Thomas Murrell Thornhill III
c/o Box 1755, U.S.P.S.
Nevada City, California, United States of America
In my own person, without assistance of counsel
No telephone service maintained
[Date]

THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT

OF CALIFORNIA (28 U.S.C.A. 84)

THE UNITED STATES	)
	)	Declaration/Affidavit
	)	of
versus	)	Thomas Murrell Thornhill III
	)
THOMAS M. THORNHILL, III	)	Case number:
(a fictitious entity)	)	Date:
	)	Location:
	)
	)
	)

Declarant, with all Due Respect, does Declare and Affirm that:

A. Declarant,_________________________________________, is a natural born, white Man, one of the People of the United States of America and one of the People of California; is here Special Visitation only, and without the benefit of the Assistance of Counsel; for the sole and exclusive purpose of Noticing this purported court as to its lack of lawful or legal Jurisdiction as to the subject matter and to my person.

B. One of the fundamental and essential basics of a valid judicial proceeding sufficient to comply with the Due Process requirements of the Fifth Amendment to the Constitution for the United States of America is that of a 'court of competent jurisdiction'.

1. Declarant is not now, and never has been, a licensed or trained Attorney and must pray the court's reasonable indulgence and waiver of any perceived or imputed deficiencies as to the form of this Declaration.

2.a. Declarant, after reasonable inquiry believes that the subject matter of this proceeding, the legal fiction THOMAS M. THORNHILL III, is a creation of, and the property of, THE SOCIAL SECURITY ADMINISTRATION.

2.b. Declarant is not knowingly the Attorney, nor the Accountant, nor the Fiduciary, nor Withholding Agent, nor any other legal representative for the legal fiction entity, THOMAS M. THORNHILL, III; and will not, does not, and cannot, undertake said task.

3.a. Declarant has personally diligently read the official UNITED STATES DEPARTMENT OF DEFENSE documents: Army Regulation 840-10 (1979), Heraldic Activities: Flags, Guidons, Streamers, Tabards, and Automobile and Aircraft Plates and its supersede Army Regulation 840-10 (Revised 1 June 1998), Heraldic Activities: Flags, Guidons, Streamers, Tabards, and Automobile and Aircraft Plates [Library Of Congress call number D 101.9:840-10|998, GPO PIN 004641-000] attached and incorporated herein as Exhibit 1.

3.b. In reasonable reliance upon the information contained in the afore-referenced official documents, Declarant reasonably infers that this court appears to be openly and notoriously sitting as some form of court-martial/military tribunal of The United States.

4. Declarant reasonably infers, based upon the following information, that the statutory authority of this 'court' to sit as a court-martial/military tribunal appears to have expired September 14, 1978.

50 USC Sec. 1601 01/26/98
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 34 - NATIONAL EMERGENCIES
SUBCHAPTER I - TERMINATING EXISTING DECLARED EMERGENCIES
Sec. 1601. Termination of existing declared emergencies

(a) All powers and authorities possessed by the President, any other officer or employee of the Federal Government, or any executive agency, as defined in section 105 of title 5, as a result of the existence of any declaration of national emergency in effect on September 14, 1976, are terminated two years from September 14, 1976. Such termination shall not affect-
(1) any action taken or proceeding pending not finally concluded or determined on such date;
(2) any action or proceeding based on any act committed prior to such date; or
(3) any rights or duties that matured or penalties that were incurred prior to such date.
(b) For the purpose of this section, the words "any national emergency in effect" means a general declaration of emergency made by the President.
(Pub. L. 94-412, title I, Sec. 101, Sept. 14, 1976, 90 Stat. 1255.)

6.a. Declarant has knowledge certain that Declarant is not currently, and never has been, an enlisted or commissioned member of the armed forces of The United States or of the State of California.

6.b. It is an undisputed fact that Declarant, at age 52, is too old to be a member of the statutory militia, per 10 U.S.C.A. 311(a):

The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.

7.b. It is an undisputed fact that Declarant is not an officer of any corporation created by either The United States or The State of California.

B.1. Declarant knows of no lawful reason why or how this court, while openly and notoriously sitting in the form of a court-martial/military tribunal, could have, or should acquire, lawful or legal jurisdiction over said Declarant, a private American man.

