The Montauk Gazette©

Publication of Record - The Incorporated Township of Montauk Vol. VI no. 1 (5,500 printed, 5,100 mailed), August, 2009 50

To all of the Freeholders and Inhabitants of the Incorporated Township of Montauk Town of Montauk, Inc. Your Rights and also to the honorable Governor David A. had been filed after Montauk received a clear and Your Lands Patterson, Chief Justice Jonathan Lippman, unambiguous order upon Your Montauk Attorney General Andrew M. Cuomo, and all intervention, made as a of the magistrates, officials, Senators and matter of right pursuant to Assemblymen of the State of New York, see: Update, at p. 2 Take a stand Suffolk County Legislators, the defendants in re: Town of Montauk, Inc., and the 1788 They are yours East Hampton has two Take them back! Towns of the State of New York, governments, the chartered 1686 Trustee Corporation PLEASE TAKE NOTICE: and a legally ficticious town The five year matter of the Town of Montauk, board. The issue in Montauk Inside Inc. v. Gov. Pataki, et. al. ended 2/12/09 at is a state supported East Hampton town board posing UPDATE ...... 1 the New York State Supreme Court, Court of as Montauk's government The Plan ...... 1 Appeals in Albany. An assembly will be under the 1909 Town Law. The Issue ...... 1 convened at the see: Issue, at p. 5 Threatened! ...... 3 "Freeholders" ...... 4 Montauk firehouse Montauk town meeting....5 Montauk v. Pataki, et. al. Bob Ficalora...... 5 Sunday, Sept. 6th, 2009 was originally intended to be joined using an Order to Conquest of New York.....6 Show Cause (OSC) in the WHY? ...... 7 from 11 a.m. to 2 p.m. to consider why Montauk's taxes should not same manner and type as in Wrongful Jurisdiction .....7 the 1851 case of Henry P. The First Assembly - Chapter be paid to the Town of Montauk until the Hedges, et. al v. Trustees of Two of Laws of 1691 ...... 9 Town of East Hampton shows how it claims the Freeholders and Montauk's Incorporations . 11 Montauk's franchise to tax and to govern. Inhabitants of the Town of Court Documents at Ten or more Montauk property owners are Easthampton that led to www.montauk.com ...... 12 immediately sought to agree to pay their tax Montauk being split off of Easthampton and then being bill into an attorney's escrow. incorporated by the State Legislature on April 2nd Sandwiches and refreshments will be served. 1852. see The Plan at p. 3 Montauk Gazette, August, 2009 1 Update from p.1 town board drew a complete blank. the State of New York continued the There is nothing there! CPLR sect..1012 in the fishing rights laws of the province, contained the Second, the decision states that "the case of People v. Stuart Bennet entire Declaration of Independence Court of Appeals did not recognize it as Vorpahl. The high court of Chief Justice within it, and also expressly protected a corporation, or as the governing body Judith S. Kaye that recognized the colonial charters to bodies politic and of Montauk, in People v Vorpahl (2 intervention by the Incorporated corporate such as the Dongan Patents. NY3d 781)". While the acceptance of Township of Montauk (People v. On January 26, 1788 the draft of the the intervention made as of right and Vorpahl, (2 N.Y.3d 781, Motion No. 277 proposed new federal Constitution was clear language of that decision indicated May 6, 2004). before the New York Assembly for to us that it did, it is not for an inferior The record before the high court in ratification when a letter was published court to flatly and adversely interpret a in Schenectady by James Madison (as Vorpahl included Mr. Ficalora's 2001 high court decision. Affidavit as Amicus containing a "Publius") in the Independent Journal Third, the court held that the comprehensive legal history of Montauk (now Weekly Gazette, Federalist #45). MFOP/Montauk Trustee Corporation is and the Articulated Rights and There was an urgent concern for the not successor to the 1852 corporation of Constitution of the Township of Montauk sovereign rights of the Freeholders and the Trustees of Montauk despite its adopted in December 2000. Nothing in Inhabitants of the State of New York efforts and assertions and a board the Court of Appeals order evidences because they were deemed to be containing a majority of Montauk that it denied intervention or otherwise threatened by the proposed new property owners. failed recognize the corporation as the federalist Constitution. The argument is more fully governing body of Montauk. On March 7th, 1788 Chapter 64 of presented in attorney Michael H. In any event, the Town of the laws of 1788 was signed into law by Sussman's Motion to Reargue which Easthampton has two governments: the Governor George Clinton that either can be read at http://www.montauk.com. Trustees of the Freeholders and established or affirmed the townships of When the 1683 Constitution of New Inhabitants created by colonial patents New York and held that: York was disallowed in 1686 by King and a 1686 charter and a Town Board “The freeholders and inhabitants of James II for the making of laws, the government of legally undocumented each and every of the said towns… who Dongan Patents granted to townships origin or existence. The imposition of a are or shall be qualified to vote at town the sovereign jurisdiction of the feudal state-supported, but legally fictitious, meetings, shall forever hereafter have tenure of the royal Manor of East body posturing as a government over Full power and authority and they are Greenwich in the county of Kent the lands and waters of Montauk hereby directed and required to (Greenwich Palace, the royal residence constitutes the usurpation of Montauk assemble together and hold town at London) over which Parliament had property owners' longstanding franchise meetings…”(emphasis added) no jurisdiction. The patents granted the right to tax and to govern under the A Freeholder in New York liberty and privilege to govern by town 1686 Dongan Patent and, therefore, (proprietor, yeoman) is a property owner meeting for the making, administering continues to violate Chapter 2 of the who holds his land in fee simple with a and enforcement of law “so alwayes as laws of 1691. sovereign jurisdiction within its meets the said acts and order be in no The May 8th 2007 decision entered and bounds. A township governed by a wayes repugnant to the laws of by the Appellate Division in Town of town meeting of the TRUSTEES of the England and of this Province which Montauk, Inc. (40 A.D 3rd 772, 773 (2d freeholders and inhabitants assembled now are or hereafter may be Dept. 2007)) is easily argued against is an extension of that sovereignty. Such established". simply by applying the same argument a government has sovereign jurisdiction The foregoing feudal tenure was to the Town Board government in within the meets and bounds of the issued to most of the English colonies in Easthampton. township of the lord of the fee within it: America (now states or First, it argues that the Town of eminent domain, escheat, and the commonwealths), and for that reason Montauk, Inc. is not an established making, administering and enforcement the Dongan patents have been referred corporation because it has filed no of law. These are foundational American to as having granted “the rights of a incorporation papers with the liberties of good government.. state within a state”. The protection of Department of State.While Montauk was such colonial charters was a central incorporated in 1686 and 1852 and we cause in the Declaration of sought judicial interpretation of them, Independence. The 1777 Constitution of inquiries with that department about the

