BS -vs- Bullion (part 1)

A Common Lawyer Comments


Winters Inn of Court

BS -vs- Bullion

Part 1

My story is curious, but this I know,

When it happens to you, here’s how it will go.

In your haste for your bonanza, you’ll try to stay true,

Hoping against hope, good will happen to you.

But it’s BS, ‘less it’s bullion! The old miner did say;

His wise words still echo, by night and by day.

And as you moil for gold, you can hear them resound,

While working some liar’s hole, way down in the ground.[i]

[i] From Brent Allan Winters, The Law of the Miner.

Americans should demand gold and silver coin over paper money for five reasons: 1) our present economic plight, 2) our Constitution’s demand, 3) our common law’s first principles, 4) Scripture’s testimony, and 5) history’s lessons.

Working in the gold mines, I learned the ancient Laws of the Miner:

First, most gold mines are holes in the ground with liars at the top and dupes at the bottom.

Second, a hundred percent of nothing is nothing.

Third, no sense fighting over gold before you find any.

Fourth, gold is where you find it.

Fifth, if it runs around in the gold pan, don‘t chase it, ‘cause it ain’t gold.

Sixth, fools-gold sparkles only in the sun; real gold always lusters, even in the shade.

Seventh, competition is not only the life of trade but also the very trade of life.

Eighth, eighty percent of the gold is in the deepest twenty percent of the pay dirt.

Ninth, the closer you get to gold, the more false sparkles you will see.

Tenth, promises are words, words are wind, and wind without bullion is BS.

Back home, BS was known and understood. Dad had been in the oil business and Grandpa and Dad were in the bull business. In both, BS came with the territory: Bottom Sediment in the oil collection tank and Bull S–t in the cattle barn. Both were plentiful. The need to get rid of them was a simple matter of economy: if BS was not shoveled out, the oil tank and cattle barn filled with it, preventing production. Accordingly, the letters “BS” have come to signify that which is plentiful, but an irritating hindrance. It pays, therefore, to keep BS to a minimum.

Paper money is plentiful. In fact, within the last three years the Federal Reserve Bankers have issued nearly four times more of it than has been issued in all our nation’s previous history. Let that soak in.

Bottom line: a country’s failure to distinguish and choose bullion (gold and silver) over BS (paper money) will destroy that country. It is not a question of if it will, but only of when. Unless it’s measureable in carats, it’s counterfeit. These things the central bankers know. Accordingly, they hoard gold for themselves and issue counterfeit paper money to all others—refusing even to back these purported promises with the gold they have hoarded. Worse yet, congressmen, presidents, and judges protect their sham with vengeance.

First, unless we replace paper money with gold and silver we will continue our present plight of oppression.

Remember, our oppression is not by a system or ideology, such as communism or Islam,[1] but by men, plundering and abusing[2] Americans. The system may be their tool, but men are the criminals. The Fed caused our banks and economy to fail (for the up-tenth time), then demanded that the American taxpayer bail them out, took the bailout money, and gave it to their American and foreign family and friends, who are also bankers.

Even at its high price, local buyers purchase gold because the middlemen are paying for it; and the middlemen are buying because the central bankers have the taxpayers’ money via the income tax to buy it from the middlemen.

Keep in mind, not one penny paid in income taxes goes to support any function of government. It all goes, said the Grace Commission, to the Federal Reserve Bankers by way of interest payments. But why pay interest on worthless IOUs that Congress printed and gave to the Federal Reserve Bankers at printing cost: about 6 cents per bill—whether $1 dollar bill or a $100 dollar bill?

Collapse this shell game into a single transaction, and one sees that the central bankers are buying this gold with the seller’s tax payments. The bankers get the gold, which always retains its buying power; the people get the bankers’ paper, which never does.

The issue which has swept down the centuries, said historian Lord Acton, and which will have to be fought sooner or later is the people versus the banks.

Indeed, the question of the banks and their monopoly power to issue and debase money controls all other questions in this present life on earth. The United States is the only country that has ever successfully fought the bankers’ cabal: loaning money to a country at interest, the very country that printed it and gave it to them for nothing in the first place. We succeeded from Britain’s Empire to rid our selves of England’s central bankers. Presidents Jefferson, Jackson, and Lincoln warned us that such men are vicious vermin.

