THE
UNITED STATES IS STILL A BRITISH COLONY
EXTORTING
TAXES FOR THE CROWN!
A
DOCUMENTARY REVIEW OF CHARTERS AND TREATIES
August
17, 1996
An
Expose'
An
introduction by the "Informer"
This
is the latest from a man who visits me quite often. He and another
man researched my theory that we have never been free from the
British Crown. This disc shows the results. I have states that we
will never win in their courts. This shows conclusively why. We have
the hard copy of the treaties that are the footnotes. This predates
Schroder's material, my research of the 1861 stats by Lincoln that
put us under the War Powers confiscation acts, and John Nelson's
material. All our material supports that the real Principal, the King
of England, still rules this country through the bankers and why we
own no property in allodium. This is why it is so important to start
OUR courts of God's natural (common) Law and break away from all the
crap they have handed us. This is one reason Virginia had a law to
hang all lawyers but was somehow, by someone, (the King) set aside to
let them operate again. Some good people put in the original 13th
amendment so that without the lawyers the King could not continue his
strangle hold on us. James shows how that was quashed by the King. I
am happy that James' research of six months bears out my theory, that
most people would not listen to me, that we are still
citizen/subjects under the kings of England. My article called
"Reality" published in the American Bulletin and the
article of mine on the "Atocha case," wherein Florida in
1981 used it's sovereignty under the British crown to try to take
away the gold from the wreck found in Florida waters supports this
premise. James makes mention of the Law dictionaries being England's
Law Dict. you will not is lists the reign of all the Kings of
England. It never mentions the reign of the Presidents of this
country. Ever wonder Why?
The
United States is still a British Colony
The
trouble with history is, we weren't there when it took place and it
can be changed to fit someones belief and/or traditions, or it can be
taught in the public schools to favor a political agenda, and
withhold many facts. I know you have been taught that we won the
Revolutionary War and defeated the British, but I can prove to the
contrary. I want you to read this paper with an open mind, and allow
yourself to be instructed with the following verifiable facts. You be
the judge and don't let prior conclusions on your part or incorrect
teaching, keep you from the truth.
I
too was always taught in school and in studying our history books
that our freedom came from the Declaration of Independence and was
secured by our winning the Revolutionary War. I'm going to discuss a
few documents that are included at the end of this paper, in the
footnotes. The first document is the first Charter of Virginia in
1606 (footnote #1). In the first paragraph, the king of England
granted our fore fathers license to settle and colonize America. The
definition for license is as follows.
"In
Government Regulation. Authority to do some act or carry on some
trade or business, in its nature lawful but prohibited by statute,
except with the permission of the civil authority or which would
otherwise be unlawful." Bouvier's Law Dictionary, 1914.
Keep
in mind those that came to America from England were British
subjects. So you can better understand what I'm going to tell you,
here are the definitions for subject and citizen.
"In
monarchical governments, by subject is meant one who owes permanent
allegiance to the monarch." Bouvier's Law Dictionary, 1914.
"Constitutional
Law. One that owes allegiance to a sovereign and is governed by his
laws. The natives of Great Britain are subjects of the British
government. Men in free governments are subjects as well as citizens;
as citizens they enjoy rights and franchises; as subjects they are
bound to obey the laws. The term is little used, in this sense, in
countries enjoying a republican form of government." Swiss Nat.
Ins. Co. v. Miller, 267 U.S. 42, 45 S. Ct. 213, 214, 69 L.Ed. 504.
Blacks fifth Ed.
I
chose to give the definition for subject first, so you could better
understand what definition of citizen is really being used in
American law. Below is the definition of citizen from Roman law.
"The
term citizen was used in Rome to indicate the possession of private
civil rights, including those accruing under the Roman family and
inheritance law and the Roman contract and property law. All other
subjects were peregrines. But in the beginning of the 3d century the
distinction was abolished and all subjects were citizens; 1 sel.
Essays in Anglo-Amer. L. H. 578." Bouvier's Law Dictionary,
1914.
The
king was making a commercial venture when he sent his subjects to
America, and used his money and resources to do so. I think you would
admit the king had a lawful right to receive gain and prosper from
his venture. In the Virginia Charter he declares his sovereignty over
the land and his subjects and in paragraph 9 he declares the amount
of gold, silver and copper he is to receive if any is found by his
subjects. There could have just as easily been none, or his subjects
could have been killed by the Indians. This is why this was a valid
right of the king (Jure Coronae, "In right of the crown,"
Black's forth Ed.), the king expended his resources with the risk of
total loss.
If
you'll notice in paragraph 9 the king declares that all his heirs and
successors were to also receive the same amount of gold, silver and
copper that he claimed with this Charter. The gold that remained in
the colonies was also the kings. He provided the remainder as a
benefit for his subjects, which amounted to further use of his
capital. You will see in this paper that not only is this valid, but
it is still in effect today. If you will read the rest of the
Virginia Charter you will see that the king declared the right and
exercised the power to regulate every aspect of commerce in his new
colony. A license had to be granted for travel connected with
transfer of goods (commerce) right down to the furniture they sat on.
A great deal of the king's declared property was ceded to America in
the Treaty of 1783. I want you to stay focused on the money and the
commerce which was not ceded to America.
This
brings us to the Declaration of Independence. Our freedom was
declared because the king did not fulfill his end of the covenant
between king and subject. The main complaint was taxation without
representation, which was reaffirmed in the early 1606 Charter
granted by the king. It was not a revolt over being subject to the
king of England, most wanted the protection and benefits provided by
the king. Because of the kings refusal to hear their demands and
grant relief, separation from England became the lesser of two evils.
The cry of freedom and self determination became the rallying cry for
the colonist. The slogan "Don't Tread On Me" was the
standard borne by the militias.
The
Revolutionary War was fought and concluded when Cornwallis
surrendered to Washington at Yorktown. As Americans we have been
taught that we defeated the king and won our freedom. The next
document I will use is the Treaty of 1783, which will totally
contradict our having won the Revolutionary War. (footnote 2).
I
want you to notice in the first paragraph that the king refers to
himself as prince of the Holy Roman Empire and of the United States.
You know from this that the United States did not negotiate this
Treaty of peace in a position of strength and victory, but it is
obvious that Benjamin Franklin, John Jay and John Adams negotiated a
Treaty of further granted privileges from the king of England. Keep
this in mind as you study these documents. You also need to
understand the players of those that negotiated this Treaty. For the
Americans it was Benjamin Franklin Esgr., a great patriot and
standard bearer of freedom. Or was he? His title includes Esquire.
An
Esquire in the above usage was a granted rank and Title of nobility
by the king, which is below Knight and above a yeoman, common man. An
Esquire is someone that does not do manual labor as signified by this
status, see the below definitions.
"Esquires
by virtue of their offices; as justices of the peace, and others who
bear any office of trust under the crown....for whosever studieth the
laws of the realm, who studieth in the universities, who professeth
the liberal sciences, and who can live idly, and without manual
labor, and will bear the port, charge, and countenance of a
gentleman, he shall be called master, and shall be taken for a
gentleman." Blackstone Commentaries p. 561-562
"Esquire
- In English Law. A title of dignity next above gentleman, and below
knight. Also a title of office given to sheriffs, serjeants, and
barristers at law, justices of the peace, and others." Blacks
Law Dictionary fourth ed. p. 641
Benjamin
Franklin, John Adams and John Jay as you can read in the Treaty were
all Esquires and were the signers of this Treaty and the only
negotiators of the Treaty. The representative of the king was David
Hartley Esqr..
Benjamin
Franklin was the main negotiator for the terms of the Treaty, he
spent most of the War traveling between England and France. The use
of Esquire declared his and the others British subjection and loyalty
to the crown.
In
the first article of the Treaty most of the kings claims to America
are relinquished, except for his claim to continue receiving gold,
silver and copper as gain for his business venture. Article 3 gives
Americans the right to fish the waters around the United States and
its rivers. In article 4 the United States agreed to pay all bona
fide debts. If you will read my other papers on money you will
understand that the financiers were working with the king. Why else
would he protect their interest with this Treaty?
I
wonder if you have seen the main and obvious point? This Treaty was
signed in 1783, the war was over in 1781. If the United States
defeated England, how is the king granting rights to America, when we
were now his equal in status? We supposedly defeated him in the
Revolutionary War! So why would these supposed patriot Americans sign
such a Treaty, when they knew that this would void any sovereignty
gained by the Declaration of Independence and the Revolutionary War?
If we had won the Revolutionary War, the king granting us our land
would not be necessary, it would have been ours by his loss of the
Revolutionary War. To not dictate the terms of a peace treaty in a
position of strength after winning a war; means the war was never
won. Think of other wars we have won, such as when we defeated Japan.
Did McArther allow Japan to dictate to him the terms for surrender?
No way! All these men did is gain status and privilege granted by the
king and insure the subjection of future unaware generations. Worst
of all, they sold out those that gave their lives and property for
the chance to be free.
When
Cornwallis surrendered to Washington he surrendered the battle, not
the war. Read the Article of Capitulation signed by Cornwallis at
Yorktown (footnote 3)
Jonathan
Williams recorded in his book, Legions of Satan, 1781, that
Cornwallis revealed to Washington during his surrender that "a
holy war will now begin on America, and when it is ended America will
be supposedly the citadel of freedom, but her millions will
unknowingly be loyal subjects to the Crown."...."in less
than two hundred years the whole nation will be working for divine
world government. That government that they believe to be divine will
be the British Empire."
All
the Treaty did was remove the United States as a liability and
obligation of the king. He no longer had to ship material and money
to support his subjects and colonies. At the same time he retained
financial subjection through debt owed after the Treaty, which is
still being created today; millions of dollars a day. And his heirs
and successors are still reaping the benefit of the kings original
venture. If you will read the following quote from Title 26, you will
see just one situation where the king is still collecting a tax from
those that receive a benefit from him, on property which is purchased
with the money the king supplies, at almost the same percentage:
-CITE-
26
USC Sec. 1491
HEAD-
Sec.
1491. Imposition of tax
-STATUTE-
There
is hereby imposed on the transfer of property by a citizen or
resident of the United States, or by a domestic corporation or
partnership, or by an estate or trust which is not a foreign estate
or trust, to a foreign corporation as paid-in surplus or as a
contribution to capital, or to a foreign estate or trust, or to a
foreign partnership, an excise tax equal to 35 percent of the excess
of -
(1)
the fair market value of the property so transferred, over
(2)
the sum of -
(A)
the adjusted basis (for determining gain) of such property in the
hands of the transferor, plus
(B)
the amount of the gain recognized to the transferor at the time of
the transfer.
-SOURCE-
(Aug.
16, 1954, ch. 736, 68A Stat. 365; Oct. 4, 1976, Pub. L. 94-455, title
X, Sec. 1015(a), 90 Stat. 1617; Nov. 6, 1978, Pub. L. 95-600, title
VII, Sec. 701(u)(14)(A), 92 Stat. 2919.)
-MISC1-
AMENDMENTS
1978
- Pub. L. 95-600 substituted 'estate or trust' for 'trust' wherever
appearing.
1976
- Pub. L. 94-455 substituted in provisions preceding par.
(1)
'property' for 'stocks and securities' and '35 percent' for '27 1/2
percent' and in par.
(1)
'fair market value' for 'value' and 'property' for 'stocks and
securities' and in par.
(2)
designated existing provisions as subpar. (A) and added subpar. (B).
EFFECTIVE
DATE OF 1978 AMENDMENT
Section
701(u)(14)(C) of Pub. L. 95-600 provided that: 'The amendments made
by this paragraph (amending this section and section 1492 of this
title) shall apply to transfers after October 2, 1975.'
EFFECTIVE
DATE OF 1976 AMENDMENT
Section
1015(d) of Pub. L. 94-455 provided that: 'The amendments made by this
section (enacting section 1057 of this title, amending this section
and section 1492 of this title, and renumbering former section 1057
as 1058 of this title) shall apply to transfers of property after
October 2, 1975.'
A
new war was declared when the Treaty was signed. The king wanted his
land back and he knew he would be able to regain his property for his
heirs with the help of his world financiers. Here is a quote from the
king speaking to Parliament after the Revolutionary War had
concluded.
(Six
weeks after) the capitulation of Yorktown, the king of Great Britain,
in his speech to Parliament (Nov. 27, 1781), declared "That he
should not answer the trust committed to the sovereign of a free
people, if he consented to sacrifice either to his own desire of
peace, or to their temporary ease and relief, those essential rights
and permanent interests, upon the maintenance and preservation of
which the future strength and security of the country must forever
depend." The determined language of this speech, pointing to the
continuance of the American war, was echoed back by a majority of
both Lords and Commons.
In
a few days after (Dec. 12), it was moved in the House of Commons that
a resolution should be adopted declaring it to be their opinion "That
all farther attempts to reduce the Americans to obedience by force
would be ineffectual, and injurious to the true interests of Great
Britain." The rest of the debate can be found in (footnote 4).
What were the true interests of the king? The gold, silver and
copper.
The
new war was to be fought without Americans being aware that a war was
even being waged, it was to be fought by subterfuge and key personnel
being placed in key positions. The first two parts of "A Country
Defeated In Victory," go into detail about how this was done and
exposes some of the main players.
Every
time you pay a tax you are transferring your labor to the king, and
his heirs and successors are still receiving interest from the
original American Charters.
The
following is the definition of tribute (tax).
"A
contribution which is raised by a prince or sovereign from his
subjects to sustain the expenses of the state. A sum of money paid by
an inferior sovereign or state to a superior potentate, to secure the
friendship or protection of the latter." Blacks Law Dictionary
forth ed. p. 1677
As
further evidence, not that any is needed, a percentage of taxes that
are paid are to enrich the king/queen of England. For those that
study Title 26 you will recognize IMF, which means Individual Master
File, all tax payers have one. To read one you have to be able to
break their codes using file 6209, which is about 467 pages. On your
IMF you will find a blocking series, which tells you what type of tax
you are paying. You will probably find a 300-399 blocking series,
which 6209 says is reserved. You then look up the BMF 300-399, which
is the Business Master File in 6209. You would have seen prior to
1991, this was U.S.-U.K. Tax Claims, non-refile DLN. Meaning everyone
is considered a business and involved in commerce and you are being
held liable for a tax via a treaty between the U.S. and the U.K.,
payable to the U.K.. The form that is supposed to be used for this is
form 8288, FIRPTA - Foreign Investment Real Property Tax Account, you
won't find many people using this form, just the 1040 form. The 8288
form can be found in the Law Enforcement Manual of the IRS, chapter
3. If you will check the OMB's paper - Office of Management and
Budget, in the Department of Treasury, List of Active Information
Collections, Approved Under Paperwork Reduction Act, you will find
this form under OMB number 1545-0902, which says U.S. withholding
tax-return for dispositions by foreign persons of U.S. real property
interests-statement of withholding on dispositions, by foreign
persons, of U.S. Form #8288 #8288a. These codes have since been
changed to read as follows; IMF 300-309, Barred Assement, CP 55
generated valid for MFT-30, which is the code for 1040 form. IMF
310-399 reserved, the BMF 300-309 reads the same as IMF 300-309. BMF
390-399 reads U.S./U.K. Tax Treaty Claims. The long and short of it
is nothing changed, the government just made it plainer, the 1040 is
the payment of a foreign tax to the king/queen of England. We have
been in financial servitude since the Treaty of 1783.
Another
Treaty between England and the United States was Jay's Treaty of 1794
(footnote 5). If you will remember from the Paris Treaty of 1783,
John Jay Esqr. was one of the negotiators of the Treaty. In 1794 he
negotiated another Treaty with Britain. There was great controversy
among the American people about this Treaty.
In
Article 2 you will see the king is still on land that was supposed to
be ceded to the United States at the Paris Treaty. This is 13 years
after America supposedly won the Revolutionary War. I guess someone
forgot to tell the king of England. In Article 6, the king is still
dictating terms to the United States concerning the collection of
debt and damages, the British government and World Bankers claimed we
owe. In Article 12 we find the king dictating terms again, this time
concerning where and with who the United States could trade. In
Article 18 the United States agrees to a wide variety of material
that would be subject to confiscation if Britain found said material
going to its enemies ports. Who won the Revolutionary War?
That's
right, we were conned by some of our early fore fathers into
believing that we are free and sovereign people, when in fact we had
the same status as before the Revolutionary War. I say had, because
our status is far worse now than then. I'll explain.
Early
on in our history the king was satisfied with the interest made by
the Bank of the United States. But when the Bank Charter was canceled
in 1811 it was time to gain control of the government, in order to
shape government policy and public policy. Have you never asked
yourself why the British, after burning the White House and all our
early records during the War of 1812, left and did not take over the
government. The reason they did, was to remove the greatest barrier
to their plans for this country. That barrier was the newly adopted
13th Amendment to the United States Constitution. The purpose for
this Amendment was to stop anyone from serving in the government who
was receiving a Title of nobility or honor. It was and is obvious
that these government employees would be loyal to the granter of the
Title of nobility or honor.
The
War of 1812 served several purposes. It delayed the passage of the
13th Amendment by Virginia, allowed the British to destroy the
evidence of the first 12 states ratification of this Amendment, and
it increased the national debt, which would coerce the Congress to
reestablish the Bank Charter in 1816 after the Treaty of Ghent was
ratified by the Senate in 1815.
Forgotten
Amendment
The
Articles of Confederation, Article VI states: "nor shall the
united States in Congress assembled, or any of them, grant any Title
of nobility."
The
Constitution for the united States, in Article, I Section 9, clause 8
states: "No Title of nobility shall be granted by the united
States; and no Person holding any Office or Profit or Trust under
them, shall, without the Consent of the Congress, accept of any
present, Emolument, Office, or Title, of any kind whatever, from any
King, Prince, or foreign State."
Also,
Section 10, clause 1 states, "No State shall enter into any
Treaty, Alliance, or Confederation; grant Letters of Marque or
Reprisal; coin Money; emit Bills of Credit; make any Thing but Gold
and silver Coin a Tender in Payment of Debts; pass any Bill of
Attainder, ex post facto of Law impairing the Obligation of
Contracts, or grant any Title of nobility."
There
was however, no measurable penalty for violation of the above
Sections, Congress saw this as a great threat to the freedom of
Americans, and our Republican form of government. In January 1810
Senator Reed proposed the Thirteenth Amendment, and on April 26, 1810
was passed by the Senate 26 to 1 (1st-2nd session, p. 670) and by the
House 87 to 3 on May 1, 1810 (2nd session, p. 2050) and submitted to
the seventeen states for ratification. The Amendment reads as
follows:
"If
any citizen of the United States shall Accept, claim, receive or
retain any title of nobility or honor, or shall, without the consent
of Congress, accept and retain any present, pension, office or
emolument of any kind whatever, from any emperor, king, prince or
foreign power, such person shall cease to be a citizen of the United
States, and shall be incapable of holding any office of trust or
profit under them, or either of them."
From
An "American Dictionary of the English Language, 1st Edition,"
Noah Webster, (1828) defines nobility as: "3. The qualities
which constitute distinction of rank in civil society, according to
the customs or laws of the country; that eminence or dignity which a
man derives from birth or title conferred, and which places him in an
order above common men."; and, "4. The persons collectively
who enjoy rank above commoners; the peerage."
The
fore-mentioned Sections in the Constitution for the united States,
and the above proposed Thirteenth Amendment sought to prohibit the
above definition, which would give any advantage or privilege to some
citizens an unequal opportunity to achieve or exercise political
power. Thirteen of the seventeen states listed below understood the
importance of this Amendment.
Date
admitted Date voted for Date voted against to the Union the Amendment
the Amendment
1788
Maryland Dec. 25, 1810
1792
Kentucky Jan. 31, 1811
1803
Ohio Jan. 31, 1811
1787
Delaware Feb. 2, 1811
1787
Pennsylvania Feb. 6, 1811
1787
New Jersey Feb. 13, 1811
1791
Vermont Oct. 24, 1811
1796
Tennessee Nov. 21, 1811
1788
Georgia Dec. 13, 1811
1789
North Carolina Dec. 23, 1811
1788
Massachusetts Feb. 27, 1812
1788
New Hampshire Dec. 10, 1812
1788
Virginia March 12, 1819
1788
New York March 12, 1811
1788
Connecticut May 1813
1788
South Carolina December 7, 1813
1790
Rhode Island September 15, 1814
On
March 10, 1819, the Virginia legislature passed Act No. 280
(Virginia Archives of Richmond, "misc." file, p. 299 for micro- film):
(Virginia Archives of Richmond, "misc." file, p. 299 for micro- film):
"Be
it enacted by the General Assembly, that there shall be published an
edition of the laws of this Commonwealth in which shall be contained
the following matters, that is to say: the Constitution of the united
States and the amendments thereto..."
The
official day of ratification was March 12, 1819, this was the date of
re-publication of the Virginia Civil Code. Virginia ordered 4,000
copies, almost triple their usual order. Word of Virginia's 1819
ratification spread throughout the states and both Rhode Island and
Kentucky published the new Amendment in 1822. Ohio published the new
Amendment in 1824. Maine ordered 10,000 copies of the Constitution
with the new Amendment to be printed for use in the public schools,
and again in 1831 for their Census Edition. Indiana published the new
Amendment in the Indiana Revised Laws, of 1831 on P. 20. The
Northwest Territories published the new Amendment in 1833; Ohio
published the new Amendment again in 1831 and in 1833. Connecticut,
one of the states that voted against the new Amendment published the
new Amendment in 1835. Wisconsin Territory published the new
Amendment in 1839; Iowa Territory published the new Amendment in
1843; Ohio published the new Amendment again, in 1848; Kansas
published the new Amendment in 1855; and Nebraska Territory published
the new Amendment six years in a row from 1855 to 1860. Colorado
Territory published the new Amendment in 1865 and again 1867, in the
1867 printing, the present Thirteenth Amendment (slavery Amendment)
was listed as the Fourteenth Amendment. The repeated reprinting of
the Amended united States Constitution is conclusive evidence of its
passage.
Also,
as evidence of the new Thirteenth Amendments impending passage; on
December 2, 1817 John Quincy Adams, then Secretary of State, wrote to
Buck (an attorney) regarding the position Buck had been assigned. The
letter reads:
"...if
it should be the opinion of this Government that the acceptance on
your part of the Commission under which it was granted did not
interfere with your citizenship. It is the opinion of the Executive
that under the 13th amendment to the constitution by the acceptance
of such an appointment from any foreign Government, a citizen of the
United States ceases to enjoy that character, and becomes incapable
of holding any office of trust or profit under the United States or
either of them... J.Q.A.
By
virtue of these titles and honors, and special privileges, lawyers
have assumed political and economic advantages over the majority of
citizens. A majority may vote, but only a minority (lawyers) may run
for political office.
After
the War of 1812 was concluded the Treaty of Ghent was signed and
ratified (footnote 6). In Article 4 of the Treaty, the United States
gained what was already given in the Treaty of Paris 1783, namely
islands off the U.S. Coast. Also, two men were to be given the power
to decide the borders and disagreements, if they could not, the power
was to be given to an outside sovereign power and their decision was
final and considered conclusive. In Article 9 it is admitted there
are citizens and subjects in America. As you have seen, the two terms
are interchangeable, synonymous. In Article 10 you will see where the
idea for the overthrow of this country came from and on what issue.
The issue raised by England was slavery and it was nurtured by the
king's emissaries behind the scenes. This would finally lead to the
Civil War, even though the Supreme Court had declared the states and
their citizens property rights could not be infringed on by the
United States government or Congress. This was further declared by
the following Presidential quotes, where they declared to violate the
states rights would violate the U.S. Constitution. Also, history
shows that slavery would not have existed much longer in the Southern
states, public sentiment was changing and slavery was quickly
disappearing. The Civil War was about destroying property rights and
the U.S. Constitution which supported these rights. Read the
following quotes of Presidents just before the Civil War:
"I
believe that involuntary servitude, as it exists in different States
of this Confederacy, is recognized by the Constitution. I believe
that it stands like any other admitted right, and that the States
were it exists are entitled to efficient remedies to enforce the
constitutional provisions." Franklin Pierce Inaugural Address,
March 4, 1853 - Messages and Papers of the Presidents, vol. 5.
"The
whole Territorial question being thus settled upon the principle of
popular sovereignty-a principle as ancient as free government
itself-everything of a practical nature has been decided. No other
question remains for adjustment, because all agree that under the
Constitution slavery in the States is beyond the reach of any human
power except that of the respective States themselves wherein it
exists." James Buchanan Inaugural Address, March 4, 1857 -
Messages and Papers of the Presidents, vol. 5.
"I
cordially congratulate you upon the final settlement by the Supreme
Court of the United States of the question of slavery in the
Territories, which had presented an aspect so truly formidable at the
commencement of my Administration. The right has been established of
every citizen to take his property of any kind, including slaves,
into the common Territories belonging equally to all the States of
the Confederacy, and to have it protected there under the Federal
Constitution. Neither Congress nor a Territorial legislature nor any
human power has any authority to annul or impair this vested right.
The supreme judicial tribunal of the country, which is a coordinate
branch of the Government, has sanctioned and affirmed these
principles of constitutional law, so manifestly just in themselves
and so well calculated to promote peace and harmony among the
States." James Buchanan, Third Annual Message, December 19, 1859
- Messages and Papers of the Presidents, vol. 5.
So
there is no misunderstanding I am not rearguing slavery. Slavery is
morally wrong and contrary to God Almighty's Law. In this divisive
issue, the true attack was on our natural rights and on the
Constitution. The core of the attack was on our right to possess
allodial property. Our God given right to own property in allodial
was taken away by conquest of the Civil War. If you are free this
right cannot be taken away. The opposite of free is slave or subject,
we were allowed to believe we were free for about 70 years. Then the
king said enough, and had the slavery issue pushed to the front by
the northern press, which so formed northern public opinion, that
they were willing to send their sons to die in the Civil War.
The
southern States were not fighting so much for the slave issue, but
for the right to own property, any property. These property rights
were granted by the king in the Treaty of 1783, knowing they would
soon be forfeited by the American people through ignorance. Do you
think you own your house? If you were to stop paying taxes, federal
or state, you would soon find out that you were just being allowed to
live and pay rent for this house. The rent being the taxes to the
king, who supplied the benefit of commerce. A free man not under a
monarch, democracy, dictatorship or socialist government, but is
under a republican form of government would not and could not have
his property taken. Why! The king's tax would not and could not be
levied. If the Americans had been paying attention the first 70 years
to the subterfuge and corruption of the Constitution and government
representatives, instead of chasing the money supplied by the king,
the Conquest of this country during the Civil War could have been
avoided. George Washington had vision during the Revolutionary War,
concerning the Civil War. You need to read it. footnote 7
Civil
War and the Conquest that followed
The
government and press propaganda that the War was to free the black
people from slavery is ridiculous, once you understand the Civil War
Thirteenth and Fourteenth Amendments. The black people are just as
much slaves today as before the Civil War just as the white people
are, and also we find ourselves subjects of the king/queen of
England. The only thing that changed for black people is they changed
masters and were granted a few rights, which I might add can be taken
away anytime the government chooses. Since the 1930's the black
people have been paid reparations to buy off their silence, in other
words, keep the slaves on the plantation working. I do not say this
to shock or come across as prejudiced, because I'm not. Here's what
Russell Means said, for those that don't remember who he is, he was
the father in the movie called, "Last Of The Mohicians".
Russell Means said " until the white man is free we will never
be free", the we he is referring to are the Indians. There has
never been a truer statement, however the problem is the white people
are not aware of their enslavement.
At
the risk of being redundant; to set the record straight, because Lord
only knows what will be said about what I just said regarding black
people, I believe that if you are born in this country you are equal,
period. Forget the empty promises of civil rights, what about you
unalienable natural rights under God Almighty. All Americans are
feudal tenants on the land, allowed to rent the property they live on
as long as the king gets his cut. What about self-determination, or
being able to own allodial title to property, which means the king
cannot take your property for failure to pay a tax. Which means you
did not own it to begin with. The king allows you to use the material
goods and land. Again this is financial servitude.
"The
ultimate ownership of all property is in the state; individual
so-called `ownership' is only by virtue of government, i.e., law,
amounting to a mere user; and use must be in accordance with law and
subordinate to the necessities of the State." Senate Document
No. 43, "Contracts payable in Gold" written in 1933.
The
king controlled the government by the time the North won the Civil
War, through the use of lawyers that called the shots behind the
scenes, just as they do now and well placed subjects in the United
States government. This would not have been possible if not for
England destroying our documents in 1812 and the covering up of state
documents of the original 13th Amendment.
According
to International law, what took place when the North conquered the
South? First, you have to understand the word "conquest" in
international law. When you conquer a state you acquire the land; and
those that were subject to the conquered state, then become subject
to the conquers. The laws of the conquered state remain in force
until the conquering state wishes to change all or part of them. At
the time of conquest the laws of the conquered state are subject to
change or removal, which means the law no longer lies with the
American people through the Constitution, but lies with the new
sovereign. The Constitution no longer carries any power of its own,
but drives its power from the new sovereign, the conqueror. The
reason for this is the Constitution derived its power from the
people, when they were defeated, so was the Constitution.
The
following is the definition of Conquest: "The acquisition of the
sovereignty of a country by force of arms, exercised by an
independent power which reduces the vanquished to submission to its
empire." "The intention of the conqueror to retain the
conquered territory is generally manifested by formal proclamation of
annexation, and when this is combined with a recognized ability to
retain the conquered territory, the transfer of sovereignty is
complete. A treaty of peace based upon the principle of uti
possidetis (q.v.) is formal recognition of conquest." "The
effects of conquest are to confer upon the conquering state the
public property of the conquered state, and to invest the former with
the rights and obligations of the latter; treaties entered into by
the conquered state with other states remain binding upon the
annexing state, and the debts of the extinct state must be taken over
by it. Conquest likewise invests the conquering state with
sovereignty over the subjects of the conquered state. Among subjects
of the conquered state are to be included persons domiciled in the
conquered territory who remain there after the annexation. The people
of the conquered state change their allegiance but not their
relations to one another." Leitensdorfer v. Webb, 20 How. (U.S.)
176, 15 L. Ed. 891. "After the transfer of political
jurisdiction to the conqueror the municipal laws of the territory
continue in force until abrogated by the new sovereign."
American Ins. Co. v. Canter, 1 Pet. (U.S.) 511, 7 L. Ed. 242.
Conquest, In international Law. - Bouvier's Law Dictionary
What
happened after the Civil War? Did not U.S. troops force the southern
states to accept the Fourteenth Amendment? The laws of America, the
Constitution were changed by the conquering government. Why? The main
part I want you to see, as I said at the beginning of this paper, is
watch the money and the commerce. The Fourteenth Amendment says the
government debt can not be questioned. Why? Because now the king
wants all the gold, silver and copper and the land. Which can easily
be done by increasing the government debt and making the American
people sureties for the debt. This has been done by the sleight of
hand of lawyers and the bankers.
The
conquering state is known as a Belligerent, read the following
quotes.
Belligerency,
is International Law
"The status of de facto statehood attributed to a body of insurgents, by which their hostilities are legalized. Before they can be recognized as belligerents they must have some sort of political organization and be carrying on what is international law is regarded as legal war. There must be an armed struggle between two political bodies, each of which exercises de facto authority over persons within a determined territory, and commands an army which is prepared to observe the ordinary laws of war. It is not enough that the insurgents have an army; they must have an organized civil authority directing the army." "The exact point at which revolt or insurrection becomes belligerency is often extremely difficult to determine; and belligerents are not usually recognized by nations unless they have some strong reason or necessity for doing so, either because the territory where the belligerency is supposed to exist is contiguous to their own, or because the conflict is in some way affecting their commerce or the rights of their citizens...One of the most serious results of recognizing belligerency is that it frees the parent country from all responsibility for what takes place within the insurgent lined; Dana's Wheaton, note 15, page 35." Bouvier's Law Dictionary
"The status of de facto statehood attributed to a body of insurgents, by which their hostilities are legalized. Before they can be recognized as belligerents they must have some sort of political organization and be carrying on what is international law is regarded as legal war. There must be an armed struggle between two political bodies, each of which exercises de facto authority over persons within a determined territory, and commands an army which is prepared to observe the ordinary laws of war. It is not enough that the insurgents have an army; they must have an organized civil authority directing the army." "The exact point at which revolt or insurrection becomes belligerency is often extremely difficult to determine; and belligerents are not usually recognized by nations unless they have some strong reason or necessity for doing so, either because the territory where the belligerency is supposed to exist is contiguous to their own, or because the conflict is in some way affecting their commerce or the rights of their citizens...One of the most serious results of recognizing belligerency is that it frees the parent country from all responsibility for what takes place within the insurgent lined; Dana's Wheaton, note 15, page 35." Bouvier's Law Dictionary
Belligerent,
In International Law.
"As adj. and noun. Engaged in lawful war; a state so engaged. In plural. A body of insurgents who by reason of their temporary organized government are regarded as conducting lawful hostilities. Also, militia, corps of volunteers, and others, who although not part of the regular army of the state, are regarded as lawful combatants provided they observe the laws of war; 4 H. C. 1907, arts, 1, 2." Bouvier's Law Dictionary
"As adj. and noun. Engaged in lawful war; a state so engaged. In plural. A body of insurgents who by reason of their temporary organized government are regarded as conducting lawful hostilities. Also, militia, corps of volunteers, and others, who although not part of the regular army of the state, are regarded as lawful combatants provided they observe the laws of war; 4 H. C. 1907, arts, 1, 2." Bouvier's Law Dictionary
According
to the International law no law has been broken. Read the following
about military occupation, notice the third paragraph. After the
Civil War, title to the land had not been completed to the conquers,
but after 1933 it was. I will address this in a moment. In the last
paragraph, it says the Commander-in- Chief governs the conquered
state. The proof that this is the case today, is the U.S. flies the
United States flag with a yellow fringe on three sides. According to
the United States Code, Title 4, Sec. 1, the U.S. flag does not have
a fringe on it. The difference being one is a Constitutional flag,
and the fringed flag is a military flag. The military flag means you
are in a military occupation and are governed by the
Commander-in-Chief in his executive capacity, not under any
Constitutional authority. Read the following.
Military
Occupation
"This at most gives the invader certain partial and limited rights of sovereignty. Until conquest, the sovereign rights of the original owner remain intact. Conquest gives the conqueror full rights of sovereignty and, retroactively, legalizes all acts done by him during military occupation. Its only essential is actual and exclusive possession, which must be effective." "A conqueror may exercise governmental authority, but only when in actual possession of the enemy's country; and this will be exercised upon principles of international law; MacLeod v. U.S., 229 U.S. 416, 33 Sup. Ct 955, 57 L. Ed. 1260." "The occupant administers the government and may, strictly speaking, change the municipal law, but it is considered the duty of the occupant to make as few changes in the ordinary administration of the laws as possible, though he may proclaim martial law if necessary. He may occupy public land and buildings; he cannot alienate them so as to pass a good title, but a subsequent conquest would probably complete the title..." "Private lands and houses are usually exempt. Private movable property is exempt, though subject to contributions and requisitions. The former are payments of money, to be levied only by the commander-in-chief...Military necessity may require the destruction of private property, and hostile acts of communities or individuals may be punished in the same way. Property may be liable to seizure as booty on the field of battle, or when a town refuses to capitulate and is carried by assault. When military occupation ceases, the state of things which existed previously is restored under the fiction of postliminium (q.v.)" "Territory acquired by war must, necessarily, be governed, in the first instance, by military power under the direction of the president, as commander-in-chief. Civil government can only be put in operation by the action of the appropriate political department of the government, at such time and in such degree as it may determine. It must take effect either by the action of the treaty- making power, or by that of congress. So long as congress has not incorporated the territory into the United States, neither military occupation nor cession by treaty makes it domestic territory, in the sense of the revenue laws. Congress may establish a temporary government, which is not subject to all the restrictions of the constitution. Downes v. Bidwell, 182 U.S. 244, 21 Sup Ct. 770, 45 L. Ed. 1088, per Gray, J., concurring in the opinion of the court." Bouvier's Law Dictionary
"This at most gives the invader certain partial and limited rights of sovereignty. Until conquest, the sovereign rights of the original owner remain intact. Conquest gives the conqueror full rights of sovereignty and, retroactively, legalizes all acts done by him during military occupation. Its only essential is actual and exclusive possession, which must be effective." "A conqueror may exercise governmental authority, but only when in actual possession of the enemy's country; and this will be exercised upon principles of international law; MacLeod v. U.S., 229 U.S. 416, 33 Sup. Ct 955, 57 L. Ed. 1260." "The occupant administers the government and may, strictly speaking, change the municipal law, but it is considered the duty of the occupant to make as few changes in the ordinary administration of the laws as possible, though he may proclaim martial law if necessary. He may occupy public land and buildings; he cannot alienate them so as to pass a good title, but a subsequent conquest would probably complete the title..." "Private lands and houses are usually exempt. Private movable property is exempt, though subject to contributions and requisitions. The former are payments of money, to be levied only by the commander-in-chief...Military necessity may require the destruction of private property, and hostile acts of communities or individuals may be punished in the same way. Property may be liable to seizure as booty on the field of battle, or when a town refuses to capitulate and is carried by assault. When military occupation ceases, the state of things which existed previously is restored under the fiction of postliminium (q.v.)" "Territory acquired by war must, necessarily, be governed, in the first instance, by military power under the direction of the president, as commander-in-chief. Civil government can only be put in operation by the action of the appropriate political department of the government, at such time and in such degree as it may determine. It must take effect either by the action of the treaty- making power, or by that of congress. So long as congress has not incorporated the territory into the United States, neither military occupation nor cession by treaty makes it domestic territory, in the sense of the revenue laws. Congress may establish a temporary government, which is not subject to all the restrictions of the constitution. Downes v. Bidwell, 182 U.S. 244, 21 Sup Ct. 770, 45 L. Ed. 1088, per Gray, J., concurring in the opinion of the court." Bouvier's Law Dictionary
Paragraph
1-3 of the definition of Military Occupation describes what took
place during and after the Civil War. What took place during the
Civil War and Post Civil War has been legal under international law.
You should notice in paragraph 3, that at the end of the Civil War,
title to the land was not complete, but the subsequent Conquest
completed the title. When was the next Conquest? 1933, when the
American people were alienated by our being declared enemies of the
Conquer and by their declaring war against all Americans. Read the
following quotes and also (footnote 8).
The
following are excerpts from the Senate Report, 93rd Congress,
November 19, 1973, Special Committee On The Termination Of The
National Emergency United States Senate.
Since
March 9, 1933, the United States has been in a state of declared
national emergency.... Under the powers delegated by these statutes,
the President may: seize property; organize and control the means of
production; seize commodities; assign military forces abroad;
institute martial law; seize and control all transportation and
communication; regulate the operation of private enterprise; restrict
travel; and, in a plethora of particular ways, control the lives of
all American citizens. A majority of the people of the United States
have lived all of their lives under emergency rule. For 40 years,
freedoms and governmental procedures guaranteed by the Constitution
have, in varying degrees, been abridged by laws brought into force by
states of national emergency....from, at least, the Civil War in
important ways shaped the present phenomenon of a permanent state of
national emergency.
In
Title 12, in section 95b you'll find the following codification of
the emergency war powers: The actions, regulations, rules, licenses,
orders and proclamations heretofore or hereafter taken, promulgated,
made, or issued by the President of the United States or the
Secretary of the Treasury since March 4, 1933, pursuant to the
authority conferred by subsection (b) of section 5 of the Act of
October 6, 1917, as amended (12 USCS, 95a), are hereby approved and
confirmed. (March 9, 1933, c. 1, Title 1, 1, 48 Stat. 1)
It
is clear that the Bankrupt, defacto government of the united States,
which is operating under the War Powers Act and Executive Orders; not
the Constitution for the united States, has in effect issued under
its Admiralty Law, Letters of Marque (piracy) to its private agencies
IRS, ATF, FBI and DEA, with further enforcement by its officers in
the Courts, local police and sheriffs, waged war against the American
People and has classed Americans as enemy aliens.
The
following definition is from BOUVIER'S LAW DICTIONARY (P. 1934) of
Letters of Marque, it says: "A commission granted by the
government to a private individual, to take the property of a foreign
state, or of the citizens or subjects of such state, as a reparation
for an injury committed by such state, its citizens or subjects. The
prizes so captured are divided between the owners of the privateer,
the captain, and the crew. A vessel to a friendly port, but armed for
its own defence in case of attack by an enemy, is also called a
letter of marque."
Words
and Phrases, Dictionary
By the law of nations, an enemy is defined to be "one with whom a nations at open war." When the sovereign ruler of a state declares war against another sovereign, it is understood the whole nation declares war against that other nation. All the subjects of one are enemies to all the subjects of the other, and during the existence of the war they continue enemies, in whatever country they may happen to be, "and all persons residing within the territory occupied by the belligerents, although they are in fact foreigners, are liable to be treated as enemies." Grinnan v. Edwards, 21 W.Va. 347, 357, quoting Vatt. Law.Nat.bk. 3, c. 69-71
By the law of nations, an enemy is defined to be "one with whom a nations at open war." When the sovereign ruler of a state declares war against another sovereign, it is understood the whole nation declares war against that other nation. All the subjects of one are enemies to all the subjects of the other, and during the existence of the war they continue enemies, in whatever country they may happen to be, "and all persons residing within the territory occupied by the belligerents, although they are in fact foreigners, are liable to be treated as enemies." Grinnan v. Edwards, 21 W.Va. 347, 357, quoting Vatt. Law.Nat.bk. 3, c. 69-71
So
we find ourselves enemies in our own country and subjects of a king
that has conquered our land, with heavy taxation and no possibility
of fair representation.
The
government has, through the laws of forfeiture, taken prize and booty
for the king; under the Admiralty Law and Executive powers as
declared by the Law of the Flag. None of which could have been done
with the built in protection contained in the true Thirteenth
Amendment, which has been kept from the American People. The
fraudulent Amendments and legislation that followed the Civil War,
bankrupted the American People and put the privateers (banksters) in
power, and enforced by the promise of prize and booty to their
partners in crime (government).
The
following is the definition of a tyrant.
Webster's New Universal Unabridged Dictionary defines tyrant as follows: "1. An absolute ruler; one who seized sovereignty illegally; a usurper. 2. a cruel oppressive ruler; a despot. 3. one who exercises his authority in an oppressive manner, a cruel master."
Webster's New Universal Unabridged Dictionary defines tyrant as follows: "1. An absolute ruler; one who seized sovereignty illegally; a usurper. 2. a cruel oppressive ruler; a despot. 3. one who exercises his authority in an oppressive manner, a cruel master."
"When
I see that the right and means of absolute command are conferred on a
people or upon a king, upon an aristocracy or a democracy, a monarchy
or republic, I recognize the germ of tyranny, and I journey onwards
to a land of more helpful institutions." Alexis de Tocqueville,
1 DEMOCRACY IN AMERICA, at 250 [Arlington House (1965)].
So
we pick up with paragraph 4, which describes the taxation under
Military Occupation and that you are under Executive control and are
bound under admiralty law by the contracts we enter, including silent
contracts and by Military Occupation.
Notice
the last sentence in paragraph 5, Congress may establish a temporary
government, which is not subject to all the restrictions of the
Constitution. See also Harvard Law Review - the Insular Cases. This
means you do not have a Constitutional government, you have a
military dictatorship, controlled by the President as
Commander-in-Chief. What is another way you can check out what I am
telling you? Read the following quotes.
"...[T]he
United States may acquire territory by conquest or by treaty, and may
govern it through the exercise of the power of Congress conferred by
Section 3 of Article IV of the Constitution... In exercising this
power, Congress is not subject to the same constitutional
limitations, as when it is legislating for the United States. ...And
in general the guaranties of the Constitution, save as they are
limitations upon the exercise of executive and legislative power when
exerted for or over our insular possessions, extend to them only as
Congress, in the exercise of its legislative power over territory
belonging to the United States, has made those guarantees
applicable." [Hooven & Allison & Co. vs Evatt, 324 U.S.
