Brief prepared by Paul John Hansen as Aiding Counsel.
TO THE DISTRICT COURT OF SHERIDAN COUNTY, NEBRASKA
LANCE R. JESSE and SHARON J. ) Case No. CI 13-16
JESSE, husband and wife, )
)
Plaintiffs, )
)
VS. ) Territorial Jurisdiction
) Challenge
EDMOND R. JESSE and )
KATHLEEN M. JESSE, husband )
and wife, )
)
alleged Defendants. )
The Signed, Edmond R. Jesse and Kathleen M. Jesse, as ‘free inhabitants’ as the term is used in the Articles of Confederation 1777, now challenges the Plaintiffs to produce evidence on the record of the following:
a. Proof that the land claimed, as owned, by the Plaintiff, is land that is a possession or territory of the United States.
b. Proof that the above captioned court has jurisdiction over land that is not a possession or territory of the United States.
c. Proof that the land claimed, as owned, by the Plaintiff, is land that is in the scope of jurisdiction of the DISTRICT COURT OF SHERIDAN COUNTY, NEBRASKA, as captioned, as utilized by the Plaintiff.
d. Proof that the DISTRICT COURT OF SHERIDAN COUNTY, NEBRASKA, as captioned, has jurisdiction on land that is not a possession or territory of the United States.
e. Plaintiff’s attorney has authority to practice law by his license on land that is not a possession or territory of the United States, and that the licensed attorney has permissions to apply State statutes / written law of Nebraska upon the subject land that is not a possession or territory of the United States.
f. That Plaintiff’s own the subject property in their private capacity.
Edmond R. Jesse and Kathleen M. Jesse demands that this action/motion RESTITUTION OF PREMISES, as brought by Plaintiffs, this day of March 26, 2013, be discontinued until Plaintiffs provide this Court with sufficiency of territorial jurisdiction, and standing as owner, to invoke the Courts general jurisdiction, and subject matter jurisdiction.
See attached – Memorandum of Fact, Agreement, and Law, Supported by Affidavit, with notice of damages, with NOTICE. The judge is to take judicial notice of the written law and applicable case law in the presented Memorandum of Law.
Prepared and presented by _____________________ Edmond R. Jesse
and
Prepared and presented by ____________________ Kathleen M. Jesse
1838 405th Trl
Ellsworth, NE 69340
308-762-1717
Certificate of Service
CURTISS, (Terry) MORAVEK & CURTISS, PC, LLO
ATTORNEYS AT LAW
416 NIOBRARA AVENUE – P.O. Box 460
ALLIANCE, NEBRASKA 69301-0460
TELEPHONE: 308-762-1710
FAX 308-762-1712
TO THE DISTRICT COURT OF SHERIDAN COUNTY, NEBRASKA
LANCE R. JESSE and SHARON J. ) Case No. CI 13-16
JESSE, husband and wife, )
)
Plaintiffs, )
)
VS. ) Territorial Jurisdiction
) Supporting:
EDMOND R. JESSE and )
KATHLEEN M. JESSE, husband )
and wife, )
)
Defendants. )
Memorandum of Fact, Agreement, and Law,
Supported by Affidavit, with notice of damages.
NOTICE – All administrators are to take notice of all pertinent written law herein.
In support of the attached Territorial Jurisdiction Challenge.
No attorney, court administrator, or executor (sheriff), can act without general jurisdiction/authority/permission in any capacity without personal commercial liability, foremost after due notice.
1. Premise: To prove that the following four Organic Laws are evidence that the land must be owned under the precise styled name of “The United States of America” for any written law of any “United States” state legislative body, including but not limited to “Nebraska Legislature”, to have force and effect of law, within the exterior borders of Nebraska.
2. The United States Code, which is revised and published every six years, is the written law which implements all authority pursuant to, and contained within, the United States Constitution. This Code references the four “Organic Laws” – none of which show evidence of being repealed as of 25 day of 3rd Month of 2013 – as:
a. Declaration of Independence, 1776
b. Articles of Confederation, 1777
c. Northwest Ordinance, 1787
d. Constitution for The United States of America, 1787
3. Declaration of Independence,1776. [Americas War for Independence] The document called Declaration of Independence, created and presented by Representatives of the united States of America, in General Congress, Assembled on July 4, 1776 declares independence from all governance not consented to. . . . “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.”
