Source: https://www.presidency.ucsb.edu/documents/veto-message-474
The Factual Finding, of the President of the United States, Expressed and Implied on December 4th, 1833, by his hand in a written “Message” To the Senate of the United States:
Original Spelling and Grammar, Unedited.
However, NOTE; some punctuation, and definitions have been added to this copy inclusive of the Plaintiff's comments as denoted by {parentheses} and change of text color and a change in text size.
¶ # 1. At the close of the last session of Congress, I received from that body a bill, entitled "An Act to appropriate for a limited time, the proceeds of the sale of the Public Lands of the United States, and for granting lands to certain states."
¶ # 2. The brief period then remaining before the rising of Congress, and the extreme pressures of official duties, unavoidable on such occasions, did not leave me sufficient time for all that full consideration of the subject, which was due to its Great Importance.
¶ # 3. Subsequent consideration and reflection have, however, confirmed the objection to the bill, which presents themselves to my mind upon its first perusal and have satisfied me that it ought not to become a law.
{perusal means; carefully reading and proffering a written express and implied opinion upon a document equally express and implied}
¶ # 4. I felt myself, therefore, constrained to withhold from it my approval, and now return it to the Senate, in which it originated, with the reasons on which my dissent is founded.
¶ # 5. I am fully sensible of the importance, as it respects both the harmony and union of the states, of making, as soon as circumstances will allow of it, a Proper and Final disposition of the whole subject of the public lands; any measure for that object, providing for the re-imbursement to the United States of those expenses with which they are justly chargeable, that may be consistent with my views of the (1) Constitution, (2) Sound {public} Policy, and (3) the Rights of the respective states, will readily receive My cooperation.
{AND On Behalf of the Beneficiary whose “Will” I am employed to lawfully Follow, to wit, “the People”, i.e., Primary Party One, the lawfully equal earthly sovereign owner managers of “America”, in Enterprise together, by their free interactive participation in the operation of our certain procedurally patented Process of “American” Self-Governance, a perpetual corporate Form expressed and implied as the business interest of a Union in Trust, which is composed of the finite number of the current Generation of the equal earthly sovereign owner managers of “America”, which is inclusive of the Plaintiff, today.}
¶ # 6 This bill, however, is not of that character.
¶ # 7 The arrangement it contemplates is not permanent but limited to five years only, and in its terms appears to anticipate alterations within that time at the discretion of Congress, and it furnishes no adequate security against those continued agitations of the subject {the Public Lands} which it should be the principal object of any measure for the disposition of the Public Lands to avert. {avoid}
¶ # 8 Neither the merits of the bill under consideration, nor the validity of the objections which I have felt it to be my duty to make to its passage, can be correctly anticipated without a full understanding of the manner in which the public lands, upon which it is intended to operate, were acquired, and the conditions upon which they are now held by the United States. {a business operation selling a consumer product which is defined in great detail inclusive of an express and implied warranty by the PLSS (Public Land Survey System}
¶ # 9 I will, therefore, proceed the statement of those objections by a brief but distinct exposition of these points.
¶ # 10 The “wastelands” {a metaphor, one of several, specifically referencing and legally defining "the Unappropriated Lands of the King of England George III"} within, {the said King’s domain and land holding east of the Mississippi River that is not procedurally appropriated to his 13 Colonies established along the eastern coastline of "America"} the United States constitutes one of the early obstacles to the organization of any government for the protection of their {the Established Coastal Colonie’s} common interest. {as a direct result of the on-going War for Independence, which began on April 19th, 1775, which was preceded by Our unanimous Declaration of Independence in Trust of “the One People”, published on July the 4th. 1776.}
To emphasize the importance of this sentence it is re-stated here without additional context. ¶ # 10 "The wastelands within the United States constitutes one of the early obstacles to the organization of any government for the protection of their common interest."
¶ # 11 In October 1777, while {the United States in} Congress {assembled} was framing the Articles of Confederation, a proposition was made to amend them, {to deal with the said issue of what do “We” do with the “Unappropriated Lands of the King?”} to the following effect, viz.
"It was however rejected, Maryland only voting for it: and so difficult did the subject appear, but the Patriots of that body agreed to waive it {leave it out entirely} in the Articles of Confederation and leave it for future settlement."
¶ # 12 On the submission of the Articles to the {13 Colonies, now referred to as the} “several states” legislatures for {state government only} ratification {as Primary Party One, "the People" "the popular sovereign" who were fighting and dying in the on-going war for Independence were summarily ignored and omitted from the process entirely} the most formidable objection was found to be in this subject of the “wastelands”.
¶ # 13 Maryland, Rhode Island, and New Jersey instructed their delegates in Congress to move amendments to them, providing that the waste or Crown-Lands {another metaphor for the Unappropriated Lands of the King} should be considered the common property of the United States;{i.e., the Public Lands of the Owner’s, to wit, “the People”} but they were rejected.
¶ # 14 All the states, except Maryland, acceded to the Articles of Confederation, notwithstanding some of them did so, with the reservation that their claim to those lands, as common property, was not there by, abandoned.
¶ # 15 On the sole ground that no declarations to that effect was contained in the Articles of Confederation, Maryland withheld her assent, and in May 1779,{the fourth year of the War for Independence} embodied her objections in “the Form of Instructions” to her delegates, which were entered upon the journals of Congress.
¶ # 16 The following extracts are from that document, viz.
"Is it possible that those states who are ambitiously grasping at territories to which, in our judgment, they have not the least shadow of exclusive right, will use, with greater moderation, the increase of wealth and power derived from those territories when acquired, then what they have displayed in their endeavors to acquire them? "&c. &c.
"We are convinced policy and justice require that a country unsettled at the commencement of this war, claimed by the British Crown, and succeeded to it by the Treaty of Paris, if wrestled from the common enemy by the blood and the treasure of the 13 states, should be considered as a common property, subject to be parceled out by Congress into free, convenient, an independent governments {i.e. 30 Expressly Conditional Public Land states} in such manner, and at such times, as the wisdom of that assembly {i.e. Congress} shall hereafter direct." &c. &c.
¶ # 17 Virginia preceded to open a Land Office for the sale of her western lands, {yet another metaphor for the Unappropriated Lands of the King} which produced such excitement as to induce Congress, in October 1779, {the fourth year of the War for Independence} to interpose, an earnestly recommend to "the said state, and all states similarly circumstanced, to forbear settling or issuing warrants {I.E., SELLING THE PUBLIC LAND} for such unappropriated lands or granting the same during the continuance of the present war."
¶ # 18 In March 1780, {the fifth year of the War for Independence} the legislature of New York passed an act tendering cession to “the United States” of the claims of that state to the western territories, {yet another metaphor for the Unappropriated Lands of the King} preceded by a Preamble to the following effect, viz.
"Whereas, nothing under the Divine Providence can more effectually contribute to the tranquility and safety of the United States of America then can a federal alliance on such liberal principles as would give satisfaction to its respective members; and whereas the Articles of Confederation and the Perpetual Union recommended by the honorable Congress of the United States of America have not approved acceptable to all the states, in having been conceived that a portion of the waste and uncultivated Territory, {yet another metaphor for the Unappropriated Lands of the King} within the limits or claims of certain states ought to be appropriated as a common fund {a source of income, revenue, money} for the expenses of the war; and “the People” of the state of New York being on all occasions disposed to manifest their regard for their sister states, and their earnest desire to promote the general interest and security, and more especially to accelerate the federal alliance, by removing, as far as it depends on them, the beforementioned implement {obstacle, hindrance, problem} to its final accomplishment." &c.
¶ # 19 This act of New York, the instructions of Maryland, and a remonstrance {A formal request that something which it is in contemplation to perform shall not be done} of Virginia, were referred to a Committee of Congress, who reported a preamble and resolutions there on, which were adopted on the 6th of September 1780; {the fifth year of the War for Independence} so much of which, as is necessary to elucidate the subject, is to the following effect, viz.
"That it appears advisable to press upon those states which can be removed the embarrassments respecting the western country, {yet another metaphor for the Unappropriated Lands of the King} a liberal surrender of a portion of their territorial claims, since they cannot be preserved entire without endangering the stability of the general confederacy; to remind them how indispensably necessary it is to establish the federal union on a fixed and permanent basis, and on principles acceptable to all its respective members; how essential to public credit and confidence, to the support of our army, to the vigor of our councils, and success of our measures, to our tranquility at home, our reputation abroad, our very existence as a free, sovereign, and independent People; that they are fully persuaded the wisdom of the several legislatures will lead them to a full and impartial consideration of a subject so interesting to “the United States”, and so necessary to the happy establishment of “the federal union”, that they are confirmed in these expectations by a review of the before mentioned act of the legislature of New York, submitted to their consideration." &c.
"Resolved, that copies of the several papers referred to the committee be transmitted, with a copy of the report, to the legislatures of the several states; and that it be earnestly recommended to those states who have claims to the western country, {yet another metaphor for the Unappropriated Lands of the King} to pass such laws, and give their delegates in Congress such powers, as may effectively remove the only obstacle to a final ratification of the Articles of the Confederation; and that the legislature of Maryland be earnestly requested to authorize their delegates in Congress to subscribe to said Articles."
¶ # 20 Following up this {proposed national} Policy, Congress preceded, on the 10th of October 1780, {the fifth year of the War for Independence} to pass a resolution pledging the United States to the several states as to the manner in which any lands that might be ceded by them should be disposed of,… {Thus, the said "Founders Congress Assembled" sets about “the People’s” work of “interactive participation”, in this case, “invention of a process to provide solution”, and “to do all things necessary and proper” to enterprise a benefit to “the People”, who embody, thus form, and impower this United States by the design, production, inventory, to wit, all of the effort to undertake the sale of an open market consumer product, to wit, “U.S. Government Patented “Soil” Ownership Use Rights” Lawfully, Specifically, and Permanently Located, sold in fee simple, forever, as warranted by our “American” Municipally Decreed Ordinance, de-facto. Said product would achieve a long river of large sums of cash flow, regular revenue! To the Profit of the Equitable Owners, the Beneficiaries, you and I, We, “the People” of the several states. Said product is, specifically Surveyed, Inventoried, Mapped, Published, Archived and Monumented by a Governmental System of Townships composed of a Grid of Sections. Said Grid of Sections are located in rows and columns by a Range Grid Center point. Said Center Point and all lines are Forever Set, Permanent, and Perpetual in Law. Thus, a Public Land State is defined as a specifically located land mass of “Soil” use Rights for Benefit to “the General Welfare” of both the People’s assembly of their state governments and to “the People” themselves, “to insure domestic Tranquility” of both and As a Direct Investment in the Success of Our “American” Social Construct of “American” Municipal Law. Thus, said consumer product is procedurally patented by law, and is bundled with a Perpetual Warranty, de facto; U.S. Government Patented and Warranted “Soil” Ownership and Use Rights. Much Like the Patent of Federal “Soil” Use Rights the Plaintiff purchased in lawful “Good Faith” in 1991}
…the material parts of which are as follows, viz.
"Resolved, that the unappropriated lands which may be ceded or relinquished to “the United States” by any particular state, pursuant to the recommendation of Congress by the 6th day of September last, shall be disposed of for the common benefit of the United States, {note this mean the State governments get the proceeds not "the People"} and be settled and formed in two distinct republican states; which shall become members of the federal union, and have the same rights of sovereignty, freedom and independence, as the other states." &c.&c.
"That the said lands shall be granted or settled at such times, and under such regulations, as shall heretofore be agreed on by the United States in Congress Assembled, or nine or more of them."
¶ # 21 In February 1781, {the sixth year of the War for Independence} the legislature of Maryland passed an act authorizing their delegates in Congress to sign the Articles of Confederation.
¶ # 22 The following are extracts from the preamble in body of the Act, viz.
"Whereas it hath been said that the common enemy {the King of England, His Army, His Navy and His Parliament} is encouraged, by this state not exceeding to the Confederation, to hope that the union of the {People who constitute and manifest the} sister states may be dissolved, and therefore prosecutes the war {for the Evolution of “the Peoples” Self-Governance of “America”} in expectation of an event so disgraceful to America; and our friends and illustrious ally are impressed with an idea that the common cause {of “the People”} would be promoted by our formally acceding to the Confederation." &c.
¶ # 23 The act of which, this is, the preamble, authorizes the delegates of that state to sign the Articles, and proceeds to Declare,
"That, by acceding to the said Confederation, this state does not relinquish, nor intend to relinquish, any right or interest she hath, with the other united or confederated states, to the back country." {yet another metaphor for the Unappropriated Lands of the King} &c.
¶ # 24 On the 1st of March 1781, the delegates of Maryland signed the Articles of Confederation, and the federal union {of We, “the People”, the Owners, de facto}, under that compact, was complete.
¶ # 25 The conflicting claims to the western lands, {yet another metaphor for the Unappropriated Lands of the King} however, were not disposed of, and continued to give great trouble to Congress.
¶ # 26 Repeated and urgent calls were made by Congress, upon the states claiming them, to make liberal cessions to the United States, and it was not until long after the present Constitution was Formed, that the grants were completed.
¶ # 27 The deed of cession from New York was executed on the 1st of March 1781, {the sixth year of the War for Independence}, the day the Articles of Confederation were ratified; and it was accepted by Congress on the 29th day of October 1782.
¶ # 28 One of the conditions of this cession, thus tendered and accepted, was, that the land ceded to the United States "shall be, and enure* { Black's Law Dictionary: " To operate or take effect. To serve to the use, benefit, or advantage of a person ".} for the use and benefit of such of the United States as shall become members of the federal alliance of the said states, and not for other use or purpose whatsoever." {Said Operative Federal Facts of Law, are Claimed; noting that the education of "the People" concerning their Equal Collective corporate Rights, Powers, and interactive "Role" and social station are omitted and expressly prohibited}
¶ # 29 The Virginia deed of cession was executed and accepted on the first day of March 1784: {six months after the end of the War for Independence} one of the conditions of this cession is as follows, viz.
"That all the lands within the territory, {yet another metaphor for the Unappropriated Lands of the King}, as ceded to the United States, and not reserved for, or appropriated to, any of the before mentioned purposes, or disposal of in bounties to the officers and soldiers of the American army, shall be considered as a common fund for the use and benefit of such of the United States has, have become, or shall become, members of the Confederation or federal alliance of the said states, Virginia inclusive, according to their usual respective proportions in the general charge and expenditure and shall be fatefully and bona fide disposal for that purpose, and for no other use or purpose whatsoever."
{Note. The origin and intent of the 1st Land Ordinance of 1785 and all subsequent additions and improvements in 1786 and 1787 under the Article of Confederation}
¶ # 30 Within the years 1785, 1786, and 1787, Massachusetts, Connecticut, in South Carolina ceded their claims upon similar conditions.
