William Michael, Kemp, Sui Juris c/o General Delivery Gadsden, Alabama state non-domestic zip code exempt In Propria Persona All Rights Reserved Without Prejudice DISTRICT COURT OF THE UNITED STATES NORTHERN JUDICIAL DISTRICT OF ALABAMA MIDDLE DIVISION STATE OF ALABAMA [sic] ) Case No. #CV-97-H-0022-M ) Plaintiff [sic] ) 16th Cir. Case #CC-95-1083-DWS ) v. ) NOTICE AND DEMAND FOR ) MANDATORY JUDICIAL NOTICE: WILLIAM MICHAEL KEMP [sic], ) Rule 201(d), Federal Rules ) of Evidence; Full Faith and Defendant [sic] ) Credit Clause; P.L. 91-375, _____________________________) Section 403 COMES NOW William Michael, Kemp, Sui Juris, Citizen of Alabama state, expressly not a citizen of the United States ("federal citizen"), and Defendant in the above entitled action (hereinafter "Defendant"), to provide formal Notice to all interested parties of His Demand, made hereby pursuant to Rule 201(d) of the Federal Rules of Evidence, for mandatory judicial notice of the attached documentation and legal authorities concerning the United States Postal Service ("USPS") and the use of Zone Improvement Program ("ZIP") codes on first class mail. This honorable Court is respectfully requested to take formal judicial notice of P.L. 91-375, Section 403. The attached documentation is incorporated by reference as if set forth fully. Notice and Demand for Mandatory Judicial Notice: Page 1 of 23 S A M P L E L E T T E R To Whom It May Concern: Please kindly correct your records to show that I am located at: NON-DOMESTIC c/o ______________ Street City/Town, State (spell out full name) zip code exempt (DMM 122.32) Since the use of ZIP codes is voluntary (see Domestic Mail Service Regulations, Section 122.32), the U.S. Postal Service cannot discriminate against the non-use of ZIP codes, pursuant to the Postal Reorganization Act, Section 403 (Public Law 91-375). The federal government attempts to assert jurisdiction by sending letters with ZIP codes, when jurisdiction would otherwise be lacking. The receipt and "acceptance" of mail with ZIP codes is one of the requirements for the Internal Revenue Service, in particular, to have jurisdiction to send notices. In fact, the IRS has adopted ZIP code areas as "Internal Revenue Districts". See the Federal Register, Volume 51, Number 53, for Wednesday, March 19, 1986. The federal government cannot bill a __________________ State Citizen because such a Citizen is not within the purview of the District of Columbia, its territories, possessions or enclaves. As a group, these areas are now uniquely and collectively identified as "the federal zone", as explained in the book entitled The Federal Zone: Cracking the Code of Internal Revenue, San Rafael, Account for Better Citizenship, 1992. Your immediate cooperation in this matter will be most appreciated. Signed with explicit reservation of all my rights and without prejudice to any of my rights, /s/ John Q. Doe __________________________________________________ John Q. Doe, _______________________ state Citizen Nonresident Alien with respect to The Federal Zone (D.C., its territories, possessions and enclaves) Notice and Demand for Mandatory Judicial Notice: Page 2 of 23 ZIP Code Use Invokes Federal Jurisdiction Vol. I, No. 6 Use of the ZIP Code is voluntary. See Domestic Mail Services Regulations, Section 122.32. You should also know that the Postal service cannot discriminate against the non-use of the ZIP Code. See "Postal Reorganization Act", Section 403, (Public Law 91-375). The federal government utilizes the ZIP code to prove that you reside in a "federal district of the District of Columbia". This is why the IRS and other government agencies (state and federal) require a ZIP Code when they assert jurisdiction by sending you a letter. They claim that this speeds the mail, but this is a sly and subtle TRICK. It is also prima facie evidence that you are a subject of Congress and a "citizen of the District of Columbia" who is "resident" in one of the several States. The receipt of mail with a ZIP code is one of the requirements for the IRS to have jurisdiction to send you notices. The government cannot bill a Citizen of California, because he is not within the purview of the MUNICIPAL LAWS of the District of Columbia. In fact, the Internal Revenue Service has adopted the ZIP code areas as Internal Revenue Districts. See the Federal Register, Volume 51, Number 53 , Wednesday, March 19, 1986. You must remember that the Postal Service is a private corporation, a quasi-governmental agency. It is no longer a full government agency. It is like the Federal Reserve System, the Internal Revenue Service, and the United States Marshall Service. They are all outside the restrictions of the Federal Constitution, as private corporations. They are all powerful in their respective areas of responsibility to enforce collection for the federal debt. So, if you are using a ZIP code, you are in effect saying openly and notoriously that you do not live in the State of California, but, instead are a resident in the california area of the District of Columbia (a federal district). There are some so-called Patriot groups that I consider to be patriots for money. They advocate the use of Title 42 suits (which are for federal citizens only), send mail to you with a ZIP Code, and ask you to do things that place you within the municipal jurisdiction of the District of Columbia. Remember these individuals may be agents of the government or, even worse, are advocating a one-world government by the use of the Social Security number and the ZIP code. So you must be aware of the movement towards a one-world government through annihilation or elimination of State Citizens by use of the so-called 14th Amendment and its related laws. Notice and Demand for Mandatory Judicial Notice: Page 3 of 23 This movement can be halted by the efforts of everyone to return to the status of Primary State Citizens. By becoming a State Citizen and not a citizen of the United States, you can get the federal government off your back and out of your billfold. Speaking for myself, I want the Original Constitution for the United States of America put back in force, as applied against the federal government, and the States restored to their original status as Republics. So, all you have to do is to study and determine your status, whether you are a "slave" and a second-class citizen (commonly referred