THE UNITED STATES IS STILL A BRITISH COLONY
AMERICAN LAND OWNERSHIP, A TRUE OXYMORON
Last Chapter INTRODUCTION by the Informer
What Mr. Montgomery is trying to convey in this, his final
writing on this subject, is that laying of the foundation for how this country operates today. Not that you can go into a court
and present these arguments today, you can't.. If you don't
know the power structures beginnings then you are doomed forever
to repeat the same mistakes as those that preceded you in their
quest to seek justice. To truly win in the situation there must
be a concerted effort of at least 70 percent of the people to
overturn the present state of affairs. That will not happen
because of the ignorance of the masses that are so easily led by
those in power. The people have truly forsaken the true
Sovereign, namely the Lord Almighty. Without going into the so
called "religion" aspect, let me just pose some questions. Did
not the Lord Almighty create the land? Yes. Did the Pope
create the land? No! Did the King create the land? No! Did
any other man create the land? No! Did any group of men called
State create the land? No! Now that I have answered the
questions for you then here are some that you are to answer.
Then who is the real owner of the land? Did not the creator of
the land bestow it upon all men and their heirs to be stewards of
the land, granting to no one man or group of men, absolute
dominion over any land? When man dies who does the land escheat
to? For those not familiar with that term escheat, it means who
does the land go back to when all men die? Your answers can
only show that no Pope, King, Man himself, or group of men called
State can ever claim they own the land and charge another man a
fee to live on that land. Mr. Montgomery is showing you the
progression from a certain period of time that certain mere
mortal men have decided that they were granted certain rights
above all other men in claiming dominion over all land. The
pecking Order starting from the top in controlling land are;
1. The Pope
2. The Kings of all lands, but we are talking specifically
England here.
3. Knights
4. Lord Proprietors of the King in America
5. Royal Governors of the King, in America
6. Administrative officers of the corporate colonies of America
7. Freeholders/Freemen of granted property in America.
8. The officers of the newly constituted States of America which,
gave way to the;
9. Officers of the United States which now reverses 8 and 9 due
to the States joining Union.
10. The County officers which are the corporate instrumentalities
of the State.
11. Simple man, meaning you, reading this.
You, number 11, are so far removed from the land that the
Lord Almighty gave to all men, that essentially you have no claim
but as a squatter on someone else's land and have no control
whatsoever in saying you have the right to not pay taxes for the
use of the Pope's land. But the Pope is the figure head of a
corporation called the Vatican consisting of men forming a
" WHICH THE LORD ALMIGHTY NEVER CREATED A RELIGION",
claiming complete dominion over all land in the world. When the
Pope dies another of these men are chosen as the new Pope. There
is one little quirk that needs to be mentioned. That is, a group
of men exist that has control of even the Vatican, therefore
every chain holder on down to number 11 on the list is
controlled. That group of men are called Bankers. The Pope and
the King, in 1213, on to a period just past 1218, lost a lot of
money fighting each other and drew on a group of men, one in
particular, that loaned to each side money. When neither could
pay the loans back and defaulted, the money lender foreclosed.
He foreclosed in agreement by not taking all the property, except
for England, as is done today on foreclosures, but an arrangement
was made that satisfied the so called "holy trinity" that is
espoused by Mr. Montgomery below. That "Holy Trinity" is
mentioned in the Treaty of 1783. Who do you think the Holy
Trinity consists? So the list above from 1 to 11 needs another
entity. I did not put him in so I could make it clear who is in
order of claim to the land you live on as a tenant. Now number
one has been replaced by the Banker and everyone has shifted down
a notch. Hello number twelve, how do you like your position on
the list? Well, if people reject allegiance to the True Lord and
cling to another and pledge allegiance to another then you
deserve to pay those that allow you, through privilege, to live
on their land. You gave up that RIGHT to live on land of the
True Land Owner without even a fee, except to abide by His Laws
and not that of mere mortal man such as yourself. Until you
understand this and what Mr. Montgomery has tried telling you in
his previous articles and I have in my books and articles on the
net, you will, continue to be nothing but a slave to the system
that perpetrated a fraud on you and your family tree for
centuries. No, you cannot attack unless the numbers are
sufficient. Yes, the below is true despite what any one says to
degrade Mr. Montgomery's research of many years. These people
that degrade have either an ignorance level so high that no
amount of education will correct it or they are in league with a
higher number on the pecking order that wants to keep the status
quo. These men are the only ones that the Lord Almighty wished
woe upon in the Bible for "hiding the key of knowledge,"
in Luke and Matthew. You can look at it this way as relates to
present day. The Banker remains in complete control. I don't
mean your local banker, but those that control all banks in
America and the world. They operate with straw men many deep so
as to keep the people ignorant as to what is going on. Look at
the list above to see how many straw men exist. Mr Montgomery
mentions the pope once below. He is trying to keep it a little
simpler because the straw man of the Vatican/Pope, The Crown, is
easier to understand for most people. This is the same operation
that many people get into by creating so many corporations that
you never know just who is the controlling man. You may see this
on government stories where the detective says he traced back
through a tree of corporations and got lost in the many branches
and could not find who really owns the contraband. I will vouch
that Mr. Montgomery is a very thorough researcher and has nothing
to gain from the dissemination of the information below, with the
exception to get people to wake up to the truth instead of
constantly, for decades, chasing the elusive wizard of OZ with
all his smoke and mirrors. I have read Mr. Montgomery's article
below and it confirms what I have also found. As I said, the
power brokers control every lawyer and judge, who are also
lawyers, in this if not all other judges in the world because
without them the fraud could not be carried out. Have you ever
heard of an honest trial where justice is dispensed the American
man or woman who runs afoul of "the System," even when he is
innocent? Where do you think all the money the private IRS
collects goes? Maybe to the credit of the Straw man # 9 above?
Credit to whom? Just follow the ladder back up to the top, and
remember the original numbers have all dropped one notch down to
make room for whom?
The Informer
A WORD FROM THE AUTHOR
This book represents 10 years of my life, whether you agree
with my findings or not, know that my purpose for doing this
research and writing this book, is out of love for my County, and
the desire to serve my Lord Jesus Christ; with the hope of seeing
the greatest Nation on the face of the Earth once again serve the
God of Abraham. I've learned over the years, that My Lord's
grace IS sufficient, and His Love passes any comprehension or
understanding I thought I had, we are not forsaken. So those of
you that have become discouraged, don't, read the last chapter of
our Lord's letter, we WIN. In the days ahead there will no doubt
be temptation to yield to discouragement and despair, just keep
your purpose true and your eyes on Jesus, as with Peter, reach
out, take our Lord's hand, walk above the storm around you.
My thanks to the Informer and his years of dedication and
historical research, helping American's see through the fog of
deception, and his unmatched technical work and research in the
field of law and taxes, and for making his books available to the
public. The books we have published on this subject are in no
way the totality of the historical and legal documents concerning
the reality of our freedom, or rather, the lack thereof. I
challenge anyone with eyes to see and ears to hear, with a desire
to know the truth, continue the search with us. It's your
freedom, with knowledge as its key, never allow yourself to
become complacent with the status quo, always try to increase
your knowledge, because Knowledge Is Freedom.
James Franklin Montgomery
THE UNITED STATES IS STILL A BRITISH COLONY
AMERICAN LAND OWNERSHIP, A TRUE OXYMORON
Last Chapter
Many of you are aware that the laws of this nation and it's
states, were made to be in compliance and submission to the laws
of England, only modified by state and federal law. You will
see in this last Chapter state statutes from just a few of the
original colonies, that this is the case. Are these what are
called ancient statutes? Yes. However, since the king's
Corporation is alive and well as are his heirs, so is his Trust
and the law used to create and govern it. The law that governs
his Trust can only be amended, no law could be enacted contrary
to the king's will and cestui que trust, the main corporate sole
where office is always found, the Crown. The king's practice
of granting lands in this country to those loyal to him
continues, along with their land grants being protected by state
ancient statutes which are still on the books. We are governed
by the king's nobles just as in times of old England, self
proclaimed nobles, and corporate trusts. They rule this country
and the world. The huge corporations have been granted power and
liberty not known by the common man. The nobles, real and the
created, occupy their possessions as fiduciaries and trusties of
the king's grants; only if they remain loyal to the system, their
privilege and life style are their reward.
You will see that the Church of England was granted lands
in this country and their lands are protected by corporate
privilege, through trusts and fee simple title. As I have stated
before, the king receives the gain for his business venture here
in the United States, as he does with all his corporations. A
portion of the fines and taxes we pay today go right back to the
sovereign, the king of England, and his heirs and/or successors
as I pointed out in previous chapters of, "The United States Is
Still A British Colony". After reading the facts contained in
this chapter, you will find my conclusion, which is based on my
10 years of researching this subject, through acquiring and
culmination of historical facts which I have shared with you in
this Book.
The Nexus
ALL that Territory or Tract of ground, situate, lying, and being
within our Dominions in America,....(listed known boundaries) ....
AND moreover, all Veins, Mines, and Quarries, as well discovered
as not discovered, of Gold, Silver, Gems, and precious Stones,
and all other, whatsoever be it, of Stones, Metals, or any other
thing whatsoever found or to be found within the Country, Isles,
Limits aforesaid;" The Carolina Charter, 1663.
SAVING always, the Faith, Allegiance, and Sovereign Dominion
due to us, our heirs and Successors, for the same; and Saving
also, the right, title, and interest of all and every our
Subjects of the English Nation which are now Planted within the
Limits bounds aforesaid, if any be;..." The Carolina Charter,
1663
"YIELDlNG AND PAYING yearly, to us, our heirs and Successors, for
the same, the yearly Rent of Twenty Marks of Lawful money of
England, at the Feast of All Saints, yearly, forever, The First
payment thereof to begin and be made on the Feast of All Saints
which shall be in the year of Our Lord One thousand six hundred
Sixty and five; AND also, the fourth part of all Gold and Silver
Ore which, with the limits aforesaid, shall, from time to time,
happen to be found." The Carolina Charter, 1663
The below statute contains a wealth of information, it is just another example of who owns the land in this country. The
first thing I want you to see is, Corporation is large case C,
proper noun, referring to the main Corporation, the United States
Corporation, also made clear by the end of the first sentence.
Notice also, that even the Corporation (the United States
government)doesn't claim Allodial title, because that office
found is with the king, the government has only been vested with
fee simple title through the Corporate Charters of the Crown, as
amended by the 1783 Treaty of Peace and resulting 1787
Constitution. The king can only pass Allodial title to his
heirs, no one else. This is why the highest title the government
can pass is fee simple.
Also, notice that the Corporation can divest any and all
occupiers of the land of any title or deed they may hold,
transfer the land to the Corporation, in which it holds the land
in fee simple title, and the title previously held by individuals
or State has its title quieted (divested) and office found, then
reversion back to the Corporation.
Now if you will recall, the information I found concerning
an act George Washington enacted, contained in emails attached as
the addendum to the third chapter to this book, wherein
Washington extended the jurisdiction and control of the District
of Columbia. He created District States that overlaid the
States, since it is such a relevant subject and part of this
book, I include it after the below statute, so you can better
understand the statute below.
16 USC Sec. 831x
TITLE 16
CHAPTER 12A
Sec. 831x. Condemnation proceedings; institution by
Corporation; venue
-STATUTE-
"The Corporation may cause proceedings to be instituted for
the acquisition by condemnation of any lands, easements, or
rights-of-way which, in the opinion of the Corporation, are
necessary to carry out the provisions of this chapter. The
proceedings shall be instituted in the United States district
court for the district in which the land, easement, right-of-way,
or other interest, or any part thereof, is located, and such
court shall have full jurisdiction to divest the complete title
to the property sought to be acquired out of all persons or
claimants and vest the same in the United States in fee simple,
and to enter a decree quieting the title thereto in the United
States of America.
Also, see below: 40A-2 sec. 3 "Eminent domain", N.C. statute.
Before we move on to the action taken by George Washington,
you need to understand that the legal term fee simple is now a
metaphor, just as the legal term United States. It is given lip
service today in relation to the common man, and has another
meaning when used in relation to the Crown or the main sub
Corporation, the United States, with its seat being the District
of Columbia. When dealing with land ownership you have to use
the definition at law that governs the Crown, not the metaphors
created later by his barristers, to con the common man into
believing he/she has allodial, or fee simple title to the land.
All that is necessary to know the condition you own your land, if
you think have allodial, fee simple title, or fee tail title, is
ask yourself one question. Is there a tax imposed on the land
you claim to own? If a tax is or can be levied, you DO NOT own
the land, because if you fail to pay the tax, the land is
reclaimed by the Corporation, by alienation, and reversion.
