Executive Order 6102
Quote:
Executive Order 6102 required all persons to deliver on or before May 1, 1933, all but a small amount of gold coin, gold bullion, and gold certificates owned by them to the Federal Reserve, in exchange for $20.67 (equivalent to $371.10 today[3]) per troy ounce. Under the Trading With the Enemy Act of 1917, as amended by the recently passed Emergency Banking Act of March 9, 1933, violation of the order was punishable by fine up to $10,000 (equivalent to $180 thousand today[3]) or up to ten years in prison, or both.
So, the Trading with the Enemy Act of 1917 was amended by the Emergency Banking Act of March 9, 1933 leading up to EO 6102.
Thus, WAR POWERS were used to condemn and confiscate gold from private owners.
There was a problem with EO 6102 and later its modification EO 6111. It was ruled void by a federal district court.
Allow me to clarify, the EO was ruled void but the power of government to confiscate/seize/condemn property .... ANY PROPERTY ... was upheld.
Only one person was ever prosecuted under the act, a New York attorney by the name of Frederick Barber Campbell.
This court case will clear up many misconceptions most people have concerning this period in American history:
Campbell v. Chase National Bank (1933)
HJR-192, EO 6102 & 6111, the Emergency Banking Relief Act of 1933 ..... all chicken feed.
The real power concerning the confiscation of gold coin during this period was
EMINENT DOMAIN.
EMINENT DOMAIN is a SOVEREIGN PREROGATIVE. You should eventually find this out in your study of Common Law.
I find it interesting that the term eminent domain or
dominium eminenss (L. supreme lordship) was taken from a treatise written by the Dutch jurist, Hugo Grotius, concerning the law of war; conquest; and dominion titled
De Jure Belli Ac Pacis (On the Law of War and Peace).
I say
dominium eminens has its roots in war powers.
It isn't classed as such in the modern era, but it has its roots in the right of the conqueror to take what he pleased without limitation.
Today, the steel glove's appearance is covered in velvet in an attempt to obscure its roots .....
So-called private property is subject to the sovereign's interests at least in the opinion of the courts.
Gold and silver coin issued by the sovereign is considered the sovereign's.
This is one of the reasons I don't recommend anyone new to law study statutes out the chute. One needs to study history, politics, political economy, and sociology before studying law and ultimately statutes.
Law and statutes are absolute garbage without the history and the political exigencies, intentions, and motivations of the law makers.