to as a "federal citizen"), or a Sovereign State Citizen (e.g. of California). You must decide who and what you are!!!!! Notice and Demand for Mandatory Judicial Notice: Page 4 of 23 c/o General Delivery San Rafael, California Postal Zone 94901/tdc August 16, 1992 Eileen Casady Mill Valley Post Office 751 E. Blithedale Mill Valley, California state Postal Zone 94941-9998/tdc Dear Eileen: Thank you for your interest in our research. Yesterday, you may recall that you asked me about my use of the letters "/tdc" after ZIP codes. I am sorry that the Post Office was too busy for us to discuss it on the spot. I want you to know that I have noticed the cheerful efficiency with which you serve the public at your counter, and do so with remarkable consistency. So, it is with great pleasure that I am now able to return the favor of your kindness and consideration. The problem which I am about to describe to you has its roots in old Europe, where many generations of banking families made a lucrative discovery centuries ago. They found that banks could profit more by loaning huge sums to governments, than by making lots of small loans to individuals like you and me. Governments, of course, are in a unique position to borrow huge sums, and they have the police power to extract repayment from their people. In 1913, our Congress got in bed with these same European banking families and passed legislation which created a private credit monopoly known as the Federal Reserve System. This system is no more federal than Federal Express. Moreover, there is no "Reserve". These banks are privileged to loan money which they don't have, through a special privilege known as "fractional reserve banking". What really happened was that Congress extended to this monopoly the privilege of counterfeiting money. Congress benefits from this monopoly by borrowing huge sums from it every year. You see, for decades now, Congress has been spending much more money than it collects from taxation. It "balances" the budget every year by putting ink on pieces of paper and calling them bonds. These bonds are usually put up for sale in the open bond market. But the federal deficits have become so huge, there are not enough working people like you and me to buy up all of these bonds every year. So, Congress walks across the street to the Federal Reserve, which buys them from Congress by printing ink on pieces of paper and calling them "Federal Reserve Notes". Take a look in your wallet now, and you will see an example of a Federal Reserve Note (or "FRN"). The New York banking establishment refers to these bills as Federal Reserve Accounting Unit Devices (F-R-A-U-D). Notice and Demand for Mandatory Judicial Notice: Page 5 of 23 It is bad enough that this private credit monopoly has been given the privilege to "counterfeit" money. (They call it "credit creation via bookkeeping entries".) What makes the whole scam so intolerable is that the American people get stuck with the interest payments. Congress was forced, in effect, to "lien" on the land and labor of all Americans as collateral for these huge bank loans. Enter the Internal Revenue Service. The IRS is really just a collection agency for the Federal Reserve banks. The FED pumps money and credit into the economy, and the IRS sucks it out of the economy, like two pumps, working in tandem. If we had only one pump injecting money into the economy, without a balancing pump to remove it from the economy, the value of our dollar would diminish rapidly as inflation climbed like a sky rocket into the stratosphere. This happened in Germany just prior to World War II, so the bankers learned an important lesson from that grotesque experiment in hyper-inflation. What does all this have to do with ZIP codes, you ask? Well, under American Law never repealed, Congress does not have authority to obtain controlling interest in all Americans, such that it can compel our specific performance to discharge any third-party debt or obligation. Imagine walking into a department store to buy a new toaster, and having the store clerk send the bill to Willie Brown. In this example, you are Congress; the store is the Federal Reserve; and Willie Brown represents the American people (some of the time). Willie Brown gets stuck with a transaction to which he was never a party. In fact, he didn't even know about it! Congress needs to deceive Americans into believing that they are all "subjects" of the "United States". If you are subject to the jurisdiction of the "United States", then you can be compelled to pay taxes which are used to discharge the interest payable on the huge principal deficit which Congress has amassed. But, here's the rub. The Supreme Court in 1945 defined the term "United States" to have three separate and distinct meanings. These meanings are: (1) the name of our sovereign nation, occupying the position of other sovereigns in the family of nations (2) the federal government and the limited territory over which it exercises exclusive sovereign authority (3) the collective name for the States which are united by and under the Constitution for the United States of America The second of these three definitions is the most interesting. It includes such areas of land as the District of Columbia, Puerto Rico, Virgin Islands, Guam, and American Samoa, but it does NOT include the 50 States of the Union, like California, and Florida, and New York. Now, if you were born in one of the 50 States of the Union, you were born outside of the area defined by the second definition of "United States" and you are, therefore, born a free Sovereign. A Sovereign is the opposite of a subject. If you were born a Sovereign, there is no way you can be "subject" to the jurisdiction of the "United States" (unless you volunteer), particularly when the "United States" in this context means only the very limited territory over which Congress exercises its exclusive authority. Congress does not exercise exclusive authority over any of the 50 States of the Union. That's the American Law which has never been repealed. Unfortunately, the Supreme Court's definition of the three "United States" was written in 1945, at the peak of the first nuclear war on this planet. People had other things on their minds! Notice and Demand for Mandatory Judicial Notice: Page 6 of 23 One of the ways in which Congress deceives all Americans into thinking they