c/o general delivery San Rafael California Republic zip code exempt (DMM 122.32) July 29, 1993 Dear Al: I am in receipt of a copy of your letter from attorney William A. Cohan, dated June 21, 1993. In this letter, Mr. Cohan wrote the following to you: The "non-resident alien" position has been repeatedly rejected by the courts; your assertion of that position undermines your credibility. In the margin, you wrote the following in long hand: "Guess we made fools of ourselves. Al B" Although I do not have the time to write as thorough a response as I wish I could, I do have enough time to make a few careful remarks about these statements. Please consider the electronic fourth edition of The Federal Zone as a necessary supplement to the rest of this letter; it is not yet available in hard copy. First of all, I do not believe that your assertion of the "nonresident alien" position undermines your credibility. It may undermine your credibility in the eyes of Mr. Cohan, but it certainly does not undermine your credibility in my eyes, nor in the eyes of those who have studied and carefully documented the meaning of State Citizenship as that term was used and intended to be understood by the framers of the U.S. Constitution. Even IRS documents admit that you are an alien if you are not a citizen of the United States. Simple logic is all that is necessary to explain away the "alien" half of the problem, but there is much more proof, as you know. I have recently made a crucial discovery in the writings of attorney Roger Foster. Foster was a Yale lecturer and recognized expert in federal jurisprudence at the time the so-called 16th Amendment was declared "ratified". The second edition of his treatise on the federal income tax of 1913 states, in unequivocal language, that the tax was levied in Alaska, the District of Columbia, Puerto Rico, and the Philippine Islands; the 48 States are not even mentioned (see Chapter 3 in The Federal Zone). In and of itself, this documentary evidence is important proof of the territorial extent of the 1913 federal income tax. What is even more stunning is the comparable section from the first edition of Foster's treatise. In this section, he rambles on about the lack of court precedent authorizing Congress to tax bond interest that is payable to nonresident aliens by domestic corporations. Because he makes repeated use of the term "United States", a term which we now know to have multiple different meanings in law, this section is almost always vague about the exact territorial extent of the 1913 Act. There is, however, one place where he tips his hand by utilizing the term "Union" in a territorial sense. In other words, the first edition of Foster's treatise considers the "Union of several States" to be the territorial reach of the 1913 Act, but in the second edition this whole section is replaced with a much smaller section which limits that reach to Alaska, the District of Columbia, Puerto Rico and the Philippine Islands. Therefore, Foster has admitted, in writing, that his first edition was in error about the territorial extent of the 1913 federal income tax! Read it for yourself and see if you agree with me. It is not entirely correct to state that the "non-resident alien" position has been repeatedly rejected by the courts. Such a statement overlooks the obvious fact that the Brushaber decision is still standing case law in America. As you must already know, this ruling was issued by the United States Supreme Court. None of the cases cited in Mr. Conklin's essay, "The Citizenship Argument Bites the Dust in the Courts", was decided by the U.S. Supreme Court. Moreover, most of those lower court cases remain unpublished, unlike the long list of Supreme Court decisions which have carefully considered the meaning of Citizenship (e.g. Cruikshank, Dred Scott, Slaughter-House Cases, to name a few of the key ones). Why? Treasury Decision 2313 also remains as a standing decision of the U.S. Treasury Department. There was only one Plaintiff in the Brushaber case; that Plaintiff was Mr. Frank R. Brushaber who was "a citizen of the State of New York and a resident of the Borough of Brooklyn, in the City of New York", by his own admissions. To assert anything else about his status is to assume facts that were not in evidence. If he had been a native of France, according to federal government propaganda, then where was his green card? The courts issued their decisions on the basis of facts that were in evidence. Therefore, there was and still is no basis in fact, or in law, for the Secretary of the Treasury in 1916 to extend the Brushaber decision to those who were not parties to that action. It is conclusive, therefore, that Frank R. Brushaber was the "nonresident alien" to which Treasury Decision 2313 refers. Quite apart from the technical issues involved in understanding and explaining Treasury Decision 2313, I would like to dedicate the remainder of my remarks here to a discussion of the importance of the U.S. Constitution. If my research has established anything, it is that the U.S. Constitution