I/we, Edmond R. Jesse and Kathleen M. Jesse, are, and remain, a “free inhabitant”, not one who resides on land owned by the United States of America, and having never consented to be governed by full disclosure. I/we have never “resided” in, or “of”, the United States and have always been domiciled outside the territory owned by and subject to the exclusive legislative authority of the United States of America. [Consent can only be valid if accompanied with full disclosure.]
4. Articles of Confederation, 1777
ARTICLE I- “The Stile of this Confederacy shall be ‘The United States of America’.”
ARTICLE IV- “The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of these States,…” “…shall be entitled to all privileges and immunities of free citizens in the several States;…”
5. [Officially titled:] “An Ordinance for the Government of the Territory of the United States North-West of the River Ohio”, the Northwest Ordinance was passed on July 13, 1787. Paragraph 1- “for the purposes of temporary government”
6. “Constitution for the United States of America,” of September 17, 1787- as amended 1791 (Bill of Rights) (Bill of Restrictions upon the subject Government)
a. Article I, Section 8, Paragraph 17: “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 States, 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”
b. Notice that the Preamble states “for” in the sentence “. . . do ordain and establish this Constitution “for” the United States of America.” This indicates that the Document constitutes (includes) specific written law, specific inhabiting people, and specific land, for the said named Confederacy, and does not create a new confederacy. Therefore this new union is generally called the “United States,” often being a clear distinction from The United States of America, the Confederacy.
c. Notice in the above Paragraph 17- “Legislative Authority” [only] includes, and is extended to, land gained only by Cession and/or by being a Place(s) purchased. Therefore this written law does not give legislative authority over land that is not possessed / purchased, or has not been acquired by cession, by the United States. That being said, if land is not acquired either by cession, or by purchase, by the United States it is then “not” a possession or territory of the United States, and is not “of” such land that is a possession or territory “of” the United States.
7. In summary, any land within the exterior boundaries of Nebraska that is not ceded to or purchased by the United States of America does not constitute land or property categorized as within “a possession or territory of the United States” – it is OUTSIDE of the United States. Thus, any act that occurs on land not a possession or territory of the United States is not within the legislative authority (jurisdiction) of the United States.
If the subject land of this case is not of the US then the/a US court can not have any type of jurisdiction without consent in full disclosure. The captioned court is a US court.
8. Activity only on land that is a possession or territory of the United States, or which affects the United States has the possibility of being within the scope of the Legislative Authority of the United States Courts / Administrations. Conversely, land that is not a possession or territory of the United States, or which does not affect the United States, has no possibility of being within the scope of the Legislative Authority of the United States Courts / Administrations.
9. When challenged in a United States Court, the burden of proof of who owns the land is upon the moving party (Plaintiff). Ignoring such a challenge, by notice, the United States Officers, Administrators, and Employees, have no immunity and are liable and responsible in their personal commercial capacity for causing damages or injuries.
“A plaintiff must plead and prove the jurisdictional facts, the facts which show that the court has jurisdiction of the subject matter of the action.” Paulsen v. Paulsen, 658 N.W.2d 49, Neb. App. 2003
“Once jurisdiction is challenged, the party cannot proceed when it clearly appears that the court lacks jurisdiction, the court has no authority to reach merits, but rather, should dismiss the action.” Melo v. US 505 F2d 1026.
Listed obligated parties are, but not limited to: LANCE R. JESSE and SHARON J. JESSE, and Terry Curtiss.
10. NOTICE: THIS IS AN OFFICIAL COUNTER-FORFEITURE CLAIM FOR DAMAGES AGAINST THE ABOVE NAMED DEFENDANTS AND / OR OBLIGATED PARTIES, AS WELL AS A NOTICE OF INTENT TO LIEN, AND IS INTENDED TO MEET ALL NOTICE REQUIREMENTS FOR ADDITIONAL LAWFUL ACTION AGAINST THEM SHOULD FURTHER PURSUIT BECOME NECESSARY.
12. Further Clarification- All legislative written laws in America are limited in their application by the Organic Laws of the United States of America to the territory owned by the United States of America and the inhabitants of that territory. See – Article I, Section 8, Paragraph 17, US Constitution.