Also, under the institutional law of the Crown, that came
with the conquest of Britain by William the Conqueror, you could
not be charged a tax on the land if you had fee simple title, it
could not be diminished in any way. The fee was payment by the
king for the sworn loyalty of the lords and knights to fight
for the king, in his wars of Conquest, later changed to a
monetary fee, to pay soldiers to fight in the wars. King Edward
I began the redefining of the legal term fee simple.
Tenthly, He made that great Alteration in Estates from what
they were formerly, by Statute Westminster 2. cap. 1. whereby
Estates of Fee-Simple, conditional at Common Law, were turn'd
into Estates-Tail, not removable from the Issue by the ordinary
Methods of Alienation; and upon this Statute, and for the
Qualifications hereof, are the Superstructures built of 4 H. 7.
cap. 32, 32 H. 8. and 33 H. 8." The History of the Common Law of
England by Matthew Hale 1713
Those living on your land under fee tail or a lessor title,
via deed to the land would pay the king's tax. As a metaphor, as
applied today, you can be charged a tax when you are told you
have fee simple title if you are a common man. The Corporation's
holdings are not taxed depending on the Corporate Charter granted
by the government, or if you have a trust that contains fee
simple title, with tax protection, you could be protected
legally, but you still don't own the land, when the life of the
trust expires, or is mis handled by the trusties, it reverts back
to the corporate sole, through alienation and office found, or by
confiscation due to delinquent tax obligations. So any fee
simple title you may have comes by legal right, not sovereign
grant. This is the difference between the tenants on the land
and the Corporation. Again if you are talking about the
Corporation or any of its holdings, its fee simple title is not
taxed, and is by sovereign grant from the king, enhanced by
Conquest, as his successor and trustee over his holdings.
George Washington's thought on Independence from the king
was echoed by many of our fore fathers.
In May, 1775, Washington said: 'If you ever hear of me joining
in any such measure [as separation from Great Britain], you have
my leave to set me down for everything wicked'- He also said: 'It
is not the wish or interest of the government [meaning
Massachusetts], or of any other upon this continent, separately
or collectively, to set up for independence'" Ingersoll, North
American Review, CLV. No.2, August, 1892, p. 183, also quote in
Sources of the Constitution of the United States, c. Ellis
Stevens, 1927, page 36.
Now to the Act of Washington, and for those of you who have
not seen this, the Act that made the reclaiming and managing of
the kings Corporation possible, and made possible the end run of
the 1787 Constitution.
STATE VS. DISTRICT, DID THE 1787 CONSTITUTION SURVIVE
Fall 1997
"How was this accomplished, in reading the Messages and
Papers of the Presidents, vol I, 1789-1897 I discovered the
following:
Gentlemen of the Senate:
Pursuant to the powers vested in me by the act entitled "An
act repealing after the last day of June next the duties
heretofore laid upon distilled spirits imported from abroad and
laying others in their stead, and also upon spirits distilled
within the United States, and for appropriating the same," I have
thought fit to divide the United States into the following
districts, namely:
The district of New Hampshire, to consist of the State of
New Hampshire; the district of Massachusetts, to consist of the
State of Massachusetts; the district of Rhode Island and
Providence Plantations, to consist of the State of Rhode Island
and Providence Plantations; the district of Connecticut, to
consist of the State of Connecticut; the district of Vermont, to
consist of the State of Vermont; the district of New York, to
consist of the State of New York; the district of New Jersey, to
consist of the State of New Jersey; the district of Pennsylvania,
to consist of the State of Pennsylvania; the district of
Delaware, to consist of the State of Delaware; the district of
Maryland, to consist of the State of Maryland; the district of
Virginia, to consist of the State of Virginia; the district of
North Carolina, to consist of the State of North Carolina; the
district of South Carolina; and the district of Georgia, to
consist of the State of the State of Georgia .Page 99 March 4,
1791
In George Washington's Proclamation of March 30, 1791 he
declares the district of Columbia to be created and it's borders
established, he says further:
And Congress by an amendatory act passed on the 3rd day of
the present month of March have given further authority to the
President of the United States....
First of all, the Judicial Districts were created by the
Judiciary Act of 1789, two years before Washington said Congress
gave him additional powers, thereby HE created District States,
so the federal government could use the militias to crush the tax
protesters in Pennsylvania, by Washington's order. Since the
Judicial Districts already existed, why did they recreate them?
If the District States were already created, would it not
be redundant to create them again? Washington said he was
dividing the United States into District States. He said
DIVIDING THE STATES, listen, DIVIDING THE STATES, not creating
districts in the states, DIVIDING THE STATES into DISTRICTS,
changing them, or you would not DIVIDE THEM, because the states
were already divided. How can you DIVIDE, SEPARATE the states,
made by the state and federal Charters/Constitutions? Why do
this when Congress already had the power to put down rebellion,
Article I, section 8, U.S. Constitution? This was an excuse to
DIVIDE the states into DISTRICTS, extending the jurisdiction of
the District of Columbia/Congress and delegating to the
President, authority given to Congress to suppress insurrection,
under art. I, sec. 8.
Second, the use of any military power before Congress
declares war, by direction of the President is done by him as
Commander-in-Chief. Until Congress declares war they cannot stop
the President unless they impeach him, or when they declare war
they can stop the President with their power of the purse, unless
the President were to then declare a national emergency, as
Commander-in-Chief, overriding Congress, in effect declaring
himself king, or in our case anyone holding that office, which we
now have. I disagree with the un-Constitutional emergency powers
claimed by the President, but unless the Judiciary declares the
President out of line, you or I cannot change this, unless you or
I were elected President, and declared this power
un-Constitutional, but Congress would then impeach you or I to
protect Public policy. Around and Around it goes. Again this
power comes from their operating under executive jurisdiction,
insular capacity: which was allowed by the Judiciary, beginning
with what Washington did. Because it was up to the Judiciary to
declare what Congress was doing as un-Constitutional, and up to
Washington to not take power delegated to Congress. This power
was affirmed by the Congressional Act of 1845, and in the
1850's by the insular cases. This set the stage for Lincoln to
legislate by executive orders, and here we are.
Third, the Districts Washington created answered directly to
the Commander-in-Chief, not Congress. In order for these
Districts to be created by the President, Congress had to give
the President power outside of the Constitution, as declared by
Washington himself. Martial law can be used as soon as the
military is called upon to put down insurrection or fight a war.
Washington created District States, not state districts, and the
military occupied the Pennsylvania District until the insurgents
went home, Washington said these Districts were created for
putting down the rebellion, however they were never disbanded
when the rebellion ended.
My email on the District States
These courts, then, are not constitutional courts in which the
judicial power conferred by the Constitution on the general
government can be deposited. They are incapable of receiving it.
They are legislative courts, created in virtue of the general
right of sovereignty which exists in the government, or in virtue
of that clause which enables Congress to make all needful rules
and regulations respecting the territory belonging to the united
States. The jurisdiction with which they are invested is not a
part of that judicial power which is conferred in the third
article of the Constitution, but is conferred by Congress in the
execution of those general powers which that body possesses over
the territories of the United States." Harvard Law Review, Our
New Possessions. page 481.
See also; Propeller Genessee Chief et al. v. Fitzhugh et al. 12
How. 443 (U.S. 1851) Jackson v. Magnolia, 20 How. 296 315,
342 (U.S. 1852) DOWNES v. BIDWELL, 182 U.S. 244 (1901), Hooven &
Allison & Co. vs Evatt, 324 U.S. 652 (1945)
Below you will see how Lincoln codified the war powers, the
nexus was the District States Washington created. I won't go
into the subject of the Conquest after the Civil War, since it
is far easier to understand, I invite you to read and study the
documents in Part III to learn about this subject. However, I
offer the below codification of Military Occupation, Conquest and
International codification of Martial law, you can download the
whole general order 100.
Martial Law - Military jurisdiction - Military necessity -
Retaliation
Article 1. A place, district, or country occupied by an enemy
stands, in consequence of the occupation, under the Martial Law
of the invading or occupying army, whether any proclamation
declaring Martial Law, or any public warning to the inhabitants,
has been issued or not. Martial Law is the immediate and direct
effect and consequence of occupation or conquest.
The presence of a hostile army proclaims its Martial Law.
Art. 2. Martial Law does not cease during the hostile occupation,
except by special proclamation, ordered by the commander in
chief; or by special mention in the treaty of peace concluding
the war, when the occupation of a place or territory continues
beyond the conclusion of peace as one of the conditions of the
same.
Art. 3. Martial Law in a hostile country consists in the
suspension, by the occupying military authority, of the criminal
and civil law, and of the domestic administration and government
in the occupied place or territory, and in the substitution of
military rule and force for the same, as well as in the dictation
of general laws, as far as military necessity requires this
suspension, substitution, or dictation.
The commander of the forces may proclaim that the
administration of all civil and penal law shall continue either
wholly or in part, as in times of peace, unless otherwise ordered
by the military authority."
{Instructions for the Government of Armies of the United States
in the Field, prepared by Francis Lieber, LL.D., Originally
Issued as General Orders No. 100, Adjutant General's Office,
1863, Washington 1898: Government Printing Office.}"
END OF DISTRICT STATE EMAIL
PLAN OF A NEW GOVERNMENT
Our fore fathers were first and foremost administrators for
the king and his holdings, so as to keep their grants and fee
simple titles, to their own land holdings in America and Britain.
Prior to the Revolutionary War, 1783 Treaty and the 1787
Constitution, there was a plan to organize a central government,
still subject to the king, still collecting taxes for the king.
The only difference between the government we have and the
government you read about below is your perception, with word and
technical changes. The 1787 Constitution was a well thought out
document, but the document below was its predecessor, the
similarities are obvious. What you will read below, along with
the other documents provided in this book, describe exactly what
we have today. Notice the two paragraphs provided below, in the
first a central government is to be set up, with each colony to
retain its own constitution. In the second paragraph you see
that, a President-General is to be elected to run the central
government for the king. What do we have now?
President-Commander-in-Chief. Also, he is appointed and
supported by the Crown.
How does any President get elected? The system is setup so
that only someone supported by the large corporations of this
country can seriously run for President, or be elected, because
of their financial support. Without this support, you cannot be
President, no matter what the public wants. So the public, only
has Crown approved men, they can select from, to vote for, that
way no matter who wins the Crown's interest is protected. The
public is told what to think about the different men the
corporations have chosen to represent them, so they think they
are making informed choices. Nothing could be further from the
truth, they are electing a man, no matter the party, that will
protect the Crown's interest, not the public's. You may wish to
continue to deny reality, but you can't separate the wet from
water, nor our government from Britain.
The 1754 Albany Plan of Union
"It is proposed that humble application be made for an act
of Parliament of Great Britain, by virtue of which one general
government may be formed in America, including all the said
colonies, within and under which government each colony may
retain its present constitution, except in the particulars
wherein a change may be directed by the said act, as hereafter
follows.
That the said general government be administered by a
President-General, to be appointed and supported by the crown;
and a Grand Council, to be chosen by the representatives of the
people of the several Colonies met in their respective
assemblies...."
The 1754 Albany Plan of Union.
The king's corporations are alive and well, lands they hold
in fee simple can be parceled out to whom they will, with the
lands returning to the king when the grant/trust/license expires.
The king made grants to his colonies and lords, they became
corporations under the United States Corporate Charter, the lords
make grants to other select men via corporate charters, or by
grants of Trusts or license to smaller corporations and
individuals. Any time a corporation dies and no office is found,
it's lands revert back to the granter of the corporation, and so
on back up the line, this is the reason for the inheritance tax,
and why it will never be repealed. I refer you back to an
earlier chapter I wrote called, "How Long Can A Corporation
Live". Also, check out a paper the Informer and I jointly wrote
on the subject of rent roll and reversion and corporation sole,
"Friends, Enemies And Die Hard Doubters", and you would be well
advised to read the Informer's book, "The New History Of
America", and his other publications. Before you read the
ancient statutes, you must understand the legal term fee simple.
UNDERSTANDING FEE SIMPLE
"63. 1. Origin of feuds- The constitution of feuds had its
original from the military policy of the northern or celtic
nations, the Goths, the Huns, the Franks, the Vandals, and the
Lombards, who all migrating from the same officina gentium (the
storehouse of nations), as Crag very justly entitles it, poured
themselves in vast quantities into all the regions of Europe, at
the declension of the Roman empire. It was brought by them from
their own countries, and continued in their respective colonies
as the most likely means to secure their new acquisitions: and to
that end, large districts or parcels of land were allotted by the
conquering general to superior officers of the army, and by them
dealt out again in smaller parcels or allotments to the inferior
officers and most deserving soldiers. These allotments were
called feoda, feuds, fiefs, or fees; which last appellation in
the northern languages signifies a conditional stipend or reward.
