The Constitution - An Estate in Trust for the Heirs of Freedom :

[Trust Guy]

motla,

It is a Trust to preserve inherited Status. The Estate of Freedom being paramount. The law of Inheritance, and the order of decent distribution of such, was handed down by God. God's Law is not commercial. God's Gifts are not taxable. Man's law is commercial. Esau sold his Birth Right. Here lies duality.

The word "Posterity" was employed to avoid naming the Heirs. To do so would have been limiting and made the instrument testamentary in nature. Also to express current condition. "to Ourselves and our Posterity" indicates possession being concurrent. Had it been testamentary, the Estate would not pass until the demise of the testator.

Any property taken under a testamentary instrument ( will ) is considered purchased. All purchase is taxable.

Some info on Deeds Testamentary : http://www.jstor.org/pss/1277805 http://www.jstor.org/pss/1068433

[Trust Guy]

Actions in commerce is coined by definition to be intercourse. Is the penalty for fornication be Trustee De Son Tort?

commercial intercourse = fornication ? Pretty narrow definition. intercourse = fornication is certainly not on Webster's list.

IN'TERCOURSE, n. [L. intercursus, intercurro; inter and curro, to run.] Literally, a running or passing between. Hence,

1. Communication; commerce; connection by reciprocal dealings between persons or nations, either in common affairs and civilities, in trade, or correspondence by letters. We have an intercourse with neighbors and friends in mutual visits and in social concerns; nations and individuals have intercourse with foreign nations or individuals by an interchange of commodities, by purchase and sale, by treaties, contracts, &c.

2. Silent communication or exchange.

This sweet intercourse

Of looks and smiles.

[Trust Guy]

Ordain v. To set; to establish a particular office or order; hence, invest with ministerial function or sacerdotal (priesthood) power; to introduce and establish or settle in the pastoral office with the customary forms or solemnities; as to ordain a minister of the gospel.

(1) In America, men are ordained over a particular church and congregation or as evangelist without the charge of a particular church, or as deacons in the Episcopal church.

Strange as it may sound, the word "ordain" conveys the idea, to this writer, that the Founding Fathers were attempting to show the King of England that they were performing ministerial functions, had established a religious society, and an estate in trust for the members of that society under The Statute of Uses, Statute of Charitable Uses, and Mortmain. This line of thought was upheld, when this writer was researching this document, by the fact that the only place that the word "Constitution" appeared under any subject(18) was Religious Societies.

D. 66 Am Jur 2d Religious Societies

1. '7 Constitution, rules, and regulations. The Governing body of a religious society may adopt a constitution and prescribe rules and regulations as to the government of the society...***...

2. '8 Amendment of constitution, changes in confession of faith: So long as not contrary to the laws of the land or to the provisions of the society's old constitution, the method of submitting proposed amendments to the constitution of a religious association may be devised and proclaimed by the association's general officers.

3. ' Members, Generally; relationship and rights: The relations, rights, and obligations arising from membership in a religious society are to be determined according to the constitution, rules, or bylaws of the society, as well as by reference to the statutory provisions governing such religious bodies, since all who unite themselves to a religious body do so with an implied consent to its government and are bound by its laws, usages, and customs, and principles,...***...

True, while there are other organizations that do maintain "constitutions", the religious overtones and significance found within the Preamble, coupled with the behaviorism of the United States Government as compared to the workings of a religious societies, tells this writer that the Founding Fathers were creating a Religious Society by way of Express Trust, a society whose members could worship in any manner that pleased them and were still heirs to a fee simple absolute estate. If this be the truth of the matter, you are a member of a religious society and "bound by its laws, usages, and customs and principles". And I have never found a better description and definition of the words "PUBLIC POLICY" anywhere else. However; if as a member of this religious society, you are having Fourteenth Amendment citizenship being imposed upon you, not allowing you to access the Express Trust, then could you possibly see that your freedom of religious affiliation is being denied you? (19)

If you have a problem with the possibility of a Religion being established in the Preamble, Trusts and Trustees by Bogert, shows that religion can mean many different things:

