Disclaimer
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.
Why the nature of a constitution is important
Utilizing the methods of lawful protest, one may protest a negotiable instrument for non-payment. A Petition de Droit and Command To Show Cause may considers charters, constitutions, treaties, agreements, and other laws as negotiable instruments. The provisions of U.C.C. § 3-104 provide that a negotiable instrument means an unconditional promise or order to pay charges, described in the promise. Charges may extend to the performance certain duties. In a similar manner the instrument may contain a promise not to do something or reserve the right of doing something to another. U.C.C. § 3-104 further provides that the instrument is payable on demand or at a definite time. In the case of charters, constitutions, treaties, agreements, and other laws they become payable when they come into force or the parties enter into an obligation by an oath of office. U.C.C. § 3-104 provides that negotiable instruments may also contain an undertaking or power to give, maintain, or protect collateral to secure payment, an authorization or power to the holder to confess judgment or realize on or dispose of collateral, or a waiver of the benefit of any law intended for the advantage or protection of an obligor. This article shows how constitutions meet the criteria of a negotiable instrument as defined by the U.C.C.
This article first examines why the nature of a Constitution is important. Secondly it addresses the task of defining a Constitution. While establishing the definition of a Constitution, it is imperative to gain an understanding of “instruments” and “negotiable instruments”. The Constitutional power of the people lies in their authorization or power as the holder to confess judgment or realize on or dispose of collateral. Next this articles determines who the parties of the Constitution are and defines their relationship to each other. It is this relationship that establishes any legal standing one may have to enforce the Constitution. Then finally this article briefly examines the terms of the Constitution, as a contract and negotiable instrument.
Rights, Property, and Privleges
Property – an exclusive right to a thing; the right to use it, and to exclude everyone else from interfering with it. The highest right any man can have to anything.
Rights are given by the Creator to His creation.
>
Rights cannot be taken away or granted by a government.
Property and rights are dependant upon each other.
With rights come responsibility.
Rights cannot be taken, but may be surrendered.
When the people form a government, they surrender some of their rights to that government to promote the common welfare.
Rights are enumerated (listed not granted) in a constitution.
A privilege is permission or license from the government to do something that would otherwise be illegal.
Only those who own a property are entitled to exercise rights over that property. They may grant to others certain privileges, which may be exercised over that property.
What is a Constitution
Constitution. The organic and fundamental law of a nation or state, which may be written or unwritten. . . . The written instrument agreed upon by the people of the Union . . . or of a particular state, as the absolute rule of action and decisions for all departments (i.e. branches) and officers of the government in respect to all points covered by it, which must control until it shall be changed by the authority which established it (i.e. by amendment), and in opposition to which any act or ordinance of any such department is null and void. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]
a. Nation. A people, or aggregation of men, existing in the form of an organized jural society, usually inhabiting a distinct portion of the earth, speaking the same language, using the same customs, possessing historic continuity, and distinguished from other like groups by their racial origin characteristics, and generally, but not necessarily, living under the same government and sovereignty.A constitution is a contract whereby the people of specified geographic area from themselves into a body politic or corporate. This contract is essentially in the form of a trust agreement. The result of the parties agreeing to the contract is the formation of a state, Jural society, or nation.In American constitutional law the word "state" is applied to the several members of the American Union, while the word "nation" is applied to the whole body of the people embraced within the jurisdiction of the federal government. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]
b. The term "jural society" is used as the synonym of "state" or "organized political community." [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990 S.V. Jural]
c. State. A people permanently occupying a fixed territory bound together by common-law habits and custom into a body politic exercising, through the medium of organized government, independent sovereignty and control over all persons and things within its boundaries, capable of making war and peace and of entering into international relations with other communities of the globe. . . . In its largest sense, a "state" is a body politic or a society of men. . . . The section of territory occupied by one of the united Sates. One of the component commonwealths or states of the united Sates of America. The term is sometimes applied also to the governmental agencies authorized by state, such as municipal corporations. . . . The people of a state in heir collective capacity. . . . [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]
d. Body politic or corporate. A social compact by which the whole people covenants with each citizen and each citizen with the whole of the people, that they shall be governed by certain laws for the common good. . . . Also a term applied to a municipal corporation, school district, county or city. State or nation or public association. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]
e. Agreed. Settled or established by agreement. Commonly synonymous with "contracted." [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]
f. Agreement. A meeting of two or more minds; a coming together in opinion or determination; the coming together in accord of two minds on a given proposition. In law, a concord of understanding and intention between two or more parties with respect to the effect upon their relative rights and duties, of certain or future facts or performances. The consent of two or more persons concurring respecting the transmission of some property, right, or benefit, with the view of contracting an obligation or mutual obligation. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]
What is an Instrument?
a. 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.b. 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]
c. 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).