are its "subjects" is to utilize jurisdictional traps like the ZIP code. In the DMM, you will find that ZIP codes are actually optional (see DMM 122.32). If we utilize this optional "benefit" which Congress is providing for us, we are presumed to be volunteering ourselves as "subjects" of Congress. That may sound pretty stupid, at first glance, but it gets worse. Federal judges are now under so much pressure to keep the money flowing into the banks, they have developed a technique called "silent judicial notice". That's a fancy way of saying they don't have to tell you that you made yourself a subject of Congress by using ZIP codes. And the government is always fond of telling people that ignorance of the law is no excuse. But, of course, this is fraud and it's just as illegal for the government to do it as it is to counterfeit money. Now, we finally arrive at "/tdc". You cannot be compelled to honor or perform under any contract if you were under threat, duress, or coercion when you entered the contract. It's like extortion: you aren't really "cooperating" when someone extorts your cooperation. Actually, a criminal commits a serious crime against your person to extort your cooperation for anything. The ZIP code is like extortion, on a small but real scale. Postal clerks tell us our mail will move a lot slower if we don't use ZIP codes, and they are probably right. You would know! But we have to pay the same amount for first class, whether or not we use a ZIP code, and remember that ZIP codes are defined as optional in the DMM. So, if we use ZIP codes, our mail moves a lot faster, but the federal government is thereby entitled to treat us as subjects and force us to pay interest on their huge federal deficit. If we don't use ZIP codes, our mail moves much slower (the "duress"), we still have to pay the full postage due, but at least we avoid becoming "subjects" of Congress. Being free of Congress is our right as Americans, even when Congress is nowhere nearly as corrupt as it is now. In fact, I think it is fair to say that in the 200+ years of our brief history as a nation, this is probably the most corrupt Congress we have ever had in America. Notice and Demand for Mandatory Judicial Notice: Page 7 of 23 The way around this dilemma is to use ZIP codes under threat, duress, and coercion. Specifically, we are being threatened with subjugation (slavery?) to Congress for utilizing a neat sorting scheme which expedites the delivery of everyone's mail. This threat also means that we did not enter the "ZIP code contract" voluntarily, because we had to pay the full postage regardless of whether we used the ZIP code or not. But at least we retain our right to avoid becoming a slave to the Federal Reserve banks. The whole situation would be different if there were a different rate for mail addressed without ZIP codes, and if the federal government would fully disclose the jurisdictional trap which it has created with ZIP codes. The federal government's failure to disclose fully all the terms and conditions attached to its contracts means that the federal government is guilty of fraud, pure and simple. And fraud nullifies, or "vitiates" everything it touches, all the way back to the beginning, even if that's your original birth certificate, or your original SS-5 Social Security application (not the SSN or SS card, but the application for an SSN). Recall now that the New York banking establishment refers to our money as Federal Reserve Accounting Unit Devices (F-R-A-U-D). For your information, I have enclosed some additional information on this problem. Please feel free to share these materials with anyone you choose. Our research is open and available to the public, because we have nothing to hide. We are passionate and dedicated to restoring Constitutional government to America, whereby the rights of individuals are supreme. Governments at all levels should be our public servants, because we are the public and they are the servants. They should not be permitted to utilize threat, duress, and coercion to extort our cooperation with their fraudulent debt schemes. It is just as illegal for them to do it as it is for you and I to do it! Thanks so much for your interest and for keeping an open mind at this most difficult time in our nation's history. Sincerely yours, /s/ John E. Trumane John E. Trumane Account for Better Citizenship Notice and Demand for Mandatory Judicial Notice: Page 8 of 23 c/o General Delivery San Rafael, California Postal Zone 94901/tdc December 26, 1992 Eileen Casady Mill Valley Post Office 751 E. Blithedale Mill Valley, California state Postal Zone 94941-9998/tdc Dear Eileen: Happy Holidays to you! This letter is a follow-up to my previous letter to you, dated August 16, 1992. At that time, you may remember asking me about my use of "/tdc" on mailing labels. Among other things, in my letter I explained how ZIP codes do expedite the delivery of mail (you would know!) and how the unqualified use of ZIP codes creates a legal presumption that the user is "subject" to Congress. I also explained why a failure to use ZIP codes can and does delay the delivery of mail. Enclosed please find a photocopy of an envelope which I recently received in San Rafael. This envelope arrived with an extra adhesive sticker on the front of the envelope with the following text: YOUR MAIL HAS BEEN DELAYED DUE TO INCORRECT ADRESS AND/OR ZIPECODE As you can see from the attached photocopy, I have spelled the words on this adhesive sticker exactly as they are shown. By any chance, does the USPS now refer to them as "zippy" codes? This photocopy is, therefore, conclusive proof that the U.S. Postal Service does discriminate against the non-use of ZIP codes, contrary to the "Postal Reorganization Act", Section 403, (Public Law 91-375). Sincerely yours, /s/ Paul Andrew Mitchell John E. Trumane Account for Better Citizenship attachment Notice and Demand for Mandatory Judicial Notice: Page 9 of 23 The ZIP Code Issue: Excerpts from a Personal Letter by Howard Freeman November 11, 1988 Your letter asks for information on the ZIP Code pursuant to something that appeared in the Justice Times some time ago. I wish I had in my possession the article you refer to, so that I could have some idea of what you already know, and could just fill in the details of what you do not understand, but I do not have that article, so I'll try to