652 (1945)
"The
idea prevails with some indeed, it found expression in arguments at
the bar that we have in this country substantially or practically two
national governments; one to be maintained under the Constitution,
with all its restrictions; the other to be maintained by Congress
outside and independently of that instrument, by exercising such
powers as other nations of the earth are accustomed to exercise. I
take leave to say that if the principles thus announced should ever
receive the sanction of a majority of this court, a radical and
mischievous change in our system of government will be the result. We
will, in that event, pass from the era of constitutional liberty
guarded and protected by a written constitution into an era of
legislative absolutism.
It
will be an evil day for American liberty if the theory of a
government outside of the supreme law of the land finds lodgment in
our constitutional jurisprudence. No higher duty rests upon this
court than to exert its full authority to prevent all violation of
the principles of the constitution." [Downes vs Bidwell, 182
U.S. 244 (1901)]
A
Military Flag
And
to further confirm and understand the significance of what I have
told you, you need to understand the fringe on the United States
flag. Read the following.
First
the appearance of our flag is defined in Title 4 sec. 1. U.S.C.. "The
flag of the United States shall be thirteen horizontal stripes,
alternate red and white; and the union of the flag shall be
forty-eight stars, white in a blue field." (my note - of course
when new states are admitted, new stars are added.)
A
foot note was added on page 1113 of the same section which says:
"Placing of fringe on the national flag, the dimensions of the
flag, and arrangement of the stars are matters of detail not
controlled by statute, but within the discretion of the President as
commander-in-chief of the Army and Navy." 1925, 34 Op.Atty.Gen.
483.
The
president, as military commander, can add a yellow fringe to our
flag. When would this be done? During time of war. Why? A flag with a
fringe is an ensign, a military flag. Read the following.
"Pursuant
to U.S.C. Chapter 1, 2, and 3; Executive Order No. 10834, August 21,
1959, 24 F.R. 6865, a military flag is a flag that resembles the
regular flag of the United States, except that it has a YELLOW
FRINGE, bordered on three sides. The President of the United states
designates this deviation from the regular flag, by executive order,
and in his capacity as COMMANDER-IN-CHIEF of the Armed forces."
From
the National Encyclopedia, Volume 4:
"Flag, an emblem of a nation; usually made of cloth and flown from a staff. From a military standpoint flags are of two general classes, those flown from stationary masts over army posts, and those carried by troops in formation. The former are referred to by the general name flags. The latter are called colors when carried by dismounted troops. Colors and Standards are more nearly square than flags and are made of silk with a knotted Fringe of Yellow on three sides...use of the flag. The most general and appropriate use of the flag is as a symbol of authority and power."
"Flag, an emblem of a nation; usually made of cloth and flown from a staff. From a military standpoint flags are of two general classes, those flown from stationary masts over army posts, and those carried by troops in formation. The former are referred to by the general name flags. The latter are called colors when carried by dismounted troops. Colors and Standards are more nearly square than flags and are made of silk with a knotted Fringe of Yellow on three sides...use of the flag. The most general and appropriate use of the flag is as a symbol of authority and power."
"...The
agency of the master is devolved upon him by the law of the flag. The
same law that confers his authority ascertains its limits, and the
flag at the mast-head is notice to all the world of the extent of
such power to bind the owners or freighters by his act. The foreigner
who deals with this agent has notice of that law, and, if he be bound
by it, there is not injustice. His notice is the national flag which
is hoisted on every sea and under which the master sails into every
port, and every circumstance that connects him with the vessel
isolates that vessel in the eyes of the world, and demonstrates his
relation to the owners and freighters as their agent for a specific
purpose and with power well defined under the national maritime law."
Bouvier's Law Dictionary, 1914.
Don't
be thrown by the fact they are talking about the sea, and that it
doesn't apply to land. Admiralty law came on land in 1845 with the
Act of 1845 by Congress. Next a court case:
"Pursuant
to the "Law of the Flag", a military flag does result in
jurisdictional implication when flown. The Plaintiff cites the
following: "Under what is called international law, the law of
the flag, a shipowner who sends his vessel into a foreign port gives
notice by his flag to all who enter into contracts with the
shipmaster that he intends the law of the flag to regulate those
contracts with the shipmaster that he either submit to its operation
or not contract with him or his agent at all." Ruhstrat v.
People, 57 N.E. 41, 45, 185 ILL. 133, 49 LRA 181, 76 AM.
I
have had debates with folks that take great issue with what I have
said, they dogmatically say the constitution is the law and the
government is outside the law. I wish they were right, but they fail
to see or understand that the American people have been conquered,
unknowingly, but conquered all the same. That is why a judge will
tell you not to bring the Constitution into his court, or a law
dictionary, because he is the law, not the Constitution. You have
only to read the previous Senates report on National Emergency, to
understand the Constitution and our Constitutional form of government
no longer exists.
Further
Evidence
Social
Security
I
fail to understand how the American people could have been so dumbed
down as to not see that the Social Security system is fraudulent and
that it is based on socialism, which is the redistribution of wealth,
right out of the communist manifesto. The Social Security system
first, is fraud, it is insolvent and was never intended to be. It is
used for a national identification number, and a requirement to
receive benefits from the conquers (king). The Social Security system
is made to look and act like insurance, all insurance is governed by
admiralty law, which is the kings way of binding those involved with
commerce with him.
"The
Social Security system may be accurately described as a form of
Social Insurance, enacted pursuant to Congress' power to "spend
money in aid of the 'general welfare'," Helvering vs. Davis [301
U.S., at 640]
"My
judgment accordingly is, that policies of insurance are within... the
admiralty and maritime jurisdiction of the United States."
Federal Judge Story, in DELOVIO VS. BOIT, 7 Federal Cases, #3776, at
page 444 (1815)
You
need to know and understand what contribution means in F.I C. A.,
Federal Insurance Contribution Act. Read the following definition.
Contribution.
Right of one who has discharged a common liability to recover of
another also liable, the aliquot portion which he ought to pay or
bear. Under principle of "contribution," a tort-feasor
against whom a judgement is rendered is entitled to recover
proportional shares of judgement from other joint tort- feasor whose
negligence contributed to the injury and who were also liable to the
plaintiff. (cite omitted) The share of a loss payable by an insure
when contracts with two or more insurers cover the same loss. The
insurer's share of a loss under a coinsurance or similar provision.
The sharing of a loss or payment among several. The act of any one or
several of a number of co-debtors, co-sureties, etc., in reimbursing
one of their number who has paid the whole debt or suffered the whole
liability, each to the extent of his proportionate share. (Blacks Law
Dictionary 6th ed.)
Thereby
making you obligated for the national debt. The Social Security
system is one of the contractual nexus' between you and the king.
Because you are involved in the kings commerce and have asked
voluntarily for his protection, you have accomplished the following.
You have admitted that you are equally responsible for having caused
the national debt and that you are a wrong doer, as defined by the
above legal definition. You have admitted to being a Fourteenth
Amendment citizen, who only has civil rights granted by the king. By
being a Fourteenth Amendment citizen, you have agreed that you do not
have standing in court to question the national debt. Keep in mind
this is beyond the status of our country and people, which I covered
earlier in this paper. We are in this system of law because of the
conquest of our country.
Congress
has transferred its Constitutional obligation of coining money to the
federal reserve, the representatives of the king, this began after
the Civil War and the overturning of the U.S. Constitution, as a
result of CONGEST. You have used this fiat money without objection,
which is a commercial benefit, supplied by the kings bankers. Fiat
money has no real value, other than the faith in it, and you CANNOT
pay a debt with fiat money, because it is a debt instrument. A
federal reserve note is a promise to pay and is only evidence of
debt. The benefit you have received is you are allowed to discharge
your debt, which means you pass on financial servitude to someone
else. The someone else is our children.
When
you go to the grocery store and hand the clerk a fifty dollar federal
reserve note you have stolen the groceries and passed fifty dollars
of debt to the seller. Americans try to acquire as much of this fiat
money as they can. If Americans were aware of this; it wouldn't
matter to them, because they don't care if the merchandise is stolen
as long as it is legal. But what happens if the system fails? Those
with the most fiat money or real property, which was obtained with
fiat money will be forfeited to the king, everything that was
obtained with this fiat money reverts back to the king temporary, I
will explain in the conclusion of this paper. Because use of his fiat
money is a benefit, supplied by the king's bankers; it all transfers
back to the king. The king's claim to the increase in this country
comes from the original Charter of 1606. But, it is all hidden, black
is white and white is black, wealth is actually debt and financial
slavery.
For
those that do not have a Social Security number or think they have
rescinded it, you are no better off. As far as the king is concerned
you are subject to him also. Why? Well, just to list a couple of
reasons other than conquest. You use his money and as I said before,
this is discharging debt, without prosecution. You use the goods and
services that were obtained by this fiat money, to enrich your life
style and sustain yourself. You drive or travel, which ever
definition you want to use, on the king's highways and roads for
pleasure and to earn a living; meaning you are involved in the king's
commerce. On top of these reasons which are based on received
benefits, this country HAS BEEN CONQUERED!
I
know a lot of patriots won't like this. Your (our) argument has been
that the government has and is operating outside of the law (United
States Constitution). Believe me I don't like sounding like the
devils advocate, but as far as international law goes; and the laws
that govern War between countries, the king/queen of England rule
this country, first by financial servitude and then by actual
Conquest and Military Occupation. The Civil War was the beginning of
the Conquest, as evidenced by the Fourteenth Amendment. This
Amendment did several things, as already mentioned. It created the
only citizenship available to the conquered and declared that these
citizens had no standing in any court to challenge the monetary
policies of the new government. Why? So the king would always receive
his gain from his Commercial venture. The Amendment also eliminated
your use of natural rights and gave the Conquered civil rights. The
Conquered are governed by public policy, instead of Republic of
self-government under God Almighty. Your argument that this can't be,
is frivolous and without merit, the evidence is conclusive.
Nothing
has changed since before the Revolutionary War.
All
persons whose activities in King's Commerce are such that they fall
under this marine-like environment, are into an invisible Admiralty
Jurisdiction Contract. Admiralty Jurisdiction is the KING'S COMMERCE
of the High Seas, and if the King is a party to the sea-based
Commerce (such as by the King having financed your ship, or the ship
is carrying the King's guns), then that Commerce is properly governed
by the special rules applicable to Admiralty Jurisdiction. But as for
that slice of Commerce going on out on the High Seas without the King
as a party, that Commerce is called Maritime Jurisdiction, and so
Maritime is the private Commerce that transpires in a marine
environment. At least, that distinction between Admiralty and
Maritime is the way things once were, but no more. George Mercier,
Invisible Contracts, 1984.
What
Lincoln and Jefferson said about the true American danger was very
prophetic.
"All
the armies of Europe, Asia and Africa combined could not, by force,
take a drink from the Ohio, or make a track on the Blue Ridge in a
trial of a thousand years. At what point then is the approach of
danger to be expected? I answer, if it ever reach us it must spring
up amongst us. It cannot come from abroad. If destruction be our lot,
we ourselves must be its author and finisher. Abraham Lincoln
"Our
rulers will become corrupt, our people careless... the time for
fixing every essential right on a legal basis is [now] while our
rulers are honest, and ourselves united. From the conclusion of this
war we shall be going downhill. It will not then be necessary to
resort every moment to the people for support. They will be
forgotten, therefore, and their rights disregarded. They will forget
themselves, but in the sole faculty of making money, and will never
think of uniting to effect a due respect for their rights. The
shackles, therefore, which shall not be knocked off at the conclusion
of this war, will remain on us long, will be made heavier and
heavier, till our rights shall revive or expire in a convulsion.
Thomas Jefferson
Below
are the political platforms of the Democrats and the Republicans, as
you can see there is no difference between the two, plain socialism.
They are both leading America to a World government, just as
Cornwallis said, and that government will be the British empire or
promoted by the British.
"We
have built foundations for the security of those who are faced with
the hazards of unemployment and old age; for the orphaned, the
crippled, and the blind. On the foundation of the Social Security Act
we are determined to erect a structure of economic security for all
our people, making sure that this benefit shall keep step with the
ever increasing capacity of America to provide a high standard of
living for all its citizens." DEMOCRATIC PARTY PLATFORM OF 1936,
at page 360, infra.
"Real
security will be possible only when our productive capacity is
sufficient to furnish a decent standard of living for all American
families and to provide a surplus for future needs and contingencies.
For the attainment of that ultimate objective, we look to the energy,
self-reliance and character of our people, and to our system of free
enterprise. "Society has an obligation to promote the security
of the people, by affording some measure of protection against
involuntary unemployment and dependency in old age. The NEW DEAL
policies, while purporting to provide social security, have, in fact,
endangered it. "We propose a system of old age security, based
upon the following principles:
1.
We approve a PAY AS YOU GO policy, which requires of each generation
the support of the aged and the determination of what is just and
adequate.
2.
Every American citizen over 65 should receive a supplemental payment
necessary to provide a minimum income sufficient to protect him or
her from want.
3.
Each state and territory, upon complying with simple and general
minimum standards, should receive from the Federal Government a
graduated contribution in proportion to its own, up to a fixed
maximum.
4.
To make this program consistent with sound fiscal policy the Federal
revenues for this purpose must be provided from the proceeds of a
direct tax widely distributed. All will be benefitted and all should
contribute. "We propose to encourage adoption by the states and
territories of honest and practical measures for meeting the problems
of employment insurance. "The unemployment insurance and old age
annuity of the present Social Security Act are unworkable and deny
benefits to about two-thirds of our adult population, including
professional men and women and all engaged in agriculture and
domestic service, and the self-employed, while imposing heavy tax
burdens upon all."
-
REPUBLICAN PARTY PLATFORM OF 1936, at page 366.
Both
PLATFORMS appear in NATIONAL PARTY PLATFORMS -- 1840 TO 1972;
compiled
by Ronald Miller [University of Illinois Press, Urbana, Illinois
(1973)
CONCLUSION
Jesus
gave us the most profound warning and advise of all time, Hosea 4:6
"My people are destroyed by a lack of knowledge." This
being our understanding and spiritual development in His Word. When
applied to the many facets of life, His Word exposes all of life's
pit falls. Jesus Christ's Word covers all aspects of life.
The
working class during the 1700's were far more educated than now, but
this was still not enough to protect them from the secret subterfuge
practiced by the lawyers and bankers. Only with understanding of
Jesus Christ's Word, can the evil application of man's law be exposed
and understood for what it is. This is why Jesus Christ also warned
of the beguilement of the lawyers and the deceit and deception they
practice.
Another
reason, the working class have been unable to understand their
enslavement, is because of the time spent working for a living. At
wages supplied by the upper class, sufficient to live and even
prosper, but never enough to attain upper class status. This is basic
class warfare. This system is protected by the upper class
controlling public education, to limit and focus the working class's
knowledge, to maintain class separation.
What
does this have to do with this paper? Everything! This is the reason
our upper class fore fathers submitted to the king in the Treaty of
1783. After this Treaty and up to the Civil War, the working class
were busy making this the greatest Country in the history of the
world. You see they believed they were free, a freeman will work much
harder than a man that is subject or a slave. As a whole, the working
class were not paying attention to what the government was doing,
including its Treaties and laws. This allowed time for the banking
procedures and laws to be put in place over time, while the nation
slept, so the nation could be conquered during the Civil War. The
only way to regain this county is with the re-education of the
working class, so they can make informed decisions and vote the
mis-managers of our government out of office. We could then reverse
the post Civil War socialist laws and the one world government laws,
that have been gradually put in place since the Civil War. Until the
defeat of America is recognized, victory will never be attainable.
Only through reliance by faith on Jesus Christ and the teaching of
His Kingdom will we realize our freedom. As I said earlier, just as
this Country has been conquered, when Jesus Christ returns he
conquers all nations and takes possession of His Kingdom and rules
them with a rod of iron (Rev. 11:15-18). His right of ownership is
enforced by THE LAW, God Almighty.
The
preceding 11214 words are not to be changed or altered in any way,
exept by permission of the author, James Montgomery. I can be reached
through Knowledge is Freedom BBS.
"...And
to preserve their independence, we must not let our rulers load us
with perpetual debt. We must make our election between economy and
liberty or profusion and servitude. If we run into such debts as that
we must be taxed in our meat and in our drink, in our necessaries and
our comforts, in our labors and our amusements, for our callings and
our creeds, as the people of England are, our people, like them, must
come to labor sixteen hours in the twenty-four, and give the earnings
of fifteen of these to the government for their debts and daily
expenses; and the sixteenth being insufficient to afford us bread, we
must live, as they now do, on oatmeal and potatoes; have not time to
think, no means of calling the mismanager's to account; but be glad
to obtain subsistence by hiring ourselves to rivet their chains on
the necks of our fellow sufferers..."
(Thomas
Jefferson) THE MAKING OF AMERICA, p. 395
FOOTNOTES
Footnote
1
FIRST
CHARTER OF VIRGINIA
(1606)
[This
charter, granted by King James I. on April 10, 1606, to the oldest of
the English colonies in America, is a typical example of the
documents issued by the British government, authorizing "Adventurers"
to establish plantations in the New world. The name "Virginia"
was at that time applied to all that part of North America claimed by
Great Britain.]
I
JAMES, by the Grace of God, King of England, Scotland, France and
Ireland, Defender of the Faith, &c. WHEREAS our loving and
well-disposed Subjects, Sir Thomas Gates, and Sir George Somers,
Knights, Richard Hackluit, Prebendary of Westminster, and
Edward-Maria Wingfield, Thomas Hanham, and Ralegh Gilbert, Esqrs.
William Parker, and George Popham, Gentlemen, and divers others of
our loving Subjects, have been humble Suitors unto us, that We would
vouchsafe unto them our License (authors footnote: remember a license
granted by the king is a privilege), to make Habitation, Plantation,
and to deduce a Colony of sundry of our People into that Part of
America, commonly called VIRGINIA, and other Parts and Territories in
America, either appertaining unto us, or which are not now actually
possessed by any Christian Prince or People, situate, lying, and
being all along the Sea Coasts, between four and thirty Degrees of
Northerly Latitude from the Equinoctial Line, and five and forty
Degrees of the same Latitude, and in the main Land between the same
four and thirty and five and forty Degrees, and the Islands thereunto
adjacent, or within one hundred Miles of the Coasts thereof;
II.
And to that End, and for the more speedy Accomplishment of their said
intended Plantation and Habitation there, are desirous to divide
themselves into two several Colonies and Companies; The one
consisting of certain Knights, Gentlemen, Merchants, and other
Adventurers, of our City of London and elsewhere, which are, and from
time to time shall be, joined unto them, which do desire to begin
their Plantation and Habitation in some fit and convenient Place,
between four and thirty and one and forty Degrees of the said
Latitude, along the Coasts of Virginia and Coasts of America
aforesaid; And the other consisting of sundry Knights, Gentlemen,
Merchants, and other Adventurers, of our Cities of Bristol and
Exeter, and of our Town of Plimouth, and of other Places, which do
join themselves unto that Colony, which do desire to begin their
Plantation and Habitation in some fit and convenient Place, between
eight and thirty Degrees and five and forty Degrees of the said
Latitude, all alongst the said Coast of Virginia and America, as that
Coast lyeth:
III.
We, greatly commending, and graciously accepting of, their Desires
for the Furtherance of so noble a Work, which may, by the Providence
of Almighty God, hereafter tend to the Glory of his Divine Majesty,
in propagating of Christian Religion to such People, as yet live in
Darkness and miserable Ignorance of the true Knowledge and Worship of
God, and may in time bring the Infidels and Savages, living in those
Parts, to human Civility, and to a settled and quiet Government; DO,
by these our Letters Patents, graciously accept of, and agree to,
their humble and well-intended Desires;
IV.
And do therefore, for Us, our Heirs, and Successors, GRANT and agree,
that the said Sir Thomas Gates, Sir George Somers, Richard Hackluit,
and Edward-Maria Wingfield, Adventurers of and for our City of
London, and all such others, as are, or shall be, joined unto them of
that Colony, shall be called the first Colony; And they shall and may
begin their said first Plantation and Habitation, at any Place upon
the said Coast of Virginia or America, where they shall think fit and
convenient, between the said four and thirty and one and forty
Degrees of the said Latitude; And that they shall have all the Lands,
Woods, Soil, Grounds, Havens, Ports, Rivers, Mines, Minerals,
Marshes, Waters, Fishings, Commodities, and Hereditaments,
whatsoever, from the said first Seat of their Plantation and
Habitation by the Space of fifty Miles of English Statute Measure,
all along the said Coast of Virginia and America, towards the West
and South west, as the Coast lyeth, with all the Islands within one
hundred Miles directly over against the same Sea Coast; And also all
the Lands, Soil, Grounds, Havens, Ports, Rivers, Mines, Minerals,
Woods, Waters, Marshes, Fishings, Commodities, and Hereditaments,
whatsoever, from the said Place of their first Plantation and
Habitation for the space of fifty like English Miles all alongst the
said Coast of Virginia and America, towards the East and Northeast,
or towards the North, as the Coast lyeth, together with all the
Islands within one hundred Miles, directly over against the said Sea
Coast; And also all the Lands, Woods, Soil, Grounds, Havens, Ports,
Rivers, Mines, Minerals, Marshes,Waters, Fishings, Commodities, and
Hereditaments, whatsoever, from the same fifty Miles every way on the
Sea Coast, directly into the main Land by the Space of one hundred
like English Miles; And shall and may inhabit and remain there; and
shall and may also build and fortify within any the same, for their
better Safeguard and Defence, according to their best Discretion, and
the Discretion of the Council of that Colony; And that no other of
our Subjects shall be permitted, or suffered, to plant or inhabit
behind, or on the Backside of them, towards the main Land, without
the Express License or Consent of the Council of that Colony,
thereunto in Writing first had and obtained.
V.
And we do likewise, for Us, our Heirs, and Successors, by these
Presents, GRANT and agree, that the said Thomas Hanham, and Ralegh
Gilbert, William Parker, and George Popham, and all others of the
Town of Plimouth in the County of Devon, or else-where, which are, or
shall be, joined unto them of that Colony, shall be called the second
Colony; And that they shall and may begin their said Plantation and
Seat of their first Abode and Habitation, at any Place upon the said
Coast of Virginia and America, where they shall think fit and
convenient, between eight and thirty Degrees of the said Latitude,
and five and forty Degrees of the same Latitude; And that they shall
have all the Lands, Soils, Grounds, Havens, Ports, Rivers, Mines,
Minerals, Woods, Marshes, Waters, Fishings, Commodities, and
Hereditaments, whatsoever from the first Seat of their Plantation and
Habitation by the Space of fifty like English Miles as is aforesaid,
all alongst the said Coast of Virginia and America, towards the West
and Southwest, or towards the South, as the Coast lyeth, and all the
Islands within one hundred Miles, directly over against the said Sea
Coast; And also all the Lands, Soils, Grounds, Havens, Ports, Rivers,
Mines, Minerals, Woods, Marshes, Waters, Fishings, Commodities, and
Hereditaments, whatsoever, from the said Place of their first
Plantation and Habitation for the Space of fifty like Miles, all
amongst the said Coast of Virginia and America, towards the East and
Northeast, or towards the North, as the Coast lyeth, and all the
Islands also within one hundred Miles directly over against the same
Sea Coast; And also all the Lands, Soils, Grounds, Havens, Ports,
Rivers, Woods, Mines, Minerals, Marshes, Waters, Fishings,
Commodities, and Hereditaments, whatsoever, from the same fifty Miles
every way on the Sea Coast, directly into the main Land, by the Space
of one hundred like English Miles; And shall and may inhabit and
remain there; and shall and may also build and fortify within any the
same for their better Safeguard, according to their best Discretion,
and the Discretion of the Council of that Colony; And that none of
our Subjects shall be permitted, or suffered, to plant or inhabit
behind, or on the back of them, towards the main Land, without the
express License of the Council of that Colony, in Writing thereunto
first had and obtained.
VI.
Provided always, and our Will and Pleasure herein is, that the
Plantation and Habitation of such of the said Colonies, as shall last
plant themselves, as aforesaid, shall not be made within one hundred
like English Miles of the other of them, that first began to make
their Plantation, as aforesaid.
VII.
And we do also ordain, establish, and agree, for Us, our Heirs, and
Successors, that each of the said Colonies shall have a Council,
which shall govern and order all Matters and Causes, which shall
arise, grow, or happen, to or within the same several Colonies,
according to such Laws, Ordinances, and Instructions, as shall be, in
that behalf, given and signed with Our Hand or Sign Manual, and pass
under the Privy Seal of our Realm of England; Each of which Councils
shall consist of thirteen Persons, to be ordained, made, and removed,
from time to time, according as shall be directed, and comprised in
the same instructions; And shall have a several Seal, for all Matters
that shall pass or concern the same several Councils; Each of which
Seals shall have the King's Arms engraven on the one Side thereof,
and his Portraiture on the other And that the Seal for the Council of
the said first Colony shall have engraven round about, on the one
side, these Words; Sigillum Regis Magnae Britanniae, Franciae, &
Hiberniae; on the other Side this Inscription, round about; Pro
Concilio primae Coloniae Virginiae. And the seal for the Council of
the said second Colony shall also have engraven, round about the one
Side thereof, the aforesaid Words; Sigillum Regis Magnae, Britanniae,
Franciae, & Hiberniae; and on the other Side; Pro Concilio
secundae Coloniae Virginiae:
VIII.
And that also there shall be a Council established here in England,
which shall, in like Manner, consist of thirteen Persons, to be, for
that Purpose, appointed by Us, our Heirs and Successors, which shall
be called our Council of Virginia; And shall, from time to time, have
the superior Managing and Direction, only of and for all Matters,
that shall or may concern the Government, as well of the said several
Colonies, as of and for any other Part or Place, within the aforesaid
Precincts of four and thirty and five and forty Degrees,
above-mentioned; Which Council shall, in like manner, have a Seal,
for Matters concerning the Council of Colonies, with the like Arms
and Portraiture, as aforesaid, with this Inscription, engraven round
about on the one Side; Sigillum Regis Magnae Britanniae, Franciae, &
Hiberniae; and round about the other side, Pro Concilio suo
Virginiae.
IX.
And moreover, we do GRANT and agree, for Us, our Heirs and
Successors, that the said several Councils, of and for the said
several Colonies, shall and lawfully may, by Virtue hereof, from time
to time, without any Interruption of Us, our Heirs, or Successors,
give and take Order, to dig, mine, and search for all Manner of Mines
of Gold, Silver, and Copper, as well within any part of their said
several Colonies, as for the said main Lands on the Back-side of the
same Colonies; And to Have and enjoy the Gold, Silver, and Copper, to
be gotten thereof, to the Use and Behoof of the same Colonies, and
the Plantations thereof; YIELDING therefore, to Us, our Heirs and
Successors, the fifth Part only of all the same Gold and Silver, and
the fifteenth Part of all the same Copper, so to be gotten or had, as
is aforesaid, without any other Manner or Profit or Account, to be
given or yielded to Us, our Heirs, or Successors, for or in Respect
of the same:
X.
And that they shall, or lawfully may, establish and cause to be made
a Coin, to pass current there between the People of those several
Colonies, for the more Ease of Traffick and Bargaining between and
amongst them and the Natives there, of such Metal, and in such Manner
and Form, as the said several Councils there shall limit and appoint.
XI.
And we do likewise, for Us, our Heirs, and Successors, by these
Presents, give full Power and Authority to the said Sir Thomas Gates,
Sir George Somers, Richard Hackluit, Edward-Maria Wingfield, Thomas
Hanham, Ralegh Gilbert, William Parker, and George Popham, and to
every of them, and to the said several Companies, Plantations, and
Colonies, that they, and every of them, shall and may, at all and
every time and times hereafter, have, take, and lead in the said
Voyage, and for and towards the said several Plantations and
Colonies, and to travel thitherward, and to abide and inhabit there,
in every the said Colonies and Plantations, such and so many of our
Subjects, as shall willingly accompany them, or any of them, in the
said Voyages and Plantations; With sufficient Shipping and Furniture
of Armour, Weapons, Ordinance, Powder, Victual, and all other things,
necessary for the said Plantations, and for their Use and Defence
there: PROVIDED always, that none of the said Persons be such, as
shall hereafter be specially restrained by Us, our Heirs, or
Successors.
XII.
Moreover, we do, by these Presents, for Us, our Heirs, and
Successors, GIVE AND GRANT License unto the said Sir Thomas Gates,
Sir George Somers, Richard Hackluit, Edward-Maria Wingfield, Thomas
Hanham, Ralegh Gilbert, William Parker, and George Popham, and to
every of the said Colonies, that they, and every of them, shall and
may, from time to time, and at all times for ever hereafter, for
their several Defences, encounter, expulse, repel, and resist, as
well by Sea as by Land, by all Ways and Means whatsoever, all and
every such Person and Persons, as without the especial License of the
said several Colonies and Plantations, shall attempt to inhabit
within the said several Precincts and Limits of the said several
Colonies and Plantations, or any of them, or that shall enterprise or
attempt, at any time hereafter, the Hurt, Detriment, or Annoyance, of
the said several Colonies or Plantations.
XIII.
Giving and granting, by these Presents, unto the said Sir Thomas
Gates, Sir George Somers, Richard Hackluit, Edward-Maria Wingfield,
and their Associates of the said first Colony, and unto the said
Thomas Hanham, Ralegh Gilbert, William Parker, and George Popham, and
their Associates of the said second Colony, and to every of them,
from time to time, and at all times for ever hereafter, Power and
Authority to take and surprise, by all Ways and Means whatsoever, all
and every Person and Persons, with their Ships, Vessels, Goods and
other Furniture, which shall be found trafficking, into any Harbour
or Harbours, Creek or Creeks, or Place, within the Limits or
Precincts of the said several Colonies and Plantations, not being of
the same Colony, until such time, as they, being of any Realms or
Dominions under our Obedience, shall pay, or agree to pay, to the
Hands of the Treasurer of that Colony, within whose Limits and
Precincts they shall so traffick, two and a half upon every Hundred,
of any thing, so by them trafficked, bought, or sold; And being
Strangers, and not Subjects under our Obeysance, until they shall pay
five upon every Hundred, of such Wares and Merchandise, as they shall
traffick, buy, or sell, within the Precincts of the said several
Colonies, wherein they shall so traffick, buy, or sell, as aforesaid,
WHICH Sums of Money, or Benefit, as aforesaid, for and during the
Space of one and twenty Years, next ensuing the Date hereof, shall be
wholly emploied to the Use, Benefit, and Behoof of the said several
Plantations, where such Traffick shall be made; And after the said
one and twenty Years ended, the same shall be taken to the Use of Us,
our Heirs, and Successors, by such Officers and Ministers, as by Us,
our Heirs, and Successors, shall be thereunto assigned or appointed.
XIV.
And we do further, by these Presents, for Us, our Heirs, and
Successors, GIVE AND GRANT unto the said Sir Thomas Gates, Sir George
Somers, Richard Hackluit, and Edward-Maria Wingfield, and to their
Associates of the said first Colony and Plantation, and to the said
Thomas Hanham, Ralegh Gilbert, William Parker, and George Popham, and
their Associates of the said second Colony and Plantation, that they,
and every of them, by their Deputies, Ministers and Factors, may
transport the Goods, Chattels, Armour, Munition, and Furniture,
needful to be used by them, for their said Apparel, Food, Defence, or
otherwise in Respect of the said Plantations, out of our Realms of
England and Ireland, and all other our Dominions, from time to time,
for and during the Time of seven Years, next ensuing the Date hereof,
for the better Relief of the said several Colonies and Plantations,
without any Custom, Subsidy, or other Duty, unto Us, our Heirs, or
Successors, to be yielded or paid for the same.
XV.
Also we do, for Us, our Heirs, and Successors, DECLARE, by these
Presents, that all and every the Persons, being our Subjects, which
shall dwell and inhabit within every or any of the said several
Colonies and Plantations, and every of their children, which shall
happen to be born within any of the Limits and Precincts of the said
several Colonies and Plantations, shall HAVE and enjoy all Liberties,
Franchises, and Immunities, within any of our other Dominions, to all
Intents and Purposes, as if they had been abiding and born, within
this our Realm of England, or any other of our said Dominions.
XVI.
Moreover, our gracious Will and Pleasure is, and we do, by these
Presents, for Us, our Heirs, and Successors, declare and set forth,
that if any Person or Persons, which shall be of any of the said
Colonies and Plantations, or any other, which shall traffick to the
said Colonies and Plantations, or any of them, shall, at any time or
times hereafter, transport any Wares, Merchandises, or Commodities,
out of any of our Dominions, with a Pretence to land, sell, or
otherwise dispose of the same, within any the Limits and Precincts of
any the said Colonies and Plantations, and yet nevertheless, being at
Sea, or after he hath landed the same within any of the said Colonies
and Plantations, shall carry the same into any other Foreign Country,
with a Purpose there to sell or dispose of the same, without the
License of Us, our Heirs, and Successors, in that Behalf first had
and obtained; That then, all the Goods and Chattels of such Person or
Persons, so offending and transporting, together with the said Ship
or Vessel, wherein such Transportation was made, shall be forfeited
to Us, our Heirs, and Successors.
XVII.
Provided always, and our Will and Pleasure is, and we do hereby
declare to all Christian Kings, Princes, and States, that if any
Person or Persons, which shall hereafter be of any of the said
several Colonies and Plantations, or any other, by his, their or any
of their License and Appointment, shall, at any time or times
hereafter, rob or spoil, by Sea or by Land, or do any Act of unjust
and unlawful Hostility, to any the Subjects of Us, our Heirs, or
Successors, or any the Subjects of any King, Prince, Ruler, Governor,
or State, being then in League or Amity with Us, our Heirs, or
Successors, and that upon such Injury, or upon just Complaint of such
Prince, Ruler, Governor, or State, or their Subjects, We, our Heirs,
or Successors, shall make open Proclamation, within any of the Ports
of our Realm of England, commodious for that Purpose, That the said
Person or Persons, having committed any such Robbery or Spoil, shall,
within the Term to be limited by such Proclamations make full
Restitution or Satisfaction of all such Injuries done, so as the said
Princes, or others, so complaining, may hold themselves fully
satisfied and contented; And that, if the said Person or Persons,
having committed such Robbery or Spoil, shall not make, or cause to
be made, Satisfaction accordingly, within such Time so to be limited,
That then it shall be lawful to Us, our Heirs, and Successors, to put
the said Person or Persons, having committed such Robbery or Spoil,
and their Procurers, Abetters, or Comforters, out of our Allegiance
and Protection; And that it shall be lawful and free, for all Princes
and others, to pursue with Hostility the said Offenders, and every of
them, and their and every of their Procurers, Aiders, Abetters, and
Comforters, in that Behalf.
XVIII.
And finally, we do, for Us, our Heirs, and Successors, GRANT and
agree, to and with the said Sir Thomas Gates, Sir George Somers,
Richard Hackluit, and Edward-Maria Wingfield, and all others of the
said first Colony, that We, our Heirs, and Successors, upon Petition
in that Behalf to be made, shall, by Letters-patent under the Great
Seal of England, GIVE and GRANT unto such Persons, their Heirs, and
Assigns, as the Council of that Colony, or the most Part of them,
shall, for that Purpose nominate and assign, all the Lands,
Tenements, and Hereditaments, which shall be within the Precincts
limited for that Colony, as is aforesaid, TO BE HOLDEN OF US, our
Heirs, and Successors, as of our Manor at East-Greenwich in the
County of Kent, in free and common Soccage only, and not in Capite:
XIX.
And do, in like Manner, Grant and Agree, for Us, our Heirs, and
Successors, to and with the said Thomas Hanham, Ralegh Gilbert,
William Parker, and George Popham, and all others of the said second
Colony, That We, our Heirs, and Successors, upon Petition in that
Behalf to be made, shall, by Letters-patent under the Great Seal of
England, GIVE and GRANT unto such Persons, their Heirs, and Assigns,
as the Council of that Colony, or the most Part of them, shall, for
that Purpose, nominate and assign, all the Lands, Tenements, and
Hereditaments, which shall be within the Precincts limited for that
Colony, as is aforesaid TO BE HOLDEN OF US, our Heirs, and
Successors, as of our Manour of East-Greenwich in the County of Kent,
in free and common Soccage only, and not in Capite.
XX.
All which Lands, Tenements, and Hereditaments, so to be passed by the
said several Letters-patent, shall be sufficient Assurance from the
said Patentees, so distributed and divided amongst the Undertakers
for the Plantation of the said several Colonies, and such as shall
make their Plantations in either of the said several Colonies, in
such Manner and Form, and for such Estates, as shall be ordered and
set down by the Council of the said Colony, or the most Part of them,
respectively, within which the same Lands, Tenements, and
Hereditaments shall lye or be; Although express Mention of the true
yearly Value or Certainty of the Premises, or any of them, or of any
other Gifts or Grants, by Us or any of our Progenitors or
Predecessors, to the aforesaid Sir Thomas Gates, Knt. Sir George
Somers, Knt. Richard Hackluit, Edward-Maria Wingfield, Thomas Hanham,
Ralegh Gilbert, William Parker, and George Popham, or any of them,
heretofore made, in these Presents, is not made; Or any Statute, Act,
Ordinance, or Provision, Proclamation, or Restraint, to the contrary
hereof had, made, ordained, or any other Thing, Cause, or Matter
whatsoever, in any wise notwithstanding. In Witness whereof we have
caused these our Letters to be made Patents; Witness Ourself at
Westminster, the tenth Day of April, in the fourth Year of our Reign
of England, France, and Ireland, and of Scotland the nine and
thirtieth.
Footnote
2
THE
PARIS PEACE TREATY (PEACE TREATY of 1783):
In
the name of the most holy and undivided Trinity.
It
having pleased the Divine Providence to dispose the hearts of the
most serene and most potent Prince George the Third, by the grace of
God, king of Great Britain, France, and Ireland, defender of the
faith, duke of Brunswick and Lunebourg, arch-treasurer and prince
elector of the Holy Roman Empire etc., and of the United States of
America, to forget all past misunderstandings and differences that
have unhappily interrupted the good correspondence and friendship
which they mutually wish to restore, and to establish such a
beneficial and satisfactory intercourse, between the two countries
upon the ground of reciprocal advantages and mutual convenience as
may promote and secure to both perpetual peace and harmony; and
having for this desirable end already laid the foundation of peace
and reconciliation by the Provisional Articles signed at Paris on the
30th of November 1782, by the commissioners empowered on each part,
which articles were agreed to be inserted in and constitute the
Treaty of Peace proposed to be concluded between the Crown of Great
Britain and the said United States, but which Treaty was not to be
concluded until terms of peace should be agreed upon between Great
Britain and France and his Britannic Majesty should be ready to
conclude such Treaty accordingly; and the Treaty between Great
Britain and France having since been concluded, his Britannic Majesty
and the United States of America, in order to carry into full effect
the Provisional Articles above mentioned, according to the tenor
thereof, have constituted and appointed, that is to say his Britannic
Majesty on his part, David Hartley, Esqr., member of the Parliament
of Great Britain, and the said United States on their part, John
Adams, Esqr., late a commissioner of the United States of America at
the court of Versailles, late delegate in Congress from the state of
Massachusetts, and chief justice of the said state, and minister
plenipotentiary of the said United States to their high mightinesses
the States General of the United Netherlands; Benjamin Franklin,
Esqr., late delegate in Congress from the state of Pennsylvania,
president of the convention of the said state, and minister
plenipotentiary from the United States of America at the court of
Versailles; John Jay, Esqr., late president of Congress and chief
justice of the state of New York, and minister plenipotentiary from
the said United States at the court of Madrid; to be
plenipotentiaries for the concluding and signing the present
definitive Treaty; who after having reciprocally communicated their
respective full powers have agreed upon and confirmed the following
articles.
Article
1:
His
Brittanic Majesty acknowledges the said United States, viz., New
Hampshire, Massachusetts Bay, Rhode Island and Providence
Plantations, Connecticut, New York, New Jersey, Pennsylvania,
Maryland, Virginia, North Carolina, South Carolina and Georgia, to be
free sovereign and independent states, that he treats with them as
such, and for himself, his heirs, and successors, relinquishes all
claims to the government, propriety, and territorial rights of the
same and every part thereof.
Article
2:
And
that all disputes which might arise in future on the subject of the
boundaries of the said United States may be prevented, it is hereby
agreed and declared, that the following are and shall be their
boundaries, viz.; from the northwest angle of Nova Scotia, viz., that
nagle which is formed by a line drawn due north from the source of
St. Croix River to the highlands; along the said highlands which
divide those rivers that empty themselves into the river St.
Lawrence, from those which fall into the Atlantic Ocean, to the
northwesternmost head of Connecticut River; thence down along the
middle of that river to the forty-fifth degree of north latitude;
from thence by a line due west on said latitude until it strikes the
river Iroquois or Cataraquy; thence along the middle of said river
into Lake Ontario; through the middle of said lake until it strikes
the communication by water between that lake and Lake Erie; thence
along the middle of said communication into Lake Erie, through the
middle of said lake until it arrives at the water communication
between that lake and Lake Huron; thence along the middle of said
water communication into Lake Huron, thence through the middle of
said lake to the water communication between that lake and Lake
Superior; thence through Lake Superior northward of the Isles Royal
and Phelipeaux to the Long Lake; thence through the middle of said
Long Lake and the water communication between it and the Lake of the
Woods, to the said Lake of the Woods; thence through the said lake to
the most northwesternmost point thereof, and from thence on a due
west course to the river Mississippi; thence by a line to be drawn
along the middle of the said river Mississippi until it shall
intersect the northernmost part of the thirty-first degree of north
latitude, South, by a line to be drawn due east from the
determination of the line last mentioned in the latitude of
thirty-one degrees of the equator, to the middle of the river
Apalachicola or Catahouche; thence along the middle thereof to its
junction with the Flint River, thence straight to the head of Saint
Mary's River; and thence down along the middle of Saint Mary's River
to the Atlantic Ocean; east, by a line to be drawn along the middle
of the river Saint Croix, from its mouth in the Bay of Fundy to its
source, and from its source directly north to the aforesaid highlands
which divide the rivers that fall into the Atlantic Ocean from those
which fall into the river Saint Lawrence; comprehending all islands
within twenty leagues of any part of the shores of the United States,
and lying between lines to be drawn due east from the points where
the aforesaid boundaries between Nova Scotia on the one part and East
Florida on the other shall, respectively, touch the Bay of Fundy and
the Atlantic Ocean, excepting such islands as now are or heretofore
have been within the limits of the said province of Nova Scotia.
Article
3:
It
is agreed that the people of the United States shall continue to
enjoy unmolested the right to take fish of every kind on the Grand
Bank and on all the other banks of Newfoundland, also in the Gulf of
Saint Lawrence and at all other places in the sea, where the
inhabitants of both countries used at any time heretofore to fish.
And also that the inhabitants of the United States shall have liberty
to take fish of every kind on such part of the coast of Newfoundland
as British fishermen shall use, (but not to dry or cure the same on
that island) and also on the coasts, bays and creeks of all other of
his Brittanic Majesty's dominions in America; and that the American
fishermen shall have liberty to dry and cure fish in any of the
unsettled bays, harbors, and creeks of Nova Scotia, Magdalen Islands,
and Labrador, so long as the same shall remain unsettled, but so soon
as the same or either of them shall be settled, it shall not be
lawful for the said fishermen to dry or cure fish at such settlement
without a previous agreement for that purpose with the inhabitants,
proprietors, or possessors of the ground.