{Note. The Institution of, the Perpetual Union of the United States, is now a Fact, in the Laws of the United States and so claimed by the Plaintiff.}
However, the Plaintiff asserts that it would be much more forthright and legally factual to express said “American” Institution as “the Perpetual Union of “the People” of the United States” based upon the preponderance of the evidence. And more specifically the express and implied terms and conditions defined by our Organic, Unanimous, and Multipurposed Declaration of Independence, specifically the salutations on the last page. Said salutations, in pertinent part states, “We, therefore, the Representatives of the United States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by the Authority of the good People of these Colonies, solemnly publish and declare,… That these United Colonies are, and of Right ought to be Free and Independent… And for the support of this Declaration, {Note the acknowledgement of a trnsactional agreement in trust under the express and implied Indentured relationship between Primary Party One "the People" and Primary party two the indentured servant government terms and conditions-we, [i.e., “the One People” see pg. 1 of this Declaration] mutually pledge to each other Our Lives, Our Fortunes and Our sacred Honor.”
{Note the acknowledgement that this Declaration is “Solemnly Published”, thus expressed and implied as de facto “American” Federal Law and this Declaration simultaneously defines a “Transaction” and records an Exchange, expressed and implied by a Public Offer and its “Unanimous” Public Acceptance}
Thus, by this Declarations de facto Form as “American” Organic Law and within the text and confines of this multipurpose Declaration, said expresses and implies a lawful Trust is Formed and that the Representatives of the United States of America, in General Congress, Assembled have excepted the “Role” of “the Indentured servant Government” defined within its expressed and implied text and the fiduciary obligations of Trustee, to wit, the Official and Authoritative ”Role” of [Primary Party Two], the Defendant.
Thus, said [Primary Party Two] has Publicly Published an Offer of express and implied “services” to [Primary Party One] “the People”, the earthly sovereign source of All Legal Authority and Political Power, the Owners of the Disputed Land of the Free and the Home of the Brave, the Good People of these Colonies, i.e., “the One People”.
Additionally, according to the Solemnly signed and Publicly Published Declaration said Good People have Accepted, unanimously.
This Declaration, is Publicly Enshrined and the text of long vested terms and conditions have been expressed and implied and affirmed by Public Acquiescence, this Dye is Cast, this “legal condition” is a procedurally patented precedent and Claimed as Operative Federal Fact by the inclusion of this Declaration into the Supreme Law of the Land of the Free and the Home of the Brave, of We, “the People”, inclusive of the Plaintiff, at Article # Section # of said Supreme Federal Law, to wit, Our Preamble-Constitution and Our Bill of Rights, as “American” Citizens, inclusive of the Plaintiff.
Primary Party Two, expressly implies by its own hand, to be “the Government Body” defined within this Declaration, who is acting by majority vote to specifically invoke the Name of the Earthly sovereign source of All Law and Political Power in “America”, the Owners, [Primary Party One], We, “the People”, inclusive of the Plaintiff and stand upon the Authority of [Primary Party One], the earthly sovereign Owners of, the Disputed Land of the Free and the Home of the Brave, the Good People of these Colonies. Both Parties, “Knowing” and being fully informed that the 1st Principle of “America” is non-discretionary and by this precedent simply requires the interactive “Role” of “the People” to be lawfully and procedurally performed, documented, and certified in compliance with this lawful standard “to do all things necessary and proper”.
General Notice to Each “American” Citizen.
You and I are the equal earthly sovereign owners and managers of "America" we are the intended and acknowledged source of All Legal Authority and Political Power in “America”, under our documented Form of organic common and municipal “American” Law.”
Said is de facto.
Non-discretional, Foundational, Bed Rock, Authority, and inclusive of the Plaintiff today, and is claimed as Operative Fact in support of the Affirmation of the Plaintiff’s Claim.
Additionally, as a direct result of this “American” “Legal Condition”, the King of England surrendered to these express and implied terms and conditions, of “American” Independence.
Thus, by his hand, with his express and implied, Treaty of Paris 1783, he Affirmed the 1st Principle of “America” is, “the People” are the earthly owner and sovereign source of All Legal Authority and Political Power in and under the organic common and Municipal Law and Ordinance of “America” Law” expressed and implied by this multipurposed Declaration’s text and Form, which is in full compliance with, Global International Law. Operative fact claimed.
¶ # 31 The {New} federal government went into operation, under the existing Constitution, on the 4th of March 1789 the following is the only provision of that Constitution which has a direct bearing on the subject of the public lands, vis.
{note that this time period is about 9 months long. the average development cycle of human birth, into this “legal condition” of individual independence, to freely chose to move about and make a difference, right now! Each second from now on, during your Generational Time as an “American” Citizen, Ownership Liberties, Privileges, Rights, Powers and Immunities, this valuable treasure is your Birthright to claim, take possession of so that you can interactively use it, for yourself and your posterity. This “Legal Condition” is Your Life Estate of Ownership of the Uniquely Elaborate Property defined as “America”.
This “legal condition” is your “American” Social Station, your place in the Grand Design, of this, Our Elaborate “American” Social Construct of Federal Law.
Our “American” Federal Law is the key to Our defined “American Language of Sovereignty”.
Which is very powerful and can only be spoken by We, “the People” in certified consensus of the finite number of Our Exclusive Community. Together we, inclusive of the Plaintiff, can discover how to talk to each other and work together as the Owners of Our Amazing Institution of “America”.
We do this not because it is easy to change, but because it is hard at first, “to Form a more perfect union” “for ourselves and our posterity”. Note that this is not politics, this is the next level of Our hierarchical “American” Social Construct of Federal law, study the Stepped Pyramid on the backside of every one-dollar bill, there are 13 steps, and the base is the date of our Declaration of Independence, and that is our eye focused on the business of “America” to from a more perfect union” for ourselves and for our posterity.}
"The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States, and nothing in this Constitution shall be so construed as to prejudice any claim of the United States, or any particular state.”
{or any particular Citizen, inclusive of the Plaintiff. Operative Federal fact is claimed.}
¶ # 32 Thus, the Constitution left all the compacts before made in full force, and the rights of all parties remained the same under the new government as they were under the Confederation.
{Article VI - Prior Debts, National Supremacy, Oaths of Office)
1: All Debts contracted, and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.
{a governmental Warranty is a Form of Legal Debt, Obligation, and Duty in this claim}
¶ # 33 The deed of cession of North Carolina was executed in December, of 1789 {Six years after the end of the War for Independence} and accepted by an act of Congress, approved April 2nd, 1790, the third condition of this cession was in the following words, VIZ.
"That all the lands intended to be ceded by virtue of this act to the United States of America, and not appropriated as beforementioned, shall be considered as a common fund for the use and the benefit of the United States of America , North Carolina inclusive, according to their respective and usual proportions of the general charge and expenditure, and shall be faithfully disposed of for that purpose, and for no other use or purpose whatsoever. "
{It is not at first obvious what Congress and these Public State Governments are doing. However, it becomes clear in the “Accounting Section of this Presidential Finding of Facts”.
The revenue, income, profit and “good will”; derived from the sale and warranty of the said “consumer product” i.e., “Specifically Patented “Soil” Use Rights, sold forever, in fee simple”, is paid proportionally to these Public State Governments under the business form of “general charge and expenditure”, i.e., the Cost of Doing Business Locally, is rendered payable.
G&A [General & Administrative] expenses are a large portion of the total operating expenses for any Institutional Business Form, impacting the bottom line without being associated with a specific department or function within the Institutional Business.
Thus, the Presidential finding & Public Pronouncement of Calvin Coolidge, “the business of America is business” is factually and literally accurate by “America’s” Form as documented under our “American” Federal Law, as such said is claimed as support for the Affirmation of the Plaintiff’s Federal Claim.
¶ # 34 The cession of Georgia was completed on the 16th day of June, 1802, {occurring 16 months before the implementation of the said Present Constitution} and in its leading condition is precisely like that of Virginia and North Carolina.
¶ # 35 This grant completed the title of “the United States” to all those lands generally called public lands, lying within the original limits of the Confederacy.
{Note: “the United States” as the Perpetual Union of the One People, in Congress Assembled. said Operative Fact is claimed as support for the Affirmation of the Plaintiff’s Federal Claim.}
¶ # 36 Those which have been acquired by the purchase of Louisiana and Florida, have been paid for out of the common treasure of the United States, and are as such the property of the general government, to be disposed of for the common benefit, as those ceded by “the several states”.
{the several states are embodied by, We, “the People”, thus made manifest by We, “the People”, of the several states and by We, “the People”, as a singular national entirety.
Cite Article XIV (Amendment 14 - Rights Guaranteed: Privileges and Immunities of Citizenship, Due Process, and Equal Protection)
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned.
¶ # 37 By the facts here collected from the early history of our Republic, it appears that the subject of the public lands entered into the elements of its institutions.
Comment added {Fundamental Contractual Rights have long been vested to consumers based on these compacts/contracts between the member states of the United States Founders in Congress Assembled and the consumers who purchased these unique “Private Land Claim” products with their hard-earned cash, forming bonds as strong as can be invented between Primary Party One and Primary Party Two, by the faith of the Citizens in this pledge and promise made express and implied by Federal Patent Form, a Contract express and implied by [Primary Party Two] the United States, the Government, the Defendant, to “insure domestic Tranquility*.” Thus, Article 1, Section 10, Clause 1 (the Contract Clause) of the Constitution imposes certain prohibitions on the states and obligations on Congress to fulfill its contracted and published promise of permanent corners and boundary lines made and monumented with “the Peoples funds”, from “the Peoples” “Soil” to Insure Domestic Tranquility" of consumers like the Petitioner.} This is Particularly true in the expressly conditional Public Land State of Florida. Because of its origin as a Spanish Slave State, acquired thru the Adams-Onis Treaty of Congress, as public lands, subjected to the PLSS Process, and Florida's acceptance of Congress's expressly conditional sublicense of statehood, expressly and implicitly forbidding Florida's legislature, its counties, and Florida's courts from "interference" with the primary disposal of Congress's unique consumer products; to wit, U.S. Patented Private Land Claims to specifically located “Soil” Bundled with its Ownership Use Rights purchased “in fee simple, forever” like the Petitioners. See this Exhibit}
{Therefore, the filing, the restraining order, and the injunction are all illegal in the Petitioners case # 2005 CA 000312 as he legal condition includes Constitutional Immunity thus, the judgement of 2009 is void for lack of original federal jurisdiction concerning the subject matter of Federal Survey Law, as well as illegal and a violation the Petitioners Constitutional Right of Immunity, as the Petitioner is an Owner Manager who has formally claimed his Birthright.
August 3rd, 2005 documents the state employee governments direct interference, malfeasance of public trust, and authorization granted under the color of law for the intentional damage, destruction, and public desecration of Federal Monuments dedicated to “insure domestic Tranquility*”.}
¶ # 38 It was only upon the condition that those lands should be considered as common property, to be disposed of for the benefit of the United States, that some of the states agreed to come into a Perpetual Union.
{of We, “the People”, the de facto Owners of “America”.}
¶ # 39 The states claiming those lands are ceded to those views, and transferred their claims to the United States, upon certain specific conditions and on those conditions {became legally binding when} the grants were accepted.
{Judicial Notice is respectfully requested of these authoritative operative facts that together affirms the Petitioner Claim and His Cause of Action under USCode Title 18 Section 242. “Whoever, under the color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any state, territory, commonwealth, possession, or district to the deprivation of any rights, privileges, or immunity secure or protected by the Constitution or Laws of the United States, shall be fined under this title or imprison not more than one year, or both}
¶ # 40 These solemn compacts, invited, by Congress, in a resolution declaring the purpose to which the proceeds of these land should be applied, originating before the Constitution, and Forming the Basis on which it was made, bound the United States {and the states, the states agents, and the states assigns} to a particular course of Policy in relation to them, by ties as strong as can be invented to secure the faith of the nation.
{And the Faith of the Plaintiff, in the validity, honesty, and enforceability of Our “American” Federal Law itself. In Florida’s Courts, it is not worth the paper it is printed upon! Review exhibit 13. Or is this just an elaborate national political scam? Are We, “the People”, inclusive of the Plaintiff, the Owners of “America”, i.e., Primary Party One, or not?}
¶ # 41 As early as May 1785 Congress, in execution of these compacts, passed an Ordinance providing for the sale of lands in the western territory and, directing the proceeds to be paid to the Treasury of the United States.
{Note the systemic design of the procedurally patented Process of “Our Enterprise of Self-Governance” mandates this Direct Investment in the Success and Fulfillment of Our “American” Social Construct of Federal Law, in fact it is a benefit to Ourselves and Our Posterity}
¶ # 42 With this same object, other Ordinances were adopted prior to the organization of the present government.
¶ # 43 In further execution of these compacts, the Congress of the United States, under the present Constitution, as early as the 4th of August 1790 in an Act making provision for the debt of the United States, enacted as follows, viz.
"That the proceeds of the sale which shall be made of the lands in the western territory, now belonging, or that may hereafter belong, to the United States, shall be, and are hereby, appropriated towards shrinking or discharging the debts for the payments whereof the United States now are, or by virtue of this Act may be holden, and shall be applied solely to that use until the said debt shall be fully satisfied."
Comment Added: (Which is never because the Union of “America” is “Perpetual” as are the patented PLSS contracted obligations specifically defined by the Federal “Manual of Surveying Instructions for the Survey of the Public Lands of the United States and Private Land Claims”, is also “Perpetual”. Said “Manual” has been selected by scholars as being culturally important thus, is part of the knowledge base of civilization as We “the People” know it. The Petitioner concurs that this work is important enough to be preserved, reproduced, and made generally available to the public. The Plaintiff invokes Judicial Notice, of this operative Federal Fact and it is offered in support for the Courts acceptance of the merit, and the necessity, of this case to be affirmed as solid ground for Preemption and Punitive Damages as a direct result the Defendants Infringement of Our Express Social Imperative “to do all things necessary and proper” to “insure domestic Tranquility” “ to establish {“American” Federal} Justice” and “to from a more perfect union”, “ Perpetually” for the benefit of each bonafide member of every Generation of the finite number of We “the People”.
¶ # 44 To secure to the government of the United States, forever, the power to execute these compacts in good faith, the Congress of the Confederation, as early as July 13th, 1787, in an Ordinance for the government of the territories of the United States northwest of the river Ohio, prescribed to “the People” inhabiting the western territory certain conditions, which were declared to be "Articles of Compact" between the original States and “the People” and the states of said territory, which should forever remain unalterable unless by common consent." {The Common Consent of the Two Primary Parties}.
¶ # 45 In one of these Articles it is declared that-
"The legislatures of those districts, or new states, shall never interfere with the primary disposal of the “Soil” by the United States in Congress as Assembled, nor with any regulations Congress may find necessary for securing the title of such “Soil to the bona fide purchasers."