make the "ZIP Code Issue" clear to you. There are two entities, or nations, called "The United States". One is the union of 50 independent States combined into a 3-branch (Legislative, Executive & Judicial) Republican Form of government under a contract called: The Constitution for the United States of America. The Other is a 1-branch (Legislative) Democracy, which arises out of the Constitutional Contract wherein Congress (the Legislative Branch of the 3-branch Republic) was given Exclusive rule over a body of people known as: The Residents of the District of Columbia. It should be obvious to anyone that, when a governing body (in this case Congress) has "exclusive" rule over a people, you have a nation. So, in America, we have a small nation, operating upon Roman Civil Law principles, within a larger nation which operates upon the principles of the Common Law, and is limited in its powers and authority by the Constitutional Contract. I could spend the rest of the day explaining the differences between Roman Civil Law and the Common Law, but instead I will enclose a tape with this letter to you, which will do that for me. Please do me the honor of listening to this tape on both sides. Many people reply, upon my inquiry about the tape I sent to them, that they are too busy to listen to it, which remark I consider somewhat insulting to me, when I have gone to the expense and trouble of getting it into their hands. As you know, the Republic called The United States, is limited in what it can do by the Constitution, and that Constitution limited its Congress to coining money out of silver or gold, and limited its borrowing power to those two commodities. The Legislative Democracy called: The United States, using the same Congress as the Republic, only for its own ends, has no limitation of any kind on what it might or might not do, since Congress, working in behalf of the Legislative Party or Democracy, has the power and authority to issue a paper currency, and to declare it to be a "legal tender" for all debt public and private. That Congress had no limitation in what it might borrow either! So the National Debt that you hear so much about, came from that Congress's power to borrow other than silver or gold, which was bank credit from the International Banking Houses. Notice and Demand for Mandatory Judicial Notice: Page 10 of 23 A Problem: What can the Bankers do? Easy solution, since their money controls the news media: keep the citizens of the Republic in the dark, get the lawyers busy, and figure ways of entrapment, so that the Citizens of the Republic would think that it was THEIR Congress that borrowed the bank credit, and that it is their problem to pay the usury on that debt. Steps of Legal Trickery follow: 1. The 14th Amendment, which is based upon Roman Civil Law, supposedly replaced the 4th Amendment, which is based upon the Common Law. That aspect of things is explained on the tape enclosed, so I won't go into it here. 2. Have the Congress of the Republic fail in its duty to provide a medium of exchange for its Citizens, thus forcing them to do their trading in the "Legal Tender" paper which the Congress of the Legislative Democracy has made available. I will skip a few other steps here, and get to the meat of the information you want, which concerns the ZIP Code issue. 3. The Congress of the Republic must be enticed to consolidate 50 independent States into 10, not so independent, Federal Regions. (What Congress creates, Congress can control, is a legal principle.) Now, the same Congress that rules the Legislative Democracy may rule the 10 Federal Regions, provided the citizens thereof can be kept asleep, and not claim their rights under the Federal and State Constitutional Contracts. 4. Have the Post Office Department separate itself from the Republic and, in its new independence, create two-letter abbreviations for all States (contrary to the lawful State abbreviations established by the Legislatures of most States) and have the Post Office Department require this new abbreviation on all subsidized mail, and suggest it on all first class mail, along with the ZIP Code. 5. Page 11 of the ZIP Code Directory, which can be found in any Post Office, will tell you that the first digit of every ZIP Code number indicates the Federal Region in which the user resides. 6. Now that the majority of the brainwashed public, belonging to the Republic, are educated to employ the two-letter abbreviations for their State, which abbreviations were never adopted by the State Legislatures as the lawful State abbreviations, those using said abbreviation are not making a lawful claim of their State residency and, with the use of the ZIP code in connection with the new two-letter State abbreviation, they are making a lawful claim that they are residents of the particular Federal Region in which they reside, so they can now be ruled under Roman Civil Law and tried in the Admiralty Courts of the Legislative Democracy. Notice and Demand for Mandatory Judicial Notice: Page 11 of 23 7. With all of that in place, the Income Tax, which is employed to pay the Usury on the National Debt owed by the Legislative Democracy, now applies to the Citizens of the Republic who fail to properly claim and establish their rights as Citizens of their respective States. 8. It is made to appear "Progressive" in our Schools to refer to America as a "Democracy", and somewhat "Reactionary" to study the State and National Constitutions in our schools. This keeps the public ignorant of the fact that the Congress of the "Republic" is limited by Contract from passing any penal statute of compelled performance upon the Citizens of any State. The Internal Revenue Code is all that type of statute, and those statutes ONLY apply to the residents of the District of Columbia (see Article 1, Section 8, Clause 17 of the U.S. Constitution) and also to all those who stupidly fail to claim their State residency and allow themselves to be given to the status of citizens of the United States (meaning the Legislative Democracy) claiming themselves to be residents of a Federal Region which is ruled over by the Democracy under Roman Civil Law. The above is all needed information if you are to understand the ZIP Code issue. I hope that I have not worn you out with my explanation, as I have done with others, who ask me questions of depth, and who only want some