4.The word "religion is not a term of exact meaning. It has been defined as:

a. "the endeavor to secure the conservation of socially recognized values through specific actions that are believed to evoke some agency different from the ordinary ego of the individual, or from other merely human beings, and that imply a feeling of dependence upon this agency;(20)

b. "the serious and social attitude of individuals or communities toward the power or powers which they conceive as having ultimate control over their interests and destinies;(21)

c. "faith in the conservation of values;(22)

d. "the worship of spiritual beings from a sense of need;(23)

e. "any system of faith in and worship of a divine being or beings.(24)

Whether a given set of dogmas or rules will be dignified with the name of a religion by a court does not depend upon the name which the Settlor has placed upon his trust. ...***...It would seem that the court must find some element of spiritual improvement in the plan before it can be properly termed a religion. 66 Am Jur 2d Religious Societies, also revealed other interesting features regarding the Trusts of such societies:

5. '48 Determination of nature and existence of trust: In determining whether a trust has been created by a conveyance of property to a religious society, the same rules will be applied as are applicable in the construction of wills. The deed, if any, creating the trust is the primary source for ascertaining what was the form of worship and the doctrine intended by the foundation. Where there is no specific designation in the deed as to the particular religious tenets or doctrines which the gift is to be used to advance or support, the denominational name may indicate the nature of the trust, so far as respects doctrines admitted to be fundamental.

Please take note that "the same rules will be applied as are applicable in the construction of wills" to a trust created by deed, this is very important. The construction of "wills" is being applied to our trust, to the Articles, and to the Amendments. The Government is applying the Fourteenth Amendment as a will provision based upon this construction, and not knowing any better everyone is going along with it. No one has brought up the fact that it is a trust and deed. Whenever there is a deed mentioned in a conveyance, wills go along in the same breath, they go hand in hand.

If the Founding Fathers intent behind the Preamble, was to create a Religious society in Trust by Deed, whose members were free to worship as they wished, they made it perfectly clear in the First Amendment to the Constitution. Not the last, the first. Religion was foremost on their minds, and I am absolutely convinced that a charitable trust to protect religious beliefs, by deed was created in the Preamble. However; the Statute of Charitable Uses (43 Eliz. c 4, 1601) only recognized trusts for the repair of churches not the creation of a church, but that does not mean that the Founding Fathers couldn't get around that little problem by making the trust appear to be something other than what it was.
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Footnotes :

18. , Corporations, trusts, wills, deeds, charities, Religious Societies, Estates, Dower and Curtsy, Title 26, Title 31, etc.

19. Great Theory, now let's get out there and prove it.

20. " W.K. Wright, Philosophy of Religion, P. 47.

21. " J. B. Pratt, The Religious Consciousness, P. 2.

22. " H. Hoffding, Philosophy of Religion, P. 98.

23. " Menzies, History of Religion.

24. " Century Dictionary

[motla68]

motla,

It is a Trust to preserve inherited Status. The Estate of Freedom being paramount. The law of Inheritance, and the order of decent distribution of such, was handed down by God. God's Law is not commercial. God's Gifts are not taxable. Man's law is commercial. Esau sold his Birth Right. Here lies duality.

The word "Posterity" was employed to avoid naming the Heirs. To do so would have been limiting and made the instrument testamentary in nature. Also to express current condition. "to Ourselves and our Posterity" indicates possession being concurrent. Had it been testamentary, the Estate would not pass until the demise of the testator.

Any property taken under a testamentary instrument ( will ) is considered purchased. All purchase is taxable.

Some info on Deeds Testamentary : http://www.jstor.org/pss/1277805 http://www.jstor.org/pss/1068433

I like the first paragraph, no argument there.

Posterity though it has to be specified, posterity of Abraham or posterity in the estate created by man for commercial purposes?
From the Encyclopedia Britannica:the Constitution made no reference to a divine being, Christian or otherwise, and the First Amendment explicitly forbade the establishment of any official church or creed.

