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1 Rodney Dale, Class;

2 Private Attorney General


3 c/o: P.O. Box xxx
4 Raleigh 99999
5 North Carolina
6 Tel: 704-xxx-xxxx
7

8 Congress of the United States

In support of the Letter of Marque and )


) Date: February 12th, A.D. 2009
Reprisal issued by the Congress of the United
)
States of America ) MEMORANDUM OF LAW
)
)
)
9

10 QUESTIONS PRESENTED

11 1. Can Congress issue Letters of Marque and Reprisal?

12 2. What are Letters of Marque and Reprisal designed to accomplish?

13 3. When are Letters of Marque and Reprisal issued?

14 4. For what purpose can Congress issue Letters of Marque and Reprisal?

15 5. What can a holder of a Letter of Marque and Reprisal do with such an instrument?

16 6. What protection can a holder of a Letter of Marque and Reprisal expect with such an instrument?

17 7. What does this author expect to do with the Letters of Marque and Reprisal issued by Congress?

18 8. What liability is assumed by both the Congress and this author when the Letters of Marque and

19 Reprisal are employed?

20 STATEMENT OF THE ISSUES

21 9. Various officers/office holders of the corporate UNITED STATES have acted in roles originally

22 agreed upon, established in the original Constitution for the United States of America in A.D.

23 1787 and have subsequently breached said terms and conditions as said governmental trustee

24 office holders.

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1 10. This writer is concerned about and is attempting to investigate and, if possible, correct those

2 breaches of said constitutional agreement.

3 11. Without correcting these inadequacies, the Land is now producing “home grown” domestic

4 terrorists in the form of Americans who are being damaged through United States Government

5 office holders committing torts on a mass scale taking property, destroying families, and

6 breaching the foundational agreement to promote domestic tranquility fundamental to all

7 domestic trust agreements - in this case the Constitution for the United States of America, the

8 respective State Constitution, the Articles of Confederation and the principles of the Declaration

9 of Independence.

10

11 STATEMENT OF THE FACTS

12 12. Various officers/office holders of the corporate UNITED STATES have acted in roles originally

13 agreed upon, established in the original Constitution for the United States of America in A.D.

14 1787 and have subsequently breached said terms and conditions as said governmental trustee

15 office holders.

16 13. Various governmental trustees are in breach of respective constitutional agreements.

17 14. Beneficiaries therein are being damaged.

18 15. Said damage has become an issue of National Security.

19 16. Without a remedy the situation will eventually lead to open warfare.

20 17. There are more armed Americans than the Us Military, Chinese Military and the Russian

21 militaries (combined can handle).

22 18. Warfare on American soil would lead to breach of various international treaties and international

23 lender agreements.

24 19. Domestic tranquility is at risk without a remedy for governmental agreement “house cleaning.”

25 See Hamilton Securities Brief attached as one exhibit to a larger problem.

26

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1 DISCUSSION 1

2 LETTERS OF MARQUE AND REPRISAL

3 20. The notions of “fair play and substantial justice” as well as “good faith” in any relation require

4 the Congress for the United States of America to perform the duties agreed upon in the State and

5 National Constitutional agreements.

6 21. Without a foundational agreement, for government to interface with its beneficiaries, society

7 would have no compact to stem from and operate within. The State and Federal constitutions are

8 those agreements upon which all Rights, contractual or unalienable, rest with governmental

9 protections therein.

10 22. The United States Constitution states in Article 1 section 10, “no state . . . shall pass any law

11 impairing the obligation of contract.”

12 23. Article I, Section 8, paragraph 11 of the U.S. Constitution authorizes Congress to "grant Letters

13 of Marque and Reprisal, and make rules concerning captures on land and water." A "reprisal" means

14 an action taken in return for some injury. A reprisal could be a seizing of property or guilty persons

15 in retaliation for an attack and injury. It could include force used against the perpetrators for the

16 redress of grievances. A reprisal could even involve killing a terrorist who is threatening further

17 harm and cannot be captured.