shallow, one-sentence reply. One other caution before I close: The ZIP Code use, or non use, is NOT a "silver bullet" solution to all problems, wherein the Legislative Democracy, called the United States, forces itself upon you. The enclosed tape will point out other solutions. To properly handle oneself in order to keep out of Legislative Article I Courts exercising Legislative Power, and into the Article III Courts of the Republic which exercise Judicial Power, is another whole study in itself. Again, let me repeat: There Are No Silver Bullets for those who claim to be too busy to study! Notice and Demand for Mandatory Judicial Notice: Page 12 of 23 Explanation of ZIP Code Address Purpose (Version 910816Z; rev. 081991) by W. C. Updegrave c/o 300 Adams Street, Esterly Reading, Pennsylvania zip code exempt (DMM 122.32) It is this writer's opinion, both as a result of study, e.g. of page 11 of the National Area ZIP Code Directory; of 26 U.S.C. 7621; of Section 4 of the Federal Register, Volume 51, Number 53, of Wednesday, March 19, 1986, Notices at pages 9571 through 9573; of Treasury Delegation Order (TDO) 150-01; of the opinion in United States v. LaSalle National Bank, 437 U.S. 298, 308, 98 S.Ct.2d 2357, 57 L.Ed.2d 221 (1978); of 12 U.S.C. 222; of 31 U.S.C. 103; and as a result of my actual experience, that a ZIP Code address is presumed to create a "Federal jurisdiction" or "market venue" or "revenue districts" that override State boundaries, taking one who uses such modes of address outside of a State venue and its constitutional protections and into an international, commercial venue involving admiralty concerns of the "United States", which is a commercial corporation domiciled in Washington, D.C. More specifically, looking at the map on page 11 of the National ZIP Code Directory, e.g. at a local post office, one will see that the first digit of a ZIP Code defines an area that includes more than one State. The first sentence of the explanatory paragraph begins: "A ZIP Code is a numerical code that identifies areas within the United States and its territories for purposes of ..." [cf. 26 CFR 1.1-1(c)]. Note the singular possessive pronoun "its", not "their", therefore carrying the implication that it relates to the "United States" as a corporation domiciled in the District of Columbia (in the singular sense), not in the sense of being the 50 States of the Union (in the plural sense). The map shows all the States of the Union, but it also shows D.C., Puerto Rico and the Virgin Islands, making the explanatory statement literally correct. Properly construed, ZIP Codes can only be applicable in Federal territories and enclaves that may be located within the 50 States of the Union, and to the "United States" and District of Columbia and its territories -- cf. Piqua Bank v. Knoup, 6 Ohio 342, 404 (1856) and U.S. v. Butler, 297 U.S. 1, 63 (1936) to the effect that "in every state there are two governments; the state and the United States." Therefore, ZIP Code addresses are for the corporate "United States" and its agents, for example, a customs and duty collector at New York harbor, when they move out into the States of the Union to perform functions delegated to the "United States" by the National/Federal Constitution, or the Pennsylvania Department of Transportation, Bureau of Motor Vehicles, or a U.S. Congressman. Notice and Demand for Mandatory Judicial Notice: Page 13 of 23 But, by propaganda, misleading information and seditious syntax, government has gotten nearly everyone in the 50 States of the Union to use ZIP modes of address, and that creates a PRESUMPTION or a PREJUDICIAL ADMISSION that one is in such a Federal venue, or that one is such a government agent. In general, it is well settled in law that Income Tax Statutes apply only to corporations and to their officers, agents, and employees acting in their official capacities, e.g. from Colonial Pipeline Co. v. Traigle, 421 U.S. 100, 44 L.Ed.2d 1, 95 S.Ct. 1538 (1975): "... However, all 'income tax statutes' apply only to state created creatures known as corporations no matter whether state, local, or federal." Since corporations act only through their officers, employees, etc., the income tax statutes reach out to them when acting in their official capacities, but not as individuals. This is the real purpose for Identifying Numbers -- cf. 26 CFR 301.6109-1(d) & (g) and 26 U.S.C. 6331(a) and 26 CFR 301.6331-1, Part 4. Use of a ZIP Code address is tantamount to the admission of being a "citizen of the United States" who does not necessarily have the protections of the first eight Amendments to the Constitution (in the Bill of Rights) when proceeded against by Federal or State authority -- Maxwell v. Dow, 176 U.S. 581, 20 S.Ct. 448 (1900), but, "All the provisions of the constitution look to an indestructible union of indestructible states", Texas v. White, 7 Wall. 700; U.S. v. Cathcart, 25 F.Case No. 14,756; In re Charge to Grand Jury, 30 F. Case No. 18,273 (65 C.J. Section 2) -- not known to be overturned. # # # Also available from the same author: "Brief of Law for ZIP Code Implications," by W. C. Updegrave, c/o 300 Adams Street Esterly, Reading, NON-DOMESTIC, Pennsylvania (11 pages plus "Appendix of Unused Data and Quotes") Notice and Demand for Mandatory Judicial Notice: Page 14 of 23 My Continuing Objection to Mail Sent with a National Area ZIP Code Mode of Address by W. C. Updegrave c/o 300 Adams Street, Esterly Reading, Pennsylvania zip code exempt (DMM 122.32) 1. In spite of my repeated demands that you correct the way in which you send mail to me, you insist and persist, over my most strenuous objections and contrary to my repeated NOTICES to you, to continue to send my mail with a National Area ZIP Code, which is both unnecessary, even by the application of Domestic Mail statutes and regulations, and is, in fact, an unlawful and fraudulent attempt to define me into an alien and foreign venue and jurisdiction that are, as a matter of fact, contrary to the Federal and State Constitutions and the case law that has developed on this issue. Briefly put, on the basis of my studies, such an address can only properly apply to Federal enclaves within the States of the Union, and perhaps to 14th Amendment citizens of the United States. For this reason alone, you are either making a mistaken or a fraudulent presumption as to my status. How would you prefer to be classified: as one who made an error? or one who has committed acts of fraud? If it is fraudulent, then you are also engaged in a conspiracy against me and mine. All such mail is reviewed without prejudice but not accepted. 