Source of Rights

The Free people of the Tennessee Republic may Lawfully assemble, as a Right given by YHVH, protected and guaranteed by Article I of the 1791 Articles in Addition to, and Amendment of, the Constitution for the United States of America, and Article XI, Section IX of the 1796 Constitution for the Sate of Tennessee, as protected by civil action in 42 U.S.C. § 1981 and criminal action in 18 U.S.C. 242. The Free people of Tennessee have absolute and inherent Rights and Authority given by YHVH, preserved under the authority of Article XI, Section I of the 1796 Constitution for the Sate of Tennessee, and basis for making a Finding of Facts and Conclusions based upon the natural Rights given by YHVH, Rights as Grantors, Trustors, Principals of authority to 'government', supported and guaranteed by the 'Agreements' titled 1796 Constitution for the Sate of Tennessee, Tennessee Declaration of Rights 1796, and Constitution for the United States of America 1787, amended 1791, Bill of Rights of 1776. The following documents of 'CONSTITUTIONAL LAW.' to wit:

Magna Charta of King John: 15 June 1215

Mayflower Compact: 11, November 1620

Petition of Rights: 02, June 1628

First Charter of Carolina: 24, March 1663

Second Charter of Carolina: 17, June 1665

Fundamental Constitutions of Carolina: 01, March 1669

The Habeas Corpus Act, (31 Ch. II. ch. 2): 02, May 1679

Bill of Rights (1 William and Mary, session 2d, chap. 2): 1689

Act for the surrender of the Proprietary Title to Carolina (2 Geo.II. ch, 34.): 1729

Grant to Lord Carteret: afterwards Earl Granville: 17, September 1744

Declaration of Independence: 04, July 1776

Constitution of the State of North-Carolina: 18, December 1776

Articles of Confederation: 08, July 1778

First act of North-Carolina to Cede Western Lands to the United States: 19, April 1784

Constitution of the State of Franklin: 17, December 1784

Treaty of Peace: 03, September 1787

Constitution for the united States of America: 17, September 1787

Articles of the Watauga Association: 12, January 1789

Second Act of North-Carolina to Cede Western Lands: 22, December 1789

North-Carolina: Deed of Cession: 25, February 1790

An Act to Accept North-Carolina Cession: 02, April 1790

An Act for the Government of the Territory South of the River Ohio: 26 May, 1790

Constitution for the State of Tennessee: 06, February 1796

An Act for the Admission of the State of Tennessee: 01, June 1796

The intent of this article is to provide knowledge, and substantial and credible information, whereby the free people of the Tennessee Republic may see bona fide evidence of the power they have.

FOR THE PROTECTION OF THESE RIGHTS, given by YHVH, the Free people of the Tennessee Republic may recognize, and give Judicial Notice of (emphasis added):

T.C.A. 39 PART 4 MISCONDUCT INVOLVING PUBLIC OFFICIALS AND EMPLOYEES

T.C.A. 39-16-401. Definitions for public misconduct offenses.

As used in this part, unless the context otherwise requires:

(1) "Act" means a bodily movement, whether voluntary or involuntary, and includes speech;

(2) "Law" means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, or a rule authorized by and lawfully adopted under a statute; and

(3) "Public servant" means a person elected, selected, appointed, employed, or otherwise designated as one (1) of the following even if the public servant has not yet qualified for office or assumed the duties:

T.C.A. 39-16-402. Official misconduct.

(a) A public servant commits an offense who, with intent to obtain a benefit or to harm another, intentionally or knowingly:

(1) Commits an act relating to the servant's office or employment that constitutes an unauthorized exercise of official power;

(2) Commits an act under color of office or employment that exceeds the servant's official power;

(3) Refrains from performing a duty that is imposed by law or that is clearly inherent in the nature of the public servant's office or employment;

(4)Violates a law relating to the public servant's office or employment; or

(5) Receives any benefit not otherwise authorized by law.