18 24. LETTER OF MARQUE AND REPRISAL War: A commission granted by the government to a

19 private individual, to take the property of a foreign state, or of the citizens or subjects of such state,

20 as a reparation for an injury committed by such state, its citizens or subjects. A vessel loaded with

21 merchandise, on a voyage to a friendly port, but armed for its own defense in case of attack by an

22 enemy, is also called a letter of marque. 1BoulayPaty,tit.3,s.2,p.300.

23 25. 2. By the constitution, art. 1, s. 8, cl. 11, congress has power to grant letters of marque and

24 reprisal. Vide Chit. Law of Nat. 73; 1 Black. Com. 251; Vin. Ab. Prerogative, N a; Com. Dig.

25 Prerogative, B 4; Molloy, B. 1, c. 2, s. 10; 2 Woodes. 440; 6 Rob. Rep. 9; 5 Id. 360; 2 Rob. Rep. 224.

26 And vide Reprisal.

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1 26. Such Letters are grantable not just by the U.S. Constitution, but also by international law, which

2 is why it was able to be included in the Constitution. The Letters are grantable whenever the citizens

3 or subjects of one country are injured by those in another country and justice is denied by the

4 government of the second country.

5 27. The Founders of the U.S. Constitution included Marque and Reprisal in addition to authorizing

6 Congress to declare war, so that in some cases, the U.S. government would not have to engage the

7 military and have a costly war. The risk would then be concentrated on those who chose to engage in

8 the reprisal. This empowers private citizens to protect themselves and other Americans.

9 The Constitutional Law Of The United States | by Westel Woodbury Willoughby

10 28. 403. Letters Of Marque and Reprisal and Captures on Land and Water

11 Congress is authorized by the Constitution to grant letters of marque and reprisal and to make

12 rules concerning captures on land and water.

13 It has been held that letters of marque may be granted to privateers to make captures within the

14 territorial waters of the United States as well as upon the high seas.

15 Similarly Congress may make rules concerning captures within the United States as well as

16 upon the high seas or upon foreign soil.

17 Several friends observed in a display in a judges training center in the Federal Court building in St.
18 Louis, Missouri, explaining the international waterways. All water shed, which enters international
19 waterways such as the Missouri River and Mississippi Rivers, is designated Maritime jurisdiction
20 and as the 45th Circuit Court of Lincoln County, Missouri displays a Maritime flag in the court room,
21 the courts of Lincoln County, Missouri must be under the jurisdiction of the Navy and the Judge
22 Advocate General. (affidavits are available)
23
24 29. "Marque" is related to "marching" and means crossing or marching across a border in order to do

25 a reprisal. So a Letter of Marque and Reprisal would authorize a private person, not in the U.S.

26 armed forces, to conduct reprisal operations outside the borders of the U.S.A.

27 30. The United State Supreme Court in 1818, 1876 and in 1944 declared that there are two united

28 States separated and distinct from each other. Case law; United States v. Bevans, 16 U.S. 3 Wheat.

29 336 336 (1818), United States v. Cruikshank, 92 U.S. 542 (1876), Hooven & Allison Co. v. Evatt.

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1 31. As early as the year 1820, the U.S. Supreme Court was beginning to recognize that the term

2 "United States" could designate either the whole, or a particular portion, of the American empire. 1.

3 Their the united states of the several states which is the 50 states or 2. UNITED STATE of the

4 federal corporation of the District of Columbia and its Territories which is separated from the several

5 states.

6 32. Black’s law Fifth edition

7 These words Marque and Reprisal are frequently used as synonymous, but, taken in their strict

8 etymological sense, the latter signifies a “taking in return” the former, the passing frontiers

9 (marches) in order to such taking. Letters of marque and reprisal are grantable, by the law of nations,

10 whenever the subjects of one state are oppressed and injured by those of another, and justice is

11 denied by that state to which the oppressor belongs; and the party to whom these letters are granted,

12 may then seize the bodies or the goods of the subjects of the state to which the offenders belong,

13 until satisfaction be made, whenever they happen to be found. Reprisals are to be granted only in

14 case of a clear and open denial of justice. At the present day, in consequence party of treaties and

15 party of the practice of nation, the making of reprisal is confined to the seizure of commercial

16 property on the high seas by public cruiser, or by private cruisers specially authorized thereto.

