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The legal materials presented in this document are for educational purposes only. This article should not be considered as legal advice. All readers are advised to check all references on their own. Although all attempts have been made to report accurate information, no such accuracy is guaranteed. Please report any errors to the author of the text for correction. Daniel Towers Lewis, The Jural Society of Tennessee, and lewisdt.com do not encourage the use, or assume any liability for individuals who use any of the educational materials presented below. The quotation of the privately copy written statutory legislatively created case law and state and federal statutes and regulations is done without intent to create a use, WITHOUT INTENT TO VIOLATE THE PRIVATE COPYRIGHT, OF PRIVATE INTERNATIONAL LAW UNDER THE AUTHORITY OF PL 88-244 DECEMBER 30, 1963, and stands so unless lawfully protested by the concerned parties.

The Form of Lawful Protest

When a government oppresses the people, they have a right and a duty to peaceably assemble and petition their government for a redress of grievances (see the unanimous declaration of Independence of the thirteen united Sates of America AND Amendment I, of the of the Constitution for the united States). The appropriate format for doing this is a Petition de droit. A Petition de droit is an old English practice to obtain restitution from the crown of either real or personal property (i.e. rights). The petition declares that the crown is in possession of the property, and the petitioner suggests such a right as controverts the title of the crown, grounded on facts disclosed in the petition itself. When combined with a Command to Show Cause, the respondent to the petition is compelled to present reasons and considerations why the petition should not be confirmed, take effect, or be executed. The reason a Petition de Droit and Command To Show Cause is still applicable in the united States of America is directly linked to the history of land claims in that region.

A Petition de Droit and Command To Show Cause may derive its form and content from the body of commercial law known as the principles of lawful protest. Knowledge of the subject of protest remains essentially restricted to commercial venues as a means of enforcing specific species of contracts. The purpose of this article is to explain the principles of lawful protest for those readers not familiar with them. As an understanding of lawful protest requires the acquisition of a broadened legal vocabulary, this article also spends a great deal of time define applicable terms. The tedious process of understanding lawful protest, and its host of terms, is required so that one may see how these principles apply to the questions that might be considered by a Tennessee Republic common-law grand jury.

Under the authority of 39 Am Jur § 1, " . . . The protest of negotiable instruments, a common and usual notarial act, is so interwoven with the general subject of commercial paper as to require full treatment in that connection."

This means that a lawful protest, is a protest by a Notary of a negotiable instrument for nonpayment. The application of a lawful protest becomes more apparent as one begins to look more closely at the definition of a negotiable instrument

Defining a Negotiable Instrument

Under the authority of U.C.C. § 3-104. NEGOTIABLE INSTRUMENT

(a) Except as provided in subsections (c) and (d), "negotiable instrument" means [B] an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it:

(1)[C] is payable to bearer or to order at the time it is issued or first comes into possession of a holder;

(2)[D] is payable on demand or at a definite time; and

(3)[E] does not state any other undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of money, but the promise or order may contain

(i) an undertaking or power to give, maintain, or protect collateral to secure payment,

(ii) an authorization or power to the holder to confess judgment or realize on or dispose of collateral, or

(iii) a waiver of the benefit of any law intended for the advantage or protection of an obligor.

In simple terms, a negotiable instrument is an instrument that requires one party to pay charges to another party. The Uniform Code gives the specific characteristics of a Negotiable Instrument. The last three points under E are very important, and will be considered in greater detail later on in this article. When one looks at the nature of a constitution, one sees that it is a negotiable instrument.

Nature of Charges in negotiable instrument

Although one generally thinks of a negotiable instrument as related to owed money, the criteria for a negotiable instrument listed in U.C.C. § 3-104 provide that a negotiable instrument means (1) an unconditional promise or order to pay charges described in the promise. Specifically the Uniform code stipulates the following condtions.

(2) That the instrument is payable on demand or at a definite time; and

(3) the promise or order may contain

(i) an undertaking or power to give, maintain, or protect collateral to secure payment,

(ii) an authorization or power to the holder to confess judgment or realize on or dispose of collateral, or

(iii) a waiver of the benefit of any law intended for the advantage or protection of an obligor.

What is an unconditional promise or order to pay charges described in the promise? Defining the terms contained in this phrase allows us to understand the nature of an unconditional promise or order to pay charges.

Unconditional. Not limited or affected by any condition; applied especially to quality of an insured estate in the property insured. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]

1) Condition. A future and uncertain event upon the happening of which is made to depend the existence of an obligation, or that which subordinates the existence of liability under contract to a certain future event. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]

2) Quality of estate. The period when, and the manner in which the right of enjoying a estate is exercised. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]

a) Estate. The degree, quantity, nature, and extent of interest which a person has in real or personal property. . . . In its broadest sense, the social, civic, or political condition or standing of a person; or a class of persons considered as grouped for social, civic, or political purposes. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]

b) Insured. The person who obtains or is otherwise covered by insurance on his health life or property. The "insured" in a policy is not limited to the insured named in the policy, but applies to anyone who is insured under the policy. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]

3) Under the authority of 11 U.S.C. § 101 (41): "person" includes individual, partnership, and corporation, but dose not include a governmental unit, provided, however , that any governmental unit that acquires the assets from a person as a result of operation of a loan guarantee agreement, or as a receiver or liquidating agent of a person, will be considered a person for the purpose of section 1102 of this title.

