House Joint Resolution-192
On June 5,
1933, Congress enacted
HJR-192
to suspend the gold standard and to abrogate the gold clause.
This resolution declared that "Whereas the holding or dealing in
gold affect the public interest, and are therefore subject to
proper regulation and restriction; and whereas the existing
emergency has disclosed that provisions of obligations which
purport to give the obligee a right to require payment in gold
or a particular kind of coin or currency. . . are inconsistent
with the declared policy of congress. . . in the payment of
debts.
This resolution declared that any obligation requiring "payment
in gold or a particular kind of coin or currency, or in an
amount in money policy; and . . . Every obligation heretofore or
hereafter incurred, shall be discharged upon payment, dollar for
dollar, in any coin or currency which at the time of payment is
legal tender for public and private debts."
A farm control bill around the same time period had attached to
it a clause making Federal Reserve notes legal tender. In 1937,
the Supreme Court struck down the Farm Control Act, thus
carrying with it the legal tender status of Federal Reserve
notes. Prior to 1933, Federal Reserve notes were used for
inter-bank transfers. Around 1945, Congress passed a bill which
called for the withdrawl of Federal Reserve notes from public
circulation; but, they are still with us. . . *NOTE that the
words do not talk about "payment" of debt, but clearly states
that "Every Obligation . . . Shall be discharged."
In the case of Stanek v. White, 172 Minn. 390, 215 H.W. 784, the
court explained the legal distinction between the words
"payment" and "discharge": "There is a distinction between a
`debt discharged' and a `debt paid.' When discharged the debt
still exists though divested of its character as a legal
obligation during the operation of the discharge. Something of
the original vitality of the debt continues to exist, which may
be transferred, even though the transferee takes it subject to
its disability incident to the discharge. The fact that it
carries something which may be a consideration for a new promise
to pay, so as to make an otherwise worthless promise a legal
obligation, makes it the subject of transfer by assignment."
Thus, it is clear that, as a result of HJR 192 and from that day
forward (June 5, 1933), no one has been able to pay a debt. The
only thing they can do is tender in transfer of debts, and the
debt is perpetual. The suspension of the gold standard, and
prohibition against paying debts, removed the substance for our
Common Law to operate on, and created a void, as far as the law
is concerned. This substance was replaced with a "Public
National Credit" system where debt is money (The Federal Reserve
calls it "monetized debt") over which the only jurisdiction at
is Admiralty and Maritime.
HJR-192 was implemented immediately. The day after President
Roosevelt signed the resolution the treasury offered the public
new government securities, minus the traditional "payable in
gold" clause. Article I, Section 10, Clause 1, proscribes the
States making any thing but gold and silver coin a tender in
payment of debt -- but, this Article does not contain an
absolute prohibition against the States making something else a
tender in transfer of debt.
HJR-192 prohibits payment of debt and substitutes, in its place,
a discharge of an obligation -- thereby not only subverting, but
totally bypassing the "absolute prohibition" so carefully
engineered into the Constitution. There is, now, nothing for
this Article to operate on, just as there is nothing for Common
Law to operate on. Perpetual debt, bills, notes, cheques and
credits fall within a totally different jurisdiction than
contemplated by Article I, Section 10, Clause 1 -- and that
jurisdiction belongs exclusively to the Law of Admiralty and
Maritime. Now, it is easy to see how "bills" as plenty as oak
leaves, "polluted the laws after the War For Independence, as
described by Peletiah Webster". This is how we lost access to
substantive Common Law -- the very law the Minute Men fought to
regain.
HJR-192 places every person who deals in the public national
credit in the legal position of a merchant, and the only
jurisdiction over any controversy involving this subject matter
is Admiralty and Maritime. Obviously, if we cannot pay our debts
at law, we are also benefiting from limited liability under the
Limited Liability Act when we use this credit-- and, that is
marine insurance!
The definitions of "liability" and "insure" will help convince
us of this fact -- in analyzing these definitions, keep in mind
the distinction between "payment" and "discharge". Liability:
The word is a broad term. Ithas been defined to mean: all
character of debts and obligations. . . any kind of debt or
liability, either absolute or contingent, express or implied . .
. condition which creates a duty to perform an act immediately
or in the future . . . duty to pay money or to perform some
other service . . . the state of being bound or obligated in law
or justice to do, pay, or make good something. "Insure: "To
engage to indemnify a person against pecuniary loss from
specified perils or possible liability".
QUESTION #1: Who do you suppose took possession of the treasury
of the State of Pa. on June 5, 1933, -- the moment HJR-192 made
it impossible for the State of Pennsylvania to pay its debts?
QUESTION #2: Land titles being allodial in Pennsylvania, what
was the State Assembly's authority and jurisdiction to pledge
these allodiums to the Federal Reserve as security for loan
contracts from the Federal Government?
QUESTION #3: If the individual citizens of Pennsylvania were
indeed "sovereign" under the Common Law -- What was the
authority and jurisdiction of the State Assembly to pledge their
labor to the Federal Reserve pool?
Clearly, the alleged authority and jurisdiction is the so-called
public policy declared by Congress. We will return to this
subject later on.
If all the assets of the United States have been hypothecated to
the Federal Reserve "pool" as security for the maritime loan and
insurance underwriting policy, then that raises a couple of
questions: QUESTION #1: If the United States "dies" (or is
merged) under a One World government, who gets the pool?
QUESTION #2: If the Federal Reserve "dies" by way of getting its
charter rescinded, who gets the pool?
The answers can be found in the Federal Reserve Act itself:
"Should a Federal Reserve bank be dissolved or go into
liquidation, any surplus remaining, after the payment of all
debts, dividend requirements as hereinbefore provided, and the
par value of the stock, shall be paid to and become the property
of the United States and shall be similarly applied".
31 USC 315B provided that: "No gold shall after January 30,
1934, be coined, and no gold coin shall after January 30, 1934,
be paid out or delivered by the United States; provided however,
that coinage may continue to be executed by the mints of the
United States for foreign countries". This exception was
necessary because foreign countries, being recognized or
sovereign, could not be held to the internal public policy of
the United States. HJR-192 was binding only upon those
individuals who were beneficiaries of public policy; that being
the privilege of limited liability for payment of debt arising
out of participation in the Federal Reserve Public Credit
System.
HJR-192 automatically extended the privilege to renege on debts
to every person using the Federal Reserve banking system;
however, never forget that when you operate on a privilege, you
have to respect the ruler of the giver of that privilege.
Furthermore, in the case of Great Falls Mfg. Co. v. Attorney
General, 124 U.S. 581, the court said: "The court will not pass
upon the constitutionality of a statute at the instance of one
who has availed himself of its benefits."
Thus, if you avail yourself of any benefits of the public credit
system you waive the right to challenge the validity of any
statute pertaining to, and conferring "benefits" of this system
on the basis of constitutionality.
See Also:
Title 31 USC
§5118
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