Purchase has already been made by Yashuwah, if your first paragraph is true then it would make the foregoing statement about any further purchase made a mute issue.
But if you want to go down the path of purchase and tax anyway, that has been done as well, such example is the Louisiana purchase, if all the land is already been purchased then why are some people having to do the dance with bankers?
See page 2 of the following linked document:

https://docs.google.com/viewer?a=v&pid=explorer&chrome=true&srcid=0BxLUZd1PWAf2MGMwMzljOTQtZGZiZC00MGVkLWFiYmEtZTAyZDVkYWU3NzYw&hl=en&authkey=CMfv6uQO

Se there where is says the money is really not needed?

Not all purchases are taxable, especially if your a native american like myself. Certain places give you exemption cards when making purchases if this is your status.

You can basically call a deed as in the office of the dead as it once was, county records were once kept in the coroners office of accounting. If I am living through the spirit then what liability do I have to dead wood called paper?
Office of the dead: http://en.wikipedia.org/wiki/Office_of_the_Dead
" The office of Coroner was formally established in England by Article 20 of the "Articles of Eyre" in September 1194 to "keep the pleas of the Crown" (Latin, custos placitorum coronas) from which the word "coroner" is derived.[7] This role provided a local county official whose primary duty was to protect the financial interest of the crown in criminal proceedings."

http://en.wikipedia.org/wiki/Coroner

[motla68]

commercial intercourse = fornication ? Pretty narrow definition. intercourse = fornication is certainly not on Webster's list.

IN'TERCOURSE, n. [L. intercursus, intercurro; inter and curro, to run.] Literally, a running or passing between. Hence,

1. Communication; commerce; connection by reciprocal dealings between persons or nations, either in common affairs and civilities, in trade, or correspondence by letters. We have an intercourse with neighbors and friends in mutual visits and in social concerns; nations and individuals have intercourse with foreign nations or individuals by an interchange of commodities, by purchase and sale, by treaties, contracts, &c.

2. Silent communication or exchange.

This sweet intercourse

Of looks and smiles.

Fornication;
But this word is more frequently used in a symbolical than in
its ordinary sense. It frequently means a forsaking of God or a
following after idols (Isa. 1:2; Jer. 2:20; Ezek. 16; Hos. 1:2;
2:1-5; Jer. 3:8,9).
1913 Websters Dictionary

INTERCOURSE. Communication; commerce; connexion by reciprocal dealings
between persons or nations, as by interchange of commodities, treaties,
contracts, or letters.
1913 Websters Dictionary

[Trust Guy]

motla,

We're dealing with the law and language of the time. Any application of law settled afterward would be auxiliary at best. The study was to establish the nature of the Constitution at the time. It is the foundation.

Let’s cover points needed to clarify use of the word “Posterity”.
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The importance of charitable trusts comes into play with our Express Constitutional Trust created by the Preamble. The Founding Fathers, being at effect of the English common law had to create something that would last and still be valid under the law of England.

A. A trust is charitable if it is made for a charitable purpose and the ultimate recipients constitute either the community as a whole or an indefinite portion thereof(36)

B. A charitable trust has similarly been defined as a gift in trust for the benefit of the public(37)

C. "A bequest is charitable if it is made for a charitable purpose, its aims and accomplishments are of religious, educational, political, or general social interests to mankind and the ultimate recipients constitute either the community as a whole or an unascertainable and indefinite portion thereof".(38)

The above definitions define and describe the trust established by the Constitutional Express Trust that should apply to us. However, Fourteenth Amendment citizens may be the "public" but they are not the "people", nor are they the posterity, nor are they the heirs or beneficiaries, they cannot receive the charitable benefits of the Express Trust. Why?

D. "Charity begins where certainty in beneficiaries ends, for it is the number and uncertainty of the objects, and not the mode of relieving them, which forms the essential element of a charity."(39)

[ Note : This is why the Heirs could not be named. Had they been named the element of certainty would be established ]

If this be the case, you may well re-read the above as...Charity ends where certainty of the beneficiaries begins. The Charitable purposes of the Preamble of the Constitution ENDS with the designation of the Fourteenth Amendment citizen.