The promises of a negotiable instrument apply specifically to the rights of enjoying the social, civic, or political condition or standing of a person; or a class of persons considered as grouped for social, civic, or political purposes. These rights are insured not just for the parties named in the policy, but applies to anyone who is insured under the negotiable instrument. Notice the broad definition of “person” and the conditions under which it may include a governmental unit.

Promise. A declaration which binds the person who makes it, either in honor, conscience, or law, to do or forbear a certain specific act, and which gives to the person to whom made a right to expect or claim the performance of some particular thing. A declaration, verbal or written, made by one person to another for a good or valuable consideration, in the nature of a covenant by which the promisor binds himself to do or forbear some act, and gives to the promisee a legal right to demand and enforce fulfillment. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]

1) Obligation. A generic word, derived from Latin substantive "obligation," having many, wide, and varied meanings, according to the context in which it is used. That which a person is bound to do or forbear; any duty imposed by law, promise, contract, relations of society, courtesy, kindness, etc. . . . Law or duty binding parties to perform their agreement. An undertaking to perform. That which constitutes a legal or moral duty and which renders a person liable to coercion and punishment for neglecting it; a word of broad meaning, and the particular meaning intended is to be gained by consideration of its context. An obligation or debt may exist by reason of a judgement as well as an express contract, in either case there being a legal duty on the part of the one bound to comply with the promise. . . . As legal term word originally meant a sealed bond, but it now extends to any certain written promise to pay money or do specific thing. . . . A formal and binding agreement or acknowledgment of liability to pay a certain sum or do a certain thing. . . . The binding power of a vow, promise, oath, or contract, or of law, civil political, or moral independent of a promise; that which constitutes legal or moral duty. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]

2) Duty. . . . Legal or moral obligation. An obligation that one has by law or contract. Obligation to conform to legal standard of reasonable conduct in light of apparent risk. . . . An obligation, recognized by the law, requiring the actor to conform to certain standard conduct for protection of others against unreasonable risk. . . . [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]

The important points about promises, obligations, and duties are that they give to the person to whom they are made a right to expect or claim the performance of some particular thing. The promise maker becomes liable to coercion and punishment for neglecting it. In negotiable instruments these obligations arise as a matter of law and contract. As the promises of a negotiable instrument apply specifically to the rights of enjoying the social, civic, or political condition or standing of a person; or a class of persons considered as grouped for social, civic, or political purposes, the benefactors to those rights may demand fulfillment of them.

Under the authority of U.C.C. § 3-102(1)(b) an order is a designation of the person to whom a bill of exchange or negotiable promissory note is to be paid. An "order" is a direction to pay and must be more than an authorization or request. It must identify the person to pay with reasonable certainty. It may be addressed to one or more such persons jointly or in the alternative but not in secession.

Simply stated, an order is a designation of the person to whom a negotiable promissory note is to be paid, or the benefactors of the terms of the negotiable instrument.

In looking at the nature of negotiable instruments we have discussed the unconditional nature of the instrument, what is meant by a promise as used in a negotiable instrument, and that the instrument will specify to whom payment is to be made. Now it is time to look specifically at what is meant by the act of paying a negotiable instrument, or fulfilling the duties or obligations stated in the negotiable instrument.

Under the authority U.C.C. §§ 2-511, 3-604 Pay, v. is to discharge a debt by tender of payment due; to deliver to a creditor the value of a debt, either in money or in goods, for his acceptance.

1) Debt. . . . In a broad sense, any duty to respond to another in money, labor, or service; it may even mean moral or honorary obligation, unenforceable by legal action. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]

2) Goods. A term of variable content and meaning. It may include every species of personal property or it may be given a very specific meaning. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]

3) Property, That which is peculiar or proper to any person; that which belongs exclusively to one. In the strict legal sense, an aggregate of rights which are guaranteed and protected by government. . . . The term is said to extend to every species of valuable right and interest. More specifically, ownership; the unrestricted and exclusive right to a thing the right to dispose of a thing in every legal way, to possess it, to use it, and to exclude every one else from interfering with it. . . . The word is commonly used to denote everything which is the subject of ownership, corporal or incorporeal, tangible or intangible, visible or in visible. . . . It extends to every species of valuable right and interest, and includes real and personal property, easements, [and] franchises. . . . [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]

4) Charge, n. An incumbrance, lien, or claim; a burden or load; an obligation or duty; a liability; . . . [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]

Those making the promise in the negotiable instrument, may offer to discharge the performance of services that will deliver to the benefactors of the negotiable instrument rights, which are guaranteed and protected by government. The specific nature of the duties to be performed will be specified in the negotiable instrument. The benefactors may use the principles of a lawful protest to demand fulfillment of these services, if those promising to fulfill them fail to do so.

