You are on page 1of 48

Key to Americas Republics

As you read the following, keep aware of Mark Twains paraphrasing of a Rule of Law "maxim#, Truth is stranger than fiction, for fiction must at least seem reasonable. The following discussion is thoroughly documented from original law books and some court decisions. An extensive list of original sources is appended for authentication. No arbitrary nor unfounded statements are presented. the following is distilled to the absolute essence from four decades of independent research and collecting law books spanning at least five centuries. The following is currently and has in the recent past been successfully used in court cases % you wont learn about them from the media! As Joe Trippi wrote during the 2004 presidential campaign, The Revolution Will Not Be Televised. The following has been and is still being suppressed by the powers that be. So, let the scales fall from your eyes. Error artfully disguised (colored, fraud, misrepresentation) is, in many instances, more probable than naked truth; and frequently error overwhelms truth by its show of reason. 2 Coke, 73; The quickest and most effective means of ending governmental abuses or any undesired or oppressive acts is by severing their funding. One Principle upon which Americas War for Independence from England was engaged, Taxation without Representation. Since only U.S. citizens "see true definition below# have the privilege of voting in our contemporary professed political elections, American natives, or Native Americans, ss. Americans, all three of which are identical terms "see Websters Dictionary, 1828 Edition, quoted below#, cannot be represented in the current political bodies controlling America today: Hence, by American Law, Americans cannot be taxed by those entities currently in control; Another equally vital Principle upon which Americas War for Independence was fought, the sacredness of private property lawfully obtained through Ones Labor; And, that all Things private cannot be taxed being superior to all governmental bodies, having existed precedent. Furthermore, ownership of private property is a Right guaranteed and secured by Americas Declaration of Independence and Constitution % No Right may be taxed! See infra That inherent Principle to American Government is expressly engineered by Americas Founders to deliberately limit the size and power of government at every level by deliberately limiting governments access to funds. That is easier than might at first appear, but it does take courage and persistence. The Supreme Court of the United States has repeatedly ruled that the receipts from Ones labor is private property and cannot be lawfully taxed. There are at least sixteen "16# such decisions spanning at least eighty years: see infra. The first steps follow: The two keys to unlocking American freedom are lawful establishment of ownership of real and chattel properties; and, divorcing ones self and family from the unlawful concept of U.S. citizenship, see below. The moment the idea is admitted into society that property is not as sacred as the laws of God, and there is not a force of law and public justice to protect it, anarchy and tyranny commence. John Adams; No where within the American Constitution is the term U.S. citizen used or implied. Neither is that term used by Americas Founders nor by American Law scholars and judiciary throughout the 18th- and 19th centuries. Noah Webster provides clear explanations in His American Dictionary of the English Language..., First Edition "1828# at His entries for American and Native, see below. Americans do not own any property of value, ss. land and substantial chattels which retain marketable value and utility, particularly motor vehicles. The two major contributing factors to the Dilemma are: no Knowledge of the law of contracts and due process of law: which means simply knowing the correct forms for certain necessary instruments for certain interactions and the correct series of steps for accomplishing the correct instruments in the correct sequence to achieve the desired goal, as well as correct English grammar and vocabulary; e.g., one of the most popular expressions used by Americans for at least the last half-century is, You know what I mean. Ownership of land under American Law cannot be properly and fully conveyed by Warranty Deed; Land is properly and fully conveyed by Deed in fee simple, ss. Freehold. Ownership- or title in fee simple is erroneously known throughout the so-called patriot movement as allodial title. Americans do not know how to properly claim their land under American Law to perfect "complete# title conveyancing of the land they wish to buy and own. Remember, your Freehold is your Freedom. Without a Freehold one is in one manner or another bounden to others.
Page 1

Ownership of motor vehicles under American Law necessitates possessing the Manufacturers Certificate of Origin, also known as Manufacturers Statement of Origin "MSO#. Most Americans are utterly unaware such an instrument even exists, let alone its significance! The new-car dealers, banks, attorneys, and DMV take pains to suppress knowledge of its existence from the people-atlarge, because without that instrument in ones possession one does not and can not prove one legally owns that car. Recognize: A Certificate of Title issued by DMV is not proof one owns that car, it merely states a title exists somewhere "which is another lie because it was destroyed deliberately by DMV upon delivery in that agency#. Sections 501 and 502 of Texas Transportation Code expressly state that only state-owned motor vehicles may have certificates of title; and only state-owned motor vehicles are required to be registered; and only state-owned motor vehicles are required to be inspected; and only state-owned motor vehicles are required to have license or registration plates on them; and only state-owned motor vehicles are required to have insurance and only state-owned motor vehicles are required to comply with Texas Transportation Code; and only operators of state-owned motor vehicles are required to have a Driver License; and only state-owned motor vehicles are required to obey speed limit signs, &c., &c. &c. : See separate article entitled, Car Titles. Also, go to the State of Texas legislature web site and download the Texas Transportation Code to verify the foregoing statements. All state transportation codes contain the same clauses! Lawful marriage, known as Holy matrimony, wedlock, has not existed within America since before World War II! It is a solemn occasion, sealed instrument, known biblically, at law, and in equity as a covenant, the highest-level contract existing. A common law marriage is not the same as a lawful marriage, marriage at law, wedlock, Holy matrimony: It is a Patriot Myth in codes rensnaring the uninformed into a de facto fictitious jurisdiction! To live within the Republic, one must unequivocally exercise due process of law, that extends to marriages and births as with all affairs of life on earth. That is not complex: It merely entails executing a lawful affidavit under seal. Rarely use a Notary Public. They, by definition, only handle commercial documents. None of the professed clergy, or judiciary, today are competent to perform lawful marriages and births. They are all compromised by their 501"c# 3 Non-profit status or their municipal corporate employee status, i.e. merchantsin-commerce. A state-issued Marriage License is one peculiar form of business association invented by the de facto government after W.W.I making the state and this state the senior partner in the arrangement, such being your daily affairs, children "CPS#, and properties. Now, carefully read the following definition from the Supreme Court of the United States: Therefore, the U.S. citizens residing in one of the states of the union, are classified as property and franchises of the federal government as an individual entity. Wheeling Steel Corp. vs. Fox, 298 U.S. 193, 80 L.Ed. 1143, 56 S.Ct. 773; Please fully appreciate the significance and impact of that blunt definition. By fully comprehending what the Supreme Court is stating, one will finally appreciate the trap in which he or she is bound; and why America is in such shambles and confusion. Now you know why when you happen to be dragged into one of those so-called courts you have no standing, obtain no justice, and get railroaded! A right not vested in a person living, but merely exists in the consideration and contemplation of law, is said to be in abeyance. Co. Litt. 342; Now, compare with Webster, 1828: POLITICAL, a. (Etymology omitted.) ...2. Pertaining to a nation or state, or to nations or states, as distinguished from civil or municipal; as in the phrase, political and civil rights, the former comprehending rights that belong to a nation, or perhaps to a citizen as an individual of a nation; and the latter comprehending the local rights of a corporation or any member of it.....4. Artful; skillful. (See Politic.)... (Emphases in bold type added); POLITICIAN, n. (FR. politicien.) ...A man of artifice or deep contrivance. Smith. AMERICAN, n. A native of America; originally applied to the aboriginals, or coppercolored races, found here by the Europeans; but now applied to the descendants of Europeans born in America.
Page 2

And, PERSONATE, v. t. To represent by a fictitious or assumed character so as to pass for the person represented. Bacon. 2. To represent by action or appearance; to assume the character and act the part of another. 3. To pretend hypocritically. (Little used.) 4. To counterfeit; to feign; as a personated devotion. Hammond. 5. To resemble. The lofty cedar personates thee. Shak. 6. To make a representation of, as in picture. Obs. Shak. 7. To describe. Obs. Shak. 8. To celebrate loudly. (L. persono.) (Not used). Milton. PERSONATE, a. (L. persona, a mask.) Masked. A personate corol is irregular and closed by a kind of palate; or ringent, but closed between the lips by the palate. Smith. Linne. PERSONATION, n. The counterfeiting of the person and character of another. Bacon. PERSONATOR, n. One who assumes the character of another. B. Jonson. 2. One that acts or performs. B. Jonson. PERSONIFICATION, n. (from personify.) The giving to an inanimate being the figure or the sentiments and language of a rational being; prosopopia; as, confusion heard his voice Milton. PERSONIFY, v. t. (L. persona and facio.) To give animation to inanimate objects; to ascribe to an inanimate being the sentiments, actions or language of a rational being or person, or to represent an inanimate being with the affections and actions of a person. Thus we say, the plants thirst for rain. The trees said to fig-tree, come thou, and reign over us. Judges ix. IMPERSONATE, v. t. To personify. Warton. Always remember, under American, and English, Common Law an attorney at law cannot practice in courts of law; That right is reserved for the people-at-large with their counselors. The ancient term counselor at law is reserved for only those who have demonstrated competence of knowledge in American Common Law. Attorneys at law may only represent fictitious entities, such as corporations or trusts. A living breathing man, known as a natural person in law, cannot be represented because he truly exists and can physically appear of his own volition. A corporation or other fictitious entity being an abstraction, or in law terms, in contemplation of law, cannot ever physically appear any where at any time for any reason. Hence, attorneys may only play in the corporate fantasy world. Chief Justice Mansfield was quoted as stating, Every one has a right to an advocate (assistance of counsel); but, hiring an attorney is something quite different. Also hold dear the following from American Law, The Attorney is an Officer of the Court, his first duty is to the courts..., not to his client. (Emphasis added.) 7 Corpus Juris Secundum, 4, pg. 802; Also see, Bouviers and Blacks Law ,older editions) dictionaries; By merely learning the above simple material facts, one may take certain simple measures to undo the web of deception and return to the original free America, several republics, established during the late 18th Century. Things invalid from the beginning, cannot be made valid by subsequent acts. Tray. Max. 482; Bouv. 2155; The work is simple, but it is tedious and methodical and cannot be accomplished overnight not using one instrument. One absolutely must be willing to defend his or her Liberty, Life, and Property against all allegations of every nature and persist until victory in the process of breaking out of The Matrix. I know of no safe depository of the ultimate powers of the society but the people themselves, and if we think them not enlightened enough to exercise control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion. Thomas Jefferson;
Page 3

NATIVE, n. One born in any place is said to be a native of that place, whether country, city or town. 2. Offspring.

My people are silent for lack of knowledge; because you have rejected knowledge, I will also reject you from the priesthood; seeing you have forgotten the law of your God, I will also forget your children. Hosea 4:6; It is human nature to hate a person whom you have in jured. Ancient Roman axiom; Greed is the root of all evils. Ancient Roman axiom; Life is not being alive, but being well. Ancient Roman axiom; To accept a favor is to sell ones freedom. Ancient Roman axiom; All things change, and we change with them. Ancient Roman axiom; I will either find a way or make one. Anceint Roman axiom; Its useless to wait%for a breakthrough, for the revolution, the nuclear apocalypse or a social movement. To go on waiting is madness. The catastrophe is not coming, it is here. We are already situated within the collapse of a civilization. It is within this reality that we must choose sides. The Coming Insurrection, MIT Press, 2007, 2009; In the beginning of a change, the patriot is a scarce man; brave, hated, and scorned. When his cause succeeds, however, the timid join him, for then it costs nothing to be a patriot. Mark Twain; There are a thousand hacking at the branches of evil to one who is striking at the root. H. D. Thoreau; Convictions (that is, Principles) are non-negotiable. Rev. R. R. Bernard, "Thomas Yoder v. United States#; Freedom is not free; The price of freedom is ever vigilence. Benj. Franklin; Those who would give up liberty to purchase a little temporary safety, deserve neither liberty nor safety. Benj. Franklin;

Page 4

Due Process of Law


There is nothing more terrifying than ignorance in action. Goethe; It profits little to know what ought to be done, if you do not know how it is to be done. 2 Inst. 503; We are ignorant of many things which would not be hidden from us if the reading of old authors was familiar to us. 10 Coke, 73; If a man abuse an authority given him by the law, he becomes a trespasser ab initio. 8 Coke, 146; You have rights antecedent to all earthly governments; rights that cannot be repealed or restrained by human laws; rights derived from the Great Legislator of the Universe. John Adams; Absolutely everything has a particular Due Process of Law. Our ancestors were educated, prudent, reasonable, careful and methodical men. Process, or procedure, is important for conducting reasonable and prudent intercourse with others during daily living in this realm. They kept meticulous records so that their affairs could be easily reconstructed, quickly and justly settled at any moment. In short, they were responsible men % Responsible for their conduct whether social or political or financial. They did not allow television to distract them from their obligations. Their perspective was that conducting their daily affairs honorably, reasonably, prudently, was required as partial compliance with the Holy Scriptures. In their private, as well as, public writings they readily quoted or paraphrased Scripture, Cicero, Plato, Aristotle, Shakespeare and other ancient authors; they all spoke and wrote Latin fluently, and usually one or more additional languages other than American English. Some were educated within England and Scotland, others within America at what are today known as the Ivy League schools. They all continued their education by self-study throughout their lives. Do not let their great accomplishments intimidate you % perseverance and absolute faith in the Almighty One are the only tools necessary to succeed. Always remember the common law is simple, reasonable, prudent. Any typical 8th-grade student can readily become accomplished at common law without difficulty. The common law is common to all. Law, like moral philosophy or politics, has its maxims which sum up in a pregnant sentence some leading principle or axiom of law; ...The merit of the maxim is twofold. It is a useful generalisation of law wherein every student who would become his gown may note, as Wingate says, how the same key opens many locks, or, to put it in another way, how all the cases are reducible to a few theses. The other merit of the maxim lies in its epigrammatic form. Like the proverb, it embodies the wisdom of many and the wit of one. These qualities of the maxim%its sententiousness and it epigrammatic point%have made it at all times a favourite form of legal currency, tendered and accepted generally%or, to take another metaphor, a portable armoury of legal weapons. Nowhere more than in its maxims does the robust good sense of the common law of England display itself; and does not one of those very maxims warn the critic that no one ought to be wiser than the laws? The maxims of English law, like the rules of the common law, derive their sources and sanction from an immemorial antiquity, from frequent judicial recognition, and from the conception of the sages of of our law. One writer, indeed%Wingate%has gone so far as to describe them as prime emanations of the Eternal Wisdom. Their usefulness may be said to increase, rather than to diminish, as the law grows more complex and involved, for they bring back the mind to first principles. Maxims touch, if they do not cover, the whole field of law%the theory of the Kings sovereignty, the office of a judge, the first principles of law, public policy, marriage, infancy, crime, evidence, the interpretation of statutes and legal instruments, and many other matters. Latin Maxims, Sweet and Maxwell, p. 113-4; Encyclopdia of the Laws of England "2nd#, vol. ix. p. 100; 1. You absolutely must know who you are at all times!!! 2. Always, always, always demand someones authority for doing or saying or demanding whatever it is they are doing or saying or demanding; If government, they absolutely must have a delegation of authority to do or demand whatever they are doing or demanding; And, they must have a certified statute authorizing the delegation of such authority; And, the peculiar statute absolutely must be founded upon a peculiar article and clause of the certified Constitution for that particular sovereign state and the certified Constitution for the United States of America; Also, there absolutely must be an enforceable contract upon which their demands are founded!
Page 5

3.

