“as the gold-finer will not out of the dust, threds or shreds of gold, let passe the least crum, in respect of the excellency of the metall; so ought not the learned reader to let passe any syllable of this law, in respect of the excellency of the matter.”
— [coke] the reports (1600-1615); institutes of the lawes of england (1628-1644)the american separate and equal mutual security compact:[mutually defended | none may breach][my private property] [[our coequal commons]] [your private property][[ordinary use by american right]]{extraordinary use by article one section eight indirect tax}“and this…we have reason to expect when he reflects that he is no more than the chief officer of the people, appointed by the laws, and circumscribed with definite powers, to assist in working the great machine of government, erected for their use, and consequently subject to their superintendence…kings are the servants, not the proprietors of the people.”— a summary view of the rights of british americans (1774)[universal jurisdiction construction-abc] every jurisdiction world-wide is composed of three stations and three parties: the principal owner sovereign, its agent government, and its subjects. principal-> agent-> subject.a-the principal, the sovereign and its properties|norman king asserting breach power by divine right of conquest, or|rousseau|marx|engels asserting breach power by right of majority, or|equal fellow citizens and joint tenant principals under mutual security compact:b-the agent, the sovereign’s government instituted to secure the sovereign’s properties
|legally empowered to breach and confiscate, or|agent trustee that facilitate mutual security compactc-the sovereign’s subjects
|all persons and properties within the reach of the sovereign borders, or|all properties created jointly or permitted to the coequal jurisdiction,(eg., governments, corporations, foreigners)[property] one’s mind, body, soul, deliberations, actions, and labors as well as the tangible and intangible products of one’s labors, plus one’s coequal claim to the commons of their home jurisdiction-including that of principal based, non-attribute, non-arbitrary separate and equal naturally productive mechanical governance.[rights and privileges mechanics] [r.p.m.] the relationship of a party to the property determines whether an act is a right or a privilege.[ownership : sovereignty : dominion] the ultimate authority to possess : use : exclude : dispose property without breaching another’s property. condition prior to recognition.[rights] to possess-use-exclude-dispose one’s own property; self-authorized acts with one’s own property, both individual and joint; [seisen] natural authority to own property [seised] simultaneous possession and ownership.{*notice: the same activities that are rights for a natural american within their home jurisdiction are privileges for limited liability entities and aliens. the american’s interest is absolute as they are the utmost responsible party for the health of their jurisdictional resources, while the alien’s and entity’s only interest is in what they can extract.”}{privileges} to possess-use-exclude-dispose another’s property; permissions bestowed by the owner; owner-permitted acts with the owner’s own property-aka {second class rights} the owner of property has the right to grant or otherwise confer a privilege to a user under the condition of non-breach. the user/agent is subject to the rules of the owner and the property rights of others.[individual private property rights] possession, use, exclusion, and disposition that does not breach another. one’s own mind, soul, body, deliberations, actions, and labors and extend to include all those tangible and intangible properties one acquires.[alien] one who lacks principal status within a jurisdictions compact[american joint property rights] coequal: possession : ordinary use – mutual defense – that does not breach.[american governmental rights] conferred powers to secure private and joint property. securing possession-use-exclusion-disposition through taxing extraordinary use of tangible and intangible properties including items and persons jointly made or permitted to the jurisdiction.[breach] any willful act that injures; to deliberately degrade, reduce, diminish, disseis, interfere, or intrude upon another’s ordinary, quiet, peaceful use of their private or joint properties.[duty: mutual security] do not breach and mutual defense.[liberties] sum total of an individual’s rights and privileges;[ordinary use] consistent with the character and purpose of the property; aligned with the thing’s function and design; Co-equal use without destruction or exclusion.[extraordinary use] consumption, alienation, transformation beyond purpose; causes meaningful interference with another’s private or joint properties.[causation] the direct and proximate willful act that causes an injury;[injury] detriment caused by the meaningful interference with another’s property’s;[damages] measurement of injury caused by breach;[penalties] punishment to deter willful or negligent breach.