From: Gary Hunt at the Outpost of Freedom

 

The

Outpost of Freedom
presents

MARTIAL LAW

By
Gary Hunt

Outpost o/ Freedom

For years we have heard that the United States

was in bankruptcy,

that we are under Martial Law.

For years we could only suppose this to be true.

Dr. Gene Schroder,

American Agricultural Movement,

has done extensive research into the matter.

The results of his research prove that

these claims are, absolutely, true.

Since March 9, 1933, the United States has been

operating under a declared

National Emergency

as a result of that bankruptcy.

The effect is an erosion of our Constitutional protections.

All information contained herein
is Copyright by Common Law.
Reproduction rights are granted,
so long as proper credit is given.

 

MARTIAL LAW

by

Gary Hunt

May 24, 1994

It seems that we have all heard that "martial law" had been declared and that we have been living under it for most, if not all, of our lives. I, like many others, looked at the circumstances and assumed that this could be true. I have not, however, been able to find the documentation of this matter and, therefore, have been reluctant to claim such.

Thanks to a very close fiend from Dallas, Texas, that I have never met (he was my "alarm clock" during the siege in Waco -- by virtue of calling me every morning, to wake me up), I now have most of the paperwork that supports this contention. This paperwork comes from a Citizens for Legal Reform meeting, January 18, 1994, "Abolition of the United States Constitution Under the War Powers Act", by Dr. Gene Schroder.

It is important, since we now know this to be true, to understand exactly how it was that we came under "Martial Law." It is one thing to assume that it is true, another to know that is true and quite another to KNOW why it is true. I will give quotes and refer to the documents from which they are taken.

WORLD WAR I

World War I, the War to end all wars, allowed the Congress to pass the "Trading with the enemy Act." [SIXTY-FIFTH CONGRESS, Session I, Chapter 106, "An Act To define, regulate, and punish trading with the enemy, and for other purposes."] The Act was passed on October 6, 1917. Portions of said Act are presented below:

Section 2(c) contains the definition of "enemy", to include, "Such other individuals or body or class of individuals as may be natives, citizens, or subjects of any nation with which the United States is at war, other than citizens of the United States, . . . may, by Proclamation, include within the tern "enemy" (emphasis mine)

Section 5(a) gives the President the authority to suspend the Act with regard to any ally of the enemy as he shall determine to be appropriate. An interesting assumption that the President may allow continuation of trade with an enemy, indirectly, based upon his determination!

Section 5(b), however, allows the President to ". . . regulate, or prohibit, . . . any transactions in foreign exchange, export or earmarkings of gold or silver coin or bullion or currency, . . . . by any person within the United States; and he may require any such person engaged in any s such transaction to furnish, under oath, complete information relative thereto, including the production of any books of account, contracts, letters or other papers, in connection therewith in the custody or control of such person, . . ."

Interesting that he has also made testimony compulsory. This appears to be a direct violation of that portion of Article V, Bill of Rights, which states, "nor shall be compelled in any criminal case to be a witness against himself," and is the beginning of the decimation of our Rights protected thereunder.

Section 6 provides for "officials to he known as "alien pi property custodians", who will be empowered to receive all money or property owned by, or owed to, any enemy or ally of enemy." Has this become the IRS?

Interesting that the authority granted the President allowed such a broad degree of discretion, and that the "gold and silver" mandated by the Constitution would be an object of this Act. My recollection was that Habeas Corpus may be suspended only, "when in Cases of Rebellion or Invasion the Public Safety , may require it."

The Writ of Habeas Corpus provision provides that no one may be arrested by the government, unless the arrest is made pursuant to the Constitution. Article 5 of the Bill of Rights, says, "No person .shall he held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces; or in the Militia when in actual service in time of War or public danger; nor shall any person he subject for the same offence to be twice put in jeopardy of life or limb; nor shall he compelled in any criminal erase to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law ; nor shall private property be taken for public use, without just compensation." Perhaps the intended meaning of this provision has been lost. Does it mean, among other things, that the government may not arrest anyone unless the determination that an arrest is to be made is made by a group of peers? That government, of and by itself, has not the authority to arrest anyone? Except, of course, in those times where a national emergency is declared?

