Like the Corporation Myth, the Ship Myth is based on flawed reasoning more than simply ‘wrong’ reasoning. Like a corporation, ships tend to be named and registered with an all capital letters name. This is largely because ships are typically incorporated under their name as stand- alone corporations for liability purposes.
Those who champion this myth combine the all capital letters name with the concept that a ship is ‘birthed’ and children are ‘birthed’. Ergo, as the myth goes, the all capital letters name used to refer to the individual is a reference to, and evidence of, the name being a refence to a ship. As the myth goes, this is further evidence that we are in Admiralty. The claim of admiralty has cause some believers in this myth to attempt to claim that they are operating in admiralty jurisdiction, and then to attempt to claim, similar to the “straw man” defense, that they are not consenting to admiralty jurisdiction. However, it must be recognized that in the course of changes to the court system in America, Admiralty, Chancery, and Civil courts were all merged as each dealt in an aspect of equity law. Admiralty jurisdiction then was relegated to a special class of pleading in civil court for the enforcement of contracts on the open waters, and for insurance claims dealing with chattels shipped over the open waters. Thus, Admiralty is a long ago assimilated jurisdiction; and only civil jurisdiction exists. As will become apparent in the coming posts, where a case is brought against the estate, it too is brought in rem, and thus in civil court.
Here, again, we find that necessary filings with various agencies are not made which, if this myth were true, would necessarily be made and would be easily discovered. For example where a new vessel, the term for a ship or boat, is registered there must be an “Application for Registration Number, Certificate of Ownership, and Certificate of Number for Undocumented Vessel” filed with the Department of Motor vehicles in the state the boat is to be used in. This is not done with a newborn.
By international law, every ship is to be registered with its “flag state”, which is its country of origin, and “A ship’s flag state exercises regulatory control over the vessel and is required to inspect it regularly, certify the ship’s equipment and crew, and issue safety and pollution prevention documents. The organization which actually registers the ship is known as its registry. Registries may be governmental or private agencies. In some cases, such as the United States’ Alternative Compliance Program, the registry can assign a third party to administer inspections.”
Additionally, the National Coast Guard has a “National Vessel Documentation Center” which provides, among other things, the documents and fees necessary for the registration of a vessel. Of interest here is the “Multi-Year Certificate of Documentation” which shows the registration fee is $26.00 per year for a vessel, or a multi-year certificate can be had for $130 for five (5) years. This fee is never demanded or collected from the parents or the child upon maturity. Hence, the child is not a ship.
It can be argued, if only briefly, that the passport could satisfy the “ship’s flag” portion of the international laws. However, this is debunked easily when one considers that the passport is not issued to the child upon birth, nor even while the child is a minor. It is issued only to those who have reached the age of majority and where an application has been made for it. More will be discussed about the passport in a later post, but suffice it to say, the passport does not save this myth nor lend any truth to it.