The Tom Hyland Story
One Citizen's Quest to Travel Free and Claim and Exercise Constitutional Rights and Now, Alert His Fellow Citizens into Awareness
Dear Patriot,
Tom Hyland is a citizen of Santa Fe, New Mexico who is fed up with the unconstitutional machinery of government system operative in his state, and in ALL others, by whom government, fraudulently, and deceptively, coerces, under threat, Sovereign American Citizens, against their will, into participating with the state Motor Vehicle Division which regulates "driving", "driver's licenses", plates and insurance. Rights guaranteed in the Constitutions may not be controlled, legislated, manipulated, limited, restricted, denied or taxed, in any way. However, in this country, if the Citizens do not know, claim, demand and enforce their Rights, then they have none. Tom knows this and has been the "beligerant claimant in person".
Every American Citizen has the Right of free and unrestricted travel in this Nation. According to laws well established he is free to travel in his own private motor conveyance, upon the public roads. When Citizens are unaware of their Rights and allow those Rights to be converted into "privileges", which then are controlled, manipulated and taxed, those Citizens willingly surrender their Rights and, in so doing, collude and conspire with government to defraud and deprive themselves of Rights guaranteed in the Constitutions, both federal and state. We the People have been duped into participating in this fraud by our own governments. When government deals with the People, the People should be able to expect, in this "free" Nation, that government will deal "lawfully" with them, and not "defraud" them, as a usual custom, practice and policy of government. The expectations rarely, if ever, meet the reality of actual government practice, yet the People do little, if anything, to stop it. Do you see why the governments have no respect for the People?
Tom won two cases in New Mexico courts brought by the State of New Mexico against him for "no driver's license, no plates, no registration, and no insurance". Both cases were dismissed, with prejudice, and have established precedents, whether recognized, or not. To expose this fraud and restore Constitutional governance to New Mexico, Tom filed a Complaint and case in the state's first judicial district court, in Santa Fe, against 34 individuals who work for the machinery of government of the State of New Mexico, including governor, Bill Richardson, who is currently running for president. Bill is one of many defendants in this case who defaulted, as did all members of the state supreme court. The first judicial district court is listed in Dun & Bradstreet as a "private company", whose principal officer is one Patricio Serna, who may or may not be the same Patricio Serna who is a justice of the state supreme court and a defendant in the case. You may be very surprised to learn that your own "friendly" court in your own location may also be listed as a private company or corporation, operating as a business, for profit, rather than as one of the three branches of government, theoretically “serving” the People under Constitutional mandates. Check with Dun & Bradstreet and obtain printouts from them regarding this, then use them.
The following article by Tom Hyland, reprinted here with his permission, explains what Tom did to voluntarily surrender his "driver's license", plates and registration to the MVD, for which he received a print-out from the MVD which upheld his Constitutional Rights and declared him a "Non-driver".
I ask all of you who read this to send copies by email or printed copy to ALL of your friends and associates, and ask them to disseminate this as widely and deeply as possible, to their friends, family and associates, everywhere. Possibly you know of or have a local newspaper, magazine or Patriot publication that will print this.
Few will have the greatness to bend history; but each of us can work to change a small portion of events, and in the total of all those acts will be written the history of this generation ... It is from numberless diverse acts of courage and belief that human history is thus shaped. Each time a man stands up for an ideal, or acts to improve the lot of others, or strikes out against injustice, he sends forth a tiny ripple of hope, and crossing each other from a million different centers of energy and daring, those ripples build a current which can sweep down the mightiest walls of oppression and resistance.
Let's get behind this true American Patriot!
In the battle for Liberty,
THE JAILHOUSE LAWYER
http://www.angelfire.com/az/sthurston
Awareness is the single most important ingredient of our
lives. Without it we remain in the dark and ignorant; forever
unable to know what we don't know.
A
LONG STRANGE TRIP
I have lived in New Mexico for over 40 years, and 18 of those
years in Santa Fe County. Most of my friends are self-created
types who work for themselves, as this is also my lifestyle.