Rewards or stipends they evidently were; and the condition
annexed to them was, that the possessor should do service
faithfully, both at home and in the wars, to him by whom they
were given; for which purpose he took the juramentum fidelitatis,
or oath of fealty: and in case of the breach of this condition
and oath, by not performing the stipulated service, or by
deserting the lord in battle, the lands were again to revert to
him who granted them." 2 Blackstone's Commentaries, page 45
"Feud: An inheritable right to the use and occupation of lands,
held on condition of rendering services to the lord or
proprietor, who himself retains the property in the lands,"
Black's Law Dictionary, 4th Edition p.748 (1968).
"Thus, the people had land they occupied, devised, inherited,
alienated, or disposed of as they saw fit, so long as they
remained in favor with the King." F. L. Ganshof, Feudalism, p.
113 (1964).
"The largest estate in the land known to the law and implying
absolute dominion over the land; an estate of inheritance clear
of any condition, limitation, or restriction, to particular
heirs. 28 Am J2d Est 10. An estate of lawful inheritance or pure
inheritance, "fee" standing for inheritance and "simple" for pure
or lawful. A legal or equitable estate in land constituting the
largest estate and implying absolute dominion, although possibly
subject to executory limitations or conditions subsequent. Hay's
Estate v Commissioner (CA5) 181 F2d 169, 39 ALR 2d 453; Ford v
Unity Church Society, 120 Mo 498, 25 SW 394."
Ballentine's Law Dictionary, Third Edition, 1969
Are taxes to be paid by common man holding fee simple title?
Yes, according to the way fee simple is defined today. Today fee
simple has been reduced in status to fee tail for common man, he
is to pay all land taxes, also he must abide by all restrictions
placed on the land by federal, State and local governments, nor
can he use the land in any activity contrary to the Public
Policy. The difference is the U.S. Corporation just as the
knight was granted land for fee, in service of the king by grant.
Common man receives their fee from the Corporation in tail, a
lessor title, today fee simple and fee tail are synonymous,
depending on your status. I would have placed the quote here
from the Ohio Bar Association on fee simple, but they restrict
its use, however below is their web site so you can look for
yourself. http://www.ohiobar.org/public/law&you/part8.html
"This holding of lands under another was called a tenure,
and was not limited to the relation of the first or paramount
lord and vassal, but extended to those to whom such vassal,
within the rules of feudal [2] law, may have parted out his own
feud to his own vassals, whereby he became the mesne lord
between his vassals and his own or lord paramount. Those who
held directly to the king were called his "tenants in ... chief.
" I E. Washburn, Treatise on The American Law of Real Property,
Ch. 11, Section 58, P. 42 (6th Ed. 1902), Allodial And Land
Patents Titles
Maybe with the below quote you will also understand
the meaning and significance behind the pyramid on our dollar,
with the all seeing eye at the top of the pyramid.
"The fiefs were built in the same manner as a pyramid, with
the King, the true owner of the land, being at the top, and
from the bottom up there existed a system of small to medium
sized to large to large sized estates on which the persons
directly beneath one estate owed homage to the lord of that
estate as well as to the King." Id. at 114, Allodial And Land
Patents Titles
"At the lowest level of this pyramid through at least the 14th
and 15th centuries existed to serfs or villains, the class
of people that had no rights and were recognized as nothing
more than real property." F.Goodwin, Treatise on The Law of
Real Property, Ch. 1, p. 10 (1905), Allodial And Land Patents
Titles
"Under this type of fief a certain portion of the grain harvested
each year would immediately be turned over to the lord above that
particular fief even before the shares from the lower lords and
then serfs of the fief would be distributed. A more interesting
type of fief for purposes of this memorandum [3] was the money
fief. In most cases, the source of money was not specified, and
the payment was simply made from the fief holder's treasury, but
the fief might also consist of a fixed revenue to be paid from a
definite source in annual payments in order for the tenant owner
of the fief to be able to remain on the property." Gilsebert of
Mons, Chronique, cc. 69 and 1 15, pp. 109, 175 (ed.
Vanderkindere), Allodial And Land Patents Titles
"142. (1) Fee-simple estates--Tenant in fee simple (or, as he is
frequently styled, tenant in fee) is he that hath lands,
tenements, or hereditaments, to hold to him and his heirs
forever; generally, absolutely, and simply; without mentioning
what heirs, but referring that to his own pleasure, or to the
dispostition of the law. The true meaning of the word "fee"
(feodum) is the same with that of feud or fief, and in its
original sense it is taken in contradistinction to allodium;
which latter the writers on this subject define to be every man's
own land, which he possesseth merely in his own right, without
owing any rent or service to any superior." 2 Blackstone's
Commentary, page 105
"Thus, the term fee simple absolute in Common-Law England denotes
the most and best title a person could have as long as the King
allowed him to retain possession of (own) the land. It has been
commented that the basis of English land law is the ownership of
all reality by the sovereign. From the crown, all titles flow.
The original and true meaning of the word "fee" and therefore fee
simple absolute is the same as fief or feud, this being in
contradiction to the term "allodium" which means or is defined as
a man's own land, which he possesses merely in his own right,
without owing any rent or service to any superior." Wendell [4] v
Crandall, 1 N. Y. 491 (1848), Allodial And Land Patents Titles
"Therefore on Common-Law England practically everybody who was
allowed to retain land, had the type of fee simple absolute often
used or defined by courts, a fee simple that grants or gives the
occupier as much of a title as the "sovereign" allows such
occupier to have at that time. The term became a synonym with the
supposed ownership of land under the feudal system of England at
common law. Thus, even though the word absolute was attached to
the fee simple, it merely denoted the entire estate that could be
assigned or passed to heirs, and the fee being the operative
word; fee simple absolute dealt with the entire fief and its
divisibility, alienability and inheritability." Friedman v
Steiner, 107 111. 131 (1883), Allodial And Land Patents Titles
"If a fee simple absolute in Common-Law England denoted or was
synonymous with only as much title as the King allowed his
barons to possess, then what did the King have by way of a
title?
The King of England held ownership of land under a
different title and with far greater powers than any of his
subjects. Though the people of England held fee simple titles to
their land, the King actually owned all the land in England
through his allodial title, and though all the land was in the
feudal system, none of the fee simple titles were of equal
weight and dignity with the King's title, the land always
remaining allodial in favor of the King." Gilsbert of Mons,
Chronique, Ch. 43, p. 75 (ed. Vanderkindere), Allodial And Land
Patents Titles
"Thus, it is relatively easy to deduce that allodial lands and
titles are the highest form of lands and titles known to
Common-Law. An estate of inheritance without condition, belonging
to the owner, and alienable by him, transmissible to his heirs
absolutely and simply, is an absolute estate in perpetuity and
the largest possible estate a man can have, being in fact
allodial in its nature." Stanton v Sullivan, 63 R.I. 216,
7 A. 696 (1839), Allodial And Land Patents Titles
The law of Mortmain, law of the sovereign, protecting his
lands held by his lords and religious men in fee, prohibiting
them from diluting his title. Declaring he could confiscate the
land he or his lords were alienated from. Even the lords were
subject to have their land reclaimed by the king, if they
violated the king's license requirements. You can find the law
of Mortmain at the end of the chapter, in the quotes section.
I want to make this clear, if the king and his law (common
law) are still live, so are his Charters, Corporations and
Trusts. Without defeating the king (death or removal) his law
still exists, if his law still exists, his Corporation (Crown) is
as I have said: alive and well. What did we do at the end of the
Revolutionary War and in framing the 1787 Constitution? Claim
the king's law, his common law, his feudal law for our own, and
made it our law. So, if you are subject to any tax on the land
you live on, you do not, I repeat, DO NOT own your land, you do
not have allodial title to you land. It is not possible,
allodial and taxed property are an oxymoron, the two are as
opposite as light and darkness, the two cannot exist together.
Even worse than this, under common law, which we made our law of
the land, you do not even have fee simple possession of your
land, because early fee simple possession is free from taxation,
you hold the land in fee simple at best if you have a tax
shelter, trust. Fee tail, and lessor ownerships are evidenced by
a title, deed or mortgage, which is how most land is held, and is
subject to taxation and or repossession, if the taxes are not
paid. I'm sorry but this is a fact, I don't care what you have
been told, or lead to believe concerning allodial title. A huge
number of patriots believe because of the Declaration of
Independence and the Revolutionary War that we are sovereigns
here possessing the land through allodial title, as a matter of
sovereignty, by defeating the king. Wrong, it is impossible, the
king has conned Americans, or I should say allowed them to
believe they are sovereigns, owning their land through allodial
title.
This would be a good place for you to read some quotes by
Sir Edmund Burke, and by Adam Smith, because of the importance
taxation plays in proving land ownership in America, by allodial
title is an oxymoron. I'm including more quotes at the end of
this chapter by Adam Smith and other relevant information.
"If America gives you taxable objects on which you lay your
duties here, and gives you, at the same time, a surplus by a
foreign sale of her commodities to pay the duties on these
objects which you tax at home, she has performed her part to the
British revenue. But with regard to her own internal
establishments, she may, I doubt not she will, contribute in
moderation. I say in moderation, for she ought not to be
permitted to exhaust herself. She ought to be reserved to a war,
the weight of which, with the enemies that we are most likely to
have, must be considerable in her quarter of the globe. There
she may serve you, and serve you essentially.
For that service - for all service, whether of revenue,
trade, or empire - my trust is in her interest in the British
Constitution. My hold of the Colonies is in the close affection
which grows from common names, from kindred blood, from similar
privileges, and equal protection. These are ties which, through
light as air, are as strong as links of iron. Let the Colonists
always keep the idea of their civil rights associated with your
government, they will cling and grapple to you, and no force
under heaven will be of power to tear them from their
allegiance."
Burke on Conciliation with the Colonies, March 22, 1775, pages
71,72, published by Allyn and Bacon"
"Let us get an American revenue as we have got an American
empire. English privileges have made it all that it is; English
privileges alone will make it all it can be."
Speech of Sir Edmund Burke, before the House of Commons, March
22, 1775
"But my idea of it is this; that an empire is the aggregate of
many states under one common head, whether this head be a monarch
or a presiding republic."
Speech of Sir Edmund Burke, before the House of Commons, March
22, 1775 (So Benjamin Franklin saying: we have given you a
Republic, if you can keep it, means nothing, and was not a
hinderance to the king and his barristers.) Author's comment in
brackets.
"The people heard, indeed, from the beginning of these disputes,
one thing continually dinned in their ears, that reason and
justice demanded that the Americans, who paid no taxes, should be
compelled to contribute...."Their wealth was considered as our
wealth. Whatever money was sent out to them, it was said, came
all back to us by the balance of trade, and we could never become
a farthing the poorer by any expense which we could lay out upon
them. They were our own in every respect, and it was an expense
laid out upon the improvement of our own property and for the
profitable employment of our own people."
1776, AN INQUIRY INTO THE NATURE AND CAUSES OF THE WEALTH OF
NATIONS by Adam Smith
Here are some court cases, that will help you understand fee
simple, and how land is held in this country. In this first case
you will see our perception of what took place, then the judge
lets the air out, and tells you how it was and is, as a matter of
law.
North Carolina Reports (Archive)
MARSHALL v. LOVELASS, 1 N.C. 412 (1801)
2 S.E. 70
Page 368
"....Every person knows in what manner the citizens acquired the
property of the soil within the limits of this State. Being
dissatisfied with the measures of the British Government, they
revolted from it, assumed the government into their own hands,
seized and took possession of all the estates of the King of
Great Britain and his subjects, appropriated them to their own
use, and defended their possessions against the claims of Great
Britain, during a long and bloody war, and finally obtained a
relinquishment of those claims by the treaty of Paris. But this
State had no title to the territory prior to the title of the
King of Great Britain and his subjects, nor did it ever claim as
lord paramount to them. This State was not the original grantor
to them, nor did they ever hold by any kind of tenure under the
State, or owe it any allegiance or other duties to which an
escheat is annexed. How then can it be said that the lands in
this case naturally result back by a kind of reversion to this
State, to a source from whence it never issued, and from tenants
who never held under it? Might it not be stated with equal
propriety that this country escheated to the King of Great
Britain from the Aborigines, when he drove them off, and took and
maintained possession of their country?........ At the time of the revolution, and before the Declaration of
Independence, the collective body of the people had neither right
to nor possession of the territory of this State; it is true some
individuals had a right to, and were in possession of certain
portions of it, which they held under grants from the King of
Great Britain; but they did not hold, nor did any of his subjects
hold, under the collective body of the people, who had no power
to grant any part of it"....