Article
4:
It
is agreed that creditors on either side shall meet with no lawful
impediment to the recovery of the full value in sterling money of all
bona fide debts heretofore contracted.
Article
5:
It
is agreed that Congress shall earnestly recommend it to the
legislatures of the respective states to provide for the restitution
of all estates, rights, and properties, which have been confiscated
belonging to real British subjects; and also of the estates, rights,
and properties of persons resident in districts in the possession on
his Majesty's arms and who have not borne arms against the said
United States. And that persons of any other description shall have
free liberty to go to any part or parts of any of the thirteen United
States and therein to remain twelve months unmolested in their
endeavors to obtain the restitution of such of their estates, rights,
and properties as may have been confiscated; and that Congress shall
also earnestly recommend to the several states a reconsideration and
revision of all acts or laws regarding the premises, so as to render
the said laws or acts perfectly consistent not only with justice and
equity but with that spirit of conciliation which on the return of
the blessings of peace should universally prevail. And that Congress
shall also earnestly recommend to the several states that the
estates, rights, and properties, of such last mentioned persons shall
be restored to them, they refunding to any persons who may be now in
possession the bona fide price (where any has been given) which such
persons may have paid on purchasing any of the said lands, rights, or
properties since the confiscation.
And
it is agreed that all persons who have any interest in confiscated
lands, either by debts, marriage settlements, or otherwise, shall
meet with no lawful impediment in the prosecution of their just
rights.
Article
6:
That
there shall be no future confiscations made nor any prosecutions
commenced against any person or persons for, or by reason of, the
part which he or they may have taken in the present war, and that no
person shall on that account suffer any future loss or damage, either
in his person, liberty, or property; and that those who may be in
confinement on such charges at the time of the ratification of the
Treaty in America shall be immediately set at liberty, and the
prosecutions so commenced be discontinued.
Article
7:
There
shall be a firm and perpetual peace between his Brittanic Majesty and
the said states, and between the subjects of the one and the citizens
of the other, wherefore all hostilities both by sea and land shall
from henceforth cease. All prisoners on both sides shall be set at
liberty, and his Brittanic Majesty shall with all convenient speed,
and without causing any destruction, or carrying away any Negroes or
other property of the American inhabitants, withdraw all his armies,
garrisons, and fleets from the said United States, and from every
post, place, and harbor within the same; leaving in all
fortifications, the American artilery that may be therein; and shall
also order and cause all archives, records, deeds, and papers
belonging to any of the said states, or their citizens, which in the
course of the war may have fallen into the hands of his officers, to
be forthwith restored and delivered to the proper states and persons
to whom they belong.
Article
8:
The
navigation of the river Mississippi, from its source to the ocean,
shall forever remain free and open to the subjects of Great Britain
and the citizens of the United States.
Article
9:
In
case it should so happen that any place or territory belonging to
Great Britain or to the United States should have been conquered by
the arms of either from the other before the arrival of the said
Provisional Articles in America, it is agreed that the same shall be
restored without difficulty and without requiring any compensation.
Article
10:
The
solemn ratifications of the present Treaty expedited in good and due
form shall be exchanged between the contracting parties in the space
of six months or sooner, if possible, to be computed from the day of
the signatures of the present Treaty. In witness whereof we the
undersigned, their ministers plenipotentiary, have in their name and
in virtue of our full powers, signed with our hands the present
definitive Treaty and caused the seals of our arms to be affixed
thereto.
Done
at Paris, this third day of September in the year of our Lord, one
thousand seven hundred and eighty-three.
D.
HARTLEY (SEAL)
JOHN
ADAMS (SEAL)
B.
FRANKLIN (SEAL)
JOHN
JAY (SEAL)
Source:
United States, Department of State, "Treaties and Other
International Agreements of the United States of America, 1776-1949",
vol 12, pp8-12
Footnote
3
ARTICLES
OF CAPITULATION (1781)
Settled
between his Excellency General Washington, Commander-in-Chief of the
combined Forces of America and France; his Excellency the Count de
Rochambeau, Lieutenant-General of the Armies of the King of France,
Great Cross of the royal and military Order of St. Louis, commanding
the auxiliary troops of his Most Christian Majesty in America; and
his Excellency the Count de Grasse, Lieutenant-General of the Naval
Armies of his Most Christian Majesty, Commander of the Order of St.
Louis, Commander-in-Chief of the Naval Army of France in the
Chesapeake, on the one Part; and the Right Honorable Earl Cornwallis,
Lieutenant-General of his Britannic Majesty's Forces, commanding the
Garrisons of York and Gloucester; and Thomas Symonds, Esquire,
commanding his Britannic Majesty's Naval Forces in York River in
Virginia, on the other Part.
Article
I. The garrisons of York and Gloucester, including the officers and
seamen of his Britannic Majesty's ships, as well as other mariners,
to surrender themselves prisoners of war to the combined forces of
America and France. The land troops to remain prisoners to the United
States, the navy to the naval army of his Most Christian Majesty.
Article
II. The artillery, arms, accoutrements, military chest, and public
stores of every denomination, shall be delivered unimpaired to the
heads of departments appointed to receive them.
Article
III. At twelve o'clock this day the two redoubts on the left flank of
York to be delivered, the one to a detachment of American infantry,
the other to a detachment of French grenadiers. The garrison of York
will march out to a place to be appointed in front of the posts, at
two o'clock precisely, with shouldered arms, colors cased, and drums
beating a British or German march. They are then to ground their
arms, and return to their encampments, where they will remain until
they are despatched to the places of their destination. Two works on
the Gloucester side will be delivered at one o'clock to a detachment
of French and American troops appointed to possess them. The garrison
will march out at three o'clock in the afternoon; the cavalry with
their swords drawn, trumpets sounding, and the infantry in the manner
prescribed for the garrison of York. They are likewise to return to
their encampments until they can be finally marched off.
Article
IV. Officers are to retain their side-arms. Both officers and
soldiers to keep their private property of every kind; and no part of
their baggage or papers to be at any time subject to search or
inspection. The baggage and papers of officers and soldiers taken
during the siege to be likewise preserved for them. It is understood
that any property obviously belonging to the inhabitants of these
States, in the possession of the garrison, shall be subject to be
reclaimed.
Article
V. The soldiers to be kept in Virginia, Maryland, or Pennsylvania,
and as much by regiments as possible, and supplied with the same
rations of provisions as are allowed to soldiers in the service of
America. A field-officer from each nation, to wit, British, Anspach,
and Hessian, and other officers on parole, in the proportion of one
to fifty men to be allowed to reside near their respective regiments,
to visit them frequently, and be witnesses of their treatment; and
that their officers may receive and deliver clothing and other
necessaries for them, for which passports are to be granted when
applied for.
Article
VI. The general, staff, and other officers not employed as mentioned
in the above articles, and who choose it, to be permitted to go on
parole to Europe, to New York, or to any other American maritime
posts at present in the possession of the British forces, at their
own option; and proper vessels to be granted by the Count de Grasse
to carry them under flags of truce to New York within ten days from
this date, if possible, and they to reside in a district to be agreed
upon hereafter, until they embark. The officers of the civil
department of the army and navy to be included in this article.
Passports to go by land to be granted to those to whom vessels cannot
be furnished.
Article
VII. Officers to be allowed to keep soldiers as servants, according
to the common practice of the service. Servants not soldiers are not
to be considered as prisoners, and are to be allowed to attend their
masters.
Article
VIII. The Bonetta sloop-of-war to be equipped, and navigated by its
present captain and crew, and left entirely at the disposal of Lord
Cornwallis from the hour that the capitulation is signed, to receive
an aid-de-camp to carry despatches to Sir Henry Clinton; and such
soldiers as he may think proper to send to New York, to be permitted
to sail without examination. When his despatches are ready, his
Lordship engages on his part, that the ship shall be delivered to the
order of the Count de Grasse, if she escapes the dangers of the sea.
That she shall not carry off any public stores. Any part of the crew
that may be deficient on her return, and the soldiers passengers, to
be accounted for on her delivery.
Article
X. The traders are to preserve their property, and to be allowed
three months to dispose of or remove them; and those traders are not
to be considered as prisoners of war. The traders will be allowed to
dispose of their effects, the allied army having the right of
preemption. The traders to be considered as prisoners of war upon
parole.
Article
X. Natives or inhabitants of different parts of this country, at
present in York or Gloucester, are not to be punished on account of
having joined the British army. This article cannot be assented to,
being altogether of civil resort.
Article
XI. Proper hospitals to be furnished for the sick and wounded. They
are to be attended by their own surgeons on parole; and they are to
be furnished with medicines and stores from the American hospitals.
The hospital stores now at York and Gloucester shall be delivered for
the use of the British sick and wounded. Passports will be granted
for procuring them further supplies from New York, as occasion may
require; and proper hospitals will be furnished for the reception of
the sick and wounded of the two garrisons.
Article
XII. Wagons to be furnished to carry the baggage of the officers
attending the soldiers, and to surgeons when travelling on account of
the sick, attending the hospitals at public expense. They are to be
furnished if possible.
Article
XIII. The shipping and boats in the two harbours, with all their
stores, guns, tackling, and apparel, shall be delivered up in their
present state to an officer of the navy appointed to take possession
of them, previously unloading the private property, part of which had
been on board for security during the siege.
Article
XIV. No article of capitulation to be infringed on pretence of
reprisals; and if there be any doubtful expressions in it, they are
to be interpreted according to the common meaning and acceptation of
the words.
Done
at Yorktown, in Virginia, October 19th, 178l.
Cornwallis,
Thomas Symonds.
Done
in the Trenches before Yorktown, in Virginia, October 19th, 1781.
George
Washington, Le Comte de Rochambeau,
Le
Comte de Barras, En mon nom & celui du Comte de Grasse.
Footnote
4
Though
the debate on this subject was continued till two o'clock in the
morning, and though the opposition received additional strength, yet
the question was not carried. The same ground of argument was soon
gone over again, and the American war underwent, for the fourth time
since the beginning of the session, a full discussion; but no
resolution, disapproving its farther prosecution, could yet obtain
the assent of a majority of the members. The advocates for peace
becoming daily more numerous, it was moved by Gen. Conway that "a
humble address be presented to his Majesty, that he will be pleased
to give directions to his ministers not to pursue any longer the
impracticable object of reducing his Majesty's revolted colonies by
force to their allegiance, by a war on the continent of America."
This brought forth a repetition of the former arguments on the
subject, and engaged the attention of the house till two o'clock in
the morning. On a division, the motion for the address was lost by a
single vote...
The
ministry as well as the nation began to be sensible of the impolicy
of continental operations, but hoped that they might gain their
point, by prosecuting hostilities at sea. Every opposition was
therefore made by them against the total dereliction (i.e.,
abandonment) of a war, on the success of which they had so repeatedly
pledged themselves, and on the continuance of which they held their
places. General Conway in five days after (Feb. 27), brought forward
another motion expressed in different words, but to the same effect
with that which he had lost be a single vote. This caused a long
debate which lasted till two o'clock in the morning. It was then
moved to adjourn the debate till the 13th of March. There appeared
for the adjournment 215 and against it 234. The original motion, and
an address to the King formed upon the resolution were then carried
without division, and the address was ordered to be presented by the
whole house. To this his majesty answered, "that in pursuance of
their advice, he would take such measures as should appear to him the
most conducive to the restoration of harmony, between Great Britain
and the revolted colonies." The thanks of the house were voted
for this answer. But the guarded language thereof, not inconsistent
with farther hostilities against America; together with other
suspicious circumstances, induced General Conway to move another
resolution, expressed in the most decisive language. This was to the
following effect that, "The house would consider as enemies to
his majesty and the country, all those who should advise or by any
means attempt the further prosecution of offensive war, on the
continent of North America, for the purpose of reducing the colonies
to obedience by force." This motion after a feeble opposition
was carried without a division, and put a period to all that
chicanery by which ministers meant to distinguish between a
prosecution of offensive war in North America, and a total
dereliction of it. This resolution and the preceding address, to
which it had reference, may be considered as the closing scene of the
American war (emphasis added).
The
History of the American Revolution, Vol. 2, Ramsay, 617-9.
Footnote
5
The
Jay Treaty
Treaty
of Amity Commerce and Navigation Concluded November 19, 1794;
ratification advised by the senate with amendment June 24, 1795;
ratified by the President; ratifications exchanged October 28, 1795;
proclaimed February 29, 1796.
I.
Amity. Discrimination on vessels, imports, etc.
II.
Withdrawal of forces; vessels, imports, etc. Consuls.
III.
Commerce and navigation; duties. Capture or detention of neutrals
IV.
Survey of the Mississippi. Contraband.
V.
St. Croix River XIX. Officers passengers
VI.
Indemnification by on neutrals. United States. XX. Pirates.
VII.
Indemnification by Great XXI. Commission from foreign Britain states.
VIII.
Expenses. XXII. Reprisals.
IX.
Land tenures. XXIII. Ships of war.
X.
Private debts, etc. XXIV. Foreign privateers.
XI.
Liberty of navigation XXV. Prizes. and commerce.
XXVI.
Reciprocal treatment
XII.
West India trade; duties. of citizens in war.
XIII.
East India trade; duties. XXVII. Extradition.
XIV.
Commerce and Navigation. XXVIII. Limitation of Article XII:
ratification.
His
Britannic Majesty and the United States of America, being desirous,
by a Treaty of amity, commerce and navigation, to terminate their
difference in such a manner, as, without reference to the merits of
their respective complaints and pretentions, may be the best
calculated to produce mutual satisfaction and good understanding; and
also to regulate the commerce and navigation between their respective
countries, territories and people, in such a manner as to render the
same reciprocally beneficial and satisfactory; they have,
respectively, named their Plenipotentiaries, and given them full
powers to treat of, and conclude the said Treaty, that is to say:
His
Britannic Majesty has named for his Plenipotentiary, the Right
Honorable William Wyndham Baron Grenville of Wotton, one of His
Majesty's Privy Council, and His Majesty's Principal Secretary of
State for Foreign Affairs; and the President of the said United
States, by and with the advice and consent of the Senate thereof,
hath appointed for their Plenipotentiary, the Honorable John Jay,
Chief Justice of the said United States, and their Envoy
Extraordinary to His Majesty;
Who
have agreed on and concluded the following articles:
ARTICLE
I.
There
shall be a firm, inviolable and universal peace, and a true and
sincere friendship between His Britannic Majesty, his heirs and
successors, and the United States of America; and between their
respective countries, territories, cities, towns and people of every
degree, without exception of persons or places.
ARTICLE
II.
His
Majesty will withdraw all his troops and garrisons from all posts and
places within the boundary lines assigned by the Treaty of peace to
the United States. This evacuation shall take place on or before the
first day of June, one thousand seven hundred and ninety six, and all
the proper measures shall in the interval be taken by concert between
the Government of the United States and His Majesty's
Governor-General in America for settling the previous arrangements
which may be necessary respecting the delivery of the said posts: The
United States in the mean time, at their discretion, extending their
settlements to any part within the said boundary line, except within
the precincts or jurisdiction of any of the said posts. All settlers
and traders, within the precincts or jurisdiction of the said posts,
shall continue to enjoy, unmolested, all their property of every
kind, and shall be protected therein. They shall be at full liberty
to remain there, or to remove with all or any part of their effects;
and it shall also be free to them to sell their lands, houses or
effects, or to retain the property thereof, at their discretion; such
of them as shall continue to reside within the said boundary lines,
shall not be compelled to become citizens of the United States, or to
take any oath of allegiance to the Government thereof; but they shall
be at full liberty so to do if they think proper, and they shall make
and declare their election within one year after the evacuation
aforesaid. And all persons who shall continue there after the
expiration of the said year, without having declared their intention
of remaining subjects of His Britannic Majesty, shall be considered
as having elected to become citizens of the United States.
ARTICLE
III.
It
is agreed that it shall at all times be free to His Majesty's
subjects, and to the citizens of the United States, and also to the
Indians dwelling on either side of the said boundary line, freely to
pass and repass by land or inland navigation, into the respective
territories and countries of the two parties, on the continent of
America, (the country within the limits of the Hudson's Bay Company
only excepted.) and to navigate all the lakes, rivers and waters
thereof, and freely to carry on trade and commerce with each other.
But it is understood that this article does not extend to the
admission of vessels of the United States into the seaports,
harbours, bays or creeks of His Majesty's said territories; nor into
such parts of the rivers in His Majesty's said territories as are
between the mouth thereof, and the highest port of entry from the
sea, except in small vessels trading bona fide between Montreal and
Quebec, under such regulations as shall be established to prevent the
possibility of any frauds in this respect. Nor to the admission of
British vessels from the sea into the rivers of the United States,
beyond the highest ports of entry for foreign vessels from the sea.
The river Mississippi shall, however, according to the Treaty of
peace, be entirely open to both parties; and it is further agreed,
that all the ports and places on its eastern side, to whichsoever of
the parties belonging, may freely be resorted to and used by both
parties, in as ample a manner as any of the Atlantic ports or places
of the United States, or any of the ports or places of His Majesty in
Great Britain.
All
goods and merchandize whose importation into His Majesty's said
territories in America shall not be entirely prohibited, may freely,
for the purposes of commerce, be carried into the same in the manner
aforesaid, by the citizens of the United States, and such goods and
merchandize shall be subject to no higher or other duties than would
be payable by His Majesty's subjects on the importation of the same
from Europe into the said territories. And in like manner all goods
and merchandize whose importation into the United States shall not be
wholly prohibited, may freely, for the purposes of commerce, be
carried into the same, in the manner aforesaid, by His Majesty's
subjects, and such goods and merchandize shall be subject to no
higher or other duties than would be payable by the citizens of the
United States on the importation of the same in American vessels into
the Atlantic ports of the said States. And all goods not prohibited
to be exported from the said territories respectively, may in like
manner be carried out of the same by the two parties respectively,
paying duty as aforesaid.
No
duty of entry shall ever be levied by either party on peltries
brought by land or inland navigation into the said territories
respectively, nor shall the Indians passing or repassing with their
own proper goods and effects of whatever nature, pay for the same any
impost or duty whatever. But goods in bales, or other large packages,
unusual among Indians, shall not be considered as goods belonging
bona fide to Indians.
No
higher or other tolls or rates of ferriage than what are or shall be
payable by natives, shall be demanded on either side; and no duties
shall be payable on any goods which shall merely be carried over any
of the portages or carrying places on either side, for the purpose of
being immediately reembarked and carried to some other place or
places. But as by this stipulation it is only meant to secure to each
party a free passage across the portages on both sides, it is agreed
that this exemption from duty shall extend only to such goods as are
carried in the usual and direct road across the portage, and are not
attempted to be in any manner sold or exchanged during their passage
across the same, and proper regulations may be established to prevent
the possibility of any frauds in this respect.
As
this article is intended to render in a great degree the local
advantages of each party common to both, and thereby to promote a
disposition favorable to friendship and good neighborhood, it is
agreed that the respective Governments will mutually promote this
amicable intercourse, by causing speedy and impartial justice to be
done, and necessary protection to be extended to all who may be
concerned therein.
ARTICLE
IV.
Whereas
it is uncertain whether the river Mississippi extends so far to the
northward as to be intersected by a line to be drawn due west from
the Lake of the Woods, in the manner mentioned in the Treaty of peace
between His Majesty and the United States: it is agreed that measures
shall be taken in concert between His Majesty's Government in America
and the Government of the United States, for making a joint survey of
the said river from one degree of latitude below the falls of St.
Anthony, to the principal source or sources of the said river, and
also of the parts adjacent thereto; and that if, on the result of
such survey, it should appear that the said river would not be
intersected by such a line as is above mentioned, the two parties
will thereupon proceed, by amicable negotiation, to regulate the
boundary line in that quarter, as well as all other points to be
adjusted between the said parties, according to justice and mutual
convenience, and in conformity to the intent of the said Treaty.
ARTICLE
V.
Whereas
doubts have arisen what river was truly intended under the name of
the river St. Croix, mentioned in the said Treaty of peace, and
forming a part of the boundary therein described; that question shall
be referred to the final decision of commissioners to be appointed in
the following manner. viz.: One commissioner shall be named by His
Majesty, and one by the President of the United States, by and with
the advice and consent of the Senate thereof, and the said two
commissioners shall agree on the choice of a third; or if they cannot
so agree, they shall each propose one person, and of the two names so
proposed, one shall be drawn by lot in the presence of the two
original Commissioners.
And
the three Commissioners so appointed shall be sworn, impartially to
examine and decide the said question, according to such evidence as
shall respectively be laid before them on the part of the British
Government and of the United States. The said Commissioners shall
meet at Halifax, and shall have power to adjourn to such other place
or places as they shall think fit. They shall have power to appoint a
Secretary, and to employ such surveyors or other persons as they
shall judge necessary. The said Commissioners shall, by a
declaration, under their hands and seals, decide what river is the
river St. Croix, intended by the Treaty. The said declaration shall
contain a description of the said river, and shall particularize the
latitude and longitude of its mouth and of its source. Duplicates of
this declaration and of the statements of their accounts, and of the
journal of their proceedings, shall be delivered by them to the agent
of His Majesty, and to the agent of the United States, who may be
respectively appointed and authorized to manage the business on
behalf of the respective Governments.
And
both parties agree to consider such decision as final and conclusive,
so as that the same shall never thereafter be called into question,
or made the subject of dispute or difference between them.
ARTICLE
VI.
Whereas
it is alleged by divers British merchants and others His Majesty's
subjects, that debts, to a considerable amount, which were bona fide
contracted before the peace, still remain owing to them by citizens
or inhabitants of the United States, and that by the operation of
various lawful impediments since the peace, not only the full
recovery of the said debts has been delayed, but also the value and
security thereof have been, in several instances, impaired and
lessened, so that, by the ordinary course of judicial proceedings,
the British creditors cannot now obtain, and actually have and
receive full and adequate compensation for the losses and damages
which they have thereby sustained: It is agreed, that in all such
cases, where full compensation for such losses and damages cannot,
for whatever reason, be actually obtained, had and received by the
said creditors in the ordinary course of justice, the United States
will make full and complete compensation for the same to the said
creditors: But it is distinctly understood, that this provision is to
extend to such losses only as have been occasioned by the lawful
impediments aforesaid, and is not to extend to losses occasioned by
such insolvency of the debtors or other causes as would equally have
operated to produce such loss, if the said impediments had not
existed; nor to such losses or damages as have been occasioned by the
manifest delay or negligence, or wilful omission of the claimant.
For
the purpose of ascertaining the amount of any such losses and
damages, five Commissioners shall be appointed and authorized to meet
and act in manner following, viz.: Two of them shall be appointed by
His Majesty, two of them by the President of the United States by and
with the advice and consent of the Senate thereof, and the fifth by
the unanimous voice of the other four; and if they should not agree
in such choice, then the Commissioners named by the two parties shall
respectively propose one person, and of the two names so proposed,
one shall be drawn by lot, in the presence of the four original
Commissioners. When the five Commissioners thus appointed shall first
meet, they shall, before they proceed to act, respectively take the
following oath, or affirmation, in the presence of each other; which
oath, or affirmation, being so taken and duly attested, shall be
entered on the record of their proceedings, viz.: I, A. B., one of
the Commissioners appointed in pursuance of the sixth article of the
Treaty of Amity, Commerce and Navigation, between His Britannic
Majesty and the United States of America, do solemnly swear (or
affirm) that I will honestly, diligently, impartially and carefully
examine, and to the best of my judgment, according to justice and
equity, decide all such complaints, as under the said article shall
be preferred to the said Commissioners: and that I will forbear to
act as a Commissioner, in any case in which I may be personally
interested.
Three
of the said Commissioners shall constitute a board, and shall have
power to do any act appertaining to the said Commission, provided
that one of the Commissioners named on each side, and the fifth
Commissioner shall be present, and all decisions shall be made by the
majority of the voices of the Commissioners than present. Eighteen
months from the day on which the said Commissioners shall form a
board, and be ready to proceed to business, are assigned for
receiving complaints and applications; but they are nevertheless
authorized, in any particular cases in which it shall appear to them
to be reasonable and just, to extend the said term of eighteen months
for any term not exceeding six months, after the expiration thereof.
The said Commissioners shall first meet at Philadelphia, but they
shall have power to adjourn from place to place as they shall see
cause.
The
said Commissioners in examining the complaints and applications so
preferred to them, are empowered and required in pursuance of the
true intent and meaning of this article to take into their
consideration all claims, whether of principal or interest, or
balances of principal and interest and to determine the same
respectively, according to the merits of the several cases, due
regard being had to all the circumstances thereof, and as equity and
justice shall appear to them to require. And the said Commissioners
shall have power to examine all such persons as shall come before
them on oath or affirmation, touching the premises; and also to
receive in evidence, according as they may think most consistent with
equity and justice, all written depositions, or books, or papers, or
copies, or extracts thereof, every such deposition, book, or paper,
or copy, or extract, being duly authenticated either according to the
legal form now respectively existing in the two countries, or in such
other manner as the said Commissioners shall see cause to require or
allow.
The
award of the said Commissioners, or of any three of them as
aforesaid, shall in all cases be final and conclusive both as to the
justice of the claim, and to the amount of the sum to be paid to the
creditor or claimant; and the United States undertake to cause the
sum so awarded to be paid in specie to such creditor or claimant
without deduction; and at such time or times and at such place or
places, as shall be awarded by the said Commissioners; and on
condition of such releases or assignments to be given by the creditor
or claimant, as by the said Commissioners may be directed: Provided
always, that no such payment shall be fixed by the said Commissioners
to take place sooner than twelve months from the day of the exchange
of the ratifications of this Treaty.
ARTICLE
VII.
Whereas
complaints have been made by divers merchants and others, citizens of
the United States, that during the course of the war in which His
Majesty is now engaged, they have sustained considerable losses and
damage, by reason of irregular or illegal captures or condemnations
of their vessels and other property, under color of authority or
commissions from His Majesty, and that from various circumstances
belonging to the said cases, adequate compensation for the losses and
damages so sustained cannot now be actually obtained, had, and
received by the ordinary course of judicial proceedings; it is
agreed, that in all such cases, where adequate compensation cannot,
for whatever reason, be now actually obtained, had, and received by
the said merchants and others, in the ordinary course of justice,
full and complete compensation for the same will be made by the
British Government to the said complainants.
But
it is distinctly understood that this provision is not to extend to
such losses or damages as have been occasioned by the manifest delay
or negligence, or wilful omission of the claimant.
That
for the purpose of ascertaining the amount of any such losses and
damages, five Commissioners shall be appointed and authorized to act
in London, exactly in the manner directed with respect to those
mentioned in the preceding article, and after having taken the same
oath or affirmation, (mutatis mutandis,) the same term of eighteen
months is also assigned for the reception of claims, and they are in
like manner authorized to extend the same in particular cases. They
shall receive testimony, books, papers and evidence in the same
latitude, and exercise the like discretion and powers respecting that
subject; and shall decide the claims in question according to the
merits of the several cases, and to justice, equity and the laws of
nations. The award of the said Commissioners, or any such three of
them as aforesaid, shall in all cases be final and conclusive, both
as to the justice of the claim, and the amount of the sum to be paid
to the claimant; and His Britannic Majesty undertakes to cause the
same to be paid to such claimant in specie, without any deduction, at
such place or places, and at such time or times, as shall be awarded
by the said Commissioners, and on condition of such releases or
assignments to be given by the claimant, as by the said Commissioners
may be directed.
And
whereas certain merchants and others, His Majesty's subjects,
complain that, in the course of the war, they have sustained loss and
damage by reason of the capture of their vessels and merchandise,
taken within the limits and jurisdiction of the States and brought
into the ports of the same, or taken by vessels originally armed in
ports of the said States:
It
is agreed that in all such cases where restitution shall not have
been made agreeably to the tenor of the letter from Mr. Jefferson to
Mr. Hammond, dated at Philadelphia, September 5, 1793, a copy of
which is annexed to this Treaty; the complaints of the parties shall
be and hereby are referred to the Commissioners to be appointed by
virtue of this article, who are hereby authorized and required to
proceed in the like manner relative to these as to the other cases
committed to them; and the United States undertake to pay to the
complainants or claimants in specie, without deduction, the amount of
such sums as shall be awarded to them respectively by the said
Commissioners, and at the times and places which in such awards shall
be specified; and on condition of such releases or assignments to be
given by the claimants as in the said awards may be directed: And it
is further agreed, that not only the now existing cases of both
descriptions, but also all such as shall exist at the time of
exchanging the ratifications of this Treaty, shall be considered as
being within the provisions, intent and meaning of this article.
ARTICLE
VIII.
It
is further agreed that the Commissioners mentioned in this and in the
two preceding articles shall be respectively paid in such manner as
shall be agreed between the two parties such agreement being to be
settled at the time of the exchange of the ratifications of this
Treaty. And all other expenses attending the said Commissions shall
be defrayed jointly by the two parties, the same being previously
ascertained and allowed by the majority of the Commissioners.
And
in the case of death, sickness or necessary absence, the place of
every such Commissioner respectively shall be supplied in the same
manner as such Commissioner was first appointed, and the new
Commissioners shall take the same oath or affirmation and do the same
duties.
ARTICLE
IX.
It
is agreed that British subjects who now hold lands in the territories
of the United States, and American citizens who now hold lands in the
dominions of His Majesty, shall continue to hold them according to
the nature and tenure of their respective estates and titles therein;
and may grant, sell or devise the same to whom they please, in like
manner as if they were natives and that neither they nor their heirs
or assigns shall, so far as may respect the said lands and the legal
remedies incident thereto, be regarded as aliens.
ARTICLE
X.
Neither
the debts due from individuals of the one nation to individuals of
the other, nor shares, nor monies, which they may have in the public
funds, or in the public or private banks, shall ever in any event of
war or national differences be sequestered or confiscated, it being
unjust and impolitic that debts and engagements contracted and made
by individuals having confidence in each other and in their
respective Governments, should ever be destroyed or impaired by
national authority on account of national differences and
discontents.
ARTICLE
XI.
It
is agreed between His Majesty and the United States of America, that
there shall be a reciprocal and entirely perfect liberty of
navigation and commerce between their respective people, in the
manner, under the limitations, and on the conditions specified in the
following articles.
ARTICLE
XII.
His
Majesty consents that it shall and may be lawful, during the time
hereinafter limited, for the citizens of the United States to carry
to any of His Majesty's islands and ports in the West Indies from the
United States, in their own vessels, not being above the burthen of
seventy tons, any goods or merchandizes, being of the growth,
manufacture or produce of the said States, which it is or may be
lawful to carry to the said islands or ports from the said States in
British vessels; and that the said American vessels shall be subject
there to no other or higher tonnage duties or charges than shall be
payable by British vessels in the ports of the United States; and
that the cargoes of the said American vessels shall be subject there
to no other or higher duties or charges than shall be payable on the
like articles if imported there from the said States in British
vessels.
And
His Majesty also consents that it shall be lawful for the said
American citizens to purchase, load and carry away in their said
vessels to the United States, from the said islands and ports, all
such articles, being of the growth, manufacture or produce of the
said islands, as may now by law be carried from thence to the said
States in British vessels, and subject only to the same duties and
charges on exportation, to which British vessels and their cargoes
are or shall be subject in similar circumstances.
Provided
always, that the said American vessels do carry and land their
cargoes in the United States only, it being expressly agreed and
declared that, during the continuance of this article, the United
States will prohibit and restrain the carrying any molasses, sugar,
coffee, cocoa or cotton in American vessels, either from His
Majesty's islands or from the United States to any part of the world
except the United States, reasonable seastores excepted.
Provided,
also, that it shall and may be lawful, during the same period, for
British vessels to import from the said islands into the United
States, and to export from the United States to the said islands, all
articles whatever, being of the growth, produce or manufacture of the
said islands, or of the United States respectively, which now may, by
the laws of the said States, be so imported and exported. And that
the cargoes of the said British vessels shall be subject to no other
or higher duties or charges, than shall be payable on the same
articles if so imported or exported in American vessels.
It
is agreed that this article, and every matter and thing therein
contained, shall continue to be in force during the continuance of
the war in which His Majesty is now engaged; and also for two years
from and after the date of the signature of the preliminary or other
articles of peace, by which the same may be terminated.
And
it is further agreed that, at the expiration of the said term, the
two contracting parties will endeavour further to regulate their
commerce in this respect, according to the situation in which His
Majesty may then find himself with respect to the West Indies, and
with a view to such arrangements as may best conduce to the mutual
advantage and extension of commerce. And the said parties will then
also renew their discussions, and endeavour to agree, whether in any
and what cases, neutral vessels shall protect enemy's property; and
in what cases provisions and other articles, not generally
contraband, may become such. But in the mean time, their conduct
towards each other in these respects shall be regulated by the
articles hereinafter inserted on those subjects.
ARTICLE
XIII.
His
Majesty consents that the vessels belonging to the citizens of the
United States of America shall be admitted and hospitably received in
all the seaports and harbors of the British territories in the East
Indies. And that the citizens of the said United States may freely
carry on a trade between the said territories and the said United
States, in all articles of which the importation or exportation
respectively, to or from the said territories, shall not be entirely
prohibited. Provided only, that it shall not be lawful for them in
any time of war between the British Government and any other Power or
State whatever, to export from the said territories, without the
special permission of the British Government there, any military
stores, or naval stores, or rice. The citizens of the United States
shall pay for their vessels when admitted into the said ports no
other or higher tonnage duty than shall be payable on British vessels
when admitted into the ports of the United States. And they shall pay
no other or higher duties or charges, on the importation or
exportation of the cargoes of the said vessels, than shall be payable
on the same articles when imported or exported in British vessels.
But it is expressly agreed that the vessels of the United States
shall not carry any of the articles exported by them from the said
British territories to any port or place, except to some port or
place in America, where the same shall be unladen and such
regulations shall be adopted by both parties as shall from time to
time be found necessary to enforce the due and faithful observance of
this stipulation. It is also understood that the permission granted
by this article is not to extend to allow the vessels of the United
States to carry on any part of the coasting trade of the said British
territories; but vessels going with their original cargoes, or part
thereof, from one port of discharge to another, are not to be
considered as carrying on the coasting trade. Neither is this article
to be construed to allow the citizens of the said States to settle or
reside within the said territories, or to go into the interior parts
thereof, without the permission of the British Government established
there; and if any transgression should be attempted against the
regulations of the British Government in this respect, the observance
of the same shall and may be enforced against the citizens of America
in the same manner as against British subjects or others
transgressing the same rule. And the citizens of the United States,
whenever they arrive in any port or harbour in the said territories,
or if they should be permitted, in manner aforesaid, to go to any
other place therein, shall always be subject to the laws, government
and jurisdiction of what nature established in such harbor, port pr
place, according as the same may be. The citizens of the United
States may also touch for refreshment at the island of St. Helena,
but subject in all respects to such regulations as the British
Government may from time to time establish there.
ARTICLE
XIV.
There
shall be between all the dominions of His Majesty in Europe and the
territories of the United States a reciprocal and perfect liberty of
commerce and navigation. The people and inhabitants of the two
countries, respectively, shall have liberty freely and securely, and
without hindrance and molestation, to come with their ships and
cargoes to the lands, countries, cities, ports, places and rivers
within the dominions and territories aforesaid, to enter into the
same, to resort there, and to remain and reside there, without any
limitation of time. Also to hire and possess houses and warehouses
for the purposes of their commerce, and generally the merchants and
traders on each side shall enjoy the most complete protection and
security for their commerce; but subject always as to what respects
this article to the laws and statutes of the two countries
respectively.
ARTICLE
XV.
It
is agreed that no other or high duties shall be paid by the ships or
merchandise of the one party in the ports of the other than such as
are paid by the like vessels or merchandize of all other nations. Nor
shall any other or higher duty be imposed in one country on the
importation of any articles the growth, produce or manufacture of the
other, than are or shall be payable on the importation of the like
articles being of the growth, produce or manufacture of any other
foreign country. Nor shall any prohibition be imposed on the
exportation or importation of any articles to or from the territories
of the two parties respectively, which shall not equally extend to
all other nations.
But
the British Government reserves to itself the right of imposing on
American vessels entering into the British ports in Europe a tonnage
duty equal to that which shall be payable by British vessels in the
ports of America; and also such duty as may be adequate to
countervail the difference of duty now payable on the importation of
European and Asiatic goods, when imported into the United States in
British or in American vessels
The
two parties agree to treat for the more exact equalization of the
duties on the respective navigation of their subjects and people, in
such manner as may be most beneficial to the two countries.
The
arrangements for this purpose shall be made at the same time with
those mentioned at the conclusion of the twelfth article of this
Treaty, and are to be considered as a part thereof. In the interval
it is agreed that the United States will not impose any new or
additional tonnage duties on British vessels, nor increase the
nowsubsisting difference between the duties payable on the
importation of any articles in British or in American vessels.
ARTICLE
XVI.
It
shall be free for the two contracting parties, respectively, to
appoint Consuls for the protection of trade, to reside in the
dominions and territories aforesaid; and the said Consuls shall enjoy
those liberties and rights which belong to them by reason of their
function. But before any Consul shall act as such, he shall be in the
usual forms approved and admitted by the party to whom he is sent;
and it is hereby declared to be lawful and proper that, in case of
illegal or improper conduct towards the laws or Government, a Consul
may either be punished according to law, if the laws will reach the
case, or be dismissed, or even sent back, the offended Government
assigning to the other their reasons for the same.
Either
of the parties may except from the residence of Consuls such
particular places as such party shall judge proper to be so excepted.
ARTICLE
XVII.
It
is agreed that in all cases where vessels shall be captured or
detained on just suspicion of having on board enemy's property, or of
carrying to the enemy any of the articles which are contraband of
war, the said vessels shall be brought to the nearest or most
convenient port; and if any property of an enemy should be found on
board such vessel, that part only which belongs to the enemy shall be
made prize, and the vessel shall be at liberty to proceed with the
remainder without any impediment. And it is agreed that all proper
measures shall be taken to prevent delay in deciding the cases of
ships or cargoes so brought in for adjudication, and in the payment
or recovery of any indemnification, adjudged or agreed to be paid to
the masters or owners of such ships.
ARTICLE
XVIII.
In
order to regulate what is in future to be esteemed contraband of war,
it is agreed that under the said denomination shall be comprised all
arms and implements serving for the purposes of war, by land or sea,
such as cannon, muskets, mortars, petards, bombs, grenades,
carcasses, saucisses, carriages for cannon, musketrests, bandoliers,
gunpowder, match, saltpetre, ball, pikes, swords, headpieces,
cuirasses, halberts, lances, javelins, horsefurniture, holsters,
belts, and generally all other implements of war, as also timber for
shipbuilding, tar or rozin, copper in sheets, sails, hemp, and
cordage, and generally whatever may serve directly to the equipment
of vessels, unwrought iron and fir planks only excepted, and all the
above articles are hereby declared to be just objects of confiscation
whenever they are attempted to be carried to an enemy.
And
whereas the difficulty of agreeing on the precise cases in which
alone provisions and other articles not generally contraband may be
regarded as such, renders it expedient to provide against the
inconveniences and misunderstandings which might thence arise: It is
further agreed that whenever any such articles so becoming
contraband, according to the existing laws of nations, shall for that
reason be seized, the same shall not be confiscated, but the owners
thereof shall be speedily and completely indemnified; and the
captors, or, in their default, the Government under whose authority
they act, shall pay to the masters or owners of such vessels the full
value of all such articles, with a reasonable mercantile profit
thereon, together with the freight, and also the demurrage incident
to such detention.
And
whereas it frequently happens that vessels sail for a port or place
belonging to an enemy without knowing that the same is either
besieged, blockaded or invested, it is agreed that every vessel so
circumstanced may be turned away from such port or place; but she
shall not be detained, nor her cargo, if not contraband, be
confiscated, unless after notice she shall again attempt to enter,
but she shall be permitted to go to any other port or place she may
think proper; nor shall any vessel or goods of either party that may
have entered into such port or place before the same was besieged,
blockaded, or invested by the other, and be found thereinafter the
reduction or surrender of such place, be liable to confiscation, but
shall be restored to the owners or proprietors there.
ARTICLE
XIX.
And
that more abundant care may be taken for the security of the
respective subjects and citizens of the contracting parties, and to
prevent their suffering injuries by the menofwar, or privateers of
either party, all commanders of ships of war and privateers, and all
others the said subjects and citizens, shall forbear doing any damage
to those of the other party or committing any outrage against them,
and if they act to the contrary they shall be punished, and shall
also be bound in their persons and estates to make satisfaction and
reparation for all damages, and the interest thereof, of whatever
nature the said damages may be.
For
this cause, all commanders of privateers, before they receive their
commissions, shall hereafter be obliged to give, before a competent
judge, sufficient security by at least two responsible sureties, who
have no interest in the said privateer, each of whom, together with
the said commander, shall be jointly and severally bound in the sum
of fifteen hundred pounds sterling, or, if such ships be provided
with above one hundred and fifty seamen or soldiers, in the sum of
three thousand pounds sterling, to satisfy all damages and injuries
which the said privateer, or her officers or men, or any of them, may
do or commit during their cruise contrary to the tenor of this
Treaty, or to the laws and instructions for regulating their conduct;
and further, that in all cases of aggressions the said commissions
shall be revoked and annulled.
It
is also agreed that whenever a judge of a court of admiralty of
either of the parties shall pronounce sentence against any vessel or
goods or property belonging to the subjects or citizens of the other
party, a formal and duly authenticated copy of all the proceedings in
the cause, and of the said sentence, shall, if required, be delivered
to the commander of the said vessel, without the smallest delay, he
paying all legal fees and demands for the same.
ARTICLE
XX.
It
is further agreed that both the said contracting parties shall not
only refuse to receive any pirates into any of their ports, havens or
towns, or permit any of their inhabitants to receive, protect,
harbor, conceal or assist them in any manner, but will bring to
condign punishment all such inhabitants as shall be guilty of such
acts or offences.
And
all their ships, with the goods or merchandizes taken by them and
brought into the port of either of the said parties, shall be seized
as far as they can be discovered, and shall be restored to the
owners, or their factors or agents, duly deputed and authorized in
writing by them (proper evidence being first given in the court of
admiralty for proving the property) even in case such effects should
have passed into other hands by sale, if it be proved that the buyers
knew or had good reason to believe or suspect that they had been
piratically taken.
ARTICLE
XXI.
It
is likewise agreed that the subjects and citizens of the two nations
shall not do any acts of hostility or violence against each other,
nor accept commissions or instructions so to act from any foreign
Prince or State, enemies to the other party; nor shall the enemies of
one of the parties be permitted to invite, or endeavor to enlist in
their military service, any of the subjects or citizens of the other
party; and the laws against all such offences and aggressions shall
be punctually executed. And if any subject or citizen of the said
parties respectively shall accept any foreign commission or letters
of marque for arming any vessel to act as a privateer against the
other party, and be taken by the other party, it is hereby declared
to be lawful for the said party to treat and punish the said subject
or citizen having such commission or letters of marque as a pirate.
ARTICLE
XXII.
It
is expressly stipulated that neither of the said contracting parties
will order or authorize any acts of reprisal against the other, on
complaints of injuries or damages, until the said party shall first
have presented to the other a statement thereof, verified by
competent proof and evidence, and demanded justice and satisfaction,
and the same shall either have been refused or unreasonably delayed.
ARTICLE
XXIII.
The
ships of war of each of the contracting parties shall, at all times,
be hospitably received in the ports of the other, their officers and
crews paying due respect to the laws and Government of the country.
