Why the Emergency Statutes of the State should not be terminated, along with the War and Emergency Powers of the United States.

FINDINGS OF FACT, CONCLUSIONS

AND RECOMMENDATIONS OF THE MICHIGAN PEOPLE'S ASSEMBLY AND GRAND JURY

ACTING UNDER THE LAW OF NECESSITY

The Michigan People's Assembly and Grand Jury hereby gives "Judicial Notice" of their absolute and inherent authority, and basis for making a Finding of Facts and Conclusion of Law.

It is the intent of the Michigan People's Assembly and Grand Jury to:

re-establish Michigan as a Sovereign, de jure State of the Freely Associated Compact States for the United States of America (entering the Union on the same footing as the original 13 States), as set forth within the Constitution of 1787 and the Preamble of the Enabling Act for the State of Michigan in 1837.

FIRST AUTHORITY AND BASIS

The Declaration of Independence of July 4, 1776, which states in part:

"We hold these truths to be self-evident, that all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness.  That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness . . ."

SECOND AUTHORITY AND BASIS

The organic Constitution and the Bill of Rights.

AMENDMENT I

Congress shall make no law respecting . . .  the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

and further, The Constitution of the State of Michigan, Article II, Section 1, which states:

Section 1. All political power is inherent in the people. Government is instituted for their equal benefit, security and protection.

Michigan Constitution (1909) - Article II, Declaration of Rights

AMENDMENT X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

THIRD AUTHORITY AND BASIS

The Kentucky Resolution which states:

"Resolved that the several States composing the United States of America, are not united on the principles of unlimited submission to their general government; but that by Compact under the style and title of a Constitution for the United States and of amendments thereto, they constituted a general government for special purposes, delegated to that government certain definite powers, reserving to each State to itself the residuary mass of right to their own self-government; and that whensoever the general government assumes undelegated powers, its acts are unauthoritative, void, and of no force; that to this Compact each State acceded as a State and is an integral party, its co-states forming as to itself the other party; that the government  created by this Compact was not made the exclusive or final judge of the extent of the power delegated to itself since that would have made ITS discretion, and not the Constitution, the measure of its power; but that as in all other cases of Compact among parties having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress."

FOURTH AUTHORITY AND BASIS

Complaint filed and served upon President Bill Clinton, and Janet Reno, and published in the Washington Times.

COMPLAINT

People in and for the United States of America ex rel., hereby declare that there has been gross usurpation of Our National Constitution and Bill of Rights, under pretense of a continuing crisis of War and Emergency conditions, that have existed since the Civil War and continues to exist in times of peace to the present time.

Senate report 93-549 says, "Since March 9, 1933, the United States has been in a declared state of National Emergency."  Title 12 U.S.C. 95(b) says that every order issued by the President since March 4, 1933, or any order issued in the future is automatically approved and confirmed.  These powers being conferred under the Authority of the Act of October 6, 1917, as amended March 9, 1933 are strictly a War Power.  (See Stoehr vs. Wallace)

This vast range of powers, taken together, confers enough authority to rule the country without reference to normal constitutional process.

Wherefore, the People in and for the United States of America, hereby demand that the President (Bill Clinton) and the Attorney General (Janet Reno), show cause within 60 days, why these unlawful powers being perpetrated against the American People should not be terminated, and if they should fail to show cause, then Our court with Original Jurisdiction is to issue a Declaratory Judgment in favor of the American People, and any and all further remedy it finds proper, against the above named defendant(s).

Dated this 28 day of March 1995

The Michigan People's Assembly and Grand Jury having convened on December 16th and 17th, 1995, at Lansing, Michigan, and having heard testimony from Dr. Eugene Schroder, Senator Charles Duke and Kevin Tebedo; and having made an examination of United States Government's and Michigan's own certified documents, as evidenced by Exhibits "1" through "3" and "A" through "E-2"  finds as follows:

FIFTH AUTHORITY AND BASIS

The Ordinance of July 13 1787, ordained by the United States in Congress Assembled, which states, in part:

I.  FINDINGS OF FACT

1)  That on October 6, 1917, during World War I, Congress passed what is commonly known as the "Trading With The Enemy Act", to wit:

"Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act shall be known as the 'Trading with the enemy Act'.

  "Sec. 2.  That the word 'enemy,; as used herein, shall be deemed to mean, for the purposes of such trading and of this Act--

  "(a) Any individual, partnership, or other body of individuals, of any nationality, resident within the territory (including that occupied by the military and naval forces) of any nation with which the United States is at war, or resident outside the United States and doing business within such territory, and any corporation incorporated within such territory of any nation with which the United States is at war or incorporated within any country other than the United States and doing business within such territory.

  "(b) The government of any nation with which the United States is at war, or any political or municipal subdivision thereof, or any officer, official, agent, or agency thereof.

  "(c) Such other individuals, or body or class of individuals, as may be natives, citizens, or subjects of any nation with which the United States is at war, other than citizens of the United States, wherever resident or wherever doing business, as the President, if he shall find the safety of the United States or the successful prosecution of the war shall so require, may, by proclamation, include within the term 'enemy'."

  Section 5. (b) "That the President may investigate, regulate, or prohibit, under such rules and regulations as he may prescribe, by means of licenses or otherwise, any transactions in foreign exchange, export or earmarking of gold or silver coin or bullion or currency, transfers of credit in any form (other than credits relating solely to transactions to be executed wholly within the United States);"

The Michigan People's Assembly and Grand Jury finds that "citizens of the United States and their transactions" were exempted from this Act.

FINDING OF FACT

2)  That on March 4, 1933 President Roosevelt, in his inaugural address to the nation stated:

I am prepared under my constitutional duty to recommend the measures that a stricken Nation in the midst of a stricken world may require.  These measures, or such other measures as the Congress  may build out of its experience and wisdom, I shall seek, within my constitutional authority, to bring to speedy adoption.

  But in the event that the Congress shall fail to take one of these two courses, and in the event that the national emergency is still critical, I shall not evade the clear course of duty that will then confront me.  I shall ask the Congress for the one remaining instrument to meet the crisis -- broad Executive power to wage a war against the emergency, as great as the power that would be given to me if we were in fact invaded by a foreign foe.

The Michigan People's Assembly and Grand Jury finds that President Roosevelt was asking for "broad Executive power to wage a war against the emergency, as great as the power that would be given to me if we were in fact invaded by a foreign foe."

and further find:

that the United States was not being invaded by a foreign foe nor was the country in a state of rebellion.

FINDING OF FACT

3)  That on March 5, 1933 President Roosevelt asked for a special and extraordinary session of Congress in Proclamation 2038.  He called for the special session of Congress to meet on March the 9th at noon.

A PROCLAMATION

  Whereas public interests require that the Congress of the United States should be convened in extra session at twelve o'clock, noon, on the Ninth day of March, 1933, to receive such communications as may be made by the Executive;

  Now, Therefore, I, Franklin D. Roosevelt, President of the United States of America, do hereby proclaim and declare that an extraordinary occasion requires the Congress of the United States to convene in extra session at the Capitol in the City of Washington on the Ninth day of March, 1933 at twelve o'clock, noon, of which all persons who shall at that time be entitled to act as members thereof are hereby required to take notice.

  In witness whereof, I have hereunto set my hand and caused to be affixed the great seal of the United States.

  Done at the City of Washington this Fifth day of March, in the year of our Lord One Thousand Nine Hundred and Thirty-three, and of the Independence of the United States the One Hundred and Fifty-seventh.

FRANKLIN D ROOSEVELT

By the President:

  Cordell Hull

  Secretary of State

[No. 2038]

FINDING OF FACT

4)  On March 6 the president called for a governors conference.  In this conference the governors passed a resolution pledging support for the president in his call for emergency war powers.

RESOLUTION PROPOSED BY GOVERNOR WHITE

Resolved, That we look approvingly upon the President's plan for better land utilization, as presented to us this morning, not only as a measure for  the conservation of the Nation's natural resources but also as an effective step toward the relief of unemployment; and that we severally pledge ourselves to use our best efforts to ascertain, through proper surveys, the acreage that might be made available for such a program in our respective States.

RESOLUTION PROPOSED BY GOVERNOR EHRINGHAUS

That this Conference desires to express its confidence in the leadership of the President and its desire that he be granted immediately by the Congress such broad powers as may be necessary to enable the Executive to meet the present challenging emergency and we, as Governors of the several States here assembled, hereby pledge to him our wholehearted and sincere cooperation and support in his efforts to rehabilitate the Nation and end the present terrible depression.

RESOLUTION PROPOSED BY GOVERNOR COMSTOCK

That this Conference endorse the substitution of work-relief for direct relief as expeditiously as possible.

That the Federal Government finance State work-relief programs under State administration.

Roosevelt Papers Vol. 2, p. 23-24

FINDING OF FACT

5)  Immediately following the governors pledge of support on that same day March 6, 1933 the president issued proclamation #2039.

[Bank Holiday, March 6-9, 1933, Inclusive]

By The President Of

The United States Of America

A PROCLAMATION

  Whereas there have been heavy and unwarranted withdrawals of gold and currency from our banking institutions for the purpose of hoarding; and

  Whereas continuous and increasingly extensive speculative activity abroad in foreign exchange has resulted in severe drains on the Nation's stocks of gold; and

  Whereas these conditions have created a national emergency; and

  Whereas it is in the best interests of all bank depositors that a period of respite be provided with a view to preventing further hoarding of coin, bullion or currency or speculation in foreign exchange and permitting the application of appropriate measures to protect the interests of our people; and

  Whereas it is provided in Section 5(b) of the Act of October 6, 1917, (40 Stat. L. 411) as amended, "That the President may investigate, regulate, or prohibit, under such rules and regulations as he may prescribe, by means of licenses or otherwise, any transactions in foreign exchange and the export, hoarding, melting, or earmarkings of gold or silver coin or bullion or currency ***"; and

  Whereas it is provided in Section 16 of the said Act "that whoever shall willfully violate any of the provisions of this Act or of any license, rule, or regulation issued thereunder, and whoever shall willfully violate, neglect, or refuse to comply with any order of the President issued in compliance with the provisions of this Act, shall, upon conviction, be fined not more that $10,000, or, if a natural person, imprisoned for not more than ten years or both; ***";

  Now, therefore, I, Franklin D. Roosevelt, President of the United States of America, in view of such national emergency and by virtue of the authority vested in me by said Act and in order to prevent the export, hoarding, or earmarking of gold or silver coin or bullion or currency, do hereby proclaim, order, direct and declare that from Monday, the sixth day of March, to Thursday, the ninth day of March, Nineteen Hundred and Thirty Three, both dates inclusive, there shall be maintained and observed by all banking institutions and all branches thereof located in the United States of America, including the territories and insular possessions, a bank holiday, and that during said period all banking transactions shall be suspended.  During such holiday, excepting as hereinafter provided, no such banking institution or branch shall pay out, export, earmark, or permit the withdrawal or transfer in any manner or by any device whatsoever, of any gold or silver coin or bullion or currency or take any other action which might facilitate the hoarding thereof; nor shall any such banking institution or branch pay out deposits, make loans or discounts, deal in foreign exchange, transfer credits from the United States to any place abroad, or transact any other banking business whatsoever.

  During such holiday, the Secretary of the Treasury, with the approval of the President and under such regulations as he may prescribe, is authorized and empowered (a) to permit any or all of such banking institutions to perform any or all of the usual banking  functions, (b) to direct, require or permit the issuance of clearing house certificates or other evidences of claims against assets of banking institutions, and (c) to authorize and direct the creation in such banking institutions of special trust accounts for the receipt of new deposits which shall be subject to withdrawal on demand without any restriction or limitation and shall be kept separately in cash or on deposit in Federal Reserve Banks or invested in obligations of the United States.