Once one begins to understand who the parties to a negotiable instrument might be, and what might be involved in fulfilling the obligations created by the negotiable instrument, on can begin to look at HOW and WHEN the obligations of the negotiable instrument should be fulfilled. These are important points, for lawful protest may only be made if the terms of the negotiable instrument have not been met. Although the instrument is said to be protested, it is actually the act of non-payment that is being protested.

How is the instrument payable to bearer or to order at the time it is issued or first comes into possession of a holder?

a. Payable. Capable of being paid; suitable to be paid; admitting or demanding payment; justly due; legally enforceable. . . . Payable may therefore signify an obligation to pay at a future time, but when used without qualification, term normally means that debt is payable at once, as opposed to "owing." [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]

b.Under the authority of U.C.C. § 1-201(5) the bearer is the person in possession of an instrument.

c. Under the authority of U.C.C. § 3-110 A negotiable instrument is payable to order when by its terms it is payable to the order or assigns of any person therein specified with reasonable certainty, or to him or to his order, or when it is conspicuously designated on its face as "exchange" or the like and names a payee.

d. Under the authority of U.C.C. § 3-111 A negotiable instrument is payable to bearer when by its terms it is payable to (a) bearer or the order of bearer; or (b) a specified person or bearer; or (c) "cash" or the order of "cash", or any other indication which dose not purport to designate a specific payee.

e. Under the authority of U.C.C. § 1-201(20) the holder is the person who has legally acquired possession, the power and the intention at a given time to exercise dominion or control over a thing, either directly or through another person or persons, of a commercial paper.

Negotiable instruments, when used without qualification imply that the debt is payable at once. The instrument becomes payable to its holder or bearer. The holder or bearer of a negotiable instrument is the one that has standing at law to demand payment of the negotiable instrument being held. Now let us look at how the instrument is payable on demand or at a definite time.

How is the instrument payable on demand or at a definite time?

a. Demand, n, The assertion of a legal right; a legal obligation asserted in the courts. An imperative request preferred by one person to another, under a claim of right, requiring the latter to do or yield something or to sustain from some act. Request for payment of debt or amount due. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]

b. Under the authority of U.C.C. 3-108 instruments payable on demand include those payable at sight or on presentation and those in which no time for payment is stated.

The instrument becomes payable when the holder demands payment of the debt specified in the instrument by the parties obliged to pay such debt. If the instrument fails to specify a time for payment it becomes the responsibility of the holder to enforce payment by demanding it. Or if the payment is ceased, the holder may lawfully protest the instrument for non-payment. The methods for demanding payment are the principles of lawful protest.

In addition to stating the undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of debt, the promise or order may contain:

a. An undertaking or power to give, maintain, or protect collateral to secure payment,

The phrase, “an undertaking or power to give, maintain, or protect collateral to secure payment” is best understood by looking at the terms it contains.

1. Undertaking. . . . . An engagement by one of the parties to a contract to the other, as distinguished from the mutual engagement of the parties to each other. It does not necessarily imply consideration. . . . a condition to obtain some concession from . . . the opposite party. . . [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990].

2. Power. The right, ability or authority, or faculty of doing something. Authority to do any act which the grantor might himself lawfully perform. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]

While defining “power”, the word “grantor” was encountered. An understanding of “grantor” adds to our understanding of negotiable instruments.

a) Grantor. The person by whom a grant is made. A transferor of property. The creator of a trust is usually designated as the grantor of the trust. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]

b) Bailor. The party who bails or delivers goods to another (bailee) in the contract of bailment. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]

c) Bailee. In the law of contracts, one to whom goods are bailed, one to whom goods are entrusted by a bailor; the party to whom personal property is delivered in trust under a contract of bailment. A species of agent to whom something movable is committed in trust for another [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990].

d) Trust. A legal entity created by a grantor for the benefit of designated beneficiaries under the laws of the state and the said trust instrument. The trustee holds a fiduciary responsibility to manage the trust's corpus assets and income for the economic benefit of all of the beneficiaries. A confidence reposed in one person who is termed trustee, for the benefit of another, who is called the cestui que trust, respecting property which is held by the trustee for the benefit of the cestui que trust. . . . Any arrangement whereby property is transferred with the intention that it be administered by trustee for another's benefit. A fiduciary relationship in which one person is the holder of the title of property subject to an equitable obligation to keep or use the property for the benefit of another. . . . An association or organization of persons or corporations having the intention and power, or the tendency to create a monopoly, control production, interfere with the free course of trade or transportation, or to fix and regulate the supply and prices of commodities. In the history of economic development, the "trust" was originally a device by which several corporations engaged in the same general line of business might combine for their mutual advantage, in the direction of eliminating destructive completion, controlling the output of their commodity, and regulating and maintaining its price at the same time preserving their separate individual existence, and without consolidation or merger. This device was the erection of a central committee or board, composed perhaps of the presidents or general managers of different corporation, and the transfer to them of a majority of the stock in each of the corporations, to be held "in trust" for the several stock holders so assigning their holdings. . . . [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]

