Pleading Special Matters

Part Eleven of the British System

A complete and thorough understanding of jurisdictional bounds is so absolutely essential that it is worthwhile to spend just a little more time on the subject at this time. The Federal Rules of Civil Procedure (Title 28, United States Code) gives us some more specifics:

Rule 9.
Pleading Special Matters

Admiralty and Maritime Claims. A pleading or count setting forth a claim for relief within the Admiralty and Maritime jurisdiction that is also within the jurisdiction of the district court on some other ground may contain a statement identifying the claim as an Admiralty or Maritime claim for the purposes of Rules 14(c), 38 (e), 82 and the Supplemental Rules for Certain Admiralty and Maritime Claims. If the claim is cognizable only in Admiralty, it is an Admiralty or Maritime claim for those purposes whether so identified or not.

VI. Trials Rule 38.
Jury Trial of Right

(a) Right Preserved. The right of trial by jury as declared by the Seventh Amendment to the Constitution or as given by a statute of the United States shall be preserved to the parties inviolate.

(e) Admiralty and Maritime Claims. These rules shall not be construed to create a right to trial by jury of the issues in an Admiralty or Maritime claim within the meaning of Rule 9 (h). As amended Feb. 28, 1966, eff. July 1, 1966

1966 Ammendment
Rule 39:

(c) Advisory Jury and Trial by Consent. In all actions not triable of right by a jury the court upon motion or of its own initiative may try any issue with an advisory jury or, except in actions against the United States when a statute of the United States provides for trial without a jury, the court, with the consent of both parties, may order a trial with a jury whose verdict has the same effect as if trial by jury had been a matter of right.

Rule 82:
Jurisdiction and Venue Unaffected

These rules shall not be construed to extend or limit the jurisdiction of the United States district courts or the venue of actions therein. An Admiralty or Maritime claim within the meaning of Rule 9 (h) shall not be treated as a civil action for the purposes of title 28 U.S.C. 1391-93.

  • After the War for Independence, by way of the Declaration of Independence and US Constitution, domestic law was to be the substantive Common Law in the United States, forever, -- and this was to operate on allodiums and gold, a portable substance representing those allodiums.
  • The encroachment of Admiralty law onto the domestic law of the colonies was the primary inducement for the Declaration of Independence.

HJR-192 removed access to substantive Common Law and brought Admiralty law inland by way of the Public National Credit System -- making everyone who touches it a merchant under Maritime Law.

  • Maritime loans and maritime insurance are treated exactly the same under the Maritime Law of the Law of Nations. In one case the party is called the lender, in the other the underwriter.

If, as was well-settled law by the courts prior to 1933, wages were not income within the meaning of the 16th Amendment -- then, obviously, wages are still not income within the meaning of this amendment.

The evidence conclusively establishes that the legal basis for the collection of these so-called income taxes, since 1944, is that they are, in fact, interest or insurance premiums to the Federal Reserve for the privilege of limited liability for the payment of debt.

The legal basis for this so-called tax was established in 1933 by HJR-192. The fact that implementation of this premium was postponed until 1942 and put into effect under the guise of an emergency war measure, thereby conditioning wage earners to believe it was actually a tax, smacks of willful and intentional concealment of material facts for the purpose of deceiving wage earners and concealing the truth.

Further, Forest D. Montgomery, Counsellor to the General Counsel for the Department of Treasury, wrote a letter to Mr. Smigeilski on this subject, wherein he stated: "31 U.S. Code, Section 742, generally exempts Treasury obligation from taxation by state or local governments. This provision, as well as the Constitution, prohibits state taxation of Federal Reserve Notes."

If this is true, and IF the states are actually collecting "income taxes" based on Federal Reserve Notes, they are in clear violation of Federal laws.

Do you really believe the States are openly flaunting Federal law, or is it possible that both the Feds and the States know something that has been kept from us all these years?

This letter was signed over the title of "Counsellor to the General Counsel" of the Department of the Treasury. Surely, this man would know if the states are flaunting Federal law. Note also, that he says that the Constitution prohibits state taxation of Federal Reserve Notes -- clearly referring to the absolute prohibition stated in Article I, Section 10, Clause 1. Just what is going on here, and just what is Mr. Montgomery telling us?

The California insurance Code itself can help us make the connection between insurance and so-called "taxes":

Sec. 103. Marine Insurance (California)

Marine insurance includes insurance against any and all kinds of loss of or damage to: . . .all goods, freights, cargos, merchandise, effects, disbursements, profits, money, bullion, securities, choses in action, evidences of debt, valuable papers, bottomry, and espondentia interests and all other kinds of property, and interests therein, in respect to, appertaining to or in connection with any and all risks of perils of navigation".

And, the California Insurance Code can also help us decide how a person gets involved, and incurs liability, under a policy of marine insurance: Article 1885. Interest in source of profits in marine insurance, a person who has an interest in the thing from which profits are expected to proceed, has an insurable interest in the profits.

So, we see that pursuant to California Code, any and all kinds of such things as evidences of debt and bottomry (that is maritime loans) are the subject matter -- and under marine insurance law in the State of California.

Obviously, the Law of Nations applies to the facts presented in this case, so, let's first find out just what this law is. cmlaw11.htm