{Here is Federal recognition of the “necessary and proper” need, by its acknowledgment of the express and implied Congressional Obligation of long-term state Oversight. As the issue of securing possession of the specific location, size, shape, and quantity of the “Soil” is not expressed, however, this “step in the federal process” is legally implied and legally clear by the “intent of the federal process” and unambiguous with “the stated goal of the federal process”, “to insure domestic Tranquility”, and demonstrate the “Rule” and the Supremacy of “American” Federal Law, to wit, Consistent Lawful Leadership.}
¶ # 46 This {“legal”} condition has been extracted from “the People” {Primary Party One} of all the new territories, and, to put [its] {Federal acknowledgement that “the People” individually embody the state and manifest the state, thus, the state is a separate legal entity, and both [Primary Party One] and the state have separate but common} obligation beyond dispute, {Thus, [Primary Party One] and} each new state, carved out of the public domain has been required explicitly to recognize it {this “legal condition” and Lawful Requirement} as one of the conditions of admission into the union.
¶ # 47 Some of them {the state governments} have declared through their conventions, in separate acts, that “their people” forever disclaim all right and title to the waste and un-appropriated lands lying within this state, and that the same shall be and remain at the soul and entire disposition of the United States.
¶ # 48 With such care have the United States reserved to themselves, in all their acts down to this day, in legislating for the territories, and admitting states into the union, the unshackled power to execute, in good faith, the compacts of cession made with the original states.
¶ # 49 From these facts and proceedings, it plainly and certainly results:
1. That one of the Fundamental Principles on which the Confederation of the United States was originally based, was, that “the wasteland” of the West within their limits should be the common property of the United States.
{Thus, Primary Party Two, “the United States”, the Government, the Defendant’s “legal condition” is Fiduciary Duty, Holding Title while at all times Acting as Trustee for the Beneficiary, the Equitable Owner of “America” is originally, organically, unanimously expressed and implied in written From as Public Declaration of a Perpetual Trust and Union of “the One People”, Primary Party One, inclusive of the Plaintiff. Proof, this Operative Federal Fact is.
As is Affirmed by one original Founder, “publicly opining”, and standing as the 1st Justice of Supreme Court, John Jay defined certain operative Federal Facts thus, Bed Rock Federal Law, which is the Language of Sovereignty. Said is the Language that We, the People of this Generation, inclusive of the Plaintiff, should freely choose to discover and learn, to artfully express and imply.
Said is our individual “American” hierarchal Social Station Role, Your, common “legal condition”, is such throughout Your, “Life Estate”, to freely claim and live in service to the interactive protection, support, and defense of this Birthright of “Foundational Authority” engraved as “American” Federal Law, by John Jay’s hand within the text of Chisholm v. Georgia, i.e., We, “the People” Own “America”, lock, stock, and barrel under and by Our Federally defined “legal condition”. To wit, The federal Survivorship Right to stand and freely claim ownership of an Equal Life Estate of Earthly Joint Tenant Sovereign Authority, Power, and Immunity.
This is indeed a Treasure of Wealth and Authority, not a trifle, a trinket nor a toy, but a set of uniquely sharp and precision tools, to freely take possession of, and learn to interactively use, “to “Form” a more Union”, together linked by law, by our social media, through our internet, with our personal devices thus, interactively playing said “Role” on the Public Stage of the World, to the best of our individually flawed and imperfect abilities and skills, but We, “the People” undertake this Amazing Opportunity for the improvement of Ourselves and for Our Posterity, Perpetually We strive within this Enterprise of procedurally patented Process, the Due Process of “American” Self-Governance, following its expressed and implied Public Form, that of a Union in Trust of the exclusive membership of the finite number of the current Generation of We, “the People”, Primary Party One, the Owners and Managers in Possession of “America”, right now, which is inclusive of the Plaintiff. E pluribus Unum, of many, as one, our “American” Moto.
2. That those lands were ceded to the United States by the states which claimed them, and the cessions, were accepted on the express condition that they should be disposed of for the common benefit of the states, according to their respective proportions in the general charge and expenditures, and for no other purpose whatsoever.
{Federal Support of State Governments Cost of Doing Business, which is its job, to wit, to lawfully preform “the Owners” Public Business.
Said is, by “the preponderance of the evidence”, Operative Fact and Claimed in Support of the Affirmation of the Plaintiff’s Claim for Written Affirmation of Equal Equitable Earthly Sovereign Ownership of “America” as defined and confirmed by Our Federal Preamble-Constitution and Bill of Rights, inclusive of We, “the People”, {E pluribus Unum.}
3. That, in execution of these solemn compacts, the Congress of the United States did, under the Confederation, proceed to sell these lands, and put the avails into the common Treasury; and, under the new Constitution, did repeatedly pledge them for the payment of the public debt of the United States, by such pledge each state was expected to profit in proportion to the general charge to be made upon it for that object.
¶ # 50 These are the first principles of this whole subject, which, I think, cannot be contested by anyone who examines the proceedings of the revolutionary Congress, the succession of the several states, and the acts of Congress under the new Constitution.
¶ # 51 Keeping them deeply impressed upon the mind, let us proceed to examine how far the objects of the sessions have been completed, and see whether those compacts are not still obligatory upon the United States.
¶ # 52 The debt for which these lands were pledged by Congress may be considered as paid, and they are consequently released from that lien.
¶ # 53 But that pledge formed no part of the compacts with the states, or of the conditions upon which the cessions were made.
[Upon the unique consumer product made and sold from the “Soil” of said “cessions”. The specific consumer product invented, manufactured, inventoried, and sold, i.e., Title of Ownership to specific Patented “Soil” Bundled with its Use Rights defined within a particular Federal TRS Grid, {Township Range Section Grid}, a constructed Public Monument dedicated to “insure domestic Tranquility” and known as the Township Range Section Grids (TRS Grids are Federal Monuments dedicated to “*insure domestic Tranquility”, sold in fee simple, forever and by Federal Primary Disposal, which is inclusive of the Plaintiff’s 40 Acre Patent within 1south 19west of the Federal County of Walton within the Expressly Conditional Public Land State now in operation as the Paid Employee Government, of “the People” of Florida, and it’s Trustees et el.
Note this operative federal fact is conclusive of the Plaintiff’s Claim of Equal Equitable Earthly Sovereign Ownership, Liberties, Privileges, Rights, Powers, and Immunities, de facto by Form of Law, “American” Federal Law, the Supreme Law of the Land of the Free and the Home of the Brave; You & I; We, “the People”, Equal Owner of “America”. We are united by our common legal condition, We are the Citizens of “America”, and We are an Exclusive Online Community, the finite number of bonafide Individual Owners of “America”. We, “the People” are connected interactively by Our Common Social Imperative, “to form a more perfect union”, for Ourselves and Our posterity, right now, done by My Generation of “Americans” living right now, inclusive of the Plaintiff, E pluribus Unum. Just call me E.}
¶ # 54 It was a contract between new parties between the United States and their creditors.
(Our very own Paid Employee State Governments took the whole Treasure What about We, “the People” where is Our Shair of this treasure? We are the loyal, Tax paying, “Good Faith”, Citizens. We are the people who live here in “America”, an especially the people who in “Good Faith” purchased this unique Congressional Consumer Product of Patented “Soil” bundled with Federal Ownership Rights, and Powers, which is a finite group inclusive of the Petitioner). We, “the People” are “the Good Faith” Guarantors of “Americas” National Debt, yep We are the owners of that too.
Said, is Operative First Principal Federal Fact, claimed as authoritative and conclusive of claim. Motion for Summary Judgment, Grant, Lean, Leavie of Fine, and Order for Bounty Payment.
¶ # 55 Upon payment of the debt the compacts remain in full force, and the obligation of the United States to dispose of the land {by contract} for the common benefit, {Said Contract} is neither destroyed nor impaired.
Comment Added: As is evidenced by the express language of the Constitution of each state that it “Shall not destroy or impair Contracts” and the current Federal Constitution which promises by said compact to do the same and thus abide by the terms, conditions, and intent of these “Engagements”. Cite Article III ?
¶ # 56 As they cannot now be executed in that mode, the only legitimate question which can arise is, in what other way are these lands to be hereafter disposed of for the common benefit of the several states, "according to their respective and usual proportion in the general charge an expenditure?"
[Every six months. In cash.
Where is “the People”s Equal Equitable Share of the treasurer of Our Federal “Soil”?
And Why were We not Told of this before now
The United States, [Primary Party Two], the Government, the Defendant failed, it did not do all things necessary and proper to Inform the Beneficiary, We, “the People” of Our Common Legal Condition of Federal Ownership under the Supreme Law of the Land of the Free and the Home of the Brave, to wit, Our Preamble-Constitution and affirmed by Our Federal Bill of Ownership Rights and Powers, read #9 and 10.
Never Put, We, “the People” on Legal Notice of the Fundamental Conditions of Our individual Federal Life Estate of Ownership and Use Rights and Powers of this, Your Amazing Property, known around the World as “America”.
Individual Legal Dignity Education of certain Citizenship Obligations and Rights, with motivation and inspiration for We, “the People” to free choose to come into interactive compliance for common cause, “to form a more perfect union - for Ourselves and our Posterity.”
Legal Public Notice. So that We, “the People” would have been long started on this our common cause to journey, to first actively move to understand and then, Informed, ponder, to be or not to be, for me to freely choose to take this Birthright and interactively using Your Legal Legacy of Ownership, and by doing so each day this finite community of Owners strive “to form a more perfect union” “for Ourselves and Our posterity”, under the color of “American” Federal Law, the Supreme Law of the Land of the Free and the Home of the Brave, We, “the People”, you & I.
Public Notice to organize in trust, and each invest, to pay for implementing and manifesting our community effort to unite in the Birthright, our Ownership by interactive participation, “to form a more perfect union”. We strive “for ourselves and our posterity”, together Equal in the Legal Dignity of Social Station of “American” Ownership; to wit, Bonafide Personal Standing by Oath of Federal Claim, a personal cause of action manifest by Documented Nullification of his Immunity from suite. Which is an intentional due Process Nullification, Violation, and Trampling of the domestic Tranquility of the Owners Federal “Life Estate” of fundamental sovereign earthly ownership rights of “America”, lock, stock, and barrel.
¶ # 57 These cessions of Virginia, North Carolina, and Georgia, in express terms, and all the rest impliedly, not only provide thus specifically the proportion according to which each state shall profit {A Business Form under Federal Law] by the proceeds of the land sales, but they proceed to declare that they shall be "faithfully and bona fide disposed for that purpose, and for no other use or purpose whatsoever."
¶ # 58 This is the fundamental law of the land at this moment, growing out of the compacts which are older than the Constitution, and forming the cornerstone on which the union itself
{to wit, the Perpetual Union in Trust of We, the One People of the United States}
was erected.
[Into the current elaborate American Social Construct of Federal Law, (ASC).]comment.
¶ # 59 In the practice of government, the proceeds of the public lands have not been set apart as a special fund for the payment of the public debt, but have been, and are now, paid to the Treasury, where they constitute a part of the aggregate revenue, upon which the government draws as for its current expenditures, as for payment of the public debt.
¶ # 60 In this manner they have heretofore, and do now, lessen the general charge upon the people of the several states in the exact proportion stipulated in the compacts. [
Paid every six months] comment.
¶ # 61 These general charges have been composed not only of the public debt, and the usual expenditures attending the civil and military administration of the government, but of the amounts paid to the states with which these compacts were formed; the amount paid the Indians for their right of possession; the amounts paid for the purchase of Louisiana and Florida; and the amounts paid surveyors, registers, receivers, clerks, & c., employed in preparing for market, and selling, the western domain.
[In Accord with the PLSS.]comment
Comment Added: Note the admission of the commercial nature of the manufacture and primary disposal of these unique Congressional consumer products.
¶ # 62 From the origin of the land system {The Land Ordinance of 1785} down to the 30th,of September 1832, the amount expended for all these purposes has been about $49, 701,280.00 dollars, and the amount received from the sales, deducting payments on accounts of roads, &c., about $38,386,624.00 dollars.
¶ # 63 The revenue arising from the public lands, therefore, has not been sufficient to meet the general charges on the Treasury which have grown out of them, by about $11,314,656.00 dollars. [
{Infrastructure: cost to build the Federal Monuments manufactured and installed to insure domestic Tranquility, to wit, the Federal TRS Grids, like the Petitioner’s Federal Township of 1south 19west in the County of Walton of the Public Land State of Florida under an Expressly Conditional Congressional, PLSS Sublicense of “Statehood” on the 3rd day of March in 1845. See Exhibit #}
¶ # 64 Yet, in having been applied to lessen those charges, the conditions of the compacts have been thus far fulfilled, and each state has profited according to its usual proportion in the general charge an expenditure.
¶ # 65 The annual proceeds of land sales have increased, and the charges have diminished; So that, at a reduced price, those lands would now defray all current charges growing out of them and save the Treasury from further advances on their account.
¶ # 66 Their original intent and object, therefore, would be accomplished, as fully as it has hitherto been, by reducing the price, and, therefore as heretofore, bringing the proceeds into the Treasury.
¶ # 67 Indeed, as this is the only mode in which the objects of the original compact can be obtained, it may be considered, for all practical purposes, that it is one of their requirements.
[acknowledgment of Obligation Contracted as Inventor, Manufacturer, and Seller.] comment.
¶ # 68 The bill before me begins with an entire subversion of every one of the compacts by which the United States became possessed of their western domain and treats the subject as if they never had existence, and as if the United States were the original and unconditional owners of all the public lands.
¶ # 69 The first section dictates-
"That from and after the 31st day of December, 1832, there shall be allowed and paid to each of the states of Ohio, Indiana, Illinois, Alabama, Missouri, Mississippi, and Louisiana, over and above what each of the said states is entitled to by the terms of the compacts entered into between them, respectively upon their admission into the union, and the United States, the sum of twelve and a half per centum upon the net amount of the sales of the public land which, subsequent to the date aforesaid, shall be made within the several limits of said states; which said sum of twelve and a half per centum shall be applied to some object or objects of internal improvement, or education, within the said states, under the direction of their several legislatures."
¶ # 70 This twelve and a half per centum is to be taken out of the net proceeds of the land sales before any apportionment is made; and the same seven states which are first to receive this proportion, are also to receive their due proportion of the residue, according to the ratio of general distribution.
¶ # 71 Now, waiving all consideration of equity or policy in regards to this provision, what more need be said to demonstrate its objectionable character, then that it is in direct an undisguised violation of the pledge given by Congress to the states before a single secession was made; that it abrogates the condition upon which some of the states came into the union; and that it sets a naught the terms of succession spread upon the face of every grant under which the title to that portion of the public lands is held by the federal government?