Montauk Gazette, August, 2009 2 or the property of the Town of Montauk The Plan from p. 1 under the 1686 Dongan Patent. I first came to Montauk in 1987 when Apparently, Judge underwood was It seemed easy, the case was my wife Helen Ficalora's now late parents spooked in April 2004 when a corporation essentially res judicata. Madge and Bob Schneiderman asked for established to protect the Benson Despite the court's unfortunate my help. They owned the Breakers Motel Reservations showed up on his desk avoidance of our cause, nothing changes and when its access to the beach was after nine years dealing with parties that the fact that we are left with an illegal threatened I took a ten month leave of could not claim to represent YOU, and unconstitutional state supported absence from my job at IBM to oversee a Montauk property owners. entity claiming and injuring our law suit, the Breakers Motel, Inc. et al v. commonwealth while usurping our Sunbeach Montauk II, Inc., et ano. The In 2006, when I grew unhappy with the handling of the Breakers case, I filed sovereign franchise right to tax and to case was over two years old and stalled govern by town meeting. by attorneys. I brought on new counsel a brief as Amicus on behalf of MFOP to inform the court that it couldn't do What we were unsuccessful in and otherwise took care of business until obtaining through our judiciary I believe I went back to my job at IBM. anything for Mr. Biase because all Montauk property owners were not can be accomplished by a proposed After Madge died in 1991 I returned to before the court. The decision was process of civil duty to force the same take care of the business and the lawsuit. modified to reflect property ownership result as sought in the OSC: I again had to dismiss and hire counsel. I requirement of the Benson Covenants. directed the new attorney to file a motion It's really that simple: for summary judgement that I had drawn While stalled under protest of his Pay your property taxes into an up from papers in the record. In 1993 the treatment of our cases, Judge attorney's escrow to the Town of draft was submitted and filed, I retired Underwood re-took and dismissed the Montauk. The East Hampton Town from my position at the Breakers and 1998 case of Ficalora (as Assignee for Board will have to show why you should turned the case over to my bother-in-law MFOP) v. Town Board Gov't of the Town not pay your taxes to the Town of Jay Schneiderman. of East Hampton and Sunbeach Montauk instead of to them. Montauk, II, Inc. (Suffolk, 98-14806) after Jay attempted unsuccessfully to We are looking for ten or more good it had been reassigned to Hon. Robert withdraw the motion and it sat for almost Montauk Freeholders to meet with us Webster Oliver, J.S.C.. a year while the town Zoning Board (of upon joining in the plan before the which Jay was a member) considered a The title was then flipped to defendant September 6th Assembly, or to come dredge and dump application to take Town Board with the probability of an forward at the Assembly. 32,000 cubic yards of toxic bottom out of unrecorded reverter clause within the This mailing is going out to essentially Lake Montauk and dump it on the transaction such had been stopped by all of the supreme court judges within our Benson Reservations. I remained in East Mr. Ficalora on behalf of the Breakers jurisdiction, as well as state and county Hampton to present at the hearings and Motel in a Nature Conservancy/Suffolk legislators and the town board gov't of signed the incorporation papers for the County deal. New York law maintains East Hampton. that such clauses in unrecorded contracts MFOP and mailed them in to Albany and Bob Ficalora will be in Montauk are enforceable, so the property remains then I departed for my home in Olympia, through the Labor Day Assembly for threatened. WA. private or group meetings at the When I arrived in Olympia fellow I hope that the reader finds the above Breakers Motel and can be reached in plaintiff Louise Nielsen told me that a interesting. This and other similar Montauk at 631-238-5445 or by cell at decision had been entered on the motion problems can be summarily dealt with at 360-485-2692. ending the case! She faxed it to me and I the Montauk town meeting using the forwarded it to the ZBA ending the Montauk Constitution of December 2000. dredge and dump application. The Please understand that we are now at decision was dated April 19, 2004 the the end of the game to recover and day I signed the incorporation papers for protect the Benson Reservations and the MFOP! Montauk's other extensive The MFOP/Montauk Trustee commonwealth. corporaton continues to attempt to If you own property in Montauk you protect the Reservations which, due the hold a full franchise right to vote and be a Benson Covenants, are the part of the final push to recovering commonwealth of Montauk Freeholders, Montauk's lands and franchises.