13. Article IV of the Northwest Ordinance of July 13, 1787 makes provision for the inclusion of the States of Ohio, Indiana, Illinois, Michigan, Wisconsin, and part of Minnesota as part of the Confederacy and the taxation of the inhabitants of that territory: “The said territory, and the States which may be formed therein, shall forever remain a part of this Confederacy of the United States of America, subject to the Articles of Confederation, and to such alterations therein as shall be constitutionally made; and to all the acts and ordinances of the United States in Congress assembled, conformable thereto.” See – Paragraph 14 of the first part of The North West Ordinance.
14. “The inhabitants and settlers in the said territory shall be subject to pay a part of the federal debts contracted or to be contracted, and a proportional part of the expenses of government, to be apportioned on them by Congress according to the same common rule and measure by which apportionments thereof shall be made on the other States;” See – Art. 4. The Northwest Ordinance.
15. The temporary law of the Northwest Ordinance of July 13, 1787 quoted above was made permanent in Article I Section 8 of the Constitution of September 17, 1787: “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 States; but all duties, Imposts and Excises shall be uniform throughout the United States;”
16. The term: “United States” in Article I Section 8 of the Constitution of the United States can only refers to the territory belonging to the United States of America, which remains subject to the exclusive legislative power of the Congress of the United States whom is popularly elected by citizens of the United States.
17. The United States is Washington, D.C. and every other place in the world where there are Americans and the land those Americans occupy as territory owned by or subject to the exclusive legislative power of the United States of America.
18. The United States of America began as an upstart nation with the announcement in the Declaration of Independence of July 4, 1776 of a formal unilateral political separation from Great Britain and King George III. There immediately followed documentary evidence of the initiation of the permanent formation of a Confederacy to be known as “The United States of America” i.e., The Articles of Confederation of November 15, 1777. Although quickly ratified on December 16, 1777, by Virginia, it would take until March 1, 1781, for Maryland, the thirteenth State to ratify the Articles of Confederation into full force.
19. Military victory over Great Britain in America, unquestionably recognized as one of the five greatest liberations of the history of the world, meant the United States of America was destined to be a great nation among the other nations (unified peoples) of the world. The Treaty of Paris of 1783 would provide the Confederacy, the United States of America, the opportunity to claim what it lacked and what the other nations of the world had as a matter of course—territory, and with it the power to legislate and the power to tax (govern) in that territory.
20. Logically, as proprietor of the said Northwest Territory and the land ceded to the United States of America by some of the States, the United States in Congress assembled had all the power and authority it needed to administer the territory owned by or subject to the exclusive legislative power of the United States of America. The Confederation Congress used this power and authority to establish a temporary government for the Northwest Territory by enacting the Northwest Ordinance of July 13, 1787.
21. It is obvious today that the Confederation Congress had planned the Northwest Ordinance of July 13, 1787 to be the third Organic Law a couple of months ahead of the fourth Organic Law, the Constitution of September 17, 1787. See – http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+uscnst+2+5++%28organic%20law
22. Just as the Declaration of Independence and the Articles of Confederation are perfectly paired to secure the freedoms of all Americans by denying/limiting the national government taxing and lawmaking power, the Northwest Ordinance and the Constitution of the United States are uniquely mated to subject all Americans to laws and taxes which apply only in the United States or only to “citizens of the United States.”
23. Article 4 of the Northwest Ordinance of July 13, 1787: “The said territory, and the States which may be formed therein, shall forever remain a part of this Confederacy of the United States of America, subject to the Articles of Confederation, and to such alterations therein as shall be constitutionally made.” The State of Ohio, Indiana, Illinois, Michigan, Wisconsin, and part of Minnesota are the first United States which belongs to the United States of America. Alterations can simply mean enlargement when adding more territory or states to the First Union, as has been done over the past 200 plus years.
24. Whether individual members of Congress know it or not, every law passed by the House of Representatives and the Senate and signed by the President of the United States is limited to the United States territory, or to citizens of the United States. The Article I Section 1 lawmaking power in the Constitution of the United States: “All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives,” have always been limited by the Northwest Ordinance to the territory owned by or subject to the exclusive legislative power of the United States of America. See Article I Section 1, US Constitution.
25. “The United States of America” remains “the Confederacy” and as such is a government in the present 50 states. For more clarification- those 50 states, each having a varying portion of land dedicated for United States purpose / defense activity, and that same limited portion of land in each of the 50 state being recognized / recorded as owned under the name, style, as “The United States of America”.
