Merriam Case Law
NY re: Merriam 36 N.E. 505 1441 S. 0.1973, 14 L.
On April 5, 1933, then President Franklin Delano Roosevelt, under Executive
Order, issued April 5, 1933, declared: "All persons are required to deliver on
or before May 1, 1933 all Gold Coin, Gold Bullion, & Gold Certificates now owned
by them to a Federal Reserve Bank, branch or agency, or to any member bank of
the Federal Reserve System."
James A. Farley, Postmaster General at that time, required each postmaster in
the country to post a copy of the Executive Order in a conspicuous place within
each branch of the Post Office. On the bottom of the posting was the following:
CRIMINAL PENALTIES for VIOLATION of EXECUTIVE ORDER
$10, 000 fine or 10 years imprisonment, or both, as provided in Section 9 of the
Section 9 of the order reads as follows: "Whosoever willfully violates any
provisions of this Executive Order or of these regulations or of any rule,
regulation or license issued thereunder may be fined not more than $10,000, or
if a natural person, may be imprisoned for not more than 10 years, or both; &
any officer, director or agency of any corporation who knowingly participates in
any such violation may be punished by a like fine, imprisonment, or both.
NOTE: Stated within a written document received September 17, 1997, from the
U.S. Department of Justice, Office of Legal Counsel, Office of the Deputy
Assistant Attorney General, Richard L. Shiffin, in response to a Freedom of
Information Act (FOIA), was the
"A fact that is frequently overlooked is that Executive Orders &
proclamations of the President normally have no direct effect upon private
persons or their property, & instead, normally constitute only directives or
instructions to officers or employees of the Federal Government. The exception
is those cases in which the President is expressly authorized or required by
laws enacted by the Congress to issue an Executive order or proclamation dealing
with the legal rights or obligations of members of the public. Such as issuance
of Selective Service Regulations, establishment of boards to investigate certain
labor disputes, & establishment of quotas or fees with respect to certain
imports into this country."
Note: it seems rather obvious that President Franklin D. Roosevelt was not
"expressly authorized or required" to "issue an Executive Order or proclamation"
demanding the public (private) to relinquish their privately held gold.
The order (proclamation) issued by Roosevelt was an undisciplined act of
treason. Two months after the Executive Order, on June 5, 1933, the Senate &
House of Representatives, 73d Congress, 1st session, at 4:30 p.m. approve House
Joint Resolution (HJR) 192: Joint Resolution To Suspend The Gold Standard &
Abrogate The Gold Clause, Joint resolution to assure uniform value to the coins
& currencies of the United States.
HJR-192 states, in part, that "Every provision contained in or made with respect
to any obligation which purports to give the oblige a right to require payment
in gold or a particular kind of coin or currency, or in any amount of money of
the United States measured thereby, is declared to be against public policy, &
no such provision shall be contained in or made with respect to any obligation
hereafter incurred. Every obligation, heretofore or hereafter incurred, whether
or not any such provisions is contained therein or made with respect thereto,
shall be discharged upon payment, dollar for dollar, in any such coin or
currency which at the time of payment is legal tender for public & private
HJR-192 goes on to state: "As used in this resolution, the term 'obligation'
means an obligation (including every obligation of & to the United States,
excepting currency) payable in money of the United States; & the term 'coin or
currency' means coin or currency of the United States, including Federal Reserve
notes & circulating notes of Federal Reserve banks & national banking
HJR-192 superseded Public Law (what passes as law today is only "color of law"),
replacing it with public policy. This eliminated our ability to PAY our debts,
allowing only for their DISCHARGE. When we use any commercial paper (checks,
drafts, warrants, federal reserve notes, etc.), & accept it as money, we simply
pass the unpaid debt attached to the paper on to others, by way of our purchases
& transactions. This unpaid debt, under public policy, now carries a public
liability for its collection. In other words, all debt is now public.