(b) For purposes of subdivision (a)(2), a public servant commits an act under color of office or employment who acts or purports to act in an official capacity or takes advantage of such actual or purported capacity.

(c) It is a defense to prosecution for this offense that the benefit involved was a trivial benefit incidental to personal, professional or business contact, and involved no substantial risk of undermining official impartiality.

(d) An offense under this section is a Class E felony.

(e) Charges for official misconduct may be brought only by indictment, presentment or criminal information; provided, that nothing herein shall deny a person from pursuing other criminal charges by affidavit of complaint.

[Acts 1989, ch. 591, § 1; 1990, ch. 980, § 10.]

T.C.A. 39-16-403. Official oppression.

(a) A public servant acting under color of office or employment commits an offense who:

(1) Intentionally subjects another to mistreatment or to arrest, detention, stop, frisk, halt, search, seizure, dispossession, assessment or lien when the public servant knows the conduct is unlawful; or

(2) Intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity, when the public servant knows the conduct is unlawful.

(b) For purposes of this section, a public servant acts under color of office or employment if the public servant acts, or purports to act, in an official capacity or takes advantage of such actual or purported capacity.

(c) An offense under this section is a Class E felony.

(d) Charges for official oppression may be brought only by indictment, presentment or criminal information; provided, that nothing herein shall deny a person from pursuing other criminal charges by affidavit of complaint.

[Acts 1989, ch. 591, § 1; 1990, ch. 980, § 11.]

T.C.A. 39-16-406. Suspension, removal and discharge from office.

(a) A public servant convicted under § 39-16-402, § 39-16-403 or § 39-16-404 shall be removed from office or discharged from the position.

(b) A public servant elected or appointed for a specified term shall be:

(1) Suspended without pay immediately upon conviction in the trial court through the final disposition of the case;

(2) Removed from office for the duration of the term during which the conviction occurred if the conviction becomes final; and

(3) Barred from holding any appointed or elected office for ten (10) years from the date the conviction becomes final.

(c) A public servant who serves at-will shall be discharged upon conviction in the trial court. Subsequent public service shall rest with the hiring or appointing authority, provided that such authority has been fully informed of the conviction.

[Acts 1989, ch. 591, § 1.]

FOR THE ENFORCEMENT OF THESE LAWS the Free people of the Tennessee Republic may recognize and give judicial notice of:

T.C.A. 40-7-109. Arrest by private person - Grounds.

(a) A private person may arrest another:

(1) For a public offense committed in the arresting person's presence;

(2) When the person arrested has committed a felony, although not in the arresting person's presence; or

(3) When a felony has been committed, and the arresting person has reasonable cause to believe that the person arrested committed it.

(b) A private person who makes an arrest of another pursuant to the provisions of §§ 40-7-109 - 40-7-115 shall receive no arrest fee or compensation for such arrest.

[Code 1858, § 5042; Shan., § 7002; Code 1932, § 11541; Acts 1965, ch. 279, § 1; T.C.A. (orig. ed.), § 40-816.]

T.C.A. 40-7-111. Arrest by private person - Notice of grounds.

A private person making an arrest shall, at the time of the arrest, inform the person arrested of the cause thereof, except when the person is in the actual commission of the offense, or when arrested on pursuit.

[Code 1858, § 5043; Shan., § 7003; Code 1932, § 11542; T.C.A. (orig. ed.), § 40-818.]

T.C.A. 40-7-112. Arrest by private person - Notice of grounds.

If the person to be arrested has committed a felony, and a private person, after notice of such person's intention to make the arrest, is refused admittance, the arresting person may break open an outer or inner door or window of a dwelling house to make the arrest.

[Code 1858, § 5044; Shan., § 7004; Code 1932, § 11543; T.C.A. (orig. ed.), § 40-819.]

T.C.A. 40-7-113. Disposition of person arrested by private person.