North Carolina Reports (Archive)
WARNER v. HARDING, 1 N.C. 700
2 S.E. 70
Page 703
DODERIDGE, J.
"As to the exception to the value of 12d., nothing appears,
non refert. As to the matter of record. The Queen may seize lands
without any record. If return be made into the Exchequer that a
man is beyond the sea and will not return, being commanded so to
do, the Crown may seize his lands. And although the son cannot be
heir during the life of his father, *the father may have an
action de filio et haerede."
North Carolina Reports (Archive)
WARNER v. HARDING, 1 N.C. 680
2 S.E. 70
Page 680
But
Page 681
....."the statute is to be construed reasonably, and shall be
expounded as the King's patents are. Therefore, if the King grant
by his letters patent, under the great seal, all mines, the
patentee shall not have royal mines. Then when all possessions
are given, there is a right of entry and a right of action, but
the right of action is not given by the general words of an act
of Parliament. Now the word condition is a species and not a
genus; and the 26 H., 8, enacting that such persons shall forfeit
all the lands, tenements, and hereditaments, in which the
offender shall have any estate of inheritance, there is not a
difference between an inheritance in fee or in tail, while there
are but these two estates of inheritance, and the statute says
that he shall forfeit all the lands in which he has an estate of
inheritance; and a condition is as simple as an inheritance"....
North Carolina Reports (Archive)
McKENZIE v. HULET, 4 N.C. 613 (1817)
2 S.E. 70
Page 443
..."Where a grant abuts upon the sea or a navigable river, it
stops, according to the common law, at the ordinary high-water
mark; and the shore that is, the ground between the high and
low water marks belongs of common right to the king. Hale, de
Jure Maris, 12. But it seems to be well settled that whatever is
below the high-water mark may be granted by the king, of which
many instances are put in the book already cited. The charter of
Car. II. to the lords proprietors is an illustration of the form
used by the crown in the grant of royalties"....
North Carolina Reports (Archive)
MARSHALL v. LOVELASS, 1 N.C. 412 (1801)
2 S.E. 70
Page 347
...."If the land had escheated, it then becomes necessary to
inquire, In what manner has the State taken? I contend that the
land is taken by the State, exempt of any trust for in England,
when the Lord or King takes by escheat, they take discharged of
the trust. 1 Coke's Rep., 122, Chudleigh's case. Before the
Statute of 27 Henry, 8, whenever feoffee to uses did anything
which produced escheat, the land reverted to the Lord discharge
of the trust.
North Carolina Reports (Archive)
MARSHALL v. LOVELASS, 1 N.C. 412 (1801)
2 S.E. 70
August 1, 1999
Page 349
When the war broke out those who did not like the new government
were at liberty to sell their lands and retire with the proceeds
where they pleased; and this is agreeable to the law of nations.
Vattel, B. 1, sec. 33, 195. This doctrine seems to have been held
in view by the framers of the Constitution. Iredell's Rev., 276.
Declaration of Rights, sec. 25. This section only charges the
sovereign, and by it no escheat can take place, and aliens may
still take and hold lands. This section provides that the titles
made by the King and the Lords Proprietors shall not be affected;
and the General Assembly of this State have shown that they were
under the influence of this opinion, as appears from the 3d
chap., Acts 1777. Iredell's Rev., 284, 285
So read closely the portions of ancient state statutes,
provided below.
ANCIENT STATUTES
Delaware
"All fines and common recoveries levied and suffered within this
State, in pursuance of or according to the common or statute
laws of England, in the Superior Court of the county wherein the
lands, tenements or hereditaments entailed lie shall be as good
in law, to bar estates so entailed, as fines and common
recoveries of lands, tenements or hereditaments levied, or
England are. Any heir at law or other person claiming any right
in the lands, tenements or hereditaments may, either by appeal
or writ of error, reverse such fines or recoveries for any
errors in levying or suffering the fines or recoveries."
(Code 1852, 1639, 1640; Code 1915, 3234; Code 1935, 3697;
25 Del. C. 1953, 301.)
302. Bar of estate tail by deed.
"A person having a legal or equitable estate or right in fee tail
in possession, remainder or reversion, in any lands, tenements
or hereditaments may alien the lands, tenements or
hereditaments, in fee simple, or for other less estate, by deed,
in the same manner and as effectually as if such estate or right
were in fee simple. The deed of alienation in fee simple of any
person, of any lands, tenements or hereditaments shall have the
same effect and operation for barring all estate tail and other
interests in the lands, tenements or hereditaments, as such
persons being a party cognizor to a fine in due manner levied,
or party vouchee to a common recovery with a double voucher in
due manner suffered, of the lands, tenements or hereditaments.
No deed shall avail within either of these provisions, unless it
is duly acknowledged or proved according to law, or unless it
would be a valid and lawful deed sufficient to pass the
premises, if the maker were seized of the premises in fee
simple."
(Code 1852, 1641; Code 1915, 3235; Code 1935, 3698; 25 Del.
C. 1953, 302.)
303. Warranty by life tenant and collateral warranty.
"A warranty made by a tenant for life shall not, by descending or
coming to a person in remainder or reversion, bar or affect his
title. A collateral warranty shall not in any case bar or affect
a title not derived from the person making such warranty."
(Code 1852, 1642; Code 1915, 3236; Code 1935, 3699; 25 Del.
C. 1953, 303.)
304. Permanent leasehold estates as estates in fee simple.
"Permanent leasehold estates, renewable forever, shall be
considered to be estates in fee simple, and shall be subject to
the same modes of alienation, power of devise, and rules of
descent and distribution, and to all the incidents of an estate
in fee, provided that the grantor of the leasehold or the person
entitled to the estate, out of which the term issues, has first
released to the grantee of the term or the person in possession
of the leasehold all his right to the rent charged upon or
growing out of the leasehold."
(15 Del. Laws, c. 168; Code 1915, 3237; Code 1935, 3700; 25
Del. C. 1953, 304.)
305. Deeds by foreign corporations; recording as evidence;
ownership rights.
"All deeds to lands in Delaware executed and delivered by
corporations created by and existing under the laws of the
states and territories of the United States of America, other
than Delaware, or created by and existing under the laws of any
foreign state or nation, are made valid and effective to convey
the fee simple or other estate purported to be conveyed in such
deeds, with the same force and effect as if the corporation
grantor had been a corporation lawfully created by and existing
under the laws of this State. Such deeds, when recorded, or any
office copy thereof, shall be admitted as evidence in all courts
of this State, and shall be valid and conclusive evidence, with
the same force and effect as if such deeds had been properly
executed, acknowledged and delivered by corporations created by
and existing under the laws of this State. A foreign corporation
owning lands in Delaware may exercise all rights and privileges
of ownership to the same extent as if such corporation were a
corporation lawfully created by and existing under the laws of
this State."
(26 Del. Laws, c. 253; Code 1915, 3238; 38 Del. Laws, c. 174;
Code 1935, 3701; 25 Del. C. 1953, 305.)
I just wanted to point out the below statute declared,
that the State of Georgia (created Corporation) is a successor to
the Crown of England. The Crown is the Corporate entity of the
king, and as I have stated before, first there was the Corporate
Charters, amended to corporate colonies, amended to corporate
States, via their State Constitutions, that did not change the
original corporate charter, as declared in the 25th sec. of the
North Carolina, Declaration of Rights, 1776 N.C. Constitution,
which I quote again here:
"And provided further, that nothing herein contained shall affect
the titles or possessions of individuals holding or claiming
under the laws heretofore in force, or grants heretofore made by
the late King George II, or his predecessors, or the late lords
proprietors, or any of them." Declaration of Rights 1776, North
Carolina Constitution.
Then confirmed by the 1783 Paris Treaty, wherein the
minerals did not change hands, they stayed with the king, his
heirs and successors. In other words, the king, his heirs and
his successors forever, were to continue to receive as a matter
of Trust, the gain, profit from his corporate venture. To cement
this since his subjects had gone brain dead, and now believed
themselves free from their obligations. Believing when the
States became States of, after the 1787 Constitution was
ratified, they became free and sovereign. In March 1791 thanks
to George Washington, the States of, became District States of
the Crown, side stepping the 1787 Constitution and the States
short lived independence declared in 1776, in favor of the king's
public policy, his taxes and licenses to be administered by his
United States Corporation and its elected fiduciaries and den of
thieves. When governing for the king, the President and Congress
were no longer bound by the 1787 Constitution. The king would
now receive as declared in his early Charters for himself,
his heirs and successors, the 30 percent tax for his family
business venture. Because now his bank could operate within the
several District States, incorporated in the District of
Columbia, this was not possible until Washington made the
District States; never to be repealed. Also, go back and read
the quotes I gave by Burke and Smith, there is no doubt.
Georgia
52-1-2 G
*** CODE SECTION *** 12/31/98
52-1-2.
"The General Assembly finds and declares that the State of
Georgia became the owner of the beds of all tidewaters within
the jurisdiction of the State of Georgia as successor to the
Crown of England and by the common law. The State of Georgia
continues to hold title to the beds of all tidewaters within the
state, except where title in a private party can be traced to a
valid Crown or state grant which explicitly conveyed the beds of
such tidewaters. The General Assembly further finds that the
State of Georgia, as sovereign, is trustee of the rights of the
people of the state to use and enjoy all tidewaters which are
capable of use for fishing, passage, navigation, commerce, and
transportation, pursuant to the common law public trust
doctrine. Therefore, the General Assembly declares that the
protection of tidewaters for use by the state and its citizens
has more than local significance, is of equal importance to all
citizens of the state, is of state-wide concern, and,
consequently, is properly a matter for regulation under the
police powers of the state. The General Assembly further finds
and declares that structures located upon tidewaters which are
used as places of habitation, dwelling, sojournment, or
residence interfere with the state's proprietary interest or the
public trust, or both, and must be removed to ensure the rights
of the state and the people of the State of Georgia to the use
and enjoyment of such tidewaters. It is declared to be a policy
of this state and the intent of this article to protect the
tidewaters of the state by authorizing the commissioner of
natural resources to remove or require removal of certain
structures from such tidewaters in accordance with the
procedures and within the timetable set forth in this article."
"(1) An Act for reviving and enforcing certain laws therein
mentioned and adopting the common laws of England as they
existed on May 14, 1776, approved February 25, 1784. (For the
adopting Act of 1784, see Prince's 1822 Digest, p. 570; Cobb's
1851 Digest, p. 721; and Code of 1863, Section 1, paragraph 6.)"
Florida
CHAPTER 2
COMMON LAW IN FORCE; REPEALED STATUTES
"2.01 Common law and certain statutes declared in force.
2.04 Repealed statute not revived by implication.
2.01 Common law and certain statutes declared in force.--The
common and statute laws of England which are of a general and
not a local nature, with the exception hereinafter mentioned,
down to the 4th day of July, 1776, are declared to be of force
in this state; provided, the said statutes and common law be not
inconsistent with the Constitution and laws of the United States
and the acts of the Legislature of this state. History.--s. 1,
Nov. 6, 1829; RS 59; GS 59; RGS 71; CGL 87."
Virginia 1-10
"The common law The common law of England, insofar as it is not
repugnant to the principles of the Bill of Rights and
Constitution of this Commonwealth, shall continue in full force
within the same, and be the rule of decision, except as altered
by the General Assembly 1-11 Acts of Parliament The right and
benefit of all writs, remedial and judicial, given by any
statute or act of Parliament, made in aid of the common law
prior to the fourth year of the reign of James the First, of a
general nature, not local to England, shall still be saved,
insofar as the same are consistent with the Bill of Rights and
Constitution of this Commonwealth and the Acts of Assembly."
I hope by now when you read the below statue, you recognize
when they say public's interest they are not talking about the
people that voted them into office.
Maine
571. Legislative findings and purpose
"The Legislature finds and declares that the intertidal lands of
the State are impressed with a public trust and that the State
is responsible for protection of the public's interest in this
land. [1985, c. 782 (new).]