The officers shall be treated with that respect which is due to the
commissions which they bear, and if any insult should be offered to
them by any of the inhabitants, all offenders in this respect shall
be punished as disturbers of the peace and amity between the two
countries. And His Majesty consents that in case an American vessel
should, by stress of weather, danger from enemies, or other
misfortune, be reduced to the necessity of seeking shelter in any of
His Majesty's ports, into which such vessel could not in ordinary
cases claim to be admitted, she shall, on manifesting that necessity
to the satisfaction of the Government of the place, be hospitably
received, and be permitted to refit and to purchase at the market
price such necessaries as she may stand in need of, conformably to
such orders and regulations at the Government of the place, having
respect to the circumstances of each case, shall prescribe. She shall
not be allowed to break bulk or unload her cargo, unless the same
should be bona fide necessary to her being refitted. Nor shall be
permitted to sell any part of her cargo, unless so much only as may
be necessary to defray her expences, and then not without the express
permission of the Government of the place. Nor shall she be obliged
to pay any duties whatever, except only on such articles as she may
be permitted to sell for the purpose aforesaid.
ARTICLE
XXIV.
It
shall not be lawful for any foreign privateers (not being subjects or
citizens of either of the said parties) who have commissions from any
other Prince or State in enmity with either nation to arm their ships
in the ports of either of the said parties, nor to sell what they
have taken, nor in any other manner to exchange the same; nor shall
they be allowed to purchase more provisions than shall be necessary
for their going to the nearest port of that Prince or State from whom
they obtained their commissions.
ARTICLE
XXV.
It
shall be lawful for the ships of war and privateers belonging to the
said parties respectively to carry whithersoever they please the
ships and goods taken from their enemies, without being obliged to
pay any fee to the officers of the admiralty, or to any judges
whatever; nor shall the said prizes, when they arrive at and enter
the ports of the said parties, be detained or seized, neither shall
the searchers or other officers of those places visit such prizes,
(except for the purpose of preventing the carrying of any of the
cargo thereof on shore in any manner contrary to the established laws
of revenue, navigation, or commerce,) nor shall such officers take
cognizance of the validity of such prizes; but they shall be at
liberty to hoist sail and depart as speedily as may be, and carry
their said prizes to the place mentioned in their commissions or
patents, which the commanders of the said ships of war or privateers
shall be obliged to show. No shelter or refuge shall be given in
their ports to such as have made a prize upon the subjects or
citizens of either of the said parties; but if forced by stress of
weather, or the dangers of the sea, to enter therein, particular care
shall be taken to hasten their departure, and to cause them to retire
as soon as possible. Nothing in this Treaty contained shall, however,
be construed or operate contrary to former and existing public
treaties with other sovereigns or States. But the two parties agree
that while they continue in amity neither of them will in future make
any treaty that shall be inconsistent with this or the preceding
article.
Neither
of the said parties shall permit the ships or goods belonging to the
subjects or citizens of the other to be taken within cannon shot of
the coast, nor in any of the bays, ports or rivers of their
territories, by ships of war or others having commission from any
Prince, Republic or State whatever. But in case it should so happen,
the party whose territorial rights shall thus have been violated
shall use his utmost endeavors to obtain from the offending party
full and ample satisfaction for the vessel or vessels so taken,
whether the same be vessels of war or merchant vessels.
ARTICLE
XXVI.
If
at any time a rupture should take place (which God forbid) between
His Majesty and the United States, and merchants and others of each
of the two nations residing in the dominions of the other shall have
the privilege of remaining and continuing their trade, so long as
they behave peaceably and commit no offence against the laws; and in
case their conduct should render them suspected, and the respective
Governments should think proper to order them to remove, the term of
twelve months from the publication of the order shall be allowed them
for that purpose, to remove with their families, effects and
property, but this favor shall not be extended to those who shall act
contrary to the established laws; and for greater certainty, it is
declared that such rupture shall not be deemed to exist while
negociations for accommodating differences shall be depending, nor
until the respective Ambassadors or Ministers, if such there shall
be, shall be recalled or sent home on account of such differences,
and not on account of personal misconduct, according to the nature
and degrees of which both parties retain their rights, either to
request the recall, or immediately to send home the Ambassador or
Minister of the other, and that without prejudice to their mutual
friendship and good understanding.
ARTICLE
XXVII.
It
is further agreed that His Majesty and the United States, on mutual
requisitions, by them respectively, or by their respective Ministers
or officers authorized to make the same, will deliver up to justice
all persons who, being charged with murder or forgery, committed
within the jurisdiction of either, shall seek an asylum within any of
the countries of the other, provided that this shall only be done on
such evidence of criminality as, according to the laws of the place,
where the fugitive or person so charged shall be found, would justify
his apprehension and commitment for trial, if the offence had there
been committed. The expence of such apprehension and delivery shall
be borne and defrayed by those who made the requisition and receive
the fugitive.
ARTICLE
XXVIII.
It
is agreed that the first ten articles of this Treaty shall be
permanent, and that the subsequent articles, except the twelfth,
shall be limited in their duration to twelve years, to be computed
from the day on which the ratifications of this Treaty shall be
exchanged, but subject to this condition. That whereas the said
twelfth article will expire by the limitation therein contained, at
the end of two years from the signing of the preliminary or other
articles of peace, which shall terminate the present war in which His
Majesty is engaged, it is agreed that proper measures shall by
concert be taken for bringing the subject of that article into
amicable Treaty and discussion, so early before the expiration of the
said term as that new arrangements on that head may by that time be
perfected and ready to take place. But if it should unfortunately
happen that His Majesty and the United States should not be able to
agree on such new arrangements, in that case all the articles of this
Treaty, except the first ten, shall then cease and expire together.
Lastly.
This Treaty, when the same shall have been ratified by His Majesty
and by the President of the United States, by and with the advice and
consent of their Senate, and the respective ratifications mutually
exchanged, shall be binding and obligatory on His Majesty and on the
said States, and shall be by them respectively executed and observed
with punctuality and the most sincere regard to good faith; and
whereas it will be expedient, in order the better to facilitate
intercourse and obviate difficulties, that other articles be proposed
and added to this Treaty, which articles, from want of time and other
circumstances, cannot now be perfected, it is agreed that the said
parties will, from time to time, readily treat of and concerning such
articles, and will sincerely endeavor so to form them as that they
may conduce to mutual convenience and tend to promote mutual
satisfaction and friendship; and that the said articles, after having
been duly ratified, shall be added to and make a part of this Treaty.
In faith whereof we, the undersigned Ministers Plenipotentiary of His
Majesty the King of Great Britain and the United States of America,
have singed this present Treaty, and have caused to be affixed
thereto the seal of our arms.
Done
at London this nineteenth day of November, one thousand seven hundred
and ninetyfour.
(SEAL.)
GRENVILLE.
(SEAL.)
JOHN JAY.<HR>
Letter
from Thomas Jefferson to George Hammond.
PHILADELPHIA,
September 5, 1793.
Sir:
I am honored with yours of August 30. Mine of the 7th of that month
assured you that measures were taken for excluding from all further
asylum in our ports vessels armed in them to cruise on nations with
which we are at peace, and for the restoration of the prizes the
Lovely Lass, Prince William Henry, and the Jane of Dublin; and that
should the measures for restitution fail in their effect, the
President considered it as incumbent on the United States to make
compensation for the vessels.
We
are bound by our treaties with three of the belligerent nations, by
all the means in our power, to protect and defend their vessels and
effects in our ports, or waters, or on the seas near our shores, and
to recover and restore the same to the right owners when taken from
them. If all the means in our power are used, and fail in their
effect, we are not bound by our treaties with those nations to make
compensation.
Though
we have no similar treaty with Great Britain, it was the opinion of
the President that we should use towards that nation the same rule
which, under this article, was to govern us with the other nations;
and even to extend it to captures made on the high seas and brought
into our ports f done by vessels which had been armed within them.
Having,
for particular reasons, forbore to use all the means in our power for
the restitution of the three vessels mentioned in my letter of August
7th, the President thought it incumbent on the United States to make
compensation for them; and though nothing was said in that letter of
other vessels taken under like circumstances, and brought in after
the 5th of June, and before the date of that letter, yet when the
same forbearance had taken place, it was and is his opinion, that
compensation would be equally due.
As
to prizes made under the same circumstances, and brought in after the
date of that letter, the President determined that all the means in
our power should be used for their restitution. If these fail, as we
should not be bound by our treaties to make compensation to the other
Powers in the analogous case, he did not mean to give an opinion that
it ought to be done to Great Britain. But still, if any cases shall
arise subsequent to that date, the circumstances of which shall place
them on similar ground with those before it, the President would
think compensation equally incumbent on the United States.
Instructions
are given to the Governors of the different States to use all the
means in their power for restoring prizes of this last description
found within their ports. Though they will, of course, take measures
to be infomed of them, and the General Government has given them the
aid of the customhouse officers for this purpose, yet you will be
sensible of the importance of multiplying the channels of their
infomation as far as shall depend on yourself, or any person under
your direction, or order that the Governors may use the means in
their power for making restitution.
Without
knowledge of the capture they cannot restore it. It will always be
best to give the notice to them directly; but any infomation which
you shall be pleased to send to me also, at any time, shall be
forwarded to them as quickly as distance will permit.
Hence
you will perceive, sir, that the President contemplates restitution
or compensation in the case before the 7th of August; and after that
date, restitution if it can be effected by any means in our power.
And that it will be important that you should substantiate the fact
that such prizes are in our ports or waters.
Your
list of the privateers illicitly armed in our ports is, I believe,
correct.
With
respect to losses by detention, waste, spoilation sustained by
vessels taken as before mentioned, between the dates of June 5th and
August 7th, it is proposed as a provisional measure that the
Collector of the Customs of the district, and the British Consul, or
any other person you please, shall appoint persons to establish the
value of the vessel and cargo at the time of her capture and of her
arrival in the port into which she is brought, according to their
value in that port. If this shall be agreeable to you, and you will
be pleased to signify it to me, with the names of the prizes
understood to be of this description, instructions will be given
accordingly to the Collector of the Customs where the respective
vessels are.
I
have the honor to be, &c., TH: JEFFERSON. GEO: HAMMOND, Esq.
ADDITIONAL
ARTICLE.
It
is further agreed, between the said contracting parties, that the
operation of so much of the twelfth article of the said Treaty as
respects the trade which his said Majesty thereby consents may be
carried on between the United States and his islands in the West
Indies, in the manner and on the terms and conditions therein
specified, shall be suspended.
1796.
EXPLANATORY
ARTICLE TO THE THIRD ARTICLE OF THE TREATY OF NOVEMBER 19, 1794,
RESPECTING THE LIBERTY TO PASS AND REPASS THE BORDERS AND TO CARRY ON
TRADE AND COMMERCE.
Concluded
May 4, 1796; Ratification advised by Senate May 9, 1796.
Whereas
by the third article of the Treaty of amity, commerce and navigation,
concluded at London on the nineteenth day of November, one thousand
seven hundred and ninetyfour, between His Britannic Majesty and the
United States of America, it was agreed that is should at all times
be free to His Majesty's subjects and to the citizens of the United
States, and also to the Indians dwelling on either side of the
boundary line, assigned by the Treaty of peace to the United States,
freely to pass and repass, by land or inland navigation, into the
respective territories and countries of the two contracting parties,
on the continent of America, (the country within the limits of the
Hudson's Bay Company only excepted,) and to navigate all the lakes,
rivers, and waters thereof, and freely to carry on trade and commerce
with each other, subject to the provisions and limitations contained
in the said article: And whereas by the eighth article of the Treaty
of peace and friendship concluded at Greenville on the third day of
August, one thousand seven hundred and ninety-five, between the
United States and the nations or tribes of Indians called the
Wyandots, Delawares, Shawanoes, Ottawas, Chippewas, Putawatimies,
Miamis, Eel River, Weeas, Kickapoos, Piankashaws, and Kaskaskias, it
was stipulated that no person should be permitted to reside at any of
the towns or the hunting camps of the said Indian tribes, as a
trader, who is not furnished with a licence for that purpose under
the authority of the United States: Which latter stipulation has
excited doubts, whether in its operation it may not interfere with
the due execution of the third article of the Treaty of amity,
commerce and navigation: And it being the sincere desire of His
Britannic Majesty and of the United States that this point should be
so explained as to remove all doubts and promote mutual satisfaction
and friendship: And for this purpose His Britannic Majesty having
named for his Commissioner, Phineas Bond, Esquire, His Majesty's
ConsulGeneral for the Middle and Southern States of America, (and now
His Majesty's Chargé d'Affaires to the United States,) and
the President of the United States having named for their
Commissioner, Timothy Pickering, Esquire, Secretary of State of the
United States, to whom, agreeably to the laws of the United States,
he has intrusted this negotiation: They, the said Commissioners,
having communicated to each other their full powers, have, in virtue
of the same, and conformably to the spirit of the last article of the
said Treaty of amity, commerce and navigation, entered into this
explanatory article, and do by these presents explicitly agree and
declare, that no stipulations in any treaty subsequently concluded by
either of the contracting parties with any other State or nation, or
with any Indian tribe, can be understood to derogate in any manner
from the rights of free intercourse and commerce, secured by the
aforesaid third article of the Treaty of amity, commerce and
navigation, to the subjects of his Majesty and to the citizens of the
United States, and to the Indians dwelling on either side of the
boundary line aforesaid; but that all the said persons shall remain
at full liberty freely to pass and repass, by land or inland
navigation, into the respective territories and countries of the
contracting parties, on either side of the said boundary line, and
freely to carry on trade and commerce with each other, according to
the stipulations of the said third article of the Treaty of amity,
commerce and navigation.
This
explanatory article, when the same shall have been ratified by His
Majesty and by the President of the United States, by and with the
advice and consent of their Senate, and the respective ratifications
mutually exchanged, shall be added to and make a part of the said
Treaty of amity commerce and navigation, and shall be permanently
binding upon His Majesty and the United States.
In
witness whereof we, the said Commissioners of His Majesty the King of
Great Britain and the United States of America, have signed this
present explanatory article, and thereto affixed our seals.
Done
at Philadelphia this fourth day of May, in the year of our Lord one
thousand seven hundred and ninetysix.
(SEAL.)
P. BOND. (SEAL.) TIMOTHY PICKERING.
1798.
EXPLANATORY
ARTICLE TO THE TREATY OF NOVEMBER 19, 1794, RELEASING THE
COMMISSIONERS UNDER THE FIFTH ARTICLE FROM PARTICULARIZING THE
LATITUDE AND LONGITUDE OF THE RIVER ST. CROIX.
Concluded
March 15, 1798; Ratification advised by Senate June 5, 1798.
Whereas
by the twentyeight article of the Treaty of amity, commerce, and
navigation between His Britannic Majesty and the United States,
signed at London on the nineteenth day of November, one thousand
seven hundred and ninetyfour, it was agreed that the contracting
parties would, from time to time, readily treat of and concerning
such further articles as might be proposed; that they would sincerely
endeavour so to form such articles as that they might conduce to
mutual convenience and tend to promote mutual satisfaction and
,friendship; and that such articles, after having been duly ratified,
should be added to and make a part of that Treaty: And whereas
difficulties have arisen with respect to the execution of so much of
the fifth article of the said Treaty as requires that the
Commissioners appointed under the same should in their description
particularize the latitude and longitude of the source of the river
which may be found to be the one truly intended in the Treaty of
peace between His Britannic Majesty and the United States, under the
name of the river St. Croix, by reason whereof it is expedient that
the said Commissioners should be released from the obligation of
conforming to the provisions of the said article in this respect. The
undersigned being respectively named by His Britannic Majesty and the
United States of America their Plenipotentiaries for the purpose of
treating of and concluding such articles as may be proper to be added
to the said Treaty, in conformity to the above mentioned stipulation,
and having communicated to each other their respective full powers,
have agreed and concluded, and do hereby declare in the name of His
Britannic Majesty and of the United States of America that the
Commissioners appointed under the fifth article of the above
mentioned Treaty shall not be obliged to particularize in their
description, the latitude and longitude of the source of the river
which may be found to be the one truly intended in the aforesaid
Treaty of peace under the name of the river St. Croix, but they shall
be at liberty to describe the said river, in such other manner as
they may judge expedient, which description shall be considered as a
complete execution of the duty required of the said Commissioners in
this respect by the article aforesaid. And to the end that no
uncertainty may hereafter exist on this subject, it is further
agreed, that as soon as may be after the decision of the said
Commissioners, measures shall be concerted between the Government of
the United States and His Britannic Majesty's Governors or Lieutenant
Governors in America, in order to erect and keep in repair a suitable
monument at the place ascertained and described to be the source of
the said river St. Croix, which measures shall immediately thereupon,
and as often afterwards as may be requisite, be duly executed on both
sides with punctuality and good faith.
This
explanatory article, when the same shall have been ratified by His
Majesty and by the President of the United States, by and with the
advice and consent of their Senate, and the respective ratifications
mutually exchanged, shall be added to and make a part of the Treaty
of amity, commerce, and navigation between His Majesty and the United
States, signed at London on the nineteenth day of November, one
thousand seven hundred and ninetyfour, and shall be permanently
binding upon His Majesty and the United States.
In
witness whereof we, the said undersigned Plenipotentiaries of His
Britannic Majesty and the United States of America, have signed this
present article, and have caused to be affixed thereto the seal of
our arms.
Done
at London this fifteenth day of March, one thousand seven hundred and
ninetyeight.
(SEAL.)
GRENVILLE. (SEAL.) RUFUS KING.
Footnote
6
1814
Treaty of Ghent; to end the War Of 1812
Treaty
of Peace and Amity between His Britannic Majesty and the United
States of America, Concluded at Ghent, December 24, 1814;
Ratification Advised by Senate, February 16, 1815; Ratified by
President; February 17, 1815; Ratifications Exchanged at Washington,
February 17, 1815; Proclaimed, February 18, 1815. His Britannic
Majesty and the United States of America, desirous of terminating the
war which has unhappily subsisted between the two countries, and of
restoring, upon principles of perfect reciprocity, peace, friendship,
and good understanding between them, have, for that purpose,
appointed their respective Plenipotentiaries, that is to say:
His
Britannic Majesty, on his part, has appointed the Right Honorable
James Lord Gambier, late Admiral of the White, now Admiral of the Red
Squadron of His Majesty's fleet, Henry Goulburn, Esquire, a member of
the Imperial Parliament, and Under Secretary of State, and William
Adams, Esquire, Doctor of Civil Laws; and the President of the United
States, by and with the advice and consent of the Senate thereof, has
appointed John Quincy Adams, James A. Bayard, Henry Clay, Jonathan
Russell, and Albert Gallatin, citizens of the United States; Who,
after a reciprocal communication of their respective full powers,
have agreed upon the following articles:
Article
I
There
shall be a firm and universal peace between His Britannic Majesty and
the United States, and between their respective countries,
territories, cities, towns, and people, of every degree, without
exception of places or persons. All hostilities, both by sea and
land, shall cease as soon as this Treaty shall have been ratified by
both parties, as hereinafter mentioned. All territory, places, and
possessions whatsoever, taken by either party from the other during
the war, or which may be taken after the signing of this Treaty,
excepting only the islands hereinafter mentioned, shall be restored
without delay, and without causing any destruction or carrying away
any of the artillery or other public property originally captured in
the said forts or places, and which shall remain therein upon the
exchange of the ratifications of this Treaty, or any slaves or other
private property. And all archives, records, deeds, and papers,
either of a public nature or belonging to private persons, which, in
the course of the war, may have fallen into the hands of the officers
of either party, shall be, as far as may be practicable, forthwith
restored and delivered to the proper authorities and persons to whom
they respectively belong. Such of the islands in the Bay of
Passamaquoddy as are claimed by both parties, shall remain in the
possession of the party in whose occupation they may be at the time
of the exchange of the ratifications of this Treaty, until the
decision respecting the title to the said islands shall have been
made in conformity with the fourth article of this Treaty. No
disposition made by this Treaty as to such possession of the islands
and territories claimed by both parties shall, in any manner
whatever, be construed to affect the right of either.
Article
II
Immediately
after the ratifications of this Treaty by both parties, as
hereinafter mentioned, orders shall be sent to the armies, squadrons,
officers, subjects and citizens of the two Powers to cease from all
hostilities. And to prevent all causes of complaint which might arise
on account of the prizes which may be taken at sea after the said
ratifications of this Treaty, it is reciprocally agreed that all
vessels and effects which may be taken after the space of twelve days
from the said ratifications, upon all parts of the coast of North
America, from the latitude of twenty-three degrees north to the
latitude of fifty degrees north, and as far eastward in the Atlantic
Ocean as the thirty-sixth degree of west longitude from the meridian
of Greenwich, shall be restored on each side: that the time shall be
thirty days in all other parts of the Atlantic Ocean north of the
equinoctial line or equator, and the same time for the British and
Irish Channels, for the Gulf of Mexico, and all parts of the West
Indies; forty days for the North Seas, for the Baltic, and for all
parts of the Mediterranean; sixty days for the Atlantic Ocean south
of the equator, as far as the latitude of the Cape of Good Hope;
ninety days for every other part of the world south of the equator;
and one hundred and twenty days for all other parts of the world,
without exception.
Article
III
All
prisoners of war taken on either side, as well by land as by sea,
shall be restored as soon as practicable after the ratifications of
this Treaty, as hereinafter mentioned, on their paying the debts
which they may have contracted during their captivity. The two
contracting parties respectively engage to discharge, in specie, the
advances which may have been made by the other for the sustenance and
maintenance of such prisoners.
Article
IV
Whereas
it was stipulated by the second article in the Treaty of peace of one
thousand seven hundred and eighty-three, between His Britannic
Majesty and the United States of America, that the boundary of the
United States should comprehend all islands within twenty leagues of
any part of the shores of the United States, and lying between lines
to be drawn due east from the points where the aforesaid boundaries,
between Nova Scotia on the one part, and East Florida on the other,
shall respectively touch the Bay of Fundy and the Atlantic Ocean,
excepting such islands as now are, or heretofore have been, within
the limits of Nova Scotia; and whereas the several islands in the Bay
of Passamaquoddy, which is part of the Bay of Fundy, and the Island
of Grand Menan, in the said Bay of Fundy, are claimed by the United
States as being comprehended within their aforesaid boundaries, which
said islands are claimed as belonging to His Britannic Majesty, as
having been, at the time of and previous to the aforesaid Treaty of
one thousand seven hundred and eighty-three, within the limits of the
Province of Nova Scotia. In order, therefore, finally to decide upon
these claims, it is agreed that they shall be referred to two
Commissioners to be appointed in the following manner, viz: One
Commissioner shall be appointed by His Britannic Majesty, and one by
the President of the United States, by and with the advice and
consent of the Senate thereof; and the said two Commissioners so
appointed shall be sworn impartially to examine and decide upon the
said claims according to such evidence as shall be laid before them
on the part of His Britannic Majesty and of the United States
respectively. The said Commissioners shall meet at St. Andrews, in
the Province of New Brunswick, and shall have power to adjourn to
such other place or places as they shall think fit. The said
Commissioners shall, by a declaration or report under their hands and
seals, decide to which of the two contracting parties the several
islands aforesaid do respectively belong, in conformity with the true
intent of the said Treaty of peace of one thousand seven hundred and
eighty-three. And if the said Commissioners shall agree in their
decision, both parties shall consider such decision as final and
conclusive. It is further agreed that, in the event of the two
Commissioners differing upon all or any of the matters so referred to
them, or in the event of both or either of the said Commissioners
refusing, or declining or wilfully omitting to act as such, they
shall make, jointly or separately, a report or reports, as well to
the Government of His Britannic Majesty as to that of the United
States, stating in detail the points on which they differ, and the
grounds upon which their respective opinions have been formed, or the
grounds upon which they, or either of them, have so refused,
declined, or omitted to act. And His Britannic Majesty and the
Government of the United States hereby agree to refer the report or
reports of the said Commissioners to some friendly sovereign or
State, to be then named for that purpose, and who shall be requested
to decide on the differences which may be stated in the said report
or reports, or upon the report of one Commissioner, together with the
grounds upon which the other Commissioner shall have refused,
declined, or omitted to act, as the case may be. And if the
Commissioner so refusing, declining, or omitting to act, shall also
wilfully omit to state the grounds upon which he has so done, in such
manner that the said statement may be referred to such friendly
sovereign or State, together with the report of such other
Commissioner, then such sovereign or State shall decide ex parte upon
the said report alone. And His Britannic Majesty and the Government
of the United States engage to consider the decision of such friendly
sovereign or State to be final and conclusive on all the matters so
referred.
Article
V
Whereas
neither the point of the highlands lying due north from the source of
the river St. Croix, and designated in the former Treaty of peace
between the two Powers as the northwest angle of Nova Scotia, nor the
northwesternmost head of Connecticut River, has yet been ascertained;
and whereas that part of the boundary line between the dominions of
the two Powers which extends from the source of the river St. Croix
directly north to the above mentioned north west angle of Nova
Scotia, thence along the said highlands which divide those rivers
that empty themselves into the river St. Lawrence from those which
fall into the Atlantic Ocean to the northwesternmost head of
Connecticut River, thence down along the middle of that river to the
forty-fifth degree of north latitude; thence by a line due west on
said latitude until it strikes the river Iroquois or Cataraquy, has
not yet been surveyed: it is agreed that for these several purposes
two Commissioners shall be appointed, sworn, and authorized to act
exactly in the manner directed with respect to those mentioned in the
next preceding article, unless otherwise specified in the present
article. The said Commissioners shall meet at St. Andrews, in the
Province of New Brunswick, and shall have power to adjourn to such
other place or places as they shall think fit. The said Commissioners
shall have power to ascertain and determine the points above
mentioned, in conformity with the provisions of the said Treaty of
peace of one thousand seven hundred and eighty-three, and shall cause
the boundary aforesaid, from the source of the river St. Croix to the
river Iroquois or Cataraquy, to be surveyed and marked according to
the said provisions. The said Commissioners shall make a map of the
said boundary, and annex to it a declaration under their hands and
seals, certifying it to be the true map of the said boundary, and
particularizing the latitude and longitude of the northwest angle of
Nova Scotia, of the northwesternmost head of Connecticut River, and
of such other points of the said boundary as they may deem proper.
And both parties agree to consider such map and declaration as
finally and conclusively fixing the said boundary. And in the event
of the said two Commissioners differing, or both or either of them
refusing, declining, or wilfully omitting to act, such reports,
declarations, or statements shall be made by them, or either of them,
and such reference to a friendly sovereign or State shall be made in
all respects as in the latter part of the fourth article is
contained, and in as full a manner as if the same was herein
repeated.
Article
VI
Whereas
by the former Treaty of peace that portion of the boundary of the
United States from the point where the forty-fifth degree of north
latitude strikes the river Iroquois or Cataraquy to the Lake
Superior, was declared to be "along the middle of said river
into Lake Ontario, through the middle of said lake, until it strikes
the communication by water between that lake and Lake Erie, thence
along the middle of said communication into Lake Erie, through the
middle of said lake until it arrives at the water communication into
Lake Huron, thence through the middle of said lake to the water
communication between that lake and Lake Superior;" and
whereas doubts have arisen what was the middle of the said river,
lakes, and water communications, and whether certain islands lying in
the same were within the dominions of His Britannic Majesty or of the
United States: In order, therefore, finally to decide these doubts,
they shall be referred to two Commissioners, to be appointed, sworn,
and authorized to act exactly in the manner directed with respect to
those mentioned in the next preceding article, unless otherwise
specified in this present article. The said Commissioners shall meet,
in the first instance, at Albany, in the State of New York, and shall
have power to adjourn to such other place or places as they shall
think fit. The said Commissioners shall, by a report or declaration,
under their hands and seals, designate the boundary through the said
river, lakes, and water communications, and decide to which of the
two contracting parties the several islands lying within the said
rivers, lakes, and water communications, do respectively belong, in
conformity with the true intent of the said Treaty of one thousand
seven hundred and eighty-three. And both parties agree to consider
such designation and decision as final and conclusive. And in the
event of the said two Commissioners differing, or both or either of
them refusing, declining, or wilfully omitting to act, such reports,
declarations, or statements shall be made by them, or either of them,
and such reference to a friendly sovereign or State shall be made in
all respects as in the latter part of the fourth article is contained
and in as full a manner as if the same was herein repeated.
Article
VII
It
is further agreed that the said two last-mentioned Commissioners,
after they shall have executed the duties assigned to them in the
preceding article, shall be, and they are hereby, authorized upon
their oaths impartially to fix and determine, according to the true
intent of the said Treaty of peace of one thousand seven hundred and
eighty-three, that part of the boundary between the dominions of the
two Powers which extends from the water communication between Lake
Huron and Lake Superior, to the most northwestern point of the Lake
of the Woods, to decide to which of the two parties the several
islands lying in the lakes, water communications, and rivers, forming
the said boundary, do respectively belong, in conformity with the
true intent of the said Treaty of peace of one thousand seven hundred
and eighty-three; and to cause such parts of the said boundary as
require it to be surveyed and marked. The said Commissioners shall,
by a report or declaration under their hands and seals, designate the
boundary aforesaid, state their decision on the points thus referred
to them, and particularize the latitude and longitude of the most
northwestern point of the Lake of the Woods, and of such other parts
of the said boundary as they may deem proper. And both parties agree
to consider such designation and decision as final and conclusive.
And in the event of the said two Commissioners differing, or both or
either of them refusing, declining, or wilfully omitting to act, such
reports, declarations, or statements shall be made by them, or either
of them, and such reference to a friendly sovereign or state shall be
made in all respects as in the latter part of the fourth article is
contained, and in as full a manner as if the same was herein
repeated.
Article
VIII
The
several boards of two Commissioners mentioned in the four preceding
articles shall respectively have power to appoint a secretary, and to
employ such surveyors or other persons as they shall judge necessary.
Duplicates of all their respective reports, declarations, statements,
and decisions, and of their accounts, and of the journal of their
proceedings, shall be delivered by them to the agents of His
Britannic Majesty and to the agents of the United States, who may be
respectively appointed and authorized to manage the business on
behalf of their respective Governments. The said Commissioners shall
be respectively paid in such manner as shall be agreed between the
two contracting parties, such agreement being to be settled at the
time of the exchange of the ratifications of this Treaty. And all
other expenses attending the said commissions shall be defrayed
equally by the two parties. And in the case of death, sickness,
resignation, or necessary absence, the place of every such
Commissioner, respectively, shall be supplied in the same manner as
such Commissioner was first appointed, and the new Commissioner shall
take the same oath or affirmation, and do the same duties. It is
further agreed between the two contracting parties, that in case any
of the islands mentioned in any of the preceding articles, which were
in the possession of one of the parties prior to the commencement of
the present war between the two countries, should, by the decision of
any of the boards of commissioners aforesaid, or of the sovereign or
State so referred to, as in the four next preceding articles
contained, fall within the dominions of the other party, all grants
of land made previous to the commencement of the war, by the party
having had such possession, shall be as valid as if such island or
islands had, by such decision or decisions, been adjudged to be
within the dominions of the party having had such possession.
Article
IX
The
United States of America engage to put an end, immediately after the
ratification of the present Treaty, to hostilities with all the
tribes or nations of Indians with whom they may be at war at the time
of such ratification; and forthwith to restore to such tribes or
nations, respectively, all the possessions, rights, and privileges
which they may have enjoyed or been entitled to in one thousand eight
hundred and eleven, previous to such hostilities. Provided always
that such tribes or nations shall agree to desist from all
hostilities against the United States of America, their citizens and
subjects, upon the ratification of the present Treaty being notified
to such tribes or nations, and shall so desist accordingly. And his
Britannic Majesty engages, on his part, to put an end immediately
after the ratification of the present Treaty, to hostilities with all
the tribes or nations of Indians with whom he may be at war at the
time of such ratification, and forthwith to restore to such tribes or
nations respectively all the possessions, rights, and privileges
which they may have enjoyed or been entitled to in one thousand eight
hundred and eleven, previous to such hostilities. Provided always
that such tribes or nations shall agree to desist from all
hostilities against His Britannic Majesty, and his subjects, upon
ratification of the present Treaty being notified to such tribes or
nations, and shall so desist accordingly.
Article
X
Whereas
the traffic in slaves is irreconcilable with the principles of
humanity and justice, and whereas both His Majesty and the United
States are desirous of continuing their efforts to promote its entire
abolition, it is hereby agreed that both the contracting parties
shall use their best endeavours to accomplish so desirable an object.
Article
XI
This
Treaty, when the same shall have been ratified on both sides, without
alteration by either of the contracting parties, and the
ratifications mutually exchanged, shall be binding on both parties,
and the ratifications shall be exchanged at Washington, in the space
of four months from this day, or sooner if practicable.
In
faith whereof we, the respective Plenipotentiaries, have signed this
Treaty, and have thereunto affixed our seals. Done, in triplicate, at
Ghent, the twenty-fourth day of December, one thousand eight hundred
and fourteen.
Gambier
Henry Goulburn, William Adams, John Quincy Adams, J. A. Bayard, H.
Clay, John. Russell, Albert Gallatin
Footnote
7
These
are the words of a first-hand observer, Anthony Sherman, who was
there and describes the situation: "You doubtless heard the
story of Washington's going to the thicket to pray. Well, it is not
only true, but he used often to pray in secret for aid and comfort
from God, the interposition of whose Divine Providence brought us
safely through the darkest days of tribulation."
"One
day, I remember it well, when the chilly winds whistled through the
leafless trees, though the sky was cloudless and the Sun shown
brightly, he remained in his quarters nearly all the afternoon alone.
When he came out, I noticed that his face was a shade paler than
usual. There seemed to be something on his mind of more than ordinary
importance. Returning just after dusk, he dispatched an orderly to
the quarters who was presently in attendance. After a preliminary
conversation of about an hour, Washington, gazing upon his companion
with that strange look of dignity which he alone commanded, related
the event that occurred that day."
Washington's
Own Words
"`I
do not know whether it is owing to the anxiety of my mind, or what,
but this afternoon, as I was sitting at this table engaged in
preparing a dispatch, something seemed to disturb me. Looking up, I
beheld standing opposite me a singularly beautiful being. So
astonished was I, for I had given strict orders not to be disturbed,
that it was some moments before I found language to inquire the cause
of the visit. A second, a third, and even a fourth time did I repeat
the question, but received no answer from my mysterious visitor
except a slight raising of the eyes.
"`By
this time I felt strange sensations spreading through me. I would
have risen but the riveted gaze of the being before me rendered
volition impossible. I assayed once more to speak, but my tongue had
become useless, as though it had become paralyzed. A new influence,
mysterious, potent, irresistible, took possession of me. All I could
do was to gaze steadily, vacantly at my unknown visitor.
"`Gradually
the surrounding atmosphere seemed to fill with sensations, and grew
luminous. Everything about me seemed to rarefy, the mysterious
visitor also becoming more airy and yet more distinct to my eyes than
before. I began to feel as one dying, or rather to experience the
sensations which I have sometimes imagined accompany death. I did not
think, I did not reason, I did not move. All were alike impossible. I
was only conscious of gazing fixedly, vacantly at my companion.
"`Presently
I heard a voice saying, "Son of the Republic, look and learn,"
while at the same time my visitor extended an arm eastward. I now
beheld a heavy white vapor at some distance rising fold upon fold.
This gradually dissipated, and I looked upon a strange scene. Before
me lay spread out in one vast plain all the countries of the
world--Europe, Asia, Africa, and America. I saw rolling and tossing
between Europe and America the billows of the Atlantic, and between
Asia and America lay the Pacific. "Son of the Republic,' said
the same mysterious voice as before, 'look and learn."
"`At
that moment I beheld a dark, shadowy being, like an angel, standing,
or rather floating in mid-air, between Europe and America. Dipping
water out of the ocean in the hollow of each hand, he sprinkled some
upon America with his right hand, while with his left hand he cast
some on Europe. Immediately a cloud arose from these countries, and
joined in mid-ocean. For a while it seemed stationary, and then it
moved slowly westward, until it enveloped America in its murky folds.
Sharp flashes of lightning gleamed through it at intervals, and I
heard the smothered groans and cries of the American people.
"A
second time the angel dipped water from the ocean, and sprinkled it
out as before. The dark cloud was then drawn back to the ocean, in
whose heaving billows it sank from view.
"`A
third time I heard the mysterious visitor saying, "Son of the
Republic, look and learn," I cast my eyes upon America and
beheld villages, towns, and cities springing up one after another
until the whole land from the Atlantic to the Pacific was dotted with
them. Again, I heard the mysterious voice say, "Son of the
Republic, the end of the century cometh, look and learn."
"`And
this the dark shadowy angel turned his face southward. From Africa I
saw an ill-omened specter approach our land. It flitted slowly over
every town and city of the latter. The inhabitants presently set
themselves in battle array against each other. As I continued looking
I saw a bright angel on whose brow rested a crown of light, on which
was traced the word "Union." He bearing the American flag.
He placed the flag between the divided nation, and said, "Remember
ye are brethren."
"`Instantly,
the inhabitants, casting down their weapons, became friends once more
and united around the National Standard. "`And again I heard the
mysterious voice saying, "Son of the Republic, look and learn."
At this the dark, shadowy angel placed a trumpet to his mouth, and
blew three distinct blasts; and taking water from the ocean, he
sprinkled it upon Europe, Asia, and Africa.
"`Then
my eyes beheld a fearful scene. From each of these countries arose
thick, black clouds that were soon joined into one. And through this
mass there gleamed a dark red light by which I saw hordes of armed
men. These men, moving with the cloud, marched by land and sailed by
sea to America, which country was enveloped in this volume of the
cloud. And I dimly saw these vast armies devastate the whole country
and burn the villages, towns, and cities that I beheld springing up.
"`As
my ears listened to the thundering of the cannon, clashing of swords,
and the shouts and cries of millions in mortal combat, I heard again
the mysterious voice saying, "Son of the Republic, look and
learn." When the voice had ceased, the dark shadowy angel placed
his trumpet once more to his mouth, and blew a long fearful blast.
"`Instantly
a light as of a thousand suns shone down from above me, and pierced
and broke into fragments the dark clouds which enveloped America. At
the same moment the angel upon whose head still shone the word
"Union," and who bore our national flag in one hand and a
sword in the other, descended from the heavens attended by legions of
white spirits. These immediately joined the inhabitants of America,
who I perceived were well-nigh overcome, but who immediately taking
courage again, closed up their broken ranks and renewed the battle.
"Again,
amid the fearful noise of the conflict I heard the mysterious voice
saying, "Son of the Republic, look and learn." As the voice
ceased, the shadowy angel for the last time dipped water from the
ocean and sprinkled it upon America. Instantly the dark cloud rolled
back, together with the armies it had brought, leaving the
inhabitants of the land victorious.
"`Then
once more I beheld the villages, towns and cities springing up where
I had seen them before, while the bright angel, planting the azure
standard he had brought in the midst of them, cried with a loud
voice: "While the stars remain, and the heavens send down dew
upon the earth, so long shall the Union last." And taking from
his brow the crown on which blazoned the word "Union," he
placed it upon the Standard while the people kneeling down said,
"Amen."
"`The
scene instantly began to fade and dissolve, and I at last saw nothing
but the rising, curling vapor I at first beheld. This also
disappeared, I found myself once more gazing upon the mysterious
visitor, who, in the same voice I had heard before, said, "Son
of the Republic, what you have seen is thus interpreted.
Three
great perils will come upon the Republic. The most fearful for her is
the third. But the whole world united shall not prevail against her.
Let every child of the Republic learn to live for his God, his land
and Union. With these words the vision vanished, and I started from
my seat and felt that I had seen a vision wherein had been shown me
the birth, progress, and destiny of the United States."
Thus
ended General George Washington's vision and prophecy for the United
States of America as told in his own words.
Footnote
8
"In
Title 1, Section 1 it says: The actions, regulations, rules,
licenses, orders and proclamations heretofore or hereafter taken,
promulgated, made, or issued by the President of the United States or
the Secretary of the Treasury since March 4, 1933, pursuant to the
authority conferred by subdivision (b) of section 5 of the Act of
October 6, 1917, as amended, are hereby approved and confirmed."
"Section
2. Subdivision (b) of section 5 of the Act of October 6, 1917, (40
Stat. L. 411), as amended, is hereby amended to read as follows:
emergency declared by the President, the President may, through any
agency that he may designate, or otherwise, investigate, regulate, or
prohibit, under such rules and regulations as he may prescribe, by
means of licenses or otherwise, any transactions in foreign exchange,
transfers of credit between or payments by banking institutions as
defined by the President, and export, hoarding, melting, or
earmarking of gold or silver coin or bullion or currency, BY ANY
PERSON WITHIN THE UNITED STATES OR ANY PLACE SUBJECT TO THE
JURISDICTION THEREOF."
Here
is the legal phrase subject to the jurisdiction thereof, but at law
this refers to alien enemy and also applies to Fourteenth Amendment
citizens:
"As
these words are used in the first section of the Fourteenth Amendment
of the Federal Constitution, providing for the citizenship of all
persons born or naturalized in the United States and subject to the
jurisdiction thereof, the purpose would appear to have been to
exclude by the fewest words (besides children of members of the
Indian tribes, standing in a peculiar relation to the National
Government, unknown to the common Law), the two classes of cases,
children born of *ALIEN ENEMIES(emphasis mine), in hostile
occupation, and children of diplomatic representatives of a foreign
state, both of which, by the law of England and by our own law, from
the time of the first settlement of the English colonies in America,
had been recognized exceptions to the fundamental rule of citizenship
by birth within the country."
United States v Wong Kim Ark, 169 US 649, 682, 42 L Ed 890, 902, 18 S Ct 456. Ballentine's Law Dictionary
United States v Wong Kim Ark, 169 US 649, 682, 42 L Ed 890, 902, 18 S Ct 456. Ballentine's Law Dictionary
Congressman
Beck had this to say about the War Powers Act:
"I think of all the damnable heresies that have ever been suggested in connection with the Constitution, the doctrine of emergency is the worst. It means that when Congress declares an emergency there is no Constitution. This means its death... But the Constitution of the United States, as a restraining influence in keeping the federal government within the carefully prescribed channels of power, is moribund, if not dead. We are witnessing its death-agonies, for when this bill becomes a law, if unhappily it becomes law, there is no longer any workable Constitution to keep the Congress within the limits of its constitutional powers."
(Congressman James Beck in Congressional Record 1933)
"I think of all the damnable heresies that have ever been suggested in connection with the Constitution, the doctrine of emergency is the worst. It means that when Congress declares an emergency there is no Constitution. This means its death... But the Constitution of the United States, as a restraining influence in keeping the federal government within the carefully prescribed channels of power, is moribund, if not dead. We are witnessing its death-agonies, for when this bill becomes a law, if unhappily it becomes law, there is no longer any workable Constitution to keep the Congress within the limits of its constitutional powers."
(Congressman James Beck in Congressional Record 1933)
The
phrase Alien Enemy is defined in Bouvier's Law Dictionary as: One who
owes allegiance to the adverse belligerent. 1 Kent 73. He who owes a
temporary but not a permanent allegiance is an alien enemy in respect
to acts done during such temporary allegiance only; and when his
allegiance terminates, his hostile character terminates also; 1 B. &
P. 163.
Alien
enemies are said to have no rights, no privileges, unless by the
king's special favor, during time of war; 1 Bla. Com. 372;
Bynkershoek 195; 8 Term 166. [Remember we've been under a declared
state of war since October 6, 1917, as amended March 9, 1933 to
include every United States citizen.]
"The
phrase Alien Enemy is defined in Words and Phrases as:
Residence of person in territory of nation at war with United States was sufficient to characterize him as "alien enemy" within Trading with the Enemy Act, even if he had acquired and retained American citizenship."
Matarrese v. Matarrese, 59 A.2d 262, 265, 142 N.J. Eq. 226.
Residence of person in territory of nation at war with United States was sufficient to characterize him as "alien enemy" within Trading with the Enemy Act, even if he had acquired and retained American citizenship."