¶ # 72 In the apportionment of the remaining seven-eighths of the proceeds, this bill, in a manner equally undisguised, violates the conditions upon which the United States acquired title to the seceded lands.
¶ # 73 Abandoning altogether the ratio of distribution according to the general charge and expenditure provided by the compacts, it adopts that of the federal representative population.
¶ # 74 Virginia, and the other states, which ceded their lands upon the express condition that they should receive a benefit from their sales in proportion to their part of the general charge, are, by the bill, allowed only a portion of seven-eighths of their proceeds, and that not to the proportion of the general charge and expenditures, but in ratio of their federal representative population.
¶ # 75 The Constitution of the United States did not delegate to Congress the power to abrogate these compacts.
¶ # 76 On the contrary, by declaring that nothing in it "shall be so construed as to prejudice any claims of the United States, or any of its particular states ", it virtually provides that these compacts, and the rights they secure, shall remain untouched by the legislative power, which shall only make all "needful rules and regulations for carrying them into effect."
[The Constitution cite]
¶ # 77 All beyond this would seem to be an assumption of undelegated power.
[Even a Criminal Act]
¶ # 78 These ancient compacts are invaluable monuments of an age of virtue, patriotism, and disinterestedness.
{Corruption}
¶ # 79 They exhibit the price that great states, which had one Liberty, were willing to pay for that union, without which, they plainly saw, it could not be preserved.
{These are Solemn and Foundational Compacts}
¶ # 80 It was not for territory or state power that our revolutionary fathers took up arms - it was for individual Liberty, and the right of self- government.
{as that is the only government you can trust}. This is proven by the Petitioners Facts.
¶ # 81 The expulsion from the continent of British armies and British power was to them a barren conquest, if, through the collisions of the redeemed states, the individual rights for which they fought should become the prey of petty military tyrants established at home.
¶ # 82 To avert such consequences and throw around "Liberty" the Shield of Union, states whose relative strength at the time gave them a per-pondering power, magnanimously sacrificed domains which would have made them the rival of empires, only stipulating that they should be disposed of for the common benefit of themselves and the other confederated states.
¶ # 83 This enlightened policy produced Union and has secured "Liberty".
¶ # 84 It has made our wastelands to swarm with a busy people and added many powerful states to our Confederation.
¶ # 85 As well for the fruits which these noble works of our ancestors have produced, as for the devoutness in which they originated, we should hesitate before we demolish them.
¶ # 86 But there are other principles asserted in the bill, which would have impelled me to withhold my signature, had I not seen it a violation of the compacts by which the United States acquired title to a large portion of the public lands.
¶ # 87 It reasserts the principle contained in the bill authorizing a subscription to the stock of the Maysville, Washington, Paris, and Lexington Turnpike Road Company, from which I was compelled to withhold my consent, for reasons contained in my message of the 27th of May 1830 to the House of Representatives.
¶ # 88 The leading principle then asserted was, that Congress possesses no constitutional power to appropriate any part of the monies of the United States for objects of a local character within the states.
¶ # 89 That principle, I cannot be mistaken in supposing, has received the unequivocal sanction of the American people, and all subsequent reflection has but satisfied me more thoroughly that the interest of our people, and the purity of our government, if not its existence, depends on its observance.
[No one person is above the Federal Law of Our American Social Construct.]
¶ # 90 The public lands are the common property of the United States, and the moneys arising from their sale are a part of the public revenue.
¶ # 91 This bill proposes to raise from, an appropriate a portion of, the public revenue to certain states, providing expressly that it shall "be applied to objects of internal improvement or education within these states," and then proceeds to appropriate the balance to all the states, with the declaration that it shall be applied "to such purposes as the legislatures of the said respective states shall deem proper. "
¶ # 92 The former appropriation is expressly for internal improvements or education, without qualification as to the kind of improvements, and therefore, in express violation of the principle maintained by my objections to the Turnpike Road Bill above referred to.
¶ # 93 The latter appropriation is more broad and gives the money to be applied to any local purpose whatsoever.
¶ # 94 It will not be denied that, under the provisions of the bill, a portion of the money might have been applied to making the very road to which the bill of 1830 had referenced, and must, of course, come within the scope of the same principle.
¶ # 95 If the money of the United States cannot be applied to local purposes through its own agents, as little can it be permitted to be thus expended through the agents of the state governments.
¶ # 96 It has been supposed that, with all the reductions in our revenues which could be speedily affected by Congress, without injury to the substantial interest of the country, there might be, for some years to come, a surplus of monies in the Treasury, and that there was, in principle, no objection to returning them to “the People” by whom they were paid.
¶ # 97 As the literal accomplishment of such an object is obviously impracticable, it was thought admissible, as the nearest approximation to it, to hand them over to the state governments, the more immediate representatives of “the People”, to be by them applied to the benefit of those to whom they properly belonged.
¶ # 98 The principle and the object was, to return to “the People” an unavoidable surplus of revenue which might have been paid by them under a system which could not at once be abandoned; but even this resource, which at one time seemed to be almost the only alternative to save the general government from grasping unlimited power over internal improvements, was suggested with doubts of its constitutionality.
¶ # 99 This bill assumes a new principle.
¶ # 100 Its object is not to return “the People” an unavoidable surplus of revenue paid in by them, but to create a surplus of distribution among the states.
{corruption}
¶ # 101 It seizes the entire proceeds of one source of revenue, and sets them apart as a surplus, making it necessary to raise the money for supporting the government, and meeting the general charges, from the other sources.
¶ # 102 It even throws the entire land system upon the customs for its support and makes the public lands a perpetual charge upon the Treasury.
¶ # 103 It does not return to “the People” monies accidentally or unavoidably paid by them to the government by which they are not wanted ; But compels “the People” to pay monies into the Treasury for the mirror purpose of creating a surplus for distribution to their state governments.
¶ # 104 If this principle be once admitted, it is not difficult to perceive to what consequences it may lead.
¶ # 105 Already this filled, by throwing the land system on the revenues of imports for support, virtually distributes among the states a part of those revenues.
¶ # 106 The proportion may be increased from time to time, without any departure from the principle now asserted, until the state government shall derive all of the funds necessary for their support from the Treasury of the United States.
¶ # 107 Or, if a sufficient supply should be obtained by some States and not by others, the deficient states might complain, and, to put an end to all further difficulty, Congress, without assuming any new principle, need go but one step further, and put the salaries of all of the state governors, judges and other officers with a significant sum for other expenses in their general appropriations bill.
¶ # 108 It appears to me that a more direct road to consolidation cannot be devised.
¶ # 109 Money is Power, and in that government, which pays all the public officers of the states, will all political power be substantially concentrated.
¶ # 110 The state governments, if governments they might be called, would lose all their independence and dignity.
[This is what is happening in the Petitioners case.]comment.
¶ # 111 The economy which now distinguishes them would be converted into a profusion, limited only by the extent of the supply.
¶ # 112 Being the dependence of the general government and looking to its Treasury as the source of all of their emoluments, the state officers, under whatever names they might pass, and by whatever forms their duties might be prescribed, would, in effect, be the mere stipendiaries and instruments of the central power.
¶ # 113 I am quite sure that the intelligent people of our several states will be satisfied, on a little reflection, that it is neither wise nor safe to release the members of their local legislatures from the responsibility of levying the taxes necessary to support their state governments, and vest it in Congress, over most of those members they have no control.
¶ # 114 They will not think it expedient that Congress shall be the tax gatherer and paymaster of all their state governments, thus amalgamating all of their officers into one mass of common interest and common feeling.
¶ # 115 It is too obvious that such a course would subvert our well-balanced system of government, and ultimately deprive us of all of the blessings now derived from our happy union.
¶ # 116 However willingly I might be that any unavoidable surplus in the Treasury should be returned to “the People” through their state governments, I cannot assent to the principle that a surplus may be created for the purpose of distribution.
{Like The Covid-19 Pandemic}
¶ # 117 Viewing this bill as, in effect, assuming the right not only to create a surplus for that purpose, but to divide the contents of the Treasury among the states without limitation, from whatever source they may be derived, and asserting the power to raise an appropriate money for the support of every state government and institution, as well as for making every local improvement, however trivial, I cannot give my assent.
¶ # 118 It is difficult to perceive what advantages would accrue to the old states or the new, from the system of distribution which this bill proposes, if it were otherwise unobjectionable.
¶ # 119 It requires no argument to prove, that if three millions of dollars a year, or any other sum, shall be taken out of the Treasury by this bill for distribution, it must be replaced by the same sum collected from “the People” through some other means.
[More TAXES, Fees, Licenses, Tags, Permits and Sales Taxes Paid by the Guarantor Petitioner Citizen et al. Owner Manager.org]
¶ # 120 The old states will receive annually a sum of money from the Treasury, but they will pay in a larger sum, together with the expenses of collection and distribution.
¶ # 121 It is only their proportion of the seven-eighths of the proceeds of the land sale which they are to receive, but they must pay their due proportion of the whole.
¶ # 122 Disguise it as we may, the build proposes to them a dead loss in the ratio of eight to seven, in addition to expenses and other incidental losses.
¶ # 123 This assertion is not the less true because it may not at first be palpable.
¶ # 124 Their receipts will be in large sums, but their payments in small ones.
¶ # 125 The governments of the states will receive seven dollars, for which “the People” of the states will pay eight dollars.
[Or MORE]
¶ # 126 The large sums received will be palpable to the senses; the small sums paid; it requires thought to identify.
¶ # 127 But a little consideration will satisfy “the People” that the effect is the same as if seven hundred were given them by the public Treasury, for which they were at the same time required to pay in taxes, direct or indirect, eight hundred dollars.
¶ # 128 I deceive myself greatly if the new states would find their interest promoted by such a system as this bill proposes.
¶ # 129 Their true policy consists in the rapid settling and improvement of the wastelands within their limits.
¶ # 130 As a means of hastening these events, they have long been looking to a reduction in the price of public lands upon the final payment of the national debt.
¶ # 131 The effect of the proposed system would be to prevent that reduction.
¶ # 132 It is true, the bill reserves to Congress the power to reduce the price, but the effect of its details, as now arranged, would probably be forever to prevent its exercise.
¶ # 133 With the just men who inhabit the new states, it is a sufficient reason to reject the system, that it is in violation of the fundamental laws of the Republic and its Constitution.
¶ # 134 But if it were a mere question of interest or expediency, they would still reject it.
¶ # 135 They would not sell their bright prospect of increasing wealth and growing power at such a price.
¶ # 136 They would not place a sum of money to be paid into their treasuries, in compensation with the settlement of their wastelands, and the increase of their population.
¶ # 137 They would not consider a small or large annual sum to be paid to their governments, and immediately expended, as an equivalent for that enduring wealth, which is composed of flocks and herbs, and cultivated [American Family] farms.
¶ # 138 No temptation will allure them from that object of abiding interest, the settlement of their wastelands, and the increase of a hardy race of free citizens, their glory in peace and their defence in war.
¶ # 139 On the whole, I adhere to the opinion expressed by me in my annual message of 1832, that it is our true policy that the public lands shall cease, as soon as is practicable, to be a source of revenue, except for the payments of those general charges which grow out of the acquisition of the lands -- their survey and sale.
¶ # 140 Although these expenses have not been met by the proceeds of sale heretofore, it is quite certain they will be hereafter, even after a considerable reduction in the price.
¶ # 141 By meeting in the Treasury so much of the general charge as arises from that source, they will hereafter, as they have been heretofore, be disposed of for the common benefit of the United States, according to the compacts of cession.
¶ # 142 I do not doubt that it is the real interest of each and all the states in the union, and particularly of the new states, that the price of these land shall be reduced and graduated; and that after they have been offered for a certain number of years, the refuge, remaining unsold, shall be abandoned to the states, and the machinery of our land system entirely withdrawn.
[But this is not the Reality! For “America” the Opposite is fact. Each Township is a Federal Monument to “*insure domestic Tranquility” within our American Social Construct of Federal Law.]
¶ # 143 It cannot be supposed the compact intended that the United States should retain forever a title to lands within the states, which are of no value; and no doubt is entertained that the general interest would be best promoted by surrendering such lands to the state.
[Said Act Would Breach the Contract and render the ability of Congress to enforce a contracted obligation “to do all things necessary and proper” to “*insure domestic Tranquility” for America.}
¶ # 144 This plan for disposing of the public lands impairs no principle, violates no compact, an deranges no system.
¶ # 145 Already has the price of those lands been reduced from two dollars per acre to one dollar and a quarter; an upon the will of Congress, it depends whether there shall be a future reduction.
¶ # 146 While the burdens of the cost are diminishing by the reduction of the duties upon imports, it seems but equal justice that the chief burden of the West should be lightened in an equal degree at least.
¶ # 147 It would be just to the old States and the new, consolidate every interest, disarm the subject of all of its dangers, and add another guarantee to the perpetuity of our happy union.
¶ # 148 Sensible, however, of the difficulties which surround this important subject, I can only add my regrets at finding myself again compelled to disagree with the legislative power, the sincere declaration that any plan would shall promote a final and satisfactory disposition of the question, and be compatible with the Constitution and public faith , shall have my Hardy concurrence.
Andrew Jackson. December 4th, 1833.
Accounting Statement respecting the revenue derived from the public lands, accompanying the President's message to the Senate December 4th, 1833, stating his reasons for not approving the land bill.
Statement of the amount of money which has been paid by the United States for the title to the public lands, including the payments made under the Louisiana and Florida treaties; the compact with Georgia; the settlement with the Yazoo claimants; the contracts with the Indian tribes; and the expenditures for compensation to commissioners, clerks, surveyors, and other officers, employed by the United States for the management and sale of the western domain; the gross amount of money received to the Treasury, as the proceeds of public lands, to the 30th of September, 1832; also, the net amount, after reducing 5%, extended on account of roads within, an leading to the western states, &c. and sums refunded on account of error in the entries of the public lands.
Payment on account of purchase of Louisiana:
Principle, $14,984,872.28
Interest on $ 8,529,353.43
$23,514,225.71
Payment on account of the purchase of Florida:
Principle, $4,985,599.82
Interest to 30th, September 1832, $1,489,768.66
$ 6,475,368.48
Payment of compact with Georgia $ 1,065,484,.06
Payment of the settlement with the Yazoo claimants, $ 1,830,808,.04
Payment of contracts with the several Indian tribes,
All expenses on account of Indians, $13,064,677.45
Payment of commissioners, clerks, and other officers,
employed by the United States for the management
and the sale of the western domain,
Amount of money received to the Treasury as the
proceeds of public lands to the 30th September 1832, $39,614,000.07
Deduct payments from Treasury on account of roads $ 1,227,375.94
$38,386,624.13
T. L. Smith, Reg.
Treasury Department
Registers Office March 1, 1833.