Montauk Gazette, August, 2009 3 are hereby directed and required to Freeholders and Inhabitants assembled. assemble together and hold town The Town Meeting has the sovereign meetings..." (p. 762) The term "freeholder" keeps coming right therein to make all town laws, up in legal documents pertaining to the The word "freeholder" appears in the control its own justice court, determine all sovereign right of property owners to law again, one hundred and two years land use, and elect our own police. You, govern their townships by town meeting. after the Dongan Patent was issued and the Freeholders of Montauk, are the For example, the 1686 "Dongan we are DIRECTED AND REQUIRED by democratic lords of the commonwealth! law to assemble together and hold town Patent" and colonial charter did No other body politic or assembly meetings. The liberties that they had "declare, determine and grant that anywhere has jurisdiction or police fought so long and so hard to protect the said… ffreeholders and inhabitants powers within the property bounds and of the town of Easthampton… and their were not to be lost or forgotten. appurtenances set forth in the 1686 heirs and successors forever henceforth Chapter 64 of the laws of 1788 has are and shall be one body corporate and charter. Such colonial charters are the politique in Deed and in name by the been posted with hyperlinks at foundation of American sovereignty. The name of the Trustees of the ffreeholders www.montauk.com. Initial review has reader can see why we suffer from and Commonalty of towne of found that while all of the existing State of fictitious, illegal and unconstitutional Easthampton". New York was covered many of the (Town records vol. I p. 199, Notice the spelling of governmental impositions and these towns set forth in it were aparently never fundamental rights of sovereignty have the Town of "Easthampton".) chartered and that those that were later Chapter 64 of the laws of 1788 claims been suppressed by a miscreant state had Town Boards imposed under the gpvernment. to "erect" new boundaries for the town of 1909 town law. By its language, Chapter This was fully understood by our "East-Hampton" (sic) to include in it "the 64 was established in perpetuity and the board of acting trustees when we labored Isle of Wight, now called Gardiner's rights of freeholders run with the land. Island", and to do some other things through the many drafts of the Montauk To understand what a "freeholder" is including establish new town offices Constitution that we adopted on requires an understanding feudalism. In (including "Supervisor"). The townships December 5th, 2000. Among the most early feudalism only a lord could own or would continue to govern by town illustrative of the rights therein is that: convey rights to land and hold jurisction meeting and set a schedule for that over it, All land exchages had to go I.v. No law or rule shall be enacted or purpose. enforced which is repugnant to the laws through him until a statute was issued in The, effect of the 1788 act was of the State of New York or of the United 1290 by Edward I (Quia Emptores) States of America or which punishes an "That none of the bounds or lines by allowed for the sale or exchange of lands individual or group of consenting adults this act assigned for the limits of any or in "fee simple" with the superior fee for any action which does not harm the either of the said towns, shall be retained by the lord (the "lord of the fee"). property or person of another, excepting deemed to take away, abridge, destroy and reserving laws and rules made in or affect, the right or title of any person Quia Emptors effectively eliminated lower the public interest for the regulation of or persons, bodies politic or corporate, level lords (subinfeudators) and replaced trade, public health and safety, and in any manner or by any means them with non-aristocratic owners of land. zoning. whatsoever, nor be deemed, taken or Powerful rights of jurisdiction, however, construed as a confirmation of the Mr. Bland, in his brilliant 1766 essay bounds or the rights of any patent or came from the ownship of land. entitled "An inquiry into the rights of the patents whatsoever" (p.762) Today a buyer receives his deed in English Colonies", protests Parliament's It should be noted that in 1783 Suffolk "fee simple", with the a superior fee being usurpation of the rights of freeholders County had emerged from seven years of in a government claiming eminent and that Acts of Parliament were an "Act military occupation and that in 1788 it domain and the power to make laws, tax, of Power, and not of Right". was re-forming its town governments police and determine land use. A Montauk's freeholders' rights must be under the Dongan Patents. CHAPTER freeholder of land in Easthampton or understood and re-established. If you 64 DID NOT INCORPORATE Montauk is not now, nor has ever been, are on your own property and not hurting ANYTHING, nor does it affect the rights subordinate to an English lord, yet the anyone or their property, or violating the granted through the Dongan Patent for state legislature has usurped and public interest in the above excepted the towns of Easthampton or Montauk. suppressed this liberty by imposing illegal areas of law, you will have no fear and Chapter 64 also holds that:: and unconstitutional town boards can do anything you want. "the freeholders and inhabitants of throughout New York with the effective As a freeholder with rights through the each and every of the said towns… who powers of feudal lords. 1686 Dongan Patent you are sovereign are or shall be qualified by law to vote at In the Dongan Patent, as in Chapter upon your property and within the town meetings, shall forever hereafter 64 of the laws of 1788, government is boundaries of the Township of Montauk. have full power and authority and they only to be by town meeting of the Montauk Gazette, August, 2009 4 We can recover The Issue, from p1 Yeah, that's me. I write and publish Montauk is legally a commonwealth our lands and the Montauk Gazette and Montauk and there has been significant injury liberties through Magazine at www.montauk.com. I am not that has occurred due the conquest of a Montauk freeholder. I have taken these Montauk freeholders' common lands orderly assembly issues to court over the past twenty (22) and its sovereign franchise right to tax years to attempt to protect Montauk's and to govern. in town meeting. commonwealth and the owners and Using this document and a inhabitants' sovereign liberties of September 6th Assembly we are jurisdiction. attempting to bring Montauk's As the reader probably realises, we But I am tired, I suffer from multiple Freeholders in. are talking about kicking the State of New sclerosis and this is my final effort. If ten We will present the following three York, Suffolk County and town of or more Montauk freeholders join in the resolves fo adoption: Easthampton out of Montauk and proposed action I will be there for you, • Resolve, to pay our property tax bills establishing a sovereign jurisdiction otherwise I will sadly return to my to the Township of Montauk for within the State of New York. We will retirement. It is up to you... deposit in care of an attorney's methodically take back all of our lands, When the high court of appeals took escrow account with notice the town waters and fishing rights from them. jurisdiction in the matter in re: Town of board government of East Hampton It has been presented to the court that Montauk, Inc. upon well presented of such payment, and because of the 1686 Dongan Patent the pleadings I felt that I had done my job, • Resolve, to immediately begin freeholders and inhabitants of Montauk that it was on their desks and off of mine. recovery of Montauk's vast assembled in town meeting enjoy the A series of unfortunate circumstances, commonwealth with the Benson powers to make their own laws, assess however, led to the Appellate Division Reservations. The nominal title to the their own taxes, and elect their own decision being let stand. properties should be in the Montauk police. The past twenty-two years have been Friends of Olmsted Parks / Montauk We assert that we are a sovereign difficult for me. It is difficult to live every Trustee Corporation for their town under the jurisdiction of the day with the realization that Montauk is a protection (see: Schroeder v. Gurney, Supreme Court of the State of New York. conquered place, that the government is 73 N. Y. 430) and We will be establishing our own justice illegal and corrupt, and that Montauk's • Resolve, to commence the process of town meeting set forth in the court that will be integrated vertically with commonwealth has been injured or December 2000 Montauk the New York Court system. To stolen by this hideous game. Constitution. understand how this will work please see One of the major problems with my Please call and come and visit with The Articulated Rights and legal approach was not to bring all of me. I will be at the Breakers Motel on Constitution of the Township of Montauk's property owners into the case the Old Highway through Labor Day Montauk at www.montauk.com. from the outset; but now the governor and available to meet with all The Freeholders' Show Cause will and attorney general's offices are fully individuals or groups by appointment. be an important start because if we rally knowlegeable of the signficance of Call me at 631-238-5445 (land line) or ten or more Montauk freeholders to the Montauk's rights and should be aware of 360-485-2692 (verison cell), or send cause it should end the media blackout the beauty of their recovery and use. me an email at [email protected]. and provide the opening for the owners of I don't think that we will fail if we ten or We are not a conquered people or Montauk lands to assemble in Town more Montauk Freeholders choose to the slaves of the state. After all of these meeting. Furthermore, it will probably pay their tax bill into an attorney's years fighting in court for YOUR lead to the class action lawsuit that escrow. We can use that stand to build a RIGHTS, for the first time I'm bringing a should have been brought years ago that movement that educates the community plan of action to you, Montauk's will provide the venue to reverse the and establishes the Montauk town property owning freeholders. Appellate Division decison of May 8th, meeting, a force that will not be denied. I am confident that together we can 2007 in re:Town of Montauk, Inc.. Please give me a call and stop by if assert our rights, take control of The most important thing is for you want to join this historic action. It will Montauk's Commonwealth and Montauk's freeholders to Assemble in be especially helpful if you have a establish good government by town Town meeting because of what can be personal or business attorney that can meeting. accomplished by it. join in conference.

