tag:blogger.com,1999:blog-759178030677978044.post3296628960183546491..comments2024-02-19T07:24:42.397-08:00Comments on Anglican Curmudgeon: Arguing the Texas Cases (II)A. S. Haleyhttp://www.blogger.com/profile/05108498446058643166noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-759178030677978044.post-70154722550081771132012-10-23T06:14:29.947-07:002012-10-23T06:14:29.947-07:00Even with the reasonable encouragement by our host...Even with the reasonable encouragement by our host and leader, my disposition remains somewhat pessimistic.<br /> HOWEVER, perhaps there is a little room for optimism. Texas as a free standing Republic has some peculiar, common-man, Confederate tendencies. It is a good place for millionaires and billionaires, and it is also an excellent place for Joe the Plumber contractors and two-truck transport companies, and Palidins, and eccentrics.<br /> For instance, our beaches are totally public access. It is only when the central government comes in with some wetlands clause to save the inkspotted wheiclighter that Texans and their visitors lose that access. And we fight the central government over that point, and frequently win.<br /> More to the issue, Texas has all kinds of issues about the rights that accrue to the occupant of an innocently purchased or occupied piece of property. Part of this is due to our Spanish and Mexican traditions stemming from the colonial grants made by the Spanish Crown during the first fifth of the 19th century and the several Mexican colonial grants made to foreign settlers between 1823 - 1830. Texas courts upheld all those grants and assigns. Also, all the Mexican citizens who were swept up by the American military offensive in 1846 through South Texas had their tenancy and tenure validated by Texas courts after the Mexican War. My wife's family still draws royalties from those properties, and still have significant remnants of the surface ownership of those properties in the McAllen area, for instance.<br /> Also, the Supreme Court Justices are elected, but they are highly filtered and vetted. They all carry political baggage as Republicans, but they are sharp, studied, and plough deeply into the law. Yankee counterparts are always surprised when they "misunderestimate" the panel.<br /> So, while still remembering the fresh treason of the Chief Justice of Mr. Lincoln's Supreme Court, there might be some hope that the "squatter" (parish) might be able to hold fast against the bully (Diocese and ECUSA). Seven years means an awful lot in the old Mexican/Spanish law and Texas law.<br /><br />With crossed fingers, votive candles freshened, and appreciation for this outlet, I remain,<br />Your servant,<br />El Gringo ViejoDavid Christian Newtonhttps://www.blogger.com/profile/02486433908063462273noreply@blogger.comtag:blogger.com,1999:blog-759178030677978044.post-649192676103203712012-10-22T12:38:44.210-07:002012-10-22T12:38:44.210-07:00Underground Pewster,
Ouch, indeed! Nevertheless,...Underground Pewster, <br /><br />Ouch, indeed! Nevertheless, that is as it should be in any jurisdiction in any location upon this planet that purports to uphold both the Rule of Law and property rights.<br /><br />To do otherwise is openly to foster <i>brigandage</i>.<br /><br /><i>Pax et bonum</i>,<br />Keith TöpferMartial Artisthttps://www.blogger.com/profile/11679584221923893460noreply@blogger.comtag:blogger.com,1999:blog-759178030677978044.post-3110790000140117412012-10-22T11:33:43.038-07:002012-10-22T11:33:43.038-07:00It's been clear for some time that ECUSA has e...It's been clear for some time that ECUSA has engaged in a continuing practice of cutting (on)its nose apparently to spite an (increasingly disfigured) face. A facile, overly-simplistic quote that's sometimes appeared in litigation involving ECUSA, viz; "Individuals may leave the church but parishes cannot" has been especially intellectually annoying in its implication of automatic, dire legal consequences. However, this "talisman" of dire legal consequences may thankfully, and increasingly, begin to fade from use as a result of legal analysis that follows the statement of Justice Johnson that "a church can say who its members are but it cannot say what's a trust." Such analysis can actually serve to benefit parties from automatically aiding in the self-disfigurement of denominations.williamphttps://www.blogger.com/profile/15462159892385010372noreply@blogger.comtag:blogger.com,1999:blog-759178030677978044.post-19694035582414886262012-10-21T18:41:19.848-07:002012-10-21T18:41:19.848-07:00"If a church wants a trust, they have to come..."If a church wants a trust, they have to come to us." Ouch!Undergroundpewsterhttps://www.blogger.com/profile/10182191422663119484noreply@blogger.com