Having made a living since the age of 17 as a sign maker and
graphic designer, has enabled me to appreciate the freedoms
my lonely schedule affords me, and I have attracted similar
life-styled friends who are fiercely independent and curious
as to the workings of our government and encroachments upon
their rights. It is my impression that individuals who remain
employed throughout their lives are less likely to have the
time to study, question, or oppose authority. The true
reality of the original intent of our nation is that We The
People ARE the authority. All agents, officers, and officials
of this nation are our servants, but because it is human
nature that a government unchecked will grow into an abusive
and dangerous entity, the servants of this nation must pledge
an oath to defend and protect the Constitution, which is the
foundation of all law and the guarantee that your Rights will
remain inalienable.
In my studies I learned many years ago that the driving code
is commercial in nature. I obtained my first drivers license
at the age of 14 after completing a drivers training class at
Roswell High and have been a licensed driver until July 26,
2004. On that day, I visited the New Mexico Motor Vehicle
Division headquarters in Santa Fe and returned my license,
registrations, license plates, Certificates of Title, and
anything else that had the word MVD printed upon it. I
requested the secretary to print out the latest summary of my
"Client History" which defined me as a "Non-Driver" with one
surrender and no violations.
By law, the only individuals who are required to license
themselves and their vehicles are those who are involved in
the commercial activity of transporting goods or paying
passengers for a living. We The People have a Right to own
the cars we have purchased and travel upon the public Right
of Way. However, it has been written since the times of horse
and buggy that the commercial activity of transportation
shall be a regulated privilege. "The right of the citizen to
travel upon the public highways and to transport his property
thereon, either by carriage or by automobile, is not a mere
privilege which a city may prohibit or permit at will, but a
common law right which he has under the right to life,
liberty, and the pursuit of happiness." Thomas v. Smith, 154
SE 579.
In my meeting with the directors of the MVD, I opened the
books of laws defining these commercial activities and read
aloud certain passages describing jurisdiction and intent. I
asked the directors if they could prove anywhere, in written
law, that the Citizen must relinquish his right to travel and
subvert that freedom into a paid-for privilege. The directors
were unable to interject any proof at all except to say I am
welcome to my opinions. I was reading from a page titled
"Definitions" and I pointed out that the title atop this page
wasn't "Opinions." From New Mexico Administrative Code Title
18, section 18.2.3.12, is the definition "Driving of Motor
Vehicles": "The department of public safety hereby adopts
Part 392 of Title 49 of the Federal Regulations with no
amendments." I offered the page from 49 CFR 392 for them to
peruse, which begins with the headline: "Driving of
Commercial Motor Vehicles." At that point, the directors went
silent and I told them I would return the following Monday
and close my account.
About two months later, I was detained in a traffic stop by a
Santa Fe police officer whose probable cause for stopping me
was her observation that there was no license plate on my
pickup truck. I showed this officer an Affidavit, executed on
the day of July 24th, attesting to the items returned to the
MVD. I showed the officer the printout from the MVD database
of my status as a non-driver. And, I produced the same
definitions from Title 18 and the Code of Federal Regulations
I mentioned in the previous paragraph. This officer was
confused and unable to reach a decision without calling her
commanding officer, and this other fellow arrived shortly
thereafter. He read over the same facts, laws, and evidence,
and ordered that my truck should be towed away, and held in
ransom, until I became, once again, a participant within the
commercial driving codes defined by Title 18. At the moment
the front wheels of my truck were lifting off the ground, the
original officer said, "So, tell me some more about your
rights." I replied, "These are your rights, too, but you told
me earlier that you didn't want to hear anything about the
Constitution or my rights." She replied, "Yeah.... that's
correct."
I immediately phoned Sheriff Greg Solano to inform him of
this attack upon my rights and my property. The Sheriff, in
America, is the only elected police officer, and he has the
authority, and duty, to protect and defend his citizenry
against all enemies, foreign and domestic. The Sheriff has
the authority and power to eject any agent from any federal
agency operating without court ordered warrant, be it FBI,
CIA, IRS, ATF, ICE, or any other problematic initials, that
are operating within the boundaries of his county
jurisdiction. Every phone call to my sheriff went unanswered.
Over the next two weeks, I wrote the sheriff two letters. In
a written letter to me, Sheriff Solano replied, "... until
such time as a court of law rules that citizens may declare
themselves sovereign, I cannot act to assist you in this
matter. As you well know, I am sworn to uphold the
constitution and the laws of the federal, state, and local
governments. As part of that responsibility, I must rely on
court rulings on matters such as yours."