(a) A private person who has arrested another for a public offense shall, without unnecessary delay, take the arrested person before a magistrate or deliver the arrested person to an officer.

(b) An officer may take before a magistrate, without a warrant, any person who, being engaged in the commission of a public offense, is arrested by a bystander and delivered to the officer, and anyone arrested by a private person as provided in §§ 40-7-109 - 40-7-112, and delivered to the officer.

[Code 1858, §§ 5041, 5045; Shan., §§ 7001, 7005; Code 1932, §§ 11540, 11544; T.C.A. (orig. ed.), §§ 40-820, 40-821.]

The Authority of the People to Protest

This section provides the authority by which the de jure free People of the Tennessee Republic may submit to the officials a Petition de Droit and Command To Show Cause:

Under the authority of Article XI, Declaration of Rights, of the 1796 Constitution for the State of Tennessee, Section XXII:

That 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 or remonstrance.

Through their oath of office, all officials become obliged to allow the de jure free People of the Tennessee Republic 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 or remonstrance. Officials hindering this activity commit the Felony of Official oppression as defined under the authority of T.C.A. 39-16-403 (a) (2), Against the peace and the Dignity of the State.

Under the authority of Article XI, Declaration of Rights,of the 1796 Constitution for the State of Tennessee, Section I:

That all power in inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety and happiness: for the advancement of those ends, they have at all times an unalienable and indefensible right to alter, reform, or abolish the government in such manner as they may think proper.

Historically, the General Assembly of Tennessee evoked the equivalent of this section from the 1834 Constitution when creating a new government for the State of Tennessee in 1870. The General Assembly used this Constitutional provision as the authority for calling a constitutional convention in the act of November 15, 1869. The convention further verified the legitimacy of employing this provision by listing it in the Preamble to the 1870 Constitution for the State of Tennessee. This 1870 Constitution, as amended, forms the basis of today's government of Tennessee.

Since the earliest days that men have formed governments in the area now known as Tennessee the concept of the people having the liberty to change government existed. One of the earliest forms of government in the area was created by the Articles of Agreement, or Compact, entered into by the settlers on the Cumberland River of May 1, 1780. This compact created a government of twelve "conscientious and deserving persons" acting as judges. This document also contains the following provision:

That as often as the people in general are dissatisfied with the doings of the Judges or Tries so to be chosen, they may call a new election at any of the said stations, and elect others in their stead, having due respect to the number now agreed to be elected at each station, which persons so to be chosen shall have the same power with those in whose room or place they shall or may be chosen to act.

Through their oath of office, the officials become obliged to allow the de jure free People of the Tennessee Republic to alter, reform, or abolish the government in such manner as they may think proper. Officials hindering this activity commit the Felony of Official oppression as defined under the authority of T.C.A. 39-16-403 (a) (2), Against the peace and the Dignity of the State.

Under the authority of Article the First in addition to, and Amendment of the Constitution for the United States of America of 1791

Congress shall make no law . . . abridging . . . the right of the people peaceably to assemble, and to petition the Government for a redress of Grievances.

Through their oath of office, the officials become obliged to allow the de jure free People of the Tennessee Republic 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 or remonstrance. Officials hindering this activity commit the Felony of Official oppression as defined under the authority of T.C.A. 39-16-403 (a) (2), Against the peace and the Dignity of the State.

The ancient and common-law Practice of Lawful Protest, today, derives its authority basis in the Uniform Act.

Under the authority of 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.

Through a Petition de Droit and Command To Show Cause the de jure free People of the Tennessee Republic may make initial protest to officials. The de jure free People of the Tennessee Republic may table as evidence the instruments being protested for dishonor in a Petition de Droit and Command To Show Cause.