26. All land having a titled owner as, for example- “CITY OF OMAHA”, “COUNTY OF SHERIDAN”, “STATE OF NEBRASKA”, and LANCE R. JESSE and/or SHARON J. JESSE, are lands not evidenced as owned by “The United States of America”, therefore are not lands governed by United States written law, and are lands not subject to the jurisdiction of the United States Courts / Administrations (state statutory eviction).
27. All land of what was once referred to as “Nebraska Territory” was a result of a purchase made by The United States of America from France by/through the “Louisiana Purchase of 1803”. All land of the same Nebraska Territory that now has a one time created United States Land Patent is evidence of being sold by the United States of America. Thus being from that point on is fact proof that The United States of America is no longer the owner of that portion of land, as specifically described in a given Land Patent, and it has given up all proprietary ownership, including exclusive Legislative Authority over such land.
28. Unless a valid claim is made (deed), and proven when challenged, any land that has had an existing US Land Patent and subsequently been re-purchased by The United States of America, that same land is not legally evidenced as being “of” the United States. No deed can, by it’s language can change the fact that it is, or is not, a possession or territory of the United States, the fact that it is prevails.
29. That the land (hereafter as Jesse’s Ranch Property) associated, by name only, with Sheridan County District Court, Nebraska, Case No. CI 13-16, located as Section 20,
Township 25 North, Range 45 West of the 6th P.M., in Sheridan County, Nebraska,
is land that is not evidenced as a possession or territory, or is ceded, to/of the United States, as the term United States is defined in Nebraska Revised Statutes 77-2701.17 – In this state or within the state means within the exterior limits of the State of Nebraska and includes all the territory within these limits owned by or ceded to the United States of America.
a. If a man acting as an administrator (District Judge) gives permission to, or orders, or attempts to sell, or encumber, the subject land, without authority, upon this noticed, he acts without official immunity.
b. If any man, such as an administrator (District Judge), upon this notice, acts under color of law, individually, or by corporate conspiring, to attempt to order the selling of the subject (Our) land based on a/the Court Order that, as a matter of law, has force and effect only on land that is constitutionally included within the “exclusive legislative authority” of the United States, violates my rights and is personally liable to answer for all damages in a non-United States court, before a jury of free inhabitants (common law) that will judge both the facts and the law of the presented case, independent of any United State Court intervention.
c. The United States governs that which it owns.
d. Free inhabitants people govern that which they own.
e. All land that is “of” the United States is governed by the United States Courts, Administrators, and Legislatures.
f. The Sheridan County District Court in Nebraska, is a United States court, deriving all its authority from the United States Constitution, as its “supreme law” of the land. See- Article VI, paragraph 2, US Constitution.
g. All land, between Canada and Mexico, Atlantic and Pacific Oceans, that is not “of” the United States is governed by those that own/inhabit that same land, utilizing unwritten law (common law), due process, and above all Gods Word.
h. Art. IV, Sec 1, US Constitution- “full faith and credit” to the public acts, records and court proceedings of other states. Free Inhabitant courts, following due process, are included in that “state”.
i. All such inhabitants of the said Americas are duty bound to follow these principles of law, of independence, and of scriptural freedom.
j. No one in America is allowed to make up his own laws that violate these principles. Each man and all created governments are constrained (limited) by written and unwritten law, to respect private property of every type.
k. We have states within a state, jurisdictions within a jurisdiction, each having their defined granted authority.
l. Any man that opposes God’s defined liberty is opposed to God.
m. Upon this courts administrator noticing it’s lack of territorial jurisdiction, by the official record, he must cease all court action until jurisdiction is established on the record, as challenged. SEE Paulsen v. Paulsen, 658 N.W.2d 49, Neb. App. 2003.
n. Also, all entities that are incorporated (created) by a United States written law can only have force and effect of law upon land that is “of” the United States. Full disclosure is paramount.
Some try to impose LEX REX. (“The Law is King”)
Let us impose REX LEX. (“The King (Jesus) is Law”)
3-25-2013 Presented and Signed by ____________________
EDMOND R. JESSE
____________________
KATHLEEN M. JESSE
1838 405th Trl
Ellsworth, NE 69340
all without the United States.
CC: SHERIDAN COUNTY SHERIFF, Sheridan County Sheriff’s Office.
Click HERE to view the list of foundational information created by Lawyer Paul John Hansen to aid in independence from the US System.