  As used in this order the term "banking institutions" shall include all Federal Reserve banks, national banking associations, banks, trust companies, savings banks, building and loan associations, credit unions, or other corporations, partnerships, associations or persons, engaged in the business of receiving deposits, making loans, discounting business paper, or transacting any other form of banking business.

  In Witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.

  Done in the City of Washington this 6th day of March - 1 a.m. in the year of our Lord One Thousand Nine Hundred and Thirty-three, and of the Independence of the United States the One Hundred and Fifty-seventh.

  FRANKLIN D ROOSEVELT

By the President:

  Cordell Hull

  Secretary of State.

[No. 2039]

The Michigan People's Assembly and Grand Jury finds that the Proclamation/ Executive Order 2039 made on March 6, 1933 is strikingly similar to the one made on March 3 and 4 by the Federal Reserve Board (See Exhibit 30 and 31) which implied that the citizens of the United States and their transactions would not be effected . . . i.e. would not be considered enemies of the United States.

The Michigan People's Assembly and Grand Jury  further finds that the Proclamation/ Executive Order 2039 was worded in such a manner as to deliberately mislead Congress and the Senate in order to secure their support for the measure, knowing full well that Congress and the Senate would not approve the measure if they knew that the  people's transactions were to be effected and the people were to be declared the same as the enemy.

FINDING OF FACT

6)  That on March 9, 1933 President Roosevelt issued Executive order 2040, which states:

A PROCLAMATION

  Whereas, on March 6, 1933, I, FRANKLIN D. ROOSEVELT, President of the United States of America, by Proclamation declared the existence of a national emergency and proclaimed a bank holiday extending from Monday the 6th day of March to Thursday the 9th day of March, 1933, both dates inclusive, in order to prevent the export, hoarding or earmarking of gold or silver coin, or bullion or currency, or speculation in foreign exchange; and

  Whereas, under the Act of March 9, 1933, all Proclamations heretofore or hereafter issued by the President pursuant to the authority conferred by section 5(b) of the Act of October 6, 1917, as amended, are approved and confirmed; and

  Whereas, said national emergency still continues, and it is necessary to take further measures extending beyond March 9, 1933, in order to accomplish such purposes:

  Now, therefore, I, Franklin D. Roosevelt, President of the United States of America, in view of such continuing national emergency and by virtue of the authority vested in me by Section 5(b) of the Act of October 6, 1917 (40 Stat. L., 411) as amended by the Act of March 9, 1933, do hereby proclaim, order, direct and declare that all the terms and provisions of said Proclamation of March 6, 1933, and the regulations and orders issued thereunder are hereby continued in full force and effect until further proclamation by the President.

  In witness whereof I have hereunto set my hand and have caused the seal of the United States to be affixed.

  Done in the District of Columbia, this 9th day of March, in the Year of our Lord One Thousand Nine Hundred and Thirty-three, and of the Independence of the United States the One Hundredth and Fifty-seventh.

  FRANKLIN D ROOSEVELT

By the President:

  Cordell Hull

  Secretary of State.

[No. 2040]

The Michigan People's Assembly and Grand Jury finds that the real purpose of Executive Order 2040 on March 9, 1933 was to set in concrete the Executive Order 2039 of March 6, 1933, which was obtained without Congress and the Senate knowing the full intent of the President and the Federal Reserve Board.  The intent was to place the American people and their transactions in the same category as the "enemies."

We now look at Title I of the Act of March 9, 1933, Section 2 to find the amended version of the Act.

AN ACT

To provide relief in the existing national emergency in banking, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Congress hereby declares that a serious emergency exists and that it is imperatively necessary speedily to put into effect remedies of uniform national application.

TITLE I

  Section 1.  The actions, regulations, rules, licenses, orders and proclamations heretofore or hereafter taken, promulgated, made, or issued by the President of the United States or the Secretary of the Treasury since March 4, 1933, pursuant to the authority conferred by subdivision (b) of section 5 of the Act of October 6, 1917, as amended, are hereby approved and confirmed.

  Sec. 2. Subdivision (b) of section 5 of the Act of October 6, 1917 (40 Stat. L. 411), as amended, is hereby amended to read as follows:

  "(b) During time of war or during any other period of national emergency declared by the President, the President may, through any agency that he may designate, or otherwise, investigate, regulate, or prohibit, under such rules and regulations as he may prescribe, by means of licenses or otherwise, any transactions in foreign exchange, transfers of credit between or payments by banking institutions as defined by the President, and export, hoarding, melting, or earmarking of gold or  silver coin or bullion or currency, by any person within the United States or any place subject to the jurisdiction thereof; ..."

From the amended version of Title I, as shown above we find it critical to understand the following:

. . . "by any person within the United States or any place subject to the jurisdiction thereof; . . ."

To further prove our point that Congress was deceived "not knowing the full intent of the President and the Federal Reserve Board, we quote from Congressional Record of March 9, 1933, and Congressman Mr. McFadden states:

Mr. McFadden.  "Mr. Speaker, I regret that the membership of the House has had no opportunity to consider or even read this bill.  The first opportunity I had to know what this legislation is was when it was read from the Clerk's desk.  It is an important banking bill.  It is a dictatorship over finance in the United States."

The Michigan People's Assembly and Grand Jury finds that the Act of March 9, 1933, under Title IV, provided for the issuance of the new emergency currency (See Exhibit 37) taken from Title IV, which stated in part:

  "Upon the deposit with the Treasurer of the United States, (a) of any direct obligations of the United States or (b) of any notes, drafts, bills of exchange, or bankers' acceptances acquired under the provisions of this Act, any Federal reserve bank making such deposit in the manner prescribed by the Secretary of the Treasury shall be entitled to receive from the Comptroller of the currency circulating notes in blank, duly registered and countersigned."

This says (emphasis ours): "Upon the deposit with the Treasurer of the United States, (a) of any direct obligation of the United States . . ." (a) is a direct obligation of the United States; it is a treasury note, which is an obligation upon We, the People, to perform.  It is a taxpayer obligation.

Title IV goes on: "or (b) of any notes, drafts, bills of exchange or bankers' acceptances . . ."  When you go to the bank and sign a note on your home, that's a note.  A note is a private obligation upon We, the People.  If the Federal Reserve Bank deposits either (a) public and/or (b) private obligations of We, the People, with the Treasury, the Comptroller of the currency will issue this circulating note endorsed in blank, duly registered and countersigned, an emergency currency based on the (a) public and/or (b) private obligations of the people of the United States.

In the Congressional Record of March 9, 1933 (Exhibit 38), we find evidence that our congressmen didn't have individual copies of the bill to read, on which they were about vote.  A copy of the bill was passed around for approximately 40 minutes.

Congressman McFadden made the comment:

  "Mr. Speaker, I regret that the membership of the House has had no opportunity to consider or even read this bill.  The first opportunity I had to know what this legislation is, was when it was read from the clerk's desk.  It is an important banking bill.  It is a dictatorship over finance in the United States.  It is complete control over the banking system in the United States . . .  It is difficult under the circumstances to discuss this bill.  The first section of the bill, as I grasped it, is practically the war powers that were given back in 1917."

Congressman McFadden later states:

  "I would like to ask the chairman of the committee if this is a plan to change the holding of the security back of the Federal Reserve notes to the Treasury of the United States rather than the Federal Reserve agent."

Prior to 1933, the Federal Reserve bank held our gold as security, in return for Federal Reserve gold notes which we could redeem at any time we wanted.  Now, however, Congressman McFadden is asking if this proposed bill is a plan to change who's going to hold the security, from the Federal Reserve to the Treasury.

Chairman Steagall's response to Congressman McFadden's question, again from the Congressional Record:

  "This provision is for the issuance of Federal Reserve bank notes; and not for Federal Reserve notes; and the security back of it is the obligations, notes, drafts, bills of exchange, bank acceptances, outlined in the section to which the gentleman has referred."

Taken from "Roosevelt's Papers", Volume 3, page 42

Although under existing law there is authority, by executive act, to take title to the gold in the possession or control of the Reserve Banks, this is a step of such importance that I prefer to ask the Congress by specific enactment to vest in the United States Government title to all supplies of American-owned monetary gold, with provision for the payment therefor in gold certificates.  These gold certificates will be, as now, secured at all times dollar for dollar by gold in the Treasury -- gold for each dollar of such weight and fineness as may be established from time to time.

Such legislation places the right, title and ownership to our gold reserves in the Government itself; it makes clear the Government's ownership of any added dollar value of the country's stock of gold which would result from any decrease of the gold content of the dollar which may be made in the public interest.  It would also, of course, with equal justice, cast upon the Government the loss of such dollar value if the public interest in the future should require an increase in the amount of gold designated as a dollar.

The title to all gold being in the Government, the total stock will serve as a permanent and fixed metallic reserve which will change in amount only so far as necessary for the settlement of international balances or as may be required by a future agreement among the Nations of the world for a redistribution of the world stock of monetary gold.

Our gold was seized, the people were penniless, and now our money would be secured, not by gold, but by notes and obligations on which the People were the collateral security.

AN ACT

To protect the currency system of the United States, to provide for the better use of the monetary gold stock of the United States, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the short title of this Act shall be the "Gold Reserve Act of 1934."

Sec. 2. (a)  Upon the approval of this Act all right, title, and interest, and every claim of the Federal Reserve Board, of every Federal Reserve bank, and of every Federal Reserve agent, in and to any and all gold coin and gold bullion shall pass to and are hereby vested in the United States; and in payment therefor credits in equivalent amounts in dollars are hereby established in the Treasury in the accounts authorized under the sixteenth paragraph of section 16 of the Federal Reserve Act, as heretofore and by this Act amended (U.S.C., title 12, sec. 467).  Balances in such accounts shall be payable in gold certificates, which shall be in such form and in such denominations as the Secretary of the Treasury may determine.  All gold so transferred, not in the possession of the United States, shall be held in custody for the United States and delivered upon the order of the Secretary of the Treasury; and the Federal Reserve Board, the Federal Reserve banks, and the Federal Reserve agents shall give such instructions and shall take such action as may be necessary to assure that such gold shall be so held and delivered.

Sec. 3.  The Secretary of the Treasury shall, by regulations issued hereunder, with the approval of the President, prescribe the conditions under which gold may be acquired and held, transported, melted or treated, imported, exported, or earmarked: (a) for industrial, professional, and artistic use; (b) by the Federal  Reserve banks for the purpose of settling international balances; and, (c) for such other purposes as in his judgment are not inconsistent with the purposes of this Act.  Gold in any form may be acquired, transported, melted or treated, imported, exported, or earmarked or held in custody for foreign or domestic account (except on behalf of the United States) only to the extent permitted by, and subject to the conditions prescribed in, or pursuant to, such regulations.  Such regulations may exempt from the provisions of this section, in whole or in part, gold situated in the Philippine Islands or other places beyond the limits of the continental United States.

Sec. 4.  Any gold withheld, acquired, transported, melted or treated, imported, exported, or earmarked or held in custody, in violation of this Act or of any regulations issued hereunder, or licenses issued pursuant thereto, shall be forfeited to the United States, and may be seized and condemned by like proceedings as those provided by law for the forfeiture, seizure, and condemnation of property imported into the United States contrary to law; and in addition any person failing to comply with the provisions of this Act or of any such regulations or licenses, shall be subject to a penalty equal to twice the value of the gold in respect of which such failure occurred.