A “power” is simply stated the right of doing something. In contracts, a power may be granted or transferred to another. When this is done, it must be remembered that the grantor could have lawfully done the things he is granting another the privilege of doing. The grantor is the one that transfers property, and it must be remembered that property is an aggregate of rights. The grantor is transferring rights to another. The reason why the grantor transfers rights becomes apparent when one looks at the definitions of “trust”. Through a trust agreement, several grantors may join forces to obtain benefit for the whole group of grantors. The benefit of forming the trust is achieved at the cost of surrendering rights formerly held by individual grantors tot he trust. When the trust is created by a negotiable instrument, the grantors, as holders, may demand that the trust entity deliver to them the benefits for which the trust was created. The trust was created in a contract of bailment.

The power, which is being discussed in this context, is a power to give, maintain, or protect collateral to secure payment. The payment being secured is the fulfillment of the terms of the negotiable instrument. This payment is being secured through the act of giving, maintaining, or protecting collateral. Each of these terms will be discussed next.

3. Give. To transfer ownership or possession without compensation. To bestow upon another gratuitously or without consideration. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]

4. Maintain. The term is variously defined as acts of repairs and other acts to prevent decline, lapse or cessation from existing state of condition, bear the expense of; carry on; commence; continue; furnish means for subsistence or existence of ; hold; hold or keep in existing state or condition; hold or preserve in any particular state or condition; keep from change; keep from falling, declining, ceasing; keep in existence or continuance; keep in force; keep in good order; keep in proper condition; keep in repair; keep up; preserve; preserve from laps, decline, failure, or cessation; provide for; rebuild; repair; replace; supply with means of support; supply with what is needed; support; sustain; uphold. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]

5. Protect. To shield from injury.

6. Collateral, n Property which is pledged as a security for the satisfaction of debet. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]

7. Secure. To give security; to assure of payment, performance, or indemnity; to guaranty or make certain the payment of a debt or discharge of an obligation. One "secures" his creditor by giving him a lien, mortgage, pledge or other security, to be used in case the debtor fails to make payment. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]

8. Lien A claim, encumbrance, or charge on property for payment of some debt, obligation or duty. . . . Qualified right of property which a creditor has in or over specific property of his debtor, as a security for the debt or charge or for performance of some act. Right or claim against some interest in property created by law as an incident of contract. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]

The power to give, maintain, or protect collateral to secure payment is the transfer of authority from the bailer to the bailee. The bailer entrusts to the bailee property (rights) as collateral. The bailee is supposed to maintain and protect the rights of the bailer, which have been entrusted to the bailee. In this way the negotiable instrument established a simple fiduciary relationship between the bailer (the people) and the bailee (the governmental unit). The people give up some their rights to the governmental unit as a lien to secure fulfillment of the duties that are prescribed in the negotiable instruments that create the fiduciary relationship between the people and the government unit. A negotiable instrument may also contain:

b. An authorization or power to the holder to confess judgment or realize on or dispose of collateral,

Under the authority U.C.C. § 1-201(20) the holder is the person who has legally acquired possession of a bill of exchange, promisor note, check or other commercial paper.

Possession. Having control over a thing with the intent to have and exercise such control. . . . The detention and control, or the manual of ideal custody, of anything which may be the subject of property, for ones use and enjoyment, either as owner or as proprietor of a qualified right in it, and either held personally or by another who exercises it in one's place and name. Act or state of possessing. That condition of facts under which one can exercise his power over a corporal thing at his pleasure to the exclusion of all other persons.

The law, in general recognizes two kinds of possession: actual possession and constructive possession. A person who knowingly has direct physical control over a thing, at a given time, is then in actual possession of it. A person who, although not in actual possession, knowingly has both the power and the intention at a given time to exercise dominion or control over a thing, either directly or through another person or persons, is then in constructive possession of it. The law recognizes also that possession may be sole or joint. If one person alone has actual constructive possession of a thing, possession is sole. If two or more persons share actual or constructive possession of a thing, possession is joint. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]

Confess. To admit as true; to assent to; to concede. To admit the truth of a charge or accusation. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]

Judgement. A sense of knowledge sufficient to comprehend nature of transaction. . . . An opinion or estimate. . . . The formation of an opinion or notion concerning some thing by exercising the mind upon it. . . . The official and authentic decision of a court of justice upon the respective rights and claims of the parties to an action or suit therein litigated and submitted to its determination. The final decision of a court resolving the dispute and determining the rights and obligations of the parties. . . . [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]

Realize. To convert any kind of property into money; but especially to receive the returns from an investment. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]

Dispose of. To alienate or direct the ownership of property, as disposition by will. Used also of the determination of suits. To exercise finally, in any manner, one's power of control over; to pass into the control of someone else; to alienate, relinquish, part with, or get rid of; to put out of the way; to finish with; to bargain away. Often used in restricted sense of "sale' only, or so restricted by context. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]

Essentially the phrase, “An authorization or power to the holder to confess judgment or realize on or dispose of collateral”, means that the holder of the negotiable instrument may seek a judgement in his favor to receive payment. If payment is not maid the holder may realize or dispose of collateral that was granted to the bailee. In other words, this phrase allows the holder to use the principles of lawful protest to receive the payment that is due.

