Notice and Demand NH DCYF to Follow Due Process of Law – Legal Notice and Warning. To: Lori Weaver, Commissioner of the New Hampshire Department of Health and Human Services, Representative Leah Cushman.
From: Cc: Representatives Emily Phillips, Mike Belcher, Kelley Potenza, JR Hoell, Lisa Mazur, Jake Brouillard, Riche Colcombe, John Sellers
_______________________
Notice to agent is Notice to Principal and Notice to Principal is Notice to Agent
I, First and Last Name , one of the people, as seen in New Hampshire Constitution Bill of Rights Articles 1, 2, 7, 8, 10, 12, 32, and 38, Sui Juris, am serving you with due notice; so that you, Lori Weaver, as Commissioner of the New Hampshire Department of Health and Human Services (NH DHHS), in charge of New Hampshire Division for Children, Youth and Families (NH DCYF), and Representative Leah Cushman, as agents of the people, may provide due care, remember your fiduciary duty as an Agent of The People, which binds you, and immediately acknowledge the following constitutional facts and redress the following grievance;
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Take notice that by accepting paychecks and assuming the duties to become a public trust officer, it is your fiduciary duty to protect the liberty interests of the People. By accepting the office, you agree to become a Trustee and Agent of the People as seen in NH Const. Pt. 1 Art. 8;
New Hampshire Constitution Part 1 Article 8. [Accountability of Magistrates and Officers; Public’s Right to Know.] All power residing originally in, and being derived from, the people, all the magistrates and officers of government are their substitutes and agents, and at all times accountable to them;
Take notice that New Hampshire DCYF personnel have been and are continuing to operate outside of the terms of the agreement found within the Express Trust Indenture known as the New Hampshire State Constitution. In an “Express Trust Indenture,” only what is expressly written is granted authority, and what is not expressly written is forbidden. As an officer and agent of the People, you are bound by fiduciary duties to adhere to the expressly delegated grants of authority issued in the NH Constitution. (See evidence below);
Maxim of Law: QUOD SUB CERTA FORMA CONCESSUM VEL RESERVATUM EST NON TRAHITUR AD VALOREM VEL COMPENSATION. That which is granted or reserved under a certain form is not [permitted to be] drawn into valuation or compensation. Bac.Max. 26, reg. 4. That which is granted or reserved in a certain specified form must be taken as it is granted, and will not be permitted to be made the subject of any adjustment or compensation on the part of the grantee. Ex parte Miller, 2 Hill (N.Y.) 423;
Take notice, Representative Leah Cushman, that I wish for you to show where in the New Hampshire Constitution Legislature has an expressly written grant of authority to form an entity that takes children from families without using constitutional due process;
Take notice that the People have Common Law private rights protected from any compelling public interest the government may claim it has to take children, especially when the government has no first-hand witness sworn affidavits of a trespass by one of the people toward another one of the people. Furthermore, the entity known as DCYF is a creature of the legislature and operates by legislative statutes. There is no jurisdiction for statutory entities to utilize legislatively enacted statutes, to terminate Common Law Rights belonging to any One of The People. Black’s Law 5th Edition defines Common Law as being distinguished from law made by legislative enactment. So a legislative creature by the name of DCYF, moving on the jurisdiction of Legislatively enacted statutes, operating courts that are not independent of the legislature and therefore by definition are not independent courts of record, are collaborating to usurp jurisdiction not belonging to them, to terminate Common Law rights of parents to maintain custody of their own children. Government cannot summarily change the status of one of the people from being one of the people, to other statutory statuses such as obligor, non-custodial parent, terminated parent, etc., without constitutional due process trial by jury, in order to gain jurisdiction in an attempt to bypass the people’s Common Law Private Rights;
Take notice that legal form must be followed; that the NH Constitution is the highest form of law in NH and that its provisions are mandatory (See Mason’s Manual Chapter 2 Section 7 paragraph 1). All laws created by government agents must be in pursuance to the Constitution as stated in NH Const. Pt. 2 Art. 5, no law is permissible that is repugnant or contrary to the Constitution; all rights are reserved to the People; all public officials have a duty to follow the law as seen in the New Hampshire Constitution, whether they swore oath to uphold it, or accepted the trust by way of implied contract; (See evidence below);