E. "The following interests are not subject to the common law rule against perpetuities(40)

1. Present interests in possession

2. Charitable trusts

F. "The general rule that a gift for charitable purposes of permanent interest and benefit to the public may be perpetual in it duration and is not within the rule against perpetuities.(41)

G. "The general test of the nature of a trust as charitable is whether the accomplishment of the trust purpose is of a social interest to the community as to justify permitting property to be devoted to the purpose in PERPETUITY."(42)

If the Constitutional Trust was not a charitable trust it would be subject to the rule against perpetuities, which it is not.
__________________________________________________ ____

Footnotes :

36. . Estate of McKenzie, 227 Cal App 2d 167, 38 Cal Rptr 496; Ellert v Cogswell 113 Cal 129, 45 P 270.

37. . Estate of Schloss, 56 Cal 2d 248, 363 P2d 875; Re Estate of Sutro, 155 CAL 727, 102 P 920.

38. Estate of Henderson, 17 Cal 2d 853, 112 P2d 605; Estate of Mc Kenzie, infra.

39. Russell v Allen, 107 US 163, 2 S Ct 327; Beatty v Kurtz 27 US 566; Re Estate of Coleman, 167 Cal 212, 138 P 992.

40. : Survey of the Law of Property, Smith & Boyer Second Edition, Library of Congress Catalog Card No. 76-142383.

41. " 15 Am Jur 2d Charities '18.

42. Evans v Newton, 382 US 296, 15 L Ed 2d 373, 86 S Ct 486, on remand 221 Ga 870, 148 SE2d 329 (separate opinion).

[motla68]

As the Statute of Uses has come up, now would be a good time to touch upon the Constitution’s Religious Intent.
-----------------------------------

From the Encyclopedia Britannica:
Although the Declaration of Independence mentioned “Nature’s God” and the “Creator,” the Constitution made no reference to a divine being, Christian or otherwise, and the First Amendment explicitly forbade the establishment of any official church or creed.

[Trust Guy]

Many are not aware that “The Law of Nature and Nature’s God” is the title of an actual book on Natural Philosophy. A pretty big tome. It’s also hard to come by. Even the LONANG Library does not have it listed among their copious resources. http://www.lonang.com/index.html

Our Compatriot Otis was able to get a copy, after months of waiting, from the Antelope Valley Public Library.

As it is referred to by name in the Declaration of Independence, it may be “included in entirety herein by reference”, as legal brief language allows.

[Trust Guy]

[motla68]

motla,

We're dealing with the law and language of the time. Any application of law settled afterward would be auxiliary at best. The study was to establish the nature of the Constitution at the time. It is the foundation.

Let’s cover points needed to clarify use of the word “Posterity”.
-------------------------------------------------------------------------------

The importance of charitable trusts comes into play with our Express Constitutional Trust created by the Preamble. The Founding Fathers, being at effect of the English common law had to create something that would last and still be valid under the law of England.

A. A trust is charitable if it is made for a charitable purpose and the ultimate recipients constitute either the community as a whole or an indefinite portion thereof(36)

B. A charitable trust has similarly been defined as a gift in trust for the benefit of the public(37)

C. "A bequest is charitable if it is made for a charitable purpose, its aims and accomplishments are of religious, educational, political, or general social interests to mankind and the ultimate recipients constitute either the community as a whole or an unascertainable and indefinite portion thereof".(38)

The above definitions define and describe the trust established by the Constitutional Express Trust that should apply to us. However, Fourteenth Amendment citizens may be the "public" but they are not the "people", nor are they the posterity, nor are they the heirs or beneficiaries, they cannot receive the charitable benefits of the Express Trust. Why?

D. "Charity begins where certainty in beneficiaries ends, for it is the number and uncertainty of the objects, and not the mode of relieving them, which forms the essential element of a charity."(39)

[ Note : This is why the Heirs could not be named. Had they been named the element of certainty would be established ]

If this be the case, you may well re-read the above as...Charity ends where certainty of the beneficiaries begins. The Charitable purposes of the Preamble of the Constitution ENDS with the designation of the Fourteenth Amendment citizen.