17 Article I sec 8 of US Const. grant Congress the power to grant. Letters of Marque and Reprisal.

18 33. The word state is under lined in the above definition on Marque and reprisal from black’s law.

19 Through research in Congressional records and Supreme Court decision, the states are defined as

20 foreign states. Each state, by their own definition and statutes, is foreign to each other and as defined

21 in the Am. Jur. 2d 57 the municipal corporation operates under treaties agreement. From municipal

22 to municipal, county to county, state to state and Federal Corporation to state corporations or any

23 combination of, they are by their own definition foreign to each other. This therefore make them

24 foreign to the people because they choose to step out of their Constitutional contract or even the

25 Article of Confederation contract which is still in enforce and effect under the Jefferson Manual.

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1 34. Article 27 of the Vienna Convention on the Law of Treaties provides that, where a treaty

2 conflicts with a state's municipal law (including the state's constitution), the state is still obliged to

3 meet its obligations under the treaty. The only exception to this rule is provided by Article 46 of the

4 Vienna Convention, where a state's expression of consent to be bound by a treaty was a manifest

5 violation of a "rule of its internal law of fundamental importance".

6 35. The Vienna Convention on the Law of Treaties (or VCLT) is a treaty concerning the customary

7 international law on treaties between states. It was adopted on 22 May 1969 and opened for

8 signature on 23 May 1969. The Convention entered into force on 27 January 1980. The VCLT has

9 been ratified by 108 states as of May 2007; those that have not ratified it yet may still recognize it as

10 binding upon them in as much as it is a restatement of customary law. However, the United States

11 came under international jurisdiction under 49 Stat. 3097; Treaty Series 881 CONVENTION ON

12 RIGHTS AND DUTIES OF STATES (inter-American); December 26, 1933 and under the

13 INTERNATIONAL ORGANIZTION, IMMUNITY ACT 1945 public law 79-291 79th Congress all

14 public offices and their officers claim FOREIGN SOVEREIGN IMMUNTY 28 USC ch. 97 1602 -

15 1608 when sued. This is the 11th amendment “not subject to a foreign state” clause. These are no

16 longer Americas who hold constitutional public offices but foreign nationals under 8 USC 1481 loss

17 of citizenship and 22 USC ch.11 Foreign agents. Even their public oath comes under 22 CFR

18 Foreign Relation. 92.12 - 92.31 & 5 USC 3331-3333 under the Administrative Procedure Act. 79th

19 Congressional Records Vol. 91 part1,8,13,14 & Vol.92 part 2,4,5 is the Senate Bill S.7 intent of the

20 Administrative Procedure Act Report No. 752 Calender No. 758 which created the fourth branch of

21 government and replace the Constitutional Court with Administrative Court with Legislative and

22 Executive as well as Judicial power. The 79th Congressional report defines the intent of this Act.

23 The Law firms that aid in the writing of the United States Codes title 5 have misconstrued the

24 original meaning of the Bill, by giving Administrative Court the right to use (S.7) against the people,

25 when the true meaning was to allow the people to bring charges / complaints against an agency or its

26 employees. 81st Congressional House Record Report # 3123 Calendar # 1078 National Lawyers

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1 Guild Communist Party Sept. 17 1950, and 28 USC 3002 section 15 ( a) UNITED STATE is defined

2 as a Federal Corporation including all agency and entity under it. It is not a Government it’s a

3 Corporation.

4 36. The UNITED STATES Supreme Court in 1886, 1909 and 1945 defines a Corporation to be a

5 “PERSON” Case law; Santa Clara COUNTY v. SOUTHERN PAC. R. CO., 118 U.S. 394, New

6 York Central R. Co. v. United States, 212 U.S. 481 (1909), United States v. Dotterweich, 320 U.S.

7 277 (1943). Delaware Code Title 8 Ch. 6 section 617 how to name a corporation. (Needs a last

8 name), Delaware legislation March 10th 1899 “An Act Providing General Corporate Law” A

9 corporation has all the same rights as a nature man. (This can be found at the Delaware Secretary of

10 States Office in Corporate Trust Company of America.) The Style Manual is the Grammar and

11 Punctuation manual created by U.S. Government Printing Office. This manual redefines the America

12 Grammar to which the people are taught in public schools. The usage of all capital letters is

13 referring to CORPORATIONS, that is why the people’s names are in all caps on all legal documents.

