Law:
Historical Books of Authority:
FOUNDING DOCUMENTS

(These are extremely important, as they can undoubtedly prove the INTENT of the Congress, that All Land Titles are Allodial in America.
(Note: I did not say Deeds, but Titles)

Patent / Grants / Allodial Title: Thomas Jefferson's Letter to Edmund Pendleton August 13, 1776
"The opinion that our lands were Allodial possessions is one which I have very long held, and had in my eye during a pretty considerable part of my law reading which I found always strengthened it."

Downloadable PDF's from these Founding Documents, from the National Archive, are provided here for you. These are pages of So much Interest to me, that I have ordered Certified Copies to record in County Clerk's Office

"ANNUAL REPORT OF THE COMMISSIONER OF GENERAL LAND OFFICE MADE TO THE SECRETARY OF THE INTERIOR FOR THE YEAR 1870"
This Report is where everything begins…. with this initial report started with the Commissioner of the General Land Office.

Annual Report Title Page.pdf Sub-Titled:  American Land Titles - Allodial Tenures

(around page 8 of the PDF of Google Digitized Book) is entitled
"ANNUAL REPORT OF THE COMMISSIONER OF GENERAL LAND OFFICE MADE TO THE SECRETARY OF THE INTERIOR FOR THE YEAR 1870"
which is Page Numbers 28 and 29 of this Report on upper Left/Right corner of page - which is approx. Pages 39-40 on the PDF of the Digitized Book.

"THIRD SESSION, FORTY-FIRST CONGRESS EXECUTIVE DOCUMENTS REPORT OF THE SECRETARY OF THE INTERIOR TO CONGRESS 1870"

●  I have ordered PDFs of the following Certified Copies of from National Archive of the following pages of Interest, with which to record in County Clerk's Office

REPORT TO THE SECRETARY OF THE INTERIOR TO CONGRESS, 1870 - Book's Title Page, around page 8 on PDF

"3rd session, 41st, Executive Documents in 12 volumes, printed by order of the House of Representatives pages 28-29, vol. 4, No. 1, Interior: Part 1"

(from the PDF provided pages 89-90, with upper right hand page of book, pages 28 and 29)

"ORGANIC ACTS FOR THE TERRITORIES OF THE UNITED STATES with Notes Thereon, Compiled From Statutes At Large Of The United States"
Also, APPENDIXES Comprising Other Matters Relating To The Government Of The Territories Washington: Government Printing Office - 1900

PDF from National Archive of pages of Interest, that I have ordered Certified Copies of to record in County Clerk's Office

Organic Acts Title Page.PDF (about page 8 of the PDF page of Google's Digitized Book), and is entitled:

Organic Acts Ordinance 1787.PDF On the upper left/right corner of the page, I ordered page 269 - 273 (4 pages) which on the Google Digitized book, are numbered 278-282

Also, in this same book, I ordered Section Entitled: Territory of New Mexico It starts on the PDF page numbers of the digitized book pages 102 - 110 which, on the upper left/right page number printed on the actual book page- is pages 93 - 101 = (7 pages)

"INDEX TO THE EXECUTIVE DOCUMENTS OF THE HOUSE OF REPRESENTATIVES FOR THE THIRD SESSION OF THE FORTY-SIXTH CONGRESS 1880- 81" IN 30 VOLUMES VOLUME 25 - NO. 47, PARTS 1 AND 4 WASHINGTON: GOVERNMENT PRINTING OFFICE 1881"

This book, is also known as the Congressional Serial Set, and is considered to be the forerunner to the Federal Register.