Matarrese v. Matarrese, 59 A.2d 262, 265, 142 N.J. Eq. 226.
"Residence
or doing business in a hostile territory is the test of an "alien
enemy: within meaning of Trading with the Enemy Act and Executive
Orders thereunder." Executive Order March 11, 1942, No. 9095, as
amended, 50 U.S.C.A. Appendix 6; Trading with the Enemy Act 5 (b).
In re Oneida Nat. Bank & Trust Co. of Utica, 53 N.Y.S. 2d. 416, 420, 421, 183 Misc. 374.
In re Oneida Nat. Bank & Trust Co. of Utica, 53 N.Y.S. 2d. 416, 420, 421, 183 Misc. 374.
"By
the modern phrase, a man who resides under the allegiance and
protection of a hostile state for commercial purposes is to be
considered to all civil purposes as much an `alien enemy' as if he
were born there."
Hutchinson v. Brock, 11 Mass. 119, 122.
Hutchinson v. Brock, 11 Mass. 119, 122.
"The
trading with the enemy Act, originally and as amended, in strictly a
war measure, and finds its sanction in the provision empowering
Congress "to declare war, grant letters of Marque and reprisal,
and make rules concerning captures on land and water."
Stoehr v. Wallace 255 U.S.
Stoehr v. Wallace 255 U.S.
James
Montgomery
08/05/96
Knowledge
is Freedom BBS
1-910-869-0780
24HR.
28,000
Baud
James
Brought up the term residence and my research has brought forth the
following which is why the gov't wants you to declare yourself as a
"resident." Resident has one purpose in tax law and
commercial law. Resident is the opposite of non-resident, "Resident"
is legally defined in United States v. Penelope, 27 Fed. Case No.
16024, which states: "But admitting that the common acceptance
of the word and its legal technical meaning are different, we must
presume that Congress meant to adopt the latter.", page 487.
"But this is a highly penal act, and must have strict
construction. * * * The question seems to be whether they inserted
'resident' without the legal meaning generally affixed to it. If they
have omitted to express their meaning, we cannot supply it.",
page 489.
Ask
yourself this question, has the State or United States, in their tax
statutes, defined the word "resident" in its legal
technical meaning? The Penelope Court stated the legal meaning of the
term "resident" at page 489: "In the case of Hylton v.
Brown [Case No. 6,981] in the Circuit Court, and cases in this court,
the following has always been my definition of the words 'resident,'
or 'inhabitant,' which in my view, means the same thing. An
inhabitant, or resident, is a person coming into a place with an
intention to establish his domicile, or per-manent residence: under
this intention he takes a house, or lodgings, as one fixed and
stationary, and opens a store or takes any step preparatory to do
business or in execution of this settled intention." [Emphasis
added ]
The
other legal definition for "resident" can be found in
Jowitt's English Law Dictionary, 1977 edition which states;
"RESIDENT, An agent, minister or officer residing in any distant
place with the dignity of an ambassador: the chief representative of
government at certain princely states; Residents are as class of
public ministers inferior to ambassadors and envoys, but, like them,
they are protected under the law of nations."
This
bears out James' work that the resident, who is a government agent,
official, etc., is doing business for the British Crown to collect
the debt of those residents who are claiming citizenship of the
States or United States because that would make them subjects liable
to pay the pecuniary contribution, disguised as a "Gross Income
Tax," to the Crown.
The United States
is Still a British Colony
PART II
Bend Over America
It's not an easy
thing having to tell someone they have been conned into believing
they are free. For some, to accept this is comparable to denying God
Almighty.
You have to be
made to understand that the United States is a corporation, which is
a continuation of the corporate Charters created by the king of
England. And that the states upon ratifying their individual State
constitutions, became sub corporations under and subordinate to the
United States. The counties and municipalities became sub
corporations under the State Charters. It is my duty to report
further evidence concerning the claims I made in "The United
States is Still a British Colony, part 1."
I have always
used a copy of the North Carolina Constitution provided by the State,
I should have known better to take this as the finial authority. To
my knowledge the following quote has not been in the Constitution the
State hands out or those in use in the schools. The 1776 North
Carolina Constitution created a new corporate Charter, and declared
our individual freedoms. However, the same corporate Charter,
reserved the king's title to the land, which restored, and did not
diminish, his grants that were made in his early Charters. If you
remember, I made the claim that legally we are still subject to the
king. In the below quote you will see that the king declares our
taxation will be forever, and that a fourth of all gold and silver
will be returned to him.
"YIELDlNG
AND PAYING yearly, to us, our heirs and Successors, for the same, the
yearly Rent of Twenty Marks of Lawful money of England, at the Feast
of All Saints, yearly, forever, The First payment thereof to begin
and be made on the Feast of All Saints which shall be in the year of
Our Lord One thousand six hundred Sixty and five; AND also, the
fourth part of all Gold and Silver Ore which, with the limits
aforesaid, shall, from time to time, happen to be found."
(Feast of All
Saints occurred November 1 of each year.)
The Carolina
Charter, 1663 footnote #5
I know Patriots
will have a hard time with this, because as I said earlier, they
would have to deny what they have been taught from an early age. You
have to continue to go back in historical documents and see if what
you have been taught is correct. The following quote is from section
25 of the 1776 North Carolina Constitution, Declaration of Rights.
And provided
further, that nothing herein contained shall affect the titles or
possessions of individuals holding or claiming under the laws
heretofore in force, or grants heretofore made by the late King
George II, or his predecessors, or the late lords proprietors, or any
of them.
Declaration of
Rights 1776, North Carolina Constitution, Footnote #8
Can it be any
plainer? Nobody reads, they take what is told to them by their
schools and government as gospel, and never look any further. They
are quick to attack anyone that does because it threatens their way
of life, rocks the boat in other words. Read the following quote from
a court case:
"* * *
definition given by Blackstone, vol. 2, p. 244. I shall therefore
only cite that respectable authority in his own words: "Escheat,
we may remember, was one of the fruits and consequences of feudal
tenure; the word itself is originally French or Norman, in which
language it signifies chance or accident, and with us denotes an
obstruction of the course of descent, and a consequent determination
of the tenure by some unforeseen contingency, in which case the
estate naturally results back, by a kind of reversion, to the
original grantor, or lord of the fee."
Every person
knows in what manner the citizens acquired the property of the soil
within the limits of this State. Being dissatisfied with the measures
of the British Government, they revolted from it, assumed the
government into their own hands, seized and took possession of all
the estates of the King of Great Britain and his subjects,
appropriated them to their own use, and defended their possessions
against the claims of Great Britain, during a long and bloody war,
and finally obtained a relinquishment of those claims by the treaty
of Paris. But this State had no title to the territory prior to the
title of the King of Great Britain and his subjects, nor did it ever
claim as lord paramount to them. This State was not the original
grantor to them, nor did they ever hold by any kind of tenure under
the State, or owe it any allegiance or other duties to which an
escheat is annexed. How then can it be said that the lands in this
case naturally result back by a kind of reversion to this State, to a
source from whence it never issued, and from tenants who never held
under it? Might it not be stated with equal propriety that this
country escheated to the King of Great Britain from the Aborigines,
when he drove them off, and took and maintained possession of their
country? At the time of the revolution, and before the Declaration of
Independence, the collective body of the people had neither right to
nor possession of the territory of this State; it is true some
individuals had a right to, and were in possession of certain
portions of it, which they held under grants from the King of Great
Britain; but they did not hold, nor did any of his subjects hold,
under the collective body of the people, who had no power to grant
any part of it. After the Declaration of Independence and the
establishment of the Constitution, the people may be said first to
have taken possession of this country, at least so much of it as was
not previously appropriated to individuals. Then their sovereignty
commenced, and with it a right to all the property not previously
vested in individual citizens, with all the other rights of
sovereignty, and among those the right of escheats. This sovereignty
did not accrue to them by escheat, but by conquest, from the King of
Great Britain and his subjects; but they acquired nothing by that
means from the citizens of the State Ä each individual had, under
this view of the case, a right to retain his private property,
independent of the reservation in the declaration of rights; but if
there could be any doubt on that head, it is clearly explained and
obviated by the proviso in that instrument. Therefore, whether the
State took by right of conquest or escheat, all the interest which
the U. K. had previous to the Declaration of Independence still
remained with them, on every principle of law and equity, because
they are purchasers for a valuable consideration, and being in
possession as cestui que trust under the statute for transferring
uses into possession; and citizens of this State, at the time of the
Declaration of Independence, and at the time of making the
declaration of rights, their interest is secured to them beyond the
reach of any Act of Assembly; neither can it be affected by any
principle arising from the doctrine of escheats, supposing, what I do
not admit, that the State took by escheat."
MARSHALL v.
LOVELESS, 1 N.C. 412 (1801), 2 S.A. 70
There was no way
we could have had a perfected title to this land. Once we had won the
Revolutionary War we would had to have had an unconditional surrender
by the king, this did not take place. Not what took place at
Yorktown, when we let the king off the hook. Barring this, the king
would have to had sold us this land, for us to have a perfected
title, just as the Indians sold their land to the king, or the eight
Carolina Proprietors sold Carolina back to the king. The treaty of
1783 did not remove his claim and original title, because he kept the
minerals. This was no different than when king Charles II gave
Carolina by Charter to the lords that helped put him back in power;
compare them and you will see the end result is the same. The Charter
to the lords is footnote #6, where eight proprietors were given title
to the land, but the king retained the money and sovereignty for his
heirs. The king could not just give up America to the colonialist,
nor would he. He would violate his own law of Mortmain to put these
lands in dead hands, no longer to be able to be used by himself, or
his heirs and successors. He would also be guilty of harming his
heirs and successors, by giving away that which he declared in the
following quotes, and there are similar quotes in the other Charters:
"SAVING
always, the Faith, Allegiance, and Sovereign Dominion due to us, our
heirs and Successors, for the same; and Saving also, the right,
title, and interest of all and every our Subjects of the English
Nation which are now Planted within the Limits bounds aforesaid, if
any be;..." The Carolina Charter, 1663 footnote #5
"KNOW YE,
that We, of our further grace, certain knowledge, and mere motion,
HAVE thought fit to Erect the same Tract of Ground, Country, and
Island into a Province, and, out of the fullness of our Royal power
and Prerogative, WE Do, for us, our heirs and Successors, Erect,
Incorporate, and Ordain the same into a province, and do call it the
Province of CAROLINA, and so from henceforth will have it called..."
The Carolina Charter, 1663 footnote #5
The Carolina Charter, 1663 footnote #5
The U.S.
Constitution is a treaty between the states creating a corporation
for the king. In the below quote pay attention to the large "S"
State and the small "s" state. The large "S"
State is referring to the corporate State and it's sovereignty over
the small "s" state, because of the treaty.
Read the
following quote:
"Headnote 5.
Besides, the treaty of 1783 was declared by an Act of Assembly of
this State passed in 1787, to be law in this State, and this State by
adopting the Constitution of the United States in 1789, declared the
treaty to be the supreme law of the land. The treaty now under
consideration was made, on the part of the United States, by a
Congress composed of deputies from each state, to whom were delegated
by the articles of confederation, expressly, "the sole and
exclusive right and power of entering into treaties and alliances";
and being ratified and made by them, it became a complete national
act, and the act and law of every state.
If, however, a
subsequent sanction of this State was at all necessary to make the
treaty law here, it has been had and repeated. By a statute passed in
1787, the treaty was declared to be law in this State, and the courts
of law and equity were enjoined to govern their decisions
accordingly. And in 1789 was adopted here the present Constitution of
the United States, which declared that all treaties made, or which
should be made under the authority of the United States, should be
the supreme law of the land; and that the judges in every state
should be bound thereby; anything in the Constitution or laws of any
state to the contrary not withstanding. Surely, then, the treaty is
now law in this State, and the confiscation act, so far as the treaty
interferes with it, is annulled."
"By an act
of the Legislature of North Carolina, passed in April, 1777, it was,
among other things, enacted, "That all persons, being subjects
of this State, and now living therein, or who shall hereafter come to
live therein, who have traded immediately to Great Britain or
Ireland, within ten years last past, in their own right, or acted as
factors, storekeepers, or agents here, or in any of the United States
of America, for merchants residing in Great Britain or Ireland, shall
take an oath of abjuration and allegiance, or depart out of the
State."
Treaties are the
"Law of the Land" HAMILTON v. EATEN, 1 N.C. 641(1796),
HAMILTON v. EATEN. Ä 2 Mart., 1. U.S. Circuit Court. (June Term,
1796.)
Your presence in
the State makes you subject to its laws, read the following quote:
"The states
are to be considered, with respect to each other, as independent
sovereignties, possessing powers completely adequate to their own
government, in the exercise of which they are limited only by the
nature and objects of government, by their respective constitutions
and by that of the United States. Crimes and misdemeanors committed
within the limits of each are punishable only by the jurisdiction of
that state where they arise; for the right of punishing, being
founded upon the consent of the citizens, express or implied, cannot
be directed against those who never were citizens, and who likewise
committed the offense beyond the territorial limits of the state
claiming jurisdiction. Our Legislature may define and punish crimes
committed within the State, whether by citizen or strangers; because
the former are supposed to have consented to all laws made by the
Legislature, and the latter, whether their residence be temporary or
permanent, do impliedly agree to yield obedience to all such laws as
long as they remain in the State;"
STATE v. KNIGHT,
1 N.C. 143 (1799), 2 S.A. 70
Do you understand
now? The treaty, the corporate Charter, the North Carolina
Constitution, by proxy of the electorates, created residence in the
large "S" State. Not by some further act you made. So how
can expatriation from the United States, remove your residence in The
"State", which was created by treaty, ratified by our Fore
Fathers. As soon as the corporate Charter (treaty) was ratified we
returned to subjection to the king of England, through the legal
residence created by the treaty. Remember in the quote I gave
earlier, by treaty we recanted our declared freedom, and returned to
the king his sovereignty and title. In the following quote you will
see that the State supreme court sits by being placed by the general
assembly:
NC Supreme Court
History Supreme Court of North Carolina A Brief History:
"The legal
and historical origins of the Supreme Court of North Carolina lie in
the State Constitution of 1776, which empowered the General Assembly
to appoint; Judges of the Supreme Courts of Law and Equity; and;
Judges of Admiralty.....The first meeting of the Court took place on
January 1, 1819. The Court began holding two sittings, or ; terms, ;
a year, the first beginning on the second Monday in June and the
second on the last Monday in December. This schedule endured until
the Constitution of 1868 prescribed the first Mondays in January and
July for the sittings. Vacancies on the Court were filled temporarily
by the Governor, with the assistance and advice of the Council of
State, until the end of the next session of the state General
Assembly."
From the
internet, address can be made available.
Council of State
What is the
Council of State, and where did it originate?
III. "The
one of which councils, to be called the council of state (and whose
office shall chiefly be assisting, with their care, advice, and
circumspection, to the said governor) shall be chosen, nominated,
placed, and displaced, from time to time, by us the said treasurer,
council and company, and our successors: which council of state shall
consist, for the present only of these persons, as are here
inserted,..."
IV. "The
other council, more generally to be called by the governor, once
yearly, and no oftener, but for very extraordinary and important
occasions, shall consist for the present, of the said council of
state, and of two burgesses out of every town, hundred, or other
particular plantation, to be respectively chosen by the inhabitants:
which council shall be called The General Assembly, wherein (as also
in the said council of state) all matters shall be decided,
determined, and ordered by the greater part of the voices then
present; reserving to the governor always a negative voice. And this
general assembly shall have free power, to treat, consult, and
conclude, as well of all emergent occasions concerning the public
weal of the said colony and every part thereof, as also to make,
ordain, and enact such general laws and orders, for the behoof of the
said colony, and the good government thereof, as shall, from time to
time, appear necessary or requisite;..." An Ordinance and
Constitution of the Virginia Company in England. Footnote #4
The job of the
1st Council of State was to make sure the governor followed the
king's wishes. The 2nd was the general assembly, the laws they passed
had to conform to the king's law.
Read the
following quote:
V. Whereas in all
other things, we require the said general assembly, as also the said
council of state, to imitate and follow the policy of the form of
government, laws, customs, and manner of trial, and other
administration of justice, used in the realm of England, as near as
may be even as ourselves, by his majesty's letters patent, are
required.
VI. Provided,
that no law or ordinance, made in the said general assembly, shall be
or continue in force or validity, unless the same shall be solemnly
ratified and confirmed, in a general quarter court of the said
company here in England, and so ratified, be returned to them under
our seal; it being our intent to afford the like measure also unto
the said colony, that after the government of the said colony shall
once have been well framed, and settled accordingly, which is to be
done by us, as by authority derived from his majesty, and the same
shall have been so by us declared, no orders of court afterwards,
shall bind the said colony, unless they be ratified in like manner in
the general assemblies. In witness whereof we have hereunto set our
common seal the 24th of July, 1621. . . .An Ordinance and
Constitution of the Virginia Company in England. footnote #4
The Council of
State still exists to day, although it has been modified several
times. The first major change came in the 1776, North Carolina
Constitution, read the below quotes:
16. "That
the senate and house of commons, jointly, at their first meeting,
after each annual election, shall, by ballot, elect seven persons to
be a council of state for one year; who shall advise the governor in
the execution of his office; and that four members shall be a quorum;
their advice and proceedings shall be entered in a journal, to be
kept for that purpose only, and signed by the members present; to any
part of which any member present may enter his dissent. And such
journal shall be laid before the general assembly when called for by
them." footnote #9
19. "The
governor, for the time being, shall have power to draw for and apply
such sums of money as shall be voted by the general assembly, for the
contingencies of government, and be accountable to them for the same.
He also may, by and with the advice of the council of state, lay
embargoes, or prohibit the exportation of any commodity, for any term
not exceeding thirty days, at any one time in the recess of the
general assembly; and shall have the power of granting pardons and
reprieves, except where the prosecution shall be carried on by the
general assembly, or the law shall otherwise direct; in which case,
he may, in the recess, grant a reprieve until the next sitting of the
general assembly; and he may exercise all the other executive powers
of government, limited and restrained, as by this constitution is
mentioned, and according to the laws of the State. And, on his death,
inability, or absence from the State, the speaker of the senate, for
the time being, and in case of his death, inability, or absence from
the State, the speaker of the house of commons, shall exercise the
powers of government, after such death, or during such absence or
inability of the governor, or speaker of the senate, or until a new
nomination is made by the general assembly." footnote #9
20. "That,
in every case, where any officer, the right of whose appointment is,
by this constitution, vested in the general assembly, shall, during
their recess, die, or his office by other means become vacant, the
governor shall have power, with the advice of the council of State,
to fill up such vacancy, by granting a temporary commission, which
shall expire at the end of the next session of the general assembly."
footnote #9
Also take notice
who was not allowed to serve as Council of State:
26. "That no
treasurer shall have a seat, either in the senate, house of commons,
or council of state, during his continuance in that office, or before
he shall have finally settled his accounts with the public, for all
the moneys which may be in his hands, at the expiration of his
office, belonging to the State, and hath paid the same into the hands
of the succeeding treasurer."
27. "That no
officer in the regular army or navy, in the service and pay of the
United States, of this State or any other State, nor any contractor
or agent for supplying such army or navy with clothing or provisions,
shall have a seat either in the senate, house of commons, or council
of state, or be eligible thereto; and any member of the senate, house
of commons, or council of state, being appointed to,and accepting of
such office, shall thereby vacate his seat."
28. "That no
member of the council of state shall have a seat, either in the
senate or house of commons."
30. "That no
secretary of this State, attorney-general, or clerk of any court of
record, shall have a seat in the senate, house of commons, or council
of state." footnote #9
The king
continued to rule through the Council of State until several things
were in place, his bank, his laws and tradition. The king succeeded
by the acceptance of the American people that they were free, along
with the whole of our history not being taught in our schools. The
next change to the Council of State came at the conquest of this
country, I referred to this in part 1, and in A Country Defeated In
Victory.
Read this quote
from the 1868 North Carolina constitution, Article 3, sec 14:
SEC. 14. "The
Secretary of State, Auditor, Treasurer, Superintendent of Public
Works, and Superintendent of Public Instruction, shall constitute ex
officio, the Council of State, who shall advise the Governor in the
execution of his office, and three of whom shall constitute a quorum;
their advice and proceedings in this capacity shall be entered in a
Journal, to be kept for this purpose exclusively, and signed by the
members present, from any part of which any member may enter his
dissent; and such journal shall be placed before the General Assembly
when called for by either House. The Attorney General shall be, ex
offici, the legal adviser of the Executive Department." footnote
#10
After the Civil
War, the conquest of America, you see those that were allowed to be
Council of State, were elected officials. Under the 1776 North
Carolina Constitution, it wasunlawful for these elected officials to
be Council of State. Why? Because, the king could not trust the
common man to obey him, now that they thought they were free. After
the Civil War the Council of State was no longer needed to fulfill
the public policy of the king, the Council of State still exists
today, but in a reduced capacity as far as the king goes. Now he had
the 14th Amendment, his lawyers in the government, his bankers in
control of the governments money, and above all greed that causes
most in office to continue the status quo.
The Federal
Reserve, Taxes and Tax Court
What I will show
you next will shock you. I made brief mention in part 1, that taxes
paid in this country were under treaty to the king of England. How
about if I told you that the law that created our taxes and this
countries tax court go back in history to William the Conqueror. And
to further help you understand the below definitions, exchequer is
the British branch of the Federal Reserve.
Exchequer: "The
English department of revenue. A very ancient court of record, set up
by William the Conqueror, as a part of the aula regia, and intended
principally to order the revenues of the crown, and to recover the
king's debts and duties. It was called exchequer, "scaccharium,"
from the checked cloth, resembling a chessboard, which covers the
table." Ballentine's Law Dictionary
Exchequer: "That
department of the English government which has charge of the
collection of the national revenue; the treasury department."
Black's Law Dictionary 4th ed.
Exchequer: "In
English Law. A department of the government which has the management
of the collection of the king's revenue." Bouvier's Law
Dictionary 1914 ed.
Court of
Exchequer: "56.The court of exchequer is inferior in rank not
only to the court of king's bench, but to the common pleas also: but
I have chosen to consider it in this order, on account of its double
capacity, as a court of law and a court of equity [44] also. It is a
very ancient court of record, set up by William the Conqueror, as a
part of the aula regia, through regulated and reduced to its present
order by King Edward I; and intended principally to order the
revenues of the crown, and to recover the king's debts and duties. It
is called the exchequer, scaccharium, from the chequed cloth,
resembling a chess-board, which covers the table there; and on which,
when certain of the king's accounts are made up, the sums are marked
and scored with counters. It consists of two divisions; the receipt
of the exchequer, which manages to royal revenue, and with which
these Commentaries have no concern; and the court or judicial part of
it, which is again subdivided into a court of equity, and a court of
common law."
Black Stone
Commentaries Book III, pg 1554
Court of
Exchequer: "An English superior court with jurisdiction of
matter of law and matters involving government revenue."
Ballentine's Law Dictionary
Court of
Exchequer: "A court for the correction and prevention of errors
of law in the three superior common-law courts of the kingdom.
A court of
exchequer chamber was first erected by statute 31 Edw. III. C. 12, to
determine causes upon writs of error from the common-law side of the
exchequer court. It consisted of the chancellor, treasurer, and the
"justices and other sage persons as to them seemeth." The
judges were merely assistants. A second court of exchequer chamber
was instituted by statute 27 Eliz. C. 8, consisting of the justices
of the common pleas and the exchequer, or any six of them, which had
jurisdiction in error of cases in the king's bench. In exchequer
chamber substituted in their place as an intermediate court of appeal
between the three common-law courts and Parliament. It consisted of
the judges of the two courts which had not rendered the judgement in
the court below. It is now merged in the High Court of Justice."
Bouvier's Law
Dictionary 1914 ed.
It gets worse,
are you just a little ticked off, or maybe you are starting to
question what you have been taught all these years? It's time to wake
up America!
If you'll look at
the Judiciary Act of 1789 (I know most won't take time to read it),
you'll see that all district courts are admiralty courts. This is the
king's court of commerce, in which he is the plaintiff, recovering
damages done against him, or what belongs to him.
The equity court
of the exchequer: "57. The court of equity is held in the
exchequer chamber before the lord treasurer, the chancellor of the
exchequer, the chief baron, and three puisne' ones. These Mr. Selden
conjectures to have been anciently made out of such as were barons of
the kingdom, or parliamentary barons; and thence to have derived
their name: which conjecture receives great strength form Bracton's
explanation of magna carta, c.14, which directs that the earls and
barons be amerced by their peers; that is, says he, by the barons of
the exchequer. The primary and original business of this court is to
call the king's debtors to account, by bill filed by the attorney
general; and to recover any lands, tenements, or hereitaments, any
goods, chattels, or other profits or benefits, belonging to the
crown. So that by their original constitution the jurisdiction of the
courts of common pleas, king's bench, and exchequer, was entirely
separate and distinct; the common pleas being intended to decide all
controversies between subject and subject; the king's bench to
correct all crimes and misdemeanors that amount to a breach of the
peace, the king being then the plaintiff, as such offenses are in
open derogation of the jura regalia (regal rights) of his crown; and
the exchequer to adjust [45] and recover his revenue, wherein the
king also is plaintiff, as the withholding and nonpayment thereof is
an injury to his jura fiscalia (fisical rights). But, as by a fiction
almost all sorts of civil actions are now allowed to be brought in
the king's bench, in like manner by another fiction all kinds of
personal suits may be prosecuted in the court of exchequer. For as
all the officers and ministers of this court have, like those of
other superior courts, the privilege of suing and being sued only in
their own court; so exchequer, are privileged to sue and implead all
manner of persons in the same court of equity that they themselves
are called into. They have likewise privilege to sue and implead one
another, or any stranger, in the same kind of common-law actions
(where the personalty only is concerned) as are prosecuted in the
court of common pleas."
Black Stone
Commentaries Book III, pg 1554
The common-law
court of the exchequer: "58. This gives original to the
common-law part of their jurisdiction, which was established merely
for the benefit of the king's accountants, and is exercised by the
barons only of the exchequer, and not the treasurer or chancellor.
The writ upon which the plaintiff suggests that he is the king's
farmer or debtor, and that the defendant hath done him the injury or
damage complained of; quo minus sufficient exist, by which he is the
less able, to pay the king his debt or rent. And these suits are
expressly directed, by what is called the statute of Rutland, to be
confined to such matters only as specially concern the king or his
ministers of the exchequer. And by the articuli super cartas it is
enacted that no common pleas be thenceforth holden in the exchequer,
contrary to the form of the great charter. But not, by the suggestion
of privilege, any person may be admitted to sue in the exchequer as
well as the king's accountant. The surmise of being debtor to the
king is therefore become matter of form and mere words of course, and
the court is open to allthe nation equally. The same holds with
regard to the equity side of the court: for there any person may file
[46] a bill against another upon a bare suggestion that he is the
king's accountant; but whether he is so or not is never controverted.
In this court, on the nonpayment of titles; in which case the surmise
of being the king's debtor is no fiction, they being bound to pay him
their first-fruits, and annual tenths. But the chancery has of late
years obtained a large share in this business."
Black Stone
Commentaries Book III, pg 1555
Definition of a
legal fiction: For a discussion of fictions in law, see chapter II of
Maine's Ancient Law, and Pollock's note D in his edition of the
Ancient Law. Blackstone gives illustrations of legal fictions on
pages 43, 45, 153, 203 of this book. Mr Justice Curtis (Jurisdiction
of United States Courts, 2d ed., 148) gives the following instance of
a fiction in our practice:
"A suit by
or against a corporation in its corporate name may be presumed to be
a suit by or against citizens of the state which created the
corporate body, and no averment or denial to the contrary is
admissible for the purpose of withdrawing the suit from the
jurisdiction of a court of the United States.
There is the
Roman fiction: The court first decides the law, presumes all the
members are citizens of the state which created the corporation, and
then says, `you shall not traverse that presumption'; and that is the
law now. (Authors note-by your residence you are incorporated) Under
it, the courts of the United States constantly entertain suits by or
against corporations. (Muller v. Dows, 94 U. S. 444, 24 L. Ed. 207.)
It has been so frequently settled, that there is not the slightest
reason to suppose that it will ever be departed from by the court. It
has been repeated over and over again in subsequent decisions; and
the supreme court seem entirely satisfied that it is the right ground
to stand upon; and, as I am now going to state to you, they have
applied it in some cases which go beyond, much beyond, these
decisions to which I have referred.
So that when a
suit is to be brought in a court of the United States by or against a
corporation, by reason of the character of the parties, you have only
to say that this corporation (after naming it correctly) was created
by a law of the state; and that is exactly the same in its
consequences as if you could allege, and did allege, that the
corporation was a citizen of that state. According to the present
decisions, it is not necessary you should say that the members of
that corporation are citizens of Massachusetts. They have passed
beyond that. You have only to say that the corporation was created by
a law of the state of Massachusetts, and has its principal place of
business in that state; and that makes it, for the purposes of
jurisdiction, the same as if it were a citizen of that state"
See Pound, Readings in Roman Law, 95n. Black Stone Commentaries Book
III, pg 1553
Combine this with
what I said earlier concerning power of the treaty and it's creation
of the corporate State, and you now know why you are not allowed to
challenge residence or subjection in the State Courts. And because of
the treaty, residence in the State is synonymous with residence in
the district. I know this puts a sour taste in your mouth, because it
does mine, but that is the condition we find ourselves in. The only
way I see to change it, is to change the treaty and reinforce the
original Declaration of Independence, but this would meet severe
objection on the part of the international Bankers, and or course the
king's heirs in England. And most Americans, even if they were aware
of this information, would have no stomach for the turmoil this would
cause.
Still a little
fuzzy on what has taken place, the word Exchequer is still used
today? In Britain the Exchequer is the Federal Reserve, the same as
our Federal Reserve. They just changed the name here as they have
done many things to cloud what is taking place, hoping no one would
catch on. Who wrote the Federal Reserve Act, and put it in place in
this country? Bankers from the Bank of England with their counter
part in New York!
Congressman
McFadden: "I hope that is the case, but I may say to the
gentleman that during the sessions of this Economic Conference in
London there is another meeting taking place in London. We were
advised by reports from London last Sunday of the arrival of George
L.Harrison, Governor of the Federal Reserve Bank of New York, and we
were advised that accompanying him was Mr. Crane, the Deputy
Governor, and James P. Warburg, of the Kuhn-Loeb banking family, of
New York and Hamburg, Germany, and also Mr. O. M. W. Sprague,
recently in the pay of Great Britain as chief economic and financial
adviser of Mr. Norman, Governor of the Bank Of England, and now
supposed to represent our Treasury. These men landed in England and
rushed to the Bank of England for a private conference, taking their
luggage with them, before even going to their hotel. We know this
conference has been taking place for the past 3 days behind closed
doors in the Bank of England with these gentlemen meeting with heads
of the Bank of England and the Bank for International Settlements, of
Basel, Switzerland, and the head of the Bank France, Mr. Maret. They
are discussing war debts; they are discussing stabilization of
exchanges and the Federal Reserve System,I may say to the Members of
the House.
The Federal
reserve System, headed by George L. Harrison, is our premier, who is
dealing with debts behind the closed doors of the Bank of England;
and the United States Treasury is there, represented by O. M. W.
Sprague, who until the last 10 days was the representative of the
Bank of England, and by Mr. James P. Warburg, who is the son of the
principal author of the Federal Reserve Act. Many things are being
settled behind the closed doors of the Bank of England by this group.
No doubt this group were pleased to hear that yesterday the Congress
passed amendments to the Federal Reserve Act and that the President
signed the bill which turns over to the Federal Reserve System the
complete total financial resources of money and credit in the United
States. Apparently the domination and control of the international
banking group is being trengthened.... Congressional Record, June 14,
1934
What else does
the Exchequer do? The government(Congress) puts up bonds (bills of
credit) on the international market, that the Federal Reserve
(Exchequer) prints fiat money, for which the government (Congress) is
the guarantor for, read the following quote:
Exchequer Bills:
Bills of credit issued by authority of parliament.
They constitute
the medium of transaction of business between the bank of England and
the government. The exchequer bills contain a guarantee from
government which secures the holders against loss by fluctuation.
Bouvier's Law Dictionary 1914 ed.
Also re-read "A
Country Defeated In Victory". Who do you think the national debt
is owed to? If that's not bad enough the bond indebtedness allowed
the king to foreclose on his colony when it was time for the one
World government, the king/bankers caused us to reorganize under
bankruptcy. The Bank of England allowed the United States to use you
and I (our labor)for collateral and all the property in America, read
the following quote:
Congressman
Lemke: "....This nation is bankrupt; every State in this Union
is bankrupt; the people of the United States, as a whole, are
bankrupt. The public and private debts of this Nation, which are
evidenced by bonds, mortgages, notes, or other written instruments
about to about $250,000,000,000, and it is estimated that there is
about $50,000,000,000 of which there is no record, making in all
about $300,000,000,000 of public and private debts. The total
physical cash value of all the property in the United States is now
estimated at about $70,000,000,000. That is more than it would bring
if sold at public auction. In this we do not include debts or the
evidence of debts, such as bonds, mortgages, and so fourth. These are
not physical property. They will have to be paid out of the physical
property. How are we going to pay $300,000,000,000 with only
$70,000,000,000?" Congressional Record, March 3, 1934, footnote
#10
This debt was
more than could be paid as of 1934, this caused the declared
bankruptcy by President Roosevelt. Now the national debt is over
12,000,000,000,000. The government only tells you about
5,000,000,000,000, they don't tell you about the corporate debt,
which America is also guarantor for. Add to that the personal debt;
you know credit cards and home loans, and it approaches
20,000,000,000,000, that's trillion for those of you that miss read
the number of zero's. Mix this with a super inflated stock market and
a huge trade deficit, and that is what brings you to understand my
subtitle for this paper. BEND OVER AMERICA. What could possibly be
the purpose of the international bankers allowing our nation to over
extend so badly and not cut us off? When back in 1934 they could have
legally seized the whole country. We are being used for the purpose
of the international bankers which is loaning money to third world
countries, to enslave them as we are, to colonize the world for
Britain, and to use our military machine to control unruly countries
and to collect the king's debt. There will soon be a United Nations
personal income tax for the whole world. The end purpose of the
international bankers, is a one world government, with England as the
center of government and the international bankers calling the shots.
I am going to
share a dream I had, July 1992, at the risk of being ridiculed. I
told my friend who is mentioned in the dream, the next day. At that
time neither of us understood the dream, about a month later I
started to understand when I began learning about admiralty law and
where our admiralty law came from. As time has passed I have come to
understand the dream, because of further information coming to light,
such as the information contained in part 1, and part 2, which you
are now reading. I new when I woke up that the dream was not the
normal nonsense you can sometimes experience in a dream. And I might
add I dream very seldom, after having this dream I was given the
desire to write down and pass along the information that has been
brought my way, via. the Holy Spirit. The information has defined the
dream not the other way around.
MY DREAM
July 1992: A
record of a dream I had. I was what appeared to be hovering above the
below scene, and it appeared to be three dimensional, like the scene
had texture. It was also in color, with the smell of war in the air.
I awoke at 5:00 am, and was wide awake and immediately wrote down
what took place in my dream.
A friend and I
were among thousands of Christians that were massed together awaiting
execution. I saw untold thousands of Christians executed before us.
There were many troops guarding us, these troops were British; they
had on Revolutionary War clothing and were carrying the old style
muskets.
The people that
went before us to be executed went voluntarily. They went out of some
false sense of duty to this envisioned government, that was British
controlled. These people were in ranks waiting to be lead away to
their death. While standing in the ranks my friend and I kept looking
at one another, but we were separated by what seemed to be hundreds
of people.
Just before they
called our number they lead us away (untold thousands) under guard to
return later. I asked some of the people in the ranks to step aside
so I could get next to my friend. I told him that while I was in the
ranks awaiting death, the Holy Spirit told me not to listen to their
reasons for death, but to consider His reasons (Holy Spirit's) for
the sanctity of life and that we were to do whatever it took to stay
alive and defeat the beast. I saw myself tapping my friend on the
head, and told him this was an example of how the Holy Spirit related
to me, that He wanted our attention.
The Holy Spirit
said we were to go and do the Holy Spirit's bidding no matter where
it lead us and that we would be protected. We both looked at each
other and decided we could not die voluntarily as the other
Christians. We looked at each other and said this is crazy, my friend
said this is voluntary just like being a Fourteenth Amendment
citizen. We then walked out of the ranks right in front of the
British guards, unseen and escaped.
Keep in mind you
cannot control your dreams. Does God Almighty still communicate
through dreams as he did with George Washington? The Bible makes it
clear He does. Whether this dream is a product of uncontrolled
imagination while asleep, or insight from the Holy Spirit, I will
only say, let history decide. I am satisfied of the dreams origin,
because of its fulfillment through recent knowledge, that wasn't
known at that time. I hope you will read the rest of the
documentation in the footnotes following this commentary.
Footnote
#1 - Chronology of North Carolina Governors and Original Virginia
Colony, page 15
Footnote #2 - Virginia Charter, 1609, page 18
Footnote #2 - Virginia Charter, 1609, page 18
Footnote
#3 - Virginia Charter, 1621, page 27
Footnote
#4 - Charter creating the Council of State,1621, page 29
Footnote
#5 - Carolina Charter, 1663, page 31
Footnote
#6 - Carolina Charter granting Proprietorship to eight lords,
1669, page 42
Footnote
#7 - Florida Charter, 1763, page 65
Footnote
#8 - Hudson Bay Charter, 1670, page 69
Footnote
#9 - North Carolina Constitution,1776, page 80
Footnote
#10 - North Carolina Constitution, 1789, and latter amendments,
page 88
Footnote
#11 - Congressional Record, page 127
submitted by
jamontgomery@InfoAve.Net
THE
UNITED STATES IS STILL A BRITISH COLONY PART 3
Part
III
Will
the real government please stand up!
After
writing British Colony parts 1 and 2, I was amazed how some people
react, when confronted with information that goes against their prior
programming. It is as if to even consider the possibility that their
belief system may be incorrect, was a threat to their mental well
being. They were going to deny any truth that threatens their belief
structure. The good news is those with such a reaction were of the
minority. This is promising, because it shows Americans can still
think past years of incomplete teaching, concerning our history.
Those in the negative believe the information had to be bogus and
they could not believe the government could wrong them.
So
this third part is for them, to show them that government has and
does lie to them and violates their trust on major issues. As always
this information and supporting documents, are given so the reader
can form their own opinion. Other writers, I will mention one since
he uses a pen name, the Informer, has also done extensive research on
this subject and has been forced to come to the same conclusions.
(Check out the latest work of the Informer, his new book called, THE
NEW HISTORY OF AMERICA.)
The
information the Informer and I have found is so clear and undeniable,
even the doubting thomas' will have to face reality. Not to make us
right, but for America to become aware of lost history, that neither
of us formed, but are willing to be criticized in its reporting to
correct great error.
Guide
to the Footnotes:
2.
Tulane
Law Review vol. 28 1953, The Dubious Origin Of The
Fourteenth Amendment, by Walter J. Suthon, Jr.
Fourteenth Amendment, by Walter J. Suthon, Jr.
I
will begin with the touch stone of the patriot community, the
Fourteenth Amendment. Everyone knows about the citizenship issue. I
raised another issue concerning the 4th section of the Fourteenth
Amendment in British Colony part 1, and issues regarding sec. 3, in
court documents found in Footnote 13. Doubting thomas' think this is
a conspiracy theory.In the new propaganda movie called "Conspiracy
Theory", the establishment wants you to think that anyone that
believes there is someone behind the scenes calling the shots is
mentally unbalanced. What the doubting thomas' do not realize, is
this is a big puzzle and is hard to recognize, and can be incorrectly
viewed. The biggest problem is, it can be put together more than one
way, totally changing its appearance and outcome. The doubting
thomas' may say how is it you think you have the correct pieces? My
answer is, I shoot a lot of archery, in archery you shoot for the
bullseye, not the less important areas outside the bullseye. You have
to stay focused on what are the core issues, not the side
issues/collateral issues, where valuable time is lost. I conduct my
research in this way. Two, I rely on God Almighty to keep me pointed
in the right direction. Three, I always tell you not to take my word
without checking the subject out for yourself. Most people if plagued
with a recurring headache, take a pain reliever, and the headache
appears to go away. When in fact all you have done is deal with a
symptom, that caused the headache. You have not dealt with the cause.
Many patriots today are dealing with the symptoms, like taxes,
driving v. traveling and the zipcode, etc. etc. All are important
issues and have their place, but they are not the root cause of our
problem. Until the cause of the affliction is researched, exposed and
then removed, nothing will change.
The
lawful de jure united States government which was created by the 1787
Constitution/Treaty, between the States, was made null and void by
the fraudulent Congress, that passed the Fourteenth Amendment. This
is a bold and broad statement, but I will prove it.
"When,
therefore, Texas became one of the United States, she entered into an
indissoluble relation. All the obligations of perpetual union, and
all the guarantees of republican government in the Union, attached at
once to the State. The act which consummated her admission into the
Union was something more than a compact; it was the incorporation of
a new member into the political body. And it was final. The union
between Texas and the other States was as complete, as perpetual, and
as indissoluble as the union between the original States. There was
no place for reconsideration, or revocation, except through
revolution, or through consent of the States." Dyett v. Turner
439 p2d 266 @ 269, 20 U2d 403
"Considered
therefore as transactions under the Constitution, the ordinance of
secession, adopted by the convention and ratified by a majority of
the citizens of Texas, and all the acts of her legislature intended
to give effect to that ordinance, were absolutely null. They were
utterly without operation in law. The obligations of the State, as a
member of the Union, and of every citizen of the State, as a citizen
of the United States, remained perfect and unimpaired. It certainly
follows that the State did not cease to be a State, nor her citizens
to be citizens of the Union. If this were otherwise, the State must
have become foreign, and her citizens foreigners. The war must have
ceased to be a war for the suppression of rebellion, and must have
become a war for conquest of subjugation." Dyett v. Turner 439
p2d 266 @ 269, 20 U2d 403
The
Southern States could not lawfully cede from the Union without the
other States being in agreement. In the last sentence you will notice
the war was either a rebellion or, the States were made foreign and
conquest and military rule took place during the Civil War. This is
very important, because of what took place next, and what took place
after the Civil War and March 9, 1933. March 2, 1867, President
Johnson declared the rebellion to be over and the Southern States to
be once again part of the Union, before the Thirteenth and Fourteenth
Amendment were passed. So the States were not foreign, they did not
have to be readmitted, they picked up in Congress where they left
off, with the same State governments they had before the rebellion.
If the Southern States had ceded from the Union, without sanction by
all the States, their Legislative Acts would have been null and void.
In other words if a State or the federal government violates their
corporate Charter, it makes any subsequent law void, unenforceable,
other than by force of arms.
The
following information should upset you greatly and at the same time
amaze you, that Americans are totally unaware of this information.
How is it in the freest country in the world, and a nation that
prides itself on our history, could you have 200 plus million people
ignorant of the truth, and that care so little about the destruction
of our country? The information I am sharing with you is purposely
not taught in the public schools. Why? It will become clear to you
that, if the government taught this in the public schools, it would
cause the rebirth of American patriotism. Americans would demand our
former overthrown Republican form of government; and that the Laws of
God Almighty be adhered to. We were promised in the Constitution a
Republican form of government, and Benjamin Franklin when asked,
said: you have been given a Republican form of government if you can
keep it,(paraphrase). By the laziness and greed of the American
people over the years our lawful government was stolen, but not
without our help.