Through their oath of office, the officials become obliged to allow the de jure free People of the Tennessee Republic to File a Lawful Protest as defined under the provisions of the Uniform Commercial Code. Officials hindering this activity commit the Felony of Public Misconduct as defined under the authority of T.C.A. 39-16-401. (a)(3) as the act whereby the official "Refrains from performing a duty that is imposed by law or that is clearly inherent in the nature of the public servant's office or employment". Such Public Misconduct is committed , Against the peace and the Dignity of the State.

The Grand Jury

Under the Authority of 14 Tenn. Juris, Grand Jury § 2

A grand jury is a jury of inquiry summoned and returned to each session of the criminal courts and is charged with the duty to receive complaints and accusations in criminal cases where the grand jury is satisfied a trial ought to be had.

Under the authority of T.C.A. 40-12-105 the clerk of The Superior Court of Tennessee may cause to be published, not less than thirty days, nor more than forty days before a grand jury met, a notice, in a newspaper of general circulation in the county in which the Grand Jury is to be called. The clerk of The Superior Court of Tennessee may act under the authority of the law of necessity and by order of the de jure free People of the Tennessee Republic assembled 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 or remonstrance.

Said assembly of a Grand Jury would meet under the law of necessity, since under General Order No. 8 from Fort Donelson issued February 22, 1862 Brigadier-General Grant ordered through John A. Rawlins Assistant Adjutant General, ". . . Tennessee, by her rebellion, having ignored all the laws of the United States, no courts will be allowed to act under State authority."

Under the authority of Roberts v State, 81 Tenn. (13 Lea) 258 (1884), "There is no such thing as a de facto grand jury, for the law undertakes to provide the method of selecting men who can prefer a valid indictment, and no others can do so."

Officials may be given Judicial Notice that, "At common law, a grand jury consisted of not less tan twelve nor more than twenty-three men" [Henry-Campbell: Black, Blacks Law DictionaryŽ, Sixth Edition, West Publishing Co. St. Paul Minnesota, 1990, S.V. Jury, Grand Jury]

Under the authority of Chapter 45 of Magna Charta, "We will not make Justiciaries, Constables, Sheriffs, or Bailiffs, excepting of such as know the laws of the land, and are well disposed to observe them."

Such Tennessee Republic Grand Jury Justices, lawfully assembled have a right, given by YHVH, to peacefully assemble, petition the government for a redress of grievances, and if they think it proper, alter or abolish their current system of government.

Such Tennessee Republic Grand Jury Justices, lawfully assembled may give the officials JUDICIAL NOTICE that denial of these rights, given by YHVH, as tabled above, to the de Jur free people of the Tennessee Republic constitutes the commitment of felonies, Against the peace and the Dignity of the State. Officials committing such felonies, Against the peace and the Dignity of the State, become liable for arrest and prosecution under applicable state laws.

Such Tennessee Republic Grand Jury Justices, lawfully assembled may give the officials JUDICIAL NOTICE that as defined under the Authority of T.C.A. 39-12-103(a) if two (2) or more officials, having each the culpable mental states required for denial of these rights, given by YHVH, as tabled above, to the de jur free people of the Tennessee Republic constitutes the commitment of felony of Criminal Conspiracy, Against the peace and the Dignity of the State. Officials committing such a felony, Against the peace and the Dignity of the State, become liable for arrest and prosecution under the authority applicable state laws.

The law is clear in expressing the authority of the people over those who govern them. The law explicitly states the rights of the people to petition their government for a redress of grievances. Within the realm of the law, the free people may assemble themselves into a fully functional and authoritative common-law Grand Jury. Such a lawfully assembled common-law Grand Jury may bring incitements against those who have committed felonies, AGAINST THE PEACE AND THE DIGNITY OF THE STATE. If an official attempts to obstruct or hinder the free the people from exercising the rights enumerated above, they are committing the felony of official oppression. The law makes provisions and gives conditions under which a private citizen may arrest a person who is believed to have committed a felony. The expressions and intent of the laws of Tennessee is very clear in its protection of the rights of the free people of Tennessee and the protection they enjoy of these rights.