Selected PDF's of Congressional Serial Set from National Archive, that I have ordered Certified Copies of - to record in County Clerk's Office
On PDF page 12 of 799, there is a Title Page: Index to the Executive Documents of the House of Representatives for the Third Session of the Forty-Sixth Congress 1880 - 81 in 30 volumes Volume 25 - No. 47, parts 1 and 4 Washington: Government Printing Office 1881
On PDF page 20, there is a Title Page THE EXISTING LAWS OF THE UNITED STATES // SURVEY AND DISPOSITION OF THE PUBLIC LANDS
On PDF page 22, there is another Title Page, ORGANIZATION.  COMMITTEES AND PUBLICATIONS OF THE PUBLIC LAND COMMISSION
On PDF page 24 through PDF page 26 shows FINAL REPORT OF THE PUBLIC LAND COMMISSION
On PDF page 30, there is a PREFACE page
On PDF page 122, there is a SEC. 244. talking about Homesteads
On PDF page 190, there is CHAPTER FOURTEEN on WATER RIGHTS through PDF page 192
On PDF page 226, there is a Title Page - THE PUBLIC DOMAIN. ITS HISTORY, WITH STATISTICS
On PDF page 228 - 230 there is the ORGANIZATION.  COMMITTEES AND PUBLICATIONS OF THE PUBLIC LAND COMMISSION & TABLE OF CONTENTS
On PDF page 232, there is CHAPTER 1 through PDF page 249 gives the BOUNDARIES OF NATIONAL DOMAIN, CONTROL OF PUBLIC DOMAIN
On PDF page 351 through PDF page 369, it discusses the Annexation of Texas
On PDF page 377 through PDF page 390, it talks about THE ORDINANCE OF 1787
ON PDF page 682 through PDF page 684, it talks about TEXAS
and last but not least, where I started asking about copies:
ON PDF page 712 CHAPTER XXXIV  TENURES IN AMERICAN COLONIES which goes from PDF page 712 through PDF page 713

THIS Entire Selection of Digitized Books is available for download at: Googlebooks

THE CONSTITUTION OF THE UNITED STATES - JOHN RANDOLPH TUCKER (1899)

AMERICAN PUBLIC LANDS COUNCIL_TPL_ BASIC_FACTS_HANDBOOK

JURISDICTION OVER FEDERAL AREAS WITHIN THE STATES as submitted to Attorney General and transmitted to President June 1957

TEXAS STATE ARCHIVE LIBRARY - DEEDS OF CESSION OF PROPERTY AND JURISDICTION:

The records, filed with the Texas Secretary of State's Statutory Documents Section, comprise deeds to property, title abstracts, deeds of cession of jurisdiction, and other documents which legally transfer title of property AND jurisdiction between the state of Texas and other parties, including private individuals, corporations, local governments, and the federal government of the United States.

TEXAS VERNON STATUTES: Property 2012 (Texas Title Exam Standards.pdf)

ACKNOWLEDGMENT AND PROOF of WRITTEN INSTRUMENTS OF TEXAS Russell Whitelaw Houk

This book called "The Authentication Acknowledgment Proof of Written Instruments under The Various Laws Which Have Been In Force in Texas From Her Earliest History To The Present Time" by Russell Whitelaw Houk of the Houston Bar, Published by Bancroft-Whitney Company, in San Francisco, Law Publishers and Law Booksellers 1905. and found this Act about Certificates which Must Comply With Laws in Force At Time Certificate Is Made.

Wheaton's Elements of International Law -

Wallace v Harmstad 44 Pa. 492 (1863) is about the subject of Land Rents, (taxation)

194 Ground Rents
Ground rents are rent service, of which distress is a necessary incident; but a grantor who has not reserved his rent by a valid deed cannot enforce it, because the statute of quia emptores, which would have converted the rent service into a rent charge, is not in force here, and it cannot exist independently of the deed, because titles in this state are allodial, and not feudal.

*7
(Cite as: 1863 WL 4732, *7 (Pa.))
Our question, then, narrows itself down to this: is fealty any part of our land tenures? What Pennsylvanian ever obtained his lands by “openly and humbly kneeling before his lord, being ungirt, uncovered, and holding up his hands both together between those of the lord, who sat before him, and there professing that he did become his man from that day forth, for life and limb, and earthly honour, and then receiving a kiss from his lord?” This was the oath of fealty which was, according to Sir Martin Wright, the essential feudal bond so necessary to the very notion of a feud.