The Factual Finding, of the President of the United States, Expressed and Implied on December 4th, 1833, by his hand in a written “Message” To the Senate of the United States:
Original Spelling and Grammar, Unedited.
However, NOTE; some punctuation, and definitions have been added to this copy inclusive of the Plaintiff's comments as denoted by {parentheses} and change of text color and a change in text size.
¶ # 1. At the close of the last session of Congress, I received from that body a bill, entitled "An Act to appropriate for a limited time, the proceeds of the sale of the Public Lands of the United States, and for granting lands to certain states."
¶ # 2. The brief period then remaining before the rising of Congress, and the extreme pressures of official duties, unavoidable on such occasions, did not leave me sufficient time for all that full consideration of the subject, which was due to its Great Importance.
¶ # 3. Subsequent consideration and reflection have, however, confirmed the objection to the bill, which presents themselves to my mind upon its first perusal and have satisfied me that it ought not to become a law.
{perusal means; carefully reading and proffering a written express and implied opinion upon a document equally express and implied}
¶ # 4. I felt myself, therefore, constrained to withhold from it my approval, and now return it to the Senate, in which it originated, with the reasons on which my dissent is founded.
¶ # 5. I am fully sensible of the importance, as it respects both the harmony and union of the states, of making, as soon as circumstances will allow of it, a Proper and Final disposition of the whole subject of the public lands; any measure for that object, providing for the re-imbursement to the United States of those expenses with which they are justly chargeable, that may be consistent with my views of the (1) Constitution, (2) Sound {public} Policy, and (3) the Rights of the respective states, will readily receive My cooperation.
{AND On Behalf of the Beneficiary whose “Will” I am employed to lawfully Follow, to wit, “the People”, i.e., Primary Party One, the lawfully equal earthly sovereign owner managers of “America”, in Enterprise together, by their free interactive participation in the operation of our certain procedurally patented Process of “American” Self-Governance, a perpetual corporate Form expressed and implied as the business interest of a Union in Trust, which is composed of the finite number of the current Generation of the equal earthly sovereign owner managers of “America”, which is inclusive of the Plaintiff, today.}
¶ # 6 This bill, however, is not of that character.
¶ # 7 The arrangement it contemplates is not permanent but limited to five years only, and in its terms appears to anticipate alterations within that time at the discretion of Congress, and it furnishes no adequate security against those continued agitations of the subject {the Public Lands} which it should be the principal object of any measure for the disposition of the Public Lands to avert. {avoid}
¶ # 8 Neither the merits of the bill under consideration, nor the validity of the objections which I have felt it to be my duty to make to its passage, can be correctly anticipated without a full understanding of the manner in which the public lands, upon which it is intended to operate, were acquired, and the conditions upon which they are now held by the United States. {a business operation selling a consumer product which is defined in great detail inclusive of an express and implied warranty by the PLSS (Public Land Survey System}
¶ # 9 I will, therefore, proceed the statement of those objections by a brief but distinct exposition of these points.
¶ # 10 The “wastelands” {a metaphor, one of several, specifically referencing and legally defining "the Unappropriated Lands of the King of England George III"} within, {the said King’s domain and land holding east of the Mississippi River that is not procedurally appropriated to his 13 Colonies established along the eastern coastline of "America"} the United States constitutes one of the early obstacles to the organization of any government for the protection of their {the Established Coastal Colonie’s} common interest. {as a direct result of the on-going War for Independence, which began on April 19th, 1775, which was preceded by Our unanimous Declaration of Independence in Trust of “the One People”, published on July the 4th. 1776.}
To emphasize the importance of this sentence it is re-stated here without additional context. ¶ # 10 "The wastelands within the United States constitutes one of the early obstacles to the organization of any government for the protection of their common interest."
¶ # 11 In October 1777, while {the United States in} Congress {assembled} was framing the Articles of Confederation, a proposition was made to amend them, {to deal with the said issue of what do “We” do with the “Unappropriated Lands of the King?”} to the following effect, viz.
"It was however rejected, Maryland only voting for it: and so difficult did the subject appear, but the Patriots of that body agreed to waive it {leave it out entirely} in the Articles of Confederation and leave it for future settlement."
¶ # 12 On the submission of the Articles to the {13 Colonies, now referred to as the} “several states” legislatures for {state government only} ratification {as Primary Party One, "the People" "the popular sovereign" who were fighting and dying in the on-going war for Independence were summarily ignored and omitted from the process entirely} the most formidable objection was found to be in this subject of the “wastelands”.
¶ # 13 Maryland, Rhode Island, and New Jersey instructed their delegates in Congress to move amendments to them, providing that the waste or Crown-Lands {another metaphor for the Unappropriated Lands of the King} should be considered the common property of the United States;{i.e., the Public Lands of the Owner’s, to wit, “the People”} but they were rejected.
¶ # 14 All the states, except Maryland, acceded to the Articles of Confederation, notwithstanding some of them did so, with the reservation that their claim to those lands, as common property, was not there by, abandoned.
¶ # 15 On the sole ground that no declarations to that effect was contained in the Articles of Confederation, Maryland withheld her assent, and in May 1779,{the fourth year of the War for Independence} embodied her objections in “the Form of Instructions” to her delegates, which were entered upon the journals of Congress.
¶ # 16 The following extracts are from that document, viz.
"Is it possible that those states who are ambitiously grasping at territories to which, in our judgment, they have not the least shadow of exclusive right, will use, with greater moderation, the increase of wealth and power derived from those territories when acquired, then what they have displayed in their endeavors to acquire them? "&c. &c.
"We are convinced policy and justice require that a country unsettled at the commencement of this war, claimed by the British Crown, and succeeded to it by the Treaty of Paris, if wrestled from the common enemy by the blood and the treasure of the 13 states, should be considered as a common property, subject to be parceled out by Congress into free, convenient, an independent governments {i.e. 30 Expressly Conditional Public Land states} in such manner, and at such times, as the wisdom of that assembly {i.e. Congress} shall hereafter direct." &c. &c.
¶ # 17 Virginia preceded to open a Land Office for the sale of her western lands, {yet another metaphor for the Unappropriated Lands of the King} which produced such excitement as to induce Congress, in October 1779, {the fourth year of the War for Independence} to interpose, an earnestly recommend to "the said state, and all states similarly circumstanced, to forbear settling or issuing warrants {I.E., SELLING THE PUBLIC LAND} for such unappropriated lands or granting the same during the continuance of the present war."
¶ # 18 In March 1780, {the fifth year of the War for Independence} the legislature of New York passed an act tendering cession to “the United States” of the claims of that state to the western territories, {yet another metaphor for the Unappropriated Lands of the King} preceded by a Preamble to the following effect, viz.
"Whereas, nothing under the Divine Providence can more effectually contribute to the tranquility and safety of the United States of America then can a federal alliance on such liberal principles as would give satisfaction to its respective members; and whereas the Articles of Confederation and the Perpetual Union recommended by the honorable Congress of the United States of America have not approved acceptable to all the states, in having been conceived that a portion of the waste and uncultivated Territory, {yet another metaphor for the Unappropriated Lands of the King} within the limits or claims of certain states ought to be appropriated as a common fund {a source of income, revenue, money} for the expenses of the war; and “the People” of the state of New York being on all occasions disposed to manifest their regard for their sister states, and their earnest desire to promote the general interest and security, and more especially to accelerate the federal alliance, by removing, as far as it depends on them, the beforementioned implement {obstacle, hindrance, problem} to its final accomplishment." &c.
¶ # 19 This act of New York, the instructions of Maryland, and a remonstrance {A formal request that something which it is in contemplation to perform shall not be done} of Virginia, were referred to a Committee of Congress, who reported a preamble and resolutions there on, which were adopted on the 6th of September 1780; {the fifth year of the War for Independence} so much of which, as is necessary to elucidate the subject, is to the following effect, viz.
"That it appears advisable to press upon those states which can be removed the embarrassments respecting the western country, {yet another metaphor for the Unappropriated Lands of the King} a liberal surrender of a portion of their territorial claims, since they cannot be preserved entire without endangering the stability of the general confederacy; to remind them how indispensably necessary it is to establish the federal union on a fixed and permanent basis, and on principles acceptable to all its respective members; how essential to public credit and confidence, to the support of our army, to the vigor of our councils, and success of our measures, to our tranquility at home, our reputation abroad, our very existence as a free, sovereign, and independent People; that they are fully persuaded the wisdom of the several legislatures will lead them to a full and impartial consideration of a subject so interesting to “the United States”, and so necessary to the happy establishment of “the federal union”, that they are confirmed in these expectations by a review of the before mentioned act of the legislature of New York, submitted to their consideration." &c.
"Resolved, that copies of the several papers referred to the committee be transmitted, with a copy of the report, to the legislatures of the several states; and that it be earnestly recommended to those states who have claims to the western country, {yet another metaphor for the Unappropriated Lands of the King} to pass such laws, and give their delegates in Congress such powers, as may effectively remove the only obstacle to a final ratification of the Articles of the Confederation; and that the legislature of Maryland be earnestly requested to authorize their delegates in Congress to subscribe to said Articles."
¶ # 20 Following up this {proposed national} Policy, Congress preceded, on the 10th of October 1780, {the fifth year of the War for Independence} to pass a resolution pledging the United States to the several states as to the manner in which any lands that might be ceded by them should be disposed of,… {Thus, the said "Founders Congress Assembled" sets about “the People’s” work of “interactive participation”, in this case, “invention of a process to provide solution”, and “to do all things necessary and proper” to enterprise a benefit to “the People”, who embody, thus form, and impower this United States by the design, production, inventory, to wit, all of the effort to undertake the sale of an open market consumer product, to wit, “U.S. Government Patented “Soil” Ownership Use Rights” Lawfully, Specifically, and Permanently Located, sold in fee simple, forever, as warranted by our “American” Municipally Decreed Ordinance, de-facto. Said product would achieve a long river of large sums of cash flow, regular revenue! To the Profit of the Equitable Owners, the Beneficiaries, you and I, We, “the People” of the several states. Said product is, specifically Surveyed, Inventoried, Mapped, Published, Archived and Monumented by a Governmental System of Townships composed of a Grid of Sections. Said Grid of Sections are located in rows and columns by a Range Grid Center point. Said Center Point and all lines are Forever Set, Permanent, and Perpetual in Law. Thus, a Public Land State is defined as a specifically located land mass of “Soil” use Rights for Benefit to “the General Welfare” of both the People’s assembly of their state governments and to “the People” themselves, “to insure domestic Tranquility” of both and As a Direct Investment in the Success of Our “American” Social Construct of “American” Municipal Law. Thus, said consumer product is procedurally patented by law, and is bundled with a Perpetual Warranty, de facto; U.S. Government Patented and Warranted “Soil” Ownership and Use Rights. Much Like the Patent of Federal “Soil” Use Rights the Plaintiff purchased in lawful “Good Faith” in 1991}
…the material parts of which are as follows, viz.
"Resolved, that the unappropriated lands which may be ceded or relinquished to “the United States” by any particular state, pursuant to the recommendation of Congress by the 6th day of September last, shall be disposed of for the common benefit of the United States, {note this mean the State governments get the proceeds not "the People"} and be settled and formed in two distinct republican states; which shall become members of the federal union, and have the same rights of sovereignty, freedom and independence, as the other states." &c.&c.
"That the said lands shall be granted or settled at such times, and under such regulations, as shall heretofore be agreed on by the United States in Congress Assembled, or nine or more of them."
¶ # 21 In February 1781, {the sixth year of the War for Independence} the legislature of Maryland passed an act authorizing their delegates in Congress to sign the Articles of Confederation.
¶ # 22 The following are extracts from the preamble in body of the Act, viz.
"Whereas it hath been said that the common enemy {the King of England, His Army, His Navy and His Parliament} is encouraged, by this state not exceeding to the Confederation, to hope that the union of the {People who constitute and manifest the} sister states may be dissolved, and therefore prosecutes the war {for the Evolution of “the Peoples” Self-Governance of “America”} in expectation of an event so disgraceful to America; and our friends and illustrious ally are impressed with an idea that the common cause {of “the People”} would be promoted by our formally acceding to the Confederation." &c.
¶ # 23 The act of which, this is, the preamble, authorizes the delegates of that state to sign the Articles, and proceeds to Declare,
"That, by acceding to the said Confederation, this state does not relinquish, nor intend to relinquish, any right or interest she hath, with the other united or confederated states, to the back country." {yet another metaphor for the Unappropriated Lands of the King} &c.
¶ # 24 On the 1st of March 1781, the delegates of Maryland signed the Articles of Confederation, and the federal union {of We, “the People”, the Owners, de facto}, under that compact, was complete.
¶ # 25 The conflicting claims to the western lands, {yet another metaphor for the Unappropriated Lands of the King} however, were not disposed of, and continued to give great trouble to Congress.
¶ # 26 Repeated and urgent calls were made by Congress, upon the states claiming them, to make liberal cessions to the United States, and it was not until long after the present Constitution was Formed, that the grants were completed.
¶ # 27 The deed of cession from New York was executed on the 1st of March 1781, {the sixth year of the War for Independence}, the day the Articles of Confederation were ratified; and it was accepted by Congress on the 29th day of October 1782.
¶ # 28 One of the conditions of this cession, thus tendered and accepted, was, that the land ceded to the United States "shall be, and enure* { Black's Law Dictionary: " To operate or take effect. To serve to the use, benefit, or advantage of a person ".} for the use and benefit of such of the United States as shall become members of the federal alliance of the said states, and not for other use or purpose whatsoever." {Said Operative Federal Facts of Law, are Claimed; noting that the education of "the People" concerning their Equal Collective corporate Rights, Powers, and interactive "Role" and social station are omitted and expressly prohibited}
¶ # 29 The Virginia deed of cession was executed and accepted on the first day of March 1784: {six months after the end of the War for Independence} one of the conditions of this cession is as follows, viz.
"That all the lands within the territory, {yet another metaphor for the Unappropriated Lands of the King}, as ceded to the United States, and not reserved for, or appropriated to, any of the before mentioned purposes, or disposal of in bounties to the officers and soldiers of the American army, shall be considered as a common fund for the use and benefit of such of the United States has, have become, or shall become, members of the Confederation or federal alliance of the said states, Virginia inclusive, according to their usual respective proportions in the general charge and expenditure and shall be fatefully and bona fide disposal for that purpose, and for no other use or purpose whatsoever."
{Note. The origin and intent of the 1st Land Ordinance of 1785 and all subsequent additions and improvements in 1786 and 1787 under the Article of Confederation}
¶ # 30 Within the years 1785, 1786, and 1787, Massachusetts, Connecticut, in South Carolina ceded their claims upon similar conditions.
