Professional Documents
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Sovereignty
The author of this book does not give legal advice. Remedies are
available if you know where to look for them. The purpose of this book
is to reveal and compile the sources of some of these remedies that can
be found in millions of pages of case law, statutes, codes, laws, rules,
and regulations. This book is intended to decrease the time it takes to
discover the components of your remedies and their application. It is the
responsibility of the readers to understand their remedies, to seek
assistance if necessary, and to apply proper and complete concepts to
reach a successful conclusion to a dispute. This book does not exhaust
the information that might be needed to successfully settle a dispute.
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Books
In Search of Liberty
Liberty, sir, is the primary object, …the battles of the Revolution were fought, not
to make ‘a great and mighty empire’, but ‘for liberty’. Patrick Henry
Booklets
2 Liberty FREE
Now the Lord is that Spirit: and where the Spirit of the Lord is, there is Liberty.
II Corinthians 3:17
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4 Sovereignty FREE
Even in almost every nation, which has been denominated free, the state has
assumed a supercilious pre-eminence above the people who have formed it. Hence,
the haughty notions of state independence, state sovereignty, and state supremacy.
Justice Wilson, Chisholm v. Georgia, 2 Dal. (U.S.) 419, 458 (1792)
7 Resident/Minister FREE
You may also buy some of the temporary residents living among you and members
of their clans born in your country, and they will become your property.
Leviticus 25:45
8 Introduction to Law Merchant FREE
Stand fast, therefore, in the liberty with which Christ hath made us free, and be not
entangled again with the yoke of bondage. Galatians 5:1
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Table of Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . 1
Origins of Sovereignty . . . . . . . . . . . . . . . . . 6. .
Sovereignty Defined . . . . . . . . . . . . . . . . . . 9. .
Sovereignty by Conquest . . . . . . . . . . . . . . . 13
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TREATISE - Sovereignty
1 - INTRODUCTION
But who looks into the perfect law, the law of liberty, and
perseveres, being no hearer that forgets but a doer that acts,
he shall be blessed in his doing. James 1:25
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How true it is, that states and governments were made for
man; and at the same time how true it is, that his creatures and
servants have first deceived, next vilified, and at last, oppressed
their master and maker.
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3 – ORIGINS OF SOVEREIGNTY
Maybe you agree with Sam Adams in his belief that if we want to
use the word sovereign, there is only One. I do not think the word is
necessary, not that some good points can not be raised, but it is
continuously used as the means to rule by tyranny and oppression
contrary to the freedom and liberty of the people.
4 – SOVEREIGNTY DEFINED
Do you see the idea of master and servant running through these
definitions of sovereign and sovereignty? Does it seem a sovereign
ruler has god-like powers and authority without control? If it were
not for the word sovereign, is there another term that would convey
such unnatural authority?
the power to execute the laws both at home and abroad; and the
last is the power to apply the laws to particular facts; to judge the
disputes which arise among the citizens, and to punish crimes. 4.
Strictly speaking, in our republican forms of government, the
absolute sovereignty of the nation is in the people of the nation;
(q. v.) and the residuary sovereignty of each state, not granted to
any of its public functionaries, is in the people of the state.
A Dictionary of Law, Bouvier, 1859
to his neighbor.
Institutes of American Law, John
Bouvier, 1851, Part I, Title II, No. 11
Do you see how the civil law fits well with those who wish to rule
with supreme or sovereign power? The earlier statement about “the
sovereignty of a nation is in the people of the nation” will deceive
many people. I would refer you to the book I wrote America,
National or Federal? to see that a “nation” means the people have
surrendered or granted their sovereignty to a national government.
The idea of saying the people are sovereign is to set in motion, sooner
or later, events or circumstances that will enable government to
assume the role, as delegates, representatives or trustees of
uncontrollable or supreme sovereign power. When that happens,
people will wonder why their freedom and liberty are being eroded.
The following comes from a newer law dictionary, but not much has
changed.
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5 - SOVEREIGNTY BY CONQUEST
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Have you noticed that after the civil war the form of government
moved from a true republic to democracy, the common law of the
people became overshadowed by a civil law system for sovereign
rulers, legislative statutes went from clarifications of the common
law to decrees or commands of a penal nature reflecting acts of
sovereign power and not acts of legislation, the executive took on a
more authoritative character, and the courts and their procedures
underwent numerous changes. The American states looked more like
political subdivisions of an empire.
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could then say in this capacity the government of the United States
did not function as a national government.
exclusively in the federal head. This rule has not only been
acknowledged by the most intelligent friends to the Constitution,
but is plainly declared by the instrument itself...
Some earlier scholars of law said that the government of the United
States could operate with sovereign power regarding foreign issues,
like trade and treaties, referred to as external sovereignty, but did not
possess internal sovereign powers. Today, I believe you will find the
Internal Revenue Service operating under internal sovereign power
regarding political subjects of a national sovereignty originating from
the national citizenship of the civil war era and the 14th Amendment.
Once you allow a government to assume any sovereign power, it will
be difficult to keep legal trickery from finding a way to expand such
authority.
body that has formerly been under a distinct government, but has
been conquered, or incorporated with a larger nation.
The American Dictionary of the English
Language, Noah Webster, 1828
There are several other questions, also, which may arise under
our form of government that are not properly of judicial
cognizance. They originate in political matters, extend to
political objects, and do not involve any pecuniary claims or
consequences between individuals, so as to become grounds for
judicial inquiry. These questions are decided sometimes by
legislatures, or heads of departments, or by public political
bodies, and sometimes by officers, executive or military, so as not
to be revisable here. (See Decatur v. Paulding, 14 Peters, 497.)