If someone is demanding payment from you there absolutely must be an enforceable contract and an original executed instrument loaning money to you and a validated debt! Without all three of those things, there is no debt! 4. Always, always, always refute everything claimed against you. everything not refuted is presumed true at law! hence, is not required to be proved by the claimant: a fundamental rule of debate. The word understand does not mean to comprehend the meaning of something: Its correct definition is, to agree, to accept, see Webster, 1828. Hence, if one understands something stated, either verbally or written, he agrees or accepts that statement and a contract is created! Hence, it is imperative to declare you do not understand the all capital letter name they use against you and equally imperative is to declare that you do not understand the physical address or street address or mailing address they use against you; as well as all their demands of you to force them to prove their claims against you. 5. Remember the simple common law concept of fictitious entities, ss. fiction at law; That concept is erroneously known throughout the so-called patriot movement as the strawman. If you do not use the correct terminology you automatically place yourself into their fictitious jurisdiction % You lose! But he denied it before all of them, saying, I do not understand what you are saying. Mat. 26:70 (Emphasis added); 6. Remember the differences between the State of Georgia, The State of Georgia,THE STATE OF GEORGIA, state of Georgia, the sovereign state of Georgia, Georgia state: Those are not identical terms; 7. Remember the correct name for our country is America or united States of America. The United States or United States or THE UNITED STATES or UNITED STATES correctly means Washington, D. C. or the central, national government at Washington, D.C. or the municipal corporation created at Washington, D.C. posing as a government, particularly the Government of the United States; Its all a matter of English grammar, which hasnt been taught in public schools since World War II! See hint at 28 U.S.C.A. 1746, Pub.L. 94-550 1"a# (1976); 90 Stat. 2534; 16 Stat. 419; Additionally, Chief Justice Nathaniel Chipman clearly explains in His treatise, Principles of Government..., how and why the constitution for the United States of America did not create a federal government, as well as many other pertinent things intended by the Founding Generation, to which He belonged: despite everything we are persistently told. Or, in the words of Judge Andrew Napolitano, Lies the Government told You; Also recognize: U.S. Constitution and constitution for the United States of America are absolutely not the same identical instrument. U.S. Constitution is the charter for Washington, D.C. municipal corporation created Feb. 21, 1871 "16 Stat. 419#; while constitution for the United States of America is the historical instrument draughted at Philadelphia, Penna. during 1787 and ratified between 1787 and 1791: See: 16 Stat. 419 & 15 Stat. 223 & Military Laws of the United States, Trueman Cross, 1825 & U.S.A. v. Cooper, infra; Also recognize, every entity having a name beginning with U.S., such as U.S. Congress, U.S. District Court, U.S. Court of Appeals is established under Article I of the Constitution having limited jurisdiction to within Washington, D.C. and certain few islands in the Pacific Ocean and the Caribbean Sea. The Domestic Mail Manual, sec. 608.2 & the International Mail Manual explain the foregoing in harmony with the following: District Courts of the United States. The term, as used in the rules, without an addition expressing a wider connotation, has its historic significance. It describes the constitutional courts created under Article 3 of the Constitution. Courts of the territories are legislative courts, properly speaking, and are not District Courts of the United States. Vesting a territorial court with jurisdiction similar to that vested in the District Courts of the United States does not make it a District Court of the United States. Mookini v. United States, 303 U.S. 201, 82 L. Ed. 748, 58 Sup. Ct. Rep.543. The term does not include the United States District Court of Puerto Rico. That court is a congressional court as distinguished from a constitutional court. Porto Rico Railway, Light & Power Co. v. Colom "C. C. A. C1# 100 Fed. "2d# 345. Supplement for Ballentines Law Dictionary, 1942; That definition clearly exposes U.S. courts are truly courts of Congress established under Article I Section 8, ...tribunals inferior to the supreme court of the United States. They are not courts in law and equity authorized under Article III of constitution for the United States of America. They are administrative tribunals enforcing administrative procedures and policy over all Places
Page 6

purchased... (emphsasis added) by the national government at Washington City for the purposes expressed in the Constitution, ...for the Erection of Forts, Magazines, Arsenals, docksYards, and other needful Buildings; (emphasis added) ss. Custom Houses and Court Houses, which is not authorized anywhere by the constitution for the United States of America; But, is exercise of authority over property and franchises of the federal government as an individual entity. See Wheeling Steel Corp. vs. Fox, supra. Article III courts are entitled, courts of the United States, supra. Consider jury instructions, directed verdict: From Bouv. 6th ed. "1856#: EMBRACERY, crim. law. An attempt to corrupt or influence a jury, or any way incline them to be more favorable to the one side than to the other, by money, promises, threats, or persuasions; whether the juror on whom such attempt is made give any verdict or not, or whether the Verdict be true or false. Hawk. 259; Bac. Ab. Juries, M 3; Co. Litt. 157, b, 369, a; Hob. 294; Dy. 84, a, pl. 19; Noy, 102; 1 Str. 643; 11 Mod. 111, 118; Com. 601; 5 Cowen, 503; Following are a sampling of warnings from various esteemed personages, to wit: (J)udges were faithful to the Constitution for most of the nations history % from the founding, in fact, through the first third of the twentieth century. But sometime in the 1930s, the wheels began to come off. Judge Douglas Ginsburg; If the courts are free to write the Constitution anew, they will, by God, write it the way the majority wants; the appointment and confirmation process will see to that. This, of course, is the end of the Bill of Rights, whose meaning will be committed to the very body it was meant to protect us against: the majority. Justice Antonin Scalia; (W)hile the Constitution remains unaltered, it must be construed now as it was understood at the time of its adoption.: Justice Sutherland from Chief Justice Taney from Ch. J. Chipman, Principles of Government..., from the Law of Contracts, from the Law of Agents, from certain Maxims of Law: See Table of Authorities infra; If the government, police and prosecutors could always be trusted to do the right thing, there would have never been a need for the Bill of Rights. J. Levanthal, U.S. v. U.S. District Court for the Central District of California, 858 F.2d, 534 "9th Circ.#; They (Americas Founders) conferred, as against the government, the right to be let alone % the most comprehensive of rights and the right most valued by civilized man. J. Brandeis, Olmstead v. U.S., 277, U.S. 438, 478; There is no more cruel tyranny than that which is exercised under cover of law, and with the colors of justice. U.S. v. Jannottie, 673, F.2d 578, 614 quoting Montesquieu, Of the Spirit of the Laws; The surreptitious creation of fictional state within a state known alternately as this state and the state and the two-letter state code, TX, NM, VA, MD, etc., and zip code is documented at 4 U.S.C.S. 104 - 113; 31 CFR Part 51.2; American Banana Co. v. U.S. Fruit Co., 213 U.S. 347; U.S. v. Spear, 338 U.S. 217; N.Y. Central R.R. Co. v. Chisholm, 268 U.S. 29; Howard v. Commissioners of Sinking Fund, 344 U.S. 624, 73 S. Ct. 465, 476; Schwartz v. OHara TP School Dist., 100A 2d. 621, 625, 375 Pa. 440; &c. Also see, Domestic Mail Manual "sec. 608.2# and International Mail Manual; Those fictitious states are deemed Federal areas for extending federal legislation, codes, rules, regulations, policies, guidelines beyond the ten mile square area defined by the Constitution. Being an act of congress they are necessarily subordinate to the whims of congress and the ever mushrooming administrative agencies created by it and the executive. The Federal areas are also revealed in the wording contained in various Texas Codes, for instance, Texas Tax Code under the sales tax chapter and Texas Penal Code under Territorial Jurisdiction, and elsewhere. (T) he America once extolled as the voice of liberty heard round the world no longer is cast in the image which Jefferson and Madison designed, but more in the Russian image. Chief Justice Warren Burger, Laird v. Tatum, 408 U.S. 1 ; Czar, Czarina. Recall with the Reagan/Bush junta czars for certain operations began being appointed: Czar is a Russian title of nobility. Article I Section 9 of the constitution for the United States of America expressly forbids any manner of Title of Nobility. Yet every year the professed president and professed congress appoint more-and-more czars and czarinas! See: Art. I 9 & 10; Military Laws..., T.Cross, p. 16;
Page 7

Those who already walk submissively will say there is no cause for alarm. But submissiveness is not our heritage. The First Amendment was designed to allow rebellion to remain as our heritage. The Constitution was designed to keep government off the backs of the people. The Bill of Rights was added to keep the precincts of belief and expression, of the press, of political and social activities free from surveillance. The Bill of Rights was designed to keep agents of government and official eavesdroppers away from assemblies of people. The aim was to allow men to be free and independent and to assert their rights against government. Justice Douglas: Laird vs. Tatum, 408 US 1 at 28; The high office of president has been used to foment a plot to destroy the Americans freedom, and before I leave office I must inform the Citizens of this plight. President John Fitzgerald Kennedy, 12th Nov. 1963 at Columbia University; The solution to our current problems isnt government: government is the problem. (sic) President Ronald Reagan, c. 1982; The problem really isnt government % the real problem is the people in government. (sic) Vincent Dale Ross, Ph.D., FACMT, Dec. 2007, McQueeny, Texas; I doubt that there is a judge in full possession of all his faculties, would rule that the 14th Amendment was properly approved and adopted. State v. Philips, 540 P.2d. 936 "1975#; Dyett v. Turner, 439 P.2d. 266; Americans now have a form of dual citizenship. Everyone born within one of the several states of the Union is an American Citizen. At some time later they take on the additional citizenship as a U.S. Citizen through various means. For instance paying Social Security and using the Postal Service automatically over-rides the superior status of American Citizen by the status U.S. Citizen. United States of America v. Austin Gary Cooper, 89-109-CrHoeveler, DCSF1, 1990; United States of America v. Austin Gary Cooper, 90-5597, "11th C.C. App.#; (Note: Article I tribunal ! ) That premise is contrary to American Law, but survives in full force and effect for controlling the masses. By the Rule of Law "maxims# and Reason, an inferior can never over-ride, automatically or otherwise, any superior! There are numerous Maxims of Law which that decision violates! See Table of Authorities infra. The above is a very revealing declaration plainly exposing the fraud being perpetrated and your escape route to Freedom. The due process clause of the Fifth Amendment guarantees to each Citizen the equal protection of the laws and prohibits a denial thereof by any Federal official. (Emphasis added.) Bolling v. Sharpe, 32 U.S. 497. The Fourth Amendment forbids stopping a vehicle even for the limited purpose of questioning its occupants unless the police officer has a founded suspicion of criminal conduct. (Emphasis added.) United States v. Ramirez-Sandoval, 872 F2d 1392 Founded suspicion exists when the officer is aware of specific articular facts, that, together rational inferences draws from them, reasonably warrant a suspicion that the person to be detained has committed or is about to commit a crime. United States v. Cortez, 449 U.S. 411, 416; United States v. Robert L., 874 F2d 701, 703. The United States Supreme Court has defined and limited investigative detention. Any restraint of a person for the purpose of checking identification and asking questions or detaining him or her briefly while obtaining, is such a detention; it comports with the Fourth Amendment only when based on articular facts supporting a reasonable suspicion that the person has committed a criminal offense. The mere presence with someone who has outstanding arrest warrant is not sufficient. United States v. Hensley, 469 U.S. 221, 83 Led2d 604; (Note: The United States Supreme Court is absolutely not the same entity as Supreme Court of the United States! As Bill Claves, American Voice Radio, says, Its all in the words, folks) Terminology is destiny. Justice Antonin Scalia; A demand for identification is an intrusion on the interest prohibited by the Fourth Amendment and requires a reasonable suspicion based on articular facts relating to the person or his or her conduct, in order to be lawful.
Page 8

When police officers, with or without arresting an individual, detain the individual for the purpose of requiring him to identify himself, they perform a seizure of person subject to the requirements of the Fourth Amendment...that the defendant's conviction requiring identification upon a lawful police stop was improper, the police officers stopping the defendant's First, Fourth, and Fifth Amendment was in violation of the Fourteenth Amendment of the united States Constitution when the police officer has no reasonable suspicion to believe that the defendant was engaged or had been engaged in criminal conduct. Brown v. Texas, 443 U.S. 46"1979#; 61 Led2d 357; That is more sophistry, because, by definition, any detention of any nature for any reason whatsoever is an arrest. See Bouviers Law Dictionary, Kent, Commentaries; Story, Constitution; Blackstones Commentaries; Whartons Treatise, numerous Maxims of Law, and other authorites infra. No police nor law enforcement officer, has lawful authority to stop, detain, nor arrest any one without a lawful warrant in his hand to present to the one he approaches, except if and only if the cop actually sees some one in the act of committing a felony, that is to say, an act of violence. Almost all acts declared offenses today are not crimes, by the definition of the word, and virtually none of those defined as felony are felonies by the definition of that word! False arrest and false imprisonment are the current way of life throughout America: See Table of Authorities, infra; Territorial jurisdiction of the United States extends only outside the boundaries of lands belonging to any of the fifty states. 18 U.S.C., 7 The laws of Congress in respect to those matters ,outside of Constitutionally delegated powers. do not extend into the territorial limits of the states, but have force only in the District of Columbia, and other places that are within the exclusive jurisdiction of the national government. Caha v. US, 152 U.S. 211 ...The states are separate sovereigns with respect to the federal government... Heath v. Ala. 474 U.S. 187 All legislation is prima facie territorial. American Banana Co. v. U.S. Fruit, 213, U.S. 347 at 357-358; ,Ss., restricted to Washington, D.C.); ...The United States has no Constitutional capacity to exercise municipal jurisdiction, sovereignty or eminent domain, within the limits of a state or elsewhere, except in the case in which it is expressly granted... (each state) is therefore entitled to sovereignty and jurisdiction over all territory within her limits, subject to the common law. (Emphases added.) Pollard v. Hagan, 44 U.S. 213, 221, 223; The American Government is one of limited powers, congressional powers re enumerated signifying that powers not delegated are reserved. No clause or combination of c;lauses allows congress to commandeer the legislative process of the States by directly compelling them to enact and enforce a federal regulatory program, and such compultion is inconsistant with the Constitutions division of authority between federal and state governments....Where a federal interest is sufficiently strong to cause Congress to legislate, it must do so directly; it may not conscript state governments as its agents. Even shuld states originally agree to some regulatory scheme is irrelevant for States are not mere political subdivisions of the United States. State governments are neither regional officer nor administrative agencies of the Federal Government....The Federal Government may not compel the States to enact or administer a federal regulatory program. Our American federal system was designed to protect liberty. New York v. United States, 505 U.S. 144; Printz v. United States, Mack v. United States, 521 U.S. 898; S. Ct. 2365; 138 L. Ed. 2d 914; Here, again, is where they use U.S. citizen, the two-letter state code, zip codes, and spelling words using ALL CAPITAL LETTERS to evade Americas Constitution and the inherent Rights of Americans secured and guaranteed by the constitution for the United States of America. Its all in the words, folks! Bill Claves, American Voice Radio; Be sure to carefully read the Preamble to the Constitution! Terminology is destiny. Justice Antonin Scalia; A citizen cannot be taken by force from his house to be conducted before a judge or to prison. Dig. 50, 17, 103; Every mans house should be a perfectly safe refuge. Every mans house is his castle; and even though the winds of heaven may blow through it, the king (government) cannot enter it. A
Page 9

mans dwelling-house is his castle and fortress, not merely for his own personal protection, but also for the protection of his family and his property therein. 3 Inst. 162; 5 Coke, 91b; 11 Coke, 82; 5 Coke, 91, 92; Broom, Max. 432; &c.; Yet that is currently happening daily. Make particular note the specific and consistent use of the word house! The word home is not used in law documents. Keep that in mind and usage. Also see the articles on juries and jury duty. Terminology is destiny. Justice Antonin Scalia; CHAPTER 151. LIMITED SALES, EXCISE, AND USE TAX 151.004. In This State "In this state" means within the exterior limits of Texas and includes all territory within these limits ceded to or owned by the United States. Pay particular attention to that definition. Excerpted from The State of Texas legislature web site, Texas Tax Code. That is additional positive proof of the frauds using fictions, particularly the twoletter state code, TX, Tx, Tx., &c. and zip code The sales tax, &c. are inapplicable within the true geographical area known as Texas! Every state has a similar clause within their code as well. Terminology is destiny. Justice Antonin Scalia; And how about this bit of inconsistency, to wit: The present Capitol building at Austin was begun construction February 1, 1882 as engraved into the corner stone in the northeast corner of that building. Then if one braves the harassment and unlawful searches to wander inside to the Rotunda under the dome and looks down at the floor, one sees the official seal for Republic of Texas! If Texas was annexed or admitted into the United States of America union as another one of the several States of the Union during 1846, why, oh why, is the Great Seal of the Republic of Texas boldly and indelibly displayed in the floor of the Capitol building created by and for the State of Texas during 1882 - 1888 under the auspices of being one of the several States of the Union.? ! Could it be because the constitution for the United States of America does not delegate authority for admitting nor annexing any foreign nations into the American Union established during 1775-1791? Could it be because the Law of Nations recognizes no authority for one sovereign nation to absorb another sovereign nation into itself? Hence, the persistent existence of the republic of Texas has been suppressed through constructive frauds, artifices, misprisions, and other egregious acts by professed public officers for undisclosed purposes. Democracy. A government of the masses. Authority derived through mass meeting or any other form of direct expression. Results in mobocracy. Attitude toward property is communistic - negating property rights. Attitude toward law is that the will of the majority shall regulate... without restraint or regard to consequences. Results in demagoguism, license, agitation, discontent, anarchy. United States Army Training Manual, 1928; Dulocracy. A government where servants and slaves have so much license and privilege that they domineer. Blacks Law Dictionary, 2nd, 3rd, 6th editions; Always, always remember the word understand means to accept; to agree to something: see Websters First Edition, "1828#. When one states, I understand. one is stating he agrees or he accepts whatever is stated; that makes the consummation of an oral contract! Also keep close in mind, the word, officially does not mean formally nor even legitimately; it merely means doing something by virtue of some authority incumbent upon a peculiar office one is holding and not by virtue of ones own right, ss. in jure proprio . Be very wary. Its all in the words, folks! Bill Claves; Terminology is destiny. Justice Antonin Scalia; The candid citizen must confess that if the policy of the government, upon vital questions, affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court...the people will have ceased to be their own rulers, having to that extent, practically resigned their government into the hands of that eminent tribunal. Abraham Lincoln;
Page 10