The final phrase to consider is “a waiver of the benefit of any law intended for the advantage or protection of an obligor.” Once more the meaning of the phrase is obtained simply by defining a few key terms within the phrase.

c. Or a waiver of the benefit of any law intended for the advantage or protection of an obligor.

Wavier. The intentional or voluntary relinquishment of a known right, or such conduct as warrants inference of the relinquishment of such right, or when one dispenses with the performance of something he is entitled to exact when one in possession of any right, whether conferred by law or by contract, with full knowledge of the material facts, does or forbears to do something the doing of which or the failure of forbearance to do which is inconsistent with the right, or his intention to rely upon it. The renunciation, repudiation, abandonment, or surrender of some claim, right privilege, or of the opportunity to take advantage of some defect, irregularity, or wrong. An express or implied relinquishment of a legal right. A doctrine resting upon an equitable principle, which courts of law recognize. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]

Obligator. A promisor. The person who has engaged to perform some obligation. Person obligated under contract or bond. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]

When the negotiable instrument contains such a waiver, the obligor is left defenseless when the holder demands payment. Under the principles of lawful protest a holder may demand payment of a negotiable instrument. Such a demand may be made through a competent tribunal. The obligator must make payment upon the demand of the holder, but if the obligator fails to make payment the holder may realize all collateral that was granted to the holder to insure payment. In its basic form, lawful protest is used to enforce sorts of commercial papers. It may also be used to enforce fulfillment of obligations created under a trust agreement between a governmental entity and the people at large. In this capacity, lawful protest is one of the most powerful tools available to the people.

Instruments that can be protested AND the reasons for Protest

Under the Authority of 8 Am Jur § 697 Generally; Instruments that May or Must be Protested. -- The Uniform Act provides that where a negotiable instrument has been dishonored it may be protested for nonacceptance or nonpayment, as the case may be.... Where such a bill has been dishonored on presentment for acceptance, it is not sufficient to protest it for non payment at maturity.

Instrument. A formal or legal document in writing, such as a contract, or deed, will, bind, or lease. A writing that satisfies the requisites of negotiability prescribed by U.C.C. Article 3. A negotiable instrument (defined in U.C.C. § 3-104), or a security (defined in U.C.C. § 8-102) or any other writing which evidences a right to the to the payment of money and is not itself a security agreement or lease and is of a type which is in the ordinary course of business transferred by delivery with any necessary indorsement or assignment. U.C.C. § 9-105(1).

Anything reduced to writing, a document of a formal or solemn character, a writing given as a means of affording evidence. A document or witting which gives formal expression to a legal act or agreement, for the purpose of creating, securing, modifying, or terminating a right. A writing executed and delivered as the evidence of an act or agreement. Moore v Diamond Dry Goods Co., 47 Ariz. 128, 54 P. 2d 553, 554. Anything which may be presented as evidence to the senses of the adjudicating tribunal. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]

The Reasons for Protest

1. 20th Century Bookkeeping and Accounting: Business Forms and Vouchers § 98. Protest. Each person or business concern whose name appears as an endorser on any commercial paper (for instance, check, note, or draft) guarantees payment provided the holder will first present the paper to the one who is responsible for payment and thus endeavor to make collection. The law provides that the only evidence the holder can use as a defense in a court action is the protest by the notary public. This protest is the form which the notary public sends to each endorser after he has presented the paper to the one responsible for its payment and payment has been refused. [James W. Baker, 20th Century Bookkeeping and Accounting, South Western Publishing Company, Fifteenth Edition]

2. Under the authority of 8 Am Jur § 696 Generally. -- Protest in a strict sense means the formal declaration drawn up and sighed by a notary that he presented the bill for acceptance or for payment and that it was refused.

3. Under the Authority 8 Am Jur § 707. Officer or Person making Protest.-- By the custom of merchants, a protest of a bill of exchange is made by a notary public, but it does not follow that if there is no notary available, all recourse on the instrument must be lost. The law merchant permits protest to be made by any substantial person in the presence of two credible witnesses, who can prove the fact, the person protesting being allowed to draw up and certify the facts in the usual form. This is the rule embodied in the Uniform Act, which declares that protest may be made by (1) a notary public, or (2) by any respectable resident of the place where the bill is dishonored, in the presence of two or more credible witnesses. Another officer, such as a justice of the peace, though not in fact a notary public, may, when authorized by a positive law to that effect, protest an instrument.