The Legislature further finds and declares that this public
trust is part of the common law of Maine and generally derived
from the practices, conditions and needs in Maine, from English
Common Law and from the Massachusetts Colonial Ordinance of
1641-47. The public trust is an evolving doctrine reflective of
the customs, traditions, heritage and habits of the Maine
people. In Maine, the doctrine has diverged from the laws of
England and Massachusetts. The public trust encompasses those
uses of intertidal land essential to the health and welfare of
the Maine people, which uses include, but are not limited to,
fishing, fowling, navigation, use as a footway between points
along the shore and use for recreational purposes. These
recreational uses are among the most important to the Maine
people today who use intertidal land for relaxation from the
pressures of modern society and for enjoyment of nature's
beauty. [1985, c. 782 (new).]
The Legislature further finds and declares that the protection
of the public uses referred to in this chapter is of great
public interest and grave concern to the State. [1985, c. 782
(new).]"
Vermont
VERMONT STATUTES ONLINE
Title 24. Municipal and County Government
Chapter 65. Public Lands and Funds
" 2401. PUBLIC LANDS; DUTIES OF SELECTMEN
The selectmen shall have the care of lands in the town granted
under the authority of the British Government as glebes for the
use of the Church of England and now by law granted to such town
for the use of schools, and lands granted to the use of the
ministry or the social worship of God, and lands granted to the
first settled minister, and not appropriated according to law.
2402. RIGHT OF POSSESSION
The selectmen shall be entitled to the possession of such lands,
except when the same have been otherwise disposed of according
to law. They may commence, prosecute or defend, in the name of
the town, any action necessary to recover or protect such
possession, or recover damages for injuries done to such lands.
2404. RENTS OF OTHER LANDS, HOW DIVIDED AND APPLIED
The rents of lands granted to the use of the ministry or social
worship of God, and the rents of lands granted to the first
settled minister, shall annually, on February 1, be equally
divided by the selectmen among the different organized religious
societies in town that maintain public worship at least a fourth
of the Sabbaths in the year. If there is not such a society, the
same shall be covered into the treasury, and may be appropriated
to pay for preaching the gospel or for the support of public
schools, or for the improvement or care of public burial
grounds, as such town by a vote in town meeting directs, until a
religious society is organized in the town.
2405. CONTRACT UNDER PREVIOUS LAW NOT AFFECTED
Section 2404 of this title shall not affect a lease of such
lands or a contract relating to or disposition of the same under
previous law.
2406. CONVEYANCE OF LEASEHOLDS, TRUST FUNDS
Educational, ecclesiastical or municipal corporations may convey
by deed the fee simple in lands the title to or use of which is
held by such corporations under state or colonial grant for
purposes defined in such grants. Such conveyance may be made to
the owner and holder of leasehold rights in such land if such
lands are then held under lease, but shall not be made to
other than such holders of leasehold interests except subject to
such leasehold interest, if any, or simultaneously with the
extinguishment thereof. Such lands may be condemned in
accordance with and in the manner provided by law. The funds
received in consideration of such conveyance or awarded such
corporations as damages in condemnation proceedings shall be
kept intact, in trust, by such corporations as endowment funds,
and the income only shall be used for the purposes for which
such lands were originally granted. Such lands as may be sold,
conveyed or condemned as provided in this section shall
thereafter be subject to taxation as are other lands."
New Jersey
PROPERTY TITLE 46
46:1-1. Words and phrases defined
"As used in this title, except where the context clearly
indicates a contrary intent, the terms "county recording
officer" and "office of the county recording officer" mean the
register of deeds and mortgages and his office in counties
having such an officer and office, and the county clerk and his
office in the other counties."
46:2-1. Titles, rights and interests preserved
"Nothing in this title contained shall in any way affect, abridge
or abrogate any title to or rights or interests in any real
estate or personal property lawfully given, acquired and
existing at the time when the Revised Statutes take effect."
The main thing I want you to understand, and I believe most
do, as I said earlier, our laws were based on the Common law of
England, all states in union of the United States are, accept
one. That's right one state out of the fifty is not under
English Common law. A lot of you may think this must be Texas,
but it's not. The one state not subject to, or formed under
English common law is New York, New York City is responsible for
not only our demise, but the entire World's. New York City is
the alter ego of London, and the other banking centers for the
Banksters of the World to operate. New York City is the home of
the Bankers, the World Trade Center, the Stock Market, the World
Bank's control via the IMF and the United Nations, etc. The
controlling center for all banking, communication and super
computers containing data on everyone and every transaction for
the Bankers to control the Worlds population and their leaders,
through their finances, with the U.N. as their police force and
NATO as prosecutor of the Law Of The Flag and Conqueror of new
Empires. When you read the very revealing statements in the New
York statutes below you will see, they declare themselves not to
be under English Common law, by section 70, sec. 71 deals with
Acts and sec. 72 deals with Resolutions.
If you would like to understand how this fits into God's
Word, that is New York City, read Rev. 17-18, Jer. 51 and Isa
13. I wrote on this subject years ago and I won't go into it
here other than to say, New York City is the Biblical Babylon as
you can read for yourself, as God Almighty defines Babylon in
Rev. 18, no other City in the World meets His definition.
New York
New York State Consolidated Laws: General Construction
ARTICLE 3
ANCIENT STATUTES AND RESOLUTIONS
"Section
70. Statutes of England and Great Britain inoperative in
this state.
71. Acts of the legislature of the colony of New York
inoperative.
72. Resolutions of the congress of the colony and the
convention of New York inoperative.
S 70. Statutes of England and Great Britain inoperative in
this state. A statute of England or Great Britain shall not be
deemed to have had any force or effect in this state since May
first, seventeen hundred and eighty-eight.
S 71. Acts of the legislature of the colony of New York
inoperative. Acts of the legislature of the colony of New York
shall not be deemed to have had any force or effect in this
state since December twenty-ninth, eighteen hundred and
twenty-eight.
S 72. Resolutions of the congress of the colony and the
convention of New York inoperative. The resolutions of the
congress of the colony of New York and of the convention of the
state of New York, shall not be deemed to be the laws of this
state hereafter."
Texas
Civil Practice and Remedies Code
TITLE 2. TRIAL, JUDGMENT, AND APPEAL
SUBTITLE A. GENERAL PROVISIONS
CHAPTER 5. RULE OF DECISION
Sec. 5.001. Rule of Decision.
"The rule of decision in this state consists of those portions of
the common law of England that are not inconsistent with the
constitution or the laws of this state, the constitution of this
state, and the laws of this state.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985"
North Carolina
"Chapter 40A. Eminent Domain. ARTICLE 1. General. 40A-1.
Exclusive provisions. It is the intent of the General Assembly
that the procedures provided by this Chapter shall be the
exclusive condemnation procedures to be used in this State by
all private condemnors and all local public condemnors. All
other provisions in laws, charters, or local acts authorizing
the use of other procedures by municipal or county governments
or agencies or political subdivisions thereof, or by
corporations, associations or other persons are hereby repealed
effective January 1, 1982. Provided, that any condemnation
proceeding initiated prior to January 1, 1982, may be lawfully
completed pursuant to the provisions previously existing. This
chapter shall not repeal any provision of a local act enlarging
or limiting the purposes for which property may be condemned.
Notwithstanding the language of G.S. 40A-3(b),this Chapter also
shall not repeal any provision of a local act creating any
substantive or procedural requirement or limitation on the
authority of a local public condemnor to exercise the power of
eminent domain outside of its boundaries."
" 40A-2. Definitions. As used in this Chapter the following
words and phrases have the meanings indicated unless the
context clearly requires another meaning:
(1) "Condemnation"
means the procedure prescribed by law for exercising the power
of eminent domain.
(2)"Condemnor" means those listed in G.S. 40A-3.
(3) "Eminent domain" means the power to divest right, title or
interest from the owner of property and vest it in the possessor
of the power against the will of the owner upon the payment of
just compensation for the right, title or interest divested.
(4) "Judge" means a resident judge of the superior court in the
district where the cause is pending, or special judge residing
in said district, or a judge of the superior court assigned to
hold the courts of said district or an emergency or special
judge holding court in the county where the cause is pending.
(5) "Owner" includes the plural when appropriate and means
any person having an interest or estate in the property.
(6) "Person" includes the plural when appropriate and means a
natural person, and any legal entity capable of owning or having
interest in property.
(7) "Property" means any right, title, or interest in land,
including leases and options to buy or sell. "Property" also
includes rights of access, rights-of-way, easements, water
rights, air rights, and any other privilege or appurtenance in
or to the possession, use, and enjoyment of land."
" 40A-3. By whom right may be exercised.
(a) Private Condemnors. -- For the public use or benefit, the
persons or organizations listed below shall have the power of
eminent domain and may acquire by purchase or condemnation
property for the stated purposes and other works which are
authorized by law.
(1) Corporations, bodies politic or persons have the power of
eminent domain for the construction of railroads, power
generating facilities, substations, switching stations,
microwave towers, roads, alleys, access railroads, turnpikes,
street railroads, plank roads, tramroads, canals, telegraphs,
telephones, electric power lines, electric lights, public
water supplies, public sewerage systems, flumes, bridges, and
pipelines or mains originating in North Carolina for the
transportation of petroleum products, coal, gas, limestone or
minerals. Land condemned for any liquid pipelines shall."
I guess now is a good time to deal with the pipe dreams we
have been taught and allowed to believe, reenforced by the
governments school system, in the selective teaching of history,
also, parroted by the media. The pipe dream as I said earlier is
our belief we do, or can possess land in this country, under the
present law, in allodial title. Notice I said under the present
law, this is the key to the king's power, retaining possession to
his Corporation, the Crown. What did we do at the beginning of
this nation? Declare our law to be English common law,
confirming the king's Corporation and the law that created it and
protects it even today.
"Corporation Sole: A corporation consisting of one person only
and his successors. An older concept of the status of a king or
a bishop as incorporated in order to give tho them and their
successors legal capacities and advantages, particularly that of
perpetuity, which they could not have in their natural
capacities." Ballentine's Law Dictionary, Third Ed., 1969
"Reversion. The residue of an estate and left in the grantor, to
commence in possession after the determination of some particular
estate granted out by him. The return of land to the grantor and
his heirs after the grant is over." Bouvier's Law Dictionary,
vol. 3, 1914
"651. b. Civil corporations (1) Lay corporations. ....But first,
as I have laid it down as a rule that the founder, his heirs, or
assigns, are the visitors of all lay corporations, let us inquire
what is meant by the founder. The confounder of all corporations
in the strictest and original sense is the king alone, for he
only can incorporate a society; and in civil incorporations, such
as mayor and commonalty, etc., where there are no possessions or
endowments given tot eh body, there is no other founder but the
king:".... Blackstone's Commentaries, vol. 1 pg. 685
654. 10. Dissolution of corporations. ....But the body politic
may also itself be dissolved in several ways; which dissolution
is the civil death of the corporation: and in this case their
lands and tenements shall revert to the person, or his heirs, who
granted them to the corporation: for the law doth annex a
condition to every such grant, that if the corporation be
dissolved, the grantor shall have the lands again, only during
the life of the corporation; which may endure forever: but, when
that life is determined by the dissolution of the body politic,
the grantor takes it back by reversion, as in the case of every
other grant for life." Blackstone's Commentaries, vol. 1 pg.
700
Not to get ahead of myself, we first declared our
Independence, sounded good, but why would you place your neck
back under the yoke, the law that subjected you? Simple, as
history proves, many of our fore fathers, including Washington
did not want to be separated from the king. Some stood to lose
lands and title, others understood they were subjects of the king
and liked it. History shows they were not at odds with being
subjects of the king, just his policies, regarding taxes and
their government being so far removed, commerce and legal
convenience demanded representation here, but still controlled by
the king.
The king being so far removed from his possessions in
America, misjudged his subjects needs, rebellion turned into War.
But as always, the belligerent's just wanted their redress heard,
and our fore fathers knowing full well English history and how
the game was played, knew the king would capitulate and make the
concessions needed, never dreaming they would have what appeared
to be a separate sovereign country at the end of the War. What
about this War, did we win? Well lets look at history, I have
covered this before, but it bears repeating. Cornwallis
surrendered at Yorktown, but the document read, Capitulation at
Yorktown. Did Cornwallis surrender, or did they just quit
fighting because the king, made the necessary capitulations to
the colonist demands? Well, did Cornwallis surrender his arms,
in other words, did he and his troops lay down their arms and
leave unarmed? No. Did Cornwallis surrender his colors, the
king's flag? No. Anyone that knows anything about War and
Conquest, knows the flag of the surrendering enemy has to be
surrendered, if not you just fought a battle, and did not win the
war. Was Cornwallis and his army allowed to return to England
armed and with their colors? Yes. Were British subjects allowed
to retain their lands and possessions in America? Yes Was the
king removed from his throne and his laws defeated, by his
removal? No. Tell me again America, we won the Revolutionary
War? I'm sorry, the facts don't support what you want to believe
is the case.