We The People created the Sheriff. We created the courts. We
create the judges. And there is no court that has the
authority to determine if we are sovereign, or not. Sheriff
Solano wrote that he must uphold ALL laws. The lawful
definition of a law officer is the first paragraph to NMSA 29
(New Mexico Statutes Annotated), titled "Law Enforcement." It
reads, "29-1-1. It is hereby declared to be the duty of every
sheriff, deputy sheriff, constable and every other peace
officer to investigate all violations of the criminal laws of
the state which are called to the attention of any such
officer or of which he is aware, and it is also declared the
duty of every such officer to diligently file a complaint or
information, if the circumstances are such as to indicate to
a reasonably prudent person that such action should be taken,
and it is also declared to be his duty to cooperate with and
assist the attorney general, district attorney or other
prosecutor, if any, in all reasonable ways. Failure to
perform his duty in any material way shall subject such
officer to removal from office and payment of all costs of
prosecution."
It was 30 days later when my truck was returned to me. The
third letter I wrote to the tow truck operator, apprising him
of his criminal activity of accepting stolen property, under
the lawless orders of the Santa Fe Police Department, and
their ikely unwillingness to pay for his defense in an
upcoming civil trial, convinced the man that it would be best
to remove this truck from his possession. Not knowing when my
property would be returned, I had to buy another truck, as I
live almost 15 miles from Santa Fe, and I had no practical
means to work, or buy food, or attend to my affairs. I need
to work, to earn money, however, driving to work is not a
commercial activity. If my only activity was transporting
signs, then I would be involved in commercial transportation.
Driving to work, the grocery store, or bringing a bowl of
soup to your grandmother is your right.
But... is it really MY truck? When you go to a car
dealership, and if you pay the entire amount, no financing
through a bank or loan company, you are given the "Title of
Origin" or "Manufacturer's Statement of Origin." This is the
true title to the car. The car manufacturer builds the car
and owns this property until it is delivered to the car
dealership. The car and "MSO" is handed over, for the
wholesale payment, and now, the dealership owns the car. If
the customer purchases the car with full payment, he is given
possession of the car and the perfect title, the MSO.
Unwittingly, that individual seeks out the nearest MVD
office, hands over the perfect title in exchange for the MVD
fabricated "Certificate of Title", it says "MVD" right on it,
and now THE STATE OWNS YOUR CAR in a commercial privilege
defined as "driving. " Your full compliance is met when you
attach a license plate, with registration sticker, to the
bumper, and you carry the drivers license on your person.
This is what gives the cops the authority to have your car
towed away, because, in reality, the state owns your car. If
somebody shoves a gun in your face and demands your wallet,
that is called "robbery." If your property or your money has
been stolen away without your knowledge or consent, that is
called "conversion." To have been duped into a situation
where you unwittingly waive your rights and ownership of
property and convert those precious belongings into paid-for
privilege, is "fraud." To be held before a judge, or by armed
police, and to be forced to pay fines or suffer imprisonment,
is "coercion", "racketeering", and "extortion." I have
brought charges against 34 individuals, working within the
machinery of government of the State of New Mexico, and I
will say more about that later.
On January 15, 2005, I appeared at the Santa Fe Municipal
Court for a pre-trial hearing to review the charges brought
against me during that traffic stop in September. The
prosecuting attorney for the City of Santa Fe, Art Michael,
was stunned when I described to him that there was no nexus
connecting me to the New Mexico MVD. Mr. Michael asked me if
he may shake my hand. I allowed this and he said, "You are
the first person, ever, to come in here and tell me this."
All charges against me, no license, no registration, no
insurance, were dismissed, with prejudice.
On June 23, 2005, I was detained late one evening when a New
Mexico State Police officer observed that one of my
headlights was defective. Only minutes earlier, I became
aware of the headlight, and was turning my brights on, and
off, when other cars neared, and was intent on returning home
and fixing this light immediately. This traffic stop resulted
in three citations, once again, for the identical charges
listed above. However, considering me walking home several
miles in the dark, the officer waived the truck being towed.