14 37. In Article 1 section 8 the powers given to Congress by the people are laid out. There are only two

15 issue to which Congress can create law in and those two jurisdictions are foreign and commerce.

16 The Courts have misused their authority given to them by incorporate the people of the several states

17 into commerce and foreign entity. Case law:

18 1. "The right of the citizen to travel upon public highways and to transport his/her
19 property thereon, either by carriage or automobile, is not a mere privilege which a
20 City/State may prohibit at will, but a common right which he/she has under the
21 right to Life, Liberty, and the Pursuit of Happiness." Thompson v. Smith 154 SE
22 579.
23 2. "The use of the highway for the purpose of travel and transportation is not a mere
24 privilege, but a common and fundamental right which the public and individuals
25 cannot be rightfully deprived." Chicago Motor Coach v. Chicago, 337 IIL200,169
26 NE 22, 66 ALR 834. Ligare v. Chicago 139 III. 46, 28 NE 934. Booney v. dark,
27 214 SW 607; 25 A M JUR (I'1) Highways, Sec. 163.
28 3. For a crime to exist, there must be an injured party. "There can be no sanction or
29 penalty imposed on one because of this exercise of Constitutional rights." Sheer v.
30 Cullen, 481 F. 945.
31
32 38. When these public offices came under International Jurisdiction and Administrative Law and

33 made themselves Corporation by Acts of Congress the people were never given the choice and have

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1 never given up the right to self govern/self government. These Acts/ Statutes created by Congress

2 under the influence of the American BAR Association (ABA) is in violation of their duties to the

3 people who place them in public office in good faith. These public offices have expatriated

4 themselves out of the public office and trust into a Foreign State status. By doing so, this now allows

5 the people to rely on the following documents. Each and every State of the Union in their

6 Constitution in Article 1, has a clause in it, as to who hold inherent policital power.

7 39. Under the Declaration of Independence and the U.S. Constitution Article 9 and 10 the people

8 never give up their rights or authority to self government. Each Constitution in each state has this in

9 it or something on this order.

10 40. Ohio State Constitution Section 2. Political Powers

11 Right to alter, reform, or abolish government, and repeal special privileges all political power is
12 inherent in the people. Government is instituted for their equal protection and benefit, and they have
13 the right to alter, reform, or abolish the same, whenever they may deem it necessary; and no special
14 privileges or immunities shall ever be granted, that may not be altered, revoked, or repealed by the
15 general assembly.
16
17 41. Penn. State Constitution Section 2. Political Powers

18 All power is inherent in the people, and all free governments are founded on their authority and
19 instituted for their peace, safety, and happiness. For the advancement of these ends they have at all
20 times an inalienable and indefeasible right to alter, reform or abolish their government in such
21 manner as they may think proper.
22
23 42. Declaration of Independence

24 That to secure these rights, Governments are instituted among Men, deriving their just powers from
25 the consent of the governed, — That whenever any Form of Government becomes destructive of
26 these ends, it is the Right of the People to alter or to abolish it, and to institute new Government,
27 laying its foundation on such principles and organizing its powers in such form, as to them shall
28 seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that
29 Governments long established should not be changed for light and transient causes; and accordingly
30 all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to
31 right themselves by abolishing the forms to which they are accustomed. But when a long train of
32 abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under
33 absolute Despotism, it is their right, it is their. —
34
35 43. U.S. Constitution

36 Amendment 9 - Construction of Constitution. Ratified 12/15/1791.


37 The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage
38 others retained by the people.

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1
2 Amendment 10 - Powers of the States and People. Ratified 12/15/1791.
3 The powers not delegated to the United States by the Constitution, nor prohibited by it to the States,
4 are reserved to the States respectively, or to the people.
5
6 44. The American Bar Association (ABA) is in violation of Article 6 of the Article of Confederation

7 by given themselves title of nobility. In this same Article 6 treaties with France and Spain are

8 referenced as supreme law of the land. The court and the ABA have failed to disclose the true nature

9 of the treaties to the people.