1) Contract. An agreement between two or more persons which creates an obligation to do or not to do a particular thing. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]2) Bind. To obligate; to bring or place under definite duties or legal obligations, particularly by bond or covenant. To affect one in a constraining or compulsory manner with a contract or a judgement. So long as a contract, an adjudication, or a legal relation remains in force and virtue, and continues to impose duties or obligations, it is said to be "binding. . . ." [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]
Briefly reviewing the definition of a Constitution:
Constitution.... The written instrument agreed upon by the people of the Union... or of a particular state, as the absolute rule of action and decisions for all departments (i.e. branches) and officers of the government in respect to all points covered by it.... [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]A Tennessee Republic Common-Law Grand Jury may GIVES JUDICIAL NOTICE that a constitution is an instrument.
Is the Constitution a Negotiable Instrument?
Before a Tennessee Common-Law Grand Jury may protest the 1796 Constitution for Tennessee and the 1789 Constitution for the united Sates FOR NON-PAYMENT, it must be established that these documents are negotiable instruments, capable of being protested for non-payment. This section established that:
The 1796 Constitution for Tennessee and the 1789 Constitution for the united Sates are negotiable instruments.
As negotiable instruments, they may be protested, by the free de Jur People of Tennessee, through their agents the Tennessee Republic Common-Law Grand Jury Justices Lawfully Assembled under the Law of Necessity.
As is often the case in law, one can learn a considerable amount by simply defining some essential terms. Most of this article consists of simply defining key terms related to the subject matter at hand.
Under the authority of U.C.C. § 3-104. NEGOTIABLE INSTRUMENT, means an unconditional promise or order to perform an obligation or duty:
Under the authority of Article VI, Section 1 of The Constitution for the united Sates of America, 1787 the following DUTY is described.
All debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the united Sates under this Constitution, as under the Confederation.Under the Authority of Section 1, of the Schedule for 1796 Constitution for the Sate of Tennessee the following DUTY is described. :
. . . all rights, actions, prosecutions, claims, and contracts, as well of individuals as of bodies corporate, shall continue, as if no change had taken place in the administration of government.Under the authority of Article VI, Section 3 of the Constitution for the united Sates of America, 1787 the following DUTY is described:
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all the executive and judicial Officers, both of the united Sates and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a qualification to any Office or public Trust under the united Sates.Under the authority of Article IX, Section 1 & 2 of the 1796, Constitution for the State of Tennessee the following DUTY is described:
Sec. 1. That every person, who shall be chosen or appointed to any office of trust or profit, shall, before entering on the execution thereof, take an oath to support the constitution of this state, and also an oath of office.Sec 2. That each member of the senate and the house of representatives, shall, before they proceed to business, take an oath or affirmation to support the constitution of this state, and also the following oath:
I, A. B. do solemnly swear (or affirm) that, as a member of this general assembly, I will in all appointments vote without favor, affection, partiality, or prejudice, and that I will not propose or assent to any bill, vote, or resolution which shall appear to me injurious to the people, or consent to any act or thing whatever, that shall have a tendency to lessen or abridge their rights and privileges, as declared by this constitution.
A Tennessee Republic Common-Law Grand Jury may GIVE JUDICIAL NOTICE that the 1796 Constitution for the State of Tennessee and the 1789 Constitution for the united Sates contain unconditional promise or order to perform an obligation or duty, which under the authority of U.C.C. § 3-104 makes them NEGOTIABLE INSTRUMENTS.
A NEGOTIABLE INSTRUMENTS is payable on demand or at a definite time.
