2011/03/30

Notice of silver claim

The following was sent to the  U.S. agent for holding the silver seized from the Liberty Dollar organization:


I hereby certify that I am the bearer of Liberty Dollar warehouse receipts and an interested party in any forfeiture action regarding my property. I demand the return of my property in a timely manner and to be informed with sufficient time to reply to any and all actions until my property is returned.

It has been suggested that that I offer to accept "fair market" value of the silver in lieu of the silver itself. That is not acceptable, for the following reasons:

1. The silver was purchased and the warehouse receipts received on the territory of the State of Texas, and not within a federal enclave established under U.S. Const. Art. I Sec. 8 Cl. 17. Therefore, they are subject only to the legal tender laws of the State of Texas.

2. The State of Texas has not established gold or silver as legal tender within the State, which are the only things it may make legal tender under the U.S. Const. Art. I Sec. 10 Cl. 1. Texas statutes only reference legal tender of the United States, but the United States Congress has no constitutional authority to make anything legal tender within state territory. Therefore, there is no legal tender defined in the State of Texas.

3. With no legal tender defined, there can be no substitution of anything of equivalent "fair market value" for the items purchased, not even of equivalent amounts of silver from a different repository. It has to be from that repository unlawfully seized by the U.S. government.

4. Furthermore, the silver must be delivered to me at no charge for delivery. That was the terms of the original purchase and by seizing the silver the U.S. government has assumed liability under those same terms.

Under no circumstances will I accept federal reserve notes in payment for any debt by the U.S. government. The "full faith and credit of the United States" no longer has any value, if it ever did. The U.S. government may accept them for payment of debts to it, but it has no constitutional authority to prescribe what others are to accept in payment from it to them, except on non-state U.S. territories, which are the only places on which the U.S. Supreme Court decisions in the Legal Tender Cases constitutionally apply.

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