Montauk Gazette, August, 2009 5 Montauk. In 1911 a fire destroyed the Montauk, however, is an incorporated library of the legislature in Albany and all township by rights of succession through The state legislature’s conquest of record of its historical understanding of the Dongan Patent, chartered rights that Montauk began about 1906 with an act the colonial charters and governments run with the land forever.Conquest & enabling the Montauk tribe of Indians to under them. The watchman’s body was Liberation bring a suit to recover their rights under found dead on the first floor and it is hard The full genesis of the conquest the deeded agreements with the freeholders to believe that the fire was an accident. rights of Montauk’s freeholders and of Montauk. The result was the closely In 1912 the town of Southampton was inhabitants and those of the towns of the watched matter of Pharaoh v. Benson, et. the first to establish a government under State of New York is too lengthy to cover al and Montauk’s juridical status the legislature’s 1909 Town Law. After here. It can, however, be summarized by appeared in the court papers. A series of the conclusion of Pharoah in 1910, the three words: Sovereignty, Tammany and events quickly unfolded. proprietors treated Montauk as a private Fisher. In 1907 Arthur W. Benson's heir, estate with the Indian and the Sovereignty is what was granted in Frank Sherman Benson, died suddenly of Olmsted/Benson reservations as the Dongan patents to the towns of an “apoplexy” (stroke). Noticeably absent common lands. Suffolk County and to New York City and in the N.Y. Times obituary was his 15 The 1918 Last Will and Testament of Albany. The protection of such colonial year tenure as a director of the Long Mary Benson, however, left no charters would later be the central cause Island Historical Society which was protections. The Executors of the 1918 of the American Revolution. The undergoing close examination by the estate of Mary Benson either renounced sovereignty of the freeholders and Tammany controlled state legislature at or resigned and it was moved to the inhabitants assembled in town meeting the time. Also absent was his ownership administration of the Brooklyn Trust was extended statewide after the (with his sister Mary) of almost all of Company. Brooklyn Trust sold the Mary Revolution with Chapter 64 of the Laws Montauk. Benson Montauk lands to a man of 1788. In 1909 the State legislature passed associated with Al Capone (Carl Fisher) It is understood in New York that your the Town Law of the State of New York who chased the defending proprietors out house is your castle. In a legal sense this with the design of imposing it on the of Montauk and began the subdivision is true because of your rights as a towns of Suffolk County which to that and sale of the common lands. freeholder. Under our system of English point had mostly been governing It was a classic Capone-style Law all jurisdiction comes from the themselves under the Dongan Patents. operation but with little or none of his ownership or control over land. National In 1910 Pharaoh was summarily class. Carl Fisher brought the new and State borders, City limits, county dismissed by declaring that the Montauk second government of East Hampton into and town lines, and the propery lines on Tribe of Indians no longer existed to Montauk, organized under the still your home parcel are all lines drawn on make a claim under the 1661, 1672, 1686 unfinished 1909 Town Law. maps. &1702/3 deeded agreements. Earlier, in He created a hotel called “The Manor” After King Edward I enacted the 1879, the court had held that the at the rail-head in Montauk and held big statute of Quia Emptores in 1290, land Montauk tribe existed but could claim no parties for the state legislators. He conveyed in fee simple represented ownership of the lands only rights over carried a large mortgage from the Estate absolute ownership of real property them; that the fee ownership of the Indian of Mary Benson and went bankrupt in limited by the Lord in Chief’s four basic lands remained with the owners of 1930 after the stock market crash. He government powers of taxation, eminent Montauk lands outside of the reservation would die a penniless alcoholic in 1939. domain, police power, and escheat and areas and their heirs, successors and could also be limited by certain assigns. When the Estate of Mary Benson was finally liquidated in 1957 all of the trust encumbrances or a condition in the deed. Historical circumstance prevented lands were sold to a development Montauk’s proprietors from defending company. The Town of East Hampton In Montauk’s case, as with all of the these lands when faced with a State almost immediately passed a zoning towns of the state of New York, the only supported, and Al Capone-influenced, ordinance covering Montauk. lawful governments with the above four mobster named Carl Fisher. The powers are the freeholders and proprietors’ rights to these lands have Please understand the above history. inhabitants assembled in town meeting. never been extinguished, however, and Montauk is the conquering state with the state’s liability for enabling the legislature’s Achilles heal. The 1909 Town Law must be illegal taking of these lands, we believe The Town Board of the Town of East repealed and the town meetings the matter can be settled without injury to Hampton has no incorporation papers, it established according to the intent innocent parties, including the Town of has never been legally established. Chapter 64 of the laws of 1788. Montauk Gazette, August, 2009 6 Tammany was the corrupt It doesn’t matter organization that controlled the state PAY YOUR TAXES legislature for decades after the turn of where you are from or TO THE TOWN OF the last century. It passed the “General vote, if you own real Municipal Law” and the “Town Law” in MONTAUK. 1909 while the closely watched Montauk property in Montauk It is now up to Montauk's property case of Pharoah v. Benson was in you own a share in a owners to assert their rights, recover your progress. That matter was summarily franchise with rights extensive lands, and establish lawful dismissed without determining the government by town meeting. Indian/Proprietor rights in 1910 and the to vast commonwealth library of the legislature burned to the and sovereign liberties ground in 1911 while the matter was on It is uncontested that the town board appeal. The issue was knowledge that of jurisdiction. of the Town of Easthampton governs the state legislature does not have It is a hidden gift that is now available Montauk: jurisdiction over the freeholders and to be recovered. I pray for at least ten • In violation of the 1686 colonial charter inhabitants of the towns of the State of property owners to meet with me before the September 6th Assembly. I’ve done of the town of Easthampton (covering New York assembled in town meeting. Easthampton and Montauk); New governments operating under the my best for you, now it is up to you. — Bob Ficalora • In violation of Chapter 2 of the laws of above two 1909 laws began to be 1691 (First Assembly) according to secretly established in violation of the which the liberties of governance charters and Chapter 64 of the laws of This notice is being sent to all granted in the 1686 charter for the 1788. The Town of Easthampton has two Montauk freeholder property owners on township (Dongan Patent) are governments today (1686 Trustees & a our 2005 list, New York's Governor, enforceable against the State of New town board) and the 1788 towns of New Attorney General, judges of the Court of York (as successor to the King); York are now governed by Town Boards Appeals, Assemblymen, Senators, • In violation of the Constitution of the under the 1909 Town Law. No town is Suffolk County legislators, and the State of New York; any longer governing by town meeting as defendants in the now concluded matter • In violation of the Constitution of the required by the Dongan Patents and the of Town of Montauk, Inc. v. Hon. George United States of America; 1788 law. The sovereignty of the people E. Pataki, Esq., Governor of the State of • In violation of the September 6th, 1851 assembled in town meeting, therefore, New York, and the People of the State of order of Hon. Nathan B. Morse, Justice has been conquered by the Empire State. New York met in Assembly, and the of the Supreme Court of the State of Carl Fisher was the Florida mobster Town Board Government of the town of New York, by which the Town of that took Al Capone to court over a turf East Hampton, and the Trustees of the Easthampton was ordered to release all corporate claim to Montauk (see: liber war in Florida and was later sold Freeholders and Commonalty of the town Montauk’s extensive common lands out 63 of deeds, p. 171, March 9th, 1852); of Easthampton, and the County of • In violation of Chapter 139 of the laws of the trust of the 1918 estate of Mary Suffolk, and the Brooklyn Historical of 1852 of the State of New York that Benson. In 1924 he brought the new Society, and the Suffolk County Water incorporated Montauk, established the “town board government” of East Authority, and 511 Equities, Inc., and the Montauk Trustee Corporation and Hampton into Montauk and threw big Nature Conservancy, Inc.(Mo. No. affirmed its power to govern Montauk parties for the state legislators at his new 2009-51;Suffolk 27553/04; AD2nd (April 2nd, 1852); Montauk Manor. He also brought in 2005-10912). • In violation of the common law criminals, bums and alcohol, burned While the Montauk Trustee requirement of a charter, either by the down the common kitchen at the Corporation was unsuccessful in getting King of England or by the State of New Montauk Association, turned Lake a trial, and an unsupportable judgement York, to govern. Montauk to salt water, subdivided was entered on appeal, we are left with proprietor common lands at North Neck, an illegal and unconstitutional We can and should stand up to this! Indian Field and Hither Woods, and built government. We must have faith in our state judiciary a Tower in a central open field while The Montauk Gazette of June 2008 while firmly demanding the rule of law. chasing the defending proprietors out. listed our options should the court fail us, Pay your property taxes into The stage in now set for Montauk to and now we take the matter to Montauk's attorney's escrow and let them assemble and take back what is rightfully taxpayers: yours. sue us to get it!