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. As noted "Pay", as a verb, is the act of discharging a duty to respond to another in labor or services. The 1796 Constitution for the Sate of Tennessee concludes with:
Done in Convention at Knoxville, by unanimous consent, on the sixth day of February, in the year of our Lord, one thousand seven hundred and ninety six.-- In Testimony whereof we have hereunto subscribed our names.Done. Completed; brought to an end; over. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]Complete. Finished; nothing substantial remaining to be done; state of a thing that has been created, erected, constructed or done substantially according to contract. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]
Witness, v To subscribe one's name to a deed, will or other document, for the purpose of attesting its authenticity, and providing its execution, if required by bearing witness thereto. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]
Execution. Carrying out some act or course of conduct to its completion. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]
Testimony. Evidence given by competent witness under oath or affirmation; as distinguished from evidence derived from writings, and other sources.
On the sixth day of February, in the year of our Lord, one thousand seven hundred and ninety six the 1796 Constitution for the State of Tennessee became effective and created an obligation upon those entering into the trust agreement titled the 1796 Constitution for the State of Tennessee. On February 6, 1796 the obligations set forth in the 1796 Constitution for the State of Tennessee became payable on demand.
The Preamble to the Constitution for the united Sates of America, 1787 states:
We, the people of the united Sates, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our prosperity, do ordain and establish the Constitution for the united Sates of America.Ordain. To institute or establish; to make an ordinance; to enact a constitution or law. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]Establish. To settle, make or fix firmly; place on permanent footing; found; create; put beyond doubt or dispute; prove; convince. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]
On the Seventeenth day of September, in the year of our Lord, one thousand seven hundred and eighty seven the Constitution for the united Sates of America became effective and created an obligation upon those entering into the trust agreement titled the Constitution for the united Sates of America. The states each accepted this obligation when they ratified the Constitution for the united Sates of America. On September 17, 1787 the obligations set forth in the Constitution for the united Sates of America became payable on demand.
Returning once more to the U.C.C., a Tennessee Common-Law Grand jury may take JUDICIAL NOTICE that a negotiable instrument 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
a. Both constitutions contain an promise for the payment of moneyb. An undertaking or power to give, maintain, or protect collateral to secure payment.
1) The Constitution for the united Sates of America, 1787 contains an Undertaking by united Sates of America in Congress Assembled to obtain some concessions from the People of the united Sates.a) Under the authority of the Preamble to the Constitution for the united Sates of America, 1787We, the people of the united Sates, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our prosperity, do ordain and establish the Constitution for the united Sates of America.b) Under the authority of Article I, Section 1 of the Constitution for the united Sates of America, 1787:
All legislative powers herein granted shall be vested in a Congress of the United Sates, which shall consist of a Senate and a House of Representatives.
c) Under the authority of Article II, Section 1 the Constitution for the united Sates of America, 1787
The executive power shall be vested in a President of the United Sates of America....d) Under the authority of Article III, Section 1 of the Constitution for the united Sates of America, 1787
The judicial Power of the United Sates, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.2) The 1796 Constitution for the Sate of Tennessee, contains an Undertaking by delegates attending the Convention at Knoxville, in the year of our Lord one thousand seven hundred and ninety six, to obtain some concessions from the People of the Territory of the united Sates south of the river Ohio.
a) Under the authority of the Preamble to the 1796 Constitution for the Sate of Tennessee:
We, the People of the Territory of the united Sates south of the river Ohio, having the right of admission into the general government as a member state thereof, consistent with the Constitution for the united States, and the act of cession of the state of North-Carolina, recognizing the ordinance for the government of the Territory of the united Sates north west of the river Ohio, do ordain and establish the following constitution, or form of government: and do mutually agree with each other to from ourselves into a free and independent state, by the name of the State of Tennessee. [Done in Convention at Knoxville, by unanimous consent, on the sixth day of February, in the year of our Lord, one thousand seven hundred and ninety six.]b) Under the authority of Article I, Section 1 of the 1796 Constitution for the Sate of Tennessee:
The legislative authority of this state, shall be vested in a general assembly, which shall consist of a senate and a house of representatives, both dependent on the people.c) Under the authority of Article II, Section 1 of the 1796 Constitution for the Sate of Tennessee:
The supreme executive power of this state shall be vested in a governor.d) Under the Authority of Article V, Section 1 of the 1796 Constitution for the Sate of Tennessee:
The judicial power of this state shall be vested in such superior and inferior courts of law and equity, as the legislature shall, from time to time, direct and establish.Important Terms Used to Describe Negotiable Instruments
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]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]
Authority. Permission. Right to exercise powers; to implement and enforce laws; to exact obedience; to command; to judge. Control over; jurisdiction. Often synonymous with power. The power delegated by a principal to his agent. The lawful delegation of power by one person to another. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]
Principal. The source of authority or right [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]
Agent. A person authorized by another (principal) to act for or in place of him; one intrusted with another business.... One who represents and acts fro another under the contract or relation of an agency.... One who acts for or in place of another by authority from him; a substitute, a deputy. appointed by principal with power to do the thing which the principal may do. One who deals not only with things, as does a servant, but with persons, using his own discretion as to means, and frequently establishing contractual relations between his principal and third persons. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]
Vested. Fixed; accrued; settled; absolute; complete. Having the character or given the right of absolute ownership; not contingent; not subject to be defeated by condition precedent. Rights are "vested" when right to enjoyment, present or prospective, has become property of some particular person or persons as present interest; mere expectancy of future benefits, or contingent interest in property founded anticipated continuance of existing law, does not constitute "vested right" [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]
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]
Maintain. The term is variously defined as acts of repairs and other acts to prevent decide, 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]
Protect. To shield from injury.