The United States government, in order to provide necessary goods & services,
created a commercial bond (promissory note), by pledging the property, labor,
life & body of its citizens, as payment for the debt (bankruptcy). This
commercial bond made chattel (property) out of every man, woman & child in the
United States. We became nothing more than "human resources" & collateral for
the debt. This was without our knowledge &/or our consent. How? It was done
through the filing (registration) of our birth certificates!
The United States government -actually the elected & appointed administrators of
government -took (& still do, to this day) certified copies of all our birth
certificates & placed them in the United States Department of Commerce ... as
registered securities. These securities, each of which carries an estimated
$1,000,000 (one million) dollar value, have been (& still are) circulated around
the world as collateral for loans, entries on the asset side of ledgers, etc.,
just like any other security. There's just one problem, we didn't authorize it.
The United States is a District of Columbia corporation. In Volume 20: Corpus
Juris Sec. § 1785 we find "The United States government is a foreign corporation
with respect to a State" (see:
NY re: Merriam 36 N.E. 505 1441 S. 0.1973, 14 L.
Ed. 287). Since a corporation is a fictitious "person" (it can not speak, see,
touch, smell, etc.), it can not, by itself, function in the real world. It needs
a conduit, a transmitting utility, a liaison of some sort, to "connect" the
fictional person, & fictional world in which it exists, to the real world.
LIVING people, exist in a real world, not a fictional, virtual world. But
government does exist in a fictional world, & can only deal directly with other
fictional or virtual persons, agencies, states, etc.. In order for a fictional
person to deal with real people there must be a connection, a liaison, & a
go-between. This can be something as simple as a contract. When both "persons,"
the real & the fictional, agree to the terms of a contract, there is a
connection, intercourse, dealings, there is a communication, an exchange. There
is business! But there is another way for fictional government to deal with the
real man & woman: through the use of a representative, a liaison, & the
go-between. Who is this go-between, this liaison that connects fictional
government to real men & women? It's a government created shadow, a fictional
man or woman ... with the same name as ours.
This PERSON was created by using our birth certificates as the MCO
(manufacturer's certificate of origin) & the state in which we were born as the
"port of entry". This gave fictional government a fictional PERSON with whom to
deal directly. This PERSON is a strawman.
STRAMINEUS HOMO: Latin: A man of straw, one of no substance, put forward as bail
or surety. This definition comes from Black's Law Dictionary, 6th. Edition, page
1421. Following the definition of STRAMINEUS HOMO in Black's we find the next
word, Strawman. STRAWMAN: A front, a third party who is put up in name only to
take part in a transaction. Nominal party to a transaction; one who acts as an
agent for another for the purposes of taking title to real property & executing
whatever documents & instruments the principal may direct. Person who purchases
property for another to conceal identity of real purchaser or to accomplish some
purpose otherwise not allowed. Webster's Ninth New Collegiate Dictionary defines
the term "strawman" as: 1: a weak or imaginary opposition set up only to be
easily confuted 2: a person set up to serve as a cover for a usually
questionable transaction. The Strawman can be summed up as an imaginary, passive
stand-in for the real participant; a front; a blind; a person regarded as a
nonentity. The Strawman is a "shadow", a go-between. For quite some time a
rather large number of people in this country have known that a man or woman's
name, written in ALL CAPS, or last name first, does not identify real, living
people. Taking this one step further, the rules of grammar for the English
language have no provisions for the abbreviation of people's names, i.e.
initials are not to be used. As an example, John Adam Smith is correct. ANYTHING
else is not correct. Not Smith, John Adam or Smith, John A. or J. Smith or J. A.
Smith or JOHN ADAM SMITH or SMITH, JOHN or any other variation. NOTHING, other
than John Adam Smith identifies the real, living man. All other appellations
identify either a deceased man or a fictitious man: such as a corporation or a
Over the years government, through its "public" school system, has managed to
pull the wool over our eyes & keep US ignorant of some very important facts.
Because all facets of the media (print, radio, television) have an
ever-increasing influence in our lives, & because media is controlled (with the
issuance of licenses, etc.) by government & its agencies, we have slowly &
systematically been led to believe that any form/appellation of our names is, in
fact, still us: as long as the spelling is correct. WRONG!