10 45. The Congress is in violation of it own Rulers and Practice. The Jefferson Manual lays out the

11 Procedures on the proper way to legislate law. Congress is referring back to the Article of

12 Confederation Article 10 by committee in a Quasi admission in order to pass enactment. Article 5 of

13 the U.S. Const. has been side stepped; none of these issues have been placed before the people.

14 46. By all definition those who hold public office have violated their trusted position to the people of

15 the serveral States. They are foreigner by all legal defintion created by Congress. The people of this

16 country are justified merely by the above Memorandum of facts to ask the military to step in and aid

17 the people to make a change in government even without a letter of Marque and reprisal being

18 stamped by Congress.

19 DISCUSSION 2

20 RELIEF SOUGHT

21 47. A Letter of Marque and reprisal was presented to Congress from the people not once, but three

22 times over the last 6 years. Military and militia have two choices.

23 48. Choice 1: accept the Marque and reprisal: the fact that Congress did receive and did stamp the

24 Marque and reprisal not once but three times and had the choice to act but failed in their duties. The

25 Constitution gives Congress a 10 day window to reject, pass or pass through remain silence, to which

26 Congress passed these letters of Marque and reprisal through their silence (Article I section 7 clauses

27 2) or

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1 49. Choice 2: reject the Marque: the above Congressional documents are enough to validate that a

2 change in government took place because they over throw the republic form of government and

3 replaced it with foreign entity (UN-be known to the people of this country). Congress never

4 confronted the people when they passed these Acts. At lease Congress was given the choice to pass

5 or reject the Marques. In law when one fails to respond to a legal document they wave their

6 argument. Failure to show up in Court is an automatic conviction by default/conviction of guilt.

7 Why are We the People not holding those who work for us to the same standing? The United States

8 Supreme Court has rule that God is first, the people are Sovereign and those who hold public office

9 come beneath those who created these positions.

10 Chilsom vs state of GA - 2 US 419 (1793)

11 50. 15 Statutes at Large, Chapter 249 (section 1), enacted July 27 1868

12 Chap. CCXLIX. ---An Act concerning the Rights of American Citizens in foreign States

13 Whereas the right of expatriation is a nature and inherent right of all people, indispensable to the

14 enjoyment of the rights of life, liberty, and the pursuit of happiness; and whereas in the recognition

15 of this principle this government has freely received emigrants from all nations, and invested them

16 with the right of citizenship; and whereas it is claimed that such American citizens, with their

17 descendants, are subjects of foreign states, owing allegiance to the government thereof; and

18 whereas it is necessary to the maintenance of public peace that this claim of foreign allegiance

19 should be promptly and finally disavowed; Thereof.

20 Be it enacted by the Senator and the House of Representatives of the United States of American

21 in Congress assembled, That any declaration, instruction, opinion, order, or decision, of any officers

22 of is government which denies, restricts, impairs or questions the rights of expatriation , is hereby

23 declared inconsistent with the fundamental principles of this government.

24 Private attorney general

25 51. The following was taken from Wikipedia, the free encyclopedia. Below is the definition of a

26 Private Attorney General and the history of it. Again the Military and the Militia have two choices

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1 either believe the statement below as fact and this position was create by the Senate judiciary

2 committee like the about documents or reject it as facts in law.

3 52. The term private attorney general is usually used today in the United States to refer to a private

4 party who brings a lawsuit that is considered to be in the public interest, i.e. benefiting the general

5 public and not just the plaintiff. The private attorney general is entitled to recover attorney's fees if

6 he or she prevails. The purpose of this principle is to provide extra incentive to private citizens to

7 pursue suits that may be of benefit to society at large.