The people are the masters of both Congress and courts, not to overthrow the Constitution, but to overthrow the men who pervert it. Abraham Lincoln; To sin by silence when they should protest makes cowards out of men. Abraham Lincoln; Convictions are non-negotiable. Rev. R. R. Bernard, "Thomas Yoder v. United States#; In this world there is always danger for people who are afraid of it. George Bernard Shaw; Courage is the human virtue that counts, courage to act on limited knowledge and insufficent evidence. Thats all any of us have. Robert Frost; ....judges should be withdrawn from the bench whose erroneous biases are leading us to dissolution. It may, indeed, injure them in fame or fortune; but it saves the Republic. Thomas Jefferson; The moment the idea is admitted into society that property is not as sacred as the laws of God, and there is not a force of law and public justice to protect it, anarchy and tyranny commence. John Adams (emphasis added); Status quo is not a good thing, it is a non sequitor; In status quo there is no learning, there is no growth: in the absence of growth, there is no change: in the absence of change, there is no progress: in the absence of progress, there is regress; Nothing can truly stay the same in our ever-changing Universe. Anon.; All things change, and we change with them. Ancient Roman axiom; Day by day, case by case, the Supreme Court is busy designing a Constitution for a country I do not recognize. J. A. Scalia, "Board of County Commissioners v. Umbehr#;

Page 11

Claiming Title in Fee simple


1. Always, always, always remember land under American Law is conveyed and described only by metes and bounds. Every other description for land not by metes and bounds is fictitious. That is how the so-called mortgages and property taxes and zoning restrictions are imposed, against some fictitious property description which people in their ignorance assume "ass- u- me# must be their land % WRONG ! Hence, people are buying thin air on a thirty-year mortgage that is not a lawful mortgage with a promissory note "a negotiable instrument# and Deed of Trust behind the mortgage which is debauched by conflict of interest % without mutual valuable consideration as required under the Law of Contracts % more fraud. So, one bought thin air agreeing to pay monthly installments for thirty years using worthless paper % Now, what did one really get for his worthless paper? Mostly more worthless paper. One particular instrument given at the closing is useful for ones capturing title process % One is given a Warranty Deed! That instrument declares in writing under seal, the highest form of legal instrument at common law, that no one earlier in time has any claim to that land! So, under American Law and Law of Nations that land is abandoned land. Abandoned land may be claimed by the first one who comes and settles upon it ! That be You! So one simply need make claim to that parcel of land to perfect absolute "fee simple# title. Really quite simple to do. See: 2 Bl. Com. 258; Co. Litt. 6; Ib. 110b, 115a; Bouv. 148; 4 Inst. 275; 8 Coke, 92; 1 Bl. Com. 138; 2 Bl. Com. 2, 5 1 Kent, Com. 108, 184; Taylor v. The Cato, 1 Pet. Adm. 53; Seymour v. Canandaigua & N.F.R. Co., 25 Barb. "N.Y.# 284, 301; Fassett v. Smith, 23 N.Y. 252; Always, always, always remember: No allodial title at common law! Absolute ownership at common law is known as fee simple or freehold: Simply read Websters Dictionary, First Edition "1828#; also in Funk & Wagnalls Standard College Dictionary "1966# or Judge Bouvier or Judge Kent or Justice Wilson or St. George Tucker or Sir Wm. Blackstone to learn the Truth ! LAND. This term comprehends any found, soil or earth whatsoever, as meadows, pastures, woods, waters, marshes, furze and heath. It has an indefinite extent upwards as well as downwards; therefore land, legally includes all houses and other buildings standing or built on it; and whatever is in a direct line between the surface and the centre of the earth, such as mines of metals and fossils. 1 Inst. 4 a; Woods Inst. 120; 2 B1. Com. 18; 1 Cruise on Real Prop. 58. In a more confined sense, the word land is said to denote "frank tenement at the least." Shepp. Touch. 92. In this sense, then, leaseholds cannot be said to be included under the word lands. 8 Madd. Rep. 635. The technical sense of the word land is farther explained by Sheppard, in his Touch. p. 88, thus: "if one be seised of some lands in fee, and possessed of other lands for years, all in one parish, and he grant all his lands in that parish "without naming them# in fee simple or for life; by this grant shall pass no, more but the lands he hath in fee simple." It is also said that land in its legal acceptation means arable land. 11 Co. 55 a. See also Cro. Car. 293; 2 P. Wms. 458, n.; 5 Ves. 476; 20 Vin. Ab. 203. 2. Land, as above observed, includes in general all the buildings erected upon it; 9 Day, R. 374; but to this general rule there are some exceptions. It is true, that if a stranger voluntarily erect buildings on anothers land, they will belong to the owner of the land, and will become a part of it; 16 Mass. R. 449; yet cases are, not wanting where it has been decided that such an erection, under peculiar circumstances, would be considered as personal property. 4 Mass. R. 514; 8 Pick. R. 283, 402; 5 Pick, R. 487; 6 N. H. Rep. 555; 2 Fairf. R. 371; 1 Dana, R. 591; 1 Burr. 144; Bouviers Law Dictionary, 6th Edition; Co. Litt. 4; Co. Litt. 4a; 9 Coke, 54; 2 Bl. Com. 18; 2 Bouv. Inst. nn. 15, 70; Broom, Max. 395; Always remember the Law of Contracts: "i# There must be an offer to perform some valuable service or provide some valuable goods; "ii# There must be an acceptance; "iii# There must be two distinct "adverse# parties both of legal capacity, ss., 21 years of age, not mentally incapacitated nor drunken; "iv#; There must be a lawful purpose; "v# There must be mutual valuable consideration; "vi# There must be a meeting of the minds, ss., no fraud nor misrepresentation by either party and both parties must fully acknowledge and comprehend all terms and conditions to said contract, ss. full disclosure. Without any one of those elements there is no enforceable contract. Next, the so-called mortgage company never loaned any money to you, neither did they pretend to do so by presenting a bank check or other negotiable instrument to you for your
Page 12

use. Hence, you did not receive mutual valuable consideration from them. Furthermore, credit cannot be loaned. Remember what Bill Claves on American Voice Radio says, Its all in the words, folks. By not knowing the correct definitions of words used in legal instruments one is destined for ruin. The Ashley case within Texas and the Credit River cases within Minnesota as well expose the above frauds. Additionally, RICO and tort suits were filed in federal court Sept. 2010; Furthermore, the professed assignments are fraudulent as well! Assignments under law must be properly indorsed by all parties privy! Additionally, assignments which are associated with land must be Recorded; and if a Deed of Trust is in effect the promissory note must at all times remain in the protective possesion of the Trustee! To lawfully make Claim to ones land merely create the Claim instrument in the nature of a deed in fee simple and have it Recorded into the county Records. Remember, filing and Recording are absolutely not the same thing even though the county Clerks, or Recorders, belligerently claim otherwise. It is a simple matter to get your documents Recorded without paying their so-called filing fee: Again, see Webster, 1828 for the correct definitions. That is another of their frauds to exact funds from you without legal authority. There is precise wording mandated for a Claim and Deed in fee simple. It developed over many generations for minimizing fraud and coercion regarding land conveyancing. During the 19th- and early 20th centuries My research revealed the formal wording is quite consistent. The lands captured during these last five years using this instrument remain unspoiled. From reading 19th Century law books regarding land conveyancing the Claim instrument executed by the purchaser is the final step for perfecting title and is Recorded with the Deed from the seller. That is in perfect harmony with the Law of Contracts and the sanctity of land at common law: The Deed from the seller acts as proof positive of his offer to sell; while the Claim executed by the purchaser acts as proof positive of his acceptance: Voil!, the lawful consummation of an enforceable contract conveyancing land. Next, be absolutely sure to post signs that expressly state, Private Property along each of the boundaries to ones land and particularly at the entrance. Remove all foreign markings, particularly numbers from ones land and structures to positively sever ones land and property from the fictions they need to violate ones privacy and ones property. Yes absolutely, even the so-called 9-1-1 numbers! All of their identifying markings - Its your private property, not theirs. If one wishes, give ones land a name: Smiths Lazy Acre, for example. Remember, George Washingtons Freehold is named, Mt. Vernon; Thomas Jeffersons Freehold is named, Montecello; James Madisons Freehold is named Montpelier; Henry Light Horse Harry Lees Freehold is named, Stratford Hall; Robert Edward Lees Freehold is named, Arlington; George Masons Freehold is named Gunston Hall, as a few examples having historical prominence. Those places were not given names because of their grandeur, they were given names because they were those Mens Freeholds and so people knew where to find them. Or, if one is so inclined, place a sign at the entrance to ones land simply showing ones surname, not using all capital letters, for instance, Jones. Terminology is destiny. Justice Antonin Scalia; Remember, under American Common Law, Freeholders must act responsibly, rea- sonably, prudently and in their own Right. No one can do things for you, you must act for yourself. Thomas Jefferson wrote, ...you must know the law and be well-disposed to use it. The Supreme Court of the United States has stated the same premise repeatedly in many different ways - Is any one listening? Judge Andrew Napolitano has found a catching way to say the same thing using todays American vernacular: He states in His book, Constitutional Chaos: What Happens When the Government Breaks Its Own Laws, page 186, Sue the Bastards. (sic.) LACHES. This word, derived from the French lecher, is nearly synonymous with negligence. 2. In general, when a party has been guilty of laches in enforcing his right by great delay and lapse of time, this circumstance will at common law prejudice, and sometimes operate in bar of a remedy which it is discretionary and not compulsory in the court to afford. In courts of equity, also delay will generally prejudice. 1 Chit. Pr. 786, and the cases there cited; 8 Com. Dig. 684; 6 Johns. Ch. R. 360.
Page 13

3. But laches may be excused from, ignorance of the party s rights; 2 Mer. R. 362; 2 Ball & Beat. 104; from the obscurity of the transaction; 2 Sch. & Lef. 487; by the pendency of a suit; 1 Sch. & Lef. 413; and where the party labors under a legal disability, as insanity, coverture, infancy, and the like. And no laches can be imputed to the public. 4 Mass. Rep. 522; 3 Serg. & Rawle, 291; 4 Henn. & Munf. 57; 1 Penna. R. 476. Vide 1 Supp. to Ves. Jr. 436; 2 Id. 170; Danes Ab. Index, h. t.; 4 Bouv. Inst. n. 3911. Bouvier's Law Dictionary, 6th Edition; 8. By American Law, lands have not been properly conveyed for several generations; hence, every one who believed they purchased land and dwelling are technically at law tenants in adversity, or adversarial tenants, or in adversarial possession "squatters# and the land remains unclaimed and therefore abandoned. Land lying unoccupied is given to the first occupant. C.L.M.; Bl. Com.; A right descends, not the land. Co. Litt. 345; Additionally, a fictitious entity, ss. U.S. citizen or corporation, cannot own a Freehold, by law: Hence, the use of Warranty Deed today. Allodial land is that possessed by a man in his own right, free and absolute, without owing any rent or service (taxes) to any superior. 2 Bl. Com. 104; 3 Kent, Com. 495; A right not vested in a person living, but merely exists in the consideration andcontemplation of law, is said to be in abeyance. Co. Litt. 342; The moment the idea is admitted into society that property is not as sacred as the laws of God, and there is not a force of law and public justice to protect it, anarchy and tyranny commence. John Adams; Make particular note of the Rule of Law "maxim#: A right descends, not the land. Co. Litt. 345; By American Law, a Last Will and Testament does not convey property of any nature, but merely expressed the Will, ss. instructions, intended by the deceased; Hence, the Executor or Administrator is lawfully as well as morally encumbered to execute the true, complete, lawful instruments for conveyancing all properties pursuant to the Will which he is executing % Regrettably today, most people, if they actually have a Will, went to some attorney who draughted a standard will, a statutory instrument not a lawful instrument, usually appointing themselves or their law firm as executor, then distribute assets pursuant to corporate codes, rules, regulations, policy instead of pursuant to law; And, lands are not lawfully conveyed as intended by the deceased and the heirs dont know the difference, so this state or the state usurps control. The Executor absolutely must execute a Deed in fee simple to convey absolute title and the designated heirs absolutely must make Claim in fee simple to that certain tract of land intended as his, or her, or their inheritance! From Webster 1828: WARRANTY, n. In law, a promise or covenant by deed, made by the bargainer for himself and his heirs, to warrant or secure the bargainee and his heirs against all men in the enjoyment of an estate or other thing granted. Such warranty passes from the seller to the buyer, from the feoffor to foeffee, and from the releaser to the releasee. Warranty is real, when annexed to lands and tenements granted in fee or for life, &c. and is in deed or in law; and personal, when it respects goods sold or their quality. In common recoveries, a fictitious person is called to warranty. In the sale of goods or personal property, the seller warrants the title; for warranty is express or implied. If a man sells goods which are not his own, or which he has no right to sell, the purchaser may have satisfaction for the injury. And if the seller expressly warrants the goods to be sound and not defective, and they prove to be otherwise, he must indemnify the purchaser; for the law implies a contract in the warranty, to make good any defect. But the warranty must be at the time of sale, and not afterwards. Blackstone. DEED, n. ,etym. omitted.) 1. That which is done, acted or effected; an act; a fact; a word of extensive application, including whatever is done, good or bad, great or small.
And Joseph said to them, what deed is this which ye have done? Gen. xliv. We receive the due reward of our deeds. Luke xxv.

2. Exploit; achievement; illustrious act. Whose deeds some nobler poem shall adorn.
Page 14

Dryden.

3. Power of action; agency.

With will and deed created free.

Milton.