[adjudication] claim vs. claim origin tracing; deliberation made by a disinterested third party according to due process of law-[due process of law] [due] owed per circumstance; a regular trial according to the course and usage of common law appropriate to the case; the standardized steps of weighing facts and law on a case by case basis: where each party is able to add the weight of facts and law on their own scale, and strip the facts and law off their opponents scale through reason in private and in public before the nonconsensual disposition of property to settle accounts is authorized;[police power] the property right for an agent/trustee to secure the american’s private and joint tangible and intangible properties from meaningful interference.“unwholesome trades, slaughterhouses, operations offensive to the senses, the deposit of powder, the application of steam power to propel cars, the building with combustible materials, and the burial of the dead, may all be interdicted by law in the midst of dense masses of population on the general and rational principle that every person ought so to use his property as not to injure his neighbors.1826— kent’s commentaries (volume II) is published.1. 1872: the supreme court quotes this exact passage in the slaughterhouse cases.2. 1884: the supreme court quotes it again in butchers’ union co. v. crescent city co.3. 1887: the supreme court, in mugler v. kansas, restates the principle itself in its own words (”all property in this country is held under the implied obligation that the owner’s use of it shall not be injurious to the community”)4. 1900: “the police power of the government is shown to be confined to the detailed enforcement of the legal maxim, sic utere tuo, ut alienum non lædas. – tiedeman[taxation, indirect] a fee for use property right of the people to charge for the extraordinary use of its intangible and tangible jurisdictional properties; coextensive with sovereignty; items, objects, subjects created by, or, admitted to the jurisdiction; imposts, duties, excises; consensual;[taxation; direct] direct taxes bear upon persons, upon possessions, and enjoyment of rights; a property right of the people to demand mutual support from each other; falls upon the ownership [possession:use:exclusion:dispostion] of property : original rights are property subject to the rule of apportionment; deliberately politically difficult = anti-faction per artifex maximus; non-consensual.[confiscation] forbidden, direct taxation without apportionment; taking without due process of law, including arbitrary action by the legislature altering the character of property; rights are property.[decree] to conclude and affect the private rights of persons as between each other. not a power of any american assembly
notable concurring deliberations“so great is the regard of the law for private property, that it will not authorize the least violation of it; even for the general good of the whole community.property is that sole and despotic dominion which one man claims and exercises over the external things of the world, in total exclusion of the right of every other individual.sic utere tuo ut alienum non laedas-use your own property in such a way as not to injure that of others—every person ought so to use his property as not to injure his neighbors. —blackstone (1765) <> kent<>rawl(1826);…i have formerly observed that pure and proper slavery does not, nay, cannot, subsist in england...and indeed it is repugnant to reason, and the principles of natural law, that such a state should subsist anywhere…a slave or negro, the instant he lands in england, becomes a freeman; that is, the law will protect him in the enjoyment of his person, and his property….the principal aim of society is to protect individuals in the enjoyment of those absolute rights, which were vested in them by the immutable laws of nature; but which could not be preserved in peace without that mutual assistance and intercourse, which is gained by the institution of friendly and social communities.the absolute rights of man, considered as a free agent, endowed with discernment to know good from evil, and with liberty of choosing those measures which appear to him to be most desirable; are usually summed up in one general appellation, and denominated the natural liberty of mankind…this natural liberty consists properly in a power of acting as one thinks fit, without any restraint or control, unless by the law of nature: being a right inherent in us by birth, and one of the gifts of god to man at his creation.every wanton and causeless restraint of the will of the subject, whether practiced by a monarch, a nobility, or a popular assembly, is a degree of tyranny.…this law of nature, being coeval with mankind, and dictated by god himself, is of course superior in obligation to any otherallodium is every man’s own land, which he possesseth merely in his own right, without owing any rent or service to any superior.for whereas, before, the possessions of their subjects were perfectly allodial; (that is, wholly independent, and held of no superior at all) now they parceled out their royal territories, or persuaded their subjects to surrender up and retake their own landed property, under the like feudal obligation of military fealty.”