Appendix T
Revocation of Birth Certificate
Reader's Notes:
FROM: John Q.
Doe
c/o
general delivery
San
Rafael [ZIP code exempt]
CALIFORNIA
STATE
TO: Registry
of Vital Records
Commonwealth
of Massachusetts
c/o
general delivery
Boston
02111/tdc
MASSACHUSETTS
STATE
TO: Social
Security Administration
Office of
the Commissioner
c/o
general delivery
Baltimore
21235/tdc
MARYLAND
STATE
NUNC PRO TUNC REVOCATION OF CONTRACT
AND REVOCATION OF POWER ASSEVERATION
California State/Republic )
) Subscribed, Sworn and Sealed
Marin County )
PREAMBLE
I, John Q. Doe, being natural born in
Massachusetts a male human being, now living in Marin County, California
Republic, as a Citizen in the California Republic, do hereby make this Special
Appearance, by Affidavit, in Propria
Persona, proceeding Sui Juris, At
Law, in Common Law, with Assistance, Special, neither conferring nor consenting
to any foreign jurisdiction, except to the judicial power of California and/or
America, and as such I willfully enforce all Constitutional limitations
respectively on all government agencies when dealing with them. Wherefore, the undersigned Affiant named
herein and above, upon affirmation declares and evidences the following:
I, the undersigned, a natural born free Sovereign Citizen in the California Republic, and thereby in the United States of America, hereby affirm, declare and give notice:
1. That I am competent to testify to the
matters herein; and further,
2. That I have personal knowledge of my status and
of the facts and evidence stated herein;
and further,
3. That all the facts stated herein are not
hearsay but true and correct, and admissible as evidence, if not rebutted; and further,
4. That I, John Q. Doe, am of lawful age and
competent; I am a natural born free
Sovereign Citizen now living in the California Republic, and thereby in the
United States of America, in fact, by right of heritage, a Citizen inhabiting
the California Republic, protected by the Northwest Ordinance of 1787, the
Organic Act of 1849, the original Constitution of California (1849), the
Articles of Confederation (1777), the Constitution for the United States of
America (1787) including its Preamble, and the Bill of Rights (1791) including
its Preamble; and as such I retain all
my fundamental, unalienable rights granted by God in positive law, embodied in
the Declaration of Independence of 1776 and binding rights upon myself and my
parentage, this day and for all time; and
further,
5. That this document has been prepared, witnessed
and filed because the State of Massachusetts holds the position that there are
no statutory provisions to rescind a Birth Certificate, nor any trust or
contractual obligations derived therefrom, and because there is no other remedy
available to me At Law by which I can declare and enforce my right to be free
from State enfranchisement and the benefits therefrom; and further,
6. That, on my birthday, ___ / ___ / ___, I was
born in Worcester, Massachusetts to my parents, James F. Doe and Jane M. (Smith)
Doe, who were both under the misconception that they were required to secure a
Certificate of Birth on my behalf, and they did obtain the same; and further,
7. That my parents were not aware that, at the
Common Law, births were to be recorded in the family Bible, and that only
deaths were made a matter of public record;
and further,
8. That my parents were not aware that any
certificate required by statute to be made by officers may, as a rule, be
introduced into evidence (see Marlowe v. School District, 116 Pac 797)
and, therefore, they were acquiescing to State requirements which violate my
rights to privacy and the 4th Amendment protections under the Constitution for
the United States of America, because the Birth Certificate is the record of the
State of Massachusetts, not of the individual, and the State may be compelled
to introduce said record without my permission; and further,
9.