4. A writing containing some contract or agreement, and the evidence of its execution; particularly, an instrument on paper or parchment, or conveying real estate to a purchaser or donee. This instrument must be executed, and the execution attested, in the manner prescribed by law. indeed, in fact; in reality. These words are united and called an adverb. But sometimes they are separated by very, in very deed; a more emphatical expression. Ex. ix. DEED, v. t. to convey or transfer by deed; a popular use of the word in America; as, he deeded all his estate to his eldest son. Notice three very important words in the definition for warranty, to wit: annexed, fee, fictitious; A Warranty Deed is merely an annex to a Title in fee simple! So, today is presented a Warranty Deed at the closing but then the buyer never perfects his Title in fee by his Claim to Land; so, the land continues in abandonment unless and until some one executes Claim. Hence, the current procedures for conveying land across America are an implementation of the ancient Roman Civl Law concept emphyteosis, infra. EMPHYTEOSIS, civil law. The name of a contract by which the owner of an uncultivated piece of land granted it to another either in perpetuity, or for a long time, on condition that he should: improve it, by building, planting or cultivating it, and should pay for it an annual rent; with a right to the grantee to alienate it, or transmit it by descent to his heirs, and under a condition that the grantor should never re-enter as long as the rent should be paid to him by the grantee or his assigns. Inst. 3, 25, 3. 18 Toull. n. 144. 2. This has a striking resemblance to a ground-rent. "q. v.#. See Nouveau Denisart, mot, Emphyteose; Merl. Reper. mot Emphyteose; Faber, De jure emphyt. Definit. 36; Code, 4, 66, 1. Bouv. 6th ed. "1856#; 9. To add additional layers of protection to your land title, you can Record Mechanics Liens against the fictitious property descriptions they use in their misleading documents; for example, their physical address or their 9-1-1 address or their street address and others; A sample Claim to Land as enacted by the Texas Legislature during February 1840 for ensuring Fee simple land title follows. Because of the consistency of language developed during the 17thand 18th centuries for conveyancing lands in fee simple, the sample Claim is correct for every State of the Union, with the obvious changes; and is guaranteed by Article IV, Section 1 and Article VI of the constitution for the United States of America, known as the Full Faith and Credit Clause and Supremacy Clause; And, A sample Mechanics Lien follows. Again, the wording in these instruments is pertinent to all the several States of the Union: See Article IV, VI constitution for the United States of America; 28 U.S.C.A. 1746, Pub.L. 94-550 1"a# (1976); 90 Stat. 2534; The following instruments have been, and are being, used successfully within Texas and spreading into other states of the Union: American Law is American Law everywhere until the American People take deliberate action to repeal or abolish the constitution for the United States of America. Such acts have not yet transpired and are utterly unlikely to transpire: however, the American People have been duped % grievously; There are a thousand hacking at the branches of evil to one who is striking at the root. Henry David Thoreau;

Page 15

Within the Lands known as Maryland;


Know all Man by these presents, That I William Michael McGann,
and Wife, Megan

Lou, from Still Pond within Maryland aforesaid, having not found any one with lawful claims and
having obtained warrant to possess, hereby make claim to all that certain tract of land described as, to wit: All that certain tract of land being 0.56 acre more or less lying and being situated within the area known as Kent "county# within Maryland, approximately 4 miles south of Still Pond along by Maryland Highway 6 South, the whole being more particularly described by metes and bounds from a survey made on the ground under direct supervision and direction of Peter Bushill Registered Professional Engineer No. 837 on 27th August, 1970, to wit: Beginning at a point being an iron pin set in the ground approximately 636.62 ft. from the centerline of Spratman Drive and 25 ft. from the centerline of Creek Lane along the westerly right of way for Creek Lane being the southerly corner of this certain tract N 27 23 W, 195.36 feet to an iron pin set in the ground running consecutively along the northerly boundary for the certain tract of land deeded to William Baker being the westerly corner of this certain tract; Thence, N 64 27 E, 125.00 feet to an iron pin set in the ground being the northerly corner for this certain tract, running consecutively along southeasterly boundary for the certain tract of land deeded to John Noonann and shared corner of the certain tract of land deeded to James Shoemaker; Thence, S 27 31 E, 187.04 feet to an iron pin set in the ground being the easterly corner for this certain tract, running consecutively along southwesterly boundary for the certain tract of land deeded to abovementioned James Shoemaker; Thence, S 60 39 W, 125.45 feet running consecutively along westerly right of way for Creek Lane to place of beginning, containing 0.56 acre more or less; together with all and singular the rights, members, hereditaments, and appurtenances to the same belonging, or in anywise incident or appertaining, to have and to hold and not abandon, all and singular, the premises abovementioned, and I do hereby bind myself, my heirs, executors and administrators, to warrant and forever defend all and singular the said premises against every person whomsoever, lawfully claiming or to claim the same, or any part thereof.

Witness my hand and seal this 10th day of August in two thousand ten anno Domini; without the
United States;

Page 16

When Recorded return to:


U.S.P.O. Postmaster, General Delivery, Re: George Jefferson Madison. Fredericksburg, Virginia. " non-domestic#

Claim of Lien
Virginia. Suffolk "county#. . . At Law;

The undersigned Affiant appeared, George Jefferson Madison, who duly affirms that He is the Lienor whose mailing address is U.S.P.O. Postmaster, General Delivery Re: George Jefferson Madison. Fredericksburg, Virginia. "non-domestic.# and that in accordance with a contract with GEORGE JEFFERSON MADISON AND WIFE MARTHA LOUISE "Debtor# Lienor has continuously furnished labor, materials, parts, supplies, repairs, electricity, water, replacement fencing and repairs, replacement plumbing and repairs, removing decrepit building and interior sections, regular cleaning and laundry, holistic nursing and nurturing for abandoned or injured or previously abused large animals, holistic nursing and nurturing for abandoned or injured or previously abused small animals, holistic grooming for abandoned or injured or previously-abused large animals, holistic grooming for abandoned or injured or previously-abused small animals, holistic first aid for large animals, holistic first aid for small animals, fundamental holistic training for large animals, fundamental holistic training for small animals, researching holistic nutrition for large animals, researching holistic nutrition for small animals, holistic pasture care, researching holistic pasture care, replacing native grasses, replacing native plants, making emergency errands, making emergency repairs, keeping needed fundamental expense records, finding, moving, carrying, stacking different hays when needed and other chores when needed for more than five years on all the following described real property within Suffolk (county), Virginia, to wit Being 71.65 acres of land more or less, being a part of the Jonathan Botetote Survey No. 2, Abstract No. 58, and being more particularly described by metes and bounds and to include all surface and minerals on Exhibit A attached hereto and made a part hereof owned by GEORGE JEFFERSON MADISON AND WIFE MARTHA LOUISE of a total value for the day of execution for this document three hundred ninety three thousand seven hundred twenty seven "393,727# Dollars lawful money of the United States "specie# of which all remains unpaid since the 11th day in November anno Domini two thousand after previous notices No. 04-0045354843 on 20th October 2003 A.D. and No.03-0036111005 on 29th July 2003 A.D.. Executed this 23rd day in March anno Domini two thousand six. Affirmed: George Jefferson Madison.

Page 17

When Recorded return to:


U.S.P.O. Postmaster, General Delivery, Re: George Jefferson Madison. Fredericksburg, Virginia. " non-domestic#

Claim of Lien
Virginia. Suffolk "county#. . .

The undersigned Affiant appeared, George Jefferson Madison, who duly affirms that He is the Lienor whose mailing address is U.S.P.O. Postmaster, General Delivery Re: George Jefferson Madison. Fredericksburg, Virginia. "non-domestic.# and that in accordance with a contract with GEORGE JEFFERSON MADISON AND WIFE MARTHA LOUISE "Debtor# Lienor has continuously furnished labor, materials, parts, supplies, repairs, electricity, water, replacement fencing and repairs, replacement plumbing and repairs, removing decrepit building and interior sections, regular cleaning and laundry, holistic nursing and nurturing for abandoned or injured or previously abused large animals, holistic nursing and nurturing for abandoned or injured or previously abused small animals, holistic grooming for abandoned or injured or previously-abused large animals, holistic grooming for abandoned or injured or previously-abused small animals, holistic first aid for large animals, holistic first aid for small animals, fundamental holistic training for large animals, fundamental holistic training for small animals, researching holistic nutrition for large animals, researching holistic nutrition for small animals, holistic pasture care, researching holistic pasture care, replacing native grasses, replacing native plants, making emergency errands, making emergency repairs, keeping needed fundamental expense records, finding, moving, carrying, stacking different hays when needed and other chores when needed for more than five years on all the following described real property within Suffolk (county), Virginia, to wit Being 71.65 acres of land more or less, being a part of the Jonathan Botetote Survey No. 2, Abstract No. 58, and being more particularly described by metes and bounds and to include all surface and minerals on Exhibit A attached hereto and made a part hereof owned by GEORGE JEFFERSON MADISON AND WIFE MARTHA LOUISE of a total value for the day of execution for this document three hundred ninety three thousand seven hundred twenty seven "393,727# Dollars lawful money of the United States "specie# of which all remains unpaid since the 11th day in November anno Domini two thousand after previous notices No. 04-0045354843 on 20th October 2003 A.D. and No.03-0036111005 on 29th July 2003 A.D.. Executed this 23rd day in March anno Domini two thousand six. Affirmed: George Jefferson Madison.

Page 18

The first Lien encumbers the land and the fictitious entities they created as pretended owners at common law. The second Lien encumbers the land and the fictitious entities they created as pretend owners in their fictitious administrative realm. By specifying payment in lawful money of the United States they must pay you in the gold and silver coin mandated by the constitution for the United States, which at this writing equals fifteen Federal Reserve Notes for each silver United States Dollar coin Thats a buncha money! If you wish, you may also create a Lien against the fictitious property descriptions they create for their control, tax, zoning purposes. Be sure to send the Liens to the Recorders office to provide Public Notice of your position. As a last resort, or if you have difficulties getting into a Circuit Court of the United States, you can sidetrack them by presenting a Promissory Note as payment for all lawfully assessed property taxes. Since there are no lawfully assessed property taxes on private property of any nature, they are stopped dead. The Texas Tax Code, as well as all other states, expressly authorizes payment of taxes by notes for two reasons, the only lawfully assessed property taxes are against corporateowned property, notes are standard corporate exchange, and Federal Reserve Notes are current as legal tender, they have no choice but to accept your Promissory Note even though they absolutely despise doing so. One Promissory Note is all that is necessary to pay all past and future professed taxes. Have it Recorded into the county Records wherein the property lies with instructions on the top to immediately send it to the professed tax assessor/collector. They can do nothing. Accurate Knowledge properly exercised is Power ! (Susy Cammack.) A sample follows:

Page 19

Registered Mail ___________________________________________ 29 October 2007 To: Dianne Bolin DIANNE BOLIN, RTA, CTA KERR COUNTY Junction Highway, Kerrville, Texas.

From: William Michael McGann. c/o 12 Vine Creek Drive, Kerrville, Texas Notice of Default: RECORDED PURSUANT TO TEXAS PROPERTY CODE 12.001
NOTICE TO PRINCIPALS IS NOTICE TO AGENTS: NOTICE TO AGENTS IS NOTICE TO PRINCIPALS

Applicable to all successors and assigns: Silence is Acquiescence and Dereliction of Duties; This is a PIA request in accordance with TGC 552 and TTC 1.11 Daniel Troxel, Stephen Ables, Charles Sherrill, and McCREARY, VESELKA, BRAGG & ALLEN, P.C., have defaulted my lawful demands, persistently refusing to reply and present a validated claim against me. Additionally, I am unaware of having any contracts with you obliging me to compulsory performance of any type whatsoever. Despite their dishonesty and default, anticipating your lawful reply to this demand, and in the interest of expediency, I annex a PROMISSORY NOTE for payment in full upon my receiving all of the following documents: 1. Full, complete, unadulterated, legible, certified copies of any and all contracts between you and me that obliges me to compulsory performance of any type; 2. The Tax Assessment as required by Texas statutes (TTC6.23); 3. The Tax Bill as required by Texas statutes (TTC31.01); 4. A certified copy of your Oath of Office, job description, and full and complete contact information for your Risk Management Provider and Bond; 5.The name of the law firm with which you contract if a debt is uncollected; 6. True, Complete, Certified copies of statutes and Constitution delegating your authority, your lawful procedures, and my obligations to you; A no response or a non-response does and will constitute a default by you granting me recourses in addition to Liens. Your response is due within 20 days from your receiving this re-quest. Please respond to me as above instructed. Annex: PROMISSORY NOTE

Page 20

PROMISSORY NOTE
Twenty three days after date, I, William Michael McGann, hereby promise to pay to Dianne Bolin, DBA DIANNE BOLIN, the full sum upon the lawful demand by assessment and bill against me as required by Law and statutes. Subscribed and executed this 29th day of October in the year of our Lord two thousand seven without the UNITED STATES under the Laws of the United States of America and Texas, one of the several North American republics.

All Rights Reserved at arms length, William Michael McGann.

Page 2 of 3

Page 21

That, further the affiant sayeth naught. Subscribed and executed this __________ day of ____________________________ in the year of our Lord Two Thousand Seven (2007 A.D.) at Kerr, Texas William Michael McGann.

NOTICE
Using a notary on this document does not constitute any adhesion or trust, nor does it alter my status in any manner. The purpose for notary is verification and identification only and not for entrance into any foreign or fictitious jurisdiction.

JURAT
Texas. Kerr (county). } } } }

At Law;

Subscribed and affirmed before me this _______ day of _________________________________ in the year of our Lord Two Thousand Seven (2007 A.D.). Notary:

Page 3 of 3
Page 22

A right not vested in a person living, but merely exists in the consideration and contemplation of law, is said to be in abeyance. Co. Litt. 342; It is not incumbent on the possessor of property to prove his right to his possessions. Code. 4, 9, 2; Broom, Max. 465, 639, 714; Co. Litt. 110b, 115a; Fleta, lib. 3, cv. 15, s. 6; Co. Litt. 6; Branch, Princ.; Bouv. 148;8 Coke, 92; Dig. 50, 17, 11; The right of property is that sole and despotic dominion which one man claims and exercises over the external things of the world, in total exclusion of the right of any other individual. 1 Bl. Com. 138; 2 Bl. Com. 2, 5, 199, 311; The next two rules of law nullify the currently circulating concept of Eminent Domain, which is a socialist and totalitarian concept loudly expounded by Karl Marx during the middle decades of the 19th Century. It is unjust that freemen should not have the free disposal of their own property. Co. Litt.223a; 4 Kent, Com. 131; No man is compelled to sell his own property, even for a just price. 4 Inst. 275; Also, when one reads 3 Kent, Com. and Webster, 1828, as well as Bl. Com. regarding title of lands in fee simple the professed Eminent Domain sublimates spontaneously! Supra, That perverse concept succeeds and is founded solely upon the fact that no one knows about perfecting title to the lands they thought they purchased! Accurate Knowledge properly exercised is Power ! They have usurped both, each of us must individually recapture both: with the help and support of their friends, neighbors, relatives, and colleagues, ss. Peers: See Amicus Curi in Bouvier. By friends, neighbors, relatives, colleagues lodging Amicus Curi into suits a form of class-action suit at common law is created putting a lot more pressure on the court to behave properly than if one goes it alone. It is truly a simple matter lodging Amicus Curi, but is very powerful because there is safety and strength in numbers and the court is plainly told that they are being watched carefully. The courts can and do far too easily brush aside some one filing alone; But when some one files and a group files in his support, light is turned onto the darkness, they are exposed and are forced to properly behave under the watchful eyes of a group. Also, do not forget to notify newspapers or magazines to expose and add more pressure onto the court. Thats what has been missing % cohesion among the American people. They have been particularly successful at instilling fear and dividing and conquering the American People. Things taken or captured by pirates and robbers do not change their ownership. 1 Kent, Com. 108, 184; Also note: Remedies for rights are ever favorably extended. Bouv. 155; Bouv. Inst. 2411; 4 Coke, 92b,93; Co. Litt. 197b; Broom, Max. 192; Branch, Princ.; Money being restored does not set free the party offering. Co. Litt. 207; There is no disputing against a man denying principles. Co. Litt. 343; The master or principal (elected or appointed officer) shall answer for the acts of his servant or accessory. 4 Inst. 114; 2 Bouv. Inst. n. 1337; Lofft, 227, 229; That last Rule of Law is how to remove governors, judges, attorneys general, district attorneys, justices of the peace, sheriffs, clerks, D.P.S., county sheriffs, cops, tax assessors/collectors, appraisers, county commissioners, mayors, and other professed government employees who are pretended to have immunity! Simply go into the Circuit Court of the United States the only lawful court within Texas, or any other state today, demanding certification of their authority with the certified statute with the certified Article and Clause in the constitution for the United States of America and Constitution for Texas, or other Sovereign State such as sovereign state of Maryland, &c., upon which their authority is founded. That procedure is known as Discovery; It is a civil proceeding only in courts in equity under Common Law in conjuction with a lawsuit for any breach or tort. Through Discovery one has power to compel production of documents. If whomsoever one is suing through Discovery and compelling production of documents refuses to provide particularly and precisely everything demanded of them, they are in contempt of court and go to jail. Because Discovery is a civil proceeding, ss. a flesh-and-blood man suing another flesh-and-blood man, imprisonment for civil contempt of
Page 23