8 53. However, the term also refers more generally to any person who holds a general power of

9 attorney from someone else, or who represents the public in any civil or criminal court proceeding.

10 Most criminal prosecutions today in the United States and other countries in the Anglo-American

11 legal tradition are conducted by public prosecutors who are public employees, but until the late 19th

12 century most criminal prosecutions in the United States were conducted by private persons, usually

13 but not always lawyers, either paid by private parties or asked by the court to serve pro bono. Private

14 criminal prosecutions are still legal in several of those countries, including several states of the

15 United States.

16 54. The U.S. Congress codified the private attorney general principle into law with the enactment of

17 Civil Rights Attorney's Fees Award Act of 1976, 42 U.S.C. § 1988. The Senate Report on this

18 statute stated that The Senate Committee on the Judiciary wanted to level the playing field so that

19 private citizens, who might have little or no money, could still serve as "private attorney general"

20 and afford to bring actions, even against state or local bodies, to enforce the civil rights laws. The

21 Committee acknowledged that, "[i]f private citizens are to be able to assert their civil rights, and if

22 those who violate the Nation's fundamental laws are not to proceed with impunity, then citizens must

23 have the opportunity to recover what it costs them to vindicate these rights in court." Where a

24 plaintiff wins his or her lawsuit and is considered the "prevailing party," § 1988 acts to shift fees,

25 including expert witness fees [at least in certain types of civil rights actions, under the Civil Rights

26 Act of 1991, even if not in § 1983 actions], and to make those who acted as private attorneys general

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1 whole again, thus encouraging the enforcement of the civil rights laws. The Senate reported that it

2 intended fee awards to be "adequate to attract competent counsel" to represent client with civil rights

3 grievances. S. Rep. No. 94-1011, p. 6 (1976). The U.S. Supreme Court has interpreted the act to

4 provide for the payment of a "reasonable attorney's fee" based on the fair market value of the legal

5 services.

6 55. JUSTICE POWELL delivered the opinion of the Court.

7 Title 42 U.S.C. 1988 (1976 ed., Supp. V) provides that in federal civil rights actions "the court, in its
8 discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as
9 part of the costs." The initial estimate of a reasonable attorney's fee is properly calculated by
10 multiplying the number of hours reasonably expended on the litigation times a reasonable hourly
11 rate. Hensley v. Eckerhart, 461 U.S. 424 (1983). Adjustments to that fee then may be made as
12 necessary in the particular case. The [465 U.S. 886, 889] two issues in this case are whether
13 Congress intended fee awards to nonprofit legal service organizations to be calculated according to
14 cost or to prevailing market rates, and whether, and under what circumstances, an upward adjustment
15 of an award based on prevailing market rates is appropriate under 1988. BLUM v. STENSON, 465
16 U.S. 886 (1984)
17
18 56. JUSTICE WHITE delivered the opinion of the Court.

19 The issue before us is whether an attorney's fee allowed under 42 U.S.C. § 1988 is limited to the

20 amount provided in a contingent fee arrangement entered into by plaintiff and his counsel.

21 Petitioner Arthur J. Blanchard brought suit in the United States District Court for the Western
22 District of Louisiana alleging violations of his civil rights under 42 U.S.C. § 1983. Blanchard
23 asserted that he was beaten by Sheriff's Deputy James Bergeron while he was in Oudrey's Odyssey
24 Lounge. Blanchard brought his claim against the deputy, the sheriff and the St. Martin Parish
25 Sheriff's Department. He also joined with his civil rights claim a state law negligence claim against
26 the above defendants and against the owners. Blanchard v. Bergeron, 489 U.S. 87 (1989)
27
28 The people could by law bring charges of the over throw of our Republic form of government, civil

29 rights violations and corruption, if the people had military and militia backing. It is a well known

30 fact the ABA, and the Courts destoryed the Militia purpose for protecting the people. It is also a well

31 known fact the ABA and the Courts destoryed the real purpose for the Grand jury. These two

32 entities were to keep the public offices in checks and balance. This was the reason the court Black

33 listed the Militia and the true purpose of the Grand jury.