In the ensuing months leading to a trial by jury, I mailed
the state cop so much information regarding the fraudulent
nature of the MVD, and his own upcoming performance at my
trial to testify against me, that this individual quit the
police and became a security guard.
I requested specifically that my rights to a trial by jury be
secured, and this was granted by the presiding judge, Sandra
Miera. However, as the trial approached, I asked the judge to
certify a subpoena that called for Santa Fe Prosecuting
Attorney Art Michael to appear and testify on my behalf. I
wanted Mr. Michael to describe to the jury how he dismissed
the identical charges now brought against me once again, in
my previous appearance at the Santa Fe Municipal Court. When
Judge Miera was presented with the subpoena to certify, she
recused herself from the case. And within minutes, the case
was reassigned to Judge George Anaya, but right to trial by
jury was subverted to a "hearing." A hearing is a judicial
venue in which your fate is decided by only one person, a
judge. The word "hearing" does not appear in the
Constitution, because of its biased and unfair nature, and
the framers of our Constitution underlined that only true and
fair due process of law could be met within a trial by jury.
On October 12, 2005, the hearing regarding arraignment for my
second incident was conducted at the Santa Fe County
Magistrate Court. The entire affair ended in less than 30
seconds when Judge Anaya dismissed all charges, with
prejudice. "Dismissed with prejudice" means that the matter
has been put to rest, forever, with no grounds to ever open
or re-examine again. Dismissed "without" prejudice leaves the
case vulnerable for further controversy.
On the afternoon of September 22, 2006, I was near the plaza
in Santa Fe and had just locked my truck and was walking away
when a Santa Fe police officer drove up and announced,
"Hey... you were not wearing a seat belt." I asked him,
"Isn't it a bit late to be discussing whether I was wearing a
seat belt or not?" He didn't answer that question but asked
to see all of my credentials. When I told him where my
credentials went, and how long ago, the officer retreated to
his police cruiser to confer with headquarters on the radio.
Whoever he was speaking with told him to not issue any
tickets, only warnings. The "warning" section of the traffic
citation states that you are admitting that laws have been
violated, but there will be no fines issued or court dates to
meet. I refused to admit that I had broken any laws and
signed "All Rights Reserved" just before my signature.
When you receive a traffic ticket, there is a headline atop
the page that reads, "Uniform Traffic Citation." Uniform
means this is the same procedure, the same laws, the same
jurisdiction from state to state. It is the same company
doing business over every square inch of this country. This
isn't only a New Mexico fraud, but a fraud that we suffer in
every state in the union. An unpaid parking ticket in Oregon,
from five years ago, will prevent you from renewing a
driver's license in Rhode Island tomorrow afternoon. With a
driver's license, you have no right to be on the road, you
have no right to park your car on the street.
After these three incidents had passed, I considered the
state of affairs which is my life. Having read and absorbed
the Constitution and a great many driving codes, plus, other
laws regarding income taxes, building codes, and further
studies too numerous to mention in this article, I came to
the conclusion that I am very much like a human yo-yo. My
public servants will continue forever to yank my up and down
like a toy on a string, unless I devise a civil suit that
will expose the treachery and deceit of this fraud that has
been robbing the American people for over 90 years. "The
claim and exercise of a constitutional right cannot be
converted into a crime." Miller v. U.S. 230 F 486, 489.
PART
II
Part One of this story described the many facts, laws, and
evidence I have acquired regarding the jurisdiction of
"driving", which is defined in every state as "driving a
commercial motor vehicle." The only individuals required to
hold a drivers license are those involved in the commercial
transportation of goods or paying passengers. This reality
has been underlined by over 100 Supreme Court cases, federal
and state, upholding and protecting our Right to Travel. In
July 2004, I closed my account at MVD when I surrendered
every item fabricated by that agency and received proof from
their official data base of that transaction. Since then, I
have incurred great expenses, losses, and inconvenience,
however, I knew that I would encounter many obstacles on the
road back to Our Liberty.