Now, the so called 1783 Paris Treaty, wherein the king's
possessions were turned over to us without his losing the War.
Benjamin Franklin spent almost the entire war traveling back and
forth from France and England working out the terms of the
Treaty, excuse me GRANT, from the king of England. Let me see,
we did not win the War, we did not dictate the terms of
surrender, the king's barrister's along with the esquires chosen
from America, Franklin, Jay and Adams, wrote the document. A
document wherein the king's law remained in force, and he GRANTED
lands to his new Corporation, the United States. However, he did
not grant to his Corporation the rights to the minerals existing
and all to be found in the future. As I have said before, he
declared in his Charters, ownership to all minerals, and that he
was to receive a portion of the gain/profit in this country
forever. Go back and read the quotes earlier in this paper.
Also, how can the king do anything else but give fee simple
title, when his law provide for only him to have allodial title.
Did he change his law? NO. Could he change the un-revocable
Trust his Charters established for all his heirs and successors?
No. No, and could not without destroying his throne, his Crown
(corporation) and his law, thereby conquesting himself. You see
that is the only way under the king's law to own land by allodial
title, via conquest, as the conqueror. This is why no country
has defeated the king of England and his Crown, because if his
law exists wherein the Corporate Charter was created, and the
king and his heirs remain, the king's Crown and Charters remain
enforce.
Let's look at another source, here are several relevant
quotes I pulled out of the Book written by Frederic Maitland,
1901, The Crown as Corporation.
"In 1522 Fineux C.J. after telling how some corporations are made
by the king, others by the pope, others by both king and pope,
adds that there are corporations by the common law, for, says he,
"the parliament of the king and the lords and the commons are a
corporation."(7*) Y.B. 14 hen. VIII, f. 3 (Mich. pl. 2).
The Crown as Corporation, Frederic Maitland, 1901
"The king has two capacities, for he has two bodies, the one
whereof is a body natural... the other is a body politic, and the
members thereof are his subjects, and he and his subjects
together compose the corporation, as Southcote said, and he is
incorporated with them and they with him, and he is the head and
they are the members, and he has the sole government of
them."(12*) Plowden, p. 234.
The Crown as Corporation, Frederic Maitland, 1901
"But, says an Act of 1738, the said premises "being vested in His
Majesty, his heirs and successors in his politick capacity, which
in consideration of law never dies, it may create a doubt whether
the tenants of the said estates ought... to pay such fines... on
the death of His present Majesty (whom God long preserve for the
benefit of his People) or On the death of any future King or
Queen." So the tenants are to pay as they would have paid "in
case such King or Queen so dying was considered as a private
person only and not in his or her politick capacity".(27*) (II
Geo. II, c. 30, pr. and s. 1.) Thus that artificial person, the
king in his politick capacity, who is a trustee for the Publick,
must be deemed to die now and then for the benefit of cestui que
trust.
But it was of "the Publick" that we were speaking, and I
believe that "the Publick" first becomes prominent in connexion
with the National Debt. Though much might be done for us by a
slightly denaturalized king, he could not do all that was
requisite. Some proceedings of one of his predecessors, who
closed the Exchequer and ruined the goldsmiths, had made our king
no good borrower. So the Publick had to take his place. The money
might be "advanced to His Majesty", but the Publick had to owe
it. This idea could not be kept off the statute book. "Whereas,"
said an Act of 1786, "the Publick stands indebted to" the East
India Company in a sum of four millions and more."(28*) 26 Geo.
III, c. 62.
The Crown as Corporation, Frederic Maitland, 1901
"This is natural, for we may, if we will, trace the beginnings of
a national debt back to days when a king borrows money and
charges the repayment of it upon a specific tax; perhaps he will
even appoint his creditor to collect that tax, and so enable him
to repay himself."
The Crown as Corporation, Frederic Maitland, 1901
"In 1714 the Governor, Council and General Assembly of New
York passed a long Act "for the paying and discharging the
several debts and sums of money claimed as debts of this Colony".
A preamble stated that some of the debts of the Colony had not
been paid because the Governors had misapplied and extravagantly
expended "the revenue given by the loyal subjects aforesaid to
Her Majesty and Her Royal Predecessors, Kings and Queens of
England, sufficient for the honorable as well as necessary
support of their Government here." "This Colony", the preamble
added, "in strict justice is in no manner of way obliged to pay
many of the said claims"; however, in order "to restore the
Publick Credit", they were to be paid.(35*)(Act of 1714 13 Anne)
Here we have a Colony which can be bound even in strict justice
to pay money. What the great colonies did the small colonies did
also."
The Crown as Corporation, Frederic Maitland, 1901.
"But then comes the lawyer with theories in his head, and
begins by placing a legal estate in what he calls the Crown or
Her Majesty. "In construing these enactments, it must always be
kept in view that wherever public land with its incidents is
described as 'the property of' or as 'belonging to' the Dominion
or a Province, these expressions merely import that the right to
its beneficial use, or to its proceeds, has been appropriated to
the Dominion or the Province, as the case may be, and is subject
to the control of its legislature, the land itself being vested
in the Crown."(44*)St. Catherine's Milling and Lumber Co. v. The
Queen (1888), 14 App. Cas. 46. esp. p. 56; A.-G. of Brit.
Columbiav. A.-G. of Canada, 14 App. Cas. 295; A.-G. of Ontario v.
Mercer (1883), 8 App. Cas. 767; A.-G. of Canada v. As.-G. of
Ontario, Quebec, Nova Scotia [1898] A.C. 700."
The Crown as Corporation, Frederic Maitland, 1901
"Although the Secretary of State [for India] is a body corporate,
or in the same position as a body corporate, for the purpose of
contracts, and of suing and being sued, yet he is not a body
corporate for the purpose of holding property. Such property as
formerly vested, or would have vested, in the East India Company
now vests in the Crown."(45*) Ilbert, Government of India
(3rd.ed. 1915), p. 196"
The Crown as Corporation, Frederic Maitland, 1901
In the quote below from Maitland, you will see that even the
Postmaster General was used to secure the king's possessions in
America, and was a vehicle used by the king, through the
President and his powers as Commander-in-Chief, to expand the
king's land west, via the king's law going west with the laws
governing the mail. After that, is a quote from President
Monroe, arguing that such powers were not being used and did not
exist, he would no doubt have to eat a huge amount of crow today,
if he was alive today, and saw the Dept. of Transportation, and
the power they have been granted over the Nation's roads, and
skies. You will also see the need for the king to incorporate,
and that a grant of sovereign land ownership in was given to the
War Dept. Sounds like the military's loyalty was bought and paid
for, leading up to conquest of America, after the Civil War.
"In 1840 the Postmaster-General and his successors "is and are"
made "a body corporate" for the purpose of holding and taking
conveyances and leases of lands and hereditaments for the service
of the Post Office. From the Act that effected this incorporation
we may learn that the Postmaster as a mere individual had been
holding land in trust for the Crown.(52*) 3&4 Vict. c. 96, s. 67
[now - Ed. VII, c. 48, s. 45] One of the main reasons, I take
it, for erecting some new corporations sole was that our "Crown",
being more or less identifiable with the King, it was difficult
to make the Crown a leaseholder or copyholder in a direct and
simple fashion. The Treasurer of Public Charities was made a
corporation sole in 1853.(53*) 16 & 17 Vict. c. 137, s. 47. Then
in 1855 the Secretary of State intrusted with the seals of the
War Department was enabled to hold land as a corporation
sole.(54*) 18&19 Vict. c. 117, s. 2. Perhaps if there were a
Lord High Admiral he would be a corporation sole vel quasi.(55*)
27&28 Vict. C. 57, s."
The Crown as Corporation, Frederic Maitland, 1901
"If the United States possessed, the power contended for under
this grant, might they not, in adopting the roads of the
individual states for the carriage of the mail, as has been done,
assume jurisdiction over them, and preclude a right to interfere
with or alter them? Might they not establish turnpikes, and
exercise all the other acts of sovereignty, above stated, over
such roads, necessary to protect them from injury, and defray the
expense of repairing them? Surely, if the right exists, these
consequences necessarily followed, as soon as the road was
established. The absurdity of such a pretension must be apparent
to all, who examine it. In this way, a large portion of the
territory of every state might be taken from it; for there is
scarcely a road in any state, which will not be used for the
transportation of the mail. A new field for legislation and
internal government would thus be opened." President Monroe's
Message, of 4th May, 1822, p. 24 to 27. .
1 Johnson's Dict. ad verb.; Webster's Dict. ibid.
Post Routes
"All public roads and highways while kept up and maintained. 39
USC 482. All the waters of the United States during the time the
mail is carried thereon, all the railroads or parts of railroads
and all air routes which are now, or hereafter may be, in
operation; all canals and plank roads during the time the mail is
carried thereon; the road on which may mail is carried to supply
any court house which may be without a mail; the road on which
mail is carried under contract made by the Postmaster General for
extending the line of post to supply mails to post offices not on
any established route, during the time such mail is carried
thereon; and all letter-carrier routes established in any city or
town for the collection and delivery of mail matter." 39 USC 481.
Below is the Quote section, I've also added The Treaty of
Verona, a quote by Senator Owen, from the Congressional Record,
1916 on the same Treaty, and last but not least, the Jesuit Oath.
In these documents you will see the hidden agenda of the Pope, I
had bought this information out in previous emails, but now is
the proper time to re air this subject, so you can understand the
relevance of the Informer's comments, in his introduction. As
the Informer said, in this last chapter I have dealt primarily
with our nexus with the king of England, so as not to cloud the
issue anymore than it is, by dealing with more than this subject.
Conclusion
THE UNITED STATES IS STILL A BRITISH COLONY!
THE END
RELEVANT QUOTES
"Their wealth was considered as our wealth. Whatever money was
sent out to them, it was said, came all back to us by the balance
of trade, and we could never become a farthing the poorer by any
expense which we could lay out upon them. They were our own in
every respect, and it was an expense laid out upon the
improvement of our own property and for the profitable employment
of our own people."
1776, AN INQUIRY INTO THE NATURE AND CAUSES OF THE WEALTH OF
NATIONS by Adam Smith
OUR FORE FATHERS WANTED THE BENEFITS AND PRIVILEGES WITHOUT
PAYING THE TAX TO THE KING.
"Resolved, 4. That the foundation of English liberty, and of all
free government, is a right in the people to participate in their
legislative council: and as the English colonists are not
represented, and from their local and other circumstances, can
not properly be represented in the British Parliament, they are
entitled to a free and exclusive power of legislation in their
several provincial legislatures, where their right of
representation can alone be preserved, in all cases of taxation
and internal polity, subject only to the negative of their
sovereign, in such manner as has been heretofore used and
accustomed. But, from the necessity of the case, and a regard to
the mutual interest of both countries, WE CHEERFULLY CONSENT TO
THE OPERATION OF SUCH ACTS OF THE BRITISH PARLIAMENT, as are BONA
FIDE, restrained to the regulation of our external commerce,
for the PURPOSE OF SECURING THE COMMERCIAL ADVANTAGES OF THE
WHOLE EMPIRE TO THE MOTHER COUNTRY, and the COMMERCIAL BENEFITS
OF ITS RESPECTIVE MEMBERS; excluding every idea of taxation,
internal or ETERNAL, for raising a revenue on the SUBJECTS IN
AMERICA, without their consent." Declaration of Rights, from
September 5, 1774 (The forefathers wanted the commercial benefits
without paying the taxes that go hand in hand, it does not work
that way Patriots.)
"Resolved, 7. That these, His Majesty's colonies, are likewise
entitled to all the IMMUNITIES AND PRIVILEGES GRANTED and
confirmed to them by ROYAL CHARTERS, or secured by their several
codes of provincial laws." Declaration of Rights, from September
5, 1774
4. WHERE THE PRESENT DAY TAXES COME FROM.
"Before I enter upon the examination of particular taxes, it
is necessary to premise the four following maxims with regard to
taxes in general.