That such statutory practices by the
State of Massachusetts are deceitful misrepresentations by the State and society,
on the recording of births, and my parents were unaware that a Birth
Certificate was not necessary, nor were they aware that they were possibly
waiving some of my rights, which rights are unalienable rights guaranteed to me
by the Constitution for the United States of America; and further,
10. That the doctor who delivered me acted as a
licensed agent of the State of Massachusetts without the consent of either my
own parents or myself, and offered me into a State trust to be regulated as
other State and corporate interests and property as a result of that offer and
acceptance, which comprises a fiction of law under statutory law (called
contracts of adhesion, contracts implied by law, constructive contracts, quasi contracts, also referred to as
implied consent legislation); and
further,
11. That, from my own spiritual beliefs and training, I have come, and I have determined that the right to be born comes, from God Almighty (who knew me before I existed) -- not the State of Massachusetts and not the State of California -- and therefore original jurisdiction upon my behavior requiring any specific performance comes from my personal relationship with God Almighty, unless said performance causes demonstrable damage or injury to another natural human being; and further,
12. That, after studying the Birth Certificate, I
have come to the conclusions that the Birth Certificate creates a legal estate
in myself, and acts as the nexus to bring actions against this individual as if
he were a corporate entity, that the State of Massachusetts, in cooperation
with the federal government and its agents and assigns, is maintaining the
Birth Certificate so as to assume jurisdiction over many aspects of my life in
direct contravention of my unalienable rights and Constitutionally secured
rights to be a "Freeman" and to operate at the Common Law; and further,
13. That such statutory provisions also cause a
loss or diminution (depending upon other statutory provisions) of rights
guaranteed by the 1st, 2nd, 4th, 5th, 6th, 7th, and 9th amendments in the
Constitution for the United States of America;
and further,
14. That, as a result of my earnest and diligent
studies, my prior ignorance has come to an end, and I have regained my capacity
to be an American Freeman; therefore,
it is now necessary that I declare any
nexus assumed as a result of the Birth Certificate, by the State of Massachusetts or by any of
its agents and assigns, including the federal government, and any
jurisdictional or other rights that may be waived as a result of said
trust/contract with all forms of government, to be null and void from its inception, due to the deceptive
duress, fraud, injury, and incapacity perpetrated upon my parents and myself by
the State of Massachusetts, the third party to the contract; and further,
15. That I was neither born nor naturalized in
the "United States" as defined in Title 26, United States Codes and, therefore, I am not subject to
its foreign jurisdiction. See 26 CFR 1.1-1(b)-(c); and further,
16. That, with this revocation of contract and
the revocation of power, I do hereby claim all of my rights, all of my
unalienable rights and all rights guaranteed by the Constitution for the United
States of America, At Law, and do hereby declare, to one and all, that I am a
free and independent Citizen now inhabiting the California Republic, who is not
a creation of, nor subject to any State's civil law of admiralty, maritime, or
equity jurisdictions and, as such, I am only attached to the judicial Power of California
and/or the United States of America; and
further,
17. That I affirm, under penalty of perjury,
under the Common Law of America, without
the "United States" (see 1:8:17 and 4:3:2 in the U.S. Constitution),
that the Preamble and Sections 1 thru 16 of this Affidavit, are true and
correct and so done in good faith to the best of my knowledge; and further,
18. That my use of the phrase "WITH EXPLICIT
RESERVATION OF ALL MY RIGHTS AND WITHOUT PREJUDICE UCC 1-207 (UCCA 1207)"
above my signature on this document indicates: that I explicitly reject any and
all benefits of the Uniform Commercial Code, absent a valid commercial
agreement which is in force and to which I am a party, and cite its provisions
herein only to serve notice upon ALL
agencies of government, whether international, national, state, or local, that
they, and not I, are subject to, and bound by, all of its provisions, whether
cited herein or not; that my explicit
reservation of rights has served notice upon ALL agencies of government of the
"Remedy" they must provide for me under Article 1, Section 207 of the
Uniform Commercial Code, whereby I have explicitly reserved my Common Law right
not to be compelled to perform under any
contract or commercial agreement, that I have not entered into knowingly, voluntarily, and intentionally; that my explicit reservation of rights has
served notice upon ALL agencies of government that they are ALL limited to
proceeding against me only in harmony with the Common Law and that I do not,
and will not accept the liability associated with the "compelled"
benefit of any unrevealed commercial agreements; and that my valid reservation of rights has preserved all my rights and prevented the loss of
any such rights by application of the concepts of waiver or estoppel. And,
Further This
Affiant Saith Not.
Subscribed and affirmed to, Nunc Pro Tunc, on the date of my majority, which date was ___ / ___
/ ___.
Subscribed, sealed and affirmed to this
__________________ day of
__________________________, 199___ Anno Domini.
I now affix
my signature to all of the affirmations herein WITH EXPLICIT RESERVATION OF ALL MY RIGHTS, AND WITHOUT PREJUDICE UCC
1-207 (UCCA 1207):
__________________________________________________________________________
John Q. Doe, Citizen/Principal, by Special Appearance, in Propria Persona, proceeding Sui Juris, with Assistance, Special,
with explicit reservation of all my unalienable rights and without prejudice to
any of my unalienable rights.