The
Civil War was fought to free the slaves and reunite the Union, or so
we have been told by selected history, taught by and through the
government. The slaves just changed masters, as I have said before in
other research papers, and the white people enfranchised,
incorporated, and sold themselves into slavery. Whites along with
blacks were made legal fictions so they could be owned and taxed by
the king. However, the only way this could be done is by destroying
the Constitution, but they had to do it in a way that no one would
recognize its destruction, or care thanks to the offered benefits.
Now the Proof.
December
8, 1863 President Lincoln declared by proclamation, amnesty and
reconstruction for the southerners so they could be readmitted into
the Union. Footnote #7 This action along with what Lincoln was doing
with the money is why Lincoln had to be killed. The South could not
be allowed back into the Union without their enfranchisement. Compare
the readmittance oath in President Lincoln's proclamation of 1863, to
the following oath requirement required by Congress, under the
Reconstruction Acts, Footnotes #3,4,5 and 6.
"An
Act to provide for the more efficient government of the rebel States,
passed March second, eighteen hundred and sixty-seven, shall cause a
registration to be made of the male citizens of the United States,
twenty-one years of age and upwards, resident in each county or
parish in the State or States included in his district, which
registration shall include only those persons who are qualified to
vote for delegates by the act aforesaid, and who shall have taken and
subscribed the following oath or affirmation: "I, _____, do
solemnly swear, (or affirm,) in the presence of Almighty God, that I
am a citizen of the State of _____; that I have resided in said State
for _____ months next preceding this day, and now reside in the
county of _____, or the parish of _____, in said State, (as the case
may be;) that I am twenty-one years old; that I have not been
disfranchised for participation in any rebellion or civil war against
the United States, nor for felony committed against the laws of any
State or of the United States; that I have never been a member of any
State legislature, nor held any executive or judicial office in any
State and afterwards engaged in insurrection or rebellion against the
United States, or given aid or comfort to the enemies thereof; that I
have never taken an oath as a member of Congress of the United
States, or as an officer of the United States, or as a member of any
State legislature, or as an executive or judicial officer of any
State, to support the Constitution of the United States, and
afterwards engaged in insurrection or rebellion against the United
States or given aid or comfort to the enemies thereof; that I will
faithfully support the Constitution and obey the laws of the United
States, and will, to the best of my ability, encourage others so to
do, so help me God;" which oath or affirmation may be
administered by any registering officer." Reconstruction Act of
March 23, 1867, supplement to Reconstruction Act of March 2, 1867.
You
will note that in the above oath Congress creates legal residence for
anyone taking the oath and that this is done by registering to vote,
and made a requirement in order to vote. The same legal disability
still takes place today when you register to vote. Today you still
have voting districts in every county in the America.
You
will also notice that, the oath makes you declare that you were not
disenfranchised, by taking part in the Civil War. Which means that,
before the Civil War Americans were franchised citizens,
incorporated. I covered this in part 1; by the States adoption of the
Constitution, those that lived in the States became legal residents,
incorporated/enfranchised, instead of Sui Juris freemen. Which was
granted to them by the Declaration of Independence, and in North
Carolina, for North Carolinians this was reaffirmed by the 1776 North
Carolina Constitution, see British Colony part 2.
Also,
you will see in the following oaths where the language came from, for
the creation of Section 3 of the Fourteenth Amendment, this language
was also used in the 14th Amendment oath you just read. Wherein it
declares that, elected officials, judges, legislators and police
etc., cannot give aid and comfort to the enemy. The enemy is anyone
unincorporated, because the king cannot legally tax you, without
using the force of admiralty. The enemy is also anyone that refuses
to swear the oath to the de facto government for the above reasons.
The
following is the oath given to those that wanted to serve in the
United States government.
An
act to prescribe an oath of office. July 2, 1862
"Be
it enacted, That hereafter every person elected or appointed to any
office of honor or profit under the Government of the United States
either in the civil, military, or naval departments of the public
service, excepting the President of the United States, shall, before
entering upon the duties of such office, and before being entitled to
any of the salary or other emoluments thereof, take and subscribe the
following oath or affirmation: "I, A B, do solemnly swear (or
affirm), that I have never voluntarily borne arms against the United
States since I have been a citizen thereof; that I have voluntarily
given no aid, countenance, counsel, or encouragement to persons
engaged in armed hostility thereto; that I have never sought nor
accepted nor attempted to exercise the functions of any office
whatever, under any authority or pretended authority, in hostility to
the United States; that I have not yielded a voluntary support to any
pretended government, authority, power, or constitution within the
United States, hostile or inimical thereto; and I do further swear
(or affirm) that, to the best of my knowledge and ability, I will
support and defend the Constitution of the United States, against all
enemies, foreign and domestic; that I will bear true faith and
allegiance to the same; that I take this obligation freely, without
any mental reservation or purpose of evasion, and that I will well
and faithfully discharge the duties of the office on which I am about
to enter; so help me God;" which said oath, so taken and signed,
shall be preserved among the files of the Court, House of Congress,
or Department to which the said office may appertain. And any person
who shall falsely take the said oath shall be guilty of perjury, and
on conviction, in addition to the penalties now prescribed for that
offense, shall be deprived of his office, and rendered incapable
forever after, of holding any office or place under the United
States."
When
the war was over President Johnson declared the States readmitted to
the Union and hostilities to be over.
Furthermore;
on April 2, 1866, President Andrew Johnson issued a "Proclamation"
that:
"The
insurrection which heretofore existed in the States of Georgia, South
Carolina, Virginia, North Carolina, Tennessee, Alabama, Louisiana,
Arkansas, Mississippi and Florida is at an end, and is henceforth to
be so regarded."
Presidential
Proclamation No. 153,
General
Records of the United States,
G.S.A.
National Archives and Records Service.
On
August 20, 1866 (14 Stat. 814); the President proclaimed that the
insurrection in the State of Texas had been completely ended and his
"Proclamation"continued:
"The
insurrection which heretofore existed in the State of Texas is at an
end, and is to be henceforth so regarded in that State, as in the
other States before named in which the said insurrection was
proclaimed to be at an end by the aforesaid proclamation of the
second day of April, one thousand, eight hundred and sixty-six.
"And
I do further proclaim that the said insurrection is at an end, and
that peace, order, tranquility, and civil authority now exist, in and
throughout the whole of the united States of America."
Again
the power behind the United States government would not stand for
this, so Congress passed the Reconstruction Acts, Footnotes #3,4,5
and 6. President Johnson vetoed the Acts because they were
unconstitutional. Below are some excerpts from his veto message.
"It
is plain that the authority here given to the military officer
amounts to absolute despotism. But to make it still more unendurable,
the bill provides that it may be delegated to as many subordinates as
he chooses to appoint, for it declares that he shall 'punish or cause
to be punished'. Such a power has not been wielded by any Monarch in
England for more than five hundred years. In all that time no people
who speak the English language have borne such servitude. It reduces
the whole population of the ten States- all persons, of every color,
sex and condition, and every stranger within their limits- to the
most abject and degrading slavery. No master ever had a control so
absolute over the slaves as this bill gives to the military officers
over both white and colored persons...."
"I
come now to a question which is, if possible, still more important.
Have we the power to establish and carry into execution a measure
like this? I answer, 'Certainly not', if we derive our authority from
the Constitution and if we are bound by the limitations which is
imposes."....
"...The
Constitution also forbids the arrest of the citizen without judicial
warrant, founded on probable cause. This bill authorizes an arrest
without warrant, at pleasure of a military commander. The
Constitution declares that 'no person shall be held to answer for a
capital or otherwise infamous crime unless on presentment of a grand
jury'. This bill holds ever person not a soldier answerable for all
crimes and all charges without any presentment. The Constitution
declares that 'no person shall be deprived of life, liberty, or
property without due process of law'. This bill sets aside all
process of law, and makes the citizen answerable in his person and
property to the will of one man, and as to his life to the will of
two. Finally, the Constitution declares that 'the privilege of the
writ of habeas corpus shall not be suspended unless when, in case of
rebellion or invasion, the public safety may require it'; whereas
this bill declares martial law (which of itself suspends this great
writ) in time of peace, and authorizes the military to make the
arrest, and gives to the prisoner only one privilege, and that is
trial 'without unnecessary delay'. He has no hope of release from
custody, except the hope, such as it is, of release by acquittal
before a military commission."
"The
United States are bound to guarantee to each State a republican form
of government. Can it be pretended that this obligation is not
palpably broken if we carry out a measure like this, which wipes away
every vestige of republican government in ten States and puts the
life, property, and honor of all people in each of them under
domination of a single person clothed with unlimited authority?"
"....,here
is a bill of attainder against 9,000,000 people at once. It is based
upon an accusation so vague as to be scarcely intelligible and found
to be true upon no credible evidence. Not one of the 9,000,000 was
heard in his own defense. The representatives of the doomed parties
were excluded from all participation in the trial. The conviction is
to be followed by the most ignominious punishment ever inflicted on
large messes of men. It disfranchises them by hundreds of thousands
and degrades them all, even those who are admitted to be guiltless,
from the rank of freeman to the condition of slaves." Veto
Message of President Johnson, March 2, 1867, Footnote #8
President
Johnson did not realize the king ruled and that in 1845 Congress
declared admiralty law to have come on land, nor did he realize the
relevance of the Insular Cases. I cover these in "A Country
Defeated In Victory" part 1 and in Footnote 11. Once the
judiciary decided to look the other way, the De jure Constitution's
days were numbered.
"As
a result of these decisions, enforcement of the Reconstruction Act
against the Southern States, helpless to resist military rule without
aid of the judiciary, went forward unhampered. Puppet governments
were founded in these various States under military auspices. Through
these means the adoption of new state constitutions, conforming to
the requirements of Congress, was accomplished. Likewise, one by one,
these puppet state governments ratified the Fourteenth Amendment,
which their more independent predecessors had rejected. Finally, in
July 1868, the ratifications of this amendment by the puppet
governments of seven of the ten Southern States, including Louisiana,
gave more than the required ratification by three-fourths of the
States, and resulted in a Joint Resolution adopted by Congress and a
Proclamation by the Secretary of State, both declaring the Amendment
ratified and in force." Tulane Law Review, The Dubious Origin Of
The Fourteenth Amendment. page 36
To
regress just a moment, after the war, after the States rejoined the
Union, the representatives of the South took their seats in Congress.
Later the Thirteenth Amendment was passed in Congress by the Northern
States and the Southern States. By the 1787 Constitution they were
considered equal contracting partners of the Union. The powers
controlling the government had to replace their republican form of
government that had existed in the Southern States since they adopted
the 1787 Constitution.
"Despite
the fact that the southern States had been functioning peacefully for
two years and had been counted to secure ratification of the
Thirteenth Amendment , Congress passed the Reconstruction Act, which
provided for the military occupation of 10 of the 11 southern States.
It excluded Tennessee =66rom military occupation and one must suspect
it was because Tennessee had ratified the Fourteenth Amendment on
July 7, 1866. The Act further disfranchised practically all white
voters and provided that no Senator or Congressman from the occupied
States could be seated in Congress until a new Constitution was
adopted by each State which would be approved by Congress. The Act
further provided that each of the 10 States was required to ratify
the proposed Fourteenth Amendment and the Fourteenth Amendment must
become a part of the Constitution of the United States before the
military occupancy would cease and the States be allowed to have
seats in Congress." Dyett v. Turner 439 p2d 266 @ 269, 20 U2d
403
The
way they chose to do it was pass the Fourteenth Amendment. However,
the Northern States that put the amendment up in Congress figured the
Southern States would ratify. Wrong, the amendment fell short of
passing the House and the Senate. The action taken next by the
Northern States will go down in history as the most unlawful act ever
taken by any government in the world. Since the amendment would not
pass lawfully, the Northern States decided to rip the 1787
Constitution up and take over the government. How did they do this?
They told the Southern States that refused to vote for the amendment
they no longer were members of Congress, denying lawful States
suffrage in the Union. In order to get the amendment through Congress
the Northern Senators also removed a seated Senator from New Jersey
to give them two-thirds in the Senate, and counted 30 abstention
votes in the House as yes votes to pass the Fourteenth Amendment in
the House. See Footnote #12
Observing
how 'a renegade group of men from the Northern States', MY NOTE in
quotes, actual text in brackets (Congress) had taken the Constitution
into its own hands and was proceeding in willful disregard of the
Constitution, on the 15th of January, 1868- Ohio, and then on March
24, 1868- New Jersey, voted to withdraw their prior ratifications and
to reject.
The
following, is an excerpt from Joint Resolution No.1 of the State of
New Jersey of March 24, 1868, when they rescinded their prior
ratification and rejected:
"It
being necessary, by the Constitution, that every amendment to the
same, should be proposed by two thirds of both Houses of Congress,
the authors of said proposition, for the purpose of securing the
assent of the requisite majority, determined to, and did, exclude
from the said two Houses eighty representatives form eleven States of
the Union, upon the pretence that there were no such States in the
Union; but, finding that two-thirds of the remainder of said Houses
could not be brought to assent to the said proposition, they
deliberately formed and carried out the design of mutilating the
integrity of the United States Senate, and without any pretext or
justification, other than the possession of power, without the right
and in palpable violation of the Constitution, ejected a member of
their own body, representing this State, and thus practically denied
to New Jersey its equal suffrage in the Senate and thereby nominally
secured the vote of two-thirds of the said Houses."
"The
object of dismembering the highest representative assembly in the
Nation, and humiliating a State of the Union, faithful at all times
to all of its obligations, and the object of said amendment were one-
to place new and unheard of powers in the hands of a faction, that it
might absorb to itself all executive, judicial and legislative power,
necessary to secure to itself immunity for the unconstitutional acts
it had already committed, and those it has since inflicted on a too
patient people."
"The
subsequent usurpation of these once national assemblies, in passing
pretended laws for the establishment, in ten States, of martial law,
which is nothing but the will of the military commander, and
therefore inconsistent with the very nature of all law, for the
purpose reducing to slavery men of their own race to those States, or
compelling them, contrary to their own convictions, to exercise the
elective franchise in obedience to dictation of a fraction in those
assemblies; the attempt to commit to one man arbitrary and
uncontrolled power, which they have found necessary to exercise to
force the people of those States into compliance with their will; the
authority given to the Secretary of War to use the name of the
President, to countermand its President's order, and to certify
military orders to be by the direction of the President' when they
are notoriously known to be contrary to the President's direction,
thus keeping up the forms of the Constitution to which the people are
accustomed, but practically deposing the President from his office of
Commander-in-Chief, and suppressing one of the great departments of
the Government, that of the executive; the attempt to withdraw from
the supreme judicial tribunal of the Nation the jurisdiction to
examine and decide upon the conformity of their pretended laws to the
Constitution, which was the Chief function of that August tribunal,
as organized by the fathers of the republic: all are but amplified
explanations of the power they hope to acquire by the adoption of the
said amendment."
"To
conceal from the people the immense alteration of the fundamental law
they intended to accomplish by the said amendment, they gilded the
same with propositions of justice..."
"It
imposes new prohibitions upon the power of the State to pass laws,
and interdicts the execution of such part of the common law as the
national judiciary may esteem inconsistent with the vague provisions
of the said amendment; made vague for the purpose of facilitating
encroachment upon the lives, liberties and property of the people."
"It
enlarges the judicial power of the United States so as to bring every
law passed by the State, and every principle of the common law
relating to life, liberty, or property, within the jurisdiction of
the Federal tribunals, and charges those tribunals with duties, to
the due performance of which they, from their nature and
organization, and their distance from the people, are unequal."
"It
makes a new apportionment of representatives in the National courts,
for no other reason than thereby to secure to a faction a sufficient
number of votes of a servile and ignorant race to outweigh the
intelligent voices of their own."
"This
Legislature, feeling conscious of the support of the largest majority
of the people that has ever been given expression to the public will,
declare that the said proposed amendment being designed to confer, or
to compel the States to confer, the sovereign right of elective
franchise upon a race which has never given the slightest evidence,
at any time, or in any quarter of the globe, of its capacity of
self-government, and erect an impracticable standard of suffrage,
which will render the right valueless to any portion of the people
was intended to overthrow the system of self-government under which
the people of the United States have for eighty years enjoyed their
liberties, and is unfit, from its origin, its object and its matter,
to be incorporated with the fundamental law of a free people."
(The
14th Amendment to the Constitution of the United States and the
threat that it poses to our democratic government, Pinckney G.
McElwee, South Carolina Law Quarterly 1959)
Did
the political outrage of all history stop there? No!
In order to ratify the amendment in the States, Congress declared war on the Southern States by passing the Reconstruction Acts. Declaring the Southern States had unlawful State governments. They placed the States under martial law, creating military districts which still exist today. Is not the Fourteenth Amendment still in existence today? Nothing has changed. They replaced the lawful State governments with puppet governments, so the Fourteenth Amendment would be ratified by the required 3/4 of the States and would not readmit any State until ratification of the amendment was complete. The illusion is since you vote for your officials, "we can't be under military occupation". The privilege to vote would end if your State tried to remove the Fourteenth Amendment.
In order to ratify the amendment in the States, Congress declared war on the Southern States by passing the Reconstruction Acts. Declaring the Southern States had unlawful State governments. They placed the States under martial law, creating military districts which still exist today. Is not the Fourteenth Amendment still in existence today? Nothing has changed. They replaced the lawful State governments with puppet governments, so the Fourteenth Amendment would be ratified by the required 3/4 of the States and would not readmit any State until ratification of the amendment was complete. The illusion is since you vote for your officials, "we can't be under military occupation". The privilege to vote would end if your State tried to remove the Fourteenth Amendment.
Back
to President Johnson's veto, the unlawful Congress then over road his
veto. Now picture this, you have a lawful President who vetoed the
unconstitutional Reconstruction Acts, passed by a de facto Congress.
Then the unlawful Congress overrides his veto since they have a
Republican majority in the Congress after denying the representation
to the Democratic Southern States. This Congress under the 1787
Constitution had no lawful authority to conduct business under the
1787 Charter much less destroy the office of the President. What do
you call this? It was a political take over, a coup d'etat.
The
Fourteenth Amendment was proposed by Congress to the States for
adoption, through the enactment by Congress of Public Resolution No.
48, adopted by the Senate on June 8, 1866 and by the House of
Representatives on June 13, 1866. That Congress deliberately
submitted this amendment proposal to the then existing legislatures
of the several States is shown by the initial paragraph of the
resolution." Tulane Law Review, The Dubious Origin Of The
Fourteenth Amendment. page 28
1.
Texas rejected the 14th Amendment on October 27, 1866
(House Journal 1866, pp. 578-584 - Senate Journal 1866, p.471.).
(House Journal 1866, pp. 578-584 - Senate Journal 1866, p.471.).
2.
Georgia rejected the 14th Amendment on November 9, 1866
(House Journal 1866, p 68 - Senate Journal 1866, p. 8.).
(House Journal 1866, p 68 - Senate Journal 1866, p. 8.).
3.
Florida rejected the 14th Amendment on December 6, 1866
(House Journal 1866, p 76 - Senate Journal 1866, p. 8.).
(House Journal 1866, p 76 - Senate Journal 1866, p. 8.).
4.
Alabama rejected the 14th Amendment on December 7, 1866
(House Journal 1866. p. 210-213 - Senate Journal 1866, p.183.).
(House Journal 1866. p. 210-213 - Senate Journal 1866, p.183.).
5.
North Carolina rejected the 14th Amendment on December 14, 1866
(House Journal 1866 - 1867. p. 183 - Senate Journal 1866-67, p. 138.).
(House Journal 1866 - 1867. p. 183 - Senate Journal 1866-67, p. 138.).
6.
Arkansas rejected the 14th Amendment on December 17, 1866
(House Journal 1866, pp. 288-291 - Senate Journal 1866, p. 262.).
(House Journal 1866, pp. 288-291 - Senate Journal 1866, p. 262.).
7.
South Carolina rejected the 14th Amendment on December 20, 1866
(House Journal 1866, p. 284 - Senate Journal 1866, p. 230.).
8. Kentucky rejected the 14th Amendment on January 8, 1867
(House Journal 1867, p. 60 - Senate Journal 1867, p. 62.).
(House Journal 1866, p. 284 - Senate Journal 1866, p. 230.).
8. Kentucky rejected the 14th Amendment on January 8, 1867
(House Journal 1867, p. 60 - Senate Journal 1867, p. 62.).
9.
Virginia rejected the 14th Amendment on January 9, 1867
(House Journal 1866-67, p. 108 - Senate Journal 1866-67, p. 101.).
(House Journal 1866-67, p. 108 - Senate Journal 1866-67, p. 101.).
10.
Louisiana rejected the 14th Amendment on February 9, 1867
("Joint Resolution" as recorded on page 9 of the "Acts of the General Assembly," Second Session, January 28, 1867) (McPherson, "Reconstruction," p. 194; "Annual Encyclopedia," p. 452.).
("Joint Resolution" as recorded on page 9 of the "Acts of the General Assembly," Second Session, January 28, 1867) (McPherson, "Reconstruction," p. 194; "Annual Encyclopedia," p. 452.).
11.
Delaware rejected the 14th Amendment on February 7, 1867
(House Journal 1867, p. 223 - Senate Journal 1867, p. 808.).
(House Journal 1867, p. 223 - Senate Journal 1867, p. 808.).
12.
Maryland rejected the 14th Amendment on March 23, 1867
(House Journal 1867, p. 1141 - Senate Journal 1867, p. 808.).
(House Journal 1867, p. 1141 - Senate Journal 1867, p. 808.).
13.
Mississippi rejected the 14th Amendment on January 31,
1867
(McPherson, "Reconstruction," p. 194.).
(McPherson, "Reconstruction," p. 194.).
14.
Ohio rejected the 14th Amendment on January 15, 1868
(House Journal 1868, pp. 44-50 - Senate Journal 1868, pp. 33-38.).
(House Journal 1868, pp. 44-50 - Senate Journal 1868, pp. 33-38.).
15.
New Jersey rejected the 14th Amendment on March 24, 1868
("Minutes of the Assembly" 1868, p. 743 - Senate Journal 1868, p. 356.).
("Minutes of the Assembly" 1868, p. 743 - Senate Journal 1868, p. 356.).
16.
California rejected the 14th Amendment on March 3rd, 1868
("Journal of the Assembly" 1867-8, p. 601).
("Journal of the Assembly" 1867-8, p. 601).
17.
Oregon rejected the 14th Amendment by the Senate on October 6, 1868
and by the House on October 15, 1868 proclaiming the Legislature that
ratified the Amendment to have been a "defacto" Legislature
(U.S. House of Representatives, 40th Congress, 3rd session, Mis. Doc.
No 12).
Did
the military occupation ever come to an end? No!
Did
the military presence leave the streets? Yes. Technically do you have
to have a military presence visible in the streets, for military
occupation and martial law to exist? No! Can the
military/Commander-in-Chief/Congress, transfer this power to the
civil authorities? Yes. Read the following cases, and Lincoln's
General order 100, Footnote #9
"But
there is another description of government, called also by publicists
a government de facto, but which might, perhaps, be more aptly
denominated a government of paramount force. Its distinguishing
characteristics are (1) that its existence is maintained by active
military power within the territories, and against the rightful
authority of an established and lawful government; and (2) that while
it exists it must necessarily be [229 U.S. 416, 429] obeyed in civil
matters by private citizens who, by acts of obedience rendered in
submission to such force, do not become responsible, as wrongdoers,
for those acts, though not warranted by the laws of the rightful
government. Actual governments of this sort are established over
districts differing greatly in extent and conditions. They are
usually administered directly by military authority, but they may be
administered, also, by civil authority, supported more or less
directly by military force." Thornington v. Smith, 8 Wall. 1, 9,
19 L. ed. 361, 363. Macleod v. U.S, 229 U.S. 416 1913
"While
it is held to be the right of a conqueror to levy contributions upon
the enemy in their seaports, towns, or provinces which may be in his
military possession by conquest, and to apply the proceeds to defray
the expenses of the war, this right is to be exercised within such
limitations that it may not savor of confiscation. As the result of
military occupation, the taxes and duties payable by the inhabitants
to the former government become payable to the military occupant,
unless he sees fit to substitute for them other rates or modes of
contributions to the expenses of the government. The moneys so
collected are to be used for the purpose of paying the expenses of
government under the military occupation, such as the salaries of the
judges and the police, and for the payment of the expenses of the
army." Macleod v. U.S, 229 U.S. 416 1913
To
also prove that military occupation still exists, ask yourself this.
Is the Fourteenth Amendment, which was ratified under duress,
military occupation; and written and passed by a de facto Congress
still in existence? Yes! If a State would today remove the Fourteenth
Amendment and the statutory laws this amendment created from their
State laws, do you think the federal government would send in the
military again? Of course it would. So did the military occupation
end? I hope by now you know the answer to that.
Have
you never wondered why the government sends your tax dollars all over
the world via the IMF and the World Bank etc. etc., with Americans
paying the bill, without ever putting this up for a vote? Read the
following quote.
"In
New Orleans v. New York Mail S. S. Co. 20 Wall. 387, 393, 22 L. ed.
354, it was said, with respect to the powers of the military
government over the city of New Orleans after its conquest, that it
had 'the same power and rights in territory held by conquest as if
the territory had belonged to a foreign country and had been
subjugated in a foreign war. In such cases the conquering power has
the right to displace the pre-existing authority, and to assume to
such extent as it may deem proper the exercise by itself of all the
powers and functions of government. It may appoint all the necessary
officers and clothe them with designated powers, larger or smaller,
according to its pleasure. It may prescribe the revenues to be paid,
and apply them to its own use or otherwise. It may do anything
necessary to strengthen itself and weaken the enemy. There is no
limit to the powers that may be exerted in such cases, save those
which are found in the laws and usages of war." Dooley v. U.S.,
182 U.S. 222 1901
To
drive home the relevance of British Colony part 1&2 and what I
just said above about taxes, read and understand the below quotes
from the Declaration of Rights, September 5, 1774. Maybe it will sink
in, we are taxed by Britain and we have not only asked for it but,
demanded the benefits supplied by the king, past and present.
GO
FIGURE????
"Resolved,
4. That the foundation of English liberty, and of all free
government, is a right in the people to participate in their
legislative council: and as the English colonists are not
represented, and from their local and other circumstances, can not
properly be represented in the British Parliament, they are entitled
to a free and exclusive power of legislation in their several
provincial legislatures, where their right of representation can
alone be preserved, in all cases of taxation and internal polity,
subject only to the negative of their sovereign, in such manner as
has been heretofore used and accustomed. But, from the necessity of
the case, and a regard to the mutual interest of both countries, WE
CHEERFULLY CONSENT TO THE OPERATION OF SUCH ACTS OF THE BRITISH
PARLIAMENT, as are BONA FIDE, restrained to the regulation of our
external commerce, for the PURPOSE OF SECURING THE COMMERCIAL
ADVANTAGES OF THE WHOLE EMPIRE TO THE MOTHER COUNTRY, and the
COMMERCIAL BENEFITS OF ITS RESPECTIVE MEMBERS; excluding every idea
of taxation, internal or ETERNAL, for raising a revenue on the
SUBJECTS IN AMERICA, without their consent." Declaration of
Rights, from September 5, 1774 (The forefathers wanted the commercial
benefits without paying the taxes that go hand in hand, it does not
work that way Patriots.)
"Resolved,
7. That these, His Majesty's colonies, are likewise entitled to all
the IMMUNITIES AND PRIVILEGES GRANTED and confirmed to them by ROYAL
CHARTERS, or secured by their several codes of provincial laws."
Declaration of Rights, from September 5, 1774
As
further proof, are not all States divided into military Districts? At
first glance you may not think so. However, look at your District
Courts, in your State. They are the enforcement arm of the admiralty
law/kings law and legislation passed on a daily basis. As I said
before the voting Districts are also left over from the
Reconstruction Acts. In every court room a military flag is flown, a
war flag not the Title 4, flag of peace. Are you not required to
obtain a license from the de facto government for every aspect of
commerce, and the use of their military script/fiat money? Americans
are taxed and controlled in the following ways, to name a few:
1.
Social Security number - license to work.
2.
Drivers license - permission to conduct commerce and travel on the
military roads.
3.
Occupational license - permission to perform a God given right.
4.
State and local privilege license - license to work in the State,
county or city.
5.
Marriage license - permission for a right granted by God Almighty.
6.
Hunting and Fishing license - government taxing property of God
Almighty, etc.etc.etc.
Every
license or permit is a use tax and is financial slavery, you are
controlled in every aspect of your life. All licenses came about
after the Fourteenth Amendment and the military occupation, which we
are now under. The reason all this has taken place in America is, to
colonize the world for Britain. The United States has been the
enforcement arm/cannon fodder for Britain since the Civil War.
"The
decisions wherein grounds were found for avoiding a ruling on the
constitutionality of the Reconstruction Act leave the impression that
our highest tribunal failed in these cases to measure up to the
standard of the judiciary in a constitutional democracy. If the
Reconstruction Act was unconstitutional, the people oppressed by it
were entitled to protection by the judiciary against such
unconstitutional oppression." Tulane Law Review, The Dubious
Origin Of The Fourteenth Amendment. page 34
"The
adversary or the skeptic might assert that, after a lapse of more
than eighty years, it is too late to question the constitutionality
or validity of the coerced ratifications of the Fourteenth Amendment
even on substantial and serious grounds. The ready answer is that
there is no statute of limitations that will cure a gross violation
of the amendment procedure laid down by Article V of the
Constitution." Tulane Law Review, The Dubious Origin Of The
Fourteenth Amendment. page 43
If
you want to read more about the military occupation and the War
Powers Act, read Footnote #11. This issue concerning the Constitution
has to be understood by the Patriots, before you can help others see
the illusion. We Patriots need to be able to tell others how we
arrived in this condition. But, this will never happen as long as we
defend a dead treaty, and expect a lawful remedy from a de facto
government.
Is
it any wonder why Americans look at us like were nuts. We defy a de
facto government and take its benefits. We curse its judges and
praise a de facto Constitution that, denies the judges the ability to
give remedy to the enemy. We praise the legal document that gave
Congress the power to declare us as enemies and curse the Congress
for their action. Wake up Patriots! How do you expect Americans to
listen to the truth, when we are so easily made to look like fools by
the government propaganda machine, and we make it easy for them. We
tell the American people the sky is falling, but never give them a
remedy, other than keeping the same damn document that enslaved us.
We do not tell the American people that there was life before the
Civil War Occupation and the Fourteenth Amendment unlawful
Constitution, so fear of the unknown will keep them from wanting to
learn. The only remedy I see, except for God Almighty's Judgement, is
to expose the fraud. See Footnote 13.
Until
you accept the truth about the Constitution you will not be able to
understand the information in British Colony part 1&2. I will end
this research paper in this way. Someone asked me, "are you not
afraid to be killed by the government"? I told them what
Shadrach, Meshach, and Abendnego said:
"If
it be so, our God whom we serve is able to deliver us from the
burning fiery furnace, and he will deliver us out of thine hand, O
king, But if not, be it known unto thee, O king, that we will not
serve thy gods, nor worship the golden image which thou hast set up."
Daniel 3:17-18
Mark
Twain: "You see, my kind of loyalty was loyalty to one's
country, not to institutions or its officeholders. The country is the
real thing; it is the thing to watch over and care for and be loyal
to; institutions extraneous, they are its mere clothing, and clothing
can wear out, become ragged, cease to be comfortable, cease to
protect the body from winter, disease, and death. To be loyal to
rags, to shout for rags, to worship rags, to die for rags--that is a
loyalty of unreason; it is pure animal; it belongs to monarchy; was
invented by monarchy; let monarchy keep it. I was from Connecticut,
whose constitution declared "That all political power is
inherent in the people, and all free governments are founded on their
authority and instituted for their benefit, and that they have at all
times an undeniable and indefensible right to alter their form of
government in such a manner as they think expedient." Under that
gospel, the citizen who thinks that the Commonwealth's political
clothes are worn out and yet holds his peace and does not agitate for
a new suit, is disloyal; he is a traitor. That he may be the only one
who thinks he sees this decay does not excuse him; it is his duty to
agitate, anyway, and it is the duty of others to vote him down if
they do not see the matter as he does."
submitted
by colony@civil-liberties.com
The
North Carolina Legislature protested [by "Resolution" of
December 6, 1866] as follows:
"The
Federal Constitution declare, in substance, that Congress shall
consist of a House of Representatives, composed of members
apportioned among the respective States in the ratio of their
population, and of a Senate, composed of two members from each State.
And IN THE ARTICLE WHICH CONCERNS AMENDMENTS, IT IS EXPRESSLY
PROVIDED THAT `NO STATE, WITHOUT ITS CONSENT, SHALL BE DEPRIVED OF
ITS EQUAL SUFFRAGE IN THE SENATE.' THE CONTEMPLATED AMENDMENT WAS NOT
PROPOSED TO THE STATES BY A CONGRESS THUS CONSTITUTED. At the time of
its adoption, the eleven seceding States were deprived of
representation both in the Senate and House, although they all,
except the State of Texas, had Senators and Representatives duly
elected and claiming their privileges under the Constitution. In
consequence of this, these States had no voice on the important
question of proposing the Amendment. HAD THEY BEEN ALLOWED TO GIVE
THEIR VOTES, THE PROPOSITION WOULD DOUBTLESS HAVE FAILED TO COMMAND
THE REQUIRED TWO-THIRDS MAJORITY...."
"If
the votes of these States are necessary to a valid ratification of
the Amendment, they were equally necessary on the question of
proposing it to the States; for it would be difficult, in the opinion
of the Committee, to show by what process in logic, men of
intelligence would arrive at a different conclusion." North
Carolina Senate Journal, 1866-67, pp. 92 and 93.
"By
spurious, non-representative governments; seven of the southern
States, (which had theretofore rejected the proposed Amendment under
the duress of military occupation and of being denied representation
in Congress), did attempt to ratify the proposed Fourteenth
Amendment. The Secretary of ;State, (of July 20, 1868), issued his
proclamation wherein he stated that it was his duty under the law to
cause Amendments to be published and certified as a part of the
Constitution when he received official notice that they had been
adopted pursuant to the Constitution. Thereafter his certificate
contained the following language:"
"And
whereas neither the Act just quoted from, nor any other law,
expressly or by conclusive implication., authorizes the Secretary of
State to determine and decide doubtful questions as to the
authenticity of the organization of State legislatures, or as to the
power of any State legislature to recall a previous act or resolution
of ratification of any amendment proposed to the Constitution;"
"And
whereas it appears from official documents on file in this Department
that the amendment to the Constitution of the United States, proposed
as aforesaid, has been ratified by the legislatures of the States of
[naming 23, including New Jersey, Ohio, and Oregon];"
"And
whereas it further appears from documents on file in this Department
that the amendment to the Constitution of the United States, proposed
as aforesaid, has also been ratified by newly constituted and newly
established bodies avowing themselves to be and acting as the
legislatures, respectively, of the States of Arkansas, Florida, North
Carolina, Louisiana, South Carolina, and Alabama;"
"And
whereas it further appears from official documents on file in this
Department that the legislatures of two of the States first above
enumerated, to wit, Ohio and New Jersey, have since passed
resolutions respectively withdrawing the consent of each of said
States to the aforesaid amendment; and whereas it is deemed a matter
of doubt and uncertainty whether such resolutions are not irregular,
invalid, and therefore ineffectual for withdrawing the consent of the
said two States, or of either of them, to the aforesaid amendment;"
"And
whereas the whole number of States in the United States is
thirty-seven, to wit: [naming them];"
"And
whereas the twenty-three States first hereinbefore named, whose
legislatures have ratified the said proposed amendment, and the six
States next there after named, as having ratified the said proposed
amendment by newly constituted and established legislative bodies,
together constitute three fourths of the whole number of States in
the United States;"
"Now,
therefore, be it known that I, WILLIAM H. SEWARD, Secretary of State
of the United States, by virtue and in pursuant of the second section
of the act of Congress, approved the twentieth of April, eighteen
hundred and eighteen, hereinbefore cited, do hereby certify that if
the resolutions of the legislatures of Ohio and New Jersey ratifying
the aforesaid amendment are to be deemed as remaining of full force
and effect, notwithstanding the subsequent resolutions of the
legislatures of those States, which purport to withdraw the consent
of said States from such ratification, then the aforesaid amendment
had been ratified in the manner hereinbefore mentioned, and so has
become valid, to all intents and purposes, as a part of the
Constitution of the United States." *** (15 Stat. 707 (1868))"
Dyett v. Turner 439 p2d 266 @ 269, 20 U2d 403
Dyett v. Turner 439 p2d 266 @ 269, 20 U2d 403
"Congress
was not satisfied with the proclamation as issued and on the next day
passed a Concurrent Resolution wherein it was resolved:"
"That
said Fourteenth Article is hereby declared to be a part of the
Constitution of the United States, and it shall be duly promulgated
as such by the Secretary of State."
"Resolution
set forth in proclamation of Secretary of State, (15 Stat. 709
[1868])."
See also U.S.C.G., Amends. 1 to 5, Constitution, p. 11
See also U.S.C.G., Amends. 1 to 5, Constitution, p. 11
"Thereupon;
William H. Seaward, the Secretary of State (after setting forth the
Concurrent Resolution of both Houses of Congress) then certified that
the Amendment:"
"Has
become valid to all intents and purposes as a part of the
Constitution of the United States." (15 Stat. 708 [1868])"
Dyett v. Turner 439 p2d 266 @ 269, 20 U2d 403
Dyett v. Turner 439 p2d 266 @ 269, 20 U2d 403
"The
Constitution of the United States is silent as to who should decide
whether a proposed Amendment has or has not been passed according to
formal provisions of Article V of the Constitution. The Supreme Court
of the United States is the ultimate authority on the meaning of the
Constitution and has never hesitated in a proper case to declare an
Act of Congress unconstitutional except when the Act purported to
amend the Constitution."
Dyett v. Turner 439 p2d 266 @ 269, 20 U2d 403
Dyett v. Turner 439 p2d 266 @ 269, 20 U2d 403
"In
the case of Laser v. Garnet 258 U.S. 130, 42 SECT. 217, 66 LED. 505,
the question was before the Supreme Court as to whether or not the
Nineteenth Amendment had been ratified pursuant to the Constitution.
In the last paragraph of the decision the Supreme Court said:"
"As
the legislatures of Tennessee and of West Virginia had power to adopt
the resolutions of ratification, official notice to the Secretary,
duly authenticated, that they had done so, was conclusive upon him,
and, being certified to by his proclamation, is conclusive upon the
courts." Dyett v. Turner 439 p2d 266 @ 269, 20 U2d 403
"The
duty of the Secretary of State was ministerial, to wit, to count and
determine when three fourths of the States had ratified the proposed
Amendment. He could not determine that a State, once having rejected
a proposed Amendment, could thereafter approve it; nor could he
determine that a State, once having ratified that proposal, could
thereafter reject it. The Supreme Court, and not Congress, should
determine whether the Amendment process be final or would not be
final, whether the first vote was for ratification or rejection."
Dyett v. Turner 439 p2d 266 @ 269, 20 U2d 403
Dyett v. Turner 439 p2d 266 @ 269, 20 U2d 403
"In
order to have 27 States ratify the Fourteenth Amendment, it was
necessary to count those States which had first rejected and then
under the duress of military occupation had ratified, and then also
to count those States which initially ratified but subsequently
rejected the proposal." Dyett v. Turner 439 p2d 266 @ 269, 20
U2d 403
"To
leave such dishonest counting to a fractional part of Congress is
dangerous in the extreme. What is to prevent any political party
having control of both Houses of Congress from refusing to seat the
opposition and then passing a Joint Resolution to the effect that the
Constitution is amended and that it is the duty of the Administrator
of the General Services Administration to proclaim the adoption?"
"Would
the Supreme Court of the United States still say the problem was
political and refuse to determine whether constitutional standards
had been met?"
Dyett v. Turner 439 p2d 266 @ 269, 20 U2d 403
Dyett v. Turner 439 p2d 266 @ 269, 20 U2d 403
Tulane
Law Review vol. 28 1953, The Dubious Origin Of The Fourteenth
Amendment,
by Walter J. Suthon, Jr.
by Walter J. Suthon, Jr.
"How
remote was this Hamiltonian concept from the events of 1867 and 1888,
when a "rump" Congress arrogated to itself the power to
force ratification of a rejected amendment, coercing ratifications by
several of the rejecting States." page 26
"This
submission was by a two-thirds vote of the quorum present in each
House of Congress, and in that sense it complied with Article V of
the Constitution. However, the submission was by a "rump"
Congress. Using the constitutional provision that "Each House
shall be the judge of the Elections, Returns and Qualifications of
its own Members..." each House had excluded all persons
appearing with credentials as Senators or Representatives from the
ten Southern States of Virginia, North Carolina, South Carolina,
Georgia, Florida, Alabama, Mississippi, Louisiana, Arkansas and
Texas. This exclusion, through the exercise of an unreviewable
constitutional prerogative, constituted a gross violation of the
essence of two other constitutional provisions, both intended to
protect the rights of the States to representation in Congress."
page 28
"Had
these ten Southern States not been summarily denied their
constitutional rights of representation in Congress, through the
ruthless use of the power of each House to pass on the election and
qualifications of its members, this amendment proposal would
doubtless have died a-borning. It obviously would have been
impossible to secure a two-thirds vote for the submission of the
proposed Fourteenth Amendment, particularly in the Senate, if the
excluded members had been permitted to enter and to vote. Of course,
that was one of the motives and reasons for this policy of ruthless
exclusion." page 28
"Assuming
the validity of the submission of this amendment by a two-thirds vote
of this "rump" Congress, there is no gainsaying the obvious
proposition that whatever "contemplation" or
"understanding" this "rump" Congress may have
had, as to the intent, or the scope, or the effect, or the
consequences of the amendment being submitted, was necessarily a
"rump" contemplation or understanding. The ten Southern
States, whose Senators and Representatives were all excluded from the
deliberations of the "rump" Congress, could have had no
possible part in the development or formation of any "contemplation"
or "understanding" of what the consequences and effects of
the proposed amendment were to be." page 29
"This
created a situation which made impossible the ratification of the
Amendment unless some of these rejections were reversed. With
thirty-seven States in all, ten rejections were sufficient to prevent
the adoption of the amendment proposal. The thirteen rejections, by
the ten Southern States and three border States, were more than
sufficient to block ratification even if all other States finally
ratified." page 30
"This
is the only action ever taken on the Fourteenth Amendment by a
Louisiana Legislature exercising free and unfettered and uncoerced
judgement and discretion as between ratification or rejection of the
amendment proposal. The subsequent purported ratification of this
Amendment in Louisiana was by a legislature of a puppet government,
created by the radical majority of Congress to do the bidding of its
master, and compelled to ratify this Amendment by the Federal Statute
which had brought this puppet government into existence for this
specific purpose."
page 30
page 30
"It
is most interesting to read the proceedings of the Louisiana House of
Representatives on February 6, 1867, whereby that body adopted the
Joint Resolution ordaining the refusal of Louisiana to ratify the
proposed Fourteenth Amendment--the Joint Resolution which became Act
4 of 1867. This Journal shows, by the roll call, that one hundred
members voted out of a total House membership of one hundred and
ten--and that the unanimous vote was one hundred against ratification
and not in favor of it.
This
was the last opportunity for a free and uncoerced expression of views
on this amendment proposal by duly elected representatives of the
people of Louisiana." page 31
"The
Act dealt with these Southern States, referred to as "rebel
States" in its various provisions. It opened with a recital that
"no legal State government" existed in these States. It
placed these States under military rule. Louisiana and Texas were
grouped together as the Fifth Military District, and placed under the
domination of an army officer appointed by the President. All
civilian authorities were placed under the dominant authority of the
military government." page 31
"The
most extreme and amazing feature of the Act was the requirement that
each excluded State must ratify the Fourteenth Amendment, in order to
again enjoy the status and rights of a State, including
representation in Congress. Section 3 of the Act sets fourth this
compulsive coercion thus imposed upon the Southern States." page
32
"Senator
Doolittle of Wisconsin, a Northerner and a Conservative Republican.