2. My use of the term "without prejudice, U.C.C. 1-207" in connection with my signature on this document, or any prior document or instrument, indicates that I have exercised the remedy provided for me in the Uniform Commercial Code, Article I, Section 207, whereby I have reserved my natural and common law right not to be compelled to perform under any contract, commercial agreement, or bankruptcy that I did not enter knowingly, voluntarily and intentionally, and reserved all other Uniform Commercial Code and common law remedies. It also indicates that I do not intend to ratify any fraudulently induced contract by continued acceptance of the benefits thereof. Furthermore, it notifies all administrative agencies of government that I do not and will not accept the liability associated with the compelled benefit of any unrevealed contract, commercial agreement or bankruptcy. 3. Briefly put, Domestic Mail Manual (DMM) Section 111.2 and the copyrighted (hence, "private" and not governmental at all) NATIONAL AREA ZIP CODE DIRECTORY, page 11, both identify the term "United States" by using the third person, singular, personal pronoun "its", which relates only to the "United States" at the District of Columbia, its territories and ceded enclaves, its agents and its "citizens". In this context, the term "citizen of United States" has a very restricted definition -- cf. 26 C.F.R. 1.1-1(c) and 301.6109(g); 42 U.S.C. 1981 & 1982; 26 U.S.C. 3121(e); 26 U.S.C. 7701(a)(9) & (10); etc. It is to Notice and Demand for Mandatory Judicial Notice: Page 15 of 23 be noted that in DMM 111.2, the term "United States" is used, but none of the fifty states as the States in the Union is mentioned; therefore, the maxim expressio unius est exclusio alterius (mention of one thing implies the exclusion of others) becomes applicable. The 1789 Federal/National Constitution always makes a distinction between the "States in the Union" and the "United States", the former always being referenced in the plural, and the latter sometimes being so referenced. The "United States" has no venue or jurisdiction within unceded territories inside the "States in the Union" (e.g. see Pollard's Lessee v. Hagan, 44 U.S. (3 How.) 212, 221, 223 (1845); New Orleans v. U.S., 35 U.S. (10 Pet.) 662, 737 (1836); 4 U.S.C. 72; 48 U.S.C. Chapters 2 and 3, "The Alaska and Hawaii Omnibus Acts"; 18 U.S.C., Appendix, FRCrP Rules 1 and 54(c); etc.) except where a man or a corporation can be presumed to be a "citizen of the United States" (see 26 C.F.R. 1.1-1(a), (b) and (c)), or a "Federal citizen", or a "National citizen" (see U.S. v. Lee, 455 U.S. 252, 102 S.Ct. 1051, 71 L.Ed.2d 127 (1982), stating that National ("United States") citizenship mandates Social Security participation, but the issues of jurisdiction and venue were not raised in that case, and it was argued on narrow and inappropriate statutory grounds -- cf. the dissent in Maine v. Thiboutot, 448 U.S. 1, 65 L.Ed.2d 555, 100 S.Ct. 2502 (1980), pages 30-31 especially). "All legislation is prima facie territorial." [American Banana Co. v. United Fruit Co.] [213 U.S. 347, 356-357 (1909)] "Legislation is presumptively territorial and confined to limits over which the law-making power has jurisdiction." [New York Central R.R. Co. v. Chisholm] [268 U.S. 29, 31-32 (1925)] ... [T]he "canon of construction which teaches that legislation of Congress, unless a contrary intent appears, is meant to apply only within the territorial jurisdiction of the United States ...." [U.S. v. Spelar, 338 U.S. 217, 222] [70 S.Ct. 10 (1949)] 4. Without getting into the several definitions of the term "citizen", which the courts generally construe to mean a mere civil status for one who is politically involved, McCafferty v. Guyer, 59 Pa. 109, 126-127 (Agnew dissent), etc., but sometimes the term is limited to a representative of a city in Parliament, or one who is involved in the conduct and policy making of a civil government, the following is certain authority on the subject for those who are in that category. Persons who are "citizens of the United States" do not necessarily have all Notice and Demand for Mandatory Judicial Notice: Page 16 of 23 the protections of the first eight amendments to the U.S. Constitution when proceeded against by federal and state authorities (e.g., see Maxwell v. Dow, 176 U.S. 581, 20 S.Ct. 448 (1900)). One of the elements that can lead to such presumptions, by inference, is the acceptance of mail with a ZIP code mode of address. In Hooven & Allison v. Evatt, 324 U.S. 652, 671-672 (1945), the U.S. supreme Court has ruled that there are three recognized meanings for the term "United States", to wit: The term "United States" may be used in any one of several senses. It may be merely the name of a sovereign occupying the position analogous to that of other sovereigns in the family of nations. It may designate the territory over which the sovereignty of the United States extends, or it may be the collective name of the states which are united by and under the Constitution./6 _______________ 6. See Langdell, "The Status of our New Territories," 12 Harvard Law Review 365, 371; see also Thayer, "Our New Possessions," 12 Harvard Law Review 464; Thayer, "The Insular Tariff Cases in the Supreme Court," 15 Harvard Law Review 164; Littlefield, "The Insular Cases," 15 Harvard Law Review 169, 281. But, those three meanings are simply evidence of the word games that the courts, legislatures and bureaucrats have played with the minds and rights of the freemen in this country. See also the clear admission in Ex Parte Knowles, 5 Cal. 300 (1855). 5. The map on page 11 of the ZIP CODE DIRECTORY indicates that ZIP code denominators combine more than one of the States of the Union, hence they define a special venue related to revenue districts established, for example, by 26 U.S.C. 7621(a) and (b), and those are the only legitimate purposes for such a mode of address. For instance, the ZIP codes that denominate certain areas in the States of New York and Pennsylvania all use a five- digit ZIP code, the first numeral of which begins with a "1", e.g. "19600". On page 15, ibid., a list is given of state abbreviations with two capital letters, to be used in conjunction with ZIP codes. 