How does their sham work? Keep in mind, since fraud is the goal, one cannot expect these transactions to make sense.

Lets say a leading U.S. Senator and some bankers come up with an idea for a money making machine. It works like this:

First, the Federal Reserve Bank[3] gives Congress an IOU (a promise to pay called a bond) for $100.

Second, Congress prints an IOU (called a Federal Reserve promissory note), payable from the Bank to Congress for another $100 and gives it to the Bank. The Bank then pays the 6-cent printing cost, and signs it. That Congress prints these Federal Reserve Notes and not the Bank is to give the appearance of legality.

At this point Congress has a right to demand $200 from the Bank. And the Bank is out an additional 6 cents, the cost of printing one more IOU.

Third, Congress prints seven more $100 IOUs (called Federal Reserve Notes), by which the Bank promises to pay Congress $700 more, and sells them to the Bank for 42 cents (printing cost), with the understanding that Congress will demand payment only on the first and second $100 IOUs, but will never demand payment on the following seven IOUs. Simply put, though the law will support Congress’ demand of the entire $900 of IOUs, Congress agrees to demand only $200 of them. Strictly speaking, nothing so far is illegal. Indeed, no law forces Congress—or any other debtor—to demand payment of a debt. So far, no harm, no foul. But here on out, the stew grows foul.

In return for this unwritten favor not to demand payment on the $700 of IOUs,[4] the Bank agrees to do two things for Congress: first, sign as many IOUs as Congress wants to print; second, loan to Congress any amount of these IOU’s (Federal Reserve Notes called money) it has signed—of course Congress lays the burden of paying back principle and interest on the taxpayer. And these IOUs are, in fact, worth nothing: mere promises of more promises, ad infinitum. Just as courts ought not enforce an agreement to agree to make an agreement; so also no court should enforce a promise to issue more promises, none of which ever say what is promised. Why? Because merely using the word “promise” without more gives the court no payment to enforce.

To sum up: with their unwritten side agreements, the Bank has nothing of value to loan but the mere appearance of a promise. It can loan out and collect interest on $900; enabling it to pay off the $200 it owes Congress, but also to grow rich off the interest on $900 worth of loans.

But the Senator and the Bank must do something to keep their victims from uncovering their secret side agreements, which would incite the people to demand that the congressmen and bankers be jailed.

So Congress passed legislation forbidding any audit of any the Federal Reserve Bank’s finances and financial dealings.

This arrangement of illusory promises (the means), though appearing technically legal as a matter of contract law, are worthless; and its purpose (its end) is to defraud. It is therefore a crime. Simply put, it is a crime to achieve by legal means a goal that is illegal. The law of crimes calls such an arrangement a conspiracy (an agreement) to defraud; and its participants it calls co-conspirators.

Very clever: sounds like a contract; feels like a contract; smells like a contract—but it’s not. Why? Because a contract is an agreement the courts can enforce; and no court can enforce the words “I promise,” if nothing is promised. Congress’ agreement to indebt the country in exchange for the Bank’s promise to loan as many false promises (Federal Reserve notes) to Congress as Congress wants to print and give to the Bank in exchange for the empty promises (bonds) the Bank gives Congress. In fact, the law forbids any court to enforce such an empty shell game.

By the way, do not expect to make sense of the previous paragraph. This circuit of transactions—, beginning with worthless paper IOUs and ending where they began, having laundered the IOUs into supposed worth—when collapsed into one, is a nullity, as empty of value as a blown bladder.

The upshot? The Bank can loan out at interest $900 of worthless of IOUs. Congress can get all the loans it wants from the Bank. And to keep this sham from being un-covered, Congress has pushed legislation barring anyone from auditing the Bank’s financial affairs. But to make matters worse, Congress has given the Federal Reserve Bankers absolute secrecy in all their dealings, domestic and international, saying they need it to protect our economy. Really? If the state of the economy is any indication of their ability or desire to keep our economy stable, its time the Federal Reserve Bankers are audited, in detail.

This confusion alone should convince any sound mind of an illegitimate union between government and the Federal Reserve Bank. Their supposed money machine is like most gold mines: a hole in the ground with liars at the top and dupes at the bottom.