(2)  So much of the third sentence of the second paragraph as precedes the proviso is amended to read as follows: "The collateral security thus offered shall be notes, drafts, bills of exchange, or acceptances acquired under the provisions of section 13 of this Act, or bills of exchange endorsed by a member bank of any Federal Reserve district and purchased under the provisions of section 14 of this Act, or bankers' acceptances purchased under the provisions of said section 14, or gold certificates:"

Sec. 6.  Except to the extent permitted in regulations which may be issued hereunder by the Secretary of the Treasury with the approval of the President, no currency of the United States shall be redeemed in gold:

Sec. 13.  All actions, regulations, rules, orders, and proclamations heretofore taken, promulgated, made or issued by the President of the United States or the Secretary of the Treasury, under the Act of March 9, 1933, or under section 43 or section 45 of title III of the Act of May 12, 1933, are hereby approved, ratified and confirmed.

Congress McFadden then questioned:

  "Then the new circulation is to be Federal Reserve bank notes and not Federal Reserve notes.  Is that true?"

Mr. Steagall replied:

  "Insofar as the provisions of this section are concerned, yes."

We, The Michigan People's Assembly and Grand Jury further find that the people are treated as chattel.  The protection of our unalienable rights were suspended along with adherence to certain provisions of the Constitution.  We became chattel property, in the view of the corporate government; our transactions and obligations became the collateral for the issuance of Federal Reserve bank notes.

Congressman Patman, speaking from the Congressional Record (Exhibit 40):

  "The money will be worth 100 cents on the dollar because it is backed by the credit of the Nation.  It will represent a mortgage on all the homes and other property of all the people in the Nation."

The new money or credit became available only after the people became the chattel.  This was needed to back our monetary system.  Our debts, our obligations, our homes, our jobs -- we then became chattel property for the system.

The Federal Reserve was taken over by the Treasury.  The Treasury holds the assets.  We are the collateral -- ourselves and our property.

To summarize briefly:  On March 9, 1933 the American people in all their domestic, daily, and commercial transactions became the same as the enemy.  The President of the United States, through licenses or any other form, was given the power to regulate and control the actions of enemies.  He made We, the People, chattel property; he seized our gold, our property and our  rights; and he suspended strict adherence to the limitations imposed by the Constitution.  And we know that current law, to this day, says:

Sec. 95b.  Ratification of acts of President and Secretary of the Treasury under 95a

The actions, regulations, rules, licenses, orders and proclamations heretofore or hereafter taken, promulgated, made, or issued by the President of the United States or the Secretary of the Treasury since March 4, 1933, pursuant to the authority conferred by subsection (b) of section 5 of the Act of October 6, 1917, as amended [12 USCS ss: 95a], are hereby approved and confirmed.

(Mar. 9, 1933, c. 1, Title I, ss 1, 48 Stat. 1.)

FINDING OF FACT

7)  That on May 12, 1933, Congress passed what is known as the "Agricultural Adjustment Act," as shown in part below.

AN ACT

  To relieve the existing national economic emergency by increasing agricultural purchasing power, to raise revenue for extraordinary expenses incurred by reason of such emergency, to provide emergency relief with respect to agricultural indebtedness, to provide for the orderly liquidation of joint-stock land banks, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE I - AGRICULTURAL ADJUSTMENT

Declaration of Emergency

That the present acute economic emergency being in part the consequence of a severe and increasing disparity between the prices of agricultural and other commodities, which disparity has largely destroyed the purchasing power of farmers for industrial products, has broken down the orderly exchange of commodities, and has seriously impaired the agricultural assets supporting the national credit structure, it is hereby declared that these conditions in the basic industry of agriculture have affected transactions in agricultural commodities with a national public interest, have burdened and obstructed the normal currents of commerce in such commodities, and render imperative the immediate enactment of title I of this Act. ...

Prior to the enactment of this legislation we learned from Roosevelt's papers (see Exhibit 45):

  "This conference of fifty farm leaders met on March 10, 1933.  They agreed on recommendations for a bill, which were presented to me at the White House on March 11th by a committee of the conference, who requested me to call upon the Congress for the same broad powers to meet the emergency in agriculture as I had requested for solving the bank crisis."

We, The Michigan People's Assembly and Grand Jury find that President Roosevelt referring to "same broad powers to meet the emergency in agriculture" were in fact the War Powers -- the same authority he had used in attempting to solve the bank crisis.

We further find that from reading the first paragraph of the above Act, that the purpose was to bring into effect millions of acres of farm land and all of the agricultural assets to support the national credit structure; remember the Gold had already been seized, therefore mortgaged land and agriculture assets were needed to support the emergency credit.  The new money had to have something to support it, therefore we find that agriculture and agricultural assets were seized and nationalized.  The government now claims a vested public interest.  The farming industry was nationalized.

We also find that anyone handling any agricultural products were required to be licensed, as shown by Agricultural Adjustment Act of May 12, 1933.  See Exhibit 43.

  "To issue licenses permitting processors, associations of producers and others to engage in the handling, in the current of interstate or foreign commerce, of any agricultural commodity or product thereof"

This is the seizure of the agricultural industry by means of licensing authority.

We, The Michigan People's Assembly and Grand Jury further find, that pursuant to U.S. v. Butler (Supreme Court), 1935 (Exhibit 59) the Supreme Court was correct in striking down the Agricultural Adjustment Act.

  "A tax, in the general understanding and in the strict Constitutional sense, is an exaction for the support of government; the term does not connote the expropriation of money from one group to be expended for another, as a necessary means in a plan of regulation, such as the plan for regulating agricultural production set up in the Agricultural Adjustment Act."

The Court is saying that a tax can only be an exaction for the support of government, not for an expropriation from one group for the use of another.

Quoting further from United States v. Butler (Exhibit 60):

  "The regulation of farmer's activities under the statute, though in form subject to his own will, is in fact coercion through economic pressure; his right of choice is illusory. Even if a farmer's consent were purely voluntary, the Act would stand no better.  At best it is a scheme for purchasing with federal funds submission to federal regulation of a subject reserved to the states."

Speaking of contracts, those contracts are coercion contracts.  They are adhesion contracts made by a superior over an inferior.  They are under the belligerent capacity of government over enemies.  They are not valid contracts.

Again from United States v. Butler (Exhibit 61):

  "If the novel view of the General Welfare Clause now advanced in support of the tax were accepted, this clause would not only enable   Congress to supplant the states in the regulation of agriculture and all other industries as well, but would furnish the means whereby all of the other provisions of the Constitution,

sedulously framed  to define and limit the powers of the United States and preserve the powers of the states, could be broken down, the independence of the individual states obliterated, and the United States converted into a central government exercising uncontrolled police power throughout the union superseding all local control over local concerns."

Please, read the above paragraph again.  The understanding of its meaning is vital.

The United States Supreme Court ruled the New Deal, the nationalization, unconstitutional in the Agricultural Adjustment Act and they turned it down flat.  The Supreme Court declared it to be unconstitutional.  They said, in effect, "You're turning the federal government into an uncontrolled police state, exercising uncontrolled police power."

We, The Michigan People's Assembly and Grand Jury further find in the first hundred days of the reign of Franklin Delano Roosevelt, similar seizures by licensing authority were successfully completed and made by the government over other industry, i. e. transportation, communications, public utilities, securities, labor, and all natural resources.

FINDING OF FACT

8) The Michigan People's Assembly and Grand Jury finds that Congress passed what was known as the Industrial Recovery Act, which states in part:

TITLE I -- INDUSTRIAL RECOVERY

Declaration of Policy

Section 1.  A national emergency productive of widespread unemployment and disorganization of industry, which burdens interstate and foreign commerce, affects the public welfare, and undermines the standards of  living of the American people, is hereby declared to exist.  It is hereby declared to be the policy of Congress to remove obstructions to the free flow of interstate and foreign commerce which tend to diminish the amount thereof; and to provide for the general welfare by promoting the organization of industry for the purpose of cooperative action among trade groups, to induce and maintain united action of labor and management under adequate governmental sanctions and supervision, to eliminate unfair competitive practices, to promote the fullest possible utilization of the present productive capacity of industries, to avoid undue restriction of production (except as may be temporarily required), to increase the consumption of industrial and agricultural products by increasing purchasing power, to reduce and relieve unemployment, to improve standards of labor, and otherwise to rehabilitate industry and to conserve natural resources.

ADMINISTRATIVE AGENCIES

Sec. 2.(a)  To effectuate the policy of this title, the President is hereby authorized to establish such agencies, to accept and utilize such voluntary and uncompensated services, to appoint, without regard to the provisions of the civil service laws, such officers and employees, and to utilize such Federal officers and employees, and with the consent of the State, such State and local officers and employees, as he may find necessary, to prescribe their authorities, duties, responsibilities, and tenure, and without regard to the Classification Act of 1923, as amended, to fix the compensation of any officers and employees so appointed.

(b)  The President may delegate any of his functions and powers under this title to such officers, agents, and employees as he may designate or appoint, and may establish an industrial planning and research agency to aid in carrying out his functions under this title.

73d CONGRESS. SESS. I. CH. 90. JUNE 16, 1933

(c)  This title shall cease to be in effect and any agencies established hereunder shall cease to exist at the expiration of two years after the date of enactment of this Act, or sooner if the President shall by proclamation or the Congress shall by joint resolution declare that the emergency recognized by section

1 has ended.

CODES OF FAIR COMPETITION

Sec. 3.(a)  Upon the application to the President by one or more trade or industrial associations or groups, the President may approve a code or codes of fair competition for the trade or industry or subdivision thereof, represented by the applicant or applicants, if  the President finds (1) that such associations or groups impose no inequitable restrictions on admission to membership therein and are truly representative of such trades or industries or subdivisions thereof, and (2) that such code or codes are not designed to promote monopolies or to eliminate or oppress small enterprises and will not operate to discriminate against them, and will tend to effectuate the policy of this title: Provided, That such code or codes shall not permit monopolies or monopolistic practices: Provided further, That where such code or codes affect the services and welfare of persons engaged in other steps of the economic process, nothing in this section shall deprive such persons of the right to be heard prior to approval by the President of such code or codes.  The President may, as a condition of his approval of any such code, impose such conditions (including requirements for the making of reports and the keeping of accounts) for the protection of consumers, competitors, employees, and others, and in furtherance of the public interest, and may provide such exceptions to and exemptions from the provisions of such code, as the President in his discretion deems necessary to effectuate the policy herein declared.

(b)  After the President shall have approved any such code, the provisions of such code shall be the standards of fair competition for such trade or industry or subdivision thereof.  Any violation of such standards in any transaction in or affecting interstate or foreign commerce shall be deemed an unfair method of competition in commerce within the meaning of the Federal Trade Commission Act, as amended; but nothing in this title shall be construed to impair the powers of the Federal Trade Commission under such Act, as amended.

(c)  The several district courts of the United States are hereby invested with jurisdiction to prevent and restrain violations of any code of fair competition approved under this title: and it shall be the duty of the several district attorneys of the United States, in their respective districts, under the direction of the Attorney General, to institute proceedings in equity to prevent and restrain such violations.

(d)  Upon his own motion, or if complaint is made to the President that abuses inimical to the public interest and contrary to the policy herein declared are prevalent in any trade or industry or subdivision thereof, and if no code of fair competition therefor has theretofore been approved by the President, the President, after such public notice and hearing as he shall specify, may prescribe and approve a code of fair competition for such trade or industry or subdivision thereof, which shall have the same effect as a code of  fair competition approved by the President under subsection (a) of this section.