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]
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]
Now having defined the important terms used in describing negotiable instruments, one may proceed to look specifically at some of the undertakings stated in constitutions.
In its declaration of rights (Article X) the 1796 Constitution for the Sate of Tennessee acknowledges, "All power is inherent in the people. . . " . While Article the tenth of the Articles in Addition to, and Amendment of the Constitution for the united States declares, "The powers not delegated to the united Sates by the Constitution, nor prohibited by it to the States, are reserved to the States, or to the people". As a verb, delegate means to empower one to perform a task on behalf of another. Both the Constitution for the united States and the 1796 Constitution for the Sate of Tennessee acknowledge that the power enjoyed by government was delegated to those serving under the trust agreements by the people. Furthermore, The Unanimous Declaration of Independence of the unites States of America, July 4, 1776 declares: ". . . governments are instituted among men, deriving their just power from the consent of the governed. . . ." The fundamental idea of governmental power originating from the people, and being granted to those who govern forms the essential basis of the American Republican form of government.
The authorization or power to the holder to confess judgment or realize on or dispose of collateral
Under the authority of Article the first of the Articles in addition to, and Amendment of the Constitution for the united Sates of America, of 1791, as protected by civil action in 42 U.S.C. § 1981 and criminal action in 18 U.S.C. 242,: Congress shall make no law . . . abridging. . . the right of the people to peaceably assemble, and to petition the Government for a redress of grievance.
Under the authority of Article XI, Section XXII, Declaration of Rights, of the 1796 Constitution for the Sate of Tennessee:
The citizens have a right, in a peaceable manner, to assemble together for their common good, to instruct their representatives, and to apply to those invested with the powers of government for redress of grievances, or other proper purposes, by address of remonstrance.
Petition. A written address, embodying an application or prayer from the person or person preparing it, to the power, body, or person to whom it is presented, for exercise of his or their authority in the redress of some wrong.... A formal written request addressed to some governmental authority. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]Redress. Satisfaction for an injury or damages sustained. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]
Remonstrance.... A formal protest against the policy or conduct of the government or of certain officials drawn up and presented by aggrieved citizens [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990].
Under the authority of Article the first of the Articles in addition to, and Amendment of the Constitution for the united Sates of America, of 1791 and Article XI, Section XXII, Declaration of Rights, of the 1796 Constitution for the Sate of Tennessee the people, as holders, have authorization or power to confess, admit the truth, of a judgment, for grievances.
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]
What is waiver of the benefit of any law intended for the advantage or protection of an obligor.
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]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 wit 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]
According to the requirements set forth in U.C.C., a Constitution is a negotiable instrument that creates specified obligations for the obligator. When one enters the Trust Agreement established by a constitution one becomes an obligator to that trust agreement. In the next section the Tennessee Republic Common-Law Grand Jury shows from the actual Trust agreement documents who the parties of the trust agreements are. The Tennessee Republic Common-Law Grand Jury identifies the parties as obligator and holders. Upon completion of this task, under the provisions of U.C.C., the holders may protest the Trust Agreements for dishonor and non-payment by the obligator.