{Note. The Institution of, the Perpetual Union of the United States, is now a Fact, in the Laws of the United States and so claimed by the Plaintiff.}
However, the Plaintiff asserts that it would be much more forthright and legally factual to express said “American” Institution as “the Perpetual Union of “the People” of the United States” based upon the preponderance of the evidence. And more specifically the express and implied terms and conditions defined by our Organic, Unanimous, and Multipurposed Declaration of Independence, specifically the salutations on the last page. Said salutations, in pertinent part states, “We, therefore, the Representatives of the United States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by the Authority of the good People of these Colonies, solemnly publish and declare,… That these United Colonies are, and of Right ought to be Free and Independent… And for the support of this Declaration, {Note the acknowledgement of a trnsactional agreement in trust under the express and implied Indentured relationship between Primary Party One "the People" and Primary party two the indentured servant government terms and conditions-we, [i.e., “the One People” see pg. 1 of this Declaration] mutually pledge to each other Our Lives, Our Fortunes and Our sacred Honor.”
{Note the acknowledgement that this Declaration is “Solemnly Published”, thus expressed and implied as de facto “American” Federal Law and this Declaration simultaneously defines a “Transaction” and records an Exchange, expressed and implied by a Public Offer and its “Unanimous” Public Acceptance}
Thus, by this Declarations de facto Form as “American” Organic Law and within the text and confines of this multipurpose Declaration, said expresses and implies a lawful Trust is Formed and that the Representatives of the United States of America, in General Congress, Assembled have excepted the “Role” of “the Indentured servant Government” defined within its expressed and implied text and the fiduciary obligations of Trustee, to wit, the Official and Authoritative ”Role” of [Primary Party Two], the Defendant.
Thus, said [Primary Party Two] has Publicly Published an Offer of express and implied “services” to [Primary Party One] “the People”, the earthly sovereign source of All Legal Authority and Political Power, the Owners of the Disputed Land of the Free and the Home of the Brave, the Good People of these Colonies, i.e., “the One People”.
Additionally, according to the Solemnly signed and Publicly Published Declaration said Good People have Accepted, unanimously.
This Declaration, is Publicly Enshrined and the text of long vested terms and conditions have been expressed and implied and affirmed by Public Acquiescence, this Dye is Cast, this “legal condition” is a procedurally patented precedent and Claimed as Operative Federal Fact by the inclusion of this Declaration into the Supreme Law of the Land of the Free and the Home of the Brave, of We, “the People”, inclusive of the Plaintiff, at Article # Section # of said Supreme Federal Law, to wit, Our Preamble-Constitution and Our Bill of Rights, as “American” Citizens, inclusive of the Plaintiff.
Primary Party Two, expressly implies by its own hand, to be “the Government Body” defined within this Declaration, who is acting by majority vote to specifically invoke the Name of the Earthly sovereign source of All Law and Political Power in “America”, the Owners, [Primary Party One], We, “the People”, inclusive of the Plaintiff and stand upon the Authority of [Primary Party One], the earthly sovereign Owners of, the Disputed Land of the Free and the Home of the Brave, the Good People of these Colonies. Both Parties, “Knowing” and being fully informed that the 1st Principle of “America” is non-discretionary and by this precedent simply requires the interactive “Role” of “the People” to be lawfully and procedurally performed, documented, and certified in compliance with this lawful standard “to do all things necessary and proper”.
General Notice to Each “American” Citizen.
You and I are the equal earthly sovereign owners and managers of "America" we are the intended and acknowledged source of All Legal Authority and Political Power in “America”, under our documented Form of organic common and municipal “American” Law.”
Said is de facto.
Non-discretional, Foundational, Bed Rock, Authority, and inclusive of the Plaintiff today, and is claimed as Operative Fact in support of the Affirmation of the Plaintiff’s Claim.
Additionally, as a direct result of this “American” “Legal Condition”, the King of England surrendered to these express and implied terms and conditions, of “American” Independence.
Thus, by his hand, with his express and implied, Treaty of Paris 1783, he Affirmed the 1st Principle of “America” is, “the People” are the earthly owner and sovereign source of All Legal Authority and Political Power in and under the organic common and Municipal Law and Ordinance of “America” Law” expressed and implied by this multipurposed Declaration’s text and Form, which is in full compliance with, Global International Law. Operative fact claimed.
¶ # 31 The {New} federal government went into operation, under the existing Constitution, on the 4th of March 1789 the following is the only provision of that Constitution which has a direct bearing on the subject of the public lands, vis.
{note that this time period is about 9 months long. the average development cycle of human birth, into this “legal condition” of individual independence, to freely chose to move about and make a difference, right now! Each second from now on, during your Generational Time as an “American” Citizen, Ownership Liberties, Privileges, Rights, Powers and Immunities, this valuable treasure is your Birthright to claim, take possession of so that you can interactively use it, for yourself and your posterity. This “Legal Condition” is Your Life Estate of Ownership of the Uniquely Elaborate Property defined as “America”.
This “legal condition” is your “American” Social Station, your place in the Grand Design, of this, Our Elaborate “American” Social Construct of Federal Law.
Our “American” Federal Law is the key to Our defined “American Language of Sovereignty”.
Which is very powerful and can only be spoken by We, “the People” in certified consensus of the finite number of Our Exclusive Community. Together we, inclusive of the Plaintiff, can discover how to talk to each other and work together as the Owners of Our Amazing Institution of “America”.
We do this not because it is easy to change, but because it is hard at first, “to Form a more perfect union” “for ourselves and our posterity”. Note that this is not politics, this is the next level of Our hierarchical “American” Social Construct of Federal law, study the Stepped Pyramid on the backside of every one-dollar bill, there are 13 steps, and the base is the date of our Declaration of Independence, and that is our eye focused on the business of “America” to from a more perfect union” for ourselves and for our posterity.}
"The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States, and nothing in this Constitution shall be so construed as to prejudice any claim of the United States, or any particular state.”
{or any particular Citizen, inclusive of the Plaintiff. Operative Federal fact is claimed.}
¶ # 32 Thus, the Constitution left all the compacts before made in full force, and the rights of all parties remained the same under the new government as they were under the Confederation.
{Article VI - Prior Debts, National Supremacy, Oaths of Office)
1: All Debts contracted, and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.
{a governmental Warranty is a Form of Legal Debt, Obligation, and Duty in this claim}
¶ # 33 The deed of cession of North Carolina was executed in December, of 1789 {Six years after the end of the War for Independence} and accepted by an act of Congress, approved April 2nd, 1790, the third condition of this cession was in the following words, VIZ.
"That all the lands intended to be ceded by virtue of this act to the United States of America, and not appropriated as beforementioned, shall be considered as a common fund for the use and the benefit of the United States of America , North Carolina inclusive, according to their respective and usual proportions of the general charge and expenditure, and shall be faithfully disposed of for that purpose, and for no other use or purpose whatsoever. "
{It is not at first obvious what Congress and these Public State Governments are doing. However, it becomes clear in the “Accounting Section of this Presidential Finding of Facts”.
The revenue, income, profit and “good will”; derived from the sale and warranty of the said “consumer product” i.e., “Specifically Patented “Soil” Use Rights, sold forever, in fee simple”, is paid proportionally to these Public State Governments under the business form of “general charge and expenditure”, i.e., the Cost of Doing Business Locally, is rendered payable.
G&A [General & Administrative] expenses are a large portion of the total operating expenses for any Institutional Business Form, impacting the bottom line without being associated with a specific department or function within the Institutional Business.
Thus, the Presidential finding & Public Pronouncement of Calvin Coolidge, “the business of America is business” is factually and literally accurate by “America’s” Form as documented under our “American” Federal Law, as such said is claimed as support for the Affirmation of the Plaintiff’s Federal Claim.
¶ # 34 The cession of Georgia was completed on the 16th day of June, 1802, {occurring 16 months before the implementation of the said Present Constitution} and in its leading condition is precisely like that of Virginia and North Carolina.
¶ # 35 This grant completed the title of “the United States” to all those lands generally called public lands, lying within the original limits of the Confederacy.
{Note: “the United States” as the Perpetual Union of the One People, in Congress Assembled. said Operative Fact is claimed as support for the Affirmation of the Plaintiff’s Federal Claim.}
¶ # 36 Those which have been acquired by the purchase of Louisiana and Florida, have been paid for out of the common treasure of the United States, and are as such the property of the general government, to be disposed of for the common benefit, as those ceded by “the several states”.
{the several states are embodied by, We, “the People”, thus made manifest by We, “the People”, of the several states and by We, “the People”, as a singular national entirety.
Cite Article XIV (Amendment 14 - Rights Guaranteed: Privileges and Immunities of Citizenship, Due Process, and Equal Protection)
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned.
¶ # 37 By the facts here collected from the early history of our Republic, it appears that the subject of the public lands entered into the elements of its institutions.
Comment added {Fundamental Contractual Rights have long been vested to consumers based on these compacts/contracts between the member states of the United States Founders in Congress Assembled and the consumers who purchased these unique “Private Land Claim” products with their hard-earned cash, forming bonds as strong as can be invented between Primary Party One and Primary Party Two, by the faith of the Citizens in this pledge and promise made express and implied by Federal Patent Form, a Contract express and implied by [Primary Party Two] the United States, the Government, the Defendant, to “insure domestic Tranquility*.” Thus, Article 1, Section 10, Clause 1 (the Contract Clause) of the Constitution imposes certain prohibitions on the states and obligations on Congress to fulfill its contracted and published promise of permanent corners and boundary lines made and monumented with “the Peoples funds”, from “the Peoples” “Soil” to Insure Domestic Tranquility" of consumers like the Petitioner.} This is Particularly true in the expressly conditional Public Land State of Florida. Because of its origin as a Spanish Slave State, acquired thru the Adams-Onis Treaty of Congress, as public lands, subjected to the PLSS Process, and Florida's acceptance of Congress's expressly conditional sublicense of statehood, expressly and implicitly forbidding Florida's legislature, its counties, and Florida's courts from "interference" with the primary disposal of Congress's unique consumer products; to wit, U.S. Patented Private Land Claims to specifically located “Soil” Bundled with its Ownership Use Rights purchased “in fee simple, forever” like the Petitioners. See this Exhibit}
{Therefore, the filing, the restraining order, and the injunction are all illegal in the Petitioners case # 2005 CA 000312 as he legal condition includes Constitutional Immunity thus, the judgement of 2009 is void for lack of original federal jurisdiction concerning the subject matter of Federal Survey Law, as well as illegal and a violation the Petitioners Constitutional Right of Immunity, as the Petitioner is an Owner Manager who has formally claimed his Birthright.
August 3rd, 2005 documents the state employee governments direct interference, malfeasance of public trust, and authorization granted under the color of law for the intentional damage, destruction, and public desecration of Federal Monuments dedicated to “insure domestic Tranquility*”.}
¶ # 38 It was only upon the condition that those lands should be considered as common property, to be disposed of for the benefit of the United States, that some of the states agreed to come into a Perpetual Union.
{of We, “the People”, the de facto Owners of “America”.}
¶ # 39 The states claiming those lands are ceded to those views, and transferred their claims to the United States, upon certain specific conditions and on those conditions {became legally binding when} the grants were accepted.
{Judicial Notice is respectfully requested of these authoritative operative facts that together affirms the Petitioner Claim and His Cause of Action under USCode Title 18 Section 242. “Whoever, under the color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any state, territory, commonwealth, possession, or district to the deprivation of any rights, privileges, or immunity secure or protected by the Constitution or Laws of the United States, shall be fined under this title or imprison not more than one year, or both}
¶ # 40 These solemn compacts, invited, by Congress, in a resolution declaring the purpose to which the proceeds of these land should be applied, originating before the Constitution, and Forming the Basis on which it was made, bound the United States {and the states, the states agents, and the states assigns} to a particular course of Policy in relation to them, by ties as strong as can be invented to secure the faith of the nation.
{And the Faith of the Plaintiff, in the validity, honesty, and enforceability of Our “American” Federal Law itself. In Florida’s Courts, it is not worth the paper it is printed upon! Review exhibit 13. Or is this just an elaborate national political scam? Are We, “the People”, inclusive of the Plaintiff, the Owners of “America”, i.e., Primary Party One, or not?}
¶ # 41 As early as May 1785 Congress, in execution of these compacts, passed an Ordinance providing for the sale of lands in the western territory and, directing the proceeds to be paid to the Treasury of the United States.
{Note the systemic design of the procedurally patented Process of “Our Enterprise of Self-Governance” mandates this Direct Investment in the Success and Fulfillment of Our “American” Social Construct of Federal Law, in fact it is a benefit to Ourselves and Our Posterity}
¶ # 42 With this same object, other Ordinances were adopted prior to the organization of the present government.
¶ # 43 In further execution of these compacts, the Congress of the United States, under the present Constitution, as early as the 4th of August 1790 in an Act making provision for the debt of the United States, enacted as follows, viz.
"That the proceeds of the sale which shall be made of the lands in the western territory, now belonging, or that may hereafter belong, to the United States, shall be, and are hereby, appropriated towards shrinking or discharging the debts for the payments whereof the United States now are, or by virtue of this Act may be holden, and shall be applied solely to that use until the said debt shall be fully satisfied."
Comment Added: (Which is never because the Union of “America” is “Perpetual” as are the patented PLSS contracted obligations specifically defined by the Federal “Manual of Surveying Instructions for the Survey of the Public Lands of the United States and Private Land Claims”, is also “Perpetual”. Said “Manual” has been selected by scholars as being culturally important thus, is part of the knowledge base of civilization as We “the People” know it. The Petitioner concurs that this work is important enough to be preserved, reproduced, and made generally available to the public. The Plaintiff invokes Judicial Notice, of this operative Federal Fact and it is offered in support for the Courts acceptance of the merit, and the necessity, of this case to be affirmed as solid ground for Preemption and Punitive Damages as a direct result the Defendants Infringement of Our Express Social Imperative “to do all things necessary and proper” to “insure domestic Tranquility” “ to establish {“American” Federal} Justice” and “to from a more perfect union”, “ Perpetually” for the benefit of each bonafide member of every Generation of the finite number of We “the People”.
¶ # 44 To secure to the government of the United States, forever, the power to execute these compacts in good faith, the Congress of the Confederation, as early as July 13th, 1787, in an Ordinance for the government of the territories of the United States northwest of the river Ohio, prescribed to “the People” inhabiting the western territory certain conditions, which were declared to be "Articles of Compact" between the original States and “the People” and the states of said territory, which should forever remain unalterable unless by common consent." {The Common Consent of the Two Primary Parties}.
¶ # 45 In one of these Articles it is declared that-
"The legislatures of those districts, or new states, shall never interfere with the primary disposal of the “Soil” by the United States in Congress as Assembled, nor with any regulations Congress may find necessary for securing the title of such “Soil to the bona fide purchasers."