…and the court concludes the estate was strictly allodial, and that Arrison retained only what was expressed in the deed.

In order, therefore, to ascertain what is granted, we must first ascertain what is included in the exception, for whatever is included in the exception is excluded from the grant. Greenleaf v. Birth - Justice Story (1832)

Constitutions, (Several of them) Preamble, Bill of Rights,
Common Law
Treaties - Treaty of Guadalupe Hidalgo
Mexican cession and " Kearney’s Code"

CHAIRMAN’S FINAL REPORT CONCERNING THE NOVEMBER 13 SUBCOMMITTEE ON FORESTS AND FOREST HEALTH HEARING IN ELKO, NEVADA HON. JIM GIBBONS OF NEVADA IN THE HOUSE OF REPRESENTATIVES Monday, October 23, 2000

CONGRESSIONAL RECORD—Extensions of Remarks October 23, 2000  on a side note as concerns the Guadalupe-Hidalgo Treaty:

there was in fact a stipulation in effect under what is referred to as Kearney's Code, which stands still today that the Fed does not have enforcement authority over territory or other property the subject of which is under the then existing Treaty(ies) in pertinent part to wit:

I. Breaking Down the Principles of Ownership A. The law prior to Nevada Statehood.

1. The Mexican cession and "Kearney’s Code."

Nevada became a state on October 30, 1864. Prior to that time the area in question was part of the territory of Nevada. The territory of Nevada had been created out of the western portion of the territory of Utah. Utah Territory has been a portion of the Mexican cession resulting from the Mexican War of 1845–46. U.S. Brigadier General of the Army of the West, Stephen Watts Kearney, instituted an interim rule, commonly referred to as "Kearney’s Code," over the ceded area pending formal treaty arrangement between the U.S. and Mexico. The Mexican cession was formalized two years later with the Treaty of Guadalupe Hidalgo, February 2, 1848.

3. Only the states possess the authority to define property.

As a general proposition, the United States, as opposed to the several states, is not possessed of a residual authority enabling it to define property in the first instance.

The United States has performed the role of agent over lands which are lawfully owned by the union of states, or the United States. Individual States in the southwest, established laws deriving from local custom and court decisions (common law) for determining property rights. These were the local laws, customs, and decisions of the court affirmed by Congress in the Act of July 26, 1866. The Act extended this principle to all the western states and conferred a license on settlers to develop property rights in both the mineral estates and surface estate of the mineral lands of the United States.

4. The Act for Surveying Public Lands of June 4, 1897, also known as the Forest Reserve Organic Act which excluded all lands within Forest Reserves more valuable for agriculture and mining and guaranteed rights to access, the right to construct roads and improvements, the right to acquire water rights under state law, and continued state jurisdiction over all persons and property within forest reserves.

2. The courts insist that these laws must be read on pari materia (all together).

The courts have stated repeatedly that laws relating to the same subject (such as land disposal laws) must be read in pari materia (all together). In other words, FLPMA or any other land disposal act cannot be read as if it stands alone. It must be read together with all its parts and with every other prior land disposal act of Congress if the true intent of the act is to be known.

3. Each of these Acts contain "savings" clauses protecting existing right, including FLPMA.

All acts of Congress, relating to land disposal contain a savings clause protecting prior existing rights. FLPMA contains a savings clause protecting prior existing property rights. There is an obvious reason for this. Any land disposal law passed by Congress without a savings clause would amount to a "taking" of private property without compensation. This could trigger litigation against the United States and monetary liability on the part of the U.S.

The Presidential Executive Order which created the Humboldt National Forest contained a savings clause, protecting all existing rights and excluding all land more valuable for agriculture and mining. The Road was in existence long before there was a Humboldt National Forest. The Road was a prior existing right, having been confirmed by the Act of 1866 and related subsequent acts of Congress as well as court decisions. The Road was never a part of the Humboldt National Forest, and could not be made a part of the Humboldt National Forest without triggering the Fifth Amendment of the Constitution of the United States dealing with "takings" and "compensation."