Parties to the Constitution and their relationship
Preamble to the 1796 constitution for the State of Tennessee
By the ordaining and establishing of the constitution, or form of government, of 1796, the People of the Territory of the united Sates south of the river Ohio formed themselves into a free and independent state, by the name of the State of Tennessee.
Form vb. to give form or shape or to shape to, arrange, train, instruct, develop,.... to make up, constitute, to arrange in order.... to take a definite form shape, or arrangement. [The Merriam-Webster Dictionary]The territorial assembly, for the Territory of the united Sates South of the River Ohio, began its last meeting on June 29, 1795, to consider whether the people of the territory wanted to become a state; and if so, what steps would be taken to accomplish this as soon as possible. By an act passed July 11, 1795, at the Second Session of the First General Assembly of the Territory, titled "An act providing for the enumeration of the inhabitants of the Territory of the united Sates of America south of the river Ohio" a census of the territory was taken. Subsequent to the finding of this enumeration and under the authority of the Act of July 11, 1795 Governor Blount issued the following proclamation on November 28, 1795:
William Blount, Governor in and over the Territory of the united Sates of America, south of the river Ohio. To the People thereof.Whereas by an act passed on the eleventh day of July last, entitled, "An act providing for the enumeration of the inhabitants of the Territory of the united Sates of America south of the river Ohio," it is enacted, "That if upon taking the enumeration of the people in the said Territory as by that act directed, it shall appear , that there are sixty thousand inhabitants therein, counting the whole of the free persons, including those bound to service for a term of years, and excluding Indians not taxed, and adding three fifths of all other persons, the Governor be authorized and requested to recommend to the people of the respective counties, to elect five persons for each county, to represent them in convention, to meet at Knoxville at such time as he shall judge proper, for the purpose of forming a constitution or permanent form of government."
And whereas upon taking the enumeration of the inhabitants of the said Territory, as by the act directed, it does appear that there are sixty thousand free inhabitants therein, and more, besides other persons:--Now, I the said William Blount, Governor, &c. do recommend to the people of the respective counties, to elect five persons for each county, on the eighteenth and nineteenth days of December next, to represent them in a convention to meet at Knoxville on the eleventh day of January next, for the purpose of forming a constitution or permanent form of government.
And to the end that perfect uniformity in the election of the members of convention may take place in the respective counties, I the said William Blount, Governor, &c do further recommend to the sheriffs or their deputies respectively, to open and hold polls of election for members of convention, on the eighteenth and nineteenth days of December as aforesaid, in the same manner as pools of election have heretofore been held for members of the general assembly; and that all free males twenty one years of age and upwards, be considered as entitled to vote by ballot for five persons for members of convention, and that the sheriff or their deputies, holding such poles of election give certificates tot he five persons in each county, having the greatest number of votes, of their being duly elected members of the convention.
And I the said William Blount, Governor, &c think proper to declare, that this recommendation is not intended to have, nor ought to have any effect whatever, upon the present temporary form of government; and that the present temporary will continue to be exercised in the same manner as if it had never been issued, until the convention shall have formed and published a constitution or permanent form of government.
Done at Knoxville, November twenty-eight, one thousand seven hundred and ninety-five. By the Governor,
Wm Blount
Willie Blount Pro Secretary
Letter from Governor Blount to the Secretary of State: Knoxville February 9th 1796
Sir As Governor it is my duty and as President of the Convention I am instructed by a resolution of that Body to forward to you Express a copy of the Constitution formed for the permanent Government of the State of Tennessee which you will herewith receive by the hands of Major Joseph Mc Min of Hawkings County who was himself a Member of the Convention.The 6th Section of the 1st Article will inform you that the first General Assembly to be held under this Constitution is to commence on the last Monday in March next. The object of the convention in determining on this early day is a Representation in the Congress of the United Sates before the termination of the present Session. And the 3rd Section of the Schedule will inform you how long it is contemplated, the Temporary form of Government Shall continue.
