night with only a small cadre of supporters present, passed the Federal Reserve Act, surrendering the creation and management of the nation’s currency into the hands of a cartel of private—and mostly foreign—bankers. Currency is the single most essential and critical commodity in the world, embodying more law and principles of commerce than any other. Since all interactions are “commerce,” and the medium of doing business in commerce is currency, money is in a very significant sense the measure of all things. By abandoning control and management of the money supply the nation surrendered all capacity for claiming sovereignty. The government lost its independent treasury (one of the requirements in law for national sovereignty). The United States Government became a mere fiefdom, or administrative arm, of the bankers, who now owned the store.
Passage of the Federal Reserve Act was a major milestone on the “road to serfdom” that this entire progression outlines. The conspiratorial nature of matters is exemplified in comments by one of the major actors in the triumph of the Federal Reserve, Edward Mandell House, who had this to say in a private meeting with President Woodrow Wilson:
“[Very] soon, every American will be required to register their biological property in a national system designed to keep track of the people and that will operate under the ancient system of pledging. By such methodology, we can compel people to submit to our agenda, which will effect our security as a chargeback for our fiat paper currency. Every American will be forced to register or suffer being unable to work and earn a living. They will be our chattel, and we will hold the security interest over them forever, by operation of the law merchant under the scheme of secured transactions.
Americans, by unknowingly or unwittingly delivering the bills of lading to us will be rendered bankrupt and insolvent, forever to remain economic slaves through taxation, secured by their pledges. They will be stripped of their rights and given a commercial value designed to make us a profit and they will be none the wiser, for not one man in a million could ever figure our plans and, if by accident one or two should figure it out, we have in our arsenal plausible deniability. After all, this is the only logical way to fund government, by floating liens and debt to the registrants in the form of benefits and privileges. This will inevitably reap to us huge profits beyond our wildest expectations and leave every American a contributor to this fraud which we will call “Social Insurance.” Without realizing it, every American will insure us for any loss we may incur and in this manner, every American will unknowingly be our servant, however begrudgingly. The people will become helpless and without any hope for their redemption and, we will employ the high office of the President of our dummy corporation to foment this plot against America.”
1917. Corporate-only Senators begin participating in all matters with those Senators who still had original jurisdiction government capacity, as a result of which all activities of the government were performed in corporate capacity only.
1917. President Wilson was re-elected by the Electoral College, but only US Inc.’s Senate performed the Senate confirmation necessary for seating the national President. There was no national government Senate confirmation; no national seats were seated and all remained vacant. Note: the national President is also the Military’s Commander in Chief, and under the nation’s status of being ruled by the private, commercial, martial-law rule of the Bankers and English Crown, the business needs of the nation have remained under US Inc. control since 1871, i.e. ever since US Inc. was incorporated and made operational over such matters.
1917-1944. All national government seats are and remain vacant, and US Inc. continues maintaining the business needs of the government under martial-law rule.
June 5, 1933. US Inc. declares bankruptcy under House Joint Resolution, “HJR,” 192.
1935. The Social Security Act is passed.
On application, the new Social Security Administration (hereinafter “SSA”) creates a private Trust with a trust name that sounds like the name of the applicant except the Trust’s name is spelled with all capital letters. SSA makes the applicant a co-trustee of the namesake Trust, designates the SSA General Trust Fund as the Beneficiary of the namesake trust, and assigns the Trust a Social Security General Trust Fund Account number re the applicant for accounting and identification purposes.
1938. In Erie Railroad v. Tompkins, 1938, 304 U.S. 64-92, the U.S. Supreme Court sets the presumption re the status and capacity of an individual as that of General Capacity/General Partnership relationship with the namesake Trust, as if the two (2) entities—individual and namesake Trust—were one-in-the-same person.
1944. In the Bretton Woods Agreement US Inc. is quit-claimed into the newly formed International Monetary Fund (hereinafter “IMF”) in exchange for the power allowing US Inc.’s President the right of naming (seating and controlling) the governors and general managers of the International Monetary Fund, The World Bank for Reconstruction and Development, and the Inter-American Bank also formed in that agreement (codified at United States Code Title 22 § 286). It must be noted that this act created an unlawful conflict of interest between US Inc. (with its new foreign owner) and its purpose of carrying out the business needs of the national government. This is the cause of our use of the term “original-jurisdiction” government. With the new foreign owner of US Inc. a conflict of interest is created between the national government and US Inc., even though the contracted purpose of US Inc. has not changed on its face.
1962. At the National Governor’s Conference in Lexington, Kentucky, US Inc. informs the governors, under the guise of “public necessity”, that they must all form, or reform existing, private corporations under US Inc. (in their state’s interest), so that the people will not discover what the state governments are doing with the people’s money (dabbling in foreign notes, i.e. Federal Reserve Notes (FRNs), bonds, and evidences of debt), which activity is forbidden from State governments by their own State Constitutions, which information would likely cause a people’s revolt ending in the State official’s being at worst killed and at least replaced. The proposed incorporation deadline was 1968.
1970. By this time each State revised its constitution and statutes and formed private corporate entities of the name “STATE OF (X)” (where “(X)” is representative of the common State name), and then vacated their original jurisdiction government seats in favor of foreign ownership and control under the mandate of US Inc.