So, perhaps the meanings given to the words by the Founding Fathers has been lost. Law enforcement officers make arrests, without indictments by the Grand Jury, and property is "seized", under property forfeiture laws, daily. Perhaps we have found why these sacred protections have slowly eroded into what we have been led to believe is good "crime control." Perhaps we have been LIED to by the very people chosen to represent us.

So much for this, however, because the War ended and all returned to normal -- except the fact that Congress had allowed this Act, which was a step in denial of Constitutional protection, to continue to exist.

Did these Acts of Congress continue to affect our daily lives? Or, were they discontinued at the end of hostilities? Go to your local law library and read 12 USC §95(b).

DEPRESSION

History makes quite clear the existence of the Great Depression. Exactly when it began is subject to debate. However, the fact that Franklin D. Roosevelt became President in March 4, 1933 is not.

On Sunday, March 5, 1933, Franklin Roosevelt called for Congress to "convene in extra session" on March 9, 1933 [Proclamation 2038]. On the very next day, he declared, by proclamation, a "bank holiday" which ran from Monday, March 6 through Thursday, March 9, inclusive. In the proclamation he makes some rather interesting claims. He states that "there have been heavy and unwarranted withdrawals of gold and currency . . . for the purpose of hoarding." and this "has resulted in severe a drains on the Nation's stocks of gold : and"

"WHEREAS these conditions have created a national emergency; and"

He then goes on to refer to "Section 5(b) of the Act of October 6, 1917, (40 Stat. L, 411) as amended "That the President may investigate, regulate, or prohibit, under such rules and regulations as he may prescribe, by means of license or otherwise, any transactions in foreign exchange and the export, hoarding, melting, or earmarkings of gold or silver coin or bullion or currency * * *’"

Further, "NOW, THEREFORE, I, Franklin D. Roosevelt, President of the United States of America in view (f the national emergency and by virtue of the authority vested in me by said Act . . . " (emphasis mine), and declares the "holiday."

The "national emergency" that he spoke of was the extension of lending authority granted to the Federal Reserve Bank (FRB) just twenty years before. The FRB was unable to provide, in gold, the deposits on hand. The system of fractional banking had allowed them to extend credit well beyond the available "value" held in trust by the banks. This is the definition of bankrupt, "The state or condition of one who is unable to pay his debts as they are, or become, due." (Black's Law Dictionary, Fifth Edition)

Then curiously, on March 9, Roosevelt saw fit to continue the "bank holiday" [Proclamation No. 2040] until further "proclamation" by the President. Perhaps never to be rescinded by said proclamation.

Then, on March 9, 1933, Congress passed "AN ACT To provide relief in the existing national emergency in banking, and for other purposes." [73rd Congress, Public Law No. 1, March 9, 1933. (Title I, § 1, 48 Stat. I] (emphasis mine) "That the Congress declares that a serious emergency exists and that it is imperatively necessary speedily to put into effect remedies of uniform national application. " Congress, not to be outdone by the President, passed a joint resolutions which confirmed the existence of the emergency (March 9 Proclamation) and argued that the resolution was necessary, otherwise the payment in gold, of real debts, would "obstruct the power of Congress to regulate the value of the money of the United States." That "every provision contained or made with respect to any obligation which purports to give the obligee a right to require payment in gold [the Constitution] or a particular kind of coin or currency [gold certificates], or an amount in money of the United States measured thereby; is declared to be against public policy; . . . Every obligation, heretofore or hereafter incurred, whether any such provision is contained therein or made with respect thereto, shall be discharged upon payment, dollar for dollar: in any coin or currency [Federal Reserve Notes] which at the time of payment is legal tender. . ." (emphasis mine)

Within the Act they rewrote Section 5(b) of the "Trading with the enemy Act" of 1917. The first sentence is provided, in it's entirety, to give you an idea of the change of mood of the government:

1933, Section 5(b)

During time of war or any other period of national emergency declared by the President, That 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, export or earmarkings of gold or silver coin or bullion or currency, 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, in any form (other than credits relating solely to transactions to be executed wholly within the United States); and transfers of evidence of indebtedness or of ownership of property between the United States and any foreign country, whether enemy, ally of enemy or otherwise, or between residents of one or more foreign countries, by any person within the United States or any place subject to the jurisdiction thereof; and he the President may require any such person engaged in any such transaction referred to in this subdivision to furnish, under oath, complete information relative thereto, including the production of any books of account, contracts, letters or other papers, in connection therewith in the custody or control of .such person, either before or after such transaction is completed..."