— blackstone (1765)“it is certainly unlawful to make inroads upon others, unprovoked, and take away their liberty by no better right than superior power.” — john witherspoon, lectures on moral philosophy (1768);“the abolition of domestic slavery is the great object of desire in those colonies, where it was unhappily introduced in their infant state…our saxon ancestors held their lands, as they did their personal property, in absolute dominion, disencumbered with any superior, answering nearly to the nature of those possessions which the feudalists term allodial…under which all lands were held in absolute right. these, therefore, still form the basis, or ground-work, of the common law, to prevail wheresoever the exceptions have not taken place…let no act be passed by any one legislature which may infringe on the rights and liberties of another…the god who gave us life gave us liberty at the same time;the hand of force may destroy, but cannot disjoin them.” —a summary view of the rights of british america jefferson (1774);“that the inhabitants of the english colonies in north-america, by the immutable laws of nature, the principles of the english constitution, and the several charters or compacts, have the following rights:resolved, n.c.d. 1. that they are entitled to life, liberty and property: and they have never ceded to any foreign power whatever, a right to dispose of either without their consent.resolved, n.c.d. 2. that our ancestors, who first settled these colonies, were at the time of their emigration from the mother country, entitled to all the rights, liberties, and immunities of free and natural- born subjects, within the realm of england.resolved, n.c.d. 3. that by such emigration they by no means forfeited, surrendered, or lost any of those rights, but that they were, and their descendants now are, entitled to the exercise and enjoyment of all such of them, as their local and other circumstances enable them to exercise and enjoy.resolved, 4. that the foundation of english liberty, and of all free government, is a right in the people to participate in their legislative council:resolved, n.c.d. 5. that the respective colonies are entitled to the common law of england [saxon allodial], and more especially to the great and inestimable privilege of being tried by their peers of the vicinage, according to the course of that law. —declaration and resolves of the first continental congress (1774);“…to assume among the powers of the earth, the separate and equal station to which the laws of nature and nature’s god entitle…we hold these truths to be self evident that all men are created equal, that they are endowed by their creator with certain inalienable rights…that to secure these rights, governments are instituted among men…|he has waged cruel war against human nature itself, violating it’s most sacred rights of life & liberty in the persons of a distant people who never offended him, captivating & carrying them into slavery in another hemisphere, or to incur miserable death in their transportation thither.this piratical warfare, the opprobrium of infidel powers, is the warfare of the CHRISTIAN king of great britain.determined to keep open a market where MEN should be bought & sold, he has prostituted his negative for suppressing every legislative attempt to prohibit or to restrain this execrable commerce: and that this assemblage of horrors might want no fact of distinguished die… jefferson’s first draft|and for the support of this declaration…we mutually pledge to each other our lives, our fortunes and our sacred honor.”—the unanimous declaration of the thirteen united states of america (1776);“as to the doctrine of slavery... that (it is true) has been heretofore countenanced... but nowhere is it expressly enacted or established. It has been a usage... which took its origin from the practice of some of the european nations, and the regulations of British government... for the benefit of trade and wealth.but a different idea has taken place with the people of America, more favorable to the natural rights of mankind... our constitution of covernment... sets out with declaring that all men are born free and equal... slavery is in my judgment as effectively abolished as it can be by the granting of rights and privileges wholly incompatible and repugnant to its existence.” —commonwealth v. jennison (1783);“property. this term in its particular application means “that dominion which one man claims and exercises over the external things of the world, in exclusion of every other individual.”in its larger and juster meaning, it embraces every thing to which a man may attach a value and have a right; and which leaves to every one else the like advantage.In the former sense, a man’s land, or merchandize, or money is called his property.In the latter sense, a man has a property in his opinions and the free communication of them.he has a property of peculiar value in his religious opinions, and in the profession and practice dictated by them.he has a property very dear to him in the safety and liberty of his person.he has an equal property in the free use of his faculties and free choice of the objects on which to employ them.in a word, as a man is said to have a right to his property, he may be equally said to have a property in his rights.” — maddison (1792);
...plus many more
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