has explicitly recognized State Citizenship from the beginning, even if there was no definition of State Citizenship as such in that document. If the Constitution is perpetual, then so is the status of State Citizenship which it recognizes (see Texas v. White), until and unless each and every reference to State Citizens is lawfully amended so as to alter the original meaning of those provisions. The intent of any law is the law, and this principle applies as well to the Constitution itself (the supreme Law). You will find explicit references to State Citizens throughout the U.S. Constitution (see 1:2:2, 1:3:3, 2:1:5, 3:2:1, 4:2:1). In my opinion, three of the most important references are found in the qualifications for election to the offices of U.S. Senator, Representative, and President. Since these provisions have never been amended, their meaning remains the same as it was on the day the Constitution became the supreme Law in America. Anyone who argues something different about the construction of these provisions is woefully, and maybe even dangerously, ignorant of the basic principles of constitutional law in our country (see Dred Scott v. Sandford in particular, a decision which is "infamous" to me only because it was such an authoritative and irrefutable mirror on the legal acceptability of chattel slavery at that point in American history). Prior to the 1866 Civil Rights Act, there was simply no such thing as a "citizen of the United States" (see Ex parte Knowles, which is still standing case law in the California Republic). If you can find the time to wade into the huge body of case law which interpreted the so-called 14th Amendment, you will find some jurists who credit that amendment with finally settling the definition of "citizen of the United States" (see Field's dissent in the Slaughter-House Cases for a good example of this position). On the other hand, the pertinent U.S. Supreme Court decisions have never ruled that a ratified 14th Amendment ever abolished the status of State Citizenship; the amendment itself even stipulates that federal citizens are also "citizens ... of the State wherein they reside", giving some jurists reason to conclude that federal citizens were intended to be State Citizens too, as long as they resided within one of the Union States. To my knowledge, I am the first published author to call attention to the lower-case "c" in this class of State citizens; the weight of subsequent history has shown that they remain second-class citizens, even when they "reside" within one of the Union States, because the Bill of Rights has at best a limited application to them when they do. We must credit The Informer for pointing out additional evidence in Section 2 of the 14th Amendment: "[W]hen the right to vote ... is denied to any of the male inhabitants of such State ... and citizens of the United States ...." This section is here referring to two different classes of people. The Cruikshank case is perhaps the most lucid example of standing High Court case law for ruling that "[W]e have in our political system a government of the United States and a government of each of the several States. Each of these governments is distinct from the others, and each has citizens of its own ...." This means that, even if the so-called 14th Amendment had been properly approved and adopted, the status of State Citizen remains an integral part of the U.S. Constitution, so integral in fact, that the highest elective offices in our land must be occupied by People who enjoy and exhibit this status before occupying those offices. Remember also that the Cruikshank case was decided after the alleged ratification of the 14th Amendment and after the pivotal Slaughter-House Cases. The failed ratification of this amendment lends even greater clarity to logic of Cruikshank, namely, that federal citizens are aliens with respect to the Union States, and State Citizens are likewise aliens with respect to the District of Columbia. The Constitution also plays a crucial role in determining whether or not a proposed amendment is ever elevated to the status of a ratified amendment. Hiding in the huge body of case law which has interpreted the so-called 14th Amendment, there are two pivotal decisions of the Utah Supreme Court which actually struck down the ratification of that amendment (see State v. Phillips and Dyett v. Turner). The facts on which that Court relied were assembled and published in the Congressional Record; courts must take judicial notice of the Congressional Record. The U.S. Supreme Court has never actually ruled on the ratification of the 14th Amendment and has been prevented from doing so by treasonous behavior (see 28 Tulane Law Review 22, and 11 South Carolina Law Quarterly 484). Thus, the undeniable preponderance of historical evidence now proves that the Utah Supreme Court was correct in striking down the 14th Amendment. I invite you to review the shocking and sordid history of its "passage" by studying carefully the details recited in the Dyett decision. The bottom line is that the