6. Contrary to popular belief, "citizenship of the United States" arises from the so-called 14th Amendment, and did not exist before that fraudulent enactment was foisted on the unsuspecting free men (see Utah v. Phillips, 540 P.2d 936 (1975); Dyett v. Turner, 439 P.2d 266, 272 (1968); Adamson v. California, 332 U.S. 46 et seq. (1947); Ex Parte Knowles, 5 Cal. 300 (1855); Van Valkenberg v. Brown, 43 Cal. 43, 47 (1872); U.S. v. Anthony, 24 Fed. Case No. 14,459 at 830 (1873); Cory et al. v. Carter, 48 Ind. 327, 349-350, 17 Am. Rep. 738 (1874); Sharon v. Hill, 26 Fed. Reporter 337 at 343-344; State v. Manuel, 20 N.C. 144, 152; Arver v. U.S., 245 U.S. 366, 388-89 (1917); Hague v. C.I.O., 307 U.S. 496, 509 (1938)). In fact, such statutory provisions as 42 U.S.C. 1981 and 1982, now Notice and Demand for Mandatory Judicial Notice: Page 17 of 23 codified in the same title of the U.S. Codes as the Social Security Act (so called), still clearly make a distinction between "citizen of the United States" and "white state citizen". It is also clear from various other authorities that there is a distinction between state citizenship for whites and 14th Amendment citizenship of the United States, since even such a distinction can be drawn from the language of the infamous 14th Amendment itself. In Cory v. Carter, supra, quoting and basing its analysis on the opinion in the Slaughter House Cases, 16 Wall. 36, the court, with respect to the First Section, said: "... [I]t overturns the Dred Scott decision by making all persons born within the United States and subject to its jurisdiction citizens of the United States. That its main purpose was to establish the citizenship of the negro can admit of no doubt." ... It recognizes and establishes a "distinction between citizenship of the United States and citizenship of a State." [emphasis added] However, with reference to the second clause, that same opinion continues: This clause does not refer to citizens of the States. It embraces only citizens of the United States. It leaves out the words "citizen of the State," which is so carefully used, and used in contradistinction to citizens of the United States, in the preceding sentence. It places the privileges and immunities of citizens of the United States under the protection of the Federal Constitution, and leaves the privileges and immunities of citizens of a State under the protection of the State constitution. This is fully shown by the recent decision of the Supreme Court of the United States in the Slaughter-House Cases, 16 Wall. 36. [emphasis added] 7. There are lots of reasons to believe, e.g. by an examination of 42 U.S.C. 1982 (which distinguishes between "citizens of the United States" and "white state citizens"), that Taney's dicta in the Dred Scott case was not really overturned by the 14th Amendment, and lots of authorities to show that it was never validly adopted or ratified and that, in fact, the 14th Amendment did not repeal any part of the original 1789 Constitution for the United States of America. Therefore, please state concisely, with supporting points, rationale and authority: What are the underlying presumptions by which you send me mail using such a mode of address? Notice and Demand for Mandatory Judicial Notice: Page 18 of 23 Recorded Delivery #A 004 341 049 Return Receipt Requested c/o General Delivery San Rafael California state zip code exempt (DMM 122.32) November 14, 1992 Disclosure Officer Internal Revenue Service Agents of Foreign Principals c/o P. O. Box 2900 Sacramento, California Subject: NOTICE and DEMAND Dear Disclosure Officer: I am writing this NOTICE and DEMAND letter as a courtesy to inform you that I have refused a letter from your office which was deposited today in USPS Post Office Box xxxx, San Rafael, California. This letter was refused and rejected, unopened, with written instructions to RETURN TO SENDER as shown at the upper left corner of the envelope. Evidently, you have chosen to ignore the mailing instructions which are clearly stated on page 2 of my Freedom of Information Act request, dated October 23, 1992 (a copy of which is attached, for your information). I have highlighted the mailing location which you must use in order to correspond with me in writing. I am forced to conclude, therefore, that your deliberate refusal to follow these simple and reasonable mailing instructions is evidence of your bad faith in this matter and constitutes proof of your failure to comply with all stated requirements of my lawful FOIA request. You are hereby warned that you are under the legal obligation of good faith, and that bad faith on your part is synonymous with fraud. Please also be advised that I will be happy to receive (but not accept) mail from you, provided that it conforms to the requirements as stated in my Freedom of Information Act request. These requirements must be met by your use of the proper mailing destination on envelopes and on all correspondence and other documents enclosed within mailing envelopes. Finally, I hereby demand written confirmation from you that the receipt and use of envelopes and their contents with ZIP codes and/or two-letter federal abbreviations (e.g., "CA") does NOT grant jurisdiction over State Citizens to the Internal Revenue Service, the "United States" or any of its agencies, assigns or instrumentalities. Notice and Demand for Mandatory Judicial Notice: Page 19 of 23 This written confirmation must be signed in pen and ink by you, with your true and correct name/identification (not an alias), under penalties of perjury, as required of you by 26 U.S.C. 6065. I am making this demand because I am a California State Citizen (see 1:2:3, 4:2:1 and 3:2:1 in the Constitution for the United States of America). I am not a "citizen of the United States". You are expected to know the Law in this California Republic which has been interpreted by the California Supreme Court as follows: A citizen of any one of the States of the union, is held to be, and called a citizen of the United States, although technically and abstractly there is no such thing. To conceive a citizen of the United States who is not a citizen of some one of the States, is totally foreign to the idea, and inconsistent with the proper construction and common understanding of the