Let me repeat this as, it has read since 1933:

"During time of war or any other period of national 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 earmarkings of gold or silver coin or bullion or currency by any person within the United States or any place subject to the jurisdiction thereof; and the President may require any person engaged in any transaction referred to in this subdivision to furnish under oath, complete information relative thereto, including the production of any books of account, contracts, letters or other papers in connection therewith in the custody or control of .such person, either before or after such transaction is completed "

Interestingly, it appears that all reference to "enemy" is deleted, and the law now acts on "any person within the United States or any place subject to the jurisdiction thereof" Have WE become the ENEMY?

Note, also, that if the President were to issue a "license", the trading would be condoned. Have we been given a "license" to conduct our everyday activities of commerce? Many businesses, along with driving, hunting, fishing, etc., have become "licensed" activities. I leave to you to find the correlation.

The question might arise as to whether Roosevelt thought this out by himself The answer is a resounding NO! In a letter and recommended Resolution that Herbert Hoover received from Eugene Meyers, Governor of the Federal Reserve Board, dated March 3, 1933, we find the exact wording incorporated in the Act." This "advice" was finally followed by Roosevelt just a few days later, just after he was sworn in to office..

It is even more interesting to understand just what happened to all of the gold, at this point. Remember, this was predicated on the fact that the Federal Reserve Banks were unable to pay out the gold for which "certificates" had been issued. But, what happened to the gold? In "The Hoover Policies"," in discussing the affects of the New Deal, "This first contact of the "money changers" with the New Deal turned those who removed their money from the country a profit of up to 60 per cent when the dollar w as debased [gold was $20 per ounce before, and $32 per ounce after the banking act]." It appears, then, that those "in the know" were able to "remit" their "gold certificates" for gold prior to these Acts. The result was the reduction of assets in the banks to repair those with money on account and the transfer of the real "money", gold, to those who fled the country to profit from the misfortune of most of working America, throwing these working people into a dependency on government that resulted, in 1934, in the establishment of the Social Security Act, the beginning of "The New Deal" and the beginning of the demise of the "Great Experiment."

Let's check the validity of what we have just said. From the Congressional Record [March 9, 1933, page 79, by Steagall], "Section 2 confers upon the President the powers bestowed under the act of October 6, 1917, regardless of whether or not the county is involved in war." Later, in that same document [page 82] Mr. McGugin says, "Anyone knows that this Government cannot now collect enough taxes to meet their expenses . . . there is only one thing left for them, and that is to print money. "

In a report "Contracts payable in Gold" [Senate Report, Document No. 43, April 17, 1933, Page 9], we read the following statement, "The ultimate ownership of all property is in the State; individual so-called "ownership" is only by virtue of Government, i. e., law, amounting to mere user; and use must be in accordance with law and subordinate to the necessities of the State."

Well, this appears to be consistent with much that we have learned lately, we own NOTHING, not even our children. To bad they didn't teach this lesson in "government school" history class, after all, this is an official government document, and is obviously what government believes to be true - do you wonder whatever happened to what used to be called a "freeman"?

Let's go a bit further on this thread -- the United States Supreme Court said, in United States v. Russell [13 Wall, 623, 627] "Private property, the Constitution provides, shall not be taken for public use without just compensation. . . . Extraordinary and unforeseen occasions arise, however;... in cases of extreme necessity, in time of war or immediate and impending public danger, in which private property may be impressed into public service, or may be seized or appropriated to the public use, or may even be destroyed without the consent of the owner. . . ."

It appears that it had taken the Money Merchants just twenty short years to evolve from their first introduction, along with the 16th and 17th amendments, of the Federal Reserve Bank, into the history of the United States, to a position whereby their "currency" (fiat money) was made the "coin of the realm."