{Here is Federal recognition of the “necessary and proper” need, by its acknowledgment of the express and implied Congressional Obligation of long-term state Oversight. As the issue of securing possession of the specific location, size, shape, and quantity of the “Soil” is not expressed, however, this “step in the federal process” is legally implied and legally clear by the “intent of the federal process” and unambiguous with “the stated goal of the federal process”, “to insure domestic Tranquility”, and demonstrate the “Rule” and the Supremacy of “American” Federal Law, to wit, Consistent Lawful Leadership.}
¶ # 46 This {“legal”} condition has been extracted from “the People” {Primary Party One} of all the new territories, and, to put [its] {Federal acknowledgement that “the People” individually embody the state and manifest the state, thus, the state is a separate legal entity, and both [Primary Party One] and the state have separate but common} obligation beyond dispute, {Thus, [Primary Party One] and} each new state, carved out of the public domain has been required explicitly to recognize it {this “legal condition” and Lawful Requirement} as one of the conditions of admission into the union.
¶ # 47 Some of them {the state governments} have declared through their conventions, in separate acts, that “their people” forever disclaim all right and title to the waste and un-appropriated lands lying within this state, and that the same shall be and remain at the soul and entire disposition of the United States.
¶ # 48 With such care have the United States reserved to themselves, in all their acts down to this day, in legislating for the territories, and admitting states into the union, the unshackled power to execute, in good faith, the compacts of cession made with the original states.
¶ # 49 From these facts and proceedings, it plainly and certainly results:
1. That one of the Fundamental Principles on which the Confederation of the United States was originally based, was, that “the wasteland” of the West within their limits should be the common property of the United States.
{Thus, Primary Party Two, “the United States”, the Government, the Defendant’s “legal condition” is Fiduciary Duty, Holding Title while at all times Acting as Trustee for the Beneficiary, the Equitable Owner of “America” is originally, organically, unanimously expressed and implied in written From as Public Declaration of a Perpetual Trust and Union of “the One People”, Primary Party One, inclusive of the Plaintiff. Proof, this Operative Federal Fact is.
As is Affirmed by one original Founder, “publicly opining”, and standing as the 1st Justice of Supreme Court, John Jay defined certain operative Federal Facts thus, Bed Rock Federal Law, which is the Language of Sovereignty. Said is the Language that We, the People of this Generation, inclusive of the Plaintiff, should freely choose to discover and learn, to artfully express and imply.
Said is our individual “American” hierarchal Social Station Role, Your, common “legal condition”, is such throughout Your, “Life Estate”, to freely claim and live in service to the interactive protection, support, and defense of this Birthright of “Foundational Authority” engraved as “American” Federal Law, by John Jay’s hand within the text of Chisholm v. Georgia, i.e., We, “the People” Own “America”, lock, stock, and barrel under and by Our Federally defined “legal condition”. To wit, The federal Survivorship Right to stand and freely claim ownership of an Equal Life Estate of Earthly Joint Tenant Sovereign Authority, Power, and Immunity.
This is indeed a Treasure of Wealth and Authority, not a trifle, a trinket nor a toy, but a set of uniquely sharp and precision tools, to freely take possession of, and learn to interactively use, “to “Form” a more Union”, together linked by law, by our social media, through our internet, with our personal devices thus, interactively playing said “Role” on the Public Stage of the World, to the best of our individually flawed and imperfect abilities and skills, but We, “the People” undertake this Amazing Opportunity for the improvement of Ourselves and for Our Posterity, Perpetually We strive within this Enterprise of procedurally patented Process, the Due Process of “American” Self-Governance, following its expressed and implied Public Form, that of a Union in Trust of the exclusive membership of the finite number of the current Generation of We, “the People”, Primary Party One, the Owners and Managers in Possession of “America”, right now, which is inclusive of the Plaintiff. E pluribus Unum, of many, as one, our “American” Moto.
2. That those lands were ceded to the United States by the states which claimed them, and the cessions, were accepted on the express condition that they should be disposed of for the common benefit of the states, according to their respective proportions in the general charge and expenditures, and for no other purpose whatsoever.
{Federal Support of State Governments Cost of Doing Business, which is its job, to wit, to lawfully preform “the Owners” Public Business.
Said is, by “the preponderance of the evidence”, Operative Fact and Claimed in Support of the Affirmation of the Plaintiff’s Claim for Written Affirmation of Equal Equitable Earthly Sovereign Ownership of “America” as defined and confirmed by Our Federal Preamble-Constitution and Bill of Rights, inclusive of We, “the People”, {E pluribus Unum.}
3. That, in execution of these solemn compacts, the Congress of the United States did, under the Confederation, proceed to sell these lands, and put the avails into the common Treasury; and, under the new Constitution, did repeatedly pledge them for the payment of the public debt of the United States, by such pledge each state was expected to profit in proportion to the general charge to be made upon it for that object.
¶ # 50 These are the first principles of this whole subject, which, I think, cannot be contested by anyone who examines the proceedings of the revolutionary Congress, the succession of the several states, and the acts of Congress under the new Constitution.
¶ # 51 Keeping them deeply impressed upon the mind, let us proceed to examine how far the objects of the sessions have been completed, and see whether those compacts are not still obligatory upon the United States.
¶ # 52 The debt for which these lands were pledged by Congress may be considered as paid, and they are consequently released from that lien.
¶ # 53 But that pledge formed no part of the compacts with the states, or of the conditions upon which the cessions were made.
[Upon the unique consumer product made and sold from the “Soil” of said “cessions”. The specific consumer product invented, manufactured, inventoried, and sold, i.e., Title of Ownership to specific Patented “Soil” Bundled with its Use Rights defined within a particular Federal TRS Grid, {Township Range Section Grid}, a constructed Public Monument dedicated to “insure domestic Tranquility” and known as the Township Range Section Grids (TRS Grids are Federal Monuments dedicated to “*insure domestic Tranquility”, sold in fee simple, forever and by Federal Primary Disposal, which is inclusive of the Plaintiff’s 40 Acre Patent within 1south 19west of the Federal County of Walton within the Expressly Conditional Public Land State now in operation as the Paid Employee Government, of “the People” of Florida, and it’s Trustees et el.
Note this operative federal fact is conclusive of the Plaintiff’s Claim of Equal Equitable Earthly Sovereign Ownership, Liberties, Privileges, Rights, Powers, and Immunities, de facto by Form of Law, “American” Federal Law, the Supreme Law of the Land of the Free and the Home of the Brave; You & I; We, “the People”, Equal Owner of “America”. We are united by our common legal condition, We are the Citizens of “America”, and We are an Exclusive Online Community, the finite number of bonafide Individual Owners of “America”. We, “the People” are connected interactively by Our Common Social Imperative, “to form a more perfect union”, for Ourselves and Our posterity, right now, done by My Generation of “Americans” living right now, inclusive of the Plaintiff, E pluribus Unum. Just call me E.}
¶ # 54 It was a contract between new parties between the United States and their creditors.
(Our very own Paid Employee State Governments took the whole Treasure What about We, “the People” where is Our Shair of this treasure? We are the loyal, Tax paying, “Good Faith”, Citizens. We are the people who live here in “America”, an especially the people who in “Good Faith” purchased this unique Congressional Consumer Product of Patented “Soil” bundled with Federal Ownership Rights, and Powers, which is a finite group inclusive of the Petitioner). We, “the People” are “the Good Faith” Guarantors of “Americas” National Debt, yep We are the owners of that too.
Said, is Operative First Principal Federal Fact, claimed as authoritative and conclusive of claim. Motion for Summary Judgment, Grant, Lean, Leavie of Fine, and Order for Bounty Payment.
¶ # 55 Upon payment of the debt the compacts remain in full force, and the obligation of the United States to dispose of the land {by contract} for the common benefit, {Said Contract} is neither destroyed nor impaired.
Comment Added: As is evidenced by the express language of the Constitution of each state that it “Shall not destroy or impair Contracts” and the current Federal Constitution which promises by said compact to do the same and thus abide by the terms, conditions, and intent of these “Engagements”. Cite Article III ?
¶ # 56 As they cannot now be executed in that mode, the only legitimate question which can arise is, in what other way are these lands to be hereafter disposed of for the common benefit of the several states, "according to their respective and usual proportion in the general charge an expenditure?"
[Every six months. In cash.
Where is “the People”s Equal Equitable Share of the treasurer of Our Federal “Soil”?
And Why were We not Told of this before now
The United States, [Primary Party Two], the Government, the Defendant failed, it did not do all things necessary and proper to Inform the Beneficiary, We, “the People” of Our Common Legal Condition of Federal Ownership under the Supreme Law of the Land of the Free and the Home of the Brave, to wit, Our Preamble-Constitution and affirmed by Our Federal Bill of Ownership Rights and Powers, read #9 and 10.
Never Put, We, “the People” on Legal Notice of the Fundamental Conditions of Our individual Federal Life Estate of Ownership and Use Rights and Powers of this, Your Amazing Property, known around the World as “America”.
Individual Legal Dignity Education of certain Citizenship Obligations and Rights, with motivation and inspiration for We, “the People” to free choose to come into interactive compliance for common cause, “to form a more perfect union - for Ourselves and our Posterity.”
Legal Public Notice. So that We, “the People” would have been long started on this our common cause to journey, to first actively move to understand and then, Informed, ponder, to be or not to be, for me to freely choose to take this Birthright and interactively using Your Legal Legacy of Ownership, and by doing so each day this finite community of Owners strive “to form a more perfect union” “for Ourselves and Our posterity”, under the color of “American” Federal Law, the Supreme Law of the Land of the Free and the Home of the Brave, We, “the People”, you & I.
Public Notice to organize in trust, and each invest, to pay for implementing and manifesting our community effort to unite in the Birthright, our Ownership by interactive participation, “to form a more perfect union”. We strive “for ourselves and our posterity”, together Equal in the Legal Dignity of Social Station of “American” Ownership; to wit, Bonafide Personal Standing by Oath of Federal Claim, a personal cause of action manifest by Documented Nullification of his Immunity from suite. Which is an intentional due Process Nullification, Violation, and Trampling of the domestic Tranquility of the Owners Federal “Life Estate” of fundamental sovereign earthly ownership rights of “America”, lock, stock, and barrel.
¶ # 57 These cessions of Virginia, North Carolina, and Georgia, in express terms, and all the rest impliedly, not only provide thus specifically the proportion according to which each state shall profit {A Business Form under Federal Law] by the proceeds of the land sales, but they proceed to declare that they shall be "faithfully and bona fide disposed for that purpose, and for no other use or purpose whatsoever."
¶ # 58 This is the fundamental law of the land at this moment, growing out of the compacts which are older than the Constitution, and forming the cornerstone on which the union itself
{to wit, the Perpetual Union in Trust of We, the One People of the United States}
was erected.
[Into the current elaborate American Social Construct of Federal Law, (ASC).]comment.
¶ # 59 In the practice of government, the proceeds of the public lands have not been set apart as a special fund for the payment of the public debt, but have been, and are now, paid to the Treasury, where they constitute a part of the aggregate revenue, upon which the government draws as for its current expenditures, as for payment of the public debt.
¶ # 60 In this manner they have heretofore, and do now, lessen the general charge upon the people of the several states in the exact proportion stipulated in the compacts. [
Paid every six months] comment.
¶ # 61 These general charges have been composed not only of the public debt, and the usual expenditures attending the civil and military administration of the government, but of the amounts paid to the states with which these compacts were formed; the amount paid the Indians for their right of possession; the amounts paid for the purchase of Louisiana and Florida; and the amounts paid surveyors, registers, receivers, clerks, & c., employed in preparing for market, and selling, the western domain.
[In Accord with the PLSS.]comment
Comment Added: Note the admission of the commercial nature of the manufacture and primary disposal of these unique Congressional consumer products.
¶ # 62 From the origin of the land system {The Land Ordinance of 1785} down to the 30th,of September 1832, the amount expended for all these purposes has been about $49, 701,280.00 dollars, and the amount received from the sales, deducting payments on accounts of roads, &c., about $38,386,624.00 dollars.
¶ # 63 The revenue arising from the public lands, therefore, has not been sufficient to meet the general charges on the Treasury which have grown out of them, by about $11,314,656.00 dollars. [
{Infrastructure: cost to build the Federal Monuments manufactured and installed to insure domestic Tranquility, to wit, the Federal TRS Grids, like the Petitioner’s Federal Township of 1south 19west in the County of Walton of the Public Land State of Florida under an Expressly Conditional Congressional, PLSS Sublicense of “Statehood” on the 3rd day of March in 1845. See Exhibit #}
¶ # 64 Yet, in having been applied to lessen those charges, the conditions of the compacts have been thus far fulfilled, and each state has profited according to its usual proportion in the general charge an expenditure.
¶ # 65 The annual proceeds of land sales have increased, and the charges have diminished; So that, at a reduced price, those lands would now defray all current charges growing out of them and save the Treasury from further advances on their account.
¶ # 66 Their original intent and object, therefore, would be accomplished, as fully as it has hitherto been, by reducing the price, and, therefore as heretofore, bringing the proceeds into the Treasury.
¶ # 67 Indeed, as this is the only mode in which the objects of the original compact can be obtained, it may be considered, for all practical purposes, that it is one of their requirements.
[acknowledgment of Obligation Contracted as Inventor, Manufacturer, and Seller.] comment.
¶ # 68 The bill before me begins with an entire subversion of every one of the compacts by which the United States became possessed of their western domain and treats the subject as if they never had existence, and as if the United States were the original and unconditional owners of all the public lands.
¶ # 69 The first section dictates-
"That from and after the 31st day of December, 1832, there shall be allowed and paid to each of the states of Ohio, Indiana, Illinois, Alabama, Missouri, Mississippi, and Louisiana, over and above what each of the said states is entitled to by the terms of the compacts entered into between them, respectively upon their admission into the union, and the United States, the sum of twelve and a half per centum upon the net amount of the sales of the public land which, subsequent to the date aforesaid, shall be made within the several limits of said states; which said sum of twelve and a half per centum shall be applied to some object or objects of internal improvement, or education, within the said states, under the direction of their several legislatures."
¶ # 70 This twelve and a half per centum is to be taken out of the net proceeds of the land sales before any apportionment is made; and the same seven states which are first to receive this proportion, are also to receive their due proportion of the residue, according to the ratio of general distribution.
¶ # 71 Now, waiving all consideration of equity or policy in regards to this provision, what more need be said to demonstrate its objectionable character, then that it is in direct an undisguised violation of the pledge given by Congress to the states before a single secession was made; that it abrogates the condition upon which some of the states came into the union; and that it sets a naught the terms of succession spread upon the face of every grant under which the title to that portion of the public lands is held by the federal government?