We were never told, with full & open disclosure, what our government
officials were planning to do & why.
We were never told that
government (the United States) was a corporation, a fictitious "person".
We were never told that
government had quietly, almost secretly, created a shadow, a STRAWMAN for each &
every AMERICAN, so that government could not only "control" the people, but also
raise an almost unlimited amount of revenue - so it could continue not just to
exist, but to GROW.
We were never told that when government deals with the STRAWMAN it is not dealing with real, living, men & women.
We were never told,
openly & clearly with full disclosure of all the facts, that since June 5, 1933,
we have been unable to pay our debts.
We were never told that
we had been pledged (& our children, & their children, & their children, & on &
on) as collateral, mere chattel, for the debt created by government officials
who committed treason in doing so.
We were never told that
they quietly & cleverly changed the rules, even the game itself, & that the
world we perceive as real is in fact fictional -and it's all for their benefit.
We were never told that
the STRAWMAN -a fictional person, a creature of the state -is subject to all the
codes, statutes, rules, regulations, ordinances, etc. decreed by government, but
that WE, the real man & woman, are not. We were never told we were being treated
as property, as slaves (albeit comfortably for some), while living in the land
of the free -& that we could, easily, walk away from the fraud.
WE WERE NEVER TOLD, WE WERE BEING ABUSED!
There's something else you should know: Everything, since June 1933, operates in
COMMERCE! Commerce is based on agreement, contract. Government has an implied
agreement with the Strawman (government's creation) & the Strawman is subject to
government rule, as we illustrated above. But when we, the real flesh & blood
man & woman, step into their "process" we become the "surety" for the fictional
Strawman. Reality & fiction are reversed. We then become liable for the debts,
liabilities & obligations of the Strawman, relinquishing our real (protected)
character as we stand up for the fictional Strawman.
So that we can once again place the Strawman in the fictional world & ourselves
in the real world (with all our "shields" in place against fictional government)
we must send a nonnegotiable (private) "Charge Back" & a nonnegotiable "Bill of
Exchange" to the United States Secretary of Treasury, along with a copy of our
birth certificate, the evidence, the MCO, of the Strawman. By doing this we
discharge our portion of the public debt, releasing US, the real man, from the
debts, liabilities & obligations of the Strawman. Those debts, liabilities &
obligations exist in the fictional commercial world of "book entries", on
computers &/or in paper ledgers. It is a world of "digits" & "notes", not of
money & substance. Property of the real man once again becomes tax exempt & free
from levy, as it must be in accord with HJR-192.
Sending the nonnegotiable Charge Back & Bill of Exchange accesses our Treasury
Direct Account (TDA). What is our TDA? Let's go to Title 26 USC & take a look at
section 163(h)(3)(B)(ii), $1,000,000 limitation: "The aggregate amount treated
as acquisition indebtedness for any period shall not exceed $1,000,000 ($500,000
in the case of a married individual filing a separate return)."
This $1,000,000 (one million) account is for the Strawman, the fictional
"person" with the name in all caps &/or last name first. It is there for the
purpose of making book entries, to move figures, "digits" from one side of
ledgers to the other. Without constant movement a shark will die & quite
ironically, like the shark, there must also be constant movement in commerce, or
it too will die. Figures, digits, the entries in ledgers must move from asset
side to debit side & back again, or commerce dies. No movement, no commerce.
The fictional person of government can only function in a fictional commercial
world, one where there is no real money, only fictional funds ... mere entries,
figures, & digits.
A presentment from fictional government -from traffic citation to criminal
charges -is a negative, commercial "claim" against the Strawman. This "claim"
takes place in the commercial, fictional world of government. "Digits" move from
one side of your Strawman account to the other, or to a different account. This
is today's commerce.
In the past we have addressed these "claims" by fighting them in court, with one
"legal process" or another, & failed. We have played the futile, legalistic,
dog-&-pony show -a very clever distraction -while the commerce game played on.
But what if we refused to play dog-&-pony, & played the commerce game instead?