Maxim of Law: FORMA LEGALIS FORMA ESSENTIALIS. Legal form is essential form. 10 Coke, 100;
Take notice that when a person becomes an agent of one of the People, it becomes a presumption of law that the agent assents to all the terms of the contract. It is also a presumption of law that an Agent who does not perform the lawful instruction of their Principal, the People, is in breach of Trust unless clear written evidence can overcome that presumption. You are an Agent and Trustee of the People, and your acceptance of office confirms your assent to accept the terms of the trust indenture known as the NH Constitution. (See evidence below);
Maxim of Law: An agent is a person authorized by another to act on his account and under his control. Wasilowski v. Park Bridge Corp., 156 F.2d 612, 614;
Take notice that in every case where the rights of any one of the People are trespassed, “a capacity [exists] residing in one man of controlling, with the assent and assistance of the state, the actions of others.” Holl. Jur. 69. (Blks. Law, 4th Ed. p. 1486) The term “right,” in civil society, is defined to mean that which a man is entitled to have, or to do, or to receive from others within the limits prescribed by law. Atehison & N. R. Co. v. Baty, 6 Neb. 40, 29 Am.Rep. 356. (Blks. Law, 4th Ed. p. 1487);
CONSTITUTIONAL RIGHT. A right guaranteed to the citizens by the Constitution and so guaranteed as to prevent legislative interference therewith. Delaney v. Plunkett, 146 Ga. 547, 91 S.E. 561, 567, L.R.A.1917D, 926, Ann.Cas.1917E, 685;
New Hampshire Constitution Part 1 Article 2 [Natural Rights.] All men have certain natural, essential, and inherent rights among which are, the enjoying and defending life and liberty; acquiring, possessing, and protecting, property; and, in a word, of seeking and obtaining happiness. Equality of rights under the law shall not be denied or abridged by this state on account of race, creed, color, sex or national origin;
PURSUIT OF HAPPINESS. As used in constitutional law, this right includes personal freedom, freedom of contract, exemption from oppression or invidious discrimination, the right to follow one’s individual preference in the choice of an occupation and the application of his energies, liberty of conscience, and the right to enjoy the domestic relations and the privileges of the family and the home. Black, Const. Law (3d Ed.) p. 544. Butchers’ Union, etc., Co. v. Crescent City Live Stock, etc., Co., 111 U.S. 746, 4 S.Ct. 652, 28 L.Ed. 585;
Maxim of Law: JURA SANGUINIS NULLO JURE CIVIL! DIRMEI POSSUNT. The right of blood and kindred cannot be destroyed by any civil law. Dig. 50, 17, 9; Bac.Max. reg. 11; Broom, Max. 533; Jackson v. Phillips, 14 Allen (Mass.) 562;
Take notice that it has been made completely clear in section 1101 (6)(d) of the 1935 Social Security Act that there was never an original intent for the Legislature to grant authority to take children against the parents’ objections. (See evidence below):
1935 Social Security Act 1101 (6)(d) [Original Intent of Legislature]
(d) Nothing in this Act shall be construed as authorizing any Federal official, agent, or representative, in carrying out any of the provisions of this Act, to take charge of any child over the objection of either of the parents of such child, or of the person standing in loco parentis to such child. [Emphasis by Highlight Added];
Take notice that DCYF has no authority to interfere with the liberty interest of the People they swore to protect. The People have assembled and now realize and know that government actors have been coming together and using Federal Title 42 programs (non-positive law), and legislative tribunals (not courts of record) to take children from parents unlawfully, without due process of law. This creates a conflict of interest, when our State Trustees who have a fiduciary duty to protect our life, liberty, property, and pursuit of happiness, are accepting federal funds in exchange for taking people’s children from them. This is a clear breach of trust and breach of contract. Children are the private liberty interest of their parents and no government agent or officer has any authority to remove a child from the custody of the parent(s) without proper constitutional due process, to wit, a trial by jury in a judicial court of record. For a public official to remove a child from the home without due process is a public interference of the private liberty interests of the People and is a trespass; harming the people by depriving inalienable rights is an irreparable injury;
Maxim of Law: He does what is contrary to the law who does what the law prohibits; he acts in fraud of the law who, the letter of the law being inviolate, uses the law contrary to its intention. Dig. 1,3, 29;
Maxim of Law: JUS EST NORMA RECTI; ET QUICQUID EST CONTRA NORMAM RECTI EST INJURIA. Law is a rule of right; and whatever is contrary to the rule of right is an injury. 3 Bulst. 313.