I. The subjects of every state ought to contribute towards
the support of the government, as nearly as possible, in
proportion to their respective abilities; that is, in proportion
to the revenue which they respectively enjoy under the protection
of the state. The expense of government to the individuals of a
great nation is like the expense of management to the joint
tenants of a great estate, who are all obliged to contribute in
proportion to their respective interests in the estate. In the
observation or neglect of this maxim consists what is called the
equality or inequality of taxation. Every tax, it must be
observed once for all, which falls finally upon one only of the
three sorts of revenue above mentioned, is necessarily unequal in
so far as it does not affect the other two. In the following
examination of different taxes I shall seldom take much further
notice of this sort of inequality, but shall, in most cases,
confine my observations to that inequality which is occasioned by
a particular tax falling unequally even upon that particular sort
of private revenue which is affected by it.
II. The tax which each individual is bound to pay ought to be
certain, and not arbitrary. The time of payment, the manner of
payment, the quantity to be paid, ought all to be clear and plain
to the contributor, and to every other person. Where it is
otherwise, every person subject to the tax is put more or less in
the power of the tax-gathered, who can either aggravate the tax
upon any obnoxious contributor, or extort, by the terror of such
aggravation, some present or perquisite to himself. The
uncertainty of taxation encourages the insolence and favours the
corruption of an order of men who are naturally unpopular, even
where they are neither insolent nor corrupt. The certainty of
what each individual ought to pay is, in taxation, a matter of so
great importance that a very considerable degree of inequality,
it appears, I believe, from the experience of all nations, is not
near so great an evil as a very small degree of uncertainty.
III. Every tax ought to be levied at the time, or in the
manner, in which it is most likely to be convenient for the
contributor to pay it. A tax upon the rent of land or of houses,
payable at the same term at which such rents are usually paid, is
levied at the time when it is most likely to be convenient for
the contributor to pay; or, when he is most likely to have
wherewithal to pay. Taxes upon such consumable goods as are
articles of luxury are all finally paid by the consumer, and
generally in a manner that is very convenient for him. He pays
them by little and little, as he has occasion to buy the goods.
As he is at liberty, too, either to buy, or not to buy, as he
pleases, it must be his own fault if he ever suffers any
considerable inconveniency from such taxes.
IV. Every tax ought to be so contrived as both to take out
and to keep out of the pockets of the people as little as
possible over and above what it brings into the public treasury
of the state. A tax may either take out or keep out of the
pockets of the people a great deal more than it brings into the
public treasury, in the four following ways. First, the levying
of it may require a great number of officers, whose salaries may
eat up the greater part of the produce of the tax, and whose
perquisites may impose another additional tax upon the people.
Secondly, it may obstruct the industry the people, and discourage
them from applying to certain branches of business which might
give maintenance and unemployment to great multitudes. While it
obliges the people to pay, it may thus diminish, or perhaps
destroy, some of the funds which might enable them more easily to
do so. Thirdly, by the forfeitures and other penalties which
those unfortunate individuals incur who attempt unsuccessfully to
evade the tax, it may frequently ruin them, and thereby put an
end to the benefit which the community might have received from
the employment of their capitals. An injudicious tax offers a
great temptation to smuggling. But the penalties of smuggling
must rise in proportion to the temptation. The law, contrary to
all the ordinary principles of justice, first creates the
temptation, and then punishes those who yield to it; and it
commonly enhances the punishment, too, in proportion to the very
circumstance which ought certainly to alleviate it, the
temptation to commit the crime. Fourthly, by subjecting the
people to the frequent visits and the odious examination of the
tax-gatherers, it may expose them to much unnecessary trouble,
vexation, and oppression; and though vexation is not, strictly
speaking, expense, it is certainly equivalent to the expense at
which every man would be willing to redeem himself from it. It is
in some one or other of these four different ways that taxes are
frequently so much more burdensome to the people than they are
beneficial to the sovereign."
1776, AN INQUIRY INTO THE NATURE AND CAUSES OF THE WEALTH OF
NATIONS by Adam Smith
"It is not contrary to justice that both Ireland and America
should contribute towards the discharge of the public debt of
Great Britain. That debt has been contracted in support of the
government established by the Revolution, a government to which
the Protestants of Ireland owe, not only the whole authority
which they at present enjoy in their own country, but every
security which they possess for their liberty, their property,
and their religion; a government to which several of the colonies
of America owe their present charters, and consequently their
present constitution, and to which all the colonies of America
owe the liberty, security, and property which they have ever
since enjoyed. That public debt has been contracted in the
defense, not of Great Britain alone, but of all the different
provinces of the empire; the immense debt contracted in the late
war in particular, and a great part of that contracted in the war
before, were both properly contracted in defense of America."
1776, AN INQUIRY INTO THE NATURE AND CAUSES OF THE WEALTH OF
NATIONS by Adam Smith
"The expense of the peace establishment of the colonies was,
before the commencement of the present disturbances, very
considerable, and is an expense which may, and if no revenue can
be drawn from them ought certainly to be saved altogether. This
constant expense in time of peace, though very great, is
insignificant in comparison with what the defense of the colonies
has cost us in time of war. The last war, which was undertaken
altogether on account of the colonies, cost Great Britain, it has
already been observed, upwards of ninety millions. The Spanish
war of 1739 was principally undertaken on their account, in
which, and in the French war that was the consequence of it,
Great Britain spent upwards of forty millions, a great part of
which ought justly to be charged to the colonies. In those two
wars the colonies cost Great Britain much more than double the
sum which the national debt amounted to before the commencement
of the first of them. Had it not been for those wars that debt
might, and probably would by this time, have been completely
paid; and had it not been for the colonies, the former of those
wars might not, and the latter certainly would not have been
undertaken. It was because the colonies were supposed to be
provinces of the British empire that this expense was laid out
upon them. But countries which contribute neither revenue nor
military force towards the support of the empire cannot be
considered as provinces. They may perhaps be considered as
appendages, as a sort of splendid and showy equipage of the
empire. But if the empire can no longer support the expense of
keeping up this equipage, it ought certainly to lay it down; and
if it cannot raise its revenue in proportion to its expense, it
ought, at least, to accommodate its expense to its revenue. If
the colonies, notwithstanding their refusal to submit to British
taxes, are still to be considered as provinces of the British
empire, their defense in some future war may cost Great Britain
as great an expense as it ever has done in any former war. The
rulers of Great Britain have, for more than a century past,
amused the people with the imagination that they possessed a
great empire on the west side of the Atlantic. This empire,
however, has hitherto existed in imagination only. It has
hitherto been, not an empire, but the project of an empire; not a
gold mine, but the project of a gold mine; a project which has
cost, which continues to cost, and which, if pursued in the same
way as it has been hitherto, is likely to cost, immense expense,
without being likely to bring any profit; for the effects of the
monopoly of the colony trade, it has been shown, are, to the
great body of the people, mere loss instead of profit."
1776, AN INQUIRY INTO THE NATURE AND CAUSES OF THE WEALTH OF
NATIONS by Adam Smith
5. THE FEDERAL RESERVE SISTER OF THE EXCHEQUER.
Exchequer: "The English department of revenue. A very ancient
court of record, set up by William the Conqueror, as a part of
the aula regia, and intended principally to order the revenues of
the crown, and to recover the king's debts and duties. It was
called exchequer, "scaccharium," from the checked cloth,
resembling a chessboard, which covers the table." Ballentine's
Law Dictionary
Exchequer: "That department of the English government which has
charge of the collection of the national revenue; the treasury
department." Black's Law Dictionary 4th ed.
Exchequer: "In English Law. A department of the government
which has the management of the collection of the king's
revenue." Bouvier's Law Dictionary 1914 ed.
Court of Exchequer: "56.The court of exchequer is inferior in
rank not only to the court of king's bench, but to the common
pleas also: but I have chosen to consider it in this order, on
account of its double capacity, as a court of law and a court of
equity [44] also. It is a very ancient court of record, set up
by William the Conqueror, as a part of the aula regia, through
regulated and reduced to its present order by King Edward I; and
intended principally to order the revenues of the crown, and to
recover the king's debts and duties. It is called the exchequer,
scaccharium, from the chequed cloth, resembling a chess-board,
which covers the table there; and on which, when certain of the
king's accounts are made up, the sums are marked and scored with
counters. It consists of two divisions; the receipt of the
exchequer, which manages to royal revenue, and with which these
Commentaries have no concern; and the court or judicial part of
it, which is again subdivided into a court of equity, and a court
of common law."
Black Stone Commentaries Book III, pg 1554
Court of Exchequer: "An English superior court with jurisdiction
of matter of law and matters involving government revenue."
Ballentine's Law Dictionary
Court of Exchequer: "A court for the correction and prevention of
errors of law in the three superior common-law courts of the
kingdom.
A court of exchequer chamber was first erected by statute 31
Edw. III. C. 12, to determine causes upon writs of error from the
common-law side of the exchequer court. It consisted of the
chancellor, treasurer, and the "justices and other sage persons
as to them seemeth." The judges were merely assistants. A
second court of exchequer chamber was instituted by statute 27
Eliz. C. 8, consisting of the justices of the common pleas and
the exchequer, or any six of them, which had jurisdiction in
error of cases in the king's bench. In exchequer chamber
substituted in their place as an intermediate court of appeal
between the three common-law courts and Parliament. It consisted
of the judges of the two courts which had not rendered the
judgement in the court below. It is now merged in the High Court
of Justice." Bouvier's Law Dictionary 1914 ed.
The equity court of the exchequer: "57. The court of equity is
held in the exchequer chamber before the lord treasurer, the
chancellor of the exchequer, the chief baron, and three puisne'
ones. These Mr. Selden conjectures to have been anciently made
out of such as were barons of the kingdom, or parliamentary
barons; and thence to have derived their name: which conjecture
receives great strength form Bracton's explanation of magna
carta, c.14, which directs that the earls and barons be amerced
by their peers; that is, says he, by the barons of the exchequer.
The primary and original business of this court is to call the
king's debtors to account, by bill filed by the attorney general;
and to recover any lands, tenements, or hereitaments, any goods,
chattels, or other profits or benefits, belonging to the crown.
So that by their original constitution the jurisdiction of the
courts of common pleas, king's bench, and exchequer, was entirely
separate and distinct; the common pleas being intended to decide
all controversies between subject and subject; the king's bench
to correct all crimes and misdemeanors that amount to a breach of
the peace, the king being then the plaintiff, as such offenses
are in open derogation of the jura regalia (regal rights) of his
crown; and the exchequer to adjust [45] and recover his revenue,
wherein the king also is plaintiff, as the withholding and
nonpayment thereof is an injury to his jura fiscalia (fisical
rights). But, as by a fiction almost all sorts of civil actions
are now allowed to be brought in the king's bench, in like manner
by another fiction all kinds of personal suits may be prosecuted
in the court of exchequer. For as all the officers and ministers
of this court have, like those of other superior courts, the
privilege of suing and being sued only in their own court; so
exchequer, are privileged to sue and implead all manner of
persons in the same court of equity that they themselves are
called into. They have likewise privilege to sue and implead one
another, or any stranger, in the same kind of common-law actions
(where the personalty only is concerned) as are prosecuted in the
court of common pleas."
Black Stone Commentaries Book III, pg 1554
The common-law court of the exchequer: "58. This gives original
to the common-law part of their jurisdiction, which was
established merely for the benefit of the king's accountants, and
is exercised by the barons only of the exchequer, and not the
treasurer or chancellor. The writ upon which the plaintiff
suggests that he is the king's farmer or debtor, and that the
defendant hath done him the injury or damage complained of; quo
minus sufficient exist, by which he is the less able, to pay the
king his debt or rent. And these suits are expressly directed,
by what is called the statute of Rutland, to be confined to such
matters only as specially concern the king or his ministers of
the exchequer. And by the articuli super cartas it is enacted
that no common pleas be thenceforth holden in the exchequer,
contrary to the form of the great charter. But not, by the
suggestion of privilege, any person may be admitted to sue in the
exchequer as well as the king's accountant. The surmise of being
debtor to the king is therefore become matter of form and mere
words of course, and the court is open to all the nation equally.
The same holds with regard to the equity side of the court: for
there any person may file [46] a bill against another upon a bare
suggestion that he is the king's accountant; but whether he is so
or not is never controverted. In this court, on the nonpayment
of titles; in which case the surmise of being the king's debtor
is no fiction, they being bound to pay him their first-fruits,
and annual tenths. But the chancery has of late years obtained a
large share in this business."