(e)  On his own motion, or if any labor organization, or any trade or industrial organization, association, or group, which has complied with the provisions of this title, shall make complaint to the President that any article or articles are being imported into the United States in substantial quantities or increasing ratio to domestic production of any competitive article or articles and on such terms or under such conditions as to render ineffective or seriously to endanger the maintenance of any code or agreement under this title, the President may cause an immediate investigation to be made by the United States Tariff Commission, which shall give precedence to investigations under this subsection, and if, after such investigation and such public notice and hearing as he shall specify, the President shall find the existence of such facts, he shall, in order to effectuate the policy of this title, direct that the article or articles concerned shall be permitted entry into the United States only upon such terms and conditions and subject to the payment of such fees and to such limitations in the total quantity which may be imported (in the course of any specified period or periods) as

he shall find it necessary to prescribe in order that the entry thereof shall not render or tend to render ineffective any code or agreement made under this title.  In order to enforce any limitations imposed on the total quantity of imports, in any specified period or periods, of any article or articles under this subsection, the President may forbid the importation of such article or articles unless the importer shall have first obtained from the Secretary of the Treasury a license pursuant to such regulations as the President may prescribe.  Upon information of any action by the President under this subsection the Secretary of the Treasury shall, through the proper officers, permit entry of the article or articles specified only upon such terms and conditions and subject to such fees, to such limitations in the quantity which may be imported, and to such requirements of license, as the President shall have directed.  The decision of the President as to facts shall be conclusive.  Any condition or limitation of entry under this subsection shall continue in effect until the President shall find and inform the Secretary of the Treasury that the conditions which led to the imposition of such condition or limitation upon entry no longer exists.

(f)  When a code of fair competition has been approved or prescribed by the President under this title, any violation of any provision thereof in any transaction in or affecting interstate or foreign commerce shall be a  misdemeanor and upon conviction thereof an offender shall be fined not more than $500 for each offense, and each day such violation continues shall be deemed a separate offense.

AGREEMENTS AND LICENSES

Sec. 4. (a)  The President is authorized to enter into agreements with, and to approve voluntary agreements between and among, persons engaged in a trade or industry, labor organizations, and trade or industrial organizations, associations, or groups, relating to any trade or industry, if in his judgment such agreements will aid in effectuating the policy of this title with respect to transactions in or affecting interstate or foreign commerce, and will be consistent with the requirements of clause (2) of subsection (a) of section 3 for a code of fair competition.

(b)  Whenever the President shall find that destructive wage or price cutting or other activities contrary to the policy of this title are being practiced in any trade or industry or any subdivision thereof, and, after such public notice and hearing as he shall specify, shall find it essential to license business enterprises in order to make effective a code of fair competition or an agreement under this title or otherwise to effectuate the policy of this title, and shall publicly so announce, no person shall, after a date fixed in such announcement, engage in or carry on any business, in or affecting interstate or foreign commerce, specified in such announcement, unless he shall have first obtained a license issued pursuant to such regulations as the President shall prescribe.  The President may suspend or revoke any such license, after due notice and opportunity for hearing, for violations of the terms or conditions thereof.  Any order of the President suspending or revoking any such license shall be final if in accordance with law.  Any person who, without such a license or in violation of any condition thereof, carries on any such business for which a license is so required, shall, upon  conviction thereof, be fined not more than $500, or imprisoned not more than six months, or both, and each day such violation continues shall be deemed a separate offense.  Notwithstanding the provisions of section 2(c), this subsection shall cease to be in effect at the expiration of one year after the date of enactment of this Act or sooner if the President shall by proclamation or the Congress shall by joint resolution declare that the emergency recognized by section 1 has ended.

Sec. 5.  While this title is in effect (or in the case of a license, while section 4 (a) is in effect) and for sixty days thereafter, any code, agreement, or license approved, prescribed, or issued and in effect  under this title, and any action complying with the provisions thereof taken during such period, shall be exempt from the provisions of the antitrust laws of the United States.

Nothing in this Act, and no regulation thereunder, shall prevent an individual from pursuing the vocation of manual labor and selling or trading the products thereof; nor shall anything in this Act, or regulation thereunder, prevent anyone from marketing or trading the produce of his farm.

The Michigan People's Assembly and Grand Jury further finds that the above act covers such a wide range of powers that it is almost impossible to describe, other than it is proper to quote Senate Report 93-549, as of November 19, 1973, which states:

  A majority of the people of the United States have lived all of their lives under emergency rule.  For 40 years, freedoms and governmental procedures guaranteed by the Constitution have, in varying degrees, been abridged by laws brought into force by states of national emergency.

and further from Franklin D. Roosevelt. On Our Way. New York; The John Day Company, 1934, pp. 35-36

. . . the full meaning of that word "emergency" related to far more than banks: it covered the whole economic and therefore the whole social structure of the country.  It was an emergency that went to the roots of our agriculture, our commerce, and our industry; it was an emergency that had existed for a whole generation in its underlying causes and for three and one-half years in its visible effects.  It could be cured only by a complete reorganization and a measured control of the economic structure.  It could not be cured in a week, in a month, or a year.  It called for a long series of new laws, new administrative agencies.  It required separate measures affecting different subjects; but all of them component parts of a fairly definite broad plan.  Most of all it called for readiness and understanding on the part of the people.  We could never go back to the old order.

FINDING OF FACT

9)  The Michigan People's Assembly and Grand Jury finds that on June 5, 1933 the Senate and the House of Representatives passed House Joint Resolution 192, also known as Abrogation of the Gold Clause, as shown by Exhibit 44.  It states in part:

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) every provision contained in or made with respect to any obligation which purports to give the obligee a right to require payment in gold or a particular kind of coin or currency, or in an amount in money of the United States measured thereby, is declared to be against public policy; and no such provision shall be contained in or made with respect to any obligation hereafter incurred.  Every obligation, heretofore or hereafter incurred, whether or not any such provision is contained therein or made with respect thereto, shall be discharged upon payment, dollar for dollar, in any coin or currency which at the time of payment is legal tender for public and private debts.  Any such provision contained in any law authorizing obligations to be issued by or under authority of the United States, is hereby repealed, but the repeal of any such provision shall not invalidate any other provision or authority contained in such law.

  (b) As used in this resolution, the term "obligation" means an obligation (including every obligation of and to the United States, excepting currency) payable in money of the United States; and the term "coin or currency" means coin or currency of the United States, including Federal Reserve notes and circulating notes of Federal Reserve banks and national banking associations.

  Sec. 2.  The last sentence of paragraph (1) of subsection (b) of section 43 of the Act entitled 'An Act to relieve the existing national economic emergency by increasing agricultural purchasing power, to raise revenue for extraordinary expenses incurred by reason of such emergency, to provide emergency relief with respect to agricultural indebtedness, to provide for the orderly liquidation of joint-stock land banks, and for other purposes', approved May 12, 1933, is amended to read as follows:

  "All coins and currencies of the United States (including Federal Reserve notes and circulating notes of Federal Reserve banks and national banking associations) heretofore or hereafter coined or issued, shall be legal tender for all debts, public and private, public charges,  taxes, duties, and dues, except that gold coins, when below the standard weight and limit of tolerance provided by law for the single piece, shall be legal tender only at valuation in proportion to their actual weight."

  Approved, June 5, 1933, 4: 40 p.m.

We see from the wording that any "obligee" which pursuant to Black's Law Dictionary 4th ed., pg. 1226 means "The person in favor of whom some obligation is contracted, whether such obligation be to pay money or to do or not to do something."  "The party to whom a bond is given."

We see that the people who were holder of the note, bond, warehouse receipt, obligation, or Federal Reserve note (a ware-house receipt for gold), were the obligee, and no longer had a right to require (demand) payment in gold.

It goes on to say:

  That (a) every provision contained in or made with respect to any obligation which purports to give the obligee a right to require payment in gold or a particular kind of coin or currency, or in an amount in money of the United States measured thereby, is declared to be against public policy;

It goes on to say that every obligation heretofore or here-after incurred, shall be discharged upon dollar for dollar - meaning that debts or obligations can no longer be paid, they can only be discharged.

We, The Michigan People's Assembly and Grand Jury further find that this is confirmed by Stanek v. White, 172 Minn. 390, 215 N.W. 784, which states:

  There is a distinction between a "debt discharged" and a "debt paid."  When discharged the debt still exists though divested of its character as a legal obligation during the operation of the discharge.  Something of the  original vitality of the debt continues to exist which may be transferred, even though the transferee takes it subject to its disability incident to the discharge.  The fact that it carries something which may be a consideration for a new promise to pay, so as to make an otherwise worthless promise a legal obligation, makes it the subject of transfer by assignment. Stanek v. White, 172 Minn. 390, 215 N.W. 784.

and further, the Michigan People's Assembly and Grand Jury finds:

The new money or currency implemented by Congress on March 9, 1933, under Title IV "Upon the deposit with the Treasury of the United States (a) of any direct obligation of the United States or . . ." which is a direct obligation upon the American people, can now be used to "discharge" the obligation which the Federal Reserve Banks had with the American people, who were holders of the notes, bonds, obligations.

We further find that the people were never paid for their gold, rather they were merely tendered their own obligation.

FINDING OF FACT

10)  The Michigan People's Assembly and Grand Jury finds that on June 19, 1934 Congress passed an Act merging Law and Equity, known as the Federal Rules of Civil Procedures Act, reads as follows:

AN ACT

  To give the Supreme Court of the United States authority to make and publish rules in actions at law.

  Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Supreme Court of the United States shall have the power to prescribe, by general rules, for the district courts of the United States and for the courts of the District of Columbia, the forms of process, writs, pleadings, and motions, and the practice and procedure in civil actions at law.  Said rules shall neither abridge, enlarge, nor modify the substantive rights of any litigant.  They shall take effect six months after their promulgation, and thereafter all laws  in conflict therewith shall be of no further force or effect.

  Sec. 2.  The court may at any time unite the general rules prescribed by it for cases in equity with those in actions at law so as to secure one form of civil action and procedure for both: Provided,, however, That in such union of rules the right of trial by jury as at common law and declared by the seventh amendment to the Constitution shall be preserved to the parties inviolate.  Such united rules shall not take effect until they shall have been reported to Congress by the Attorney General at the beginning of a regular session thereof and until after the close of such sessions.

  Approved, June 19, 1934.

The Michigan People's Assembly and Grand Jury further finds that the Act did not come into effect until December 20, 1937, as shown by the following "Letter of Submittal."

LETTER OF SUBMITTAL

Supreme Court of the United States,

Washington, D.C., December 20, 1937.

  My Dear Mr. Attorney General;

  By direction of the Supreme Court, I transmit to you herewith the Rules of Civil Procedure for the District Courts of the United States which have been adopted by the Supreme Court pursuant to the Act of June 19, 1934, chapter 651 (48 Stat. 1064).

  In accordance with Section 2 of that Act, the Court has united the general rules prescribed by it for cases in equity with those in actions at law so as to secure one form of civil action and procedure for both.  The Court requests you, as provided in that section, to report these rules to the Congress at the beginning of the regular session in January next.

  I am requested to state that Mr. Justice Brandeis does not approve of the adoption of the rules.

  I have the honor to remain,

  Respectfully yours,

  (signed)  Charles E. Hughes,

  Chief Justice of the United States.

Honorable Homer Cummings,

  Attorney General of the United States,

  Washington, D.C.

The Michigan People's Assembly and Grand Jury further finds that pursuant to Supreme Court case, Erie R.R. v. Thompkins, 1938, which stated that there was no general Federal Common Law at the Federal level.

The Michigan People's Assembly and Grand Jury finds that recognition of the Common Law was abolished at both the Federal and State levels.