expression as used in the Constitution, which must be deduced from its various other provisions. The object then to be attained, by the exercise of the power of naturalization, was to make citizens of the respective States. [Ex Parte Knowles, 5 Cal. 300 (1855)] [emphasis added] Please be advised that any attempts to trick, entice, coerce, inveigle, ensnare or cajole me into accepting, under the Uniform Commercial Code, any mail addressed in any manner other than that specified in my original FOIA, in an unlawful attempt on your part to grant jurisdiction over me to some arbitrary federal district, will be further evidence of bad faith for which you may be sued, in the event that you attempt to do anything on the basis of such incorrectly addressed mail or correspondence. Thank you in advance for your good faith, your consideration, and your cooperation in this matter. Sincerely yours, /s/ John E. Trumane John E. Trumane Sovereign California Citizen All Rights Reserved Without Prejudice enclosure: true and correct copy of Freedom of Information Act request, dated 10/23/92 Notice and Demand for Mandatory Judicial Notice: Page 20 of 23 Certified Mail #P 840 292 047 Return Receipt Requested c/o General Delivery San Rafael California state October 23, 1992 Mr. Raymond A. Spillman District Director Internal Revenue Service P. O. Box 2900 Sacramento, California Re: Freedom of Information Act Request Dear Mr. Spillman: This is a request under the Freedom of Information Act, and my formal written response to your letter to me, dated September 24, 1992, a copy of which is attached for your information. Without dishonor, I hereby request that you provide me with true and correct copies of the following: (1) all documents on which you based your presumptive determination that I am a "United States citizen" or a "citizen of the United States"; (2) all documents on which you based your presumptive determination that I am "subject" to any provisions of the Internal Revenue Code (IRC) and its regulations; (3) all documents on which you based your presumptive determination that I am an "individual" as that term is used in Part I, Section 1 of the IRC; (4) all documents on which you based your presumptive determination that I am one of the "individuals" described in paragraphs 1, 2 and 3 of your letter; (5) all documents on which you based your presumptive determination that I am a "person liable" for any taxes imposed by the IRC and its regulations; (6) all documents on which you based your presumptive determination that I am a "person required" to make and file a return; (7) all documents on which you based your presumptive determination that I am now receiving, or have in the past received, "taxable income"; (8) all documents on which you based your presumptive determination that I am a "taxpayer" as that term is defined in the IRC; (9) your identification and evidence of your authority to make and present presumptive determinations about me, such as those contained in your attached letter dated "SEP 24 1992", per U.C.C. Section 3-505. Notice and Demand for Mandatory Judicial Notice: Page 21 of 23 You are hereby placed on actual notice that I explicitly reserve my right to rebut any and all factual presumptions which you have made in support of your letter to me. In your letter, you stated that you "will not respond to future letters concerning these same issues". I must remind you that the Freedom of Information Act (5 U.S.C. 552(a) et seq.) does not give you any choice in this matter. The law mandates that you supply me with the information requested. The documents which I am requesting are not exempted from disclosure. I am willing to pay fees for this request up to a maximum of $20. If you estimate that the fees will exceed this limit, please inform me first by writing to me, care of the mailing location described below. I fully expect and demand a response to this request within the statutory time limits, as set forth in 5 U.S.C. 552(a)(6)(A)(i). Please send your timely, written response, signed in pen and ink, to the following location: John E. Trumane c/o General Delivery San Rafael, California state NON-DOMESTIC zip code exempt Thank you very much for your kind and earnest consideration of this request, and for your due diligence in providing the documents itemized above. Sincerely yours, /s/ John E. Trumane John E. Trumane with explicit reservation of all my unalienable rights and without prejudice to any of my unalienable rights attachment: copy of your letter to me dated "SEP 24 1992" Notice and Demand for Mandatory Judicial Notice: Page 22 of 23 PROOF OF SERVICE I, William Michael, Kemp, Sui Juris, hereby certify, under penalty of perjury, under the laws of the United States of America, without the "United States," that I am at least 18 years of age, a Citizen of one of the United States of America, and that I personally served the following document(s): NOTICE AND DEMAND FOR MANDATORY JUDICIAL NOTICE: Rule 201(d), Federal Rules of Evidence; Full Faith and Credit Clause; P.L. 91-375, Section 403 by placing one true and correct copy of said document(s) in first class U.S. Mail, with postage prepaid and properly addressed to the following: James E. Hedgspeth, Jr. Clerk of Court Etowah County Offices Circuit Court of Etowah County c/o 800 Forrest Avenue c/o 800 Forrest Avenue Gadsden [zip code exempt] Gadsden [zip code exempt] ALABAMA STATE ALABAMA STATE Solicitor General Clerk of Court Department of Justice Alabama Court of Criminal Appeals 10th and Constitution, N.W. c/o P.O. Box 301555 Washington [zip code exempt] Montgomery [zip code exempt] DISTRICT OF COLUMBIA ALABAMA STATE Attorney General Clerk of Court Department of Justice District Court of the United States 10th and Constitution, N.W. c/o 1729 Fifth Avenue North Washington [zip code exempt] Birmingham [zip code exempt] DISTRICT OF COLUMBIA ALABAMA STATE Chief Judge William H. Rehnquist, C.J. 11th Circuit Court of Appeals Supreme Court of the United States c/o 56 Forsyth Street, N.W. 1 First Street, N.E. Atlanta [zip code exempt] Washington [zip code exempt] GEORGIA STATE DISTRICT OF COLUMBIA Executed on ____________________________________ /s/ Mike Kemp William Michael, Kemp, Sui Juris Citizen of Alabama state Notice and Demand for Mandatory Judicial Notice: Page 23 of 23 # # #
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Alabama v. Kemp