B.2. Declarant declares and affirms that to the extent that this court is openly and notoriously sitting in form as a court-martial/military tribunal, it is in relation to Declarant coram non judice (i.e., not a court of competent jurisdiction), lacking both subject matter [military personnel] and personal jurisdiction [service of process].

B.3. Declarant does NOT Consent to trial, under any pretext or pretense, before a United States "summary", "special", or "general" court-martial/tribunal/commission/etc.

C. Declarant reserves the Right to remove this matter to the nearest Article III district court of the United States, sitting as a civilian court, as soon as this court shall disclose to Declarant where said civilian court is located.

1. "The federal district courts are created and established by Congress pursuant to the authority vested in it by the Constutution,[68. Seligmans, Inc. v. U.S., D.C.La., 30 F.Supp. 895] and the words "district court of the United States" are commonly used to describe constitutional courts created under Article III of the Constitution, [68.5. International Longshoremen's and Warehousemen Union v. Juneau Spruce Corp., Alaska, 72 S.Ct. 235, 342 U.S. 237, 96 L.Ed. 275] and not the legislative courts which have long been the courts of the Territories.[68.10. [same case]]"
36A CORPUS JURIS SECUNDUM (1995), FEDERAL COURTS, § 302.

"A district court of the United States is a creature of Congress; [87.50. Cochran v. St. Paul & Tacoma Lumber Co., D.C. Wash., 73 F.Supp. 288] a creature of the legislative branch of the government. [87.55. [same case]] While it is generally provided for by the Constitution, it is not, in a stricter sense, a constitutional court, [87.60. [same case] ]...
"The federal district courts are courts of record. [88. In re Columbia Real-Estate Co., D.C.Ind., 101 F. 965, app. dism. 112 F. 643, 50 C.C.A. 406 ] They are not inferior courts in the technical sense of the term, [89. M'cormick v. Sullivant, Ohio, 10 Wheat. 192, 6 L.Ed. 300.] although they have been said to be inferior in the sense that their jurisdiction is limited to that conferred by Congress. [90. Cole v. Blankenship, C.C.A.W.Va. 30 F.2d 211]"
36A CORPUS JURIS SECUNDUM (1995), FEDERAL COURTS, § 305.

"In the exercise of the power, granted to it by the Constitution, to make all needful rules and regulations with respect to the territory or other property belonging to the United States, Congress may, as shown supra sec. 2, create territorial courts and confer on them judicial power. The courts so created are legislative courts [28. Mookini v. U. S., Hawaii, 58 S.Ct. 543, 303 U.S. 201, 82 L.Ed 748, conformed to C.C.A. 95 F.2d. 960; Williams v. U. S., Ct.Cl., 53 S.Ct. 751, 289 U.S 553, 77 L.Ed. 1372; O'Donoghue v. U. S., Ct.Cl., 53 S.Ct. 740, 289 U.S. 516, 77 L.Ed. 1356] rather than constitutional courts created under the judiciary article of the Constitution, [29. Mookini...; International Longshoremen's and Warehousemen Union v. Juneau Spruce Corp., 170 F.2d. 183; cert. den. 69 S.Ct. 641, 336 U.S. 919, 93 L.Ed. 1082; reh. den. 69 S.Ct. 936, 336 U.S. 971, 93 L.Ed. 1121]...
While a territorial court may be considered a "court of the United States" for some purposes, [32.5] or a "district court of the United States" in the context of particular legislation, [32.10] the words "court of the United States" [32.15] or "district court of the United States" [32.20] commonly describe constitutional courts created under the judiciary article of the Constitution and not territorial courts. Most sections of Title 28 referring to the district courts are applicable to constitutional courts of the United States only and are not applicable to the territorial courts created by Congress. [32.25. Callwood v. callwood, D.C.Virgin Islands, 127 F.Supp. 179.]"
36A CORPUS JURIS SECUNDUM (1995), FEDERAL COURTS, § 312.

E. This court is Presumed to know these cases and is requested to take Judicial Notice of them.

I certify the laws of the State of California, that the foregoing is true and correct.

Subscribed and Sworn this Day, the ______________ day of___________________ in the year of Our Lord, two thousand and two at ____________________________city, ________________________county, ____________________________State, United States of America.

_______________________________________