FINDING OF FACT

11)  The Michigan People's Assembly and Grand Jury finds that on June 6, 1934, Congress of the United States enacted Public Law No. 293, H.R. 7353.

Compact For Prevention of Crime

With and Among the Several States

Part I

COMPACT FOR PREVENTION OF CRIME-AUTHORIZATION

24-60-101.  Compacts recognized and declared to exist.  The congress of the United States, under and pursuant to the provisions of section 10 of article 1 of the constitution of the United States, having granted its consent by that certain act (Public Law No. 293, H.R. 7353), approved June 6, 1934, to any two or more states to enter into agreements or compacts for cooperative effort and mutual assistance in the prevention of crime and in the enforcement of their respective criminal laws and policies, and for the establishment of such agencies, joint or otherwise, as they may deem desirable for making effective any such agreements or compacts, the practical need and utility of such agreements or compacts, between or among the state of Michigan and any other states of the United States, and particularly between or among the state of Michigan and those states adjoining the state of Michigan, are recognized and declared to exist.

and further, the Michigan People's Assembly and Grand Jury finds:

That this compact allowed the Federal government to come into  the states and enforce Federal statutes, a few of which are:

1.  Amendments to the Federal kidnapping statute to provide for the death penalty in the event of injury to the victim, and creating a presumption that, if the victim was not returned within seven days, the victim had been taken from one State to another.

2.  An Act punishing the transmission of extortion threats in any form of interstate communication.  Prior to this, only the mailing of extortion notes was punishable.

3.  A statute making it a Federal offense for a person to flee from one State to another to avoid prosecution for certain major felonies or to avoid testifying in felony cases.  Since the enactment of this statute hundreds of persons not available to interstate rendition proceedings have been returned to States under Federal warrants for prosecution.

4.  A statute punishing the transportation and receipt of stolen goods in interstate commerce where the value is $5,000 or more.  This statute has been instrumental in breaking up some of the larger gangs which had been engaged in shipping stolen merchandise from one State to another.

5.  An Act punishing robbery of national banks with death penalty where any person is killed during the robbery.  The statute is applicable not only to national banks, but to members of the Federal Reserve System and to all banks whose funds are insured by the Federal Deposit Insurance Corporation.  It has done much to reduce the epidemic of bank robbery.

6.  A statute requiring registration of all machine-guns and sawed-off shotguns and rifles.

7.  An Act making it a Federal offense to assault or kill Federal officers.

8.  An Act authorizing agents of the Department of Justice to carry firearms.

9.  An Act to protect certain types of trade and commerce against intimidation and racketeering.

10.  Various statutes for improving the outworn and archaic Federal criminal procedure to make the prosecution of crime in court more effective.

We, the Michigan People's Assembly and Grand Jury further find that under 6a) Statute requiring regulations of all machine-guns and sawed-off shotguns and rifles, was the agenda for Ruby Ridge - which claimed Weaver had sold a shotgun which was 1/4 inch too short.  Which action gave cause for Federal agents to come into Idaho and kill Weaver's wife and their fourteen year old son.

and further:

The Michigan People's Assembly and Grand Jury finds that the same federal statutes 6(a) were the grounds used by the Federal government in the Waco case, which resulted in the death of some 80 men, women and children.  All of these actions were taken under the War and Emergency Power Act of March 9, 1933.

and further:

The Michigan People's Assembly and Grand Jury finds that this United States Compact with the several states of the Union, in effect made the states nothing more than Federal regions of the United States, or a corporation of the United States with special exemptions (tax free status).

FINDING OF FACT

12) The Michigan People's Assembly and Grand Jury finds that on the 17th day of December 1932, Wilber M. Brucker, Governor of Michigan (outgoing) issued a Proclamation calling for an extraordinary session of the General Assembly.

PROCLAMATION OF THE GOVERNOR

TO ALL WHOM IT MAY CONCERN:

GREETING:

By virtue of the authority vested in me as Governor of the State of Michigan, I hereby call the legislature of the State to meet in extraordinary session on December 27th, 1932, at one o'clock in the afternoon, for the consideration of such matters as may be submitted by special message.

Given under my hand and the Great Seal of the State at the Capitol in Lansing, this seventeenth day of December, in the year of our Lord, one thousand nine hundred and thirty-two, and of the Commonwealth the ninety-seventh. (SEAL) (signed) Wilber M. Brucker

  Governor

The State of Michigan

Department of State

TO ALL TO WHOM THESE PRESENTS SHALL COME:

I, Frank D. Fitzgerald, Secretary of State of the State of Michigan and Custodian of the Great Seal thereof, DO HEREBY CERTIFY that the attached copy is a true and compared transcript of the PROCLAMATION OF THE GOVERNOR issued the seventeenth day of December, 1932, convening the legislature in extraordinary session December 27th, 1932, at one o'clock in the afternoon, the original of which is on file in this office.

In Testimony Whereof, I have hereunto set my hand and affixed the Great Seal of the State at the Capitol in the city of Lansing, this seventeenth day of December, 1932.

(signed) Frank A. Fitzgerald

Secretary of State

and further, The Michigan People's Assembly and Grand Jury finds that only one act was passed during this extraordinary session of the legislature.

PUBLIC ACT [No. 1] Second Extra Session of 1932

The Michigan People's Assembly and Grand Jury finds that on the 14th day of February, 1933, William A. Comstock, Governor of Michigan issued the following:

PROCLAMATION

Whereas, in view of the acute financial emergency now existing in the city of Detroit and throughout the state of Michigan, I deem it necessary to the public interest and for the preservation of the public peace, health and welfare and for the equal safeguarding without preference of the rights of depositors in the banks and trust companies of this state and at the request of the Michigan Bankers Association and the Detroit Clearing House and after consultation with the banking authorities, both national and state, with representatives of the United States Treasury Department, the Banking Department of the State of Michigan, the Federal Reserve Ban, the Reconstruction Finance Corporation, and with the United States Secretary of Commerce, I hereby proclaim the days from Tuesday, February 14th, 1933 to Tuesday, February 21st, 1933, both dates inclusive, to be public holidays during which time all banks, trust companies and other financial institutions conducting a banking or trust business within the state of Michigan shall not be opened for the transaction of banking or trust business, the same to be recognized, classed and treated and have the same effect in respect to such banks, trust companies and other financial institutions as other legal holidays under the laws of this state, provided that it shall not affect the making or execution of agreements or instruments in writing or interfere with judicial proceedings.

Dated this 14th day of February, 1933, 1:32 AM.

(signed) William A. Comstock

Governor of the State of Michigan.

By the Governor:

Frank A. Fitzgerald

Secretary of State

and further that

Governor Comstock issued proclamations on the 21st of February, 1933, declaring a banking and credit emergency and on

the 8th of March, 1933 calling for cooperation with the federal government in its implementation of the War and Emergency

Powers.

The Michigan People's Assembly and Grand Jury finds that the Michigan Legislature did cooperate by implementing numer-

ous Public Acts including, but not limited to, the following:

PUBLIC ACT [No. 31] of 1933, AN ACT repealing the act to provide for grand juries in certain counties.

and

The Michigan Legislature passed numerous acts providing for Motor Vehicle licensing, driver licensing, marriage licensing, alcohol administration and control, etc.

The use of the following, and other similar, emergency clauses,

That by reason of the acute financial and economic condition which has arisen and now exists in the state of Michigan an emergency exists, which requires special legislation under the police power of the state, and that this act is enacted to meet such emergency and is hereby declared to be immediately necessary for the preservation of the public peace, health and safety and shall be liberally construed.

used on most legislation is in error in that,

1) Police power is not now and has never been delegated to the Michigan legislature in any of the Michigan Constitutions now in existence, and,

2) It directly violates Article V, Sec. 30 of the Constitution for the State of Michigan, 1909, to wit:

Sec. 30. The legislature shall pass no local or special act in any case where a general act can be made applicable, and whether a general act can be made applicable shall be a judicial question. No local or special act shall take effect until approved by a majority of the electors voting thereon in the district to be affected.

The War and Emergency Powers Act has given the executive the power to promote and excuse the immoral behavior, contrary to God's Laws and the Common Law.

The laws of necessity have rendered the family unit a subdivision of the state.  Children become wards of the state, with parental rights replaced as privileges at the discretion of the state.

13)  The Michigan People's Assembly and Grand Jury finds that the following act abolishes any remedy through the United States District Court, as this court may only uphold administrative decisions of the state, pursuant to Erie Railroad vs. Thompkins, which states that the law to be applied is the law of the state (meaning the Executive/Administrative Law of the State).

AN ACT

To amend section 24 of the Judicial Code, as amended, with respect to the jurisdiction of the district courts of the United States over suits relating to orders of State administrative boards.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first paragraph of section 24 of the Judicial Code, as amended, is amended by adding at the end thereof the following: "Notwithstanding the foregoing provisions of this paragraph, no district court shall have jurisdiction of any suit to enjoin, suspend, or restrain the enforcement, operation, or execution of any order of an administrative board or commission of a State, or any rate-making body of any political subdivision thereof, or to enjoin, suspend, or restrain any action in compliance with any such order, where jurisdiction is based solely upon the ground of diversity of citizenship, or the repugnance of such order to the Constitution of the United States, where such order (1) affects rates chargeable by a public utility, (2) does not interfere with interstate commerce, and (3) has been made after reasonable notice and hearing, and where a plain, speedy, and efficient remedy may be had at law or in equity in the courts of such State."

Sec. 2.  The provisions of this Act shall not affect suits connected in the district courts, either originally or by removal, prior to its passage; and all such suits shall be continued, proceedings therein had, appeals therein taken, and judgments therein rendered, in the same manner and with the same effect as if this Act had not been passed.

Approved, May 14, 1934.

FINDING OF FACT

14)  The Michigan People's Assembly and Grand Jury further finds that pursuant to Public Law 313 of April 14, 1952, H.J.R. 423, allowed for the continuation of the United Nations, shown as follows:

JOINT RESOLUTION

To continue the effectiveness of certain statutory provisions until June 1, 1952.

Whereas the existing state of war with Japan is the last declared state of war to which the United States is a party and the termination thereof and of the national emergencies proclaimed in 1939 and

Whereas some of these statutory provisions are needed to insure the national security and the capacity of the United States to support the United Nations in its efforts to establish and maintain world peace; and

Whereas, in view of the impending termination of this state of war, it is desirable to extend these needed statutory provisions immediately until June 1, 1952, to permit further consideration of a more extended continuation:  Now, therefore, be it

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That notwithstanding the termination hereafter of the war with Japan declared December 8, 1941 (55 Stat. 795), and of the national emergencies proclaimed by the President on September 8, 1939 (Proc. 2352, 54 Stat. 2643), and on May 27, 1941 (Proc. 2487, 55 Stat. 1657), and notwithstanding any proclamation of peace with respect to such war -- . .

The Michigan People's Assembly and Grand Jury further finds that in order to abolish the United Nations' authority over the constitutional government of the United States of America, one must first abolish the War and Emergency Powers.

FINDING OF FACT

15)  The Michigan People's Assembly and Grand Jury finds that pursuant to Senate Report 93-549, compiled by Charles Mc C. Mathias Jr., Frank Church, confirms that the War and Emergency Power to be in full force and effect, as of November 19, 1973; and further in full force and effect today.

REPORT

(Pursuant to S. Res. 9, 93d Cong.)