During the floor debate on the bill, he said:
"My
friend has said what has been said all around me, what is said every
day: the people of the South have rejected the constitutional
amendment, and therefore we will march upon them and force them to
adopt it at the point of the bayonet, and establish military power
over them until they do adopt it." page 32
"President
Johnson vetoed the Reconstruction Act in an able message, stressing
its harsh injustices and its many aspects of obvious
unconstitutionality. He justifiably denounced it as "a bill of
attainder against nine million people at once." page 33
"Notwithstanding
this able message, the Act was promptly passed over his veto by the
required two-thirds majority in each House. Military rule took over
in the ten Southern States to initiate the process of conditioning a
subjugated people to an ultimate acceptance of the Fourteenth
Amendment." page 33
"Whatever
justification for other portions of the Reconstruction Act may or may
not be found in this constitutional provision, there could clearly be
no sort of a relationship between a guarantee to a State of "a
republican form of government" and an abrogation of the basic
and constitutional right of a State, in its legislative discretion,
to make its own choice between ratification or rejection of a
constitutional amendment proposal submitted to the state legislatures
by the Congress of the United States. To deny to a State the exercise
of this free choice between ratification and rejection, and to put
the harshest sort of coercive pressure upon a State to compel
ratification, was clearly a gross infraction--not and
effectuation--of the constitutional guarantee of "a republican
form of government." page 37
Madison
said in Federalist No. 43:
"....the
authority extends no further than to a guaranty of a republican form
government, which supposes a preexisting government of the form which
is to be guaranteed. As long, therefore, as the existing republican
forms are continued by the States, they are guaranteed by the federal
Constitution. Whenever the States may choose to substitute other
republican forms, they have a right to do so, and to claim the
federal guaranty for the latter. The only restriction imposed on them
is , that they shall not exchange republican for anti-republican
Constitutions; a restriction which, it is presumed, will hardly be
considered as a grievance." page 38
"The
enactment of the legislature of the puppet government of Louisiana
which ratified the Fourteenth Amendment is embodied in Act 2 of 1868.
The legislative journals of that session reflect the presence and
dominance of the military, all as provided for and contemplated by
the Reconstruction Act." page 39
"The
House Journal shows that on June 29, 1868, Colonel Batchelder opened
the session by calling the roll and reading an extract form the order
of General Grant. The Senate Journal for the same date shows the
reading of instructions from General Grant to the Commanding Officer
of the Fifth Military District emphasizing the supremacy of the power
of the military over the provisional civilian government. It was
under these auspices that the coerced ratifications of the Fourteenth
Amendment in Louisiana was accomplished." page 40
"Also
worth of note in this connection ins the holding in 1895 that the
levying of an income tax by the Federal Government, without
apportioning the tax among the States as a direct tax, violated the
taxing-power provisions of the Constitution of the United
States--although, thirty years prior to this judicial vindication of
what the majority of the Court deemed to be fundamental and true
Constitutional provisions, the Federal Government had levied and
collected income taxes for several years on a large scale, and had
financed a major war of vital consequences to a very considerable
extent out of revenues so obtained." page 44
Tulane
Law Review vol. 28 1953, The Dubious Origin Of The Fourteenth
Amendment,
by Walter J. Suthon, Jr.
by Walter J. Suthon, Jr.
"How
remote was this Hamiltonian concept from the events of 1867 and 1888,
when a "rump" Congress arrogated to itself the power to
force ratification of a rejected amendment, coercing ratifications by
several of the rejecting States." page 26
"This
submission was by a two-thirds vote of the quorum present in each
House of Congress, and in that sense it complied with Article V of
the Constitution. However, the submission was by a "rump"
Congress. Using the constitutional provision that "Each House
shall be the judge of the Elections, Returns and Qualifications of
its own Members..." each House had excluded all persons
appearing with credentials as Senators or Representatives from the
ten Southern States of Virginia, North Carolina, South Carolina,
Georgia, Florida, Alabama, Mississippi, Louisiana, Arkansas and
Texas. This exclusion, through the exercise of an unreviewable
constitutional prerogative, constituted a gross violation of the
essence of two other constitutional provisions, both intended to
protect the rights of the States to representation in Congress."
page 28
"Had
these ten Southern States not been summarily denied their
constitutional rights of representation in Congress, through the
ruthless use of the power of each House to pass on the election and
qualifications of its members, this amendment proposal would
doubtless have died a-borning. It obviously would have been
impossible to secure a two-thirds vote for the submission of the
proposed Fourteenth Amendment, particularly in the Senate, if the
excluded members had been permitted to enter and to vote. Of course,
that was one of the motives and reasons for this policy of ruthless
exclusion." page 28
"Assuming
the validity of the submission of this amendment by a two-thirds vote
of this "rump" Congress, there is no gainsaying the obvious
proposition that whatever "contemplation" or
"understanding" this "rump" Congress may have
had, as to the intent, or the scope, or the effect, or the
consequences of the amendment being submitted, was necessarily a
"rump" contemplation or understanding. The ten Southern
States, whose Senators and Representatives were all excluded from the
deliberations of the "rump" Congress, could have had no
possible part in the development or formation of any "contemplation"
or "understanding" of what the consequences and effects of
the proposed amendment were to be." page 29
"This
created a situation which made impossible the ratification of the
Amendment unless some of these rejections were reversed. With
thirty-seven States in all, ten rejections were sufficient to prevent
the adoption of the amendment proposal. The thirteen rejections, by
the ten Southern States and three border States, were more than
sufficient to block ratification even if all other States finally
ratified." page 30
"This
is the only action ever taken on the Fourteenth Amendment by a
Louisiana Legislature exercising free and unfettered and uncoerced
judgement and discretion as between ratification or rejection of the
amendment proposal. The subsequent purported ratification of this
Amendment in Louisiana was by a legislature of a puppet government,
created by the radical majority of Congress to do the bidding of its
master, and compelled to ratify this Amendment by the Federal Statute
which had brought this puppet government into existence for this
specific purpose."
page 30
page 30
"It
is most interesting to read the proceedings of the Louisiana House of
Representatives on February 6, 1867, whereby that body adopted the
Joint Resolution ordaining the refusal of Louisiana to ratify the
proposed Fourteenth Amendment--the Joint Resolution which became Act
4 of 1867. This Journal shows, by the roll call, that one hundred
members voted out of a total House membership of one hundred and
ten--and that the unanimous vote was one hundred against ratification
and not in favor of it.
This
was the last opportunity for a free and uncoerced expression of views
on this amendment proposal by duly elected representatives of the
people of Louisiana." page 31
"The
Act dealt with these Southern States, referred to as "rebel
States" in its various provisions. It opened with a recital that
"no legal State government" existed in these States. It
placed these States under military rule. Louisiana and Texas were
grouped together as the Fifth Military District, and placed under the
domination of an army officer appointed by the President. All
civilian authorities were placed under the dominant authority of the
military government." page 31
"The
most extreme and amazing feature of the Act was the requirement that
each excluded State must ratify the Fourteenth Amendment, in order to
again enjoy the status and rights of a State, including
representation in Congress. Section 3 of the Act sets fourth this
compulsive coercion thus imposed upon the Southern States." page
32
"Senator
Doolittle of Wisconsin, a Northerner and a Conservative Republican.
During the floor debate on the bill, he said:
"My
friend has said what has been said all around me, what is said every
day: the people of the South have rejected the constitutional
amendment, and therefore we will march upon them and force them to
adopt it at the point of the bayonet, and establish military power
over them until they do adopt it." page 32
"President
Johnson vetoed the Reconstruction Act in an able message, stressing
its harsh injustices and its many aspects of obvious
unconstitutionality. He justifiably denounced it as "a bill of
attainder against nine million people at once." page 33
"Notwithstanding
this able message, the Act was promptly passed over his veto by the
required two-thirds majority in each House. Military rule took over
in the ten Southern States to initiate the process of conditioning a
subjugated people to an ultimate acceptance of the Fourteenth
Amendment." page 33
"Whatever
justification for other portions of the Reconstruction Act may or may
not be found in this constitutional provision, there could clearly be
no sort of a relationship between a guarantee to a State of "a
republican form of government" and an abrogation of the basic
and constitutional right of a State, in its legislative discretion,
to make its own choice between ratification or rejection of a
constitutional amendment proposal submitted to the state legislatures
by the Congress of the United States. To deny to a State the exercise
of this free choice between ratification and rejection, and to put
the harshest sort of coercive pressure upon a State to compel
ratification, was clearly a gross infraction--not and
effectuation--of the constitutional guarantee of "a republican
form of government." page 37
Madison
said in Federalist No. 43:
"....the
authority extends no further than to a guaranty of a republican form
government, which supposes a preexisting government of the form which
is to be guaranteed. As long, therefore, as the existing republican
forms are continued by the States, they are guaranteed by the federal
Constitution. Whenever the States may choose to substitute other
republican forms, they have a right to do so, and to claim the
federal guaranty for the latter. The only restriction imposed on them
is , that they shall not exchange republican for anti-republican
Constitutions; a restriction which, it is presumed, will hardly be
considered as a grievance." page 38
"The
enactment of the legislature of the puppet government of Louisiana
which ratified the Fourteenth Amendment is embodied in Act 2 of 1868.
The legislative journals of that session reflect the presence and
dominance of the military, all as provided for and contemplated by
the Reconstruction Act." page 39
"The
House Journal shows that on June 29, 1868, Colonel Batchelder opened
the session by calling the roll and reading an extract form the order
of General Grant. The Senate Journal for the same date shows the
reading of instructions from General Grant to the Commanding Officer
of the Fifth Military District emphasizing the supremacy of the power
of the military over the provisional civilian government. It was
under these auspices that the coerced ratifications of the Fourteenth
Amendment in Louisiana was accomplished." page 40
"Also
worth of note in this connection ins the holding in 1895 that the
levying of an income tax by the Federal Government, without
apportioning the tax among the States as a direct tax, violated the
taxing-power provisions of the Constitution of the United
States--although, thirty years prior to this judicial vindication of
what the majority of the Court deemed to be fundamental and true
Constitutional provisions, the Federal Government had levied and
collected income taxes for several years on a large scale, and had
financed a major war of vital consequences to a very considerable
extent out of revenues so obtained." page 44
Reconstruction
Act of March 2, 1867
RECONSTRUCTION
ACT OF THIRTY-NINTH CONGRESS
Twenty
Years of Congress: From Lincoln to Garfield.
With
a review of the events which led to the political revolution of 1860,
by James G. Blaine. Vol. II, pp. 681-682.
by James G. Blaine. Vol. II, pp. 681-682.
An
Act to provide for the more efficient government of the rebel states.
"Whereas
no legal State governments or adequate protection for life or
property now exist in the rebel States of Virginia, North Carolina,
South Carolina, Georgia, Mississippi, Alabama, Louisiana, Florida,
Texas, and Arkansas; and whereas it is necessary that peace and good
order should be enforced in said States until loyal and republican
State governments can be legally established: Therefore."
"Be
it enacted, That said rebel States shall be divided into military
districts and made subject to the military authority of the United
States, as hereinafter prescribed, and for that purpose Virginia
shall constitute the first district; North Carolina and South
Carolina the second district; Georgia, Alabama, and Florida the third
district; Mississippi and Arkansas the fourth district; and Louisiana
and Texas the fifth district."
Sec.
2. "That it shall be the duty of the President to assign to the
command of each of said districts an officer of the army, not below
the rank of brigadier-general, and to detail a sufficient military
force to enable such officer to perform his duties and enforce his
authority within the district to which he is assigned."
Sec.
3. "That it shall be the duty of each officer assigned as
aforesaid to protect all persons in their rights of person and
property, to suppress insurrection, disorder, and violence, and to
punish, or cause to be punished, all disturbers of the public peace
and criminals, and to this end he may allow local civil tribunals to
take jurisdiction of and to try offenders, or, when in his judgment
it may be necessary for the trial of offenders, he shall have power
to organize military commissions or tribunals for that purpose; and
all interference under color of State authority with the exercise of
military authority under this act shall be null and void."
Sec.
4. "That all persons put under military arrest by virtue of this
act shall be tried without unnecessary delay, and no cruel or unusual
punishment shall be inflicted; and no sentence of any military
commission or tribunal hereby authorized, affecting the life or
liberty of any person, shall be executed until it is approved by the
officer in command of the district, and the laws and regulations for
the government of the army shall not be affected by this act, except
in so far as they conflict with its provisions:
"Provided,
That no sentence of death under the provisions of this act shall be
carried into effect without the approval of the President."
Sec.
5."That when the people of any one of said rebel States shall
have formed a constitution of government in conformity with the
Constitution of the United States in all respects, framed by a
convention of delegates elected by the male citizens of said State
twenty-one years old and upward, of whatever race, color, or previous
condition, who have been resident in said State for one year previous
to the day of such election, except such as may be disfranchised for
participation in the rebellion, or for felony at common law, and when
such constitution shall provide that the elective franchise shall be
enjoyed by all such persons as have the qualifications herein stated
for electors of delegates, and when such constitution shall be
ratified by a majority of the persons voting on the question of
ratification who are qualified as electors for delegates, and when
such constitution shall have been submitted to Congress for
examination and approval, and Congress shall have approved the same,
and when said State, by a vote of its legislature elected under said
constitution, shall have adopted the amendment to the Constitution of
the United States, proposed by the Thirty-Ninth Congress, and known
as a targe."
"After
Ten Amend article fourteen, and when said article shall have become a
part of the Constitution of the United States, said State shall be
declared entitled to representation in Congress, and Senators and
Representatives shall be admitted therefrom on their taking the oaths
prescribed by law, and then and thereafter the preceding sections of
this act shall be inoperative in said State:
"Provided,
That no person excluded from the privilege of holding office by said
proposed amendment to the Constitution of the United States shall be
eligible to election as a member of the convention to frame a
constitution for any of said rebel States, nor shall any such person
vote for members of such convention."
Sec.
6."That until the people of said rebel states shall be by law
admitted to representation in the Congress of the United States, any
civil governments which may exist therein shall be deemed provisional
only, and in all respects subject to the paramount authority of the
United States at any time to abolish, modify, control, or supersede
the same; and in all elections to any office under such provisional
governments all persons shall be entitled to vote, and none others,
who are entitled to vote under the provisions of the fifth section of
this act; and no person shall be eligible to any office under any
such provisional governments who would be disqualified from holding
office under the provisions of the third article of said
constitutional amendment.
Reconstruction
Act of March 11, 1868
AMENDATORY
RECONSTRUCTION ACT OF MARCH 11, 1868
Twenty
Years of Congress: From Lincoln to Garfield.
With
a review of the events which led to the political revolution of 1860,
by James G. Blaine. Vol. II, p. 687.
by James G. Blaine. Vol. II, p. 687.
"An
Act to amend the act passed March 23, 1867, entitled An Act
supplementary to 'An act to provide for the more efficient government
of the rebel states,' passed March 2, 1867, and to facilitate their
restoration."
"Be
it enacted, That hereafter any election authorized by the act passed
March 23, 1867, entitled "An Act supplementary to 'An act to
provide for the more efficient government of the rebel states,'
passed March 2, 1867, and to facilitate their restoration,"
shall be decided by a majority of the votes actually cast; and at the
election in which the question of the adoption or rejection of any
constitution is submitted, any person duly registered in the State
may vote in the election district where he offers to vote when he has
resided therein for ten days next preceding such election, upon
presentation of his certificate of registration, his affidavit, or
other satisfactory evidence, under such regulations as the district
commanders may prescribe."
Sec.
2. "That the constitutional convention of any of the States
mentioned in the acts to which this is amendatory may provide that at
the time of voting upon the ratification of the constitution, the
registered voters may vote also for members of the House of
Representatives of the United States, and for all elective officers
provided for by the said constitution; and the same election
officers, who shall make the returns of the votes cast on the
ratification or rejection of the constitution, shall enumerate and
certify the votes cast for members of Congress."
Reconstruction
Act of March 23, 1867
SUPPLEMENTARY
RECONSTRUCTION ACT OF FORTIETH CONGRESS.
Twenty
Years of Congress: From Lincoln to Garfield.
With
a review of the events which led to the political revolution of 1860,
by James G. Blaine. Vol. II, pp. 682-685.
by James G. Blaine. Vol. II, pp. 682-685.
An
Act supplementary to an act entitled
An
act to provide for the more efficient government of the rebel states,
passed March second, eighteen hundred and sixty-seven, and to
facilitate restoration.
"Be
it enacted, That before the first day of September, eighteen hundred
and sixty-seven, the commanding general in each district defined by
an act entitled."
"An
Act to provide for the more efficient government of the rebel States,
passed March second, eighteen hundred and sixty-seven, shall cause a
registration to be made of the male citizens of the United States,
twenty-one years of age and upwards, resident in each county or
parish in the State or States included in his district, which
registration shall include only those persons who are qualified to
vote for delegates by the act aforesaid, and who shall have taken and
subscribed the following oath or affirmation: "I, _____, do
solemnly swear, (or affirm,) in the presence of Almighty God, that I
am a citizen of the State of _____; that I have resided in said State
for _____ months next preceding this day, and now reside in the
county of _____, or the parish of _____, in said State, (as the case
may be;) that I am twenty-one years old; that I have not been
disfranchised for participation in any rebellion or civil war against
the United States, nor for felony committed against the laws of any
State or of the United States; that I have never been a member of any
State legislature, nor held any executive or judicial office in any
State and afterwards engaged in insurrection or rebellion against the
United States, or given aid or comfort to the enemies thereof; that I
have never taken an oath as a member of Congress of the United
States, or as an officer of the United States, or as a member of any
State legislature, or as an executive or judicial officer of any
State, to support the Constitution of the United States, and
afterwards engaged in insurrection or rebellion against the United
States or given aid or comfort to the enemies thereof; that I will
faithfully support the Constitution and obey the laws of the United
States, and will, to the best of my ability, encourage others so to
do, so help me God;" which oath or affirmation may be
administered by any registering officer."
Sec.
2. "That after the completion of the registration hereby
provided for in any State, at such time and places therein as the
commanding general shall appoint and direct, of which at least thirty
days' public notice shall be given, an election shall be held of
delegates to a convention for the purpose of establishing a
constitution and civil government for such state loyal to the Union,
said convention in each State, except Virginia, to consist of the
same number of members as the most numerous branch of the State
legislature of such State in the year eighteen hundred and sixty, to
be apportioned among the several districts, counties, or parishes of
such State by the commanding general, giving to each representation
in the ratio of voters registered as aforesaid, as nearly as may be.
The convention in Virginia shall consist of the same number of
members as represented the territory now constituting Virginia in the
most numerous branch of the legislature of said State in the year
eighteen hundred and sixty, to be apportioned as aforesaid."
Sec.
3. "That at said election the registered voters of each State
shall vote for or against a convention to form a constitution
therefor under this act. Those voting in favor of such a convention
shall have written or printed on the ballots by which they vote for
delegates, as aforesaid, the words "For a convention," and
those voting against such a convention shall have written or printed
on such ballots the words "Against a convention." The
person appointed to superintend said election, and to make return of
the votes given thereat, as herein provided, shall count and make
return of the votes given for and against a convention; and the
commanding general to whom the same shall have been returned shall
ascertain and declare the total vote in each State for and against a
convention. If a majority of the votes given on that question shall
be for a convention, then such convention shall be held as
hereinafter provided; but if a majority of said votes shall be
against a convention, then no such convention shall be held under
this act:
"Provided,
That such convention shall not be held unless a majority of all such
registered voters shall have voted on the question of holding such
convention."
Sec.
4. "That the commanding general of each district shall appoint
as many boards of registration as may be necessary, consisting of
three loyal officers or persons, to make and complete the
registration, superintend the election, and make return to him of the
votes, lists of voters, and of the persons elected as delegates by a
plurality of the votes cast at said election; and upon receiving said
returns he shall open the same, ascertain the persons elected as
delegates according to the returns of the officers who conducted said
election, and make proclamation thereof; and if a majority of the
votes given on that question shall be for a convention, the
commanding general, within sixty days from the date of election,
shall notify the delegates to assemble in convention, at a time and
place to be mentioned in the notification, and said convention, when
organized, shall proceed to frame a constitution and civil government
according to the provisions of this act and the act to which is it
supplementary; and when the same shall have been so framed, said
constitution shall be submitted by the convention for ratification to
the persons registered under the provisions of this act at an
election to be conducted by the officers or persons appointed or to
be appointed by the commanding general, as hereinbefore provided, and
to be held after the expiration of thirty days from the date of
notice thereof, to be given by said convention; and the returns
thereof shall be made to the commanding general of the district."
Sec.
5. "That if, according to said returns, the constitution shall
be ratified by a majority of the votes of the registered electors
qualified as herein specified, cast at said election, (at least one
half of all the registered voters voting upon the question of such
ratification,) the president of the convention shall transmit a copy
of the same, duly certified, to the President of the United States,
who shall forthwith transmit the same to Congress, if then in
session, and if not in session, then immediately upon its next
assembling; and if it shall, moreover, appear to Congress that the
election was one at which all the registered and qualified electors
in the State had an opportunity to vote freely and without restraint,
fear, or the influence of fraud, and if the Congress shall be
satisfied that such constitution meets the approval of a majority of
all the qualified electors in the State, and if the said constitution
shall be declared by Congress to be in conformity with the provisions
of the act to which this is supplementary, and the other provisions
of said act shall have been complied with, and the said constitution
shall be approved by Congress, the State shall be declared entitled
to representation, and Senators and Representatives shall be admitted
therefrom as therein provided."
Sec.
6. "That all elections in the States mentioned in the said "Act
to provide for the more efficient government of the rebel States,"
shall, during the operation of said act, be by ballot; and all
officers making the said registration of voters and conducting said
elections shall, before entering upon the discharge of their duties,
take and subscribe the oath prescribed by the oath 1862 act approved
July second, eighteen hundred and sixty-two, entitled "An act to
prescribe an oath of office:"
"Provided,
That if any person shall knowingly and falsely take and subscribe any
oath in this act prescribed, such person so offending and being
thereof duly convicted, shall be subject to the pains, penalties, and
disabilities which by law are provided for the punishment of the
crime of wilful and corrupt perjury."
Sec.
7. "That all expenses incurred by the several commanding
generals, or by virtue of any orders issued, or appointments made, by
them, under or by virtue of this act, shall be paid out of any moneys
in the treasury not otherwise appropriated."
Sec.
8. "That the convention for each State shall prescribe the fees,
salary, and compensation to be paid to all delegates and other
officers and agents herein authorized or necessary to carry into
effect the purposes of this act not herein otherwise provided for,
and shall provide for the levy and collection of such taxes on the
property in such State as may be necessary to pay the same."
Sec.
9. "That the word article, in the sixth section of the act to
which this is supplementary, shall be construed to mean section."
Reconstruction
Act of July 19, 1867
SUPPLEMENTARY
RECONSTRUCTION ACT OF JULY 19, 1867.
Twenty
Years of Congress: From Lincoln to Garfield.
With
a review of the events which led to the political revolution of 1860,
by James G. Blaine. Vol. II, pp. 685-687.
by James G. Blaine. Vol. II, pp. 685-687.
"An
Act supplementary to an act entitled An Act to provide for the more
efficient government of the rebel states, passed on the second day of
March, 1867, and the act supplementary thereto, passed on the 23d day
of March, 1867."
"Be
it enacted, That it is hereby declared to have been the true intent
and meaning of the act of the 2d day of March, 1867, entitled "An
act to provide for the more efficient government of the rebel
States," and of the act supplementary thereto, passed on the 23d
day of March, 1867, that the governments then existing in the rebel
States of Virginia, North Carolina, South Carolina, Georgia,
Mississippi, Alabama, Louisiana, Florida, Texas, and Arkansas, were
not legal State governments; and that thereafter said governments, if
continued, were to be continued subject in all respects to the
military commanders of the respective districts, and to the paramount
authority of Congress."
Sec.
2."That the commander of any district named in said act shall
have power, subject to the disapproval of the General of the army of
the United States, and to have effect till disapproved, whenever in
the opinion of such commander the proper administration of said act
shall require it, to suspend or remove from office, or from the
performance of official duties and the exercise of official powers,
any officer or person holding or exercising, or professing to hold or
exercise, any civil or military office or duty in such district under
any power, election, appointment, or authority derived from, or
granted by, or claimed under, any so-called State or the government
thereof, or any municipal or other division thereof; and upon such
suspension or removal such commander, subject to the disapproval of
the General as aforesaid, shall have power to provide from time to
time for the performance of the said duties of such officer or person
so suspended or removed, by the detail of some competent officer or
soldier of the army, or by the appointment of some other person to
perform the same, and to fill vacancies occasioned by death,
resignation, or otherwise."
Sec.
3. "That the General of the army of the United States shall be
invested with all the powers of suspension, removal, appointment, and
detail granted in the preceding section to district commanders."
Sec.
4. "That the acts of the officers of the army already done in
removing in said districts persons exercising the functions of civil
officers, and appointing others in their stead, are hereby confirmed:
Provided, That any person heretofore or hereafter appointed by any
district commander to exercise the functions of any civil office, may
be removed either by the military officer in command of the district,
or by the General of the army. And it shall be the duty of such
commander to remove from office, as aforesaid, all persons who are
disloyal to the Government of the United States, or who use their
official influence in any manner to hinder, delay, prevent, or
obstruct the due and proper administration of this act and the acts
to which it is supplementary."
Sec.
5."That the boards of registration provided for in the act
entitled "An act supplementary to an act entitled 'An act to
provide for the more efficient government of the rebel States,'
passed March 2, 1867, and to facilitate restoration," passed
March 23, 1867, shall have power, and it shall be their duty, before
allowing the registration of any person, to ascertain, upon such
facts or information as they can obtain, whether such person is
entitled to be registered under said act, and the oath required by
said act shall not be conclusive on such question, and no person
shall be registered unless such board shall decide that he is
entitled thereto; and such board shall also have power to examine,
under oath, (to be administered by any member of such board,) any one
touching the qualification of any person claiming registration; but
in every case of refusal by the board to register an applicant, and
in every case of striking his name the list as hereinafter provided,
the board shall make a note or memorandum, which shall be returned
with the registration list to the commanding general of the district,
setting forth the grounds of such refusal or such striking from the
list:
"Provided,
That no person shall be disqualified as member of any board of
registration by reason of race or color."
Sec.
6. "That the true intent and meaning of the oath prescribed in
said supplementary act is, (among other things,) that no person who
has been a member of the Legislature of any State, or who has held
any executive or judicial office in any State, whether he has taken
an oath to support the Constitution of the United States or not, and
whether he was holding such office at the commencement of the
rebellion, or had held it before, and who has afterwards engaged in
insurrection or rebellion against the United States, or given aid or
comfort to the enemies thereof, is entitled to be registered or to
vote; and the words "executive or judicial office in any State"
in said oath mentioned shall be construed to include all civil
offices created by law for the administration of any general law of a
State, or for the administration of justice."
sec.
7. "That the time for completing the original registration
provided for in said act may, in the discretion of the commander of
any district, be extended to the 1st day of October, 1867; and the
boards of registration shall have power, and it shall be their duty,
commencing fourteen days prior to any election under said act, and
upon reasonable public notice of the time and place thereof, to
revise, for a period of five days, the registration lists, and, upon
being satisfied that any person not entitled thereto has been
registered, to strike the name of such person the list, and such
person shall not be allowed to vote. And such board shall also,
during the same period, add to such registry the names of all persons
who at that time possess the qualifications required by said act who
have not been already registered; and no person shall, at any time,
be entitled to be registered or to vote, by reason of any executive
pardon or amnesty, for any act or thing which, without such pardon or
amnesty, would disqualify him from registration or voting."
Sec.
8. "That section four of said last-named act shall be construed
to authorize the commanding general named therein, whenever he shall
deem it needful, to remove any member of a board of registration and
to appoint another in his stead, and to fill any vacancy in such
board."
Sec.
9. "That all members of said boards of registration, and all
persons hereafter elected or appointed to office in said military
districts, under any so-called State or municipal authority, or by
detail or appointment of the district commanders, shall be required
to take and to subscribe the oath of office prescribed by law for
officers of the United States. I am not sure that this is the oath
intended here."
Sec.
10. "That no district commander or member of the board of
registration, or any of the officers or appointees acting under them,
shall be bound in his action by any opinion of any civil officer of
the United States."
Sec.
11. "That all the provisions of this act and of the acts to
which this is supplementary shall be construed liberally, to the end
that all the intents thereof may be fully and perfectly carried out."
Proclamation
of Amnesty and Reconstruction
BY
THE PRESIDENT OF THE UNITED STATES OF AMERICA:
A
PROCLAMATION.
"Whereas,
in and by the Constitution of the United States, it is provided that
the President "shall have power to grant reprieves and pardons
for offenses against the United States, except in cases of
impeachment;" and
"Whereas
a rebellion now exists whereby the loyal State governments of several
States have for a long time been subverted, and many persons have
committed and are now guilty of treason against the United States;
and Whereas, with reference to said rebellion and treason, laws have
been enacted by Congress declaring forfeitures and confiscation of
property and liberation of slaves, all upon terms and conditions
therein stated, and also declaring that the President was thereby
authorized at any time thereafter, by proclamation, to extend to
persons who may have participated in the existing rebellion, in any
State or part thereof, pardon and amnesty, with such exceptions and
at such times and on such conditions as he may deem expedient for the
public welfare;" and
"Whereas
the congressional declaration for limited and conditional pardon
accords with well-established judicial exposition of the pardoning
power;" and "Whereas, with reference to said rebellion, the
President of the United States has issued several proclamations, with
provisions in regard to the liberation of slaves; and Whereas it is
now desired by some persons heretofore engaged in said rebellion to
resume their allegiance to the United States, and to reinaugurate
loyal State governments within and for their respective States;
therefore,"
"I,
Abraham Lincoln, President of the United States, do proclaim,
declare, and make known to all persons who have, directly or by
implication, participated in the existing rebellion, except as
hereinafter excepted, that a full pardon is hereby granted to them
and each of them, with restoration of all rights of property, except
as to slaves, and in property cases where rights of third parties
shall have intervened, and upon the condition that every such person
shall take and subscribe an oath, and thenceforward keep and maintain
said oath inviolate; and which oath shall be registered for permanent
preservation, and shall be of the tenor and effect following, to
wit:"
"I,
--------, do solemnly swear, in presence of Almighty God, that I will
henceforth faithfully support, protect and defend the Constitution of
the United States, and the union of the States thereunder; and that I
will, in like manner, abide by and faithfully support all acts of
Congress passed during the existing rebellion with reference to
slaves, so long and so far as not repealed, modified or held void by
Congress, or by decision of the Supreme Court; and that I will, in
like manner, abide by and faithfully support all proclamations of the
President made during the existing rebellion having reference to
slaves, so long and so far as not modified or declared void by
decision of the Supreme Court. So help me God."
"The
persons excepted from the benefits of the foregoing provisions are
all who are, or shall have been, civil or diplomatic officers or
agents of the so-called confederate government; all who have left
judicial stations under the United States to aid the rebellion; all
who are, or shall have been, military or naval officers of said
so-called confederate government above the rank of colonel in the
army, or of lieutenant in the navy; all who left seats in the United
States Congress to aid the rebellion; all who resigned commissions in
the army or navy of the United States, and afterwards aided the
rebellion; and all who have engaged in any way in treating colored
persons or white persons, in charge of such, otherwise than lawfully
as prisoners of war, and which persons may have been found in the
United States service, as soldiers, seamen, or in any other
capacity."
"And
I do further proclaim, declare, and make known, that whenever, in any
of the States of Arkansas, Texas, Louisiana, Mississippi, Tennessee,
Alabama, Georgia, Florida, South Carolina, and North Carolina, a
number of persons, not less than one-tenth in number of the votes
cast in such State at the Presidential election of the year of our
Lord one thousand eight hundred and sixty, each having taken the oath
aforesaid and not having since violated it, and being a qualified
voter by the election law of the State existing immediately before
the so-called act of secession, and excluding all others, shall
re-establish a State government which shall be republican, and in no
wise contravening said oath, such shall be recognized as the true
government of the State, and the State shall receive thereunder the
benefits of the constitutional provision which declares that "The
United States shall guaranty to every State in this union a
republican form of government, and shall protect each of them against
invasion; and, on application of the legislature, or the executive,
(when the legislature cannot be convened,) against domestic
violence."
"And
I do further proclaim, declare, and make known that any provision
which may be adopted by such State government in relation to the
freed people of such State, which shall recognize and declare their
permanent freedom, provide for their education, and which may yet be
consistent, as a temporary arrangement, with their present condition
as a laboring, landless, and homeless class, will not be objected to
by the national Executive. And it is suggested as not improper, that,
in constructing a loyal State government in any State, the name of
the State, the boundary, the subdivisions, the constitution, and the
general code of laws, as before the rebellion, be maintained, subject
only to the modifications made necessary by the conditions
hereinbefore stated, and such others, if any, not contravening said
conditions, and which may be deemed expedient by those framing the
new State government."
"To
avoid misunderstanding, it may be proper to say that this
proclamation, so far as it relates to State governments, has no
reference to States wherein loyal State governments have all the
while been maintained. And for the same reason, it may be proper to
further say that whether members sent to Congress from any State
shall be admitted to seats, constitutionally rests exclusively with
the respective Houses, and not to any extent with the Executive. And
still further, that this proclamation is intended to present the
people of the States wherein the national authority has been
suspended, and loyal State governments have been subverted, a mode in
and by which the national authority and loyal State governments may
be re-established within said States, or in any of them; and, while
the mode presented is the best the Executive can suggest with his
present impressions, it must not be understood that no other possible
mode would be acceptable."
"Given
under my hand at the city, of Washington, the 8th. day of December,
A.D. one thousand eight hundred and sixty-three, and of the
independence of the United States of America the eighty-eighth."
ABRAHAM
LINCOLN
By
the President:
WILLIAM
H. SEWARD, Secretary of State
Veto message by President Johnson, March 2, 1867
"I
have examined the bill to provide for the more efficient government
of the Rebel States' with care and anxiety which its transcendent
importance is calculated to awaken. I am unable to give it my assent
for reasons so grave that I hope a statement of them may have some
influence on the minds of the patriotic and enlightened men with whom
the decision must ultimately rest."
"The
bill places all the people of the ten states therein named under the
absolute domination of military rules; and the preamble undertakes to
give the reason upon which the measure is based and the ground upon
which it is justified. It declares that there exists in those States
no legal governments and no adequate protection for life or property,
and asserts the necessity of enforcing peace and good order within
their limits. This is not true as a matter of fact."
"It
is not denied that the States in question have each of them an actual
government, with all the powers - executive, judicial, and
legislative - which properly belong to a free state. They are
organized like the other States of the Union, and, like them, they
make, administer, and execute the laws which concern their domestic
affairs. An existing de facto government, exercising such functions
as these, is itself the law of the state upon all matters within its
jurisdiction. To pronounce the supreme law making power of an
established state illegal is to say that law itself is unlawful."
"The
provisions which these governments have made for the preservation of
order, the suppression of crime, and the redress of private injuries
are in substance and principle the same as those which prevailing the
Northern States and in other civilized countries. They certainly have
not succeeded in preventing the commission of all crime, nor has this
been accomplished any where in the world....But that people are
maintaining local governments for themselves which habitually defeat
the object of all government and render their own lives and property
insecure is in itself utterly improbable, and the averment of the
bill to that effect is not supported by any evidence which has come
to my knowledge...."
"The
bill, however, would seem to show upon its face that the
establishment of peace and good order is not its real object. The
fifth section declares that the preceding sections shall crease to
operate in any state where certain events shall have happened. These
events are, first, the selection of delegates to a State convention
by an election at which Negroes shall be allowed to vote; second, the
formation of a State Constitution by the convention so chosen; third,
the insertion into the State constitution of a provision which will
secure the right of voting at all elections to Negroes and to such
white men as may not be disfranchised for rebellion or felony;
fourth, the submission of the Constitution for ratification by their
vote; fifth, the submission of the State Constitution to Congress for
examination and approval, and the actual approval of it by that body;
sixth, the adoption of a certain amendment to the Federal
Constitution by a vote of Legislature elected under the new
Constitution; seventh, the adoption of said amendment by a sufficient
number of other States to make it a part of the Constitution of the
United States. All these conditions must be fulfilled before the
people of any of these States can be relieved from the bondage of
military domination; but when they are fulfilled, then immediately
the pains and penalties of the bill are to cease, no matter whether
there be peace and order or not, and without any reference to the
security of life or property. The excuse given for the bill in the
preamble is it establishes is plainly to be used, not for any purpose
of order or for the prevention of crime, but solely as am means of
coercing the people into the adoption of principles and measures to
which it is known that they are opposed, and upon which they have an
undeniable right to exercise their own judgment."
"I
submit to Congress whether this measure is not in its whole
character, scope, and object without precedent and without authority,
in palpable conflict with the plainest provisions of liberty and
humanity for which our ancestors on both sides of the Atlantic have
shed so much blood, and expended so much treasure."
"The
ten States named in the bill are divided into five districts. For
each district an officer of the Army, not below the rank of a
brigadier-general, is to be appointed to rule over the people; and he
is to be supported with an efficient military force to enable him to
perform his duties and enforce his authority. Those duties and that
authority, as defined by the third section of the bill, are 'to
protect all persons in their rights of person and property, to
suppress insurrection, disorder, and violence, and to punish or cause
to be punished all disturbers of the public peace or criminals'. The
power thus given to commanding officer over all the people of each
district is that of an absolute monarch. His mere will is to take the
place of all law...."
"It
is plain that the authority here given to the military officer
amounts to absolute despotism. But to make it still more unendurable,
the bill provides that it may be delegated to as many subordinates as
he chooses to appoint, for it declares that he shall 'punish or cause
to be punished'. Such a power has not been wielded by any Monarch in
England for more than five hundred years. In all that time no people
who speak the English language have borne such servitude. It reduces
the whole population of the ten States- all persons, of every color,
sex and condition, and every stranger within their limits- to the
most abject and degrading slavery. No master ever had a control so
absolute over the slaves as this bill gives to the military officers
over both white and colored persons...."
"I
come now to a question which is, if possible, still more important.
Have we the power to establish and carry into execution a measure
like this? I answer, 'Certainly not', if we derive our authority from
the Constitution and if we are bound by the limitations which is
imposes."
"This
proposition is perfectly clear, that no branch of the Federal
Government- executive, legislative, or judicial- can have any just
powers except those which it derives through and exercises under the
organic laws of the Union. Outside of the Constitution we have no
legal authority more than private citizens, and within it we have
only so much as that instrument gives us. This broad principle limits
all our functions and applies to all subjects. It protects not only
the citizens of States which are within the Union, but it shields
every human being who comes or is brought under our jurisdiction. We
have no right to do in one place more than in another that which the
Constitution says we shall not do at all. If, therefore, the Southern
States were in truth out of the Union, we could not treat their
people in a way which the fundamental law forbids. Some persons
assume that the success of our arms in crushing the opposition which
was made in some of the States to the execution of the Federal laws
reduced those States and all their people - the innocent as well as
the guilty - to the condition of vassalage and gave us a power over
them which the Constitution does not bestow or define or limit. No
fallacy can be more transparent than this. Our victories subjected
the insurgents to legal obedience, not to the yoke of an arbitrary
despotism. When an absolute sovereign reduces hi s rebellious
subjects, he may deal with them according to his pleasure, because he
had that power before. But when a limited monarch puts down an
insurrection, he must still govern according to law...."
"This
is a bill passed by Congress in time of peace. There is not in any
one of the States brought under its operation either war or
insurrection. The laws of the States and of the Federal Government
are all in undisturbed and harmonious operation. The courts, State
and Federal, are open and in the full exercise of their proper
authority. Over every State comprised in these five military
districts, life, and property are secured by State laws and Federal
laws, and the National Constitution is every where in force and every
where obeyed. What, then is the ground on which the bill proceeds?
The title of the bill announces that it is intended 'for the more
efficient government' of these ten States. It is recited by way of
preamble that no legal State Governments 'nor adequate protection for
live or property' exist in those States, and that peace and good
order should be thus recitals, which prepare the way for martial law,
is this, that the only foundation upon which martial law can exist
under our form of Government is not stated or so much as pretended.
Actual war, foreign invasion, domestic insurrection -none of these
appear; and none of these, in fact exist. It is not even recited that
any sort of war or insurrection is threatened. Let us pause to
consider, upon this question of constitutional law and power of
Congress, a recent decision of the Supreme Court of the United States
in ex parte Milligan, I will first quote form the opinion of the
majority of the Court: 'Martial law can not arise from a threatened
invasion. The necessity must be actual and present, the invasion
real, such as effectually closes the courts and deposes the civil
administration'."
"We
see that martial law come in only when actual war closes the courts
and deposes the civil authority; but this bill, in time of peace,
makes martial law operate as though we were in actual war, and
becomes the cause instead of the consequence of the abrogation of
civil authority. One more quotation: 'It follows from what has been
said on this subject that there are occasions when martial law can be
properly applied. If in foreign invasion or civil war the courts are
actually closed, and it is impossible to administer criminal justice
according to law, then, on the theater of active military operations,
where war really prevails, there is a necessity to furnish a
substitute for the civil authority thus overthrown, to preserve the
safety of the army and society; and as no power is left by the
military, it is allowed to govern by martial rule until the laws can
have their free course."
"I
now quote from the opinion of the minority of the court, delivered by
Chief Justice Chase: 'We by no means assert that Congress can
establish and apply the laws of war where no war has been declared or
exists. Where peace exists, the laws of peace must prevail.'"
"This
sufficiently explicit. Peace exists in all the territory to which
this bill applies. It asserts a power in Congress, in time of peace,
to set aside the laws of peace and to substitute the laws of war. The
minority, concurring with the majority, declares that Congress does
not possess that power....I need not say to the representatives of
the American people that their Constitution forbids the exercise of
judicial power in any way but one- that is, by the ordained and
established courts. It is equally well known that in all criminal
cases a trial by jury is made indispensable by the express words of
that instrument."
"...The
Constitution also forbids the arrest of the citizen without judicial
warrant, founded on probable cause. This bill authorizes an arrest
without warrant, at pleasure of a military commander. The
Constitution declares that 'no person shall be held to answer for a
capital or otherwise infamous crime unless on presentment of a grand
jury'. This bill holds ever person not a soldier answerable for all
crimes and all charges without any presentment. The Constitution
declares that 'no person shall be deprived of life, liberty, or
property without due process of law'. This bill sets aside all
process of law, and makes the citizen answerable in his person and
property to the will of one man, and as to his life to the will of
two. Finally, the Constitution declares that 'the privilege of the
writ of habeas corpus shall not be suspended unless when, in case of
rebellion or invasion, the public safety may require it'; whereas
this bill declares martial law (which of itself suspends this great
writ) in time of peace, and authorizes the military to make the
arrest, and gives to the prisoner only one privilege, and that is
trial 'without unnecessary delay'. He has no hope of release from
custody, except the hope, such as it is, of release by acquittal
before a military commission."
"The
United States are bound to guarantee to each State a republican form
of government. Can it be pretended that this obligation is not
palpably broken if we carry out a measure like this, which wipes away
every vestige of republican government in ten States and puts the
life, property, and honor of all people in each of them under
domination of a single person clothed with unlimited authority?"
"....,here
is a bill of attainder against 9,000,000 people at once. It is based
upon an accusation so vague as to be scarcely intelligible and found
to be true upon no credible evidence. Not one of the 9,000,000 was
heard in his own defense. The representatives of the doomed parties
were excluded from all participation in the trial. The conviction is
to be followed by the most ignominious punishment ever inflicted on
large messes of men. It disfranchises them by hundreds of thousands
and degrades them all, even those who are admitted to be guiltless,
from the rank of freeman to the condition of slaves."