Montauk Gazette, August, 2009 7 Discussion - The 1686 colonial patent and charter Declaration of Right incorporating the Town of Easthampton, including Montauk, Served with Petition on June 18th, 2003 upon established the Trustees of the Freeholders and Commonalty Hon. George E. Pataki, Governor & of said town to govern it. The lands covered by the Town Hon. Eliot Spitzer, Esq., Attorney General of the Patent were divided by the September 6th, 1851, order of Hon. State of New York Nathan B. Morse, Justice of the Supreme Court of the State of New York. Pursuant to the order of the court a deed of We the undersigned proprietors and residents of conveyance was entered by the Easthampton Trustees under Montauk, first established as a body politic and corporate as a their corporate seal on March 9th, 1852, stating that: part of the town of Easthampton by the town patent entered … the parties of the first part [Easthampton Trustee under the royal authority of King James II on December 9th, Corporation] do hereby grant, surrender, quit-claim and release 1686, and then, subsequent to the court-ordered release of all to the parties of the second part [Montauk proprietors] their corporate right to Montauk by said town, incorporated by an heirs and assigns all and singular the lands in the County of Act of the Legislature of the State of New York on April 2nd, Suffolk called Montauk including the Ponds, Fort Pond, Great 1852, are now somehow returned to the town of East Hampton Pond, Oyster Pond, and other ponds within the limits of the under a reorganized and unincorporated government operating aforesaid judgment of said Court together with all right, title, under the pretense of a modern state law and have been property, possession or claim therein or thereunto. (Suffolk denied our incorporated franchise to govern as established by County Liber 63 of deeds. p. 171ff.). the aforesaid instruments. In light of the foregoing usurpation What was released by this document was all claim to we do grieve and find it necessary to declare that: Montauk whatsoever by the Town of Easthampton. We do retain and possess, together with all other Recognizing that a void of legally recognized governmental proprietors and residents of Montauk, all of the rights, liberties, powers had been created, the Legislature incorporated the privileges and powers of an independent Township as set forth proprietors of Montauk on April 2nd 1852 establishing the in the colonial patent and charter of December 9th, 1686. Montauk Trustee Corporation and affirming its power to govern The township of Montauk has the right to extraordinary Montauk. Our claim today through the above deed and the liberties in the making and administering of local law, protected 1686 patent are the powers of a Township. within the Constitutions of the State of New York and of the The “town board” form of government was devised by the United States of America from their inception from state and Legislature beginning in 1909 (the Town Law) at a time that federal interference, which we claim to the fullest extent of their Montauk proprietors’ rights were under intense scrutiny. A law meaning and historic enjoyment by our forefathers. suit, Pharoah v. Benson, et. al., had been brought pursuant to The township of Montauk is endowed with the right to the a legislative enabling act to determine the rights, if any, held in possession and administration of, or jurisdiction over, Montauk by the Montauk tribe of Indians. It is clear that the substantial properties in Montauk including all beaches, bottom Legislature reacted to the discovery that, according to the lands, shell fishing, groundwater resources, lands that escheat N.Y.S. Constitution and the 1686 charter, they were without for lack of heirs, the Benson Reservations, lands set forth in jurisdiction to make local law in Montauk (or Easthampton) or trust by agreements with the Montauk tribe of Indians, and to determine how it is governed. The “town board government” significant other resources and franchises. was set up quietly around 1924 and began to operate under The township of Montauk has the absolute right to levy, the guise of the 1909 law. Because any attempt to incorporate collect and disburse all taxes upon real property or its sale in the town board would have violated both the state and federal Montauk. constitutions, it has never been legally established. Wherefore, insomuch as we have and do suffer from the The above has been presented to the courts together with a illegitimate and often repugnant administering of law, the document entitled The Articulated Rights and Constitution subdivision, sale and other injury of and to our common lands, of the Township of Montauk that was adopted after the overburdening of our precious fresh water resource, and significant review by our acting Board of Trustees in December the usurpation of our franchise to tax and to govern, we do of 2000. The Articulated Rights establishes that Montauk is claim and assert our fundamental right to petition the an incorporated township within the State of New York under government for a redress of our grievances through formal the jurisdiction of the courts and further sets forth a delivery of this document to Mr. George E. Pataki, Governor of constitutional model of effective good government for the the State of New York. enjoyment and benefit of ourselves and of our posterity. 97 signatures collected