Take notice that you, Lori Weaver, are instructed to immediately and openly declare that DCFS is engaged in the unlawful acts of using federal government money and nonjudicial, legislative tribunals, to infringe upon the rights of parents, by taking their children using courts not of record, without constitutional due process. You are further instructed to immediately issue a cease and desist order to all NH DCYF personnel to preclude them from unlawfully removing children from the custody of their parents without constitutional due process of law;
Take notice that in the event Lori Weaver ignores this notice or fails to respond to this lawful instruction, by showing where she has constitutional authority, via sworn affidavit, to use federal tax money through Title 42 programs which are non-positive law, and authority to remove children from the custody of their parents without due process, and to use non-judicial tribunals to infringe on the rights of parents without constitutional due process, then NH Representative Leah Cushman is hereby instructed to form a special committee to investigate NH DCYF and Lori Weaver for all of the above-mentioned trespasses on the People’s constitutional rights. Prior to the investigation, Rep. Cushman is instructed to make a public notice to invite all people in NH to remit affidavits attesting to any trespass by NH DCYF;
Please take final notice: As Trustees and Servants of the People, if you believe these statements to be untrue, or if you believe that you have the authority to disregard the form of law and trample the inherent rights of the People by refusing to follow the demands in this notice, then you must respond by affidavit, point by point, sworn under penalty of perjury, showing what constitutional authority you have as an agent of the People to disobey these demands. If you fail to show clear grants of constitutional authority from within the New Hampshire Constitution and do not then proceed to halt all further taking of children by DCYF without constitutional due process, then your actions are a trespass against the People with full knowledge, intent, and malice. Any disputes by any public officials bound by contract to the New Hampshire Constitution agree to have these matters heard before an Arbitrator of my choice and to be bound thereby, and agree that no court will be able to rehear this matter. All responses must be submitted by affidavit, point by point, sworn under penalty of perjury within fourteen (14) days of receiving this notice, or you agree, by acquiescence, that all statements in this notice are true and fact. Further, you agree that you are acting with full intent, knowledge, and malice by trespassing against the People and that this notice shall stand as evidence, truth, and law in all courts of record. Whether you plan to comply with the demands of this notice or to rebut them, please send your correspondence to the physical mailing address of New Hampshire House Representative Leah Cushman.
Virginia Constitution Article 1 Section 15 Qualities Necessary to Preservation of Free Government
“That no free government, nor the blessings of liberty, can be preserved to any people, but by a firm adherence to justice, moderation, temperance, frugality, and virtue; by frequent recurrence to fundamental principles; and by the recognition by all citizens that they have duties as well as rights, and that such rights cannot be enjoyed save in a society where law is respected and due process is observed.”
This notice is sent to you in peace and with the love of Christ so that you may provide due care to those who have all political power, the People.
Any man or woman who decides to suppress this notice agrees to pay due regard of ten thousand dollars ($10,000) per infraction.
