'Saving To Suitors' Common-Law Remedy
Districts, formed in 1790 for handling the financial obligations
of the United States could not come into existence until after formal
expression of remedy in the 'Saving To Suitors' clause (1789) quoted below and
codified at Title 28 U.S.C.A. §1333: "...the United States, ... within
their respective districts, as well as upon the high seas; (a) saving to
suitors, in all cases, the right of a common law remedy, where the common law
is competent to give it; and shall also have exclusive original cognizance of
all seizures on land,..." The First Judiciary Act; September 24, 1789;
Chapter 20, page 77. The Constitution of the United States of America, Revised
and Annotated - Analysis and Interpretation - 1982; Article III, §2, Cl. 1
Diversity of Citizenship, U.S. Government Printing Office document 99-16, p.
741. (emphasis added)
SAVINGS TO SUITORS CLAUSE defined: That provision in 28 U.S.C.A. §
1333(1) which gives the U.S. District Courts original jurisdiction,
"exclusive of the courts of the state" of any civil case of admiralty
or maritime jurisdiction, "saving to suitors in all cases all other
remedies to which they are otherwise entitled." The "saving to
suitors" clause of the section of the Judiciary Act implementing
constitutional provision extending federal judicial powers to cases of
admiralty and maritime jurisdiction means that a suitor asserting an in
personam admiralty claim may elect to sue in a "common law" state
court through an ordinary civil action, and in such actions, the state courts
must apply the same substantive law as would be applied had the suit been
instituted in admiralty in a federal court. Shannon v. City of Anchorage,
Alaska, 478 P.2d 815, 818. Black’s Law Dictionary Sixth Edition (page 1343)
SUITS IN ADMIRALTY ACT defined: Federal statute giving injured
parties the right to sue the government in admiralty. 46 U.S.C.A. §§ 741-752.
Donily v. U. S., D.C.Or., 381 F.Supp. 901. See also Sovereign immunity.
FOREIGN NATION or STATE defined: A nation totally independent of
the United States of America 2. The constitution authorizes congress to
regulate commerce with "foreign nations." This phrase does not
include an Indian tribe, situated within the boundaries of a state, and
exercising the powers of government and sovereignty. 5 Pet. R. 1. Vide Nation.
A Law Dictionary Adapted To The Constitution and Laws of the United States of
America and of the Several States of the American Union by John Bouvier Revised
Sixth Edition, 1856
Whereas defined pursuant to; For purposes of this chapter— (a) A
“foreign state”, except as used in section 1608 of this title, includes a
political subdivision of a foreign state or an agency or instrumentality of a
foreign state as defined in subsection (b). (b) An “agency or instrumentality
of a foreign state” means any entity— (1) which is a separate legal person,
corporate or otherwise, and (2) which is an organ of a foreign state or
political subdivision thereof, or a majority of whose shares or other ownership
interest is owned by a foreign state or political subdivision thereof, and (3)
which is neither a citizen of a State of the United States as defined in
section 1332 (c) and (e) of this title, nor created under the laws of any third
country. (c) The “United States” includes all territory and waters, continental
or insular, subject to the jurisdiction of the United States. See: http://www.scribd.com/doc/189543884/Statutes-Replaced-With-International-Law-Public-Notice-Public-Record
DISTRICT OF COLUMBIA defined: The name of a district of country,
ten miles square, situate between the states of Maryland and Virginia, over
which the national government has exclusive jurisdiction. By the constitution,
congress may " exercise exclusive jurisdiction in all cases whatsoever,
over such district, not exceeding ten miles square, as may, by, cession of
particular states, and the acceptance of congress, become the seat of
government of the United States." In pursuance of this authority, the
states of Maryland and Virginia, ceded to the United States, a small territory
on the banks of the Potomac, and congress, by the Act of July 16, 1790,
accepted the same for the permanent seat of the government of the United
States. The act provides for the removal of the seat of government from the
city of Philadelphia to the District of Columbia, on the first Monday of
December 1800. It is also provided, that the laws of the state, within such
district, shall not be affected by the acceptance, until the time fixed for the
removal of the government thereto, and until congress shall otherwise by law
provide. 2. It seems that the District of Columbia, and the territorial
districts of the United States, are not states within the meaning of the
constitution, and of the judiciary act, so as to enable a citizen thereof to
sue a citizen of one of the states in the federal courts. 2 Cranch, 445; 1
Wheat, 91. 3. By the Act of July 11, 1846, congress retroceded the county of
Alexandria, part of the District of Columbia, to the state of Virginia. A Law
Dictionary Adapted To The Constitution and Laws of the United States of America
and of the Several States of the American Union by John Bouvier Revised Sixth
Edition, 1856 See: http://www.scribd.com/doc/185991988/Common-Law-Trust-District-of-Columbia-Defined-Public-Notice-Public-Record
Whereas defined pursuant to: The 11th Amendment states “The
Judicial power of the United States shall not be construed to extend to any suit
in law or equity, commenced or prosecuted against one of the United States by
Citizens of another State, or by Citizens or Subjects of an Foreign State.” A
foreign entity, agent, agency, or state cannot bring any suit against an
American who is not a U.S. Citizen.
A foreign nation is immune from the jurisdiction of federal
and state courts. [28 U.S.C. Sec. 1601-1611] Black's Law Dictionary Sixth
Edition (page 1396)
Whereas defined pursuant to; Immunity of a foreign state from
jurisdiction: Subject to existing international agreements to which the United
States is a party at the time of enactment of this Act a foreign state shall be
immune from the jurisdiction of the courts of the United States and of the
States except as provided in sections 1605 to 1607 of this chapter.
Whereas defined pursuant to: Immunity from attachment and
execution of property of a foreign state: Subject to existing international
agreements to which the United States is a party at the time of enactment of
this Act the property in the United States of a foreign state shall be immune
from attachment arrest and execution except as provided in sections 1610 and
1611 of this chapter.
3 comments:
Legalese gobbledygook. Meaningless and not at all useful to the common HUMAN person.
See http://savingtosuitorsclub.net/cmps_index.php and http://iuvdeposit.wordpress.com/
reply to Anonymous 10:28 AM
Truth - “The recognition of the law of the cause and effect, also known as karma, is a fundamental
key to over-stand how you’ve created your world, with actions of your body, speech and
mind. When you truly over-stand karma, then you realize you are responsible for everything
in your life. It is incredibly empowering to know that your future is in your hands.”
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