4. Under the Authority of Tenn. Jur. Justices of the Peace and General Sessions Courts § 2:

Nature of Office Justices of the Peace performed judicial functions in holding court and deciding matters of litigation arising between parties; they were county officers in the sense their juristiction was coextensive witht he county. The office was of great importance to the people at large, as it opened the door of justice near their homes, and not only afforded a cheep and speedy remedy for minor grievences as to the right of property, but also rendered substantial aid in the prevention and punishment of crime.

Under the Authority of Tenn. Jur. Justices of the Peace and General Sessions Courts § 2:

Under the Tennesse Constitution courts to be holden by justices of the peace could be establihed. A magistrates court has been deemed a court of law [common-law court]. A "justice's court" was a judicial tribunal and, within its jurisdiction, was vested with all the powers of a court of record. However a justice's court was not a "court of record."

The stastute provided in substance, that in performing his judicial function the judge of the general sessions court should perside over a court having a special officer attached therto, the constable, as the officer of this court, and also a clerk.

Under the authority of U.C.C. § 3-507(1) Dishonor is to refuse to accept or pay a draft to pay a promissory note when duly presented. An instrument is dishonored when a necessary or optional presentment is duly made and due acceptance or payment is refused, or cannot be obtained within the prescribed time. . . or presentment is excused and the instrument is not duly accepted or paid.

Under the authority of 8 Am Jur § 699. Protest for Both Nonacceptance and Nonpayment-- If a bill has been protested for nonacceptance and due notice has been given the drawer and indorser, it is not necessary to protest it for nonpayment, although protest in such case is permissible. The Uniform Act provides that a bill which has been protested for nonacceptance may be subsequently protested for nonpayment.

Method of Protest

Under the authority of 8 Am Jur § 708. Form and Recitals of Protest or Certificate Thereof.-- It has been seen that protest in its strictest sense means the formal declaration drawn up and signed by a notary that he presented a bill for acceptance or payment and that it was refused. The Uniform Act provides that the protest must be annexed to the bill, or must contain a copy thereof and must be under the hand and seal of the notary making it, and must specify: (1) The time and place of presentment; (2) the fact that presentment was made and the manner thereof: (3) the cause and reason for protesting the bill; and (4) the demand and answer given, if any, or the fact that the drawee or acceptor could not be found. Substantially, this is the law as developed by the decided cases. Protest, it has been held, should designate or identify the instrument to which it refers, which is usually done by putting on it a copy thereof; but if the original instrument itself is annexed and referred to in the body of the protest, it is sufficient. The protest should show also that the notary had possession of the instrument and that he demanded payment of it. No special form is prescribed, but the facts must be substantially set forth, with the answer of the person from whom demand is made. The fact of presentment need not appear in the protest in haec verba [in the same words], but the statement must ex vi termini [From or by force of the term. From the very expression used] import that when the notary made the demand he had the instrument with him ready to be delivered up in case of payment. Where the notary states that he went with the instrument to the bank at which it was payable and demanded payment, this will be deemed equivalent to saying that he had it with him.... When the protest merely states that the note was presented for payment, but does not say where, the statement is insufficient to charge the indorser.

Under the authority 39 Am Jur § 2 Definitions.-- A notary public is defined as an officer whose duty is to attest the genuineness of any deeds or writings in order to render them available as evidence of the facts therein contained. It has been said that he is an officer known to the law of nations; hence his official acts receive credence not only in his own country, but in all others in which they are used as instruments of evidence....

Under the authority 8 Am Jur § 703. Noting Protest-In General.-- The practice has grown, and is now recognized by the Uniform Act, of noting or making initial protest. It consist of a memorandum, made on the instrument usually or on some other record, at the time of, and embracing the principal facts attending, dishonor.

Under the authority 8 Am Jur § 709. Seal of Notary. -- There is authority under the common law for the proposition that a legible seal is a necessary part of a notary's certificate of protest.... The Uniform Act provides that protest must be under the hand and the seal of the notary making it.

Under the authority 58 Am Jur 2d § 15 Notarial Acts in other Jurisdictions The Uniform Law on Notarial Acts provides that a notarial act has the same effect under the law of such state as if performed by a notarial officer of such state, if performed in another state, commonwealth, territory, district, or possession of the United States by any of the following persons (1) a notary public of that jurisdiction; (2) a judge, clerk, or deputy clerk of a court of that jurisdiction; or (3) any other person authorized by the law of that jurisdiction to perform notarial acts.

Prthonotary Orginally, the chief notary.... In law, a chief clerk in the Court of Common Pleas and in the Kings Bench.... In the United States, a chief clerk of court in some older states [Websters Universal Dictionary of the English Language, The World Sydicate Publishing Company, New York, 1937]

Under the authority 58 Am Jur 2d § 16 -- Foreign notarial acts

The Uniform Law on Notarial Acts provides that a notarial act has the same effect under the law of such state as if performed by a notarial officer of such state, if performed within the jurisdiction of and under authority of a foreign nation or its constituent units or a multi-national organization by any of the following persons (1) a notary public of that nation; (2) a judge, clerk, or deputy clerk of a court of that jurisdiction; or (3) any other person authorized by the law of that jurisdiction to perform notarial acts.