A - A BRIEF HISTORICAL SKETCH OF THE ORIGINS

OF EMERGENCY POWERS NOW IN FORCE

  A majority of the people of the United States have lived all of their lives under emergency rule.  For 40 years, freedoms and governmental procedures guaranteed by the Constitution have, in varying degrees, been abridged by laws brought into force by states of national emergency.  The problem of how a constitutional democracy reacts to great crises, however, far antedates the Great Depression.  As a philosophical issue, its origins reach back to the Greek city-states and the Roman Republic.  And, in the United States, actions taken by the Government in times of great crises have -- from, at least, the Civil War -- in important ways shaped the present phenomenon of a permanent state of national emergency.

The Michigan People's Assembly and Grand Jury first thinks it proper to show the following:

FORWARD

  Since March 9, 1933, the United States has been in a state of declared national emergency.  In fact, there are now in effect four presidentially proclaimed states of national emergency: In addition to the national emergency declared by President

Roosevelt in 1933, there are also the national emergency proclaimed by President Truman on December 16, 1950, during the Korean conflict, and the states of national emergency declared by President Nixon on March 23, 1970, and August 15, 1971.

  These proclamations give force to 470 provisions of Federal law.  These hundreds of statutes delegate to the President extraordinary powers, ordinarily exercised by the Congress, which affect the lives of American citizens in a host of all-encompassing manners.  This vast range of powers, taken together, confer enough authority to rule the country without reference to normal constitutional processes.

  Under the powers delegated by these statutes, the President may: seize property; organize and control the means of production; seize commodities; assign military forces abroad; institute martial law; seize and control all transportation and communication; regulate the operation of private enterprise; restrict travel; and, in a plethora of particular ways, control the lives of all American citizens.

  With the melting of the cold war -- the developing detente with the Soviet Union and China, the stable truce of over 20 years duration between North and South Korea, and the end of U.S. involvement in the war in Indochina --there is no present need for the United States Government to continue to function under emergency conditions.

  The Special Committee on the Termination of the National Emergency was created to examine the consequences of terminating the declared states of national emergency that now prevail; to recommend what steps the Congress should take to ensure that the termination can be accomplished without adverse effect upon the necessary tasks of governing; and, also, to recommend ways in which the United States can meet future emergency situations with speed and effectiveness but without relinquishment of congressional oversight and control.

  In accordance with this mandate, the Special Committee -- in Conjunction with the Executive branch, expert constitutional authorities, as well as former high officials of this Government -- is now engaged in a detailed study to determine the most reasonable ways to restore normalcy to the operations of our Government.

  A first and necessary step was to bring together the body of statutes, which have been passed by Congress, conferring extraordinary powers upon the Executive branch in times of national emergency.  This has been a most difficult task.  Nowhere in the Government, in either the Executive or Legislative branches, did there exist a complete catalog of all emergency statutes.  Many were aware that there had been a delegation of an enormous amount of power but, of how much power, no one knew.  In order to correct this situation, the Special Committee staff was instructed to work with the Executive branch, the Library of Congress, and knowledgeable legal authorities to compile an authoritative list of delegated emergency powers.

  This Special Committee study, which contains a list of all provisions of Federal law, except the most trivial, conferring extraordinary powers in time of national emergency, was compiled by the staff under the direction of Staff Director William G. Miller, and Mr. Thomas A. Dine; utilizing the help of the General Accounting Office, the American Law Division of the Library of Congress, the Department of Justice, the Department of Defense, and the Office of Emergency Planning.

  The Special Committee is grateful for the assistance provided by Jack Goldklang of the Office of Legal Counsel, Department of Justice; Lester S. Jayson, the director of the Congressional Research Service of the Library of Congress; Joseph E. Ross, head of the American Law Division of CRS; and especially Raymond Calada of the American Law Division and his able assistants, Charles V. Dale and Grover S. Williams; Paul Armstrong of the General Accounting Office; Linda Lee, Patrick Norton, Roland Moore, William K. Sawyer, Audrey Hatry, Martha Mecham, and David J. Kyte.

  The Special Committee will also publish a list of Executive Orders, issued pursuant to statutes brought into force by declared states of emergency, at a later date.

  Charles McC. Mathias, Jr.

  Frank Church,

  Co-Chairmen.

The Michigan People's Assembly and Grand Jury finds and agrees with the Special Committee on the Termination of the National Emergency, as stated in paragraph four:

  "there is no present need for the United States Government to continue to function under emergency conditions."

  "In the view of the Special Committee, an emergency does not now exist.  Congress, therefore, should act in the near future to terminate officially the states of national emergency now in effect."

  At the same time, the Special Committee is of the view that it is essential to provide the means for the Executive to act effectively in an emergency.  It is reasonable to have a body of laws in readiness to delegate to the President extraordinary powers to use in times of real national emergency.  The portion of the concurring opinion given by Justice Jackson in the Youngstown Steel case with regard to emergency powers provides sound and pertinent guidelines for the maintenance of such a body of emergency laws kept in readiness to be used in times of extreme crisis.  Justice Jackson, supporting the majority opinion that the "President's power must stem either from an act of Congress or from the Constitution itself: wrote:

  "The appeal, however, that we declare the existence of inherent powers ex necessitate to meet an emergency asks us to do what many think would be wise, although it is something the forefathers omitted.  They knew what emergencies were, knew the pressures they engender for authoritative action, knew, too, how they afford a ready pretext for usurpation.  We may also suspect that they suspected that emergency powers would tend to kindle emergencies.  Aside from suspension of the privilege of the writ of habeas corpus in time of rebellion or invasion, when the public safety may require it, they made no express provision for exercise of extraordinary authority because of a crisis.  I do not think we rightfully may so amend their work, and, if we could, I am not convinced it would be wise to do so, although many modern nations have forthrightly recognized that war and economic crises may upset the normal balance between liberty and authority.  Their experience with emergency powers may not be irrelevant to the argument here that we should say that the Executive, of his own volition, can invest himself with undefined emergency powers."

The Michigan People's Assembly and Grand Jury finds and agrees with the Special Committee on its findings as stated in the first paragraph.

"In the view of the Special Committee, an emergency does not now exist.  Congress, therefore, should act in the near future to terminate officially the states of national emergency now in effect."

  "On August 15, 1971, President Nixon, in Proclamation 4074, declared an emergency concerning America's declining worldwide economic position.  He imposed an import surcharge and devalued the dollar, among other things.  One year later, when the Export Control Act lapsed for a month, he invoked Sec. 5(b) to regulate exports, basing his authority to do so both on his Proclamation 4074 and on President Truman's proclamation of 1950.

  "The current law, which has thus accrued over a period of 50 years, gives the President a wide range of powers, but only in time of war or declared national emergency.  Although the Korean war has ended, these powers are being exercised solely on the basis of the 1950 emergency; or, on the basis of the President's unilaterally designating as "emergencies" situations which have only the most tenuous relationship to the serious national crises for which the Trading with the Enemy Act was originally intended.  The President, with the approval of Congress, has thus used as authority for extraordinary actions laws which have no real relationship whatsoever to existing circumstances.  As a consequence, a "national emergency" is now a practical necessity in order to carry out what has become the regular and normal method of governmental action.  What were intended by Congress as delegations of power to be used only in the most extreme situations and for the most limited durations have become everyday powers; and a state of "emergency" has become a permanent condition."

The Michigan People's Assembly and Grand Jury finds the Justice Department to be absolutely correct when it stated:

What were intended by Congress as delegations of power to be used only in the most extreme situations and for the most limited durations have become everyday powers; and a state of "emergency" has become a permanent condition."

FINDING OF FACT

16)  The Michigan People's Assembly and Grand Jury finds that Congress passed, on Sept. 14, 1976, what appeared to be an Act Terminating Existing Declared Emergencies.

PUBLIC LAW 94-412   SEP. 14, 1976   90 STAT. 1255

Public Law 94-412   94th Congress

AN ACT

To terminate certain authorities with respect to national emergencies still in effect, and to provide for orderly implementation and termination of future national emergencies.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "National Emergencies Act".

TITLE I -- TERMINATING EXISTING DECLARED

EMERGENCIES

Sec. 101. (1)  All powers and authorities possessed by the President, any other officer or employee of the Federal Government, or any executive agency, as defined in section 105 of title 5, United States Code, as a result of the existence of any declaration of national emergency in effect on the date of enactment of this Act are terminated two years from the date of such enactment.  Such termination shall not affect--

(1)  any action taken or proceeding pending not finally concluded or determined on such date;

(2) any action or proceeding based on any act committed prior to such date; or

(3) any rights or duties that matured or penalties that were incurred prior to such date.

(b)  For the purpose of this section, the words "any national emergency in effect" means a general declaration of emergency made by the President.

TITLE II -- DECLARATIONS OF FUTURE NATIONAL

EMERGENCIES

Sec. 201.(1)  With respect to Acts of Congress authorizing the exercise, during the period of a national emergency, of any special or extraordinary power, the President is authorized to declare such national emergency.  Such proclamation shall immediately be transmitted to the Congress and published in the Federal Register.

(b)  Any provisions of law conferring powers and authorities to be exercised during a national emergency shall be effective and remain in effect (1) only when the President (in accordance with subsection (a) of this section), specifically declares a national emergency, and (2) only in accordance with this Act.  No law enacted after the date of enactment of this Act shall supersede this title unless it does so in specific terms, referring to this title, and declaring that the new law supersedes the provisions of this title.

Sec. 202. (a)  Any national emergency declared by the President in accordance with this title shall terminate if--

(1) Congress terminates the emergency by concurrent resolution; or

(2) the President issues a proclamation terminating the emergency.

TITLE V -- REPEAL AND CONTINUATION OF CERTAIN

EMERGENCY POWER AND OTHER STATUTES

Sec. 501.(1)  Section 349(a) of the Immigration and Nationality Act (8 U.S.C. 1481(a)0 is amended--

(1) at the end of paragraph (9), by striking out "; or" and inserting in lieu thereof a period: and

(2) by striking out paragraph (10).

(b) Section 2667(b) of title 10 of the United States Code is amended--

(1) by inserting "and" at the end of paragraph (3);

(2)  by striking out paragraph (4); and

  (3) by redesignating paragraph (5) as (4).

(c) The joint resolution entitled "Joint resolution to authorize the temporary continuation of regulation of consumer credit", approved August 8, 1947 (12 U.S.C. 249), is repealed.

(d)  Section 5(m) of the Tennessee Valley Authority Act of 1933 as amended (16 U.S.C. 831d(m)) is repealed.

(e)  Section 1383 of title 18, United States Code, is repealed.

(f)  Section 6 of the Act entitled "An Act to amend the Public Health Service Act in regard to certain matters of personnel and administration, and for other purposes" approved February 28, 1945, is amended by striking out subsections (b), (c), (d), (e), and (f) (42 U.S.C. 211b).

(g)  Section 9 of the Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1742) is repealed.

(h)  This section shall not affect--

(1) any action taken or proceeding pending not finally concluded or determined at the time of repeal;

(2) any action or proceeding based on any act committed prior to repeal; or

(3) any rights or duties that matured or penalties that were incurred prior to repeal.

Sec. 502 (a)  The provisions of this Act shall not apply to the following provisions of law, the powers and authorities conferred thereby, and actions taken thereunder:

(1) Section 5(b) of the Act of October 6, 1917, as amended (12 U.S.C. 95a; 50 U.S.C. App. 5(b));

(2) Act of April 28, 1942 (40 U.S.C. 278b);

(3) Act of June 30, 1949 (41 U.S.C. 252);

(4) Section 3477 of the Revised Statutes, as amended (31 U.S.C. 203)

(5) Section 3737 of the Revised Statutes, as amended (41 U.S.C. 15):

(6) Public Law 85-804 (Act of Aug. 28, 1958, 72 Stat 872. 50 U.S.C. 1431-1435);

(7) Section 2304(a) (1) of title 10, United States Code:

(8) Sections 3313, 6386(c), and 8313 of title 10, United States Code.

