PUBLIC MINISTER

Public Minister

The term “Public Minister” does mean:

Public Ministers take rank, upon the date of the official notification of the existence of their intent to serve as a Public Minister, pursuant to the civilized laws governing, and provided for, such service.

>A) A Public Minister is a representative of one Judicial Jurisdiction, to a Judicial Jurisdiction of a foreign authority or power.

>B) Ministerial Power and Duty  - the powers and the corresponding required duties associated with those powers:

DEFINITION – A “Donee” is a member of the public who is invested with a power of appointment; the party executing a power; ideally, the true power of appointment to this office exists by the already proven devotion of the person, acting in the capacity of a Public Minister, to render legitimate service for his countrymen, generally the Public. Ministerial Power is the civilian or domestic counterpart of the Military Power. The finest well-known historical example of a Public Minister is Jesus Christ. “No greater love hath a man than that he would lay down his life for his friends.”

Ministerial Powers are powers given for the general good, not exclusively, necessarily, or at all  for the good of the Donee himself, but for the good of several parties, also including or not including the Donee.  That is, these powers are for the good of the public, generally, and then indirectly for the Donee as a member of the public.

The powers and corresponding duties are called powers and duties because the Donee-Executor, of those powers and the corresponding duties, is serving as a Minister or Public Servant in his exercise of those powers and duties.

The power and duty of the Public Minister rests upon the Law of Nations as well as upon Treaties. The primary duty of the Public Minister is the protection of the interests of his countrymen. The establishment of Ministerial Power is by character, not by governments.

>C) The Public Minister’s protection of the interest of the parties of the judicial jurisdiction represented; concerning that which the Public Minister protects.

Public Ministers are bound to see that the unknown or foreign authority laws of the jurisdiction wherein they officiate are properly administrated, so as to protect the interests of their nationals. Their official character as a Public Minister / Public Servant must be taken as sufficient evidence of authority to perform all of those acts that customarily, or by statute or code, are entrusted to Public Ministers for performance, for example: 42 USC § 1986 and 18 USC § 4.

The authority of a Public Minister to protect the estates and the rights of his countrymen within his judicial jurisdiction, from loss or waste, is recognized by all civilized nations as inherent in the Office of Public Minister under the accepted Principles of International Law, and the tribunals have consistently given recognition to the power of a Public Minister, of a judicial jurisdiction foreign to the jurisdiction of the tribunal, to assert or defend the property rights as well as the personal rights of his nationals, irrespective of whether or not he has been accorded the right to represent them in tribunal by provision or otherwise.

Even in the absence of specific authorization to act as the personal agent of his nationals, and in the absence of a treaty, a Public Minister, duly recognized, has, under the Principles of International Law, the authority and the privilege to represent his fellow countrymen in the tribunals of the state.

A Public Minister is authorized to assert claims in behalf of his nationals, even where the claimants are unknown. However, he must have specific authority, by criminal statute or otherwise, before he can obtain actual restitution or proceeds.

The Public Minister, and all people generally, must always be aware of the fundamental foundational principle of human civilization:

“If righteousness is not made profitable, then corruption will prevail.”

>D) Immunity of Public Minister – concerning that which protects a Public Minister;

The rule that tribunals have no jurisdiction over a foreign sovereign extends also to its Public Ministers.

In Public Law 1790, Statutes at Large 117, Chapter 9, codified in 22 USC Section 252, it is provided that whenever any Writ or Process is sued out or prosecuted by a person in any tribunal of the United States or of a state, or by a Judge or Justice, whereby the person or any Public Minister of a foreign jurisdiction, or any foreign or domestic servant of any such Minister is arrested or imprisoned or his goods or chattels are distrained, seized, or attached, such Writ of Process shall be deemed void.

It is also provided that whenever a Writ of Process is sued out in violation of this prohibition, every person by whom the same is obtained or presented, whether as a party, or as attorney, or as solicitor, and every officer served in executing it, shall be deemed a violator of the Laws of Nations and a disturber of the public repose, he shall be subject to the penalty provided by Law.

See Public Law 1948, Chapter 645, 62 Stat 688, codified in 18 USC § 112, and Public Law 1871, Chapter 22 Sect 6, 17 Stat 15, codified in 42 USC § 1986.