Ronald F. Avery

1955 Mt. Vernon

Seguin, Texas 78155





Mr. Tommy Crow


Seguin Gazette Enterprise

1012 Schriewer St

Seguin, Texas 78155



Re:       1.         The Supreme Court as of 10/14/05 denied Avery’s Motion for Rehearing exhausting all State appeals.

2.         A summary of the case and appeal and result upon the once citizens of the dissolved State of Texas.


Dear Mr. Crow,


The Supreme Court has denied my Motion for Rehearing ending the 15 month long appeal of my $6 million suit against GBRA and two employees effectively making the Fourth Court of Appeals “Memorandum Opinion” the law in Texas. Therefore, the Supreme Court of Texas says the State of Texas “presumption” of “absolute sovereign or governmental immunity” to kill the citizens or “subjects” and steal and destroy all their property “without recourse to her courts, unless waived by the Texas Tort Claims Act (TTCA) or Congressional Resolution” is lawful regardless of the Texas “Bill of Rights” excepting such powers from government forever under Art 1 Sec 13, 17, 19, and 29 of the Texas Constitution. This effectively dissolves the State of Texas.


First I must say that no one has ever won anything more completely than I won this appeal and the GBRA and the courts, Trial, Appellate and Supreme, know this, as well as I. They ruled against me but they cannot quote or cite any constitutional law against me. Seven Constitutional provisions working together and supporting the same notion support my position against the State’s unlawful “presumption of absolute sovereign immunity” to harm the Citizens without recourse to the courts. The Fourth Court of Appeals wrote a ridiculous “Memorandum Opinion” that cited only case law findings of the merit of immunity, only if one accepts the first “presumption” that the state possesses “absolute sovereign immunity.” But I challenged, for the first time in Texas, the first “presumption” and showed to all that the state does not possess a scintilla of immunity to harm the Citizen and they therefore cannot waive or assert any amount of it in the Texas Tort Claims Act or any other law they make.


I sued GBRA and two of its employees for alleged damage to improvements on my land, my property rights to develop my land and for damage to my reputation. Art 1 Sec 13 says: “All courts shall be open, and every person for an injury done him, in his lands, goods, person or reputation, shall have remedy by due course of law.” As a result of the Supreme Court of Texas ruling in the Avery v. GBRA et al case, the Legislature may and can determine when courts will be open or closed to claims against the State for harming the Citizens of Texas. The highest court in Texas says the Legislature may enact laws and codes that can open or close courts by granting or denying jurisdiction to any court in Texas for a Citizen’s claims against the State for harming the Citizen.


In case you may think that Art 1 Sec 13 may only apply to claims by Citizens against all others except the State, Art 1 Sec 29 makes it clear that all of Article 1 (Bill of Rights) provisions are to include claims against the State of Texas: “To guard against the transgressions of the high powers herein delegated, we declare that everything in this “Bill of Rights” is excepted out of the general powers of government, and shall forever remain inviolate, and all laws contrary thereto, or to the following provisions,[1] shall be void.”


The attorneys for the GBRA have stated, and I agree, that the TTCA begins with a “presumption” of “absolute sovereign immunity” to harm the citizen in every way without recourse to the courts and then it waives some of that presumed absolute sovereign immunity in three very restricted areas and then places a maximum damage recovery ceiling upon all claims that comply with the waivers. The basis of my appeal was that the State of Texas does not have a scintilla of sovereign immunity to harm the citizen of Texas as stated clearly in Art 1 Sec 2, 13, 17, 19, and 29 of the Texas Constitution and therefore the State cannot waive or assert any such rights or powers or authority to harm the citizen in the TTCA or any other act or law.


I proved beyond the shadow of any doubt with extensive quotations from the Treatises of Reverend Samuel Rutherford’s Lex Rex 1644, Algernon Sidney’s Discourses of Government 1683, John Locke’s Two Treatises of Government 1689, Frederick Bastiat’s The Law 1850, many legal scholars and professors and Thomas Jefferson, James Madison, Alexander Hamilton, and two Supreme Court of Texas cases that the governments in the United States of America and the whole world do not have sovereignty over their citizens, much less immunity to harm them. The states in the US as well as the Federal government have only the “delegated authority” from the Sovereign Citizens to protect the life liberty and possessions of each and every citizen which is the sole purpose of government. I showed that government in Texas at this time is not empowered by the present 1876 Constitution of Texas but by the Texas Tort Claims Act which is based upon a totally different and alien understanding of the relationship between the governing and the governed.


The Avery v. GBRA ruling effectively dissolves the State of Texas and it no longer exists as a lawful government but commands subjection of the inhabitants of the land called “Texas” not by social contract but by mere means of guns and badges. As you should know, whenever a government changes its Constitutional form without the consent of the governed it dissolves itself releasing  the people, once citizens, from conformance to any of its laws and authorizes the people, once citizens, to resist its force with force.