Luther v. Borden, 48 U.S. 1, 53 - 55 (1849)
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If you have studied law for awhile, you may have come across
many cases saying that the power to tax involves the power to
destroy. This should make more sense now that you know that
taxation is a sovereign power, and sovereign power extends to things
existing by the authority of sovereign power, or is introduced by
permission of sovereign power. It is easy to get a little confused,
because all this sovereign stuff is based upon fictions and artificial
things.
The purpose of the quote above is to show the State can permit a
corporation to be formed. Other cases speak of permitting a
corporation formed in another sovereignty to do business in “this
State”.
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The corporation must show that the law of its creation gave it
authority to make such contracts; yet, as in the case of a natural
person, it is not necessary that it should actually exist in the
sovereignty in which the contract is made. It is sufficient that its
existence as an artificial person in the state of its creation is
acknowledged and recognized *[introduced] by the state or
nation where the dealing takes place, and that it is permitted by
the law of that place to exercise there the powers with which it is
endowed. Every power, however, which a corporation exercises
in another state, depends for its validity upon the laws of the
sovereignty in which it is exercised, and a corporation can make
no valid contract without the sanction, express or implied, of
such sovereignty.
Runyan v. Coster, 39 U.S. 122-129, 14 Pet. 122-129,
10 L.Ed. 382. See, also, North British & Mercantile
Co. v. Craig, 62 S.W. 155, 157, 106 Tenn. 621
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Looking at the phrase – “makes the law on which the right depends”
– these words could refer to the right to exist. Often in legal
language, what was a long phrase becomes shortened over time. We
have seen statements about the right to exist; therefore, the correct
phrase would be – there can be no legal right as against the authority
that makes the law on which the right to exist depends. I thought the
quote below was interesting for several reasons, but for our purpose
we see that the right of the governments to exist comes from the
people.
(that we) may be a government of laws and not of men. For the
very idea that one man may be compelled to hold his life, or the
means of living, or any material right essential to the enjoyment
of life, at the mere will of another, seems to be intolerable in any
country where freedom prevails, as being the essence of slavery
itself. Yick Wo v Hopkins, 118 U.S. 356
There are a number of court cases addressing the fact that we have
a government of laws and not of men. This is appropriate to the
issues presented in this writing. The people established constitutions
to limit government authority. That is to say, the people established
a government of laws confined by a constitution. As we have seen,
if government acts as a sovereign authority, it has to get that
authority for an exterior source – not from the people.
ADMINISTRATIVE
Administrative Agency. An agency of the sovereign power
charged with administering particular legislation.
Black’s Law Dictionary, 4th Ed.
The question then is, which is the better title of the two, both
originating from the same sovereignty?
Bagnell v. Broderick, 38 U.S. 436, 454 (1839)
LICENSE
License. A permit, granted by the sovereign, generally for a
consideration… to a person, firm, or corporation to pursue some
occupation or to carry on some business subject to regulation
under the police power. State ex rel. Gullot, v. Central Bank &
Trust Co., 143 La. 1053, 79 So. 857, 858.
Black’s Law Dictionary, 4th ed., License
CHILDREN, FAMILIES
A child in primarily a ward of the state. The sovereign has the
inherent power to legislate for its welfare, and to place it with either
parent at will, or take it from both parents and to place it elsewhere...
The rights of the parent in his child are just such rights as the law
gives him; no more, no less. ...the relative rights of parents and child
are all under the control and regulation of the municipal laws. ...The
moment a child is born it owes allegiance to the government of the
country of its birth, and is entitled to the protection of that
government.
Flauding v. Sanford, 75 P.2d 685, 51
Ariz 217 (1938), Civil Case No. 3857
COURT
They are legislative Courts, created in virtue of the general
right of sovereignty which exists in the government, or in virtue of
that clause which enables Congress to make all needful rules and
regulations, respecting the territory belonging to the United
States. American Ins. Co. v. 356 Bales of Cotton, 26 U.S. 511 (1828)
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CONTEMPT
The petitioner, Harry M. Blackmer, a citizen of the United
States resident in Paris, France, was adjudged guilty of contempt
of the Supreme Court of the District of Columbia for failure to
respond to subpoenas served upon him in France and requiring
him to appear as a witness on behalf of the United States at a
criminal trial in that court.
While it appears that the petitioner removed his residence to
France in the year 1924, it is undisputed that he was, and
continued to be, a citizen of the United States. He continued to
owe allegiance to the United States. By virtue of the obligations of
citizenship, the United States retained its authority over him, and
he was bound by its laws made applicable to him in a foreign
country. Thus, although resident abroad, the petitioner remained
subject to the taxing power of the United States. Cook v. Tait, 265
U.S. 47, 54 , 56 S., 44 S. Ct. 444. … Congress may provide for the
performance of this duty and prescribe penalties for disobedience.
In the present instance, the question concerns only the method
of enforcing the obligation. The jurisdiction of the United States
over its absent citizen, so far as the binding effect of its legislation
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CRIMES/PENAL STATUTES
Crime. An offense against sovereignty; an act committed, or
omitted, in violation of the public law which forbids or
commands it. Ballentine’s 3rd ed. (1969)
WHAT IS LAW?
Law is the abiding by the words of one's creator. "Throughout the
Germanic law books of the Middle Ages, says Heusler, runs the idea
that law is 'a quest of the creature for the justice and truth of his
creator.' All notion of arbitrary will was foreign to it. The
conception that the will of the sovereign had the force of law
came from Rome, if not, indeed, from Byzantium.
The Spirit of the Common Law,
by Roscoe Pound, Dean of
Harvard Law School, 1921, p. 65
By Byron Beers
For goingtopeace.com
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