(For Frank ‘Austin’ England III)
(Blog Masters Note: This is one of his ‘teaching’ tools, it is signed ‘Ken’ no last name.)
The Constitution is an Express Trust
The Constitution was bequeathed to us, as the posterity in the Preamble. The Preamble is not just an announcement. Webster’s 1828 defines Preamble:
1. Something previous; introduction to a discourse or writing.
2. The introductory part of a statute, which states the reasons and intent of the law.
Jacobson v. Massachusetts, 197 U.S. 11, 22 (1905).
E.g., the Court has read the preamble as bearing witness to the fact that the Constitution emanated from the people and was not the act of sovereign and independent States. McCulloch v. Maryland, 4 Wheat. (17 U.S.) 316, 403 (1819) Chisholm v. Georgia, 2 Dall. (2 U.S.) 419, 471 (1793); Martin v. Hunter’s Lessee
1 Wheat. (14 U.S.) 304, 324 (1816), and that it was made for, and is binding only in, the United States of America. Downes v. Bidwell, 182 U.S. 244 (1901); In re Ross, 140 U.S. 453, 464 (1891).
At this time, nothing could be passed on to an heir w/out falling under one of the two statutes listed below;
A Quote from the Statute of Wills, [St. 34 & 35 Hen. Vll (1542-1543) Ch.5] “Persons…shall have full and free liberty, power and authority to give, dispose, will or devise to any person or persons (Except bodies politick and corporate) by his last will and testament in writing, or otherwise by any act or acts lawful executed in his life”
Hereditaments could only be passed to a body politic, “we the people” and the peoples’ “posterity,” by way of Trust, as shown in: The Statute of Uses [St 27 Hen, vlll (1536) Ch.10]
“… that where any person or persons stand or be seised, or at any time hereafter shall happen to be seised of… etc., or other hereditaments, to the use, confidence or trust of any other person or persons, or body politic.”….
The Constitution cannot be a will, as you can see by the aforementioned statutes, as it passed hereditaments to a body politic. The bodies politic are “we the people” and the peoples’ “posterity.” Webster’s 1828 defines hereditaments as:
“Any species of property that may be inherited: lands, tenements, anything corporeal or incorporeal, real, personal or mixed, that may descend to an heir. Blackstone
A corporeal hereditament is visible and tangible; an incorporeal hereditament is an ideal right, existing in contemplation of law, issuing out of substantial corporeal property.”
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
The Preamble describes an estate held in trust. Don’t we say that our elected officials hold an office of Public Trust? That’s because the Constitution of the United States created a trust.
Trust is defined by Webster’s 1828 in three sets of definitions. In the first set under number 12, “trust” is defined as:
“In law, an estate, devised or granted in confidence that the devisee or grantee shall convey it, or dispose of the profits, at the will of another; an estate held for the use of another.”
Webester’s 1828 defines “estate” in 6 as: “The general business or interest of gov’ts; hence, a political body; a commonwealth; a republic. But in this sense, we now use state.”
The Requisites of an Express Trust.
1. It must have a competent Settlor and a Trustee. (We the People)
2. It must have an ascertainable trust res. (Blessings of Liberty)
3. It must show sufficiently certain beneficiaries. (ourselves and our posterity)
4. A trust comes into being only upon execution of an intention to create it by the party(ies) having legal and equitable control of the subject matter of the trust.
Our Forefathers were competent Settlers and had equitable control of the subject matter as the representatives of the People. The trustees and their duties are defined and established within the Articles of the Constitution. The Preamble and Constitution ascertain the trust res being passed on in the phrase, “the Blessings of Liberty.” The Preamble and the Constitution show sufficient certain beneficiaries in the phrase, “to ourselves and our posterity.”
The Preamble state an intention for which the document was created as: “in order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general welfare and secure the Blessing of Liberty.”
Does it show an intention to manifest? Absolutely. “To ordain and establish this Constitution for the United States of America.”
“An express trust, as they sometimes are called, are “direct” trusts, and are those trust intentionally created by the direct and positive act of the settlor, by some writing, deed, or will, or oral declaration.” Amer. Juris. 2d. Vol 76, §15
Our Forefather were highly educated and knew about Trusts, Hereditaments, Conveyances, Fraud, Wills and Uses. Their knowledge was implemented in drafting the Constitution, because of the Statute of Frauds.
“[St. 29 Chas. ll (1676) Ch. lll] 1. For prevention of many fraudulent practices, …6. And moreover, no devise in writing of or hereditaments…shall…be revocable, otherwise than by some other will or codicil in writing, (Form 1040 by definition is a Codicil) or other writing declaring the same… (2) but all devises and bequest of lands and tenements shall remain and continue in force, until the same be burned, cancelled, torn or obliterated by the testator, or his directions, in manner aforesaid, or unless the same be altered by some other will or codicil in writing, or writing of the devisor, signed in the presence of three or four witnesses, declaring the same; any former law or usage to the contrary notwithstanding.”
Just for emphasis, this underlined phrase shows that any will or trust created under any former law does not apply here.
The Statute Against Collusive and Fraudulent Conveyances prohibited any underhanded intent behind a conveyance of hereditaments.
“[St. 27 Eliz l (1585) Ch. 4] “the Queens most excellent Majesty…(etc.) and Bodies Politick,… may have, incur and receive great loss and prejudice by reason of fraudulent conveyances, (and etc.) (by way of) …(3) secret intent of the parties the same to be to their own proper use, and at their free disposition, (4) coloured nevertheless by fained countenance and shew of words and sentences, as though the same were made bona fide, ..” “said former conveyance, …Shall be deemed, taken and adjudged to be void, frustrate, and of none effect, by virtue and force of this present act.”