The Michigan People's Assembly and Grand Jury finds that Public Law 94-412, of September 14, 1976, in what appeared to be an Act Terminating existing Declared Emergencies, did not terminate many of the existing emergencies, and left in effect Section 5(b) of the Act of October 6, 1917, as amended, to wit:

Sec. 95b.  Ratification of acts of President and Secretary of the Treasury under 95a

The actions, regulations, rules, licenses, orders and proclamations heretofore or hereafter taken, promulgated, made, or issued by the President of the United States or the Secretary of the Treasury since March 4, 1933, pursuant to the authority conferred by subsection (b) of section 5 of the Act of October 6, 1917, as amended[12 USCS ss: 95a], are hereby approved and confirmed.

(Mar. 9, 1933, c. 1, Title I, ss 1, 48 Stat. 1.)

FINDING OF FACT

17)  The Michigan People's Assembly and Grand Jury finds that Working Paper 9405 by Walker F. Todd, writing for the Federal Reserve Bank of Cleveland, confirms and verifies the work and findings of Dr. Eugene Schroder, regarding his work on the War and Emergency Powers Act under the Trading With the Enemy Act of Oct. 6, 1917, as amended; and further the said Working Paper 9405 is an extra valuable source of information concerning a period of time before Hoover left office, who had to face the aftermath of the stock market crash of 1929, and his dilemma as to what actions should be taken for recovery.

Page two of Working Paper 9405 states in part:

  . . . where he is talking about the United States taking similar steps to Britain and Europe and their bail-out of privately owned joint stock corporations, etc...

  . . . There were comparatively few large-scale peacetime interventions by the federal government in the operations of private markets prior to Herbert Hoover's administration.

  However, the British and continental European experiences with governmentally sponsored or controlled joint stock corporations and with explicit and covert bailout mechanisms for existing private corporations are quite old.  The Bank of England (chartered in 1694), the South Seas Company (1711), and the East India Company (especially after 1763) were all involved in one or another kind of governmental bailout scheme. . . . There were limited attempts, made by Alexander Hamilton, Henry Clay, and other proponents of large government and of governmental protection and subsidy of enterprise, to imitate the European example on these shores. . . . But those explicit bailout, protection, and subsidy schemes usually were of limited duration and eventually either failed or were abandoned, with the exceptions of the protective tariff and the land grants to railroad companies in the West during the second half of the nineteenth century.

  In continental Europe, there was a rising fascination throughout the nineteenth century with central planning, with cooperation between government and industrialists, and with social movements that we now call corporate statism or even, in its post-Mussolini manifestations, fascism.  The political economy model of the corporate state is rhetorically inconsistent with the classical liberal model that dominated the United States until the 1930s.  However, the principal distinctive feature of corporatism, an explicit partnership between large, incorporated businesses and the central government, rationally could have been expected to emerge as a distorted version of the American system whose theoretical origins and institutional structures were created by Hamilton and whose strongest proponent was Clay.  The most complete realization of this system was the governmental assistance to and tariff protection of perpetually chartered corporations under Republican administrations after the Civil War. (see Hicks [1961], pp. 54-95).

It goes on to relate on page 7

  Hoover's relations with bankers and the Federal Reserve reached a turning point in May 1931.  Until then, apart from occasional letter-writing and other jaw boning exercises, Hoover did not take "direct action" of his own against banks or the Fed after the October 1929 crash.

On May 7, 1931, Hoover learned of the dire economic and political circumstances in Germany (analogous to those of Russia in 1993) and apparently promised some form of U.S. assistance to support "the efforts of liberal-minded men in Germany, Austria, and Eastern Europe to sustain their representative governments against the political forces besetting them" . . .

By June 18, Treasury Secretary Mellon, who also was ex-officio chairman of the Board, reversed his earlier position against U.S. official assistance to the European central banks as runs on gold and foreign exchange reserves spread into Germany (ibid., p. 68).  The central banks' loans were coordinated through the Bank for International Settlements.  The Reserve Banks lent $1.08 million for Austria on May 30, $2 million for Hungary on June 19 (increased to $5 million on July 8), $25 million for Germany on June 26, and $125 million for the Bank of England on August 1

(Board of Governors, Annual Report [1931], pp. 12-13).

Meyer organized banking and industrial committees in the Federal Reserve districts "to help the economy get into motion again" in May-June 1932, with General Electric chairman Owen Young serving as the chairman of the New York district's committee (see ibid., p. 222; Federal Reserve Bulletin [1932], vol. 18, pp. 416-418).  The Board's Annual Report ([1932], p. 22), describes the impetus for the formation of these committees (which on their face would seem to be superfluous because their members were drawn from the same pools of men who served as Reserve Banks' directors).  According to that account, the Board's concern (ostensibly shared by the Reserve Banks) was that "steps should be taken to enlist the cooperation of bankers and business men in an effort to develop ways and means of making effective use of the funds which were being made available by the open-market operations of the System."  The Board apparently intended that the committees would conduct surveys in their districts with the purpose of detecting what now would be called "credit crunches," that is, determining "to what extent legitimate credit requirements of commerce, industry, and agriculture were not being supplied on account of a lack of banking facilities or for other reasons, and . . . acquainting prospective borrowers with possible sources of credit" (ibid.).

As Meyer's biographer describes it, at some time before the banking crisis became acute, probably between December 1932 and February 1933, the Board "had its counsel [Wyatt] prepare an executive order declaring a national bank holiday, to be used in case of necessity" (Pusey [1974]. p. 234).  Wyatt derived the statutory authority for proclaiming the president's emergency powers from the Trading with the Enemy Act of World War I (Olson [1988], pp. 30-31).  Meyer and the Board felt strongly that the proclamation was necessary as the state bank suspensions gathered momentum in the weeks prior to the inauguration of Franklin D. Roosevelt as president (March 4, 1933), and they were frustrated that Hoover seemed inclined only toward the milder remedy of limiting withdrawals of currency and gold (Pusey [1974], p. 234).

Hoover was willing to entertain the notion of an emergency proclamation limiting withdrawals, but only if Roosevelt authorized him to say that the president-elect also approved of it.

Hoover later wrote:

I had consulted our legal advisors as to the use of a certain unrepealed war power over bank withdrawals and foreign exchange.  Most of them were in doubt on the ground that the lack of repeal was probably an oversight by the Congress, and under another law, all the war powers were apparently terminated by the peace.  Secretary [or the Treasury Ogden] Mills and Senator Glass held that no certain power existed.  There was danger that action under such doubtful authority would create a mass of legal conflicts in the country and would incur the refusal of the banks to comply.  I then developed the idea of my issuing an executive order under this power, provided Roosevelt would approve.  My legal advisors agreed that, if he approved, it could be done because he could secure ratification in a few days from his overwhelming majority in the incoming Congress. (Hoover [1952], p. 205)"

Another telling indictment of the legal, as distinct from the political, basis for the emergency proclamation that the Board's general counsel prepared was the following exchange between Roosevelt and Senator Glass in Roosevelt's hotel room at 11:30 on the night before the inauguration:

[Roosevelt]: [Hoover says that the Board has asked him twice within the last three days to issue an emergency proclamation, but I told him that the governors of the states can take care of bank closings.]

[Glass]: "Yes, I know."

[Roosevelt]:  "The previous time [that the Board asked Hoover for the proclamation] I sent [incoming Treasury Secretary William] Woodin to [outgoing Treasury Secretary Ogden] Mills to tell him I would not give my approval to such a proclamation."

"I see.  What are you planning to do?" asked Glass.

"Planning to close them, of course," answered Roosevelt.

"You will have no authority to do that, no authority to issue any such proclamation, protested Glass.  It is highly questionable in my mind if you will even have the authority to close national banks -- and there is no question, at all, that you, even as President, will lack the authority to close banks chartered by the states."

"I will have that authority," argued Roosevelt.  "Under the Enemy Trading Act, passed during the World War and never rescinded by Congress, I, as President, will have the authority to issue such an emergency proclamation for the purpose, as the Act says, 'of limiting the use of coin and currency to necessary purposes.'"

"It is my understanding that President Hoover explored that avenue a year or two ago -- and again during recent days," said Glass.  "Likewise, it is my understanding that the Attorney General informed him that it was highly questionable if, even under this act, though it has never been rescinded by Congress, the President has any such authority.  Highly questionable because the likelihood is the act was dead with the signing of the Peace Treaty, if not before."

"My advice is precisely the opposite."

"Then you've got some expedient advice," returned Glass.  . . . [Glass then argued that the courts would find the proclamation unconstitutional because it would require the unwarranted closing of solvent banks and because, even if all the banks were known to be insolvent,] "I am sure such a proclamation could not legally include banks chartered by the states."  [Wyatt's written opinion of December 5, 1932, argued just the contrary, that the federal government could close state-chartered banks.]

"Nevertheless," declared Roosevelt, "I am going to issue such a proclamation."

Convinced though he [Glass] was there had been no need for closing the banks [Glass believed that only insolvent banks could not withstand the runs of February-March 1933] and certain, too, the President was without constitutional authority for his act, those convictions were lost causes.  (Smith and Beasley [1972], pp. 341-343

As is generally known, one of President Roosevelt's first official acts after taking office on Inauguration Day (Saturday, March 4, 1933), was to proclaim an emergency, three-day, nationwide banking holiday, signed and effective Monday, March 6.  Late in the preinaugural banking crisis, on March 3, the Federal Reserve Board and the New York Reserve Bank's Governor Harrison had agreed that the Board would issue an order closing all the Federal Reserve Banks.  New York Governor Herbert Lehman, at the urging of Governor Harrison, also agreed to proclaim an emergency bank holiday in New York, and a similar action was taken in Illinois.  Thus, the Board had placed first Hoover and then Roosevelt in a position in which, as a practical matter, the president could not allow Monday to arrive without some kind of emergency proclamation (Pusey [1974], p. 237).

. . . Representative Hamilton Fish of New York, after Roosevelt's first 'fireside chat' on March 12, 'proudly pronounced the new regime "an American dictatorship based on the consent of the governed without any violation of individual liberty or human rights" ' (ibid., p. 15).  The text of that fireside chat, 'relative to the banking situation,' is printed in full in the Federal Reserve Bulletin ([1933], vol.19, pp. 120-122), a circumstance, that in light of everything else that transpired then, causes one to wonder who actually drafted that text for Roosevelt.

Matthew Josephson describes the principal features of the early National Recovery Administration -- whose emblem became Johnson's famous NRA 'Blue Eagle' -- as follows:

The NRA introduced national planning under trade agreements called "codes," which were drafted by the different trade associations and administered mainly by representatives of business.  The whole scheme for control of production, for stabilizing wages, and for eliminating "unfair" competition, while granting immunity from antitrust prosecution, was conceived originally by President Gerard Swope of the General Electric and by the U.S. Chamber of Commerce; it was modified somewhat by granting labor a vague "bill or rights," the NRA 7(a) clause providing for workers' representation by unions of their own choosing.  . . . [The NRA . . . encouraged cartel organization in the various industries.  . . . Several of the largest employers, such as Henry Ford, consulted their lawyers and flatly refused to comply with such programs; Sewell Avery, head of the great Montgomery Ward mail order concern,  . . . resisted the NRA.  . . . In Washington there was a free-for-all as representatives of large and small businesses congregated in the capital to have their quotas of output, prices, and wages established to their liking.  (Josephson [1972], pp. 248-250)

The history of the NRA after June 1933 is described in Schlesinger ([1959], pp. 87-176).  Johnson, Tugwell, and other stalwart defenders of the NRA believed that the business production codes, combined with the organization of labor into collective bargaining units, would create a public sense of solidarity, or everyone joining forces in a common enterprise, a somewhat romantic notion that derived directly from the aspirations of the Catholic Socialism and Christian (that is, Protestant) Socialism movements of late-nineteenth-century Europe (see Gide and Rist [1913], pp. 483-514).  A "Blue Eagle" parade in support of the NRA drew large crowds in New York City in early September 1933, and industries submitted draft production codes to the NRA in the late summer and early fall.  Some industries tried to hold out for company unions instead of the independent unions required by Section 7(a) of the National Industrial Recovery Act (Schlesinger [1959], pp. 115-117, 136-151).