"The
purpose and object of the bill- the general intent which pervades it
from beginning to end- is to change the entire structure and
character of the State Governments and to compel them by force to the
adoption of organic laws and regulations which they are unwilling to
accept if left to themselves. The Negroes have not asked for the
privilege of voting; the vast majority of them have no idea what it
means. This bill not only thrusts it into their hands, but compels
them, as well as the whites, to use it in a particular way. If they
do not form a Constitution with prescribed articles in it and
afterwards elect a legislature which will act upon certain measures
in a prescribed way, neither blacks nor whites can be relieved from
the slavery which the bill imposes upon them. Without pausing here to
consider the policy or impolicy of Africanizing the souther part of
our territory, I would simply ask the attention of Congress to the
manifest, well-known, and universally acknowledged rule of
Constitutional law which declares that the Federal Government has no
jurisdiction, authority, or power to regulate such subjects for any
State. To force the right of suffrage out of the hands of white
people and into the hands of the Negroes is an arbitrary violation of
this principle...."
"That
the measure proposed by this bill does violate the Constitution in
the particulars mentioned and in many other ways which I forbear to
enumerate is too clear to admit the least doubt. It only remains to
consider whether the injunctions of that instrument ought to be
obeyed or not. I think they ought to be obeyed, for reasons which I
will proceed to give as briefly as possible. In the first place, it
is the only system of free Government which we can hope to have as a
Nation. When it ceases to be the rule of our conduct, we may perhaps
take our choice between complete anarchy, a consolidated despotism,
and a total dissolution of the Union; but national liberty regulated
by law will have passed beyond our reach..."
"It
was to punish the gross crime of defying the Constitution and to
vindicate its supreme authority that we carried on a bloody war of
four year's duration. Shall we now acknowledge that we sacrificed a
million of lives and expended billions of treasure to enforce a
Constitution which is not worthy of respect and preservation?...."
"It
is a part of our public history which can never be forgotten that
both Houses of Congress, in July 1861, declared in the form of a
soleman resolution that the war was and should be carried on for no
purpose of subjugation, but solely to enforce the Constitutional
rights of the States and of individuals unimpaired. This resolution
was adopted and sent forth to the world unanimously by the Senate and
with only two dissenting voices in the House. It was accepted by the
friends of the Union in the South as well as in the North as
expressing honestly and truly the object of the war. On the faith of
it many thousands of persons in both sections gave their lives and
their fortunes to the cause. To repudiate it now by refusing to the
States and to the individuals within them the 'rights' which the
Constitution and laws of the Union would secure to them is a breach
of our plighted honor for which I can imagine no excuse and to which
I cannot voluntarily become a party...."
"....I
am thoroughly convinced that any settlement or compromise or plan of
actions which is inconsistent with the principles of the Constitution
will not only be unavailing, but mischievous; that is will but
multiply the present evils, instead of removing them. The
Constitution, in its whole integrity and vigor, throughout the length
and breadth of the land, is the best of all compromises. Besides, our
duty does not, in my judgement, leave us a choice between that and
any other. I believe that it contains the remedy that is so much
needed, and that if the coordinate branches of the Government would
unite upon its provisions they would be found broad enough and strong
enough to sustain in time of peace the Nation which they bore safely
through the ordeal of a protracted civil war. Among the most sacred
guaranties of that instrument are those which declare that 'each
State shall have at least one Representative', and that 'no State,
without its consent, shall be deprived of its equal suffrage in the
Senate'. Each House is made the 'judge of the elections, returns and
qualifications of its own members,' and may, 'with the concurrence of
two-thirds, expel a member'. Thus, as heretofore urged, 'in the
admission of Senators and Representatives from any and all of the
States there can no just ground of apprehension that persons who are
disloyal will be clothed with the powers of legislation, for this
could not happen when the Constitution and the laws are enforced by a
vigilant and faithful Congress'. When a Senator or Representative
presents his certificate of election, he may at once be admitted or
rejected, or, should there be any question as to his eligibility, his
credentials may be referred for investigation to the appropriate
committee. If admitted to a seat, it must be upon evidence
satisfactory to the House of which he thus becomes a member that he
possesses the requisite constitutional and legal qualifications. If
refused admission as a member for want of due allegiance to the
Government, and returned to his constituents, they are admonished
that none but persons loyal to the United States will be allowed a
voice in the legislative councils of the Nation, and the political
power and moral influence of Congress are thus effectively exerted in
the interests of loyalty to the Government and fidelity of the
Union...."
"While
we are legislating upon subjects which are of great importance to the
whole people, and which must affect all parts of the country, not
only hurting the life of the present generation, but for ages to
come, we should remember that all men are entitled at least to a
hearing in the councils which decide upon the destiny of themselves
and their children. At present ten States are denied representation,
and when the Fortieth Congress assembles on the 4th day of the
present month sixteen States will be without a voice in the House of
Representatives. This grave fact, with the important questions before
us, should induce us to pause in a course of legislation which,
looking solely to the attainment of political ends, fails to consider
the rights it transgresses, the law which it violates, or the
institutions which it imperils."
Andrew
Johnson
Article
1. "A place, district, or country occupied by an enemy stands,
in consequence of the occupation, under the Martial Law of the
invading or occupying army, whether any proclamation declaring
Martial Law, or any public warning to the inhabitants, has been
issued or not. Martial Law is the immediate and direct effect and
consequence of occupation or conquest."
Gen.
Orders No. 100 by President Lincoln, 24 April 1863
Art.
3. "Martial Law in a hostile country consists in the suspension,
by the occupying military authority, of the criminal and civil law,
and of the domestic administration and government in the occupied
place or territory, and in the substitution of military rule and
force for the same, as well as in the dictation of general laws, as
far as military necessity requires this suspension, substitution, or
dictation."
Gen.
Orders No. 100 by President Lincoln, 24 April 1863
"The
commander of the forces may proclaim that the administration of all
civil and penal law shall continue either wholly or in part, as in
times of peace, unless otherwise ordered by the military authority."
Gen.
Orders No. 100 by President Lincoln, 24 April 1863
Art.
6. "All civil and penal law shall continue to take its usual
course in the enemy's places and territories under Martial Law,
unless interrupted or stopped by order of the occupying military
power; but all the functions of the hostile government - legislative
executive, or administrative - whether of a general, provincial, or
local character, cease under Martial Law, or continue only with the
sanction, or, if deemed necessary, the participation of the occupier
or invader."
Gen.
Orders No. 100 by President Lincoln, 24 April 1863
Art.
10. "Martial Law affects chiefly the police and collection of
public revenue and taxes, whether imposed by the expelled government
or by the invader, and refers mainly to the support and efficiency of
the army, its safety, and the safety of its operations."
Gen.
Orders No. 100 by President Lincoln, 24 April 1863
Art.
12. "Whenever feasible, Martial Law is carried out in cases of
individual offenders by Military Courts; but sentences of death shall
be executed only with the approval of the chief executive, provided
the urgency of the case does not require a speedier execution, and
then only with the approval of the chief commander."
Gen.
Orders No. 100 by President Lincoln, 24 April 1863
Art.
13."Military jurisdiction is of two kinds: First, that which is
conferred and defined by statute; second, that which is derived from
the common law of war. Military offenses under the statute law must
be tried in the manner therein directed; but military offenses which
do not come within the statute must be tried and punished under the
common law of war. The character of the courts which exercise these
jurisdictions depends upon the local laws of each particular
country."
Gen.
Orders No. 100 by President Lincoln, 24 April 1863
Art.
17. "War is not carried on by arms alone. It is lawful to starve
the hostile belligerent, armed or unarmed, so that it leads to the
speedier subjection of the enemy."
Gen.
Orders No. 100 by President Lincoln, 24 April 1863
Art.
26. "Commanding generals may cause the magistrates and civil
officers of the hostile country to take the oath of temporary
allegiance or an oath of fidelity to their own victorious government
or rulers, and they may expel everyone who declines to do so. But
whether they do so or not, the people and their civil officers owe
strict obedience to them as long as they hold sway over the district
or country, at the peril of their lives."
Gen.
Orders No. 100 by President Lincoln, 24 April 1863
Art.
31. "A victorious army appropriates all public money, seizes all
public movable property until further direction by its government,
and sequesters for its own benefit or of that of its government all
the revenues of real property belonging to the hostile government or
nation. The title to such real property remains in abeyance during
military occupation, and until the conquest is made complete."
Gen.
Orders No. 100 by President Lincoln, 24 April 1863
Art.
33. "It is no longer considered lawful - on the contrary, it is
held to be a serious breach of the law of war - to force the subjects
of the enemy into the service of the victorious government, except
the latter should proclaim, after a fair and complete conquest of the
hostile country or district, that it is resolved to keep the country,
district, or place permanently as its own and make it a portion of
its own country."
Gen.
Orders No. 100 by President Lincoln, 24 April 1863
Art.
39. "The salaries of civil officers of the hostile government
who remain in the invaded territory, and continue the work of their
office, and can continue it according to the circumstances arising
out of the war - such as judges, administrative or police officers,
officers of city or communal governments - are paid from the public
revenue of the invaded territory, until the military government has
reason wholly or partially to discontinue it. Salaries or incomes
connected with purely honorary titles are always stopped."
Gen.
Orders No. 100 by President Lincoln, 24 April 1863
Art.
41. "All municipal law of the ground on which the armies stand,
or of the countries to which they belong, is silent and of no effect
between armies in the field."
Gen.
Orders No. 100 by President Lincoln, 24 April 1863
Art.
43. "Therefore, in a war between the United States and a
belligerent which admits of slavery, if a person held in bondage by
that belligerent be captured by or come as a fugitive under the
protection of the military forces of the United States, such person
is immediately entitled to the rights and privileges of a freeman To
return such person into slavery would amount to enslaving a free
person, and neither the United States nor any officer under their
authority can enslave any human being. Moreover, a person so made
free by the law of war is under the shield of the law of nations, and
the former owner or State can have, by the law of postliminy, no
belligerent lien or claim of service."
Gen.
Orders No. 100 by President Lincoln, 24 April 1863
"The
right to thus occupy an enemy's country and temporarily provide for
its government has been recognized by previous action of the
executive authority, and sanctioned by frequent decisions of this
court. The local government being destroyed, the conqueror may set up
its own authority, and make rules and regulations for the conduct of
temporary government, and to that end may collect taxes and duties to
support the military authority and carry on operations incident to
the occupation."
Macleod
v. U.S, 229 U.S. 416 1913
"The
right of one belligerent to occupy and govern the territory of the
enemy while in its military possession is one of the incidents of
war, and flows directly from the right to conquer. We therefore do
not look to the Constitution or political institutions of the
conqueror for authority to establish a government for the territory
of the enemy in his possession, during its [182 U.S. 222, 231]
military occupation, nor for the rules by which the powers of such
government are regulated and limited. Such authority and such rules
are derived directly from the laws of war, as established by the
usage of the world and confirmed by the writings of publicists and
decisions of courts,- in fine, from the law of nations. . . . The
municipal laws of a conquered territory or the laws which regulate
private rights, continue in force during military occupation, except
so far as they are suspended or changed by the acts of the conqueror.
. . . He, nevertheless, has all the powers of a de facto government,
and can at his pleasure either change the existing laws or make new
ones." Dooley v. U.S., 182 U.S. 222 1901
"Look
at it practically from another point of view. Certainly, before
revenue laws can be made operative in a district or country it is
essential that the situation be taken into account, for the purpose
of establishing ports of entry, collection districts, and the
necessary [182 U. S. 222, 242] machinery to enforce them. Of course,
it is patent that such investigations cannot be made prior to
acquisition. But, as the laws immediately extend, without action of
Congress, as the result of acquisition, it must follows that they
extend, although none of the means and instrumentalities for their
successful enforcement can possibly be devised until the acquisition
is completed. This must be, unless it be held that there is power in
the government of the United States to enter a foreign country,
examine its situation, and enact legislation for it before it has
passed under the sovereignty of the United States. From the point of
view of the United States, then, it seems to me that the doctrine of
the immediate placing of the tariff laws outside the line of newly
acquired territory, however extreme may be the opinion entertained of
the doctrine of immediate incorporation, is inadmissible and in
conflict with the Constitution."
Dooley v. U.S., 182 U.S. 222 1901
Dooley v. U.S., 182 U.S. 222 1901
"The
jurisdiction of the conqueror is complete. He may change the form of
government and the laws at his pleasure, and may exercise every
attribute of sovereignty. The conquered territory becomes a part of
the domain of the conqueror, subject to the right of the nation to
which it belonged to recapture it if they can. By reason of this
right to recapture, the title of the conqueror is not perfect until
confirmed by treaty of peace. But this imperfection in his title is,
practically speaking, important only in case of alienation made by
the conqueror before treaty. If he sells, he sells subject to the
right of recapture."
"But
although, for purposes of sale, the title of the conqueror is
imperfect before cession, for purposes of government and jurisdiction
his title is perfect before cession. As long as he retains possession
he is sovereign; and not the less sovereign because his sovereignty
may not endure for ever. [50 U.S. 603, 608] Grotius (ch. 6, book 3,
4), speaking of the right to things taken in war, says that land is
reputed lost which is so secured by fortifications that without their
being forced it cannot be repossessed by the first owner. And in ch.
8, book 3, treating of empire over the conquered, he shows that
sovereignty may be acquired by conquest."
Fleming v. Page, 50 U.S. 603 1850
Fleming v. Page, 50 U.S. 603 1850
"1st.
That, by conquest and firm military occupation of a portion of an
enemy's country, the sovereignty of the nation to which the conquered
territory belongs is subverted, and the sovereignty of the conqueror
is substituted in its place."
"2d.
That although this sovereignty, until cession by treaty, is subject
to be ousted by the enemy, and therefore does not give an
indefeasible title for purposes of alienation, yet while it exists it
is supreme, and confers jurisdiction without limit over the conquered
territory, and the right to allegiance in return for protection."
Fleming v. Page, 50 U.S. 603 1850
Fleming v. Page, 50 U.S. 603 1850
"It
cannot be denied that these principles, established by the common
consent of the civilized world, must govern the title to conquests
made by the United States. As one of the family of nations, they are
bound by the law of nations, and the nature and effect of their
acquisitions by conquest must be defined and regulated by that law."
Fleming v. Page, 50 U.S. 603 1850
Fleming v. Page, 50 U.S. 603 1850
"The
messages of the President to Congress during the war, and the
instructions from the heads of departments, contain authoritative
declarations as to the right of the United States to acquire foreign
territory by conquest, and as to the effect of such conquest upon the
sovereignty of the conquered territory, in accordance with the
principles above stated. Thus, the President, in his message of
December, 1846, says:- 'By the law of nations a conquered territory
is subject to be governed by the conqueror during his military
possession, and until there is either a treaty of peace or he shall
voluntarily withdraw from it. The old civil government being
necessarily superseded, it is the right and duty of the conqueror to
secure his conquest, and to provide for the maintenance of civil
order and the rights of the inhabitants. This right has been
exercised and this duty performed by our military and naval
commanders, by the establishment of temporary governments in some of
the conquered provinces in Mexico, assimilating them as far as
practicable to the free institutions of our own country."
Fleming v. Page, 50 U.S. 603 1850
Fleming v. Page, 50 U.S. 603 1850
"A
war, therefore, declared by Congress, can never be presumed to be
waged for the purpose of conquest or the acquisition of territory;
nor does the law declaring the war imply an authority to the
President to enlarge the limits of the United States by subjugating
the enemy's country. The United States, it is true, may extend its
boundaries by conquest or treaty, and [50 U.S. 603, 615] may demand
the cession of territory as the condition of peace, in order to
indemnify its citizens for the injuries they have suffered, or to
reimburse the government for the expenses of the war. But this can be
done only by the treaty-making power or the legislative authority,
and is not a part of the power conferred upon the President by the
declaration of war. His duty and his power are purely military. As
commander-in-chief, he is authorized to direct the movements of the
naval and military forces placed by law at his command, and to employ
them in the manner he may deem most effectual to harass and conquer
and subdue the enemy. He may invade the hostile country, and subject
it to the sovereignty and authority of the United States. But his
conquests do not enlarge the boundaries of this Union, nor extend the
operation of our institutions and laws beyond the limits before
assigned to them by the legislative power."
Fleming v. Page, 50 U.S. 603 1850
Fleming v. Page, 50 U.S. 603 1850
"The
theory that a country remains foreign with respect to the tariff laws
until Congress has acted by embracing it within the customs union
presupposes that a country may be domestic for one purpose and
foreign for another. It may undoubtedly become necessary for the
adequate administration of a domestic territory to pass a special act
providing the proper machinery and officers, as the President would
have no authority, except under the war power, to administer it
himself; but no act is necessary to make it domestic territory if
once it has been ceded to the United States. . . . This theory also
presupposes that territory may be held indefinitely by the United
States; that it may be treated in every particular, except for tariff
purposes, as domestic territory; that laws may be enacted and
enforced by officers of the United States sent there for that
purpose; that insurrections [183 U.S. 176, 179] may be suppressed,
wars carried on, revenues collected, taxes imposed; in short, that
everything may be done which a government can do within its own
boundaries, and yet that the territory may still remain a foreign
country. That this state of things may continue for years, for a
century even, but that, until Congress enacts otherwise, it still
remains a foreign country. To hold that this can be done as matter of
law we deem to be pure judicial legislation. We find no warrant for
it in the Constitution or in the powers conferred upon this court. It
is true the non action of Congress may occasion a temporary
inconvenience; but it does not follow that courts of justice are
authorized to remedy it by inverting the ordinary meaning of words."
The Diamond Rings, 183 U.S. 176 1901
The Diamond Rings, 183 U.S. 176 1901
"Footnotes:
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That by the ratification of
the treaty of peace with Spain it is not intended to incorporate the
inhabitants of the Philippine islands into citizenship of the United
States, nor is it intended to permanently annex said islands as an
integral part of the territory of the United States; but it is the
intention of the United States to establish on said islands a
government suitable to the wants and conditions of the inhabitants of
said island to prepare them for local self-government, and in due
time to make such disposition of said islands as will best promote
the interests of the United States and the inhabitants of said
islands."
Cong. Rec., 55th Cong. 3d Sess. vol. 32, p. 1847.
The Diamond Rings, 183 U.S. 176 1901
Cong. Rec., 55th Cong. 3d Sess. vol. 32, p. 1847.
The Diamond Rings, 183 U.S. 176 1901
James
Montgomery
C/O
100 Bridlewood Rd.
High
Point North Carolina
August
27, 1995
Dear
Sheriff ....,
I
just want to say at the outset that your reputation precedes you.
Those that live in ....... County are fortunate, because your method
of fighting crime works, and will restore the public's trust in local
law enforcement. As a matter of introduction I am a former United
States Marine, and I am a Christian. My friend Bill is delivering
this letter; you have already talked to him about this information. I
want you to keep one thing in mind, YOU have the ability to
understand the information in this letter. YOU have the ability to
understand the present law and past law, the Constitution. That's
right!...I'm saying the Constitution is past tense, as a restrictive
document on Congress. I do not make this statement lightly and I can
prove it. The Constitution was a commercial compact between states,
giving the federal government limited powers. The Bill of Rights was
meant not as our source of rights, but as further limitations on the
federal government. Our fore-fathers saw the potential for danger in
the U. S. Constitution. To insure the Constitution was not presumed
to be our source of rights, the 10th Amendment was added. I will use
a quote from Thomas Jefferson, February 15, 1791, where he quotes the
10th Amendment...
"I
consider the foundation of the Constitution as laid on this ground;
That "all powers not delegated to the United States, by the
Constitution, nor prohibited by it to the States, are reserved to the
States or to the people." To take a single step beyond the
boundaries thus specially drawn around the powers of Congress, is to
take possession of a boundless field of power, no longer susceptible
of any definition." The created United States government cannot
define the rights of their creator, the American people. Three forms
of law were granted to the Constitution, common law, equity (contract
law) and Admiralty law. Each had their own jurisdiction and purpose.
The first issue I want to cover is the United States flag. Obviously
from known history our flag did not have a yellow fringe bordering
three sides. The United States did not start putting flags with a
yellow fringe on them in government buildings and public buildings
until the 1900's. Of course the question you would ask yourself; why
did it change and are there any legal meanings behind this? Oh yes!
First the appearance of our flag is defined in Title 4 sec.
1.
U.S.C..
"The
flag of the United States shall be thirteen horizontal stripes,
alternate red and white; and the union of the flag shall be
forty-eight stars, white in a blue field." (my note - of course
when new states are admitted new stars are added.) A foot note was
added on page 1113 of the same section which says: "Placing of
fringe on the national flag, the dimensions of the flag, and
arrangement of the stars are matters of detail not controlled by
statute, but within the discretion of the President as
commander-in-chief of the army and navy."
1925, 34
Op.Atty.Gen. 483.
1925, 34
Op.Atty.Gen. 483.
The
president as military commander can add a yellow fringe to our flag.
When would this be done? During time of war. Why? A flag with a
fringe is an ensign, a military flag. Read the following.
"Pursuant
to U.S.C. Chapter 1, 2, and 3; Executive Order No. 10834, August 21,
1959, 24 F.R. 6865, a military flag is a flag that resembles the
regular flag of the United States, except that it has a YELLOW
FRINGE, bordered on three sides. The President of the United states
designates this deviation from the regular flag, by executive order,
and in his capacity as COMMANDER-IN- CHIEF of the Armed forces."
From
the National Encyclopedia, Volume 4:
"Flag, an emblem of a nation; usually made of cloth and flown from a staff. From a military standpoint flags are of two general classes, those flown from stationary masts over army posts, and those carried by troops in formation. The former are referred to by the general name flags. The latter are called colors when carried by dismounted troops. Colors and Standards are more nearly square than flags and are made of silk with a knotted Fringe of Yellow on three sides...use of the flag. The most general and appropriate use of the flag is as a symbol of authority and power."
"Flag, an emblem of a nation; usually made of cloth and flown from a staff. From a military standpoint flags are of two general classes, those flown from stationary masts over army posts, and those carried by troops in formation. The former are referred to by the general name flags. The latter are called colors when carried by dismounted troops. Colors and Standards are more nearly square than flags and are made of silk with a knotted Fringe of Yellow on three sides...use of the flag. The most general and appropriate use of the flag is as a symbol of authority and power."
The
reason I started with the Flag issue is because it is so easy to
grasp. The main problem I have with the yellow fringe is that by its
use our Constitutional Republic is no more. Our system of law was
changed without the public's knowledge. It was kept secret, this is
fraud, the American people were allowed to believe this was just a
decoration. Because the law changed from Common Law (God's Law) to
Admiralty Law (the kings law) your status also changed from sovereign
to subject. From being able to own property (allodial title) to not
owning property (tenet on the land). If you think you own your
property, stop paying taxes, it will be taken under the prize law.
"The
ultimate ownership of all property is in the state; individual
so-called `ownership' is only by virtue of government, i.e., law,
amounting to a mere user; and use must be in accordance with law and
subordinate to the necessities of the State." Senate Document
No. 43, "Contracts payable in Gold" written in 1933.
By
our allowing to let these military flags fly, the American people
have admitted our defeat and loss of status. Read on, you'll see what
I mean. Remember the Constitution recognizes three forms of law,
being governed by the Law of the Flag is Admiralty law. I will cover
this in a minute, the following is a definition of the legal term Law
of the Flag.
"...The
agency of the master is devolved upon him by the law of the flag. The
same law that confers his authority ascertains its limits, and the
flag at the mast-head is notice to all the world of the extent of
such power to bind the owners or freighters by his act. The foreigner
who deals with this agent has notice of that law, and, if he be bound
by it, there is not injustice. His notice is the national flag which
is hoisted on every sea and under which the master sails into every
port, and every circumstance that connects him with the vessel
isolates that vessel in the eyes of the world, and demonstrates his
relation to the owners and freighters as their agent for a specific
purpose and with power well defined under the national maritime law."
Bouvier's Law Dictionary, 1914.
Don't
be thrown by the fact they are talking about the sea, and that it
doesn't apply to land, I will prove to you that Admiralty law has
come on land. Next a court case:
"Pursuant
to the "Law of the Flag", a military flag does result in
jurisdictional implication when flown. The Plaintiff cites the
following: "Under what is called international law, the law of
the flag, a shipowner who sends his vessel into a foreign port gives
notice by his flag to all who enter into contracts with the
shipmaster that he intends the law of the flag to regulate those
contracts with the shipmaster that he either submit to its operation
or not contract with him or his agent at all." Ruhstrat v.
People, 57 N.E. 41, 45, 185 ILL. 133, 49 LRA 181, 76 AM.
This
is the legality I spoke of. When you walk into a court and see this
flag you are put on notice that you are in a Admiralty Court and that
the king is in control. Also, if there is a king the people are no
longer sovereign. You're probably saying this is the most incredible
thing I have ever heard. YOU have read the proof, it will stand up in
court. But wait there is more, you probably would say, how could this
happen? Here's how. Admiralty law is for the sea, maritime law
govern's contracts between parties that trade over the sea. Well,
that's what our fore-fathers intended. However, in 1845 Congress
passed an act saying Admiralty law could come on land. The bill may
be traced in Cong. Globe, 28th Cong., 2d. Sess. 43, 320, 328, 337,
345 (1844-45), no opposition to the Act is reported. Congress held a
committee on this subject in 1850 and they said:
"The
committee also alluded to "the great force" of "the
great constitutional question as to the power of Congress to extend
maritime jurisdiction beyond the ground occupied by it at the
adoption of the Constitution...." Ibid. H.R. Rep. No. 72 31st
Cong., 1st Sess. 2 (1850)
It
was up to the Supreme Court to stop Congress and say NO!
The
Constitution did not give you that power, nor was it intended. But
no, the courts began a long train of abuses, here are some excerpts
from a few court cases.
"This
power is as extensive upon land as upon water. The Constitution makes
no distinction in that respect. And if the admiralty jurisdiction, in
matters of contract and tort which the courts of the United States
may lawfully exercise on the high seas, can be extended to the lakes
under the power to regulate commerce, it can with the same propriety
and upon the same construction, be extended to contracts and torts on
land when the commerce is between different States. And it may
embrace also the vehicles and persons engaged in carrying it on (my
note - remember what the law of the flag said when you receive
benefits from the king.) It would be in the power of Congress to
confer admiralty jurisdiction upon its courts, over the cars engaged
in transporting passengers or merchandise from one State to another,
and over the persons engaged in conducting them, and deny to the
parties the trial by jury. Now the judicial power in cases of
admiralty and maritime jurisdiction, has never been supposed to
extend to contracts made on land and to be executed on land. But if
the power of regulating commerce can be made the foundation of
jurisdiction in its courts, and a new and extended admiralty
jurisdiction beyond its heretofore known and admitted limits, may be
created on water under that authority, the same reason would justify
the same exercise of power on land."
Propeller Genessee Chief et al. v. Fitzhugh et al. 12 How. 443 (U.S. 1851)
Propeller Genessee Chief et al. v. Fitzhugh et al. 12 How. 443 (U.S. 1851)
"Next
to revenue (taxes) itself, the late extensions of the jurisdiction of
the admiralty are our greatest grievance. The American Courts of
Admiralty seem to be forming by degrees into a system that is to
overturn our Constitution and to deprive us of our best inheritance,
the laws of the land. It would be thought in England a dangerous
innovation if the trial, of any matter on land was given to the
admiralty."
Jackson v. Magnolia, 20 How. 296 315, 342 (U.S. 1852)
Jackson v. Magnolia, 20 How. 296 315, 342 (U.S. 1852)
This
began the most dangerous precedent of all the Insular Cases. This is
where Congress took a boundless field of power. When legislating for
the states, they are bound by the Constitution, when legislating for
their insular possessions they are not restricted in any way by the
Constitution. Read the following quote from the Harvard law review:
"These
courts, then, are not constitutional courts in which the judicial
power conferred by the Constitution on the general government can be
deposited. They are incapable of receiving it. They are legislative
courts, created in virtue of the general right of sovereignty which
exists in the government, or in virtue of that clause which enables
Congress to make all needful rules and regulations respecting the
territory belonging to the united States. The jurisdiction with which
they are invested is not a part of that judicial power which is
conferred in the third article of the Constitution, but is conferred
by Congress in the execution of those general powers which that body
possesses over the territories of the United States." Harvard
Law Review, Our New Possessions. page 481.
Here
are some Court cases that make it even clearer...
"...[T]he
United States may acquire territory by conquest or by treaty, and may
govern it through the exercise of the power of Congress conferred by
Section 3 of Article IV of the Constitution..."
"In
exercising this power, Congress is not subject to the same
constitutional limitations, as when it is legislating for the United
States. ...And in general the guaranties of the Constitution, save as
they are limitations upon the exercise of executive and legislative
power when exerted for or over our insular possessions, extend to
them only as Congress, in the exercise of its legislative power over
territory belonging to the United States, has made those guarantees
applicable."
Hooven & Allison & Co. vs Evatt, 324 U.S. 652 (1945)
Hooven & Allison & Co. vs Evatt, 324 U.S. 652 (1945)
"The
idea prevails with some indeed, it found expression in arguments at
the bar that we have in this country substantially or practically two
national governments; one to be maintained under the Constitution,
with all its restrictions; the other to be maintained by Congress
outside and independently of that instrument, by exercising such
powers as other nations of the earth are accustomed to exercise."
"I
take leave to say that if the principles thus announced should ever
receive the sanction of a majority of this court, a radical and
mischievous change in our system of government will be the result. We
will, in that event, pass from the era of constitutional liberty
guarded and protected by a written constitution into an era of
legislative absolutism."
"It
will be an evil day for American liberty if the theory of a
government outside of the supreme law of the land finds lodgment in
our constitutional jurisprudence. No higher duty rests upon this
court than to exert its full authority to prevent all violation of
the principles of the constitution."
Downes vs Bidwell, 182 U.S. 244 (1901)
Downes vs Bidwell, 182 U.S. 244 (1901)
These
actions allowed Admiralty law to come on land. If you will remember
the definition of the Law of the Flag. When you receive benefits or
enter into contracts with the king you come under his law which is
Admiralty law. And what is a result of your connection with the king?
A loss of your Sovereign status. Our ignorance of the law is no
excuse. I'll give you an example, something you deal with everyday.
Let's say you give me a seat belt ticket. What law did I violate?
Remember the Constitution recognizes three forms of law. Was it
common law? Who was the injured party? No one. So it could not have
been common law even though the State of N. C. has made chapter 20 of
the Motor Vehicle code carry common law penalties, jail time. This
was the only thing they could do to cover up the jurisdiction they
were operating in. Was it Equity law? No, there is no contract in
dispute, driving is a privilege granted by the king. If it were a
contract the UCC would apply, and it doesn't. In a contract both
parties have equal rights. In a privilege, you do as you are told or
the privilege is revoked. Well guess what, there is only one form of
law left, admiralty. Ask yourself when did licenses begin to be
required? 1933.
All district courts are admiralty courts, see the Judiciary Act of 1789.
All district courts are admiralty courts, see the Judiciary Act of 1789.
"It
is only with the extent of powers possessed by the district courts,
acting as instance courts of admiralty, we are dealing. The Act of
1789 gives the entire constitutional power to determine "all
civil causes of admiralty and maritime jurisdiction," leaving
the courts to ascertain its limits, as cases may arise."
Waring ET AL,. v. Clarke, Howard 5 12 L. ed. 1847
Waring ET AL,. v. Clarke, Howard 5 12 L. ed. 1847
When
you enter a court room and come before the judge and the U.S. flag
with the yellow fringe flying, you are put on notice of the law you
are in. American's aren't aware of this, so they continue to claim
Constitutional rights. In the Admiralty setting the constitution does
not apply and the judge, if pushed, will inform you of this by
placing you under contempt for continuing to bring it up. If the
judge is pressed, his name for this hidden law is statutory law.
Where are the rules and regulations for statutory law kept? They
don't exist. If statuary law existed, there would be rules and
regulations governing it's procedures and court rules. They do not
exist!!! The way you know this is Admiralty, is from the yellow
fringed flag and from the actions of the law, compelled performance
(Admiralty). The judges can still move at common law (murder etc.)
and equity (contract disputes etc.). It's up to the type of case
brought before the court. If the case is Admiralty, the only way back
to the common law is the saving to suitor clause and action under
Admiralty. The court and rules of all three jurisdictions have been
blended. Under Admiralty you are compelled to perform under the
agreement you made by asking and receiving the king's government
(license). You receive the benefit of driving on federal roads
(military roads), so you have voluntarily obligated yourself to this
system of law, this is why you are compelled to obey. If you don't it
will cost you money or jail time or both. The type of offense
determines the jurisdiction you come under, but the court itself is
an Admiralty court, defined by the flag. Driving without a seat belt
under Chapter 20 DMV code carries a criminal penalty for a non common
law offense. Again where is the injured party or parties, this is
Admiralty law. Here is a quote to prove what I said about the roads
being military, this is only one benefit, there are many:
"Whilst
deeply convinced of these truths, I yet consider it clear that under
the war-making power Congress may appropriate money toward the
construction of a military road when this is absolutely necessary for
the defense of any State or Territory of the Union against foreign
invasion. Under the Constitution Congress has power "to declare
war," "to raise and support armies," "to provide
and maintain a navy," and to call forth the militia to "repel
invasions." Thus endowed, in an ample manner, with the
war-making power, the corresponding duty is required that "the
United States shall protect each of them [the States] against
invasion." Now, how is it possible to afford this protection to
California and our Pacific possessions except by means of a military
road through the Territories of the United States, over which men and
munitions of war may be speedily transported from the Atlantic States
to meet and to repel the invader?....Besides, the Government, ever
since its origin, has been in the constant practice of constructing
military roads."
Inaugural Address of James Buchanan, March 4, 1857,..Messages and Papers of the Presidents, 1789-1902.
Inaugural Address of James Buchanan, March 4, 1857,..Messages and Papers of the Presidents, 1789-1902.
I
want to briefly mention the Social Security Act, the nexus Agreement
you have with the king. You were told the SS# was for retirement and
you had to have it to work. It sounds like a license to me, and it
is, it is a license granted by the President to work in this country,
under the Trading with the Enemy Act, as amended in March 9, 1933, as
you will see in a moment. Was it really for your retirement? What
does F.I.C.A. stand for? Federal Insurance Contribution Act. What
does contribution mean at law, not Webster's Dictionary. This is
where they were able to get you to admit that you were jointly
responsible for the national debt, and you declared that you were a
Fourteenth Amendment citizen, which I won't go into in this paper or
the Erie Railroad v. Tompkins case where common law was over turned.
Read the following definition to learn what it means to have a SS#
and pay a contribution:
Contribution.
Right of one who has discharged a common liability to recover of
another also liable, the aliquot portion which he ought to pay or
bear. Under principle of "contribution," a tort-feasor
against whom a judgement is rendered is entitled to recover
proportional shares of judgement =66rom other joint tort-feasor whose
negligence contributed to the injury and who were also liable to the
plaintiff. (foot note * tort feasor means wrong doer, what did you do
to be defined as a wrong doer???) The share of a loss payable by an
insure when contracts with two or more insurers cover the same loss.
The insurer's share of a loss under a coinsurance or similar
provision. The sharing of a loss or payment among several. The act of
any one or several of a number of co-debtors, co-sureties, etc., in
reimbursing one of their number who has paid the whole debt or
suffered the whole liability, each to the extent of his proportionate
share.
(Blacks Law Dictionary 6th ed.)
(Blacks Law Dictionary 6th ed.)
Guess
what? It gets worse. What does this date 1933 mean? Well you better
sit down. First, remember World War I, in 1917 President Wilson
declared the War Powers Act of October 6, 1917, basically stating
that he was stopping all trade with the enemy except for those he
granted a license, excluding Americans. Read the following from this
Trading with the enemy Act, where he defines enemy:
In
the War Powers Act of 1917, Chapter 106, Section 2 (c) it says that
these declared war powers did not affect citizens of the United
States:
"Such
other individuals, or body or class of individuals, as may be
natives, citizens, or subjects of any nation with which the United
States is at war, OTHER THAN CITIZENS OF THE UNITED STATES, wherever
resident or wherever doing business, as the President, if he shall
find the safety of the United States of the successful prosecution of
the war shall so require, may, by proclamation, include within the
term "enemy.""
Now,
this leads us up to 1933. Our country was recovering from a
depression and now was declared bankrupt. I know you are saying. Do
What, the American people were never told about this? Public policy
and National Security overruled the public right to know. Read the
following Congressional quote:
"My
investigation convinced me that during the last quarter of a century
the average production of gold has been falling off considerably. The
gold mines of the world are practically exhausted. There is only
about $11,000,000,000 in gold in the world, with the United States
owning a little more than four billions. We have more than
$100,000,000,000 in debts payable in gold of the present weight and
fineness....As a practical proposition these contracts cannot be
collected in gold for the obvious reason that the gold supply of the
entire world is not sufficient to make payment."
Congressional Record, Congressman Dies March 15, 1933
Congressional Record, Congressman Dies March 15, 1933
Before
1933 all contracts with the government were payable in gold. Now I
ask you? Who in their right mind would enter into contracts totaling
One Hundred billion dollars in gold, when there was only eleven
billion in gold in the whole world, we had about four billion. To
keep from being hung by the American public they obeyed the banksters
demands and turned over our country to them. They never came out and
said we were in bankruptcy but, the fact remains, we are. In 1933 the
gold of the whole country had to be turned in to the banksters, and
all government contracts in gold were canceled. This is bankruptcy.
"Mr.
Speaker, we are here now in chapter 11. Members of Congress are
official trustees presiding over the greatest reorganization of any
bankrupt entity in world history, the U.S. government."
Congressman Traficant on the House floor, March 17, "1993"
The
wealth of the nation including our land was turned over to the
banksters. In return, the nations 100 billion dollar debt was
forgiven. I have two papers that have circulated the country on this
subject. Remember Jesus said "money is the root of all evil"
The Congress of 1933 sold every American into slavery to protect
their asses. Read the following Congressional quotes:
"I
want to show you where the people are being imposed upon by reason of
the delegation of this tremendous power. I invite your attention to
the fact that section 16 of the Federal Reserve Act provides that
whenever the Government of the United States issues and delivers
money, Federal Reserve notes, which are based on the credit of the
Nation--they represent a mortgage upon your home and my home, and
upon all the property of all the people of the Nation--to the Federal
Reserve agent, an interest charge shall be collected for the
Government."
Congressional Record, Congressman Patman March 13, 1933
Congressional Record, Congressman Patman March 13, 1933
"That
is the equity of what we are about to do. Yes; you are going to close
us down. Yes; you have already closed us down, and have been doing it
long before this year. Our President says that for 3 years we have
been on the way to bankruptcy. We have been on the way to bankruptcy
longer than 3 years. We have been on the way to bankruptcy ever since
we began to allow the financial mastery of this country gradually to
get into the hands of a little clique that has held it right up until
they would send us to the grave."
Congressional Record, Congressman Long March 11, 1933
Congressional Record, Congressman Long March 11, 1933
What
did Roosevelt do? Sealed our fate and our childrens fate, but worst
of all, he declared War on the American People, remember the War
Powers Act, the Trading with the enemy Act. He declared emergency
powers with his authority being the War Powers Act, the Trading with
the enemy Act. The problem is he redefined who the enemy was, read
the following: (remember what I said about the SS# being a license to
work)
"The
declared National Emergency of March 9, 1933 amended the War Powers
Act to include the American People as enemies:
"In
Title 1, Section 1 it says: The actions, regulations, rules,
licenses, orders and proclamations heretofore or hereafter taken,
promulgated, made, or issued by the President of the United States or
the Secretary of the Treasury since March 4, 1933, pursuant to the
authority conferred by subdivision (b) of section 5 of the Act of
October 6, 1917, as amended, are hereby approved and confirmed."
"Section 2. Subdivision (b) of section 5 of the Act of October
6, 1917, (40 Stat. L. 411), as amended, is hereby amended to read as
follows: emergency declared by the President, the President may,
through any agency that he may designate, or otherwise, investigate,
regulate, or prohibit, under such rules and regulations as he may
prescribe, by means of licenses or otherwise, any transactions in
foreign exchange, transfers of credit between or payments by banking
institutions as defined by the President, and export, hoarding,
melting, or earmarking of gold or silver coin or bullion or currency,
BY ANY PERSON WITHIN THE UNITED STATES OR ANY PLACE SUBJECT TO THE
JURISDICTION THEREOF."
Here
is the legal phrase subject to the jurisdiction thereof, but at law
this refers to alien enemy and also applies to Fourteenth Amendment
citizens:
"As
these words are used in the first section of the Fourteenth Amendment
of the Federal Constitution, providing for the citizenship of all
persons born or naturalized in the United States and subject to the
jurisdiction thereof, the purpose would appear to have been to
exclude by the fewest words (besides children of members of the
Indian tribes, standing in a peculiar relation to the National
Government, unknown to the common Law), the two classes of cases,
children born of *ALIEN ENEMIES(emphasis mine), in hostile
occupation, and children of diplomatic representatives of a foreign
state, both of which, by the law of England and by our own law, from
the time of the first settlement of the English colonies in America,
had been recognized exceptions to the fundamental rule of citizenship
by birth within the country."
United States v Wong Kim Ark, 169 US 649, 682, 42 L Ed 890, 902, 18 S Ct 456. Ballentine's Law Dictionary
United States v Wong Kim Ark, 169 US 649, 682, 42 L Ed 890, 902, 18 S Ct 456. Ballentine's Law Dictionary
Congressman
Beck had this to say about the War Powers Act:
"I
think of all the damnable heresies that have ever been suggested in
connection with the Constitution, the doctrine of emergency is the
worst. It means that when Congress declares an emergency there is no
Constitution. This means its death....But the Constitution of the
United States, as a restraining influence in keeping the federal
government within the carefully prescribed channels of power, is
moribund, if not dead. We are witnessing its death-agonies, for when
this bill becomes a law, if unhappily it becomes law, there is no
longer any workable Constitution to keep the Congress within the
limits of its constitutional powers."
(Congressman James Beck in Congressional Record 1933)
(Congressman James Beck in Congressional Record 1933)
The
following are excerpts from the Senate Report, 93rd Congress,
November 19, 1973, Special Committee On The Termination Of The
National Emergency United States Senate. They were going to terminate
all emergency powers, but they found out they did not have the power
to do this so guess which one stayed in, the Emergency Act of 1933,
the Trading with the Enemy Act October 6, 1917 as amended in March 9,
1933.
"Since
March 9, 1933, the United States has been in a state of declared
national emergency....Under the powers delegated by these statutes,
the President may: seize property; organize and control the means of
production; seize commodities; assign military forces abroad;
institute martial law; seize and control all transportation and
communication; regulate the operation of private enterprise; restrict
travel; and, in a plethora of particular ways, control the lives of
all American citizens."
"A
majority of the people of the United States have lived all of their
lives under emergency rule. For 40 years, freedoms and governmental
procedures guaranteed by the Constitution have, in varying degrees,
been abridged by laws brought into force by states of national
emergency....from, at least, the Civil War in important ways shaped
the present phenomenon of a permanent state of national emergency."
Senate Report, 93rd Congress, November 19, 1973
Senate Report, 93rd Congress, November 19, 1973
You
may be asking yourself is this the law, and if so where is it, read
the following:
In
Title 12 U.S.C, in section 95b you'll find the following codification
of the Emergency War Powers:
"The
actions, regulations, rules, licenses, orders and proclamations
heretofore or hereafter taken, promulgated, made, or issued by the
President of the United States or the Secretary of