It is an illusion, a ruse, a fantasy. There is no contract to enforce, nothing of any worth to deliver. No court can find value in empty promises such as Federal Reserve Notes because they are merely illusions, purporting to be a promise, using legal lingo meant to signify a promise of value such as Federal Reserve Note written across the top of the paper, along with the impressive words Treasury of the United States. Like a true promissory note, Federal Reserve Notes do say, “I promise.” But unlike true promissory notes, they do not say what they promise. Promise what? Love and affection? Answer? No. Nothing, not even that. A hundred percent a nothing is nothing.

Income taxes are the device intended to bind all in this empty charade. The first sentence of an often-consulted treatise on criminal tax law says every American that files a tax return is a potential target for grand-jury indictment.

Evil men now replace our common-law courts and government with civil law’s international, admiralty, and martial law: rule by distant decree, searches without warrant, tribunals without due process, and criminal convictions without the Jury. The same abuses and usurpations our Declaration of ’76 cite are again afoot in the United States—but with an even greater vengeance than then.

Thus is America’s plight of oppression, in its folly laid bare. Americans are subdued into a fantasy, an empty hole in the ground, moiling for written promises of nothing.

In the next blog I hope to discuss four more reasons to correct this sorry state of affairs: 1) our Constitution’s demand, 2) our common law’s first principles, 3) the Scripture’s testimony, and 4) history’s lessons.

Brent Allan Winters © March 2012

For Brent’s further comments concerning the Constitution’s Gold and Silver Clause see Brent’s Book—

United States Constitution & Declaration of Independence:

A Common Lawyer Comments—Clause by Clause (2010).

Available in book form & audio CD at


Order by e-mail:

Brent Allan Winters grew up on a farm in Southeast Illinois; served as Dive Team member (Navy Mobile Diving 1) and aboard carrier USS Coral Sea; worked as a hard rock and placer geologist; ran for U.S. Congress; has represented clients in six foreign countries, argued before the Jury and appellate courts (both State and federal) in four States, and has briefed cases in the United States Supreme Court. Brent and Susan, his wife of thirty-five years, have eight children and four grand children. Our common-law way of life and thought, says Brent, is not only the lifeblood and backbone of our Declaration and Constitution, but also the object of zeal that delivered our country through the birth pangs of battle to nationhood and, at bottom, is still the fellowship that defines Americans to the rest of the world. Keep it and it will keep your country.

[1] No mere thing has ever oppressed anyone because no mere thing has the mind or will necessary to be charged with breeching responsibility. Men are the oppressors, using things—from governments to ideologies—for their tools of oppression.

[2] Abuse is the ugly enjoyment of dominating others. Due to the confusion that the IRS and the courts have perpetrated, the distinctions between profit, gain, and plunder bears repeating. Profit and gain are lawful; plunder is unlawful. Profit is money one makes above his investment. Gain is the increase one realizes in a good bargain, buying low and selling high.  Plunder, by contrast is theft: taking that which belongs to another by force, threat of force, or deceit. Where the worth of money is not fixed but always decreasing, neither profit nor gain is calculable and plunder is ongoing.

[3] It is the badge of fraud that its perpetrators describe the components of their sham using lies. For instance, the Federal Reserve Bank so-called is neither federal (neither it nor its share holders are a part of the federal government) nor does it hold any reserves (all it has are the supposed rights to illusory promises, i.e., the words “I promise” without ever saying what is promised, except maybe more empty illusory promises). Such an unenforceable promise is no promise at all.

[4] The law sometimes calls such a confidential understanding a side agreement.


Brent Allan Winters grew up on a farm in Southeast Illinois; served as Dive Team member (Navy Mobile Diving One) and aboard carrier USS Coral Sea; worked as geologist and mining engineer; ran for U.S. Congress; has briefed cases in the U.S. Supreme Court, argued before the Jury and appellate courts (State and federal) in four States, represented clients in six foreign countries, and clerked for a State appellate judge. Brent and Susan, his wife of thirty-four years, have eight children and four grand children. Our common-law way of life and thought, says Brent, is not only the lifeblood and backbone of our Declaration and Constitution, but also the object of zeal that delivered our country to nationhood and remains the fellowship that defines Americans to the world. Keep it and it will keep your freedoms.
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