E. "The following interests are not subject to the common law rule against perpetuities(40)

1. Present interests in possession

2. Charitable trusts

F. "The general rule that a gift for charitable purposes of permanent interest and benefit to the public may be perpetual in it duration and is not within the rule against perpetuities.(41)

G. "The general test of the nature of a trust as charitable is whether the accomplishment of the trust purpose is of a social interest to the community as to justify permitting property to be devoted to the purpose in PERPETUITY."(42)

If the Constitutional Trust was not a charitable trust it would be subject to the rule against perpetuities, which it is not.
__________________________________________________ ____

Footnotes :

36. . Estate of McKenzie, 227 Cal App 2d 167, 38 Cal Rptr 496; Ellert v Cogswell 113 Cal 129, 45 P 270.

37. . Estate of Schloss, 56 Cal 2d 248, 363 P2d 875; Re Estate of Sutro, 155 CAL 727, 102 P 920.

38. Estate of Henderson, 17 Cal 2d 853, 112 P2d 605; Estate of Mc Kenzie, infra.

39. Russell v Allen, 107 US 163, 2 S Ct 327; Beatty v Kurtz 27 US 566; Re Estate of Coleman, 167 Cal 212, 138 P 992.

40. : Survey of the Law of Property, Smith & Boyer Second Edition, Library of Congress Catalog Card No. 76-142383.

41. " 15 Am Jur 2d Charities '18.

42. Evans v Newton, 382 US 296, 15 L Ed 2d 373, 86 S Ct 486, on remand 221 Ga 870, 148 SE2d 329 (separate opinion).

Not charitable, it was a surrender:


Articles of Confederation
XIII.

Every State shall abide by the determination of the United States in Congress assembled, on all questions which by this confederation are submitted to them. And the Articles of this Confederation shall be inviolably observed by every State, and the Union shall be perpetual; nor shall any alteration at any time hereafter be made in any of them; unless such alteration be agreed to in a Congress of the United States, and be afterwards confirmed by the legislatures of every State.

What I did is try to track down these elusive terms of union and perpetual, the first thing found was this:

CONSOLIDATION, civil law. The union of the usufruct with the estate out of which it issues, in the same person which happens when the usufructuary acquires the estate, or vice versa. In either case the usufruct is extinct. In the common law this is called a merger. Ley. El. Dr. Rom. 424. U. S. Dig. tit. Actions, V.

There is that word that keeps popping up again, "usufruct" also used in the same sentence as the word union. So I had to go back to the time of Lincoln remembering that he also used the words perpetual and union and from past research in relation to usufruct. 2 very interesting things to note here:

1. The south and the north after the Civil War became one, what word is often used to describe this? Looking back on my previous search the word Consolidate also means to bring 2 entities together so the latter term use probably would mean Consolidated and the south did have to surrender, so seems to fit to me.

2. Another intent that Lincoln said was the intent to create a more perfect union, remembering what I read about usufruct, lets take a look:

usufruct;
3. Usufructs are of two kinds; perfect and imperfect. Perfect usufruct, which is of things which the usufructuary can enjoy without altering their substance, though their substance may be diminished or deteriorated naturally by time or by the use to which they are applied; as a house, a piece of land, animals, furniture and other movable effects. Imperfect or quasi usufruct, which is of things which would be useless to the usufructuary if be did not consume and expend them, or change the substance of them, as money, grain, liquors. Civ. Code of Louis. art. 525, et seq.; 1 Browne's Civ. Law, 184; Poth. Tr. du Douaire, n. 194; Ayl. Pand. 319; Poth. Pand. tom. 6, p. 91; Lecons El. du Dr. Civ. Rom. 414 Inst. lib. 2, t. 4; Dig. lib. 7, t. 1, 1. 1 Code, lib. 3, t. 33; 1 Bouv. Inst. Theolo. ps. 1, c. 1, art. 2, p. 76.

There is nothing really sweet about it, we have to engage a force out of necessity for our basic life. liberty and happiness. To act in the statutes of one entity waives your rights in another.