John Q. Doe
c/o general delivery
San Rafael [ZIP code exempt]
CALIFORNIA STATE
California All-Purpose Acknowledgement
CALIFORNIA
STATE/REPUBLIC )
)
COUNTY OF
MARIN )
On the ______
day of ____________, 199___ Anno Domini,
before me personally appeared John Q.
Doe, personally known to me (or proved to me on the basis of satisfactory
evidence) to be the Person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in His authorized capacity,
and that by His signature on this instrument the Person, or the entity upon
behalf of which the Person acted, executed the instrument. Purpose of Notary Public is for
identification only, and not for entrance into any foreign jurisdiction.
WITNESS my hand and official seal.
_____________________________________
Notary Public
c/o general delivery
San
Rafael [ZIP code exempt]
CALIFORNIA
STATE
April
3, 1992
Registrar
Department of Public Health
Commonwealth of Massachusetts
c/o general delivery
Boston [ZIP code exempt]
MASSACHUSETTS STATE
RE: NUNC PRO TUNC REVOCATION OF CONTRACT AND
REVOCATION OF POWER ASSEVERATION
Dear Registrar:
Your letter
to me dated March 23, 1992 acknowledges receipt of my signed and notarized
revocation affidavit, referenced above.
I am writing this letter in order to address the two statements
contained in your letter, and to rebut any presumptions which could or might be
conclusively established by allowing your two statements to remain
unchallenged.
Statement #1: "This
letter is to inform you that there is no provision under Massachusetts law to
rescind a properly filed birth certificate."
Although this
statement may, in fact, be technically and generally true, it is irrelevant to
the specific issue at hand, for several reasons. First of all, it implies that my original birth certificate, on
file in your office, was "properly filed". You have made this statement contrary to numerous facts which are
contained in my revocation affidavit.
You have now had ample opportunity to rebut any and all of those facts,
and you have not done so. Accordingly,
your failure to rebut any of those
facts now renders them all conclusive, permanently for the record. You are now forever barred and estopped from
challenging those facts as stated.
Therefore, my original birth certificate was not "properly
filed" as you incorrectly attempt to imply.
As a member of
the Sovereignty by right of birth and hereditary succession, I belong to that
group of people by whose authority the Massachusetts State Constitution was
created. The Massachusetts State
Legislature was created, in turn, by that Constitution. The "Massachusetts law" to which
you refer is, in turn, a creation of that Legislature. Regardless of your status prior to becoming a State employee, your
current status as a State employee
necessarily subjects you to the letter of that "law". I am not subject either to the letter or to
the spirit of that law, however.
Even though you are evidently
restricted by law from unilaterally rescinding a birth certificate, I am not
subject to any such a restriction. As
someone who has explicitly reserved all my unalienable rights without prejudice
to any of my unalienable rights, I specifically retain my right to unilaterally revoke and cancel
my original birth certificate, for the several reasons stated in my affidavit,
and to render it null and void from its inception. The affidavit which I have filed with your office is prima facie evidence that I have, in
fact, exercised that right, the exercise of which is entirely within my
Sovereign power and authority to do.
Moreover, you
are evidently unaware of my prior written correspondence with Governor William
F. Weld, in which I documented the fraud to which the Commonwealth of
Massachusetts is an "accommodation party" as defined in the Uniform
Commercial Code. If you have any need
to obtain copies of this correspondence between me and Governor Weld, I
recommend that you first contact the Governor's staff for assistance. Alternatively, Governor Weld's office has
personally informed me that my notice to him, with attachments, has now been
forwarded to the offices of Senator Edward M. Kennedy, United States Senate,
Washington, District of Columbia.
Governor Weld's office did not challenge or rebut any statement of fact
contained in my correspondence to him, except to suggest incorrectly that the
issues which I raised were not within his jurisdiction. Senator Kennedy's office has not responded
to me in any way concerning the materials which he received from Governor Weld.