federal government has been exercising unlawful dominion ever since the Civil War, and the failed ratification of the so-called 14th Amendment is just one among several historical facts which constitute conclusive evidence of this unlawful dominion. The so-called 16th Amendment is another excellent example of this unlawful dominion. By holding, as the Utah Supreme Court has done, that the 14th Amendment was never properly approved and adopted, we are still entirely justified in taking the U.S. Supreme Court's view in Cruikshank, namely, that each governmental jurisdiction has citizens of its own. This view is supported by the decision in Colgate v. Harvey, which ruled that the 14th Amendment did not create a national citizenship (the italics implying that the amendment was simply declaratory of existing federal law, which federal law was the 1866 Civil Rights Act). Simply stated, California has its Citizens; Oregon has its Citizens; Utah has its Citizens; ... and the District of Columbia has its citizens (51 governmental jurisdictions in all). Notice that I have been careful to spell State Citizen with an UPPER-CASE "C", and federal citizen with a lower-case "c". I do so primarily because authentic copies of the U.S. Constitution do evidence this convention; those authentic copies also maintain a similar distinction between "Person" and "person". Prior to the 14th Amendment, "Person" was consistently spelled with an UPPER- CASE "P" (see the qualifications for Senator, Representative and President, where the term "No Person" is repeated). Formal English also recognizes an important difference between Proper Nouns and common nouns. Did you ever attend a baseball game that was won by the chicago cubs (or the cHICAGO cUBS)? Al, I invite you to take a closer look at the underlying rationale for the "nonresident alien" position which I have endorsed and explained in my book The Federal Zone, whether or not you choose to utilize it in any future litigation. There is simply too much in the way of undeniable factual evidence and relevant constitutional history for me to be dissuaded by this or that unpublished decision by lower federal courts. I doubt very much that Mr. Cohan would have us believe that federal and State courts are always correct, and that their decisions are never overturned. I have read some of these lower court decisions, and I find them to be riddled with errors. Specifically, any court in America which henceforth issues decisions that are predicated upon the lawful ratification of the so-called 14th and 16th Amendments is plainly in error (see People v. Boxer). Any licensed attorney in America who bases his advice to clients (or prospects) on such rebuttable presumptions might justifiably be applauded for seeking the path of least resistance, with the complete approval of his clients; but attorneys and clients together should also seriously reconsider just how dedicated they really are to upholding and defending the Constitution for the United States of America, as compared to other priorities that can and do take precedence under the pressures of day-to-day practice. I say this only because the published evidence available to me shows that licensed attorneys in America are expected to place the court first, public policy second, and the client third in order of importance; the Constitution isn't even mentioned! It is high time that we return to basic issues of constitutional Law. If we don't, then we shall surely lose the Constitution forever. It is quite simply impossible for public officials anywhere in America to perform their solemn duty to uphold and defend the U.S. Constitution, if the weight of material evidence should prove that the exact provisions of that Constitution are still in doubt. This was the major issue that was addressed in the case of People v. Boxer; copies of the pleadings and affidavits were shipped to Mr. Cohan several months ago, without any response from him. I don't mean to be rude or disrespectful to any licensed attorneys when I suggest that they too should be obliged to take the same solemn oath, if they have not already done so. The constitutional provisions which cite State Citizens have never been in any serious doubt, even if our decision to defend this status is fraught with much additional peril, above and beyond the peril we might endure by resisting this or that tax assessment by the collection agency of a foreign banking cartel. If the Constitution is perpetual, then so is the Sovereign State Citizenship which that Constitution has recognized from the beginning, with or without the so-called 14th Amendment. Let the judges in question come forward to explain why their recent decisions were "unpublished". I am all ears. The road less traveled may be the surest path to our destination, and to our destiny as a free People. Sincerely yours, /s/ Paul Andrew Mitchell Paul Andrew Mitchell, B.A., M.S. Private Attorney General enclosures copies: William A. Cohan, Esq. John Voss, N.C.B.A. Richard McDonald # # #
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