Montauk Gazette, August, 2009 8 The Legal Foundation of Montauk Township

grant them a new charter for their town support Catholicism both in government (the "Dongan Patent"). and the New York military. Rioting and Easthampton had been a member of disorder swept New York City with the Connecticut legislature when that Governor Nicholson once threatening to government received it's powerful 1662 burn the town if the rioting did not end. The history of Long Island charter, and key language within the After some turmoil in the ranks, a group in the 1680s leading up to the Dongan patent that the these lands "Be of rebellious militia seized Fort James. historic First Assembly in holden of his said Majesty, his heirs and On June 2nd, 1689, a prominent successors in free and comon soccage citizen and captain of the militia, Jacob 1691 is truly amazing. according to the Mannor of East Leisler, entered Fort James with In 1682 a petition initiated by the Greenwich in the County of Kent" is fort-nine men and took control. Despite town meeting in Easthampton pleaded contained in both. initial opposition to Leisler's rule, after for democratic government. A new The powerful Puritan Minister the February 9th, 1690, attack upon governor, Thomas Dongan, was named Thomas James, Captain Thomas Schenectady by the French that burned by the Duke of York and issued Talmadge, Lieut. John Wheeler and it to the ground, New York unified under instructions to come to New York and to Ensigne Samuell Mulford were before him. convene an assembly. The first Governor Dongan to receive the patent. Jacob Leisler would remain legislature of New York under the Duke The rank of "ensigne" was a Lieutenant Governor of New York from of York convened on commissioned June 1689 until March of 1691. During October 17th and the "You are to declare our will rank for the legal that time he would call and preside over original Constitution of and pleasure that ye said standard-bearer two provincial assemblies outside of New York was enacted Bill or Charter of necessary for royal authority and command the only on October 30th, 1683. Franchises [1683 treaties. intercolonial army until the American Sessions of the Constitution] bee forthwith The Dongan Revolution. He also acquired the land legislature of the Duke's repealed and disallowed, Patent granted the for today’s New Rochelle for the province of New York as ye same is hereby sovereign right to settlement of French Huguenots fleeing convened until June Repealed, determined and make laws in town religious persecution. 10th, 1686 after the meeting together On March 10, 1690 Duke had been crowned made void." - King James II with sweeping correspondence from Easthampton King James II. He judicial, police and signed by “Samuell Mulforde, Samuell instructions to Governor issued new instructions taxing powers. A Person, and Thomas Chatfield (“In the Thomas Dongan of New to Governor Dongan (at Southampton name of the rest”)" was addressed to right), and it is clear York, June 10th, 1686 attorney who Jacob Leisler. In a very powerful from the record that reviewed the grievance and petition they informed these instructions led to charters wrote that what was granted Leisler that: a general uprising of Long Island’s were “the powers of a state within a “we have agreed to send over to formidable militia. state". his Majesty both a true Narraton of Governor Dongan had presided over In 1688 the “Glorious Revolution” the Greivances we have sufferred the colonial legislature since 1683 and swept King James II from the throne and this many yeares under an knew these men well. He had declared arbeitrary power, and a Petition to on January 22nd, 1689, Parliament their Majesties that we might be his instructions: the 1683 constitution enacted the English Bill of Rights rejoyned with Connecticut was repealed, stopping further placing William, the Dutch prince of Goverment as formerly; agreeably convening of the provincial legislature. Orange, and his wife Mary Stuart on the to that Act of Parliament, that all On December 9th, 1686, the rebellious throne as King and Queen of England. places (N: E.) being perticularly republican men of Easthampton would Mentioned Shall have the Same King William was slow to attend to privileges they enjoyed in the appear before him showing military rank New York affairs, however, and yeare 1660 restored unto them ..." and Gov. Dongan's settlement was to Governor Nicholson continued to