court has no limitations on its duration, as criminal contempt of court has. Hence, the Defendant stays in jail for as long as he, or she, continues refusing presenting exactly everything demanded of them. If he or she persists refusing production he, or she, will remain in jail for the rest of his or her natural life. Thats the power that each and every American has over public officials, cops, judges, and every one else who causes injury % Thats why they need Americans to remain ignorant, scared, and confused! See: This Authors separate article entitled Discovery; For detailed information see: Story, Eq. Jur.; Story, Eq. Pldg.; Bouvier; Hilliard; Chapin; Kent; Blackstone; &c.; By the way, county sheriff is unknown at law: By definition a sheriff is the Chief Executive Officer of a county, not the county cops. He is the county equivalent to a town or city Mayor! Under todays corporate color of law and cover of authority the Chief Executive Officer of each county has been demoted to being a local corporate militarized security-force exacting funding from all travelers or U.S. citizens at whim % See Webster, 1828 for the definition of highwayman and for barratry! One of the things Judge Napolitano wrote with which this Author cannot agree is, Congress should pass a law requiring the government to obey the law. That is utter nonsense and unworthy of some one having His experience and credentials. There are many Rules of Law "maxims# that have existed for centuries having that very desired effect. Also, the Law of Torts and the Law of Contracts well cover malfeasance, misfeasance, non-feasance, negligence, fraud, misprision, assault, battery, false imprisonment, manstealing, kidnapping all of which are routinely committed by professed government employees daily. If you do not defend yourself, your family, your property, your Rights your Liberty, no one else can and no one else will! A republican form of government is a participatory form of government! The appropriate way to participate is to Sue the Bastards when they get out of line! See Webster, 1828 for the definition of remonstrance. Its all about Due Process of Law. Simply stated, if one is ignorant of Due Process of Law one has no Rights, has no standing, and gets no redress: And with redress for torts comes damages in money! Once you get into some ones pocketbook every one else will leave you alone. Damages are of two natures, compensatory, for ones actual out-of-pocket expenses and costs of property lost or destroyed or damaged, which also encompasses ones Labor to Sue the Bastards, travels, as well as everything else; And exemplary, which are additional payments overand-above expenses and losses actually suffered, as punishment "amersements# for the malignant behavior suffered. The only thing those bullies understand is money. They have no qualms stealing from you under color of law and cover of authority, but they are loathe to pay you! An example of exemplary damages: For false imprisonment, a jury at Tampa Bay, Florida "circa 1984# awarded a man more than 62,300 Dollars per hour for false imprisonment by the city cops. That will definitely end their harassments. Things dissimilar ought not to be joined. Jenk. Cent. 24, marg. That which is similar denotes a partial resemblance only, unless the context indicates otherwise. Blacks, 1089; What is like is not the same; for nothing which is like or similar to another is the same, i.e. no likeness is exact identity. 4 Coke, 18; Co. Litt. 3a; 2 Bl. Com. 162; A name is not sufficient if a thing or subject for it does not exist by law or by fact. 4 Coke, 107b; Names are the notes of things. Names are the symbols of things. 11 Coke, 20; Bouv. 142; Initials are no legal part of a name, the authorities holding the full Christian name to be essential. Monroe Cattle Co. vs. Becker, 147, U.S. 47, 58; Calling things by the same name does not obliterate the differences between them. Cincinnati R.R. vs. Kentucky, 115, U.S. 321, 337; Where truth is, fiction of law does not exist. Blacks, 494; Bouv. 127; A fiction of law injures no one. 3 Coke, 36; 3 Bl. Com. 43; Yet, they use fictions to injure people and evade American Law daily! In the fiction of law there is always equity; a legal fiction is always consistent with equity. 11 Coke, 51a, 90; Broom, Max. 127, 130;
Page 24

Fiction is a poor ground for changing substantial rights. C.L.M.; Fictions arise from the law, and not law from the fictions. Bouv. 136; Fiction of law is wrongful if it works loss or injury to any one. 2 Coke, 35; 3 Coke, 36; 3 Bl. Com. 43 Broom, Max. 122; (Emphases added.) Things invalid from the beginning cannot be made valid by subsequent acts. Tray. Leg. Max. 482; Finch, Law, b. 1, c. 3, n. 8 The mandate of an immoral or illegal thing is void. Dig. 17, 1, 6, 3; Time cannot render valid an act void in its origin. Dig. 50, 17, 29; Fraud is not purged by circuitry (sophistry). Fraud deals in generalities. Bacon Max. reg. 4; Broom, Max. 228; Tray. Leg. Max. 162; 2 Coke, 34a; 3 Coke, 81a; It is fraud to conceal a fraud. 1 Story, Eq. Jur. s. 389, 390; He acts in fraud of the law who, though the letter of the law being inviolate, uses the law contrary to its intention. Dig. 1, 3, 29; Gross negligence is equivalent to fraud. Blacks 2nd 304, 698; Dig. 11, 6, 1; 1 Bouv. Inst. n. 646; Misconduct binds its own authors. It is a never-failing axiom that every one is accountable only for his own offense or wrong. Ersk. Inst. 4, 1, 14; Want of skill is reckoned as culpa; (sic) that is, as blamable conduct or neglect. Dig. 50, 15, 132; Make particular note: Things are not People! Things are inanimate objects. The above Rules of Law defeat the so-called strawman, ss. the ALL CAPITAL LETTERS NAME and physical address and STREET and CITY and TOWN and STATE and zip code, all of which are fictitious entities.

You do not have a Name nor NAME !

Here is the proof for never using nor responding to the word name so desperately necessary to the corrupt courts, etc. My experience in the purported Kerr county court during December, 2006 when they kidnapped Me for contempt of court and after I had been there for days charged Me with further contempt without even having an appearance in a court demonstrates the significance of giving them your name. It took them nearly one month to devise a way around My not giving them a name! Hence, I have been grievously injured by deprivation of unalienable rights. Remedy lays in law and in equity in the circuit courts of the United States for the violation of any right pursuant to Article IV, Article VI, and Bill of Rights of Supreme Law of the Land. Please notice: courts of the United States are not the same as the U.S. courts: See Ballentines Law Dictionary 1942 Supplement, District Court. NAME, n. (...L. nomen; ) 1. That by which a thing is called;...A name may be attached to an individual only, and is then proper or appropriate, as John, Thomas, London, Paris; PROPER, adj. (...L. proprius;...) 1. Peculiar; naturally or essentially belonging to a person or thing. (2. omitted for clarity.) 3. Ones own. It may be joined with any possessive pronoun; as our proper son. Shak. (Note. Own is often used in such phrases; at your own proper cost. This is really tautological, but sanctioned by usage, and expressive of emphasis.) 4. Noting an individual; pertaining to one of a species, but not common to the whole; as a pro-per name. (Emphases added.) Dublin is the proper name of a city. PRONOUN n. (...L. pronomen, for, name;...) In grammar, a word used instead of a noun or name, to prevent the repetition of it. The personal pronouns in English are I, thou or you, he, she, we, ye and they... (Authors note: thou is singular, e.g. Thou, Harry. Ye is plural, e.g. Ye, Harry and Amy. The passing of thou and ye from common usage prompted the Southern vernacular yall or you all to clarify singular you and plural you. See, the South really was right about some thing!)
Page 25

SURNAME, n. (Fr. surnom; It. soprannome; Sp. sobrenombre; L. super and nomen.) 1. An additional name; a name or appellation added to the baptismal or christian name, and which becomes a family name. Surnames, with us, originally designated occupation, estate, place of residence, or some particular thing or event that related to theperson. Thus William Rufus or red; Edmund Ironsides; Robert Smith, or the smith; William Turner. 2. An appelllation added to the original name. My surname Coriolanus. Shak. The above from Websters Dictionary, First Edition, 1828. proper name . A persons Christian or first name. Ones proper name has been used from the most distant times to distinguish the particular individual from his fellows. It was originally the only name recognized by the law, and has always been considered an essential part of the name of an individual. 19 R. C. L. 1327. Ballentines Law Dictionary, 1930.

And now for the coup de grce :


nomen "Latin# A debt or debtor. Blacks Law Dictionary, 6th Edition. Is there any doubt why we are not taught Latin in school any longer?! Its all in the words % folks! Bill Claves; Terminology is destiny. Justice Antonin Scalia; From Bouviers Law Dictionary: LETTER CARRIER. A person employed to carry letters from the post office to the persons to whom they are addressed. 2. The act of congress of March 3, 1851, Statutes at Large of U. S. by Minot, 591, directs, _10, That it shall be in the power of the postmaster general, at all post offices where the postmasters are appointed by the president of the United States, to establish post routes within the cities or towns, to provide for conveying letters to the post office by establishing suitable and convenient places of deposit, and by employing carriers to receive and deposit them in the post office; and at all such offices it shall be in his power to cause letters to be delivered by suitable carriers, to be appointed by him for that purpose, for which not exceeding one or two cents shall be charged, to be paid by the person receiving or sending the same, and all sums so received shall be paid into the post office department: Provided, The amount of compensation allowed by the postmaster general to carriers shall in no case exceed the amount paid into the treasury by each town or city under the provisions of this section. 3. It is further enacted by c. xxi. s. 2, That the postmaster general shall be, and he is hereby, authorized to appoint letter carriers for the delivery of letters from any post office in California or Oregon, and to allow the letter carriers who may be appointed at any such post office to demand and receive such sum for all letters, newspapers, or other mailable matter delivered by them, as may be recommended by the postmaster for whose office such letter carrier may be appointed, not exceeding five cents for every letter, two cents for every newspaper, and two cents for every ounce of other mailable matter and the postmaster general shall be, and he is hereby, authorized to empower the special agents of the post office department in California and Oregon to appoint such letter carriers in their districts respectively, and to fix the rates of their compensation within the limits aforesaid, subject to, and until the final action of, the postmaster general thereon. And such appointments may be made, and rates of compensation modified from time to time, as may be deemed expedient and the rates of compensation may be fixed, and graduated in respect to the distance of the place of delivery from the post office for which such carriers are appointed, but the rate of compensation of any such letter carrier shall not be changed after his appointment, except by the order of the postmaster general; and such letter carriers shall be subject to the provisions of the forty first section of the act entitled "An Act to change the organization of the post office, department, and to provide more effectually for the settlement of the accounts thereof," approved July second, eighteen hundred and thirty six, except in cases otherwise provided for in this act. Bouviers Law Dictionary, 6th Ed.; LETTER OF CREDIT, contracts. An open or sealed letter, from a merchant in one place, directed to another, in another place or country, requiring him that if a person therein named, or the bearer of the letter, shall have occasion to buy commodities, or to want money to any particular or unlimited amount, either to procure the same, or to pass his promise, bill, or other engagement for it, the writer
Page 26

of the letter undertaking to provide him the money for the goods, or to repay him by exchange, or to give him such satisfaction as he shall require, either for himself or the bearer of the letter. 3 Chit Com. Law, 336; and see 4 Chit. Com. Law, 259, for a form of such letter. 2. These letters are either general or special; the former is directed to the writers friends or correspondents generally, where the bearer of the letter may happen to go; the latter is directed to some particular person. When the letter is presented to the person to whom it is addressed, he either agrees to comply with the request, in which case he immediately becomes bound to fulfill all the engagements therein mentioned; or he refuses in which case the bearer should return it to the giver without any other proceeding, unless, indeed, the merchant to whom the letter is directed is a debtor of the merchant who gave the letter, in which case he should procure the letter to be protested. 3 Chit. Com. Law, 337; Malyn, 76; 1 Beaw. Lex Mer. 607; Halls Adm. Pr. 14; 4 Ohio R. 197; 1 Wllc. R. 510. 3. The debt which arises on such letter, in its simplest form, when complied with, is between the mandator and the mandant; though it may be so conceived as to raise a debt also against the person who is supplied by the mandatory. 1. When the letter is purchased with money by the person wishing for the foreign credit; or, is granted in consequence of a check on his cash account, or procured on the credit of securities lodged with the person who granted it; or in payment of money due by him to the payee; the letter is, in its effects, similar to a bill of exchange drawn on the foreign merchant. The payment of the money by the person on whom the letter is granted raises a debt, or goes into account between him and the writer of the letter; but raises no debt to the person who pays on the letter, against him to whom the money is paid. 2. When not so purchased, but truly an accommodation, and meant to raise a debt on the person accommodated, the engagement, generally is, to see paid any advances made to him, or to guaranty any draft accepted or bill discounted and the compliance with the mandate, in such case, raises a debt, both against the writer of the letter, and against the person accredited. 1 Bells Com. 371, 6th ed. The bearer of the letter of credit is not considered bound to receive the money; he may use the letter as he pleases, and he contracts an obligation only by receiving the money. Poth. Contr. de Change, 237. Bouviers Law Dictionary, 6th Ed.;

Note: Credit cards are in actuality Circular Letters of Credit.