Black Stone Commentaries Book III, pg 1555
Definition of a legal fiction: For a discussion of fictions
in law, see chapter II of Maine's Ancient Law, and Pollock's note
D in his edition of the Ancient Law. Blackstone gives
illustrations of legal fictions on pages 43, 45, 153, 203 of this
book. Mr Justice Curtis (Jurisdiction of United States Courts,
2d ed., 148) gives the following instance of a fiction in our
practice:
"A suit by or against a corporation in its corporate name
may be presumed to be a suit by or against citizens of the state
which created the corporate body, and no averment or denial to
the contrary is admissible for the purpose of withdrawing the
suit from the jurisdiction of a court of the United States.
There is the Roman fiction: The court first decides the law,
presumes all the members are citizens of the state which created
the corporation, and then says, `you shall not traverse that
presumption'; and that is the law now. (Authors note-by your
residence you are incorporated) Under it, the courts of the
United States constantly entertain suits by or against
corporations. (Muller v. Dows, 94 U. S. 444, 24 L. Ed. 207.) It
has been so frequently settled, that there is not the slightest
reason to suppose that it will ever be departed from by the
court. It has been repeated over and over again in subsequent
decisions; and the supreme court seem entirely satisfied that it
is the right ground to stand upon; and, as I am now going to
state to you, they have applied it in some cases which go beyond,
much beyond, these decisions to which I have referred. So that
when a suit is to be brought in a court of the United States by
or against a corporation, by reason of the character of the
parties, you have only to say that this corporation (after naming
it correctly) was created by a law of the state; and that is
exactly the same in its consequences as if you could allege, and
did allege, that the corporation was a citizen of that state.
According to the present decisions, it is not necessary you
should say that the members of that corporation are citizens of
Massachusetts. They have passed beyond that. You have only to
say that the corporation was created by a law of the state of
Massachusetts, and has its principal place of business in that
state; and that makes it, for the purposes of jurisdiction, the
same as if it were a citizen of that state" See Pound, Readings
in Roman Law, 95n.
Black Stone Commentaries Book III, pg 1553
Statute of Mortmain, 1279
"The king to his Justices of the Bench, greeting. Where as of
late it was provided that religious men should not enter into the
fees of any without the will and licence of the lords in chief of
whom these fees are held immediately; and such religious men
have, notwithstanding, later entered as well into their own fees
as into those of others, appropriated, them to themselves, and
buying them, and sometimes receiving them from the gift of
others, whereby the services which are due of such fees, and
which at the beginning, were provided for the defence of the
realm, are unduly withdrawn, and the lords in chief do lose their
escheats of the same; we, therefore, to the profit of our realm,
wishing to provide a fit remedy in this matter, by advice of our
prelates, counts and other subjects of our realm who are of our
council, have provided, established, and ordained, that no
person, religious or other, whatsoever presume to buy or sell any
lands or tenements, , or under colour of gift or lease, or of any
other term or title whatever to receive them from any one, or in
any other craft or by wile to appropriate them to himself,
whereby such lands and tenements may come into mortmain under
pain of forfeiture of the same. We have provided also that if any
person, religious or other, do presume either by craft or wile to
offend against this statute it shall be lawful for us and for
other immediate lords in chief of the fee so alienated, to enter
it within a year from the time of such alienation and to hold it
in fee as an inheritance. And if the immediate lord in chief
shall -be negligent and be not willing to enter into such fee
within the year, then it shall be lawful for the next mediate
lord in chief, within the half year following, to enter that fee
and to hold it, as has been said; and thus each mediate lord
may do if the next lord be negligent in entering such fee as as
been said. And if all such chief lords of such fee, who shall be
of full age, and within the four seas and out of prison, shall be
for one year negligent or remiss in this matter, we, straightway
after the year is completed from the time when such purchases,
gifts, or appropriations of another kind happen to have been
made, shall take such lands and tenements into our hand, and
shall enfief others therein by certain services to be rendered
thence to us for the defence of our kingdom ; saving to the lords
in chief of the same fees their wards, escheats and other things
which pertain to them, and the services therefrom due and
accustomed. And therefore we command you to cause the aforesaid
statute to be read before you, and from henceforth firmly kept
and observed. Witness myself at Westminster, the 15th day of
November, the 7h year of our reign."
Could the President as trustee, in behalf of the Crown, sell
what it does not control, as trustee? No. Will the unsuspecting
purchasers of the sold property own it? No. They might be
granted fee simple title, or be made to pay taxes if given only
fee tail title. Either way the king is still the corporate sole,
and they will not have allodial title. Remember this Executive
Order, I use it because it further proves the American people do
not own any land in America.
19063
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Federal Register PRESIDENTIAL DOCUMENTS
Vol. 57, No. 86
Monday, May 4, 1992
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Title 3-- Executive Order 12803 of April 30, 1992
The President
Infrastructure Privatization
By the authority vested in me as President by the
Constitution and the laws of the United States of America, and in
order to ensure that the United States achieves the most
beneficial economic use of its resources, it is hereby ordered as
follows:
Section 1. Definitions. For purposes of this order:
(a) "Privatization" means the disposition or transfer of an
infrastructure asset, such as by sale or by long-term lease, from
a State or local government to a private party.
(b) "Infrastructure asset" means any asset financed in whole
or in part by the Federal Government and needed for the
functioning of the economy. Examples of such assets include, but
are not limited to: roads, tunnels, bridges, electricity supply
facilities, mass transit, rail transportation, airports, ports,
waterways, water supply facilities, recycling and wastewater
treatment facilities, solid waste disposal facilities, housing,
schools, prisons, and hospitals.
(c) "Originally authorized purposes" means the general
objectives of the original grant program; however, the term is
not intended to include every condition required for a grantee to
have obtained the original grant.
(d) "Transfer price" means: (i) the amount paid or to be
paid by a private party for an infrastructure asset, if the asset
is transferred as a result of competitive bidding; or (ii) the
appraised value of an infrastructure asset, as determined by the
head of the executive department or agency and the Director of
the Office of Management and Budget, if the asset is not
transferred as a result of competitive bidding.
(e) "State and local governments" means the government of
any State of the United States, the District of Columbia, any
commonwealth, territory, or possession of the United States, and
any county, municipality, city, town, township, local public
authority, school district, special district, intrastate
district, regional or interstate governmental entity, council of
governments, and any agency or instrumentality of a local
government, and any federally recognized Indian Tribe.
Sec. 2. Fundamental Principles. Executive departments and
agencies shall be guided by the following objectives an
principles:
(a) Adequate and well-maintained infrastructure is critical to
economic growth. Consistent with the principles of federalism
enumerated in Executive Order No. 12612, and in order to allow
the private sector to provide for infrastructure modernization
and expansion, State and local governments should have greater
freedom to privatize infrastructure assets.
(b) Private enterprise and competitively driven improvements
are the foundation of our Nation's economy and economic growth.
Federal financing of infrastructure assets should not act as a
barrier to the achievement of economic efficiencies through
additional private market financing or competitive practices, or
both.
(c) State and local governments are in the best position to
assess and respond to local needs. State and local governments
should, subject to assuring continued compliance with Federal
requirements that public use be on reasonable and
nondiscriminatory terms, have maximum possible freedom to United
States, its agencies or instrumentalities, its officers or
employees, or any other person.
[Signed George Bush]
THE WHITE HOUSE
April 30, 1992.
{FR Doc. 92-10495
Filed 4-30-92; 4:17 pm}
Billing code 3195-01-m
Secret Treaty Of Verona
"The undersigned specially authorized to make some additions
to the treaty of the Holy Alliance, after having exchanged their
respective credentials, have agreed as follows:
ARTICLE I. The high contracting powers being convinced that
the system of representative government is equally as
incompatible with the monarchial principles as the maxim of the
sovereignty of the people with the divine right, engage mutually,
in the most solemn manner to use all their efforts to put an end
to the system of representative governments, in whatever country
it may exist in Europe, and to prevent its being introduced in
those countries where it is not yet known.
ARTICLE 2. As it cannot be doubted that the liberty of the
press is the most powerful means used by the pretended supporters
of the rights of nations to the detriment of those of princes,
the high contracting parties promise reciprocally to adopt all
proper measures to suppress it, not only in their own state but
also in the rest of Europe.
ARTICLE 3. Convinced that the principles of religion
contribute most powerfully to keep nations in the state of
passive obedience which they owe to their princes, the high
contracting parties declare it to be their intention to sustain
in their respective states, those measures which the clergy may
adopt with the aim of ameliorating their own interests, so
intimately connected with the preservation of the authority of
the princes; and the contracting powers join in offering their
thanks to the Pope for what he has already done for them, and
solicit his constant co-operation in their views of submitting
the nations.
ARTICLE 4. The situation of Spain and Portugal unite
unhappily all the circumstances to which this treaty has
particular reference. The high contracting parties, in confiding
to France the care of putting an end to them, engaged to assist
her in the manner which may at least compromit them with their
own people and the people of France by means of a subsidy on the
part of the two empires of 20,000,000 of francs every year from
the date of signature of this treaty to the end of the war.
ARTICLE 5. In order to establish in the peninsula the order
of things which existed before the revolution of Cadiz, and to
insure the entire execution of the articles of the present
treaty, the high contracting parties give to each other the
reciprocal assurance that as long as their views are not
fulfilled, rejecting all other ideas of futility or other measure
to be taken, they will address themselves with the shortest
possible delay to all the authorities existing in their states
and to all their agents in foreign countries, with the view to
establish connections tending toward the accomplishment of the
objects proposed by this treaty.
ARTICLE 6. This treaty shall be renewed with such changes
as new circumstances may give occasion for; either at a new
congress, or at the court of one of the contracting parties, as
soon as the war with Spain shall be terminated.
ARTICLE 7. The present treaty shall be ratified and the
ratifications exchanged at Paris within the space of six months. Made at Verona the 22nd of November, 1822.
For Austria: Metternich.
For France: Chateaubriand.
For Russia: Bernstet.
For Russia: Nesselrode."
Senator Owen
"This Holy Alliance, having put a Bourdon prince upon the throne
of France by force, then used France to suppress the condition of
Spain, immediately afterwards, and by this very treaty gave her a
subsidy of 20,000,000 francs annually to enable her to wage war
upon the people of Spain and prevent their exercise of any
measure of the right of self-government. The Holy Alliance
immediately did not same thing in Italy, by sending Austrian
troops to Italy, where the people there attempted to exercise a
like measure of liberal constitutional self-government; and it
was not until the printing press, which the Holy Alliance so
stoutly opposed, taught the people of Europe the value of liberty
that finally one country after another seized a greater and
greater right of self-government, until now it may be fairly said
that nearly all the nations of Europe have a very large measure
of self-government.
"However, I wish to call the attention of the Senate to this
important history in the growth of constitutional popular self-
government. The Holy Alliance made its powers felt by the
wholesale drastic suppression of the press in Europe, by
universal censorship, by killing free speech and all ideas of
popular rights, and by the complete suppression of popular
government. The Holy Alliance having destroyed popular
government in Spain, and Italy, had well-laid plains also to
destroy popular government in the American Colonies which had
revolted from Spain and Portugal in Central and South America
under the influence of the successful example of the United
States."
"It was because of this conspiracy against the American
Republics by the European monarchies that the great English
statesman, Canning, called the attention of our government to it,
and our statesmen then, including Thomas Jefferson, who was still
living at that time, took an active part to bring about the
declaration by President Monroe in his next annual message to the
Congress of the United States that the United States would regard
it as an act of hostility to the government of the United States
and an unfriendly act, if this coalition, or if any power of
Europe ever undertook to establish upon the American continent
any control of any American republic, or to acquire any
territorial rights.
"This is the so-called Monroe Doctrine. The threat under
the secret treaty of Verona to suppress popular government in the
American republics is the basis of the Monroe Doctrine. This
secret treaty sets fourth clearly the conflict between monarchial
government and popular government, and the government of the few
as against the government on the many."
Senator Owen, Congressional Record 1916
THE JESUIT OATH
"I.............................., now in the presence of Almighty
God, the Blessed Virgin Mary, the Blessed Michael the Archangel,
The Blessed St. John the Baptist, the Holy Apostles, Peter and
Paul, and all the Saints, sacred hosts of Heaven, and to you, my
ghostly Father, the Superior General of the Society of Jesus,
founded by St. Ignatius Loyaola, in the Ponification of Paul the
Third, and continued to the present, do by the womb of the
virgin, the matrix of God, and the rod of Jesus Christ, declare
and swear that his holiness, the Pope, is Christ's Vice-regent,
and is the true and only head of the Catholic or Universal Church
throughout the earth; and that by the virtue of the keys of
binding and loosing, given to his Holiness by my Savior, Jesus
Christ, he hath power to depose heretical kings, princes, states,
commonwealths and g