Well I do not know about you, but it seems to me that Lincoln would have saved us all a lot of aggravation if he would have just said: " a more perfect usufruct" , would you say?
Those who make a war like claim such as titles on a thing must inherit the suffrage of it's liabilities.

[motla68]

Many are not aware that “The Law of Nature and Nature’s God” is the title of an actual book on Natural Philosophy. A pretty big tome. It’s also hard to come by. Even the LONANG Library does not have it listed among their copious resources. http://www.lonang.com/index.html

Our Compatriot Otis was able to get a copy, after months of waiting, from the Antelope Valley Public Library.

As it is referred to by name in the Declaration of Independence, it may be “included in entirety herein by reference”, as legal brief language allows.

Thank you, this might make for some interesting reading when I get a chance.

[Trust Guy]

motla,

You’re quite welcome. A lot of good resource there.

“At Law and of Necessity” , another of my favorite conditional endorsements. Judges just plain shut down with that one. At least in my limited experience.

It should be kept in mind that Trust Law is in the Private realm. Somewhere I have cites stating that if the matter of Trust arises in a court case, all action stops until such is addressed in the instant case. I think this is where some people who have asked if the Judge is Trustee in the matter have found the proceedings in limbo.

[Trust Guy]

Let’s back up a moment and look at the Treaty of Paris.

Article 1

His Britannic Majesty acknowledges the said United States, viz., New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia, to be free sovereign and independent states, that he treats with them as such, and for himself, his heirs, and successors, relinquishes all claims to the government, propriety, and territorial rights of the same and every part thereof.
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Question : What was “every part there of” ? Did not the original Colonies and Plantation Estates have a local authority ? Did not Sir Walter Raleigh hold Royal Patent ? William Penn absolute proprietorship from 1681 forward ? I submit the local authority was part and parcel with “every part”. All Charters and Patents were spoils of war. Every jot and title.
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Article 7

There shall be a firm and perpetual peace between his Britannic Majesty and the said states, and between the subjects of the one and the citizens of the other, wherefore all hostilities both by sea and land shall from henceforth cease.
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Well, how long did that last ? 1812 anyone ?

[motla68]

Let’s back up a moment and look at the Treaty of Paris.

Article 1

His Britannic Majesty acknowledges the said United States, viz., New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia, to be free sovereign and independent states, that he treats with them as such, and for himself, his heirs, and successors, relinquishes all claims to the government, propriety, and territorial rights of the same and every part thereof.
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Question : What was “every part there of” ? Did not the original Colonies and Plantation Estates have a local authority ? Did not Sir Walter Raleigh hold Royal Patent ? William Penn absolute proprietorship from 1681 forward ? I submit the local authority was part and parcel with “every part”. All Charters and Patents were spoils of war. Every jot and title.
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Article 7

There shall be a firm and perpetual peace between his Britannic Majesty and the said states, and between the subjects of the one and the citizens of the other, wherefore all hostilities both by sea and land shall from henceforth cease.
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Well, how long did that last ? 1812 anyone ?

Yeah, only thing is it does not stop there, there is many layers of trusts, some we can find and others are Like you said private trusts that we will not see, at least not to most of the people.
http://www.ssa.gov/international/Agr....html#adminarr

But really, how can one man ever hope to keep up with all their changes every year?

[Michael Joseph]

Yeah, only thing is it does not stop there, there is many layers of trusts, some we can find and others are Like you said private trusts that we will not see, at least not to most of the people.
http://www.ssa.gov/international/Agr....html#adminarr

But really, how can one man ever hope to keep up with all their changes every year?

Psa 2:10 Be wise now therefore, O ye kings: be instructed, ye judges of the earth.

Psa 2:11 Serve the LORD with fear, and rejoice with trembling.

Psa 2:12 Kiss the Son, lest he be angry, and ye perish from the way, when his wrath is kindled but a little. Blessed are all they that put their trust in him.


but understand that we have man-kings because God allows it. Do not usurp those trusts as the estate is not ours it is held in trust by a trustee. but notice those states cannot exist and do not exist except by the Providence of God.