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 of
laying 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
by 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 "religion," 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 is 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 moneylender 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" ismentioned
in the Treaty of 1783. Of whom 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 it 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 you 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'tmean
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 littlesimpler 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
to 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 tthat my purpose for doing thi 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 trustees 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 districtcourt
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 trustees, 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 thePresident 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 warthey 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 powersclaimed by
the President, but unless the Judiciary declares the President
out of line, neither you nor I cannot change this, unless you orI were
elected President, and declared this power un-Constitutional,
but Congress would then impeach you or me 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 todeclare 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 byWashington 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 virtueof that clause
which enables Congress to make all needful rules and
regulations respecting the territory belonging to the unitedStates. 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 theexecution of those
general powers which that body possesses over the
territories of the United States." Harvard Law Review, OurNew 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 proclamationdeclaring Martial
Law, or any public warning to the inhabitants, has
been issued or not. Martial Law is the immediate and directeffect 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 continuesbeyond 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 dictationof 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 orderedby 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 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, pouredthemselves
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 conditionannexed
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 PublicPolicy. 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 lordbetween
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 PatentsTitles
"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, andthe
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 thesupposed
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 itsdivisibility, 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 andthe 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 theyviolated
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 o 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 Colonistsalways 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 hindrance 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, butthe 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 theStatute 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 personentitled
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 Delawware
executed and delivered b 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 were the Corporate
Charters, amended to corporate colonies, amended to corporateStates, 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 wouldnow 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 notinconsistent
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 statute, 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 ofthe 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 fourthof 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 leease, but shall not be made t 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 whichsuch
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 countieshaving 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 ofthe 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 inRev.
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 orminerals.
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, reinforced 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 to 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, suchas mayor and commonalty,
etc., where there are no possessions or endowments given to the 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 bythe
king.
The king
being so far removed from his possessions in America, misjudged his subjects
needs, rebellion turned into War. But as always, the belligerents 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 andConquest,
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, to 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 provides 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 in force.
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 andthey 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 orQueen."
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.
Columbia v. 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
acorporation 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 iscarried
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 carriedthereon; 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 thee hidden
agenda of the Pope, 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 theimprovement
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 eversince
enjoyed. That public debt has been contracted in the defense, not of Great
Britain allone, 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, |