LOCAL GOVERNMENT. The government of a particular locality; the governmental authority of a

municipal corporation over its individual affairs by virtue of power delegated to it by the general government. Bouviers Law Dictionary, 8th Ed. Make particular note: Local government today refers to a municipal corporation. A municipal corporation is absolutely not a republican form of government! A municipal corporation may have certain limited functions for assisting a republican form of government "Article IV, VI# in its lawful duties, but a municipal corporation may not function as government. Today, America is suffering under precisely that problem: The municipal corporations are suppressing American Law and republican form of government using fictitious entities, peoples ignorance, fear, and apathy, and inflicting codes, rules, regulations, policy, administration, guidelines, manuals upon everyone everywhere. The law is not to be violated by those in government. Jenk. Cent. 7; As usurpation is the exercise of power to which another has a right; so tyranny is the exercise of power beyond right, to which no body can have a right. Locke, Treat. 2, 18, 199; The government is to be subject to the law, for the law creates the government. C.L.M. The government cannot load a citizen with imposition against his will or consent. 2 Coke, 61; No one should hold two offices at the same time. 4 Inst. 100; That last Rule of Law "maxim# exposes another problem today. The professed government employees are actually employees of a municipal corporation which has an Employer Identification Number "EIN#, which makes it a domestic corporation under the control of Internal Revenue Service "IRS#, which is itself a domestic corporation. A domestic corporation is a corporation chartered, residing, and doing business within the geographic limits of Washington, D.C., also known as, The United States, UNITED STATES, United States, &c. Hence, professed state and county and city employees are not lawfully holding government offices in a republican form of government "Article IV, VI#!
Page 27

Furthermore, Marshals have been appearing at the mumicipal levels during these last few years. By defintion a marshal is a federally appointed officer, not a state, nor county nor municipal officer!!! See: Webster, 1828; Bouvier, &c. Now, ponder this: By definition license is permission to do that which would be unlawful without it. See Bouvier, Webster, Blackstone, others. So why are Americans constantly seeking or forced to obtain license for every ordinary activity for daily living in this realm? What is unlawful about traveling? What is unlawful about using a motor vehicle? What is unlawful about conducting a plumbing business? What is unlawful about selling land? What is unlawful about being employed in a position of public trust? What is unlawful about getting married? And on, and on, and on ad nauseam... Again, They are using fictitious entites against unknowing people for evading American Law: See this Authors article on Car Titles: You do not own your car! As mentioned previously, a Remonstrance is the proper Due Process of Law for contacting any legislative or administrative body such as county commissioners, state legislatures, national congress at Washington, D.C. As with every legal document, it is simple and direct. Every legal document is merely a statement of facts supported by certain Truths, self-evident truths "Declaration of Independence, 1776#, also known as axioms or points of order or maxims or Rules of Law. The Declaration of Independence, 1776 is the most famous remonstrance of modern times. It is not merely a brilliant legal instrument, but is also a magnificent piece of literature and philosophical argument. Always remember, American Due Process of Law can only operate by using proper legal instruments; if the proper legal instruments for defending and stating your particular Rights, beliefs, or will are not Recorded into the Public Record, you are presumed to consent to whatever the powers that be "county commissioners, state representatives, national representatives, &c.# determine to inflict upon you, your family, your property our neighbors, or everyone. Merely attending a public meeting or public hearing once or on occassion, even if one verbally addresses the particular body, your statement has not been made under solemn oath or affirmation so has no wieght at law, hence does not legally exist and is ignored. One absolutely must support ones position in writing recorded into the public record. Then when they ignore the will of their constituents you have legal grounds to Sue the Bastards %% Or, If it aint on paper, it dont exist! The only way to control them or beat "win# them is with Due Process of Law. No business can operate automatically nor successfully exist without supervision, guidance, management, or labor, the boss must be in control. Each and every American is the boss over each and every socalled government official or employee, the people must supervise, guide, manage them through each of our labors or they spin more-and-more out of control. The American System, both the lawful system and their administrative system operate on the fundamentals of debate, also known as rhetoric or argumentation. That crucial topic stopped being taught to American children before W.W.II ensuring Americans would be defenseless against the system through their ignorance of those fundamentals. Power should be strictly interpreted. Jenk. Cent. 17; Bouv. 2154; Politics are to be adapted to the laws, and not the laws to politics. Hobs. 154; Bouv. 2154; Power ought follow, not precede justice. 3 Bull. 199; Bouv. 2154; Witnesses are weighed not counted. 1 Stark. Ev. 554; Best Ev. 426 389; Bouv. 2154; Prevention is better than cure. Co. Litt. 304; Bouv. 2154; Proofs ought to be made evident, clear, and easy to be understod. Co. Litt. 283; Bouv. 2155; Words spoken to one end ought not be perverted to another. 4 Co. 14; Bouv. 2155; The properties, that is to say proper meanings, of words are to be observed. Jenk. Cent. 136; Bouv. 2155; The moment the idea is admitted into society that property is not as sacred as the laws of God, and there is not a force of law and public justice to protect it, anarchy and tyranny commence. John Adams;
Page 28

Conservation of Energy is the Law of the Universe: The less energy one expends for achieving a goal, the less success one will realize; The more energy one expends for achieving ones goals, the greater are the rewards realized: Universal Law of Attraction; If you think you can or you think you cant; Either way you are right. Please appreciate references to The State of Texas Codes have comparable clauses in codes for every other state across America. Due Process of Law is the same everywhere because it is founded upon the same English and American Common Law which is secured and guaranteed by the supreme Law of the Land, ss. constitution for the United States of America, which encompasses the first twelve amendments as well. I know of no safe depository of the ultimate powers of the society but the people themselves, and if we think them not enlightened enough to exercise control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion. Thomas Jefferson; ...you must know the law and be well disposed to use it. Thomas Jefferson; Dont go around saying the world owes you a living. The world owes you nothing, it was here first. Mark Twain; Freedom is never more than one generation away from extinction. We didnt pass it to our children in the bloodstream. It must be fought for (earned), protected, and handed on for them to do the same, or one day we will spend our sunset years telling our children and our childrens children what it was once like in the United States (of America) where men were free. R. Reagan; The Constitution doesnt guarantee happiness, only the pursuit of it. You have to catch up with it yourself. Benj. Frankin; Keep away fom people who try to belittle your ambitions. Small people always do that, but the really great make you feel that you, too, can become great. Mark Twain; ...People putting people down... John Prine; It is human nature to hate a person whom you have in jured. Ancient Roman axiom; Democracy and socialism have nothing in common but one word: equality. But notice the difference: while democracy seeks equality in liberty, socialism seeks equality in restraint and servitude. Alexis de Tocqueville; No arsenal, or no weapon in the arsenals of the world, is so formidable as the will and moral courage of free men and women. R. Reagan; When shall it be said of any country of the world, my poor are happy, neither ignorance or distress is to be found among them; my jails are empty of prisoners, my streets of beggars; the aged are not in want, the taxes not oppressive; the rational world is my friend because I am friend of its happiness. When these things can be said, then may that country boast of its constitution and government. Thomas Paine; There are a thousand hacking at the branches of evil to one who is striking at the root. H D Thoreau; Convictions (that is, Principles) are non-negotiable. Rev. R. R. Bernard, "Thomas Yoder vs. U. S.#; In the beginning of a change, the patriot is a scarce man; brave, hated, and scorned. When his cause succeeds, however, the timid join him, for then it costs nothing to be a patriot. Mark Twain. With the information and sources provided herein, you too can now strike at the root of evil. Remember Mark Twains paraphrasing of a Rule of Law "maxim# supra: Truth is stranger than fiction: For fiction must at least seem reasonable.

Page 29

Laymans Law Library To live within any of the American republics, certain fundamental knowledge and associated books are requisite: See Jeffersons, Madisons, Adams, Franklins writings. In addition to the Federalist Papers and Anti-Federalist Papers, see www.loa.org, the following books are of great everyday import: Life, Liberty, Property, Charles Weisman Maxims of Law, Charles Weisman Treatise on Arrest and False Imprisonment, Charles Weisman An American Dictionary... , Noah Webster, First Ed., 1828 Note: All the above, and more, are readily available from Weisman Publications, c/o U.S.P.O. Box 240844, Apple Valley, Minnesota. non-domestic. ; www.seek-info.com Shipping costs $1 per book; Forms in Chancery...and at Common Law, Benj. Oliver 1842 $78; $8; $7.50; $11; $62;

Note: The above and more are available from William S. Hein & Co., c/o 1285 Main St., Buffalo, New York. " non-domestic.# Law book catalogue: www.wshein.com ; Law Library on-line: www.heinonline.org The Art of Questioning, Peter Megargee Brown The Law of Torts, or Private Wrongs, Francis Hilliard Published 1859. (Contains a chapter about suing for false imprisonment) Institutes of American Law, John Bouvier Published 1851. A Law Dictionary, Adapted to... 2nd Edition, John Bouvier 1843 Note: All the above, and more, are readily available from The Law Book Exchange, c/o 33 Terminal Avenue, Clark, New Jersey. "non-domestic.# Shipping: $5 first book, $1 each addl. book; www.lawbookexchange.com Note: Lawful marriage, also known as Holy matrimony has not existed within America since before World War II! It is a solemn occasion sealed instrument known biblically, at law, and in equity as a covenant, the highest-level contract existing. A common law marriage is not the same as a lawful marriage, marriage at law, Holy matrimony: It is a Patriot Myth rensnaring the uninformed into a de facto fictitious jurisdiction! To live within the Republic, one must unequivocally exercise due process of law, that extends to marriages and births as with all affairs of life on earth. That is not complex: It merely entails executing a lawful affidavit under seal. Rarely use a Notary Public. They, by definition, only handle commercial documents. None of the professed clergy, or judiciary, today are competent to perform lawful marriages and births. They are all compromised by their 501 c 3 Non-profit status or their municipal corporate employee status, i.e. merchantsin-commerce. A state-issued Marriage License is one peculiar form of business association invented by the de facto government after W.W.I making the state and this state the senior partner in the arrangement, such being your daily affairs and properties. $ 20; $195; $250; $295;

Page 30

Common Law Authorities for Every American:


Maxims of Law, Charles Weisman; An invaluable book for all: $7.50; First Step to Freedom! Political, Personal, Property Rights..., Ch. Justice Theophilus Parsons; Treatise on Personal Liberty and the Writ of Habeas Corpus, Rolland Hurd; Every Woman Her Own Lawyer, George Bishop; *Englishmans Right..., Hawle, [Teaches the true duties of lawful juries and jurors.]; *The unanimous Declaration of the thiteeen united States of America, T.Jefferson; *Confederation Treaty, 1778, Continental Congress (publ. at 7 Stat 13); *Constitution for the United States of America, James Madison, et alii; *Bill of Rights, Madison, Mason, et alii; [Only the first eleven are significant.] *Bouviers Law Dictionary and Concise Encyclopedia, Judge John Bouvier; An American Dictionary of the English Language, Noah Webster, First Edition (1828); *View of the Constitution of the United States of America, Wm. Rawle; *Federalist Papers, Madison, Hamilton, Jay; *Anti-Federalist Papers, Lee, Clinton, Mason, Mercy Otis Warren; *Observations on the Nature of Civil Liberties, the Principles of Government,... Richard Price; Law of Torts, Francis Hilliard; Commentaries on American Law, Judge James Kent; Principles of Government, Ch. Justice. Nathaniel Chipman; *Sketches of American Policy, Noah Webster; Institutes of American Law, Judge John Bouvier; Commentaries on the Constitution of the United States..., Justice Joseph Story; Moral Catechism, Noah Webster; Primer of Ethics, Benj. Comegys; *Civil Disobedience, Henry David Thoreau; Unwritten Constitution..., Professor Christopher Tiedeman; Constitution of the United States:..., James Beck (Attorney General of the United States); The Constitution:..., Page Smith; Others; www.biblio.com

* = Available as .pdf files.


Page 31

Table of Authorities Holy Bible, Trans. by Geo. Lamsa; Holy Bible..., Noah Webster; Nag Hammadi Library, Miscellaneous other Ancient Manuscripts; The Peloponnesian War, Thucydides; Socratic Dialogues, Republica, Plato; The Politics, Aristotle; The Prince, Discourses on Livy, Niccol Machiavelli; The Social Contract, Jean-Jacques Rouseau; Institutes of Natural Law, Professor T. Rutherforth; Englishmans Right..., Hawle [Manual for Jurors.]; Two Treatises on Government, John Locke; Discourses Concerning Government, Algernon Sidney; Cokes Institutes, Edward Coke; Catos Letters, Trenchard and Gordon; Vindication of the Conduct of the House of Representatives, James Otis; The Rights of the British Colonies Asserted and Proved, James Otis; Suffolk Resolves, Joseph Warren; Pennsylvania Gazette; North Britain, James Wilkes; Of the Spirit of the Laws, Montesquieu; The Late Regulations respecting the British Colonies...Considered, John Dickinson; Letters from a Farmer in Pennsylvania, John Dickinson; Commentaries on the Laws of England, Sir Wm. Blackstone; A Fragment on Government, Jeremy Bentham; Observations on the Nature of Civil Liberties, the Principles of Government,... Richard Price; Pamphlets of the American Revolution, Bernard Bailyn, ed.; American Colonial Documents to 1776, Merrill Jensen, ed.; Declaration for Taking Up Arms, Thomas Jefferson; Unanimous Declaration of the thirteen united States of America, Thomas Jefferson; Essays; Thoughts on Government; Adams Family Papers, J. Adams, et alii; Library of Congress; National Archives; Confederation Treaty, 1778, Continental Congress (publ. at 7 Stat 13); Articles of Confederation; Continental. Congress;
Page 32

Moral Catechism, Noah Webster; Rollo Code of Morals, Jacob Abbott; Primer of Ethics, Benj. Comegys; Additional Number of Letters from a Federal Farmer..., Richard Henry Lee; The Farmer Refuted, A. Hamilton; Sketches of American Policy, Noah Webster; Examination into the Principles of the Federal Constitution Proposed..., Noah Webster; Collection of Essays..., Noah Webster; Observations on National Defense..., Simon Gardner; Notes on the State of Virginia (1787), T. Jefferson; Letter from an American Farmer, Hector St. John de Crvecoeur; Notes from Debates During the Federal Convention, James Madison; History of the Rise, Progress, and Termination of the American Revolution, Mercy Otis Warren; Records of the Federal Convention !787, Max Farrand; Constitution for the United States of America, James Madison, et alii; Bill of Rights, Madison, Mason, et alii; Journals of the Congress of the United States; Federalist Papers, Madison, Hamilton, Jay; Anti-Federalist Papers, Lee, Clinton, Mason, Mercy Otis Warren; Friends of the Constitution, Sheehan McDowell, ed.; Address and Reasons of Dissent..., Powers (1787); Debates in Several State Conventions..., J. Elliot; View of the Constitution of the United States, St. George Tucker; Commentaries on the Constitution of the United States of America..., James Wilson; Examination of the Constitution of the United States of America..., Tench Coxe; View of the Constitution of the United States of America, Wm. Rawle; Constitution of the United States..., John Randolph Tucker; Principles of Government, Ch. Justice Nathaniel Chipman; Virginia Resolves, 1798, J. Madison; Kentucky Resolves, 1799, T. Jefferson; Vermont Remonstrance, 1799, Rutland; Commentaries on the Constitution of the United States..., Justice Joseph Story; Military Laws of the United States..., T. Cross, John C. Calhoun; Blackstones Commentaries... Professor St. George Tucker; Commentaries on American Law, Judge James Kent;
Page 33

Institutes of American Law, Judge John Bouvier; Bouviers Law Dictionary and Concise Encyclopedia, Judge John Bouvier (2nd - 8th editions); Commentaries on Statute and Constitutional Law..., Professor E. Fitch Smith; Commentaries on American Law, Ch. Justice. Theophilus Parsons; Commentaries on Statute and Constitutional Law and Construction, E. Fitch Smith; An American Dictionary of the English Language, Noah Webster, First Edition; History of the United States,..., Noah Webster; The American Democrat, James Fenimore Cooper; Union and Liberty, J.C. Calhoun, R.M. Lence, ed.; The American Commonwealth, James. Bryce; Theory of the Common Law, James Walker; The Elements of Law..., Francis Hilliard; Law of Torts, Francis Hilliard; Treatise on Personal Liberty, Rolland Hurd; Political, Personal, Property Rights, Ch. Justice. Theophilus Parsons; Hand-Book of the Law of Torts, Gerald Chapin; Bussiness Mans Law Library... [In Four Books], I.R. Butts; Commentaries on Equity Jurisprudence, Justice Joseph Story; Equity Pleading,, Justice Joseph Story; Essays, Lysander Spooner; American Criminal Law, Francis Wharton; Commentaries on Criminal Procedure, Joel Prentiss Bishop; Hand-Book of Criminal Law, Wm. Clark, Jr.; Treatise on the Principles of Pleading, in Civil Actions, James Gould; Magistrates Guide, 1850, 1860; Conduct of Lawsuits Out of and In Court:..., John Reed; A Treatise on Commercial Law,..., Williams and Rogers; The Law of Evidence, Burr Jones; Gregorys Annotated Forms, George Gregory; Staytons Annotated Texas Forms, Robert Stayton; College Law, Professor P.B.S. Peters; Andersons Treatise on the Law of Sheriffs (1941); Andersons Manual for Notaries Public, First & Second editions; Corpus Juris; Corpus Juris Secundum; American Jurisprudence;
Page 34