When the Citizens of Texas came together as one people and society forming a State within the United States they agreed to follow the laws made in conformance to the Constitution of 1876.  But these same “Sovereign Citizens” declared in Art 1 Sec 2 of the contract or Constitution that if the government consisting of three branches refused to enforce the Constitution that the “Citizen had at all times an inalienable right to alter, reform, or abolish it.” We have unfortunately come to this time in the history of Texas. The Citizens also declared in the same article that they were forming a republic. In a democracy only 51 percent of the people have authority but under a republic each citizen has reserved his authority under the rule of law within the constitution to maintain the protection of their own life, liberty and possessions through the court system established for their benefit. But when a Citizen is denied access to the courts and due process of law as a result of an Act passed by the Legislature (TTCA) in open violation of the Constitution (Art 1 Sec 13 and 29), a state of war has been commenced against that citizen and he has no other remedy upon exhausting those provided by the Constitution outside of an appeal to Heaven.


The appeal to Heaven brings God to the judgment seat where He will judge between the righteousness of the parties in contest and the use of force by the State is no longer authorized nor excused by God and the use of force by the victim of injustice is no longer condemned by God. Many once citizens of the United States will likely lose their lives in the near future resisting this type of domestic tyranny but they will not lose their place in the Kingdom of Heaven with Christ Jesus and the other countless saints who have given their lives to free the captives and deliver themselves from tyranny or the exercise of power that belongs to no man or group of men.


Let me caution the public on one other item related to this. The media is covering the issue of “eminent domain” but they will not likely cover the issue of “sovereign immunity.” Eminent domain is a mere child compared to its father, sovereign immunity. Sovereign immunity is the essence of what our forefathers fought against in the American Revolution and in wars against almost every enemy of liberty. The sovereign own their own lives, liberties and possessions. Under “state sovereign immunity” the citizen is reduced to a “subject” who owns nothing and the state can harm all “her property” without recourse to “her courts.” The courts conspire together with the legislature to fool the citizen in a crooked and perverse society. In this case the Supreme Court has stated in this appeal and others that they feel the Legislature has the sole authority and should make all laws related to “absolute sovereign immunity” and its waiver and assertions. They are cheating and acquiescing to the usurpation of their own authority by the Legislature in violation of Art 2 Sec 1 which forbids the exercise of power in one or more of the three separate branches of government, legislative, judicial and executive, by any one or number of those in another department. Therefore the Supreme Court should have ruled against the Legislative closure of Courts by the TTCA guaranteed to be open under Art 1 Sec 13 and they should have declared the TTCA void under Art 1 Sec 29.


The courts would like us to believe that State sovereign immunity is lawful by precedence in the common law or case law. They cite and quote from Hosner v. DeYoung as the earliest case in Texas to claim sovereign immunity to harm the citizen without judicial recourse. The Hosner case does not cite any statute, constitutional provision or case or common law or any other kind of law whatsoever to support their finding that “the state cannot be sued without its permission.” Because the courts cannot cite any constitutional law allowing such power and because the “Bill of Rights” forbids it forever, their only claim to “absolute sovereign immunity” comes from the Hosner v. DeYoung case. The Courts claim “immunity” can be adopted as constitutional if it existed prior to the Constitution of 1876 via Art 16 Sec 48 which permits the adoption of all prior existing laws, common and statutory, into the State. But the court and State conveniently overlook the portion of Art 16 Sec 48 that forbids the adoption of any common, case or statutory law of any kind that is repugnant to the present Texas or US Constitution: “All laws and parts of laws now in force in the State of Texas, which are not repugnant to the Constitution of the United States, or to this Constitution, shall continue and remain in force as the laws of this State, until they expire by their own limitation or shall be amended or repealed by the Legislature.” Now the Supreme Court has expressed through their rulings that it is the legislature alone that can change or abolish sovereign immunity.[2] But as we see clearly it is the sole job of the Supreme Court of Texas to find that sovereign immunity to harm the citizen cannot be voted on in any way by the Legislature of Texas as the Sovereign Citizens never granted any such authority or power to the State, but rather, forbid any such “transgressions” in Art 1 Sec 29.


Notice that Avery v. GBRA is the first case in Texas to challenge the “presumption” of “absolute sovereign immunity” at the base of the Texas Tort Claims Act. All other appeals regarding the TTCA challenged the constitutionality of various provisions of the TTCA and its exceptions to waivers etc. But the Avery v. GBRA appeal was denied anyway because the courts are afraid to upset the Legislature and the wealthy that are taxing the people to death and stuffing their pockets with the loot. You will also notice that no constitutional provision was cited or quoted to support their position that the State of Texas is sovereign over the Citizens who created it and have immunity to harm the Citizen without recourse to the courts. All their so-called “authorities” are case law decisions. Their “Memorandum Opinion” is completely void of a single constitutional provision. The Supreme Court in Avery v. GBRA should have overturned 158 years of void common or case law. If you would like, I will bring into your office for your review my extensive briefs filed on these most critical issues that prove what I have said.