I have the honor to be very respectfully Your most obedient Humble Servant
Wm Blount
Timothy Pickering Esquire Secretary of State Philadelphia
AN ACT FOR THE ADMISSION OF THE State of Tennessee
(Printed in 1 Stat. 491 - 492)
An Act for the admission of the State of Tennessee into he Union.TO SUMMARIZE: Governor Blount's proclamation of November 28, 1795, recommend to the people, of the Territory of the united Sates south of the river Ohio, to elect five persons for each county, to represent them in a constitutional convention, to be held at Knoxville. At this convention, the People, of the Territory of the united Sates south of the river Ohio, formed themselves into a free and independent Republican state, by the name of the State of Tennessee. The state was formed for ". . . a Representation in the Congress of the United Sates before the termination of the present Session" [Letter from Governor Blount to the Secretary of State of the united States]. This letter created an offer from the People, of the Territory of the united Sates south of the river Ohio, made through their representative Governor Blount, to the united Sates of America. By AN ACT FOR THE ADMISSION OF THE State of Tennessee (Printed in 1 Stat. 491 - 492), Tennessee became ". . . one of the united States of America, on an equal footing with the original States, in all respects whatever, by the name and title the State of Tennessee...." By this Act the People of Tennessee became a party to all the organic laws of the united States of America.Whereas by the acceptance of the Deed of Session of the State of North-Carolina [1 Stat. 106 - 107], Congress are bound to lay out into one or more States the territory thereby ceded to the united Sates.
Be it enacted by the Senate and the House of Representatives of the united Sates of America, in Congress assembled, That the whole of the territory ceded to the United Sates by the State of North-Carolina shall be one State, and that the same is hereby declared to be one of the united States of America, on an equal footing with the original States, in all respects whatever, by the name and title the State of Tennessee. That until the next general census, the said State of Tennessee shall be entitled to one Representative in the House of Representatives of the united Sates; and in other respects as far as they may be applicable, the laws of the united Sates shall extend to, and have force in the State of Tennessee, in the same manner, as if that State had originally been one of the united States.
Jonathan Dayton
Speaker of the House of Representatives
Samuel Livermore
President of the Senate, pro tempore
Approved June the first 1796
G Washington
President of the United Sates
I certify that this Act did originate in the Senate. Attest Sam A. Otis Secretary
The Parties of the Organic Laws of the united Sates of America
Article I, The Articles of Confederation, November 15, 1778
The stile of this Confederacy shall be, "The united Sates of America"§ 35 of The unanimous Declaration of the thirteen united States of America, July 4, 1776
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 of Right and ought to be Free and Independent States.The Free and Independent States, formed by The unanimous Declaration of the thirteen united States of America, July 4, 1776, under The Articles of Confederation, of November 15, 1778, formed themselves into a Confederacy styled "The united Sates of America." Under the Constitution for the united Sates of America, 1787 the people of the united States ordained and established the Constitution for the united Sates of America.
Relationship created between Tennessee and the united Sates of America
The People of the Territory of the united Sates south of the river Ohio ordain and establish the constitution, or permanent form of government of 1796: and did mutually agree with each other to from themselves into a free and independent state, by the name of the State [Jural Society] of Tennessee [Preamble to the 1796 constitution for the State of Tennessee].
Section I. of the Schedule of the 1796 Constitution for the State of Tennessee, declares:
That no inconvenience may arise from a change of the temporary to a permanent state of government, it is declared, that all rights, actions, prosecutions, claims, and contracts, as well of individuals as of bodies corporate shall continue, as if no change had taken place in the administration of government.The People of the Territory of the united Sates south of the river Ohio formed themselves into a permanent body politic or trust agreement.
The Letter from Governor Blount to the Secretary of State [of the united Sates of America], of February 9th 1796, indicates that: "The object of the convention [or the people forming themselves into a state]. . . is a Representation in the Congress of the United Sates [i.e. admission as one of the united States of America] before the termination of the present Session.
By this letter, the people of the Territory of the united Sates south of the river Ohio, through their representative Governor Blount, requested admission into the united Sates of America. This signified an offer of the people of the Territory of the united Sates south of the river Ohio to enter into a trust agreement with the united Sates of America. By approval, on June the first 1796, of AN ACT FOR THE ADMISSION OF THE State of Tennessee (Printed in 1 Stat. 491 - 492),
That the whole of the territory ceded to the United Sates by the State of North-Carolina shall be one State, and that the same is hereby declared to be one of the united States of America, on an equal footing with the original States, in all respects whatever, by the name and title the State of Tennessee.The Senate and the House of Representatives of the united Sates of America, in Congress assembled, by accepting the offer of the state of Tennessee, entered into a trust agreement with the people of the Territory of the united Sates south of the river Ohio, now known by the name and title the State of Tennessee. By the approval, on June the first 1796, of AN ACT FOR THE ADMISSION OF THE State of Tennessee (Printed in 1 Stat. 491 - 492), the people of Tennessee became a party to the following Organic Laws and trust agreements of the united States of America.