A Treatise on Arrest and False Imprisonment, Charles Weisman; Civil Disobedience, Henry David Thoreau; Democracy in America, Alexis de Tocqueville; History of the Decline and Fall of the Roman Empire, Edward Gibbon; Observations on The Two Sons of Oil, Wm. Findley; Commentaries on Common Law; Selection of Legal Maxims... Herbert Broom; Construction Construed and Constitutions Vindicated, Taylor; New Views of the Constitution..., Taylor; Tyranny Unmasked, Taylor; The American Revolution: Writings from the War of Independence, John Rhodehamel, ed.; Framing of the Constitution of the United States, Max Farrand; In Defense of the Cosntitution, George Carey; Colonial Origins of the American Constitution, Donald Lutz, ed.; The Higher Law Background of American Constitutional Law, Edward Corwin; The State, Anthony de Jasay; On Power, Bertrand de Jouvenel; Government by Judiciary, Raoul Berger; Life of George Mason, K.M. Rowland; Patrick Henry: Life, Correspondence, Speeches Wm. Wirt Henry; Benj. Rush: Signer of Declaration of Independence, D. Barton; Life of Charles Carroll of Carrollton, K. M. Rowland; Life of John Jay, Wm. Jay; Correspondence & Public Papers of John Jay, Henry Johnston, Editor; Works of John Adams, John Adams, C.F. Adams, ed; Writings of Samuel Adams, S. Adams, H.A. Cushing, ed.; Works of Fisher Ames, F. Ames, Seth Ames, ed.; Memoir, Correspondence and Miscellany..., T. Jefferson; Works of Thomas Jefferson, T. Jefferson, P.L. Ford, ed.; Writings of Thomas Jefferson, T. Jefferson, A. Bergh, ed.; Memoirs and Letters of James Kent..., J. Kent, Wm. Kent, ed; Papers of James Madison..., J. Madison, H.D. Gilpin, ed.; Selections from the Private Correspondence of James Madison, J. Madison, J.C. McGuire, ed.; Letters and Other Writings of James Madison, J, Madison, R. Worthington, ed.; Writings of Thomas Paine, T. Paine, M.D. Conway, ed.;
Page 35

Writings of George Washington..., Geo. Washington, Jared Sparks, ed.; Writings of Washington, Geo. Washington, J.C. Fitzpatrick, ed.; Life and Public Services of Samuel Adams..., Wm. Wells; Works of the Honorable James Wilson..., Bird Wilson, ed.; Works of John Witherspoon..., J. Ogle, ed.; Life of James Otis, Wm. Tudor; Constitutional Limitations on Police Power of the State..., Professor Christopher. Tiedeman; Unwritten Constitution..., Professor Christopher Tiedeman; Constitution of the United States:..., James Beck (Attorney General of the United States); The Writs of Assistance Case, Maurice Smith; The Origins of the American Constitution: A Documentary History, Michael Kammen, ed.; Original Meanings: Politics and Ideas in the Making of the Constitution, Jack Rakove; The Beginnings of National Politics:...History of the Continental Congress, Jack Rakove; Laws of Texas, H. P. N. Gammel; Every Woman Her Own Lawyer, George Bishop; A Law Dictionary, Henry Campbell Black (2nd - 6th editions); Ballentines Law Dictionary, James Ballentine; Treatise on the Law of Torts, Justice Th. Cooley; Domestic Mail Manual, sec. 608.2; International Mail Manual; Collected Works of James Buchanan, J. Buchanan; Socialism, Ludwig von Mises; Creature from Jeckyll Island, G. Edward Griffith; Essays, Gore Vidal; Constitutional Chaos..., Judge A. Napolitano; Lies the Government Told You, Judge A. Napolitano; Whatever Happened to Freedom of Speech?, Judge A. Napolitano, 29 Seton Hall L.R., 1197; Case Against Lawyers, Judge Catherine Crier; Breach of Trust, Congressman. T. Coburn, M.D.; The End of America, Naomi Wolf; Beyond the Constitution, Professor. Hadley Arkes; The Basic Political Writings, Jean-Jacques Rouseau, Hackett, ed.; President's Private Sector Survey on Cost Control (Grace Commission Report), Grace & Reagan; The Constitution, Page Smith; James Wilson, Founding Father, Page Smith;
Page 36

John Adams, Page Smith; As A City Upon A Hill, Page Smith; A New Age Now Begins, Page Smith; Religious Origins of the American Revolution, Page Smith; Thomas Jefferson: A Revealing Biography, Page Smith; Others; Various lecture series available from The Teaching Company at Chantilly, Virginia; This Author owns many of the above listed books:

Mxkixkne Nehnanhs mup Pahsaek Politun.

Page 37

Warnings Every government degenerates when trusted to the rulers of the people alone. The people themselves, therefore, are its only safe depositories; and, to render even them safe, their minds must be improved to a certain degree. Notes on the State of Virginia, 1782 Thomas Jefferson, Annals of America, vol. 2, p. 570; I have never been able to conceive how any rational being could propose happiness to himself from the exercise of power over others. To: M. D. Tracy, 1811, Writings of T. Jefferson, Ford ed., V, 569; What country can preserve its liberties if its rulers are not warned from time to time that the people preserve the spirit of resistance?To: W.S. Smith 1787 The Writings of Thomas Jefferson, Ford ed., VII, 374; In questions of power, then, let no more be said of confidence in man, but bind him down from mischief by the chains of the Constitution.Thomas Jefferson, the Works of Alexander Hamilton, edited by Henry Cabot Lodge, vol. 9, p. 470; Unless the mass retains sufficient control over those intrusted with the powers of their government, these will be perverted to their own oppression.To: Mr. Van Der Kemp 1812 , the Writings of Thomas Jefferson, Washington ed., VI, 45; Fear is the only restraining motive which may hold the hand of a tyrant.Rights of British America, 1774 The Writings of Thomas Jefferson, Ford ed., vol. 1, p. 436; And can the liberties of a nation be thought secure when we have removed their only firm basis a conviction in the minds of the people that these liberties are the gift of God: That they are not violated but with His wrath? Indeed I tremble for my country when I reflect that God is just; that His justice cannot sleep forever. Notes on Va, 1782 Writings of Thomas Jefferson, Ford ed., III, 267; Our rulers will become corrupt, our people careless...the time for fixing every essential right on a legal basis is now while our rulers are honest, and ourselves united. From the conclusion of this war we shall be going downhill. It will not then be necessary to resort every moment to the people for support. They will be forgotten, therefore, and their rights disregarded. They will forget themselves, but in the sole faculty of making money, and will never think of uniting to effect a due respect for their rights. The shackles, therefore, which shall not be knocked off at the conclusion of this war, will remain on us long, will be made heavier and heavier, till our rights shall revive or expire in a convulsion. Notes on the State of Virginia, 1784 Thomas Jefferson, Query 17, p. 161; Single acts of tyranny may be ascribed to the accidental opinion of a day. But a series of oppressions, begun at a distinguished period, and pursued unalterably through every change of ministers, too plainly proves a deliberate systematic plan of reducing us to slavery. Thomas Jefferson; A little patience, and we shall see the reign of witches pass over, their spells dissolve, and the people, recovering their true sight, restore their government to its true principles. It is true that in the meantime we are suffering deeply in spirit, and incurring the horrors of a war and long oppressions of enormous public debt....If the game runs sometimes against us at home we must have patience till luck turns, and then we shall have an opportunity of winning back the principles we have lost, for this is a game where principles are at stake. T. Jefferson on the Sedition Act of 1798; I know of no safe depository of the ultimate powers of the society but the people themselves, and if we think them not enlightened enough to exercise control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion. Thomas Jefferson; But let there be no change by usurpation; for through this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed. Farewell Address, George Washington, Sept. 19, 1796; The slavery of a people is generally founded in ignorance of some kind or another; and there are not such facts as abundantly prove the human mind may be so sunk and debased, through ignorance and
Page 38

its natural effects, as even to adore its enslaver, and kiss its chains. Hence knowledge and learning may well be considered as most essentially requisite to a free, righteous government...If the reason of the mind, mans immediate rule of conduct, is in bondage to corruption, he is verily the worst of all slaves. Rev. Phillips Payson, Election Sermon to Massachusetts House of Representatives, May 27, 1778, Op. Cit., Thornton ...the executive has no right, in any case, to decide the question, whether there is or is not cause for declaring war. James Madison No legislative act contrary to the Constitution can be valid...The Constitution is , in fact, and must be regarded by judges as a fundamental law. Federalist #48, Alexander Hamilton If an acquaintanace with the Cosntitution and laws of our country be requisiste to preserve the blessings of freedom to the people, it necessarily follows that those who are to frame laws or administer the government should possess a thorough knowledge of these subjects. For what can be more absurd than that a person wholly ignorant of the Constitution should presume to make laws pursuant thereto? Or that one who neither understands the Constitution nor the law, should boldly adventure to adminsiter the government! St. George Tucker, Tuckers, Blackstones Commentaries Here we see a regular process a government issuing out of a constitution, formed by the people in their original character; and that constitution serving, not only as an authority, but as a law of control to the government. It was the political bible of the state. Scarcely a family was without it. Every member of the government ha a copy; and nothing was more common when any debate arose on the principle of a bill, or on the extent of any species of authority, than for the members to take the printed constitution out of their pocket, and read the chapter with which such matter is n debate was connected. Thomas Paine, Rights of Man. (W)hatever respect may be thought due to the intention of the Convention which prepared and proposed the Constitution, as presumptive evidence of the general understanding at the time of the language use, it must be kept in mind that the only authoritative intentions were those of the people of the States, as expressed through the Conventions which ratified the Constitution. J. Madison; On every question of construction carry ourselves back to the time, when the constitution was adapted; recollect the spirit manifested in the debates; and instead of trying (to find), what meaning may be squeezed out of the text, or invented against it, conform to the probable one, in which it was passed. T. Jefferson; (T)he sense in which the Constitution was accepted and ratified by the nation...be not the guide in expounding it, there can be no security for a consistent and stable, more than for a faithful exercise of its powers. J. Madison; (W)hatever may have been the intention of the framers of a constitution, or of a law, that intention is to be sought for in the instrument itself, according to usual & established rules of construction. Nothing is more common than for laws to express (sic) and effect, (sic) more or less than was intended....arguments drawn from extrinsic circumstances, regarding the intention of the convention, must be rejected. A. Hamilton, Letter to G. Washington, 1791; Judicial power, as contradistinguished from the power of the laws, has no existence. Courts are the mere instruments of the law, and can will nothing. When they are said to exercise a discretion, it is a mere legal discretion, a discretion to be exercised in discerning the course prescribed by law; and when that is discerned, it is the duty of the Court to follow it. Ch. J. J. Marshall, "Osborne v. Bank of United States.; In this country, there has, for a long time, been evinced in our legislative bodies, a propensity to legislate, so much so, that even unconstitutional legislation, or at least, that of doubtful constitutionality, has been carried to an alarming extent. An excess of legislation, is one of the greatest evils which has engrafted itself upon our political institutions....If my labor in this respect, shall in the least degree tend to stay the progress of the political pestilence of excessive and unconstitutional legislation, I shall ever regard it the best service I can render to my country....and
Page 39

until a change shall take place in the moral constitution of mankind, those errors will be less likely to be copied than they would have been, if the sentiments I have advanced and advocated, had been in more perfect unison with a construction, favorable to an aggression upon those private rights, around which, it was the design of the framers of our fundamental laws to throw the broad shield of the constitution. ...The learned judge (Barculo), in that case (People ex rel. Fountain et al. v. Board of Supervisors of Westchester County, Barb. Supr. Crt. Rep.), fully sustains, and forcibly illustrates the doctrine, that under our form of government, there are limits to legislative authority, irrespective of any constitutional restrictions upon legislative power. Smith, Com. Pref. Mistakes occur when the principles of specific constitutional provisions % such as those contained in the Bill of Rights % are taken by some as invitations to read into the constitution values that contradict the clear language of other provisions. E. Meese, speaking on Original Meaning; Even beyond the unreliability of almost all legislative history "most of which is now cooked-up legislative history# as an indication of intent, it seems to me that asking what the legislators intended rather than what they enacted is quite the wrong question. Nero, it is said, used to have his edicts posted high up on the pillars of the forum, thus rendering them more difficult to read and more easy to transgress un knowingly. The secrets of legislative history are the twentieth-century equivalent of high-posting. A. Scalia, speaking on Original Meaning; ...how to explain greater reliance upon those knowledgeable national figures who were present at the Convention than upon the remarks in the state ratifying debates % since it was ultimately the states (sic) "or the people# (sic)# who were the parties to this contract, and whose innermost intent "if anyones# is relevant? A. Scalia, speaking on Original Meaning; Terminology is destiny. A. Scalia; The people are the rightful masters of both Congress and the Courts. Not to overthrow the Constitution, but to overthrow the men who pervert the Constitution. A. Lincoln, 12 February 1865; It is not the fumction of our government to keep the Citizen from falling into error; it is the function of the Citizen to keep the government from falling into error. American Communications Association v. Douds, 339 U.S. 382, 442; The moment the idea is admitted into society that property is not as sacred as the laws of God, and there is not a force of law and public justice to protect it, anarchy and tyranny commence. John Adams; In the beginning of a change, the patriot is a scarce man; brave, hated, and scorned. When his cause succeeds, however, the timid join him, for then it costs nothing to be a patriot. Mark Twain; STATUS. The status of an individual, used as a legal term, means the legal position of the individual in or with regard to the rest of the community. The rights, duties, capacities and incapacities which determine a person to a given class, constitute his status. It also means estate, because it signifies the condition or circumstances in which one stands with regard to his property.This, of course, involves a sensible narrowing of the term status, a much discussed term which, according to the best modern expositions, includes the sum total of a mans personal rights and duties, or, to be verbally accurate, of his capacity for rights and duties. The movement of progressive society has been from status to contract. Bouviers Law Dictionary, 8th Edition; Status to contract, as it pertains to our dealings with civil government, invariably means that rights have been waived and replaced as government privileges by contract and license. Capacities are thereby lost and replaced by incapacities, with the promise of certain government privileges and benefits under contract. No longer is there a common understanding comprehension that our rights emanate from God, as secured and guaranteed to us by the Constitution. Rather, most Americans tout their civil rights. This is precisely what has been accomplished with government licenses. No longer is our legal standing one of status, but of contract. Peter Kershaw, Heal Our Land, Branson Missouri;
Page 40

Those who already walk submissively will say there is no cause for alarm. But submissiveness is not our heritage. The First Amendment was designed to allow rebellion to remain as our heritage. The Constitution was designed to keep government off the backs of the people. The Bill of Rights was added to keep the precincts of belief and expression, of the press, of political and social activities free from surveillance. The Bill of Rights was designed to keep agents of government and official eavesdroppers away from assemblies of people. The aim was to allow men to be free and independent and to assert their rights against government.Laird vs. Tatum, 408 US 1 at 28 Douglas, dissenting; The Common Law is absolutely distinguished from the Roman or Civil Law systems. People vs. Ballard, 155 NYS 2d 59 A nation can survive its fools and even the ambitious. But it cannot survive treason from within. An enemy at the gate is less formidable, for he is known and carries his banners openly against the city. But the traitor moves among those within the gates freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself. For the traitor appears not a traitor; he speaks in the accents familiar to his victims, and he wears their face and their garments, and he appeals to the baseness that lies deep in the hearts of all men. He rots the soul of a nation; he works secretly and unknown in the night to undermine the pillars of a city; he infects the body politic so that it can no longer resist. A murderer is less to be feared. Cicero, 45 B.C. A legitimate union of states depends for its continuance on the free consent and will of the Sovereign people of each state, and when that consent and will is withdrawn on either part, their union is gone. Any state forced to remain in a union by military force can never be a co-equal member of the American Union and can be viewed only as a subject province. Daily Union "newspaper#, Bangor, Maine, 13th Nov. 1860; The Constitution has admitted the jurisdiction of the United States within the limits of the several States only so far as the delegated powers authorize; beyond that they are intruders and may be rightfully expelled. John Calhoun; Freedom is not empowerment. Empowerment is what the Serbs have in Bosnia. Anybody can grab a gun and be empowered. Its not entitlement. An entitlement is what people on welfare get, and how free are they? Its not an endlessly expanding list of rights % the right to education, the right to health care, the right to food and housing. Thats not freedom, thats dependency. Those arent rights, those are the rations of slavery % hay and a barn for human cattle. P.J. ORourke, The Liberty Manifesto; What kind of a Peasce do we seeek? I am talking about a genuine Peace. the kind of peasce that makes life on Earth worth living. Not merely Peace in our time: Peace in all time. Our problems are man-made, therefore they can be solved by man. For in the final analysis, our most basic link is that we all inhabit this small planet, we all breathe the same air, we all cherish our childrens future, and we are all mortal. John Fitzgerald Kennedy, 1962 & 1963; Those who make peaceful revolution impossible will make violent revolution inevitable. John Fitzgerald Kennedy; Every area of trouble gives out a ray of hope; and the one unchangeable certainty is that nthing is certain or unchangeable. John Fitzgerald Kennedy; The high office of president has been used to foment a plot to destroy the Americans freedom, and before I leave office I must inform the citizens of this plight. John Fitzgerald Kennedy, 12th Nov. 1963 at Columbia University; The theory of the Communists may be summed up in the single sentence: Abolition of private property. Karl Marx; The moment the idea is admitted into society that property is not as sacred as the laws of God, and there is not a force of law and public justice to protect it, anarchy and tyranny commence. John Adams; Any movement that fails to support its political internees is a sham movement. Ojore Lutal The propitious siles of Heaven can never be expected on a nation that disregards the eternal rules of order and right which Heaven itself has ordained... Geo. Washington, Inaugural Address;
Page 41