The “Bill of Rights” was not included in the Constitution (1787), because it also created an Independent Trust Res and was added four years later in 1791. It was annexed to the Constitution by way of codicil, as the amended intentions or afterthought of our Forefathers. When our Forefathers died, it became “Their Will.” Webster’s 1828 defines “codicil” as: “A writing by way of supplement to a will.“
Webster’s 1828 defines “will” in two sets of definitions. In the first set, under number 1 and 8 “will” is defined as:
1. “That faculty of the mind by which we determine either to do or forbear an action: the faculty which is exercised in deciding, among two or more objects, which we shall embrace or pursue. The will is directed or influenced by the judgment. The understanding or reason compares different objects, which operate as motives; the judgment determines which is preferable, and the will decides which to pursue. In other words, we reason with respect to the value or importance of things; we then judge which is to be preferred; and we will to take the most valuable. These are but different operations of the mind, soul, or intellectual, part of man. Great disputes have existed respecting the freedom of the will.
8. Testament; the disposition of a man’s estate, to take effect after his death. Wills are written, or nuncupative, that is, verbal.”
Under Art.V of the Constitution are the procedures for any additional amendments to be added to the original Constitutional Trust. The “Bill of Rights” was the amended intentions of our Forefathers to place further restrictive clauses and limitations upon the gov’t. These were added four years later, which would be necessary to show that a trust had already been created.
It’s clear our Forefather drafted the Constitution with the intention of creating a trust. This Union of States created an Estate, a Republic-In-Form of Gov’t, held in trust, to be passed on to the posterity. The Constitution is our legacy and we are the beneficiaries. It was bequeathed to us, as the posterity, in the Preamble.
The Constitution created a fourteenth gov’t, which is just as foreign to the thirteen original states, as they are foreign to each other. This 14th gov’t was set up under Roman Civil Law, as an international entity. It had to be set up this way in order to deal with the rest of the world commercially. The entire world is being regulated under Roman Civil Law by the international banksters, and with the changing of words and phrases, America has been duped into accepting this same form of international treatment.
We hold from God the gift which includes all others. This gift is life — physical, intellectual, and moral life. But life cannot maintain itself alone. The Creator of life has entrusted us with the responsibility of preserving, developing, and perfecting it. In order that we may accomplish this, He has provided us with a collection of marvelous faculties. And He has put us in the midst of a variety of natural resources. By the application of our faculties to these natural resources we convert them into products, and use them. This process is necessary in order that life may run its appointed course.
Life, liberty, and property do not exist because men have made law. On the contrary, it was the fact the life, liberty, and property existed beforehand those caused men to make laws in the first place.
What is law?
Federac Bastiat, was first published as a pamphlet in June 1850 and is already more than a hundred and fifty years old. Because its truths are eternal, it will still be read when another century has passed.
“What, then is law? It is the collective organization of the individual right to lawful defense.”
He goes on to say: “Each of us has a natural right — from God– to defend his person, his liberty, and his property. These are the three basic requirements of life, and the preservation of any one of them is completely dependent upon the preservation of the other two. For what are our faculties but the extension of our individually? And what is property but an extension of our faculties?
If every person has the right to defend–even by force–his person, his liberty, and his property, then it follows that a group of men have the right to organize and support a common force to protect these rights constantly. Thus the principle of collective right– its reason for existing, its lawfulness– is based on individual right.
And the common force that protects this collective right cannot logically have any other purpose or any other mission than that for which it acts as a substitute. This, since an individual cannot lawfully use force against the person, liberty, or property of another individual, then the common force–for the same reason–cannot lawfully be used to destroy the person, liberty, or property of individuals or groups.
“Such a perversion of force would be, in both cases, contrary to our premise. Force has been given to us to defend our own individual rights. Who will dare to say that force has been given to us to destroy the equal rights of our brothers? Since no individual acting, separately can lawfully use force to destroy the rights of others, does it not logically follow that the same principle also applies to the common force that is nothing more than the organized combination of the individual forces?
If this is true, then nothing can be more evident than this: The law is the organization of the natural right of lawful defense. It is the substitution of a common force for the individual forces. “And this common force is to do only what the individual forces have a natural and lawful right to do: to protect persons, liberties, and properties; to maintain the right of each, and to cause justice to reign over us all.”
The Declaration of Independence –1776
We hold these truths to be self-evident: That all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness; that, to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.
Nevada Constitution of 1864, states pertinent part:
“All men are by Nature free and equal and have certain inalienable rights among which are those of Enjoying and defending life and liberty; Acquiring, Possessing and Protecting property and pursuing and obtaining safety and happiness.”
Marymont v. Banking Board, 33 Nev. 333
“The term ‘liberty’ as used in the constitution, does not mean mere freedom from arrest or restrain, but it means liberty in a broader and more comprehensive sense. It means freedom of action; freedom in the selection of a business calling, or avocation; freedom in the control and use of one’s property, so far as its use is not injurious to the community, and does not infringe the rights of others; freedom in exercising the rights, privileges, and immunities that belong to citizens of the country generally; and freedom in the pursuit of any lawful business or calling selected by him.”
The last part of the Declaration Of Independence reads:
We, therefore, the representatives of the United States of America, in General Congress assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the name and by the authority of the good people of these colonies solemnly publish and declare, That these United Colonies are, and of right ought to be, FREE AND INDEPENDENT STATES; that they are absolved from all allegiance to the British crown and that all political connection between them and the state of Great Britain is, and ought to be, totally dissolved; and that, as free and independent states, they have full power to levy war, conclude peace, contract alliances, establish commerce, and do all other acts and things which independent states may of right do.
We know Congress is well aware of the fact that each state is independent and foreign as identified above in 28 U.S.C. § 297 “Assignment of judges to courts of the freely associated compact states.”