Montauk Gazette, August, 2009 9 Shortly thereafter, on April 24th, surrendered and were thrown into prison Two surrendered significant royal power 1690, the first of two assemblies was and charged with rebellion and murder. to the people by holding that convened under Jacob Leisler. It It was under these conditions - with “all the Charters, Pattents, proceeded to make one law for the Jacob Leisler and his men in jail and Grants made, given and granted purpose of raising a revenue (tax) to aid with their loyal New York militia agitated and well and truley executed in the defense against the French. outside the gates - that on April 3rd, under the seal of this Province, Constituted and Authorized by The second Leisler Assembly 1691, the "First Assembly" of the royal their late and present Majtys the convened on September 15th, 1690 and province of New York was convened. Kings of England and Registred in passed two laws, one to further establish One month later, on May 6th, 1691, the Secrtaryes office, unto the the revenue, and the other to strengthen the first laws were passed by the new severall and respective the New York military under Leisler's Corporations of bodys politick of Assembly. Chapter One of the laws of the Cittys, Towns and Mannors, command and to impose a fine for 1691 the province of New York was and alsoe to the severall and refusing military service in the war entitled respective ffreeholders within this Province, are and shall for ever be against the French. “An Act for the quieting and The men of Easthampton and New deemed, esteemed and reputed setling the Disorders that have good and effectual Charters, York were solidly republican, and it lately happened within this Patents and grants Authentick in would become very clear they did not province and for the Establishing the Law against their Majesties and Securing their Majestyes heirs and Successors for ever..." want to surrender the colony to William present Government against the and Mary without negotiations. There like Disorders for the Future". It is well settled in the law that the was precedent for such surrender This Act formally surrendered the State of New York is successor to the established by the Virginia colony's King and that, therefore, the Dongan surrender to Parliament in the 1650s. colony to William and Mary, recognized them as the King and Queen of England, patents of the towns of Suffolk County That was not allowable precedent are enforceable against the State of however, and the Commonwealth of established provincial (now State) assembly, and submitted to royal New York. This law also remains England was to prove more friendly to protected at by Article I sect. 14 of the the colonies than King William. authority. The final part of the Act goes on to state that: Constitution of the State of New York. A new governor for New York, Henry Ten days after the above surrender “whatsoever person or persons Sloughter, Esq., was named by King and settlement was made, on May 16, William and departed from London in shall by any manner of way or upon any pretence whatsoever 1691, Jacob Leisler and his son-in-law December of 1690. In late January of Endavour by force of arms or Jacob Milbourne were taken out of jail 1691, however, the first to arrive were otherwise disturbe the peace, and hanged, cut down “half-dead” and royal troops under the command of good and quiet of this their their heads cut off. Major Richard Ingoldsby. Majestyes Government as is now Established shall be Deemed and Almost four years later, on May 3, When Major Ingoldsby demanded Esteemed as Rebells and Traitors 1695, King William signed an act issuing that Leisler surrender the province to unto their Majestyes and incurr the a general pardon clearing Leisler’s name him, he refused, saying that the major pains, penalties and forfeitures as and restoring his estate. did not have the authority to govern. the Laws of England hath for such Chapter 2 of the laws of 1691 Major Ingoldsby then attacked Fort Offences made and provided." established the enforceability of the James and was defeated losing two men Having surrendered the New York to Dongan patents of the towns of Suffolk in the battle. the Governor of William and Mary with County against the government of New A standoff ensued between the strong language to quiet the militia York forever. Such powerful legal regimented and strong New York forces outside, Chapter Two was among the protection of sovereign right to govern is under Lieutenant. Governor Jacob main laws received by the colonists in rarely attained. Leisler and Ingoldsby’s royal troops until return. It was entitled It is our duty to recover and protect Governor Sloughter arrived on March “An Act for the Setling, Quieting these sovereign liberties for ourselves 19th, 1691. and Confirming unto the Cities, and for those who come after us. Upon the Governor's appearance Towns, Mannors and freeholders Leisler sent out a team to negotiate within this Province their several Grants, Patents and Rights terms of surrender. No discussion was Respectively." allowed, however, and his negotiators were arrested. Leisler and his men then While Chapter One surrendered the colony to William and Mary, Chapter

