Footnote 8
"In Title 1, Section 1 it says: The actions, regulations, rules, licenses, orders and proclamations heretofore or hereafter taken, promulgated, made, or issued by the President of the United States or the Secretary of the Treasury since March 4, 1933, pursuant to the authority conferred by subdivision (b) of section 5 of the Act of October 6, 1917, as amended, are hereby approved and confirmed."
"Section 2. Subdivision (b) of section 5 of the Act of October 6, 1917, (40 Stat. L. 411), as amended, is hereby amended to read as follows: emergency declared by the President, the President may, through any agency that he may designate, or otherwise, investigate, regulate, or prohibit, under such rules and regulations as he may prescribe, by means of licenses or otherwise, any transactions in foreign exchange, transfers of credit between or payments by banking institutions as defined by the President, and export, hoarding, melting, or earmarking of gold or silver coin or bullion or currency, BY ANY PERSON WITHIN THE UNITED STATES OR ANY PLACE SUBJECT TO THE JURISDICTION THEREOF."
Here is the legal phrase subject to the jurisdiction thereof, but at law this refers to alien enemy and also applies to Fourteenth Amendment citizens:
"As these words are used in the first section of the Fourteenth Amendment of the
Federal Constitution, providing for the citizenship of all persons born or naturalized in
the United States and subject to the jurisdiction thereof, the purpose would appear to
have been to exclude by the fewest words (besides children of members of the Indian
tribes, standing in a peculiar relation to the National Government, unknown to the common
Law), the two classes of cases, children born of *ALIEN ENEMIES(emphasis mine), in hostile
occupation, and children of diplomatic representatives of a foreign state, both of which,
by the law of England and by our own law, from the time of the first settlement of the
English colonies in America, had been recognized exceptions to the fundamental rule of
citizenship by birth within the country."
United States v Wong Kim Ark, 169 US 649, 682, 42 L Ed 890, 902, 18 S Ct 456. Ballentine's
Law Dictionary
Congressman Beck had this to say about the War Powers Act:
"I think of all the damnable heresies that have ever been suggested in connection
with the Constitution, the doctrine of emergency is the worst. It means that when Congress
declares an emergency there is no Constitution. This means its death... But the
Constitution of the United States, as a restraining influence in keeping the federal
government within the carefully prescribed channels of power, is moribund, if not dead. We
are witnessing its death-agonies, for when this bill becomes a law, if unhappily it
becomes law, there is no longer any workable Constitution to keep the Congress within the
limits of its constitutional powers."
(Congressman James Beck in Congressional Record 1933)
The phrase Alien Enemy is defined in Bouvier's Law Dictionary as: One who owes allegiance to the adverse belligerent. 1 Kent 73. He who owes a temporary but not a permanent allegiance is an alien enemy in respect to acts done during such temporary allegiance only; and when his allegiance terminates, his hostile character terminates also; 1 B. & P. 163.
Alien enemies are said to have no rights, no privileges, unless by the king's special favor, during time of war; 1 Bla. Com. 372; Bynkershoek 195; 8 Term 166. [Remember we've been under a declared state of war since October 6, 1917, as amended March 9, 1933 to include every United States citizen.]
"The phrase Alien Enemy is defined in Words and Phrases as:
Residence of person in territory of nation at war with United States was sufficient to
characterize him as "alien enemy" within Trading with the Enemy Act, even if he
had acquired and retained American citizenship."
Matarrese v. Matarrese, 59 A.2d 262, 265, 142 N.J. Eq. 226.
"Residence or doing business in a hostile territory is the test of an "alien
enemy: within meaning of Trading with the Enemy Act and Executive Orders thereunder."
Executive Order March 11, 1942, No. 9095, as amended, 50 U.S.C.A. Appendix 6; Trading with
the Enemy Act 5 (b).
In re Oneida Nat. Bank & Trust Co. of Utica, 53 N.Y.S. 2d. 416, 420, 421, 183 Misc.
374.
"By the modern phrase, a man who resides under the allegiance and protection of a
hostile state for commercial purposes is to be considered to all civil purposes as much an
`alien enemy' as if he were born there."
Hutchinson v. Brock, 11 Mass. 119, 122.
"The trading with the enemy Act, originally and as amended, in strictly a war
measure, and finds its sanction in the provision empowering Congress "to declare war,
grant letters of Marque and reprisal, and make rules concerning captures on land and
water."
Stoehr v. Wallace 255 U.S.
James Montgomery
08/05/96
Knowledge is Freedom BBS
1-910-869-0780
24HR.
28,000 Baud
James Brought up the term residence and my research has brought forth the following which is why the gov't wants you to declare yourself as a "resident." Resident has one purpose in tax law and commercial law. Resident is the opposite of non-resident, "Resident" is legally defined in United States v. Penelope, 27 Fed. Case No. 16024, which states: "But admitting that the common acceptance of the word and its legal technical meaning are different, we must presume that Congress meant to adopt the latter.", page 487. "But this is a highly penal act, and must have strict construction. * * * The question seems to be whether they inserted 'resident' without the legal meaning generally affixed to it. If they have omitted to express their meaning, we cannot supply it.", page 489.
Ask yourself this question, has the State or United States, in their tax statutes, defined the word "resident" in its legal technical meaning? The Penelope Court stated the legal meaning of the term "resident" at page 489: "In the case of Hylton v. Brown [Case No. 6,981] in the Circuit Court, and cases in this court, the following has always been my definition of the words 'resident,' or 'inhabitant,' which in my view, means the same thing. An inhabitant, or resident, is a person coming into a place with an intention to establish his domicile, or per-manent residence: under this intention he takes a house, or lodgings, as one fixed and stationary, and opens a store or takes any step preparatory to do business or in execution of this settled intention." [Emphasis added ]
The other legal definition for "resident" can be found in Jowitt's English Law Dictionary, 1977 edition which states; "RESIDENT, An agent, minister or officer residing in any distant place with the dignity of an ambassador: the chief representative of government at certain princely states; Residents are as class of public ministers inferior to ambassadors and envoys, but, like them, they are protected under the law of nations."
This bears out James' work that the resident, who is a government agent, official, etc., is doing business for the British Crown to collect the debt of those residents who are claiming citizenship of the States or United States because that would make them subjects liable to pay the pecuniary contribution, disguised as a "Gross Income Tax," to the Crown.