Jarbidge Wilderness Area also contained a savings clause protecting prior existing rights.

B. The United States makes errant arguments claiming ownership of the Road.

1. The U.S. argument regarding "public lands" resulting from Mexican cession logically fails on its face.

The U.S. argues that the Mexican cession of 1846, ratified in the Treaty of Guadalupe Hidalgo in 1848, conveyed the Road and the land of the Road crosses to the United States, which some 150 years later remain "public land" unencumbered by private rights. If this argument is valid, the myriad other roads, highways, towns, cities, ranches, farms, mines and other private property which did not exist in the southwest in 1846 but which exists today also remain the sole property of the United States.

One cannot logically reach the first conclusion without accepting the later.

2. The true nature of "public lands."

"Public Lands" are "lands open to sale or other dispositions under general laws, lands to which no claim or rights of others have attached." The United States Supreme Court has stated: "It is well settled that all land to which any claim or rights of others has attached does not fall within the designation of public lands."  FLPMA defines "public lands" to mean "any land and interest in land owned by the United States within the several states and administered by the Secretary of the Interior through the Bureau of Land Management." The mineral estate of lands within the exterior boundaries of National Forests are administered by the Secretary of the Interior through the Bureau of Land Management.

CONCLUSION

As laid out in this report and in the hearing record, un-rebutted evidence presented in the Road dispute clearly demonstrates that the United States and its agent, the US Forest Service, have no claim to ownership of the Road. Control of property rights to the road clearly vests in the state of Nevada and Elko County on behalf of the public who created the road under the general right-of-way provisions of the Act of 1866. Even if Elko County disclaimed any interest in the road, the individual owners whose mines, ranches and other property are accessed by the road may have a compensable property right in the road.

Federal rules and regulations cannot extinguish property which derives from state law.

For the USFS to implement regulations under the Endangered Species Act, Clean Water Act or any other federal authority, which would divest citizens of their property is to trigger claims for compensation by the affected citizens. For the USFS to institute criminal action against Elko County for exercising its lawful jurisdiction over the road and the land adjacent to the Road is a usurpation of power upon which the US Supreme Court has long since conclusively ruled.

There is A LOT MORE meat in this and deserves a good read........ 
 


Forever!

Genesis 13:15 (NASB)
for all the land which you see, I will give it to you and to your descendants forever.

Exodus 32:13
"Remember Abraham, Isaac, and Israel, Your servants to whom You swore by Yourself, and said to them, 'I will multiply your descendants as the stars of the heavens, and all this land of which I have spoken I will give to your descendants, and they shall inherit it forever.'"

Joshua 14:9
"So Moses swore on that day, saying, 'Surely the land on which your foot has trodden will be an inheritance to you and to your children forever, because you have followed the LORD my God fully.'

1 Chronicles 28:8
"So now, in the sight of all Israel, the assembly of the LORD, and in the hearing of our God, observe and seek after all the commandments of the LORD your God so that you may possess the good land and bequeath it to your sons after you forever.

2 Chronicles 20:7
"Did You not, O our God, drive out the inhabitants of this land before Your people Israel and give it to the descendants of Abraham Your friend forever?

Ezra 9:12
'So now do not give your daughters to their sons nor take their daughters to your sons, and never seek their peace or their prosperity, that you may be strong and eat the good things of the land and leave it as an inheritance to your sons forever.'

Psalm 37:29
The righteous will inherit the land And dwell in it forever.

Isaiah 60:21
"Then all your people will be righteous; They will possess the land forever, The branch of My planting, The work of My hands, That I may be glorified.

Jeremiah 7:7
then I will let you dwell in this place, in the land that I gave to your fathers forever and ever.

Jeremiah 25:5
saying, 'Turn now everyone from his evil way and from the evil of your deeds, and dwell on the land which the LORD has given to you and your forefathers forever and ever;

Ezekiel 37:25
"They will live on the land that I gave to Jacob My servant, in which your fathers lived; and they will live on it, they, and their sons and their sons' sons, forever; and David My servant will be their prince forever.