It appears that this was all done so a General Partnership could be presumed as existing between “The State” (of the national Union of States) and “STATE OF (X)”, a private corporation. Said STATE OF (X), as General Partner, then assumes the role of governmental operator/controller. This scenario is further proven by the fact that these corporate entities cannot handle gold and silver coin of the United States of America in commercial transactions without violating the Par Value Modifications Act and the Foreign Currency Exchange Act.
April 19th, 1994. Federal agents attack, burn, and raze the compound, killing approximately 100 of the members of the sect, without any lawful cause for the action.
50 USC 1520 et seq. demonstrates that there exists an agenda for using Americans (Sovereign and otherwise) as biological test subjects. This is a fundamental breach of an alleged Constitutional contract.
President Clinton pushes for a mandatory health care bill for the purpose of placing the physical bodies of all Americans under control of US Inc., with international identification attached, for the purpose of tagging the populace, as per the Biblical prophesy of the Mark of the Beast. The computer that would handle the tracking is even identified with the acronym: B.E.A.S.T.
What the above progression depicts is the systematic growth of the power, scope, and pervasive control of Government exercised against the American people by foreign, criminal, and hostile powers. This same dreary gestalt constitutes the nature of man’s history on this planet as far back as the eye can see. Civilizations rise, fall, and disappear, replaced by new ones that—based upon being founded on, and functioning in accordance with, wrong principles—are foredoomed for extinction, as were all of their predecessors and as all future civilizations will be until mankind finally learns and ceases “beating a dead horse” by structuring law, commerce, religion, and social organization in general on principles that are existentially impossible.
The above progression has proceeded in America by implementing such strategy as:
1. Relentlessly instilling in people the foundational idea that governments in general are absolutely essential in the society of man and that the Government in America is the people’s friend and servant, i.e. a “government of the people, by the people, and for the people.” These premises are untrue—self-serving cons by those who want the power.
2. Creating governmentally owned corporate franchises, such as a “citizen of the United States” and one’s all-capital-letter name, with which people are deceived into identifying.
3. Regarding every citizen of the United States as contractually being:
a. A corporate citizen, i.e. a corporate franchise;
b. A co-trustee (with duties) and co-beneficiary (with privileges) of the 14th Amendment Public Charitable cestui que Trust;
c. Pledged as an asset in the bankruptcy of US Inc., and therefore a co-surety for the debts of US Inc.;
d. An enemy of the Creditors;
e. Chattel property of the Bankers and Power Elite;
f. A slave with no capacity for asserting any rights, no standing in law, and no capacity for contracting.
4. Functioning on the presumption that the individual being, with autonomy and free will, knowingly, intentionally, and voluntarily contracted into the situation of being united—like heads and tails of a coin—with a corporate entity created and owned by the Government.
As per the established maxim of law, “As a thing is bound, so it is unbound,” the way out of the problem is within and through the problem. This is accomplished by understanding what the problem is, i.e. its structure and character, just as solving the problem of a plugged drain is accomplished by realizing that the problem is the plugged drain, whereby the solution consists of unplugging the drain. “Know the truth and the truth shall make you free.”
The United States Library of Congress now has between 2,000,000 and 3,000,000 books on law. Any law library is a daunting place, possessing row after row of shelves with books full of fine print. Making knowledge of such “law” even more unattainable is not only that what passes for law today perpetually changes, altered by every new court case/opinion, legislative enactment, and all of the ever-changing policies, rules, and regulations of administrative agencies, but an immense amount of the world’s law today, as actually implemented, is unwritten and inaccessible.
This is not only because judges operate in general equity in which the ultimate arbiter of a matter is the “conscience of the court” (i.e. how the judge feels about something that day), but because almost all of the world’s law is the private Law Merchant of the Creditors in bankruptcy of the world’s nations, essentially all of which are insolvent and in receivership to the Bankers. This private Law Merchant is of ancient origin, and is implemented today by men whose identities are unknown to the mass of mankind.
In the face of this undependability of law we may ask some fundamental and ingenuous questions:
1. Is there such a thing as genuine law that is timeless, stable, and dependable?
2. If so, can such universal law be effectively invoked and utilized in practice today? How can I use it to ensure my inalienable sovereign birth rights to life and happiness?
3. If genuine law exists, why is it not taught and uniformly utilized instead of the chaotic and colorable charade that dominates the legal field today?
4. Can we integrate said universal law with the ephemeral, desultory “law” that now enslaves the overwhelming majority of people on this planet?
Fortunately, affirmative answers re all of the above questions. Answering them, and providing clear understanding and effective, practical ways for utilizing genuine law, is the subject of this website.
See Historical Development of Modern Feudalism
See Why Attorneys are not lawyers
See 15 HISTORICAL FACTS
 All wars of the 20th Century were the result of the losing country’s not having had an "articles of agreement" with the International Bankers. Phrased another way, before a war the country that was the eventual loser of the war did not have such agreement and after the country was defeated, it did. See Behind the Scenes, Lurks the BANK.
© 2007 Private Contract Service
All rights reserved. Used with permission.
The following sources were used in the creation of this Kentroversy Paper . . .
U.S. Legal History
United States Congressional Record, Vol. 33, page H-1303 (March 17, 1993)
Get That Gold Fringe Off My Flag!
Bankruptcy of the United States
Federal Reserve Central Bank
Legal History of the United States