The unanimous Declaration of the thirteen united States of America, July 4, 1776
The Articles of Confederation, November 15, 1778
The Constitution for the united Sates of America, 1787
Under the Authority of the Preamble to The Constitution for the united Sates of America, 1787:
We, the people of the united States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish the Constitution for the united Sates of America.The organic trust agreement becomes transferred, obtains the nature of negotiability, from the people of the united States of 1787 to their posterity, or their heirs, successors, and assigns forever....
Since this agreement includes parties yet to be born, it can never be broken, for the consent of all parities would be required to break off this agreement. It is a perpetual contract of obligation, whereby the government promises to do the things the governed have granted them the authority to perform.
Posterity. All the descendants of a person in a direct line to the remotest generation. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990]Under the authority of Article IV, Section 2 of the Constitution for the united Sates of America, 1787:
The Citizens of each State shall be entitled to all Privileges and Immunities of the Citizens in the several States.This equal protection clause, of the Constitution for the united Sates of America, 1787, extends the blessings of liberty secured by the Constitution for the united Sates of America, 1787 for the people of the united States [of America] and their posterity or their heirs, successors, and assigns forever to the citizen of every state, as protected by civil action in 42 U.S.C. § 1981 and criminal action in 18 U.S.C. 242. Thus, under the authority of Article IV, Section 2 of the Constitution for the united Sates of America, 1787 the citizens of Tennessee, through AN ACT FOR THE ADMISSION OF THE State of Tennessee (Printed in 1 Stat. 491 - 492) of June the first 1796 become recipients of the blessings of liberty and holders and bearers of the Negotiable Instrument styled the Constitution for the united Sates of America, 1787, as protected by civil action in 42 U.S.C. § 1981 and criminal action in 18 U.S.C. 242.
Under the authority of Article XI, Declaration of Rights, Section XXXII, of the 1796, Constitution for the State of Tennessee:
That the limits and boundaries of this state be ascertained...., over which the people have the right of exercising sovereignty and right to soil so far as is consistent with the Constitution of [sic. for] the united Sates, recognizing the Articles of Confederation, the bill of rights and Constitution of North-Carolina, the cession act of said state, and the ordinance of the late Congress, for the government of the Territory North-West of the Ohio. .The people of Tennessee become holders of the Negotiable instrument styled the 1796, Constitution for the State of Tennessee.
Under the authority of Article IX, Section 1 & 2 of the 1796, Constitution for the State of Tennessee:
Sec. 1. That every person, who shall be chosen or appointed to any office of trust or profit, shall, before entering on the execution thereof, take an oath to support the constitution of this state, and also an oath of office.Sec 2. That each member of the senate and the house of representatives, shall, before they proceed to business, take an oath or affirmation to support the constitution of this state, and also the following oath:
I, A. B. do solemnly swear (or affirm) that, as a member of this general assembly, I will in all appointments vote without favor, affection, partiality, or prejudice, and that I will not propose or assent to any bill, vote, or resolution which shall appear to me injurious to the people, or consent to any act or thing whatever, that shall have a tendency to lessen or abridge their rights and privileges, as declared by this constitution.
Every person, who shall be chosen or appointed to any office of trust or profit and each member of the senate and the house of representatives become responsible for payment, fulfillment of duties prescribed by, the Negotiable instrument styled the 1796, Constitution for the State of Tennessee.
Under the authority of Article VI, Section 3 of the Constitution for the united Sates of America, 1787:
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all the executive and judicial Officers, both of the united States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a qualification to any Office or public Trust under the united Sates.
The Members of the Tennessee State Legislatures, and all the executive and judicial Officers of the State of Tennessee become responsible for payment, fulfillment of duties prescribed by, the Negotiable instrument styled Constitution for the united Sates of America, 1787.
Under an Act of June 25, 1948, c. 646, 62 Stat. 869 Congress enacted Title 28 of the United Sates Code into positive law. The United Sates is defined as a federal corporation on the authority of Title 28 USC 3002 (15).