In preparing a body of evidence that could be used in a court
of law to prove my case, I began issuing a series of letters
addressed to my public servants. The First Amendment to the
Constitution states, in part, ... "Congress shall make no law
prohibiting the right of the people to petition the
Government for a redress of grievances." I wrote several
letters, and finally, affidavits, explaining the jurisdiction
of commercial traffic code, and how I had ended all contracts
with the MVD, and the ensuing events that unfolded. These
letters and affidavits were addressed to the Governor, the
entire Supreme Court, the Attorney General, Secretary of
State, Speaker of the House, Senate Pro Tem, Director of MVD,
Secretary of Taxation & Revenue, Mayor of Santa Fe, all
city counselors, Chief of Police, arresting officers, and
several other individuals working within their personal and
private capacities within the government agencies of New
Mexico.
Each and every letter was specified individually to notify
and remind that public official of their personal
connectedness to the machinery of government, and their duty
and oath, which would enable them to receive a complaint, and
then rectify the problem. The letters, and then affidavits,
were a primer of facts, laws, and evidence that would inform
that official of the specific nature of the commercial
driving code, and the sovereign Citizen’s Right to Travel as
a guaranteed life right, and not a paid-for privilege.
As I described in Part One, the driving code dissolves your
Right to own the very car you paid for, and your Right to
free passage upon the streets and highways of this land. When
you receive a traffic ticket, there is a headline atop the
page that reads, "Uniform Traffic Citation." Uniform means
this is the same procedure, the same laws, the same
jurisdiction from state to state. It is the same company
doing business over every square inch of this country. This
isn't only a New Mexico fraud, but a fraud that we suffer in
every state in the union. An unpaid parking ticket in Oregon,
from five years ago, will prevent you from renewinga drivers
license in Rhode Island tomorrow afternoon. With a drivers
license, you have no right to be on the road, you have no
right to park your car on the street.
Not one individual replied or answered any of my letters.
Nobody replied to the affidavits, though they were warned
that you cannot rebut an unanswered, unchallenged affidavit
by the time it is presented as evidence in a court of law. It
was a peculiar and unsettling feeling to me that not one of
the 34 individuals I wrote felt any compulsion or duty to
respond or inquire regarding the injustice of this wide
ranging malady nor did anyone express any thoughts regarding
my well being or concerns.
The civil case titled "Thomas Hyland v. the machinery of
government of the State of New Mexico” was filed at the New
Mexico First Judicial District Court on December 27, 2006.
From the paragraph "Relief Demanded" is this: "Plaintiff
Hyland demands that the rule of valid and Constitutional law
be reinstated in this instant case, to accomplish the
following: (a) Defendants be penalized for their fraud,
collusion, and conspiracy to commit fraud, conversion,
extortion, racketeering, and conspiracy to deny and deprive
Plaintiff of his Constitutional Rights, and the Court direct
the Defendants to use their authorities to correct, forever,
these crimes upon Plaintiff and all other constituents of
Defendants. (b) Stop, permanently, the unwarranted detainment
of motorists, upon the alleged probable cause that they do
not display Motor Vehicle Division license plates,
registration stickers, or seat belt compliance, as these
codes only pertain to the "licensed driver", that individual
who is involved in the commerce of transporting goods or
paying passengers upon the streets and highways of America as
an occupation. (c) Restore Constitutional governance to the
State of New Mexico, as intended by the Constitutions, and to
restore a Constitutional Republic, as required by Article IV,
Section 4, of the Constitution of the United States of
America." (d) Award plaintiff damages for pain, suffering,
mental anguish, and emotional distress arising from the
unlawful deprivation of his Constitutionally guaranteed
Rights, which are priceless........."
On Friday afternoon, May 11, 2007, I was compelled to appear
at the unconstitutional venue of a hearing, (read Part One to
better understand the unconstitutional nature of a hearing)
presided by Judge James A. Hall. Purpose of the hearing was
to rule on Motions to Claim and Exercise Constitutional
Rights, Motions for Default Judgment against 17 Defendants
who failed to answer the case, motion to proceed towards
Trial by Jury against the one individual who did answer, that
being Sheriff Greg Solano, and Right to Trial by Jury, which
is granted in the federal and state Constitutions. Counsel
for the defendants filed motions to dismiss and motions
denying proper service for all defendants. Judge Hall
committed sedition, insurrection and treason when he: (a)
denied the Constitutional Rights Motion, which means he
denied my right to claim rights, the Constitutions, all
Rights guaranteed therein, his oath, and due process of law;
(b) denied the Right of trial by jury without fee. Both the
federal and state constitutions protect the Right to trial by
jury. If you’ve read this entire article this far, then you
probably know what I’m getting at. You cannot be made to pay
for a right. The New Mexico Constitution, Article II, Section
12 states: The right of trial by jury as it has heretofore
existed shall be secured to all and remain inviolate.” The
efforts of Hall extracting fees from the Citizenry to
exercise basic Rights guaranteed in the Constitutions could
be compared to the moneychangers who set up business in the
temple.