People whose lives are barren and insecure seem to show a greater willingness to obey than people who are self-sufficient and self-confident. To the frustrated, freedom from responsibility is more attractive than freedom from restraint. They are eager to barter their independence for relief of the burdens of willing, deciding and being responsible for inevitable failure. They willingly abdicate the directing of their lives to those who want to plan, command and shoulder all responsibility. Eric Hoffer The True Believer; ...it does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds... Samuel Adams; Now then, if your brother is at fault with you, go and rebuke him alone; if he listens to you, then you have won your brother. But if he will not listen to you, take one or two with you, because at the mouth of two or three witnesses every word is established. And if he will not listen to them, tell the congregation; and if he will not listen to the congregation, then regard him as a tax collector and a heathen. Mat. 18:15-17; Truly I say to you, Whatever you bind on earth will be bound in heaven, and whatever you release on earth will be released in heaven. Again I say to you that if two of you are worthy on earth, anything that they would ask will be done for them by my Father in heaven. For wherever two or three are gathered in my name, I am there among them. Mat. 18:18-20; And he opened his mouth and taught them, saying, Blessed are the humble, for theirs is the kingdom of heaven....Blesssed are those who hunger and thirst for justice, for they shall be well satisfied....Blessed are the pure in heart, for they shall see God....Blessed are those who are persecuted for the sake of justice, for theirs is the kingdom of heaven. Blessed are you when men reproach you and persecute you and speak against you every kind of evil, falsely, for my sake, Then be glad and rejoice, for your reward is increased in heaven; for in this very manner they persecuted the prophets who were before you. Mat. 5:2-12; If there is faith in you even as a grain of mustard seed, you will say to this mountain, move away from here, and it will move away; and nothing would prevail over you. Nevertheless, this kind (of faith) does not come out except by fasting and prayer. Mat. 17:20-1; Woe to the world because of offences! Offences are bound to come; but woe to the man by whose hand the offences come! Mat. 18:7; Truly, truly, I say to you, He who believes in me shall do the works which I do; and even greater than these things he shall do, because I am going to my Father. John 14:12; Mat. 21:21; ...he will reward each man according to his works. Mat. 16:27; (Emphasis added.); O how narrow is the door and how difficult is the road which leads to life, and few are those who are found on it. Mat. 7:14; Therefore, whoever hears these words of mine, and does them, he is like a wise man who built his house upon a rock. Mat. 7:24; And whoever hears these words of mine, and does them not, is like a foolish man who built his house upon sand. Matt. 7:26; Therefore become perfect, just as your Father in heaven is perfect. Mat. 5:48; And Moses was a hundred and twenty years old when he died; but his eye was not dim, nor the skin of his cheeks wrinkled. Deut. 34:7; See: Genie in Your Genes, Dawson Church; & Science of Miracles, Gregg Braden for recent scientific research in health and biology simply explained; We never know how high we are till we are called to rise; And then if we are true to plan, our statures touch the skies. The heroism we recite would be a daily thing; Did not ourselves the cupids warp for fear to be a king. Emily Dickinson; If you do not control yourself, some one else will. Anon.;
Page 42

Status quo is not a good thing, it is non sequitur, it doesnt truly mean stay the same; In status quo there is no learning: in the absence of learning, there is no growth: in the absence of growth, there is no change: in the absence of change there is no progress: in the absence of progress, there is regress; Nothing can truly stay the same in an ever-changing Universe. Anon. There are a thousand hacking at the branches of evil to one who is striking at the root. H D Thoreau; Convictions (that is to say, principles) are non-negotiable. Rev. R. R. Bernard, "Thomas Yoder v. United States#;

The lawsuit INTERNAL REVENUE SERVICE VS. HENRY GOLTZ was Dismissed with Prejudice by U.S. district judge Royal Ferguson upon lodging the following Judicial Notice, to wit:

Page 43

______________, Aggrieved File on Demand FOR THE RECORD:

Lodgment

In the UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION
In the matter referred to as: __________________________ Judge _______________________

********************************************************** This Judicial Notice is in the nature of a

MEMORANDUM OF LAW
**********************************************************
This document is a chronology of applicable references and citations that deal with the nature of the socalled federal income tax. Sixteen cases are from the United States Supreme Court, six are from lower court or state court cases, one is a Tax Court case and five of the citations reference acts of Congress. Without exception, all support this fundamental theme: labor is property, property is a right, and a right cannot be taxed. Income is gain from corporate activities, and the tax laws tax Income separated from the source (the property). In sum, Income is not the same thing as receipts or what comes in or money or wages or salary, etc. Rather, income is gain or profit from corporate activities. The natural man is NOT a corporation and therefore he does not make a profit. He exchanges his property in labor for receipt of other property such as Federal Reserve debt notes. A Corporation, on the other hand, processes its receipts through a Profit & Loss or Income Statement, which is the evidence of Income received

Page 44

1884 Butchers Union Co. v. Crescent City Co., 111U.S. 746 at page 757. Labor is property. Mr. Justice Miller speaks for the Court: The property which every man has in his own labor, as it is the original foundation of all other property, so it is the most sacred and inviolable. The patrimony of the poor man lies in the strength and dexterity of his own hands, and to hinder his employing the strength and dexterity in what manner he thinks proper, without injury to his neighbor, is a plain violation of this most sacred property. 1894 Congress passed a 2% tax on income. 1895 Pollock v. Farmers Loan and Trust, 158 U.S. 601. The 1894 tax is unconstitutional. Chief Justice Fuller said: the Constitution divided federal taxation into two great classes, the class of direct taxes, and the class of duties, imposts, and excises; and prescribed two rules which qualified the grant of power as to each class. The power to lay direct taxes apportioned among the several states in proportion to their representation in the popular branch in Congress, a representation based on population as ascertained by the census, was plenary and absolute; but to lay direct taxes without apportionment was forbidden. The power to lay duties, imposts and excises was subject to the qualification that the imposition must be uniform throughout the United States. 1907 Adair v. United States, 208 U.S. 172. Value of ownership and Right of sale of Labor. Referring to the 5th Amendment, Mr. Justice Harlan speaks for the Court saying: an invasion of the personal liberty, as well as of the right of property, guaranteed by that Amendment. Such liberty and right embraces the right to make contracts for the purchase of the labor of others and equally the right to make contracts for the sale of ones labor. 1909 Congress passes the Corporation Excise Tax Act to tax corporate income (profit). 1909 Congress passed SJR 40 the Sixteenth Amendment to the Constitution. The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration. 1913 The States were recorded as having ratified the Sixteenth Amendment. Congress passes An Act to Reduce Tariff Duties and Provide Revenue for the Government, and for Other Purposes. Section II assessed the new income tax. 1913 Strattons Independence v. Howbert, 231 U.S. 399 at page 415. Income is defined. The Court said: income may be defined as the gain derived from capital, from labor, or from both combined, and here we have combined operations of capital and labor. 1915 Brushaber v. Union Pacific, 240 U.S. 1 at page 19. The Court upheld the constitutionality of the tax as an excise tax, not a direct tax subject to apportionment. Chief Justice Edward Douglas White said: the Amendment contains nothing repudiating or challenging the ruling in the Pollock Case that the word direct had a broader significance, that the purpose was not to change the existing interpretation except to the extent necessary to accomplish the result intended; that is, the prevention of the resort to the sources from which a taxed income was derived in order
Page 45

to cause a direct tax on the income to be a direct tax on the source itself, and thereby to take an income tax out of the class of excises, duties and imposts (where it belongs), and place it in the class of direct taxes. 1915 Coppage v. State of Kansas, 236 U.S. 1 at page 10. Ownership of labor. Mr. Justice Pitney speaks: The right of a person to sell his labor upon such terms as he deems proper is, in its essence the same as the right of the purchaser of labor to prescribe the conditions upon which he will accept such labor from the person offering to sell it. 1916 Stanton v. Baltic Mining, 240 U.S. 103. The Court reaffirms Brushaber. Chief Justice White said: by the previous ruling it was settled that the provisions of the 16th Amendment conferred no new power of taxation but simply prohibited the previous complete and plenary power of income taxation possessed by Congress from the beginning from being taken out of the category of indirect taxation to which it inherently belonged and being placed in the category of direct taxation subject to apportionment by a consideration of the sources from which the income was derived. 1917 Southern Pacific v. Lowe, 238 Fed. R. 850. The district court defines income. District Judge Manton said: I do not think that income, as used in the statute, should be given a meaning so as to include everything that cones in. The true function of the words gains and profits is to limit the meaning of the word income and to show its use only in the sense of receipts which constituted an accretion to capital. So the function of the word income should be to limit the meaning of the words gains and profits. The increased value of capital as such constitutes in one sense a gain or profit, but not income. Hence such gain or profit is not taxable, but only such profits and gains as constitute income are taxable. 1918 - Doyle v. Mitchell Brothers Co., 247 U.S. 179. Income is gain from corporate activities. Mr. Justice Pitney writes: What ever difficulty there may be about a precise and scientific definition of income, it imports, as used here, something entirely distinct from principal or capital either as a subject of taxation or as a measure of the tax; conveying rather the idea of gain or increase arising from corporate activities. 1918 Southern Pacific v. Lowe, 247 U.S. 330 at pg. 335. The Court affirms the district court. Mr. Justice Pitney writes: We must reject in this case, as we have rejected in cases arising under the Corporation Excise Tax of 1909 (Doyle v. Mitchell Brothers Co., ante, 179, and Hays v. Gauley Mountain Coal Co., ante, 189) the broad contention submitted in behalf of the Government that all receipts everything that comes in are income within the proper definition of the term gross income. 1920 Eisner v. Macomber, 252 U.S. 189 at page 198. The Court says Income is Gain. Mr. Justice Pitney writes: Income is the gain, come to fruition, from capital, from labor, or from both combined. This is sound doctrine both in law and in economics. Congress cannot by any definition it may adopt conclude the matter, since it cannot by legislation alter the Constitution. After examining dictionaries in common use (Bouv. L.D.; Standard Dict.; Websters Internat. Dict.; Century Dict.), we find little to add to the succinct definition adopted in two cases arising under the Corporation Tax Act of 1909
Page 46

(Strattons Independence v. Howbert, 231 U.S. 399, 415; Doyle v. Mitchell Bros. Co., 247 U.S. 179,185) Income may be defined as the gain derived from capital, from labor, or from both combined, provided it be understood to include profit gained through a sale or conversion of capital assets, to which it was applied in the Doyle Case(pp. 183, 185). 1921 Merchants Loan & Trust Co. v. Smietanka, 255 U.S. at page 517. The Court repeats: Strattons Independence v. Howbert, 231 U.S. 399, wherein the Court said: income may be defined as the gain derived from capital, from labor, or from both combined. Mr. Justice Clarke speaks for the Court: there would seem to be no room for doubt that the word must be given the same meaning in all of the Income Tax Acts of Congress that was given to it in the Corporation Excise Tax Act and that what that meaning is has now become definitely settled by decisions of this court. 1923 Adair v. Childrens Hospital, 261 U.S. 558. Equivalence of goods and labor. Mr. Justice Sutherland writes: moral requirement implicit in every contract of employment, viz., that the amount to be paid and the service to be rendered shall bear to each other some relation of just equivalence.In principle, there can be no difference between the case of selling labor and the case of selling goods. 1926 Bowers v. Kerbaugh-Empire Co., 271 U.S. at page 174. Meaning of income. Justice Butler writing for the Court said: Income has been taken to mean the same thing as used in the Corporation Excise Tax Act of 1909, in the Sixteenth Amendment and in the various revenue acts subsequently passed. 1936 Grosjean v. American Press Co., 297 U.S. 233. Cannot tax a right. The Court ruled that a state is forbidden to impose an excise tax upon a right secured by the Constitution. 1941 Champlin Refining Co. v. C.I.R., 123 F.2d at 203. Wages are not gain. The court said: Where property is given in exchange for other property, the cost of the property acquired is the value of the property given in exchange therefore. 1943 Murdock v. Penn., 319 U.S. 105. Cannot tax a right. The Court ruled that a state is forbidden to impose an excise tax upon a right secured by the Constitution. 1946 Laureldale Cemetery Association v. Matthews, 47 Atlantic 2d. 277 at page 280. Justice Patterson reports: Reasonable compensation for labor or services rendered is not profit. 1954 Clark v. United States, 211 F.2d 100. Receipts are not income. Circuit Judge Johnson stated: Of course, gross income and not gross receipts is the foundation of income-tax liability, for it is only earnings, profits and gains which the statue subjects to tax. 1955 Oliver v. Halstead, 86 S.E. Rep. 2d. 858 at page 859. Compensation for labor v. profit.
Page 47

Justice Smith speaks for the court: There is a clear distinction between profit and wages or compensation for labor. Compensation for labor can not be regarded as profit within the meaning of the law. The word profit, as ordinarily used, means the gain made upon any business or investment a different thing altogether from mere compensation for labor, Commercial League Association of America v. People ex rel. Needles, Auditor, 90 Ill. 166. 1959 Penn Mutual Indemnity Co. v. Commissioner, 32 Tax Court pg 660. Nothing is changed. the authority of Congress to impose a tax is plenary, except that direct taxes must be apportioned among the States according to population. If the tax is a duty, impost or excise, the rule of apportionment does not apply; only if it is direct does that rule come into play. 1960 Flora v. United States, 362 U.S.179. The Court affirms the voluntary nature of the tax. Chief Justice Earl Warren speaks for the court: Our system of taxation is based upon voluntary assessment and payment,not upon distraint. 1969 Conner v. United States, 303 F.Supp.1187. Income is used in its constitutional sense. District Judge Singleton explained: the meaning of income in its everyday sense is a gain or recurrent benefit usually measured in money that derives from capital or labor; also: the amount of such gain recovered by an individual in a given period of time. Websters Seventh New Collegiate Dictionary, p. 425. On page 1190 of the Singleton ruling above is a footnote, which refers to a Senate Finance Committee Report. That Report is No. 1622, 83rd Congress, 2nd Session, 168 (1954); which can be found in U.S. Code Congressional & Administrative News 1954, p. 4802. Entitled, Internal Revenue Code of 1954, it says as follows: Section 61(a) provides that gross income includes all income from whatever source derived. This definition is based upon the sixteenth amendment and the word income is used as in section 22(a) [Internal Revenue Code of 1939] in its constitutional sense. It is not intended to change the concept of income that obtains under section 22(a). In other words, income is still what it was in the revenue law of 1862; still what it was in Pollock; still what it is in the Sixteenth Amendment; still what it was in Brushaber and still what it was in the Internal Revenue Code of 1939. Income is profit or gain not salary or wages for labor!

On this Ninth day of March, anno Domini Two Thousand and Six All Rights Reserved Without Recourse.

Affirmed by: ________________________ Henry Dale Goltz.


Page 48

You might also like