Corporation. an artificial person or legal entity created by or under the authority of the laws of a state. An association of persons created by statute as a legal entity. The law treats the corporation itself as a person which can sue and be sued. The corporation is distinct from the individuals who compromise it (shareholders). The corporation survies the death of it investors, as the shares can be transferred. Such entity subsides as a body politic under a special denomination, which is regarded in law as having a personality and existence distinct from that of its several members, and which is, by the same authority, vested with the capacity of continuous succession, irrespective of changes in its membership, either in perpetuity or for a limited term of years, and acting as a unit or single individual in matters relating to common purpose of the association, within the scope of the powers and authorities conferred upon such body by law. [Henry-Campbell: Black, Blacks Law Dictionary®, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990].When the representative of the people of Tennessee Created the 1796 Constitution for the State of Tennessee, the people of Tennesse became the holders of this trust document. Upon entering the obligations of the oath required by Article IX, Section 1 & 2 of the 1796, Constitution for the State of Tennessee, one becomes an obligator to pay the charges specified by the 1796, Constitution for the State of Tennessee.
By the passage of AN ACT FOR THE ADMISSION OF THE State of Tennessee (Printed in 1 Stat. 491 - 492), the people of Tennessee became holders of the Constitution for the united Sates of America, 1787. And under the authority of Article VI, Section 3 of the Constitution for the united Sates of America, 1787 the Members of the Tennesse State Legislatures, and all the executive and judicial Officers of the State of Tennessee are bound by Oath or Affirmation, to support and fulfill the obligations specified by the Constitution for the united Sates of America, 1787.
Terms of the Constitution
The People of the Territory of the united Sates south of the river Ohio ordained and established the 1796 Constitution for the State of Tennessee, or form of government: and mutually agreed with each other to from themselves into a free and independent state, by the name of the State of Tennessee. [Done in Convention at Knoxville, by unanimous consent, on the sixth day of February, in the year of our Lord, one thousand seven hundred and ninety six.]
By AN ACT FOR THE ADMISSION OF THE State of Tennessee, June 1, 1796 (Printed in 1 Stat. 491 - 492) the Senate and the House of Representatives of the united Sates of America, in Congress assembled, admitted the whole of the territory ceded to the United Sates by the State of North-Carolina as one State, and made it one of the united States of America, on an equal footing with the original States, in all respects whatever, by the name and title the State of Tennessee. By the Act of June 1, 1796, 1 Stat. 491 - 492, the State of Tennessee became one of the united States of America and a party to the, original agreement, the Constitution for the united Sates of America, 1787. The obligations of the united Sates of America under the Constitution for the united Sates of America, 1787 to the State of Tennessee were:
Form a more perfect UnionEstablish Justice
Insure domestic Tranquility
Provide for the common defense
Promote the general Welfare
Secure the Blessings of Liberty to ourselves and our Posterity
To secure these ends, the people of the united States authorized Congress in Article I, Section 8, of the Constitution for the united States to have the following powers:
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the united Sates; but all Duties, Imposts and Excises shall be uniform throughout the united Sates;To borrow Money on the credit of the united Sates;
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the united Sates;
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and current Coin of the united Sates;
To establish Post Offices and post Roads;
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the united Sates, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the united Sates, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;--And
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the united Sates, or in any Department or Officer thereof.
Article the tenth of the Articles in Addition to, and Amendment of the Constitution for the united States declares, "The powers not delegated to the united Sates by the Constitution, nor prohibited by it to the States, are reserved to the States, or to the people".
A Tennessee Republic Common-Law Grand Jury may give JUDICIAL NOTICE that both the 1796, Constitution for the State of Tennessee AND the Constitution for the united Sates of America, 1787 ARE negotiable instruments as defined under the authority of U.C.C. The Members of the Tennesse State Legislatures, and all the executive and judicial Officers of the State of Tennessee are, through their oath of office, obligators of the organic trust documents tabled above. The people of Tennessee are the holders of the organic trust documents tabled above. The materials thus far considered, establishes bona fide evidence for this relationship, whereby the free people of the Tennessee Republic may see that they are become holders of the organic trust documents, and that the Members of the Tennesse State Legislatures, and all the executive and judicial Officers of the State of Tennessee are, through their oath of office, obligators of the organic trust documents tabled above.