The Michigan People's Assembly and Grand Jury finds that Todd is describing President Roosevelt's New Deal as a form of corporate/ statism, and fashioned after Mussolini's fascism; a collusion between Government and major corporations, working together, granting themselves exemption from Anti-Trust Law.

The Michigan People's Assembly and Grand Jury finds that Working Paper 9405, by Walker E. Todd is proof that it was the Federal Reserve Bank who first wanted Hoover to come to their aid by calling for a Bank Holiday (closing of the Banks), and; we find that Hoover refused on the advice of the Attorney General, claiming he had no authority.

We, the Michigan People's Assembly and Grand Jury find that President Roosevelt was forewarned by Senator Glass against closing the Banks, but totally ignored his advice, as shown on page 30 and 31, and; that he was determined to close the banks as first recommended by the Federal Reserve Bank.

FINDING OF FACT

18)  The Michigan People's Assembly and Grand Jury finds that on November 10, 1798, the Kentucky legislature adopted what is known as The Kentucky Resolution, which spelled out the criminal jurisdiction of the United States, which was delegated to them by the Constitution, and they were as follows:

1.) to punish treason;  2.) counterfeiting the securities and current coin of the United states; 3.) piracies and felonies committed on the high sea, and; 4.) offenses against the law of nations.  It goes on to say:

"1.  Resolved, That the several States composing the United States of America, are not united on the principle of unlimited submission to their general government; but that, by a compact under the style and title of a Constitution for the United States, and of amendments thereto, they constituted a general government for special purposes -- delegated to that government certain definite powers, reserving, each State to itself, the residuary mass of right to their own self-government; and that whensoever the general government assumes undelegated powers, its acts are unauthoritative, void, and of no force: . ."

We, the Michigan People's Assembly and Grand Jury, further find that the Kentucky Resolution was a protest against the Alien and Sedition Acts passed by Congress, which sought to include and define other crimes, which were not delegated to them by the Constitution, such as:

" . . . An Act to punish frauds committed on the bank of the United States," (and all their other acts which assume to create, define, or punish crimes, other than those so enumerated in the Constitution,) are altogether void, and of no force; and that the power to create, define, and punish such other crimes is reserved, and, of right, appertains solely and exclusively to the respective States, each within its own territory."

The Michigan People's Assembly and Grand Jury further finds that the Alien and Sedition Acts passed by Congress then, were very much similar to the modern day "Trading With the Enemy Act, as amended," as issued on March 6, 1933 by Executive Order 2039, and Executive Order 2040 of March 9, 1933, creating an entire series of new federal crimes.

The Michigan People's Assembly and Grand Jury further finds that the Alien and Sedition Act was about to drive their States into a revolution, as stated in "8. Resolved", which reads in part:

". . . that the friendless alien has indeed been selected as the safest subject of a first experiment; but the citizen will soon follow, or rather, has already followed, for already has a sedition act  marked him as its prey: that these and successive acts of the same character, unless arrested as the threshold, necessarily drive these States into revolution and blood, . . ."

The Michigan People's Assembly and Grand Jury further finds that the Alien and Sedition Act was later repealed, after Jefferson was elected President, as having no authority under the Constitution.

FINDING OF FACT

19) The Michigan People's Assembly and Grand Jury finds that out of the Republican Governors Conference of 1994, there came THE WILLIAMSBURG RESOLVE, which document contains serious errors, as follows:

Page 1, paragraph 5 reads:

Chief among these checks were to be the State governments whose co-equal role was expressly acknowledged in the Tenth Amendment to the Constitution, and whose sweeping jurisdiction and popular support were presumed sufficient to resist Federal encroachment. The Federal government, by contrast, was given certain expressly enumerated powers and denied all others. From this balanced federal-state relationship, predicated on dual-sovereignty, there was to come a healthy tension that would serve as a bulwark against any concentration of power that threatened the freedoms of the people.

The Governors are guilty of the same error of which the federal government stands accused. State government does not have sweeping jurisdiction. State government is also bound by a constitution which delegates certain expressly enumerated and limited authorities and denies all others. There is no dual-sovereignty. State government is sovereign only to other State governments and to the federal government. Federal government is sovereign only to other national governments, which sovereignty it has ceded, without the authority to do so, to the United Nations. The only true Sovereigns are the people.

and

Page 2, paragraph 1 says:

The people of the States seek to regain control of their own destiny, and they have entrusted State leaders with the responsibility for achieving this fundamental

reform in our governmental system. We are pledged to fulfill this promise by restoring to the States and the people the prerogatives and freedoms guaranteed to them under the Constitution.

This is error number two. The people have not entrusted State leaders with the responsibility for achieving reform in our governmental system. The people are demanding that State agents immediately terminate their usurpation of undelegated authority; that they cease and desist in their efforts to prevent our governmental system from operating in proper and lawful fashion. The system needs no reform nor amending.

The Michigan People's Assembly and Grand Jury find that THE WILLIAMSBURG RESOLVE contains allegations of certain excesses and abuses that have been attributed to the federal government. State government is also guilty of these same excesses and abuses. If State government had operated within its own constitutional limitations, the federal government could not have gone so far in exceeding its authority. The appetite for power and control is not confined to Washington. It has been blatantly apparent in Lansing also.

II. CONCLUSIONS

1)  The Michigan People's Assembly and Grand Jury concludes that the original Trading with the Enemy Act of October 6, 1917, passed by Congress during World War I, was valid and constitutional.  Congress was within it's constitutional authority.

Article I, Section 8, Clause 11 states:

"The Congress shall have Power to declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water."

2)  The Michigan People's Assembly and Grand Jury further concludes that Executive Order 2039, of March 6, 1933 and Executive Order 2040 of May 9, 1933 are invalid and unconstitutional; and further all Executive Orders, Proclamations, statutes, judgments, etc. made thereunder, and made thereafter, are likewise invalid and unconstitutional, for the following reasons:

a.  Pursuant to Stoehr v. Wallace decided Feb. 28, 1921, which stated:

"The Trading With the Enemy Act, original and as amended, is strictly a war measure and finds its sanctions in the provision empowering Congress 'to declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water . . .'."

3)  The Michigan People's Assembly and Grand Jury concludes that in his inaugural address of March 4, 1933, President Roosevelt acknowledged that no invasion or rebellion had taken place.  Roosevelt proceeded by asking for:

". . . broad Executive power to wage a war against the emergency, as great as the power that would be given me if we were in fact invaded by a foreign foe."

4)  The Executive Order 2039 of March 6, 1933 was amended and in its final form included the American people and their transactions the same as "enemy" and made them subject to all the War-time Executive Orders, Rules, Regulations, Licenses etc.

5)  The Michigan People's Assembly and Grand Jury not only concludes that there was an Act of "Fraud" perpetrated against the American people, but also an Act of Treason, under Article III, Section 3 of the United States Constitution.

Section 3.  Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.

6)  The Michigan People's Assembly and Grand Jury conclusion is further supported by Senate Report 93-549, which states in part:

A majority of the people of the United States have lived all of their lives under emergency rule.  For 40 years, freedoms and governmental procedures guaranteed by the Constitution have, in varying degrees, been abridged by laws brought into

force by states of national emergency.

and further states:

"there is no present need for the United States Government to continue to function under emergency conditions."

and further states:

"In the view of the Special Committee, an emergency does not now exist.  Congress, therefore, should act in the near future to terminate officially the states of national emergency now in effect."

7)  The Michigan People's Assembly and Grand Jury's conclusions are further supported by Working Paper 9405 by Walker F. Todd, writing for the Federal Reserve Bank of Cleveland.  Coming "straight from the horse's mouth" -- Todd describes it as a "large-scale peacetime intervention," See page 2, Working Paper 9405.

and further:

Hoover later wrote:  "I had consulted our legal advisors as to the use of a certain unrepealed war power over bank withdrawals and foreign exchange.  Most of them were in doubt on the ground that the lack of repeal was probably an oversight by the Congress, and under another law, all the war powers were apparently terminated by the peace.  Secretary [of the Treasury Ogden] Mills and Senator Glass held that no certain power existed.

8)  The Michigan People's Assembly and Grand Jury makes the conclusion that the overwhelming evidence is: that the War and Emergency Power Act was enacted at a time when the country was at peace and was not under threat of invasion and not in a state of rebellion, which is the controlling factor in this case.

9)  The Michigan People's Assembly and Grand Jury further concludes that pursuant to the Kentucky Resolution, which spelled out the criminal jurisdiction of the United States to four specifics, i.e.: "1.) to punish treason;  2.) counterfeiting the securities and current coin of the United states; 3.) felonies committed on the high sea, and; 4.) offenses against the law of nations."

and further; that Congress had no other criminal jurisdiction, other than what was delegated to them by the Constitution,

and further; the Michigan People's Assembly and Grand Jury concludes that the War and Emergency Power is synonymous  with the Alien and Sedition Acts described in the Kentucky Resolutions of 1798; and further it is a matter of Res judicata.  Wheretofore, Executive Order 2039 of March 6, 1933, and Executive Order 2040, and all statutes, orders, judgments, etc., passed thereunder are all void and having no authority, whatsoever.

10)  In Michigan the "emergency clause" found on most legislation is a fraudulent usurpation of the people's right.

11) The Michigan People's Assembly and Grand Jury concludes that since March 9, 1933 the United States of America has been impoverished; during the past 45 years we have slipped from the wealthiest, most powerful nation on earth, to the world's greatest debtor nation, in imminent danger of catastrophic economic collapse, and further concludes that the exercise of War and Emergency Powers has impoverished the American and deprived Americans of unalienable rights, and have worked contrary to the safety, health, liberty and general welfare of the American people.

The Michigan People's Assembly and Grand Jury on behalf of the people, in and for Michigan Republic, hereby Command the defendants to Show Cause why the Emergency Statutes passed within this state should not be terminated, along with the War and Emergency Powers of the United States.  If the defendants should fail in any way to Show Cause, then this Finding of Fact and Conclusions by Our Court of First and Last Resort shall become a Superseding Judgment, and upon failure of the public to properly protest said judgment, it shall become, Case Res judicata.

The Court is instructed to issue all necessary documents.

I/we the Jurats of the Michigan People's Assembly and Grand Jury hereby attest and acknowledge that the above Finding of Facts and Conclusions are true, correct, certain, reliant and necessary to the well-being of the people of our Michigan Republic.

Our Finding of Facts and Conclusions of Law by our Michigan People's Assembly and Grand Jury is not reviewable by any other Court of the United States than in accordance to the rules of Common Law, per the seventh amendment to our National Constitution, nor subject to trespass by the judicial power of the United States as per the eleventh amendment to our National Constitution.

So agreed to and done this _____________ day of _______________________, 1995.