Under the authority of T.C.A 47-50-112 contracts are being enforced as written, provided, that nothing herein shall limit the right of any party to contest the agreement on the basis it was procured by fraud or limit the right of any party to assert any other rights or defense provided by common law or statutory law in regard to contracts.

(a) All contracts, including, but not limited to, notes, security agreements, deeds of trust, and installment sales contracts, in writing and signed by the party to be bound, including endorsements thereon, shall be prima facie evidence that the contract contains the true intention of the parties, and shall be enforced as written; provided, that nothing herein shall limit the right of any party to contest the agreement on the basis it was procured by fraud or limit the right of any party to assert any other rights or defense provided by common law or statutory law in regard to contracts.

(b) Any contract, security agreement, note, deed of trust, or other security instrument, in writing and signed or endorsed by the party to be bound, that provides that the security interest granted therein also secures other provisions or future indebtedness, regardless of the class of other indebtedness, be it unsecured, commercial, credit card, or consumer indebtedness, shall be deemed to evidence the true intentions of the parties, and shall be enforced as written; provided, that nothing herein shall limit the right of any party to contest the agreement on the basis that it was procured by fraud or limit the right of any party to assert any other rights or defense provided by common law or statutory law in regard to contracts.

(c) If any such security agreement, note, deed of trust, or other contract contains a provision to the effect that no waiver of any terms or provisions thereof shall be valid unless such waiver is in writing, no court shall give effect to any such waiver unless it is in writing.

Conversion of negotiable instruments

Under the authority U.C.C. § 3-420. CONVERSION OF INSTRUMENT.

(a) The law applicable to conversion of personal property applies to instruments. An instrument is also converted if it is taken by transfer, other than a negotiation, from a person not entitled to enforce the instrument or a bank makes or obtains payment with respect to the instrument for a person not entitled to enforce the instrument or receive payment.

Under the authority U.C.C. § 3-419:17 (a) Nonreturn. The instrument is converted when the drawee to whom it is delivered for acceptance refuses to return it on demand. Such conduct does not constitute acceptance.

(b) Nonpayment. The instrument is converted if any person to whom it is delivered for payment refuses to pay it....

Under the authority U.C.C. § 3-419:20. Refusal to accept or return paper

There is conversion of commercial paper within UCC § 3-419 when a drawee to whom it is delivered for acceptance refuses to return it on demand or any person to whom the paper is delivered for acceptance refuses on demand either to pay or return it.

Conversion. An unauthorized assumption and exercise of the rights of ownership over goods or personal chattels belonging to another, to the alteration of their condition or the exclusion of the owner's rights. Any unauthorized act which deprives an owner of his property permanently of for an indefinite time. Unauthorized and wrongful exercise of dominion and control over another person's property, to exclusion of or incoincident with the rights of the owner. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]

Method for Lawfully presenting evidence

JUDICIAL NOTICE may be given that through a notorial one may protest the organtic trust documents for non-payment. Under the authority of U.C.C. § 3-419:20. Refusal to accept or return paper, one may give JUDICIAL NOTICE, that a refuals to either pay or return a Petition de Droit and Command To Show Cause, creates a conversion, (unauthorized assumption and exercise of the rights of ownership and the exclusion of the rights of the de jure free People of the Tennesse Republic to the Organic Trust documents). One such a conversion, as the felony of public misconduct as defined under the authority of T.C.A. 39-16-401. (a) (2), when the public official "Commits an act under color of office or employment that exceeds the servant's official power" AGAINST THE PEACE AND THE DIGNITY OF THE STATE.

Under the authority of I Statutes at Large, Stat 122, First Congress, Sess II, Ch. 11, 1790 Chap, XI, -- An Act to prescribe the mode in which the public Acts, Records, and judicial Proceedings in each State, shall be authenticated so as to take effect in every other State. Be it enacted by the Senate and the House of Representatives of the United States of America in Congress assembled, That the acts of the legislatures of the several states shall be authenticated by having the seal of their respective states affixed thereto: That the records and judicial proceedings of the courts of any state, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, as the case may be, that the said attestion is in due form. And the said records and judicial proceedings authorized as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the state from whence the said records are or shall be taken. Approved, May 26, 1790

Under the auhority of II Statutes at Large, Stat 228, Eighth Congress, Sess I, Ch. 56, 1804 Chap, LVI, -- An Act supplementary to the act entitled, "An Act to prescribe the mode in which the public Acts, Records, and judicial Proceedings in each State, shall be authenticated so as to take effect in every other State."