34 57. THE GRAND JURY IN THE UNITED STATES AND OTHER STATES

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1 When our forefathers crossed the Atlantic Ocean to build a new home, free from the shackles of a

2 royal monarchy, they brought with them the concept of the grand jury as an institution to protect the

3 citizen from unjust prosecution. To insure its use for this purpose, the grand jury was expressly

4 provided for in the Fifth Amendment to the Constitution of the United States, specifically, the

5 amendments provide this.

6 In 1949 When Rule 4-7 of the FRCP was created that removed the power from the people to bring

7 forth a complaint against any public office to the grand jury, it was now given to the Prosecutor to

8 decide to prosecute one of their own. These Courts and Congress have over stepped their authority

9 in these public offices.

10 58. In all state constitutions the military is subordination to the civil power.

11 59. Ohio Const. Bearing arms; standing armies; military powers

12 The people have the right to bear arms for their defense and security; but standing armies, in time of
13 peace, are dangerous to liberty, and shall not be kept up; and the military shall be in strict
14 subordination to the civil power.
15
16 60. Penn Const. Standing Army; Military Subordinate to Civil Power

17 No standing army shall, in time of peace, be kept up without the consent of the Legislature, and the
18 military shall in all cases and at all times be in strict subordination to the civil power.
19
20 61. North Carolina Const. Militia and the right to bear arms.

21 A well regulated militia being necessary to the security of a free State, the right of the people to keep
22 and bear arms shall not be infringed; and, as standing armies in time of peace are dangerous to
23 liberty, they shall not be maintained, and the military shall be kept under strict subordination to, and
24 governed by, the civil power. Nothing herein shall justify the practice of carrying concealed
25 weapons, or prevent the General Assembly from enacting penal statutes against that practice.
26
27 62. The United States Code title 18 section 4 Misprision of felony and Ch 115 sec 2382 Misprision

28 of treason allow the people to confront the Military with issue of government corruption against the

29 people.

30 63. 18 USC section 4 Whoever, having knowledge of the actual commission of a felony cognizable

31 by a court of the United States, conceals and does not as soon as possible make known the same to

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1 some judge or other person in civil or military authority under the United States, shall be fined under

2 this title or imprisoned not more than three years, or both.

3 64. 18 ch 115 section 2382 Whoever, owing allegiance to the United States and having knowledge of

4 the commission of any treason against them, conceals and does not, as soon as may be, disclose and

5 make known the same to the President or to some judge of the United States, or to the governor or to

6 some judge or justice of a particular State, is guilty of misprision of treason and shall be fined under

7 this title or imprisoned not more than seven years, or both.

8 65. These are the facts and case law and Congressional documents that back up the people’s

9 complaint and justify the use of the Marque and the Private Attorney General in the name of the

10 people of the several states. It all has been documented with its correct numbers to be verified. The

11 people can not do any more to prove their case. If these issues are not enough, then there will never

12 be enough to justify the people’s cause.

13 66. The military has a vested interest in this issue to its military service people who are being

14 misused for personal profit due to the conflict with foreign nations by the policy of this private

15 corporation.

16 \
17 \

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1 RESPECTFULLY SUBMITTED this 12th day of February, 2009.
2
3
4
5 ____________________________
6 Rodney Dale, Class;
7 Private Attorney General
8 c/o: P.O. Box xxx
9 Raleigh 99999
10 North Carolina
11 Tel: 704-xxx-xxxx

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1 CERTIFICATE OF SERVICE
2
3 COPY of the forgoing hand delivered,
4 This ____ day of ___________, 2009, to:
5
6 _______________________________________

7 _______________________________________

8 _______________________________________

9 _______________________________________

10
11 _________________________________________________________
12
13 Service performed by:
14
15
16 _______________________________________

17 _______________________________________

18 _______________________________________

19 _______________________________________

090212 -- [Letter of Marque and Reprisal Memorandum 090212] — Page 16 of 16

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