Montauk Gazette, August, 2009 10 the Montauk trustee corporation and document. And so we, too, have affirming its power to govern. resolved never to become slaves" The Dongan Patent covers the Towns The court received this and probably Montauk’s lands were jurisdictionally of Easthampton and Montauk and the read it. Hopefully the Montauk incorporated in 1686 and 1852. The Trustee corporations claiming rights freeholders in receipt of this mailing also MFOP/Montauk Trustee Corporation through it are the only corporations with have read it and are willing to take the assumed and consolidated the corporate the constitutional authority to govern. action proposed of paying your property rights for Montauk as the Incorporated The franchise right of the property taxes to the Town of Montauk for deposit Township of Montauk with The owners and residents of Montauk, in the care of an attorney's escrow. Articulated Rights and Constitution of therefore, is to assemble in town meeting They don't own you! the Township of Montauk in December and to elect trustees and with the You are not the slaves of the state! of 2000. sovereign power to govern. The State of New York, Suffolk The first incorporation was with a Today, however, Montauk is being County and the town board entity in East colonial charter granted by Governor governed by an unconstitutional and Hampton have no right into or over Thomas Dongan of the newly Royal legally fictitious town board entity Montauk. They have grabbed or Province of New York in December of operating according to a 1909 legislative permitted the development large parts of 1686 known as the Dongan Patent. enactment, the Town Law of the State of Montauk's commonwealth (undivided On June 10th, 1686 King James II New York. property of the Montauk freeholders, vacated and annulled the Constitution of The result of this century old and Town of Montauk property). 1683 eliminating the colonial legislature In the book entitled MONTAUK for the making of laws and imposing published in 1925 Board of Trustees of autocratic corporate rule. The record Legal papers at the Freeholders and Commonalty of the shows that Easthampton placed itself in a www.montauk.com town of East Hampton, in the position of military readiness and most of introduction, it says: the men receiving the patent from ongoing fraud has been the usurpation About the year 1910 the then owners Governor Dongan showed military rank. and suppression of the freeholding of Montauk lands forbid East Hampton What Easthampton received, and was property owners' franchise right to tax men, descendants of Proprietors of forced to pay a good sum of money for, Montauk, and freeholders of the town of and to govern. East Hampton going on their private were the same jurisdictional authorities The recent papers submitted to the lands to hunt and fish. The decision of received in its mother colony of high court of Appeals attached a the Supreme Court, made sixty years Connecticut's historic 1662 charter, document entitled General Association. before taking away all rights of the town considered the most powerful ever in Montauk lands, appears to’have been’ It was adapted from a 1775 document forgotten. There was dissension granted to a colony. signed by "all men capable of bearing between private owners of Montauk and All of the towns of Suffolk County arms" in the town of East-Hampton. It townsmen. This continued for a period received similar Charters until the 1689 was initiated and circulated by the of about fourteen years. patent for the town of Huntington. For this Freemen, Freeholders, and inhabitants of The the defending "owners of reason, the Dongan Patents have been the city and county of New-York. (see: Montauk lands" were then forced out and referred to as granting "the rights of http://longislandgenealogy.com/append3. the Tammany supported government states within a state". html#general) established. The rights of the property The 1852 second incorporation of The motion brief stated that: owners of Montauk through the 1686 Montauk was by the state legislature after Dongan Patent and chapter 139 of the "...understanding the seriousness of the lands covered by the 1686 Dongan the suppression of the sovereign Laws of 1852 remain on the books. The Patent for the Town of Easthampton were liberties presented, your appellant is 14 year stand that was taken by our divided by court order in the matter of considering a number of options to predecessors can - and should - be taken Henry P. Hedges, et. al. v. the Trustees lawfully attain the rights presented again. before you, including the distribution of of the Freeholders and Commonalty of the attached revised 1775 General the Town of Easthampton. It released all Association that was a unifying Come to the September 6th claim to Montauk pursuant to the court's preamble to the American Revolution in Assembly, or meet with Bob Ficalora order under its corporate seal by deed the State of New York. It is amazing that beforehand to chat, ask questions, and dated March 9th, 1852. Montauk was the complaints presented to this court today are very much the same as those hopefully sign up to pay your taxes to the then incorporated by an act of the presented in the original 1775 Town of Montauk. legislature on April 2nd 1852 establishing

Montauk Gazette, August, 2009 11 The Montauk Gazette - the official publication of the Incorporated Township of Montauk

Montauk Friends of Olmsted Parks Your Sovereign / Montauk Trustee Corporation P.O. Box 2612 liberties and 631-238-5445 commonwealth in Montauk, NY 11954 Montauk are Address Service Requested priceless…

These editions of the Montauk Gazette and The Democratic Republican™ are being mailed to over 4,000 people: New York state judges and officials, the defendants in the matter of the Town of Montauk, Inc. v. Hon. Gov. Pataki, et al, Montauk property owners, Washington State friends, and assorted others. Please understand that everything that I have done has been done with humility out of my duty to you and to our country. The Montauk Constitution and the RDP Charter are intended to be foundational documents to establish ongoing organizations. It is hoped that the scheduled Assembly will be a successful kickoff for Montauk. The RDP can be started by volunteers simply coming forward to act as County chairs and commencing the process using the RDP Charter.

The court refused to make the East Hampton Town Board show that it is a legal entity or has the right to collect Montauk's taxes or to control its land use, justice court or police. Fundamental legal and constitutional liberties have been suppressed by an imperial state legislature. Montauk's property owners can do what the courts did not by forcing the Town Board of the Town of East Hampton to show why Montauk's property owners should not pay their taxes to the Township of Montauk.

If you hold your land in Montauk in fee simple, you are freeholder. You have sovereign rights and liberties of jurisdiction and commonwealth through a 1686 colonial charter. By law and by right, you are required to assemble in town meeting to assess taxes, assert eminent domain, exert police powers, and to claim escheat Send a copy of your tax bill with a check made out to Incorporated Township of Montauk to an attorney's escrow account (to be established). Please contact Bob Ficalora at [email protected] or attend the September 6th Assembly for more information.