There is one final way the Supreme Court of Texas would like to justify the damage to “her subjects” without recourse to “her courts.” They seem to think that the United States has recognized state sovereign immunity to harm its own citizens without judicial recourse by implication in the 11th Amendment to the US Constitution: “The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.” The federal government wisely limited its own jurisdiction and acknowledged the republican form of government and agency of each state in the union. The federal government would not interfere or permit a foreign citizen to sue a state through the federal government nor permit a citizen of a different state to sue another state through the federal government. This is logical, for a person cannot sue a foreign state because they do not have a contract or constitution with the foreign state. However, contrary to the whim of the Texas Supreme Court, the 11th Amendment did not touch the subject of a citizen bringing a suit against their own state for harming their own lives liberties and possessions also guaranteed to the citizens of all states within the United States. Therefore, it appears that a suit such as mine can be reviewed by the United States Supreme Court. Further this simple law always applies; the federal government, created by the states, cannot grant powers to the states that are not delegated to the state by their own Citizens. The federal government cannot enact law for the states who have been guaranteed a republican form of government in Art IV Sec 4 of the US Constitution. The present Texas Constitution forbids, forever, the harming of citizens by the State of Texas in Art 1 Sec 29 and that cannot be nullified by any act, law or implication of the federal government.


Contrary to what many lawyers and judges would have us believe, the rules of government have not changed since 1776 in the US or 1876 for Texas. The law does not change based upon complicated rulings in case law. Case law only applies the same rules of government to very different circumstances. But the law remains the same. Here is the law: The Citizen is sovereign and cannot pass his property of life, liberty and possessions to the state they create for the protection of their property. The state is empowered to act on behalf of the Citizen by the “delegation of authority” that each Citizen holds in himself. Each Citizen has a God given right to defend his property consisting of life, liberty and possessions with force of arms and that is the authority he delegates to the state. No Citizen has the right to invade or harm the property of another and no Citizen can delegate to the state what he has not in himself. Therefore the state never acquires the authority or power to harm any Citizen in any way. And if and when the state does harm the Citizen, he has recourse to the courts he has established to protect his property. The Citizen therefore always is sovereign over the state he creates for his protection and he at all times has authority to use the courts for the protection of his property. The state is the mere agent for the Citizen for the protection of his property and is subject to the Citizen if and when the state harms the Citizen in his property. This I verified at Trial, Appellate, and the Supreme Court by written research into 350 years of progress in western civilization recorded in the treatises adopted by our forefathers to form Texas and the United States of America and confirmed by our constitutions.


Therefore, the Supreme Court of Texas has failed the once Citizens of Texas and have effectively dissolved the State of Texas. I have successfully shown that we as a people in this area presently called “Texas” do not have the “rule of law” so often spoken of by “president” Bush upon attacking other nations. “President” Bush has selected a theme for his last four years in office, namely, “the ownership society.” Yet Texans have no property at all and are at the complete mercy of their oppressive unlawful “state” that does not recognize any property rights other than those the Legislature grants to them out of their magnanimous benevolence.


I encourage all people in the area of “Texas” to spend time educating yourself about what the limited powers of government are in order to protect your property. This is not about terrorism, Muslims, oil or economics. This is about good old fashioned tyranny where the government in “Texas” is out of control and nothing can restore lawful government in the area called “Texas” without the education of the population. The public schools have failed miserably to fulfill their sole purpose given only in Art 7 Sec 1: “A general diffusion of knowledge being essential to the preservation of the liberties and rights of the people, it shall be the duty of the Legislature of the State to establish and make suitable provision for the support and maintenance of an efficient system of public free schools.” I don’t know of a single graduate of the free public schools in Texas that is even slightly prepared to protect their liberty and rights. For that matter, I do not know of a single college graduate from TLU, Texas State, UT or any other College that is prepared to do that.


If you do not know what your relationship is with your state and your state’s relationship with your federal government or your relationship to same, you are lost for sure in the coming abject tyranny of the “borderless world” being created by the Republicans and Democrats. We all need to pray for a return of the knowledge of the Christian fundamentals of government in the US and Texas so that we do not perish in a lawless world without knowledge of God and his laws that determine the relationships of men and governments in the presently established Kingdom of Heaven on Earth. Let’s pray for restoration of justice at home and that our troops do not spread abroad that which is not lawful at home. Pray that God accept our repentant prayers and that he bless us once again with his own rule of law established by His saints, our forefathers.





Ronald F. Avery


[1] the following provisions refers to Sections 30 and 31 of Article 1 as of this writing and not to the entire body of the Constitution of Texas which follows Article 1.

[2] Refer to enclosed “Memorandum Opinion” by the Fourth Court of Appeals, San Antonio upheld by the Texas Supreme Court.