Hall stated he wanted the case determined on its merits,
which is this story I am telling, yet, he dismissed Sheriff
Solano from the case without any consideration, fact, or law,
whatsoever, for the merits of the case concerning Solano.
Hall ignored the Certificate as to the State of the Record,
attested to by the court clerk, stating that 17 defendants
were in default, and in contradiction to court rules, denied
my Motion for Default Judgment. Hall stated that the Supreme
Court can modify, restrict or overturn the Constitution, and
can "interpret" the Constitution, which again, is sedition,
insurrection, and treason. Hall disobeyed the Code of
Judicial Conduct, including the requirements to be unbiased,
fair, just and impartial in the conduct of his duties before
the court.
There has been a second hearing slated for June 8, to
determine if the case shall move towards trial concerning 33
remaining defendants, though 17 of those defendants were
certified "defaulted" by the court clerk, and thus, lawfully,
there would be no further controversy regarding those
individuals, except that Hall has revived their status as
defendants in cause, in an attempt to erase their record of
default, which places a fraud upon the court, and further
exemplifies Hall's behavior as traitor to his oath and the
people he swore to serve and protect. Diligent work has been
accomplished by myself and several Citizen witnesses at this
hearing and we have filed charges against James Hall for
treason. "Crime is contagious. If the government becomes a
lawbreaker, it breeds contempt for law; it invites every man
to become a law unto himself; it invites anarchy." Olmstead
v. United States, 227 U.S. 438.
The actions of "Affidavits of Observation of Treason, Active
in the First Judicial District Court by James Hall, Acting as
Judge, Pursuant to his Oath", delivered to state and federal
officers, should bring this man down and remove him from any
claim to position or retirement benefit. However, the
performance of Mr. Hall, and his dismissal, might be only the
beginning of the results of corruption that has been
festering within our Judicial District Courts. If you visit
the public records of Dun & Bradstreet, the corporate
financial data base, you will learn that the First Judicial
District Court has incorporated itself as a "Private Company"
since the year 2002. Its chief executive officer is one
Patricio Serna, who may be the same Patricio Serna who sits
as a member of the New Mexico Supreme Court. It appears that
every District Court in New Mexico has incorporated and is
open for business, privately. This might explain how the case
I presented, based solely on facts, evidence and
Constitutional law, has been attacked by “opinions” and
statutes inferior to the Constitutions. Also, a “conflict of
interest” would be an enormous understatement to describe a
“court” where the “CEO” is one of the defendants in my case.
There is a growing interest among the supportive parties to
this case to reveal the putrid rot that is being flaunted on
public record as a court that displays total indifference and
arrogance regarding its original duties and purpose, which
are to uphold the Constitutions, the People’s Rights
guaranteed therein, and to serve justice. I thought the
courts were for the people, but alas, we have had these
stolen away and now they belong to small and private groups.
The major goal of any company is to reap profits for its
officers and shareholders. In view of this diversion from the
original intent of our Constitutional justice system, it is
perhaps inevitable that Mr. Hall would develop a clouded view
as to where his allegiance lies.
By
Tom Hyland
5 Bishop Lamy Road
Lamy, New Mexico
(505) 466-7525
PLEASE DISSEMINATE THIS NEWSLETTER AS WIDELY AND DEEPLY AND
BROADLY AS YOU POSSIBLY CAN. THE MORE CITIZENS WHO BECOME
AWARE OF THIS FRAUD, THE MORE LIKELY A HUGE GRASS ROOTS
MOVEMENT WILL ARISE, SPREAD AND STOP THIS SYSTEMATIC SCAM.
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