¶ # 72 In the apportionment of the remaining seven-eighths of the proceeds, this bill, in a manner equally undisguised, violates the conditions upon which the United States acquired title to the seceded lands.
¶ # 73 Abandoning altogether the ratio of distribution according to the general charge and expenditure provided by the compacts, it adopts that of the federal representative population.
¶ # 74 Virginia, and the other states, which ceded their lands upon the express condition that they should receive a benefit from their sales in proportion to their part of the general charge, are, by the bill, allowed only a portion of seven-eighths of their proceeds, and that not to the proportion of the general charge and expenditures, but in ratio of their federal representative population.
¶ # 75 The Constitution of the United States did not delegate to Congress the power to abrogate these compacts.
¶ # 76 On the contrary, by declaring that nothing in it "shall be so construed as to prejudice any claims of the United States, or any of its particular states ", it virtually provides that these compacts, and the rights they secure, shall remain untouched by the legislative power, which shall only make all "needful rules and regulations for carrying them into effect."
[The Constitution cite]
¶ # 77 All beyond this would seem to be an assumption of undelegated power.
[Even a Criminal Act]
¶ # 78 These ancient compacts are invaluable monuments of an age of virtue, patriotism, and disinterestedness.
{Corruption}
¶ # 79 They exhibit the price that great states, which had one Liberty, were willing to pay for that union, without which, they plainly saw, it could not be preserved.
{These are Solemn and Foundational Compacts}
¶ # 80 It was not for territory or state power that our revolutionary fathers took up arms - it was for individual Liberty, and the right of self- government.
{as that is the only government you can trust}. This is proven by the Petitioners Facts.
¶ # 81 The expulsion from the continent of British armies and British power was to them a barren conquest, if, through the collisions of the redeemed states, the individual rights for which they fought should become the prey of petty military tyrants established at home.
¶ # 82 To avert such consequences and throw around "Liberty" the Shield of Union, states whose relative strength at the time gave them a per-pondering power, magnanimously sacrificed domains which would have made them the rival of empires, only stipulating that they should be disposed of for the common benefit of themselves and the other confederated states.
¶ # 83 This enlightened policy produced Union and has secured "Liberty".
¶ # 84 It has made our wastelands to swarm with a busy people and added many powerful states to our Confederation.
¶ # 85 As well for the fruits which these noble works of our ancestors have produced, as for the devoutness in which they originated, we should hesitate before we demolish them.
¶ # 86 But there are other principles asserted in the bill, which would have impelled me to withhold my signature, had I not seen it a violation of the compacts by which the United States acquired title to a large portion of the public lands.
¶ # 87 It reasserts the principle contained in the bill authorizing a subscription to the stock of the Maysville, Washington, Paris, and Lexington Turnpike Road Company, from which I was compelled to withhold my consent, for reasons contained in my message of the 27th of May 1830 to the House of Representatives.
¶ # 88 The leading principle then asserted was, that Congress possesses no constitutional power to appropriate any part of the monies of the United States for objects of a local character within the states.
¶ # 89 That principle, I cannot be mistaken in supposing, has received the unequivocal sanction of the American people, and all subsequent reflection has but satisfied me more thoroughly that the interest of our people, and the purity of our government, if not its existence, depends on its observance.
[No one person is above the Federal Law of Our American Social Construct.]
¶ # 90 The public lands are the common property of the United States, and the moneys arising from their sale are a part of the public revenue.
¶ # 91 This bill proposes to raise from, an appropriate a portion of, the public revenue to certain states, providing expressly that it shall "be applied to objects of internal improvement or education within these states," and then proceeds to appropriate the balance to all the states, with the declaration that it shall be applied "to such purposes as the legislatures of the said respective states shall deem proper. "
¶ # 92 The former appropriation is expressly for internal improvements or education, without qualification as to the kind of improvements, and therefore, in express violation of the principle maintained by my objections to the Turnpike Road Bill above referred to.
¶ # 93 The latter appropriation is more broad and gives the money to be applied to any local purpose whatsoever.
¶ # 94 It will not be denied that, under the provisions of the bill, a portion of the money might have been applied to making the very road to which the bill of 1830 had referenced, and must, of course, come within the scope of the same principle.
¶ # 95 If the money of the United States cannot be applied to local purposes through its own agents, as little can it be permitted to be thus expended through the agents of the state governments.
¶ # 96 It has been supposed that, with all the reductions in our revenues which could be speedily affected by Congress, without injury to the substantial interest of the country, there might be, for some years to come, a surplus of monies in the Treasury, and that there was, in principle, no objection to returning them to “the People” by whom they were paid.
¶ # 97 As the literal accomplishment of such an object is obviously impracticable, it was thought admissible, as the nearest approximation to it, to hand them over to the state governments, the more immediate representatives of “the People”, to be by them applied to the benefit of those to whom they properly belonged.
¶ # 98 The principle and the object was, to return to “the People” an unavoidable surplus of revenue which might have been paid by them under a system which could not at once be abandoned; but even this resource, which at one time seemed to be almost the only alternative to save the general government from grasping unlimited power over internal improvements, was suggested with doubts of its constitutionality.
¶ # 99 This bill assumes a new principle.
¶ # 100 Its object is not to return “the People” an unavoidable surplus of revenue paid in by them, but to create a surplus of distribution among the states.
{corruption}
¶ # 101 It seizes the entire proceeds of one source of revenue, and sets them apart as a surplus, making it necessary to raise the money for supporting the government, and meeting the general charges, from the other sources.
¶ # 102 It even throws the entire land system upon the customs for its support and makes the public lands a perpetual charge upon the Treasury.
¶ # 103 It does not return to “the People” monies accidentally or unavoidably paid by them to the government by which they are not wanted ; But compels “the People” to pay monies into the Treasury for the mirror purpose of creating a surplus for distribution to their state governments.
¶ # 104 If this principle be once admitted, it is not difficult to perceive to what consequences it may lead.
¶ # 105 Already this filled, by throwing the land system on the revenues of imports for support, virtually distributes among the states a part of those revenues.
¶ # 106 The proportion may be increased from time to time, without any departure from the principle now asserted, until the state government shall derive all of the funds necessary for their support from the Treasury of the United States.
¶ # 107 Or, if a sufficient supply should be obtained by some States and not by others, the deficient states might complain, and, to put an end to all further difficulty, Congress, without assuming any new principle, need go but one step further, and put the salaries of all of the state governors, judges and other officers with a significant sum for other expenses in their general appropriations bill.
¶ # 108 It appears to me that a more direct road to consolidation cannot be devised.
¶ # 109 Money is Power, and in that government, which pays all the public officers of the states, will all political power be substantially concentrated.
¶ # 110 The state governments, if governments they might be called, would lose all their independence and dignity.
[This is what is happening in the Petitioners case.]comment.
¶ # 111 The economy which now distinguishes them would be converted into a profusion, limited only by the extent of the supply.
¶ # 112 Being the dependence of the general government and looking to its Treasury as the source of all of their emoluments, the state officers, under whatever names they might pass, and by whatever forms their duties might be prescribed, would, in effect, be the mere stipendiaries and instruments of the central power.
¶ # 113 I am quite sure that the intelligent people of our several states will be satisfied, on a little reflection, that it is neither wise nor safe to release the members of their local legislatures from the responsibility of levying the taxes necessary to support their state governments, and vest it in Congress, over most of those members they have no control.
¶ # 114 They will not think it expedient that Congress shall be the tax gatherer and paymaster of all their state governments, thus amalgamating all of their officers into one mass of common interest and common feeling.
¶ # 115 It is too obvious that such a course would subvert our well-balanced system of government, and ultimately deprive us of all of the blessings now derived from our happy union.
¶ # 116 However willingly I might be that any unavoidable surplus in the Treasury should be returned to “the People” through their state governments, I cannot assent to the principle that a surplus may be created for the purpose of distribution.
{Like The Covid-19 Pandemic}
¶ # 117 Viewing this bill as, in effect, assuming the right not only to create a surplus for that purpose, but to divide the contents of the Treasury among the states without limitation, from whatever source they may be derived, and asserting the power to raise an appropriate money for the support of every state government and institution, as well as for making every local improvement, however trivial, I cannot give my assent.
¶ # 118 It is difficult to perceive what advantages would accrue to the old states or the new, from the system of distribution which this bill proposes, if it were otherwise unobjectionable.
¶ # 119 It requires no argument to prove, that if three millions of dollars a year, or any other sum, shall be taken out of the Treasury by this bill for distribution, it must be replaced by the same sum collected from “the People” through some other means.
[More TAXES, Fees, Licenses, Tags, Permits and Sales Taxes Paid by the Guarantor Petitioner Citizen et al. Owner Manager.org]
¶ # 120 The old states will receive annually a sum of money from the Treasury, but they will pay in a larger sum, together with the expenses of collection and distribution.
¶ # 121 It is only their proportion of the seven-eighths of the proceeds of the land sale which they are to receive, but they must pay their due proportion of the whole.
¶ # 122 Disguise it as we may, the build proposes to them a dead loss in the ratio of eight to seven, in addition to expenses and other incidental losses.
¶ # 123 This assertion is not the less true because it may not at first be palpable.
¶ # 124 Their receipts will be in large sums, but their payments in small ones.
¶ # 125 The governments of the states will receive seven dollars, for which “the People” of the states will pay eight dollars.
[Or MORE]
¶ # 126 The large sums received will be palpable to the senses; the small sums paid; it requires thought to identify.
¶ # 127 But a little consideration will satisfy “the People” that the effect is the same as if seven hundred were given them by the public Treasury, for which they were at the same time required to pay in taxes, direct or indirect, eight hundred dollars.
¶ # 128 I deceive myself greatly if the new states would find their interest promoted by such a system as this bill proposes.
¶ # 129 Their true policy consists in the rapid settling and improvement of the wastelands within their limits.
¶ # 130 As a means of hastening these events, they have long been looking to a reduction in the price of public lands upon the final payment of the national debt.
¶ # 131 The effect of the proposed system would be to prevent that reduction.
¶ # 132 It is true, the bill reserves to Congress the power to reduce the price, but the effect of its details, as now arranged, would probably be forever to prevent its exercise.
¶ # 133 With the just men who inhabit the new states, it is a sufficient reason to reject the system, that it is in violation of the fundamental laws of the Republic and its Constitution.
¶ # 134 But if it were a mere question of interest or expediency, they would still reject it.
¶ # 135 They would not sell their bright prospect of increasing wealth and growing power at such a price.
¶ # 136 They would not place a sum of money to be paid into their treasuries, in compensation with the settlement of their wastelands, and the increase of their population.
¶ # 137 They would not consider a small or large annual sum to be paid to their governments, and immediately expended, as an equivalent for that enduring wealth, which is composed of flocks and herbs, and cultivated [American Family] farms.
¶ # 138 No temptation will allure them from that object of abiding interest, the settlement of their wastelands, and the increase of a hardy race of free citizens, their glory in peace and their defence in war.
¶ # 139 On the whole, I adhere to the opinion expressed by me in my annual message of 1832, that it is our true policy that the public lands shall cease, as soon as is practicable, to be a source of revenue, except for the payments of those general charges which grow out of the acquisition of the lands -- their survey and sale.
¶ # 140 Although these expenses have not been met by the proceeds of sale heretofore, it is quite certain they will be hereafter, even after a considerable reduction in the price.
¶ # 141 By meeting in the Treasury so much of the general charge as arises from that source, they will hereafter, as they have been heretofore, be disposed of for the common benefit of the United States, according to the compacts of cession.
¶ # 142 I do not doubt that it is the real interest of each and all the states in the union, and particularly of the new states, that the price of these land shall be reduced and graduated; and that after they have been offered for a certain number of years, the refuge, remaining unsold, shall be abandoned to the states, and the machinery of our land system entirely withdrawn.
[But this is not the Reality! For “America” the Opposite is fact. Each Township is a Federal Monument to “*insure domestic Tranquility” within our American Social Construct of Federal Law.]
¶ # 143 It cannot be supposed the compact intended that the United States should retain forever a title to lands within the states, which are of no value; and no doubt is entertained that the general interest would be best promoted by surrendering such lands to the state.
[Said Act Would Breach the Contract and render the ability of Congress to enforce a contracted obligation “to do all things necessary and proper” to “*insure domestic Tranquility” for America.}
¶ # 144 This plan for disposing of the public lands impairs no principle, violates no compact, an deranges no system.
¶ # 145 Already has the price of those lands been reduced from two dollars per acre to one dollar and a quarter; an upon the will of Congress, it depends whether there shall be a future reduction.
¶ # 146 While the burdens of the cost are diminishing by the reduction of the duties upon imports, it seems but equal justice that the chief burden of the West should be lightened in an equal degree at least.
¶ # 147 It would be just to the old States and the new, consolidate every interest, disarm the subject of all of its dangers, and add another guarantee to the perpetuity of our happy union.
¶ # 148 Sensible, however, of the difficulties which surround this important subject, I can only add my regrets at finding myself again compelled to disagree with the legislative power, the sincere declaration that any plan would shall promote a final and satisfactory disposition of the question, and be compatible with the Constitution and public faith , shall have my Hardy concurrence.
Andrew Jackson. December 4th, 1833.
Accounting Statement respecting the revenue derived from the public lands, accompanying the President's message to the Senate December 4th, 1833, stating his reasons for not approving the land bill.
Statement of the amount of money which has been paid by the United States for the title to the public lands, including the payments made under the Louisiana and Florida treaties; the compact with Georgia; the settlement with the Yazoo claimants; the contracts with the Indian tribes; and the expenditures for compensation to commissioners, clerks, surveyors, and other officers, employed by the United States for the management and sale of the western domain; the gross amount of money received to the Treasury, as the proceeds of public lands, to the 30th of September, 1832; also, the net amount, after reducing 5%, extended on account of roads within, an leading to the western states, &c. and sums refunded on account of error in the entries of the public lands.
Payment on account of purchase of Louisiana:
Principle, $14,984,872.28
Interest on $ 8,529,353.43
$23,514,225.71
Payment on account of the purchase of Florida:
Principle, $4,985,599.82
Interest to 30th, September 1832, $1,489,768.66
$ 6,475,368.48
Payment of compact with Georgia $ 1,065,484,.06
Payment of the settlement with the Yazoo claimants, $ 1,830,808,.04
Payment of contracts with the several Indian tribes,
All expenses on account of Indians, $13,064,677.45
Payment of commissioners, clerks, and other officers,
employed by the United States for the management
and the sale of the western domain,
Amount of money received to the Treasury as the
proceeds of public lands to the 30th September 1832, $39,614,000.07
Deduct payments from Treasury on account of roads $ 1,227,375.94
$38,386,624.13
T. L. Smith, Reg.
Treasury Department
Registers Office March 1, 1833.