OTHER ACTS OF 1933

On May 17, 1933, Congress enacted additional legislation [Public Law No. 10, 1933 (HR 3835)] entitled, in part, "An Act To relieve the existing national economic emergency by increasing agricultural purchasing powers, to raise revenue for extraordinary expenses incurred by reason of .such emergency, . . . " This Act allowed Government to purchase cotton to prop up prices; store the cotton and borrow against it. They would then sell it back to the producers, so long as the producer did not buy more than that which, when added to his production for a given year, did not exceed the production for the previous year, and allowed government to prohibit the producer from growing any other crop on the land previously used for cotton production. The "licensing" of the "right" to sell cotton to foreign powers was also "given" to Government.

Part 2 of this Act extended the above to any agricultural product the Government wanted to get involved in, thereby becoming "partners" with the farmers of America. Of course, a "Processing tax" was also included to cover the cost of the Government's participation. The Act, however, was a very significant and substantial beginning to partnerships between Government and private sector - that which has culminated in the controls now imposed upon nearly every aspect of business today.

Section 13 of this Act declares that, "This title shall cease to be in effect whenever the President finds and proclaims that the national economic emergency, in relation to agriculture has been ended, . . ."

Then we come to Section 43, "Whenever the President finds, upon investigation, that (I) the foreign commerce of the United States is adversely affected by reason of the depreciation in the value of the currency of any other government or governments in relation to the present standard value of gold, or (2) action under this section is necessary in older to regulate and maintain the parity of currency issues of the United States, or (3) an economic emergency requires expansion of credit, or (4) an expansion of credit is necessary to secure by international agreement a stabilization at proper levels of the currency of various governments, the President is authorized, in his discretion--" then continues, under these criterion, to authorize the "creation" of money, out of virtually nowhere. This, in and of itself seems to defy logic and place an inordinate degree of authority within the office of President -- and remove it from the legislative body of our representatives.

The conclusion of this Act, however, is the epitome of the desecration of the concept handed down by the Founding Fathers. Section 46 amends the existing Section 19 of the Federal Reserve Act by adding, "Notwithstanding the foregoing provisions of this section [Section 19], the Federal Reserve Board, upon the affirmative vote of not less than five of its members and with the approval of the President, may declare a that an emergency exists by reason of credit expansion, and may by regulation during such emergency increase ease or decrease from time to time, in its discretion, the reserve balances required to be maintained against either demand or time deposits." So, what has been accomplished is an "emergency" that is self sustaining and has a life of it's own. The Act has created a means by which it can be extinguished., yet provides further provisions, and the creation of permanent agencies, which preclude that from ever occurring.

IS IT REAL?

The question will surely arise as to whether this "state of emergency" still exists. Well, we can go to 1973 and review the report of the Senate "Special Committee on the Termination of the National Emergency.[93rd Congress, Senate Report No. 93-549, November 19, 1973]" From the Forward of that report:

"Since March 9, 1933, the United States has been in a state of declared national emergency. In fact, there are now four presidentially proclaimed states of national emergency: In addition to the national emergency declared by President Roosevelt in 1933, there are also the national emergency proclaimed by President Truman on December 6, 1950, during the Korean conflict, and the states of national emergency declared by President Nixon on March 23, 1970, and August 15, 1971."

"These proclamations give force to 470 provisions of Federal law. . . . . delegate to the President extraordinary powers, ordinarily exercised by the Congress, . . . . confer enough authority [to the President] to rule the country without reference to normal constitutional processes."

REALITY

There you have it! The Senate of the United States, in committee, determined that, in fact, a national emergency exists today. As a result of the committee recommendations there: was a suspension of some of the executive orders relevant to national emergencies. However the significant ones still stand, in particular, those of 1933. Perhaps there is a reason that the Senate saw fit NOT to discontinue the national emergencies back in 1973. The perpetuation of this act is absolutely necessary to sustain the fraud that we have been under, for most of us, our entire lives. Anyone born before 1933 probably doesn't even realize what has happened to our country, our government, our laws and our Constitution There is no doubt, however, that at this time we are under a national emergency, and that we now understand why the system of laws and protections that we read about cannot be practiced. A foreign (Federal Reserve Board and Bank) enemy has descended upon us, and has acquired control of our government. That control would not be released until we demand, by whatever means necessary, Congress to return of our Constitution and the Great Experiment which the Founding Fathers granted us.

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