Be it enacted by the Senate and the House of Representatives of the United States of America in Congress assembled, That from and after the passage of this act, all records and exemplifications of office books, which are or may be kept in any public office or any state, not appertaining to a court, shall be proved or admitted in any other court or office in any other state, by the attestation of the keeper of the said records of books, and the seal of his office thereto annexed, if there be a seal, together with a certificate of the presiding justice of the court of the county or district, as the case may be, in which such office is or may be kept; or of the governor, the secretary of state, the chancellor or the keeper of the great seal of the state, that the said attestation is in due form, and by the proper officer; and the said certificate, if given by presiding justice of the court, shall be farther authenticated by the clerk or prothonotary of the said court, who shall under his hand and the seal of his office, that the said presiding justice is duly commissioned and qualified; or if the said certificate be given by the governor, the secretary of state, the chancellor or keeper of the great seal, it shall be under the great seal of the state in which the said certificate is made. And the said records and exemplifications, authenticated as aforesaid, shall have such faith and credit given to them in every court and office within the United States, as they have by law or usage in the courts or offices of that state from whence the same are, or shall be taken.

Sec. 2. And be it further enacted, that all the provisions of this act and the act to which this is a supplement, shall apply as well to the public acts, records, office books, judicial proceedings, courts and offices of the respective territories of the United States, and countries subject to the jurisdiction of the United States, as to the public acts, records office books, judicial proceedings, courts and offices of the several states.

Approved, March 27, 1804

Requirements for Protest under the authority of the Uniform Act

Under the authority of the Uniform Act a protest must contains a copy of:

The organic trust instruments, negotiable instruments, styled the Constitution for the United States of America of 1787, Articles in addition to and Amendment of the Constitution for the United States of America, 1789, and the 1796 Constitution for the State of Tennessee.

The copies of The organic trust instruments, negotiable instruments, styled the Constitution for the United States of America of 1787, Articles in addition to and Amendment of the Constitution for the United States of America, 1789, and the 1796 Constitution for the State of Tennessee must be presented in compliance with I Statutes at Large, Stat 122, First Congress, Sess II, Ch. 11, 1790 AND II Statutes at Large, Stat 228, Eighth Congress, Sess I, Ch. 56, 1804.

Petitioners may receive from the respondents evidence provided for a defense, BUT ONLY IF presented in compliance with I Statutes at Large, Stat 122, First Congress, Sess II, Ch. 11, 1790 AND II Statutes at Large, Stat 228, Eighth Congress, Sess I, Ch. 56, 1804.

Venue for Protest

Under the authority of T.C.A 47-50-112 contracts are being enforced as written and in a way that allows the petitioners to enjoy rights or defense provided by common law. The only venue guaranteeing the rights enumerated under the common law is a common-law venue. Through a series of contrivances, the judicial system of Tennessee has been stripped of its common law heritage and transformed into a foreign jurisdiction. The only recourse of the free people of Tennessee is to form themselves into a common-law grand jury, sitting in organic jurisdiction.

Under the authority of the Uniform act the protest must be under the hand and seal of the notary making it, and under the authority of II Statutes at Large, Stat 228, Eighth Congress, Sess I, Ch. 56, 1804. shall be further authenticated by the clerk or prothonotary of Our One Superior Court, Common Law Venue; Original and Exclusive Jurisdiction, Without the District of Columbia, In the county of Hamilton, The State of Tennessee, a Republic.

The clerk and prothonotary of Our One Superior Court, Common Law Venue; Original and Exclusive Jurisdiction, Without the District of Columbia,in the the State of Tennessee, a Republic may declare, letting his yes be yes and no be no, that on a date in a year of our Lord, in the county of Hamilton, the State of Tennessee, a Republic that presentment was made to Every person chosen or appointed to any office of trust or profit in Tennessee, and the Members of the Tennessee State Legislatures, and all the executive and judicial Officers of the State of Tennessee in the form of a Petition de Droit and Command To Show Cause, presented by a Tennessee republic common-law grand jury, sitting in the organic, 1796 original, jurisdiction as justice of oyer and terminer and general goal delivery, throughout the state acting under the law of necessity, for the dishonoring, nonacceptance, and nonpayment of the organic trust instruments, negotiable instruments, styled the Constitution for the United States of America of 1787, Articles in addition to and Amendment of the Constitution for the United States of America, 1789, and the 1796 Constitution for the State of Tennessee for dishonor, nonacceptance, and nonpayment.

The cause and reason for protesting the bill, the organic trust instruments, negotiable instruments, styled the Constitution for the United States of America of 1787, Articles in addition to and Amendment of the Constitution for the United States of America, 1789, and the 1796 Constitution for the State of Tennessee, for dishonor, nonacceptance, and nonpayment, AGAINST THE PEACE AND DIGNITY OF THE STATE.

The Tennessee Republic Common-Law Grand Jury Justices amy lay before the respondents in full detail the authority basis for their protest. While demonstrating, that the statutes of Tennessee (T.C.A. 39-16 Part 4, and T.C.A. 40-7-109) protect them in the exercise of peaceably assembling and petitioning the government for a redress of grievances. The Tennessee Republic Common-Law Grand Jury Justices further may show which instruments may be protested and the cause for protest. For the benefit of the respondents a explanation of the method of protest could be included.