The
Commonwealth of Massachusetts is bound by the provisions of the Uniform
Commercial Code (see MCLA c 106 Section 1-207). The conclusive facts as stated in my revocation affidavit now
constitute material proof that my original birth certificate was an
unconscionable contract ab initio
because, among other reasons, it was lacking in meaningful choice on my
part. You have already been notified,
and I hereby notify you again, that I have explicitly reserved all my
unalienable rights, without prejudice to any of my unalienable
rights. This means that I explicitly
reject any and all benefits of the Uniform Commercial Code, absent a valid
commercial agreement which is in force and to which I am a party, and cite its
provisions herein only to serve
notice upon all agencies of government, whether international, national, state,
or local, that they, and not I, are subject to, and bound by, all of its
provisions, whether cited herein or not.
Furthermore,
my explicit reservation of rights has served notice upon all agencies of
government, including but not limited to the Commonwealth of Massachusetts, of
the "Remedy" which you must provide for me under Article 1,
Section 207 of the Uniform Commercial Code, whereby I have explicitly reserved
my Common Law right not to be compelled to perform under any contract or commercial agreement, that I have not entered into knowingly, voluntarily, and intentionally.
My explicit
reservation of rights has served notice upon all agencies of government,
including but not limited to the Commonwealth of Massachusetts and all of
its assignees, that they are all limited to proceeding against me only in
harmony with the Common Law and that I do not, and will not accept the
liability associated with the "compelled" benefit of any unrevealed
commercial agreements (see UCC 3-305(2)(c)).
You are under the obligation of good faith imposed at several places in
the Uniform Commercial Code (see, e.g.,
1-203). My valid reservation of rights
has preserved all my rights and
prevented the loss of any such rights by application of the concepts of waiver
or estoppel.
Statement #2: "For
this reason, your birth certificate on file in the Commonwealth of
Massachusetts remains valid."
This
statement is clearly incorrect because it is a non sequitor, in light of my responses in this letter to Statement
#1, and particularly in light of the conclusive facts as stated in my
revocation affidavit. As an
unconscionable contract the primary purpose of which was to offer me into a
State trust, to be regulated as other State and corporate interests without my
full consent of majority, this birth
certificate is null and void from its inception, as are any rights of interest
which may, now or in the future, be claimed as a result of any conveyance or
reconveyance thereof to undisclosed third parties.
Your attempt
to assert its validity in the face of contrary evidence is noted and can be
used as prima facie evidence of your
willingness to violate and otherwise contravene my unalienable rights and my
Constitutionally secured rights as a Sovereign Freeman. These rights include, but are not limited
to, those which are enumerated in my revocation affidavit.
You are
hereby warned that you can and will be held personally liable for any
further attempts to violate my fundamental, unalienable rights by acts on your
part which attempt to compel my specific performance to any third-party debt or
obligation created through the unlawful conveyance, conversion or other
instrumentality of an invalid birth certificate. As an employee of the Commonwealth of Massachusetts, you are under
a legal obligation to recognize that "Constructive fraud as well as actual
fraud may be the basis of cancellation of an instrument," El Paso
Natural Gas Co. v. Kysar Insurance Co., 605 Pacific 2d 240 (1979). Your ignorance of the law is no excuse in
this matter. If you are unsure about your
own legal situation in this matter, may I recommend that you contact the State
Attorney General's office for advice and assistance.
For your
information, I am not subject to any foreign jurisdiction by reason of any
contract or commercial agreement resulting in adhesion thereto across America,
nor are millions of other Sovereign Citizens, unless they have provided waivers
of rights guaranteed by the Constitution by means of knowingly intelligent
acts, such as contracts or commercial agreements with such government(s)
"with sufficient awareness of the relevant circumstances and likely
consequences", as ruled by the U.S. Supreme Court in Brady v. U.S.,
397 U.S. 742, 748 (1970). I have given
no such waivers, nor is it possible that I could have given such waivers by
reason of a birth certificate executed by other parties long before I was even
able to speak or write, and long before my age of majority. Therefore, the birth certificate at issue is
necessarily null and void, ab initio,
notwithstanding any and all unsubstantiated statements by you to the contrary.
If I do not
hear from you within ten (10) calendar days of the above date, I will be
entitled to the conclusive presumption that this matter is settled. Thank you very much for your consideration.
Sincerely yours,
John Q. Doe, Sui
Juris
with explicit reservation of all my unalienable rights
and without prejudice to any of my unalienable rights
copies: Senator
Edward M. Kennedy
United
States Senate
Social
Security Administration
Baltimore,
Maryland
Reader's Notes: