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This is one in a series of articles about the Republic of Texas. Alden Nellis is a small businessman in Cleburne who has been active in the Republic of Texas since word of it reached this area.
Some of the topics covered in this series will be: history of the Republic, business opportunity, individual freedom, common law court system, liens, monetary system and banking, profile of Provisional government, the transition plan, defense forces and law enforcement, the borders of Texas, taxes, election of permanent government, and ratification of a new constitution.
Texans are a strongly nationalistic people. We are proud of Texas, with just cause. After all, standing alone, Texas is the eleventh largest economy in the world, ahead of Russia and our neighbor to the South, Mexico.
From the beginning, Texans have been enamored with the idea of independence. We fought for and won our independence from Mexico in 1836. (Remember the Alamo!)
With considerable debate in both the US Congress and in Texas, we were "annexed" into the United States in 1845. Neither the US Constitution nor the Texas Constitution made any provisions for one nation to be merged, or annexed, by another. In today's world, this would be like the US annexing Canada. President John Quincy Adams was an eloquent spokesman pointing out the unconstitutionality of annexing Texas.
The US Congress circumvented the constitution. They simply passed a joint resolution to annex Texas. A joint resolution only requires a majority vote of those present. As a comparison, a treaty requires ratification by two-thirds of the members.
Soon after the "annexation", fiercely independent Texans began to feel they had made a mistake. In 1861 Texans voted by a 4 to 1 majority to secede from the union, and once again became an independent Republic. Shortly thereafter, Texas joined the loose-knit confederacy of Southern states and fought with them in the Civil War. In 1865, Texas and the confederacy were defeated and captured by the United States as a prize of war. Texans never voted to join the US after our capture and "reconstruction."
Further, Texas never ceded its land, the soil of Texas, to the US government as did other states that joined the United States. In the Compromise of 1850, Texas did exchange some land in return for payment of the $10 million war debt incurred during Texas' fight for independence from Mexico. (More on this later when we discuss the boundaries of Texas.)
The current movement, reportedly the eighth move to re-establish Texas as an independent Republic, is the strongest and most successful since the landslide vote of 1861 to secede from the US. The movement is about replacing the top-heavy US government and Texas State government with the Republic of Texas government, which is a minimal government, allowing more individual freedom and responsibility, unhindered technology and scientific development, and maximum business growth. This is all made possible by greatly reduced taxation (more on this later) and elimination of burdensome government regulation and red tape.
Watch closely and you will see fiercely independent Texans popping up all over the Republic to assert that the people "...have at all times the inalienable right to alter, reform or abolish their government in such manner as they may think expedient." (Texas Constitution, Section 2.)
Recent newscasts and news releases by State of Texas Attorney General Dan Morales have misled many people to believe that the Republic of Texas is filing liens by the thousands. That is not true, but first, let's take a quick look at the lien process.
A lien is a legal document which is filed by one party with total or partial interest in a property. This lien is filed in order to protect the filer against loss through the actions of another party. It is used as a red flag to let potential buyers of the property in question know that the lienholder has an interest in the property which must be satisfied before clear title can be transferred. If a party with an interest in the property does not have a lien filed, then that party has no remedy to recover their lien after the property is sold.
Mr. Morales and various newscasts have alleged that the Republic of Texas is filing "bogus" and "illegal" liens. If indeed a lien is bogus and illegal, it is without effect and therefore is not really a lien. The party filing such a lien is subject to legal action by the damaged party. For a lien to be effected it must derive from a court judgment or from the rendering of a service or consideration.
For instance, say I have a computer store. Mr. Big Dentist asks me to work on his computer system, supplying labor and parts. Mr. Dentist decides not to pay me. I file a suit and get judgment against Mr. Dentist. I use that judgement to file a lien against Mr. Dentist. I have perfected my lien and protected my interest in his business to the amount of the judgment.
In the case of the Republic of Texas, instead of thousands of liens as implied by some reports, the Republic of Texas has only [filed] one (1) lien. It [was done] on behalf of the people of Texas against the State of Texas for all the people's property held by the state.
Individual citizens of the Republic of Texas may also hold liens, just as individual citizens not belonging to the Republic of Texas may hold liens. Mr. Morales attempts to make the public believe these are liens filed by the Republic. This is the equivalent of saying the state filed a lien against Mr. Dentist because I am a citizen of the state.
Nearly all of us do know someone who has had a lien of questionable legitimacy filed against them, however. The IRS agency of the US government regularly files liens without a judgment, without due process, and without proof that there is a liability to justify such a lien. In many cases they file a "notice of lien" in the county courthouse, but a check of the records in Washington DC, Austin, and the county courthouse reveals that no lien has been filed, just a "notice of lien." This is the closest thing I know to a bogus lien.
The Republic of Texas has made a public stand against filing questionable or unperfected liens. [Former] President Archie Lowe, speaking at the General Council meeting in Lufkin on June 1, advised citizens against filing unperfected liens. (The General Council of the Provisional Government of the Republic of Texas holds a public meeting in a different Texas town every three weeks.)
The essence of the lien issue is that Attorney General Dan Morales represents the top-heavy government which is threatened by the fact that average citizens (some active in the Republic of Texas and some not) have learned to use the lien process, which has been used in commerce for many years, to protect themselves against the excesses of big government.
March 21, 1997
Governor George Bush, State of Texas, Inc. State Capitol Austin, TX
RE: Republic of Texas
Dear Governor Bush:
J. C. Van Kirk spoke "unofficially" for you and/or Attorney General Dan Morales at a meeting in Dallas Tuesday night, March 18. He warned of imprisonment and even bloodshed if Republic of Texas citizens do not discontinue our quest for freedom and liberty from the oppressive State of Texas defacto government. Mr. Morales apparently plans to start arresting officials of the provisional government of the Republic of Texas, according to Van Kirk. Further evidence is the Morales warrant to arrest Robert Kesterson because he will not turn over his citizens records (see the attached e-mail from Kesterson.)
I urge you to take a public stand against arrests and violence against Republic of Texas officials and citizens. If you are going to arrest political dissidents, you will next have to arrest Ross Perot and the Reform Party officials, then the Libertarian Party officials, then the Democrats, then the Republicans, then the Methodists ..., etc. The Republic of Texas has not done anything unconstitutional or unlawful. It is possible that a few with allegiance to the Republic have acted unlawfully, but so have a few of every other group that exists. I agree that the Republic of Texas is a threat to the "gravy train" ridden by the defacto government, but so is the Reform Party, to a lesser degree, and so is the mood of Texans that you recently acknowledged in a newscast.
In the name of liberty and justice for all, I call on you to join in our quest to restore freedom. If you cannot do it on ideological grounds, then do it for political reasons. If decent men like Robert Kesterson are arrested, or, heaven forbid, die at your hands, then both you and Dan Morales may find yourselves politically dead. Ann Richards had a good chance as a vice- presidential candidate until the firestorm at Waco. If you decide to purge Texas of citizens who support the Republic of Texas, I believe the results will make the political aftermath of Waco look like child's play. The Republic of Texas wishes to be peaceful and non-violent, as I do. We also wish to exercise our constitutional rights, free of intimidation.
Sincerely,
Alden Nellis
Texas is the eleventh largest economy in the world. We are economically larger than our neighbor to the south, Mexico. We are even ahead of Russia. As we have seen throughout our short history and recently in the former USSR, man's geo-political-economic atmosphere is dynamic, sometimes changing rapidly, sometimes slowly. It is inevitable that we will see change.
The prospective change in the Republic of Texas paints a rosy picture. The reduced regulation and taxation, compared to the present level imposed by both the federal and state governments, will create an economic climate very friendly to small business and inventors.
Many small businesses have bookkeeping departments of from 1 to 4 people who spend most of their time just keeping records for the state and federal governments - either for paying the taxes or for completing required reports and forms. In our very small two-person business, Micki spends one third of her time just keeping records to comply with state and federal requirements.
Elimination of most of these compliance requirements will free an astounding amount of man/woman hours for productive endeavors. (I believe one key to stress-free and happy living is to be allowed to do creative and meaningful work. To me, keeping books for the government does not fit this criterion.) The reduction of these overhead expenses will also reduce the cost of production and service, making Texas products more competitive on the international level and less expensive to consumers at home. Cheaper products at home will give Texans more spending power, boosting the Texas economy on the consumer level.
Texas has the natural resources, population, real estate, location and national spirit for unlimited growth. There is no doubt in my mind that the Republic of Texas, with its minimal government to allow maximum enterprise and individual freedom, will grow rapidly to become the leading economic force in the world. Should the US decide to implement some of these policies also, Texas might come in second to the US. However, considering the nature of US politics and the character of most politicians, I do not think the US will be able to make the changes Texas will be making.
How can we reduce taxes and maintain our present level of government? We cannot. The Republic of Texas government will be financed by a 1% import/export tax. What cannot be done on that level of income by the national government will have to be done at the local level or not at all. Without the financial drain of the IRS, state sales taxes and other taxes, there will be vast amounts of money for local needs. Just consider how much you pay in US federal income tax, social security tax, and state sales tax and multiply that by the number of families in your community. You will get a fair idea of the resources available for local development and welfare.
We should note that this change will not be instant. The Republic has a transition plan for an orderly and peaceful transfer from the state government to the Republic government. During at least part of that transition some taxes (such as the state sales tax) would remain in place.
We should not be apprehensive about losing state and federal programs and "assistance." For every $1 Texans send to the federal government, 87 cents does NOT come back to Texas. That is not the kind of assistance we need for economic growth in Texas. We can all cite many cases where social and economic problems can be solved better by local communities rather than under the direction and "aid" of federal or state bureaucrats.
I, for one, am looking forward to the business atmosphere the Republic of Texas offers.
One [more] reason the move to reassert the Republic of Texas as an independent nation is necessary is that the State of Texas government has completely failed to protect Texans against federal violation of our Constitutional rights, specifically the 10th amendment rights. "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." (US Constitution, Amendment 10).
Nowhere in the U.S. Constitution can you find authority for the BATF, FBI, and the IRS to come on the soil of Texas to raid and confiscate property and records. Nowhere can you find authority for federales to raid a group's communal home because they were suspected of not paying approximately $400 in firearms taxes (Ashes of Waco by Dick Reavis, Simon & Schuster). Yet these things are happening in Texas today.
The most recent case in the news is the FBI and IRS raid on a private business, a marina on Lake Texoma. No prior request for records or information had been made to the business, the news report said. Records were confiscated. (Note that "records" usually includes all computer systems on the premises.) The media was led to believe the raid was based on a customer's complaint that he was overcharged for services.
Recently the IRS and FBI raided and confiscated records of the Wilmer-Hutchins Independent School District. The raid was conducted during school hours. Film footage showed students looking on as federal agents hauled out filing cabinets filled with records. The "justification" of the raid was that the school district was "suspected" of mis-spending $142,000. Operation of the school district was placed in federal control until a federal judge transferred control to the State of Texas. The local school board's right to run the school system has been usurped.
In the infamous Waco raid, the BATF and FBI raided the home of Branch Davidian members because one of the members was suspected of not paying firearms taxes amounting to approximately $400. This resulted in 84 people dead - a fourth of them children. In my opinion, it doesn't matter who started the final fire. If the US agencies had stayed within the bounds of the Constitution, this would not have occurred. (It is my personal belief that these people were killed because of their political and religious beliefs.)
In these instances, and many, many others, State of Texas officials either sat by and did nothing or actually helped the federal agencies violate the rights of Texans. In law this is called "failure to interpose."
The primary reason men and women institute government among themselves is to provide for a common defense of their rights and liberties. When that government fails to do so, the people "...have at all times the inalienable right to alter, reform or abolish their government in such manner as they may think expedient." (Texas Constitution, Section 2.)
We find these same principles in the Declaration of Independence:
"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
to these ends, it is the right of the people to alter or abolish it, and
to institute new government ..." (US Declaration of Independence.)
The Republic of Texas will have a small, limited government, which will be kept that way by limiting its income to 1% of all imports and exports. In the U.S. today, when you hear a knock at the door, you have real reason to fear it is a raid by the IRS, FBI or BATF. These agencies will not exist in the Republic of Texas, since there will be no funds for them.
But wait, it gets even more bizarre. McLaren funneled the warrants through the "Empress" of the "Washitaw Nation" who claims to own most of the United States. This was an attempt to launder the money through the empress's international bank accounts.
The United States' Secret Service confiscated 55 warrants amounting to $1,749,630,000 in Puerto Rico on November 13, 1996. These warrants were flown out of the Fort Davis headquarters of McLaren (hot off the press) by Lear jet in the dead of night by a group of McLaren's followers. Archie Lowe, [then] president, later defended their actions. Lowe then issued an "executive order" to try to have several opposing council members arrested.
In the process of trying to spend $2.5 billion in bogus money, McLaren ordered almost $8,000 of merchandise from an Austin jeweler, Kelly's Jewelry. He paid for half the order in advance with conventional money, then paid the balance with a bogus warrant. Kelly's Jewelry has been left holding the bag.
As these events began to leak out, the council was confronted by a shouting crowd demanding answers at the General Council meeting in Odessa November 16. The reaction by the McLaren faction of the provisional government was to issue an executive order cancelling all future Council Meetings, and to tell their followers that they would issue informational releases to them from time to time.
They then issued a press release that the State of Texas' government had been successfully "absorbed" by the provisional Republic of Texas, and that a "coalition" government has been established. So that means that one person with a handful of followers has now absorbed thousands of Republic of Texas citizens and millions of people living in Texas who know nothing about the Republic of Texas movement. The group has formed what they call the "Second Provisional Government" of the Republic of Texas and will most likely continue to be a problem for those seeking true, honest independence for Texas, but they will probably fade from the scene as their support and donations dwindle. As I formerly supported these people, I am disgusted at their treachery and feel obligated to make this public.
One redeeming note is that the Republic of Texas citizens convened a common law grand jury which indicted the [former] president, vice president, and chief ambassador (McLaren) on six charges, including treason and fraud. The citizens later met in convention and removed the indicted council members from office. A letter from the citizens is being sent to Texas State Attorney General Dan Morales informing him that these people acted on their own, without the knowledge or consent of the citizens.
This situation just reinforces some folk wisdoms. One - Human nature doesn't change; power and greed are mighty motivators. Two - You can't elect a government official and then sit back and trust him or her to do their job without some checks and balances and constant vigil by the citizens.
However, this bad experience doesn't change the wishes of many for Texas to reclaim her heritage as an Independent Nation. The United States still has serious problems, a serious debt situation, and is infringing on states rights and individual freedoms. Executive orders by the[ir] president continue to effectively set aside the Constitution.
Followers of the Republic of Texas have elected new leaders and established a citizens' Oversight Committee. Hopefully, with close watching, these new leaders can work toward the goal (an independent nation with liberty and justice for all) with integrity and honesty. It has been forcibly brought home to us once more that for government by the people to work we must stay constantly alert and involved.
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Buffalo Creek Press
http://buffalo-creek-press.com
Email micki@buffalo-creek-press.com
Orders 1-800-610-4908
Publisher of Dr. Eugene Schroder's "Constitution:
Fact or Fiction" and Micki Nellis' "Logan and the Duck Patrol."