What if we learned how to control the flow & movement of entries, figures, &
digits, for our own benefit? Is that possible? And if so, how? How can the real
man in the real world, function in the fictional world in which the commerce
When in commerce do as commerce does, use the Uniform Commercial Code (UCC)? The
UCC-1 Financing Statement is the one contract in the world that can NOT be
broken & it's the foundation of the Accepted For Value process. The power of
this document is awesome.
Since the Treasury Direct Accopunt (TDA) exists for the Strawman -who, until now, has been controlled by
government - WE can gain control (& ownership) of the Strawman by first
activating the TDA & then filing an UCC-1 Financing Statement. This does two
things for US.
First, by activating the TDA we gain limited control over the funds in the
account. This allows US to also move entries, figures, & digits ... for OUR
Secondly, by properly filing an UCC-1 Financing Statement we can become the
holder in due course of the Strawman. This gives us virtual ownership of the
government created entity. So what? What does it all mean?
Remember earlier we mentioned that a presentment from government or one of its
agents or agencies was a negative commercial claim against the Strawman (& the
Strawman's account, the TDA)? Remember we told you entries, figures, & digits
moved from one side of the account to the other, or to a different account? Well
now, with the Strawman under our control, government has no access to the TDA &
they also lose their go-between, their liaison, their "connection" to the real,
living man & woman. From now on, when presented with a "claim" (presentment)
from government, we will agree with it (this removes the "controversy") & we
will ACCEPT IT FOR VALUE. By doing this we remove the negative claim against our
account & become the "holder in due course" of the presentment. As holder in due
course you can require the sworn testimony of the presenter of the "claim"
(under penalty of perjury) & request the account be properly adjusted.
It's all business, a commercial undertaking, & the basic procedure is not
complicated. In fact, it's fairly simple. We just have to remember a few things,
like: this is not a "legal" procedure -we're not playing dog-&-pony. This is
commerce, & we play by the rules of commerce. We accept the "claim", become the
holder in due course, & challenge whether or not the presenter of the claim
had/has the proper authority (the Order) to make the claim (debit our account)
in the first place. When they cannot produce the Order (they never can, it was
never issued) we request the account be properly adjusted (the charge, the
"claim " goes away).
If they don't adjust the account a request is made for the bookkeeping records
showing where the funds in question were assigned. This is done by requesting
the Fiduciary Tax Estimate & the Fiduciary Tax Return for this claim. Since the
claim has been accepted for value & is prepaid, & our TDA account is exempt from
levy, the request for the Fiduciary Tax Estimate & the Fiduciary Tax Return is
valid because the information is necessary in determining who is delinquent &/or
making claims on the account. If there is no record of the Fiduciary Tax
Estimate & the Fiduciary Tax Return, we then request the individual tax
estimates & individual tax returns to determine if there is any delinquency.
If we receive no favorable response to the above requests, we will then file a
currency report on the amount claimed/assessed against our account & begin the
commercial process that will force them to either do what's required or lose
everything they own -except for the clothing they are wearing at the time. This
is the power of contracts (commerce) & it should be mentioned, at least this one
time, that a contract overrides the Constitution, the Bill of Rights, & any
other document other than another contract. We should also mention that no
process of law -"color" of law under present codes, statutes, rules,
regulations, ordinances, etc. - can operate upon you, no agent &/or agency of
government (including courts) can gain jurisdiction over you, WITHOUT YOUR
CONSENT. You, (we) are not within their fictional commercial venue.
The Accepted for Value process, however, gives us the ability to deal with
"them" -through the use of our transmitting utility/go-between, the Strawman -&
hold them accountable in their own commercial world, for any action(s) they
attempt to take against us. Without a proper Order, & now we know they're not in
possession of such a document, they must leave us alone ... or pay the
Yes, this process IS powerful.
Yes, it CAN set us free from government oppression & control.
But remember: "What goes around, comes around". "Do unto others, as you have
others do unto you." It's simple, folks, DO NOT ABUSE THIS PROCESS ... if you do
it could come around & bite you.
What can you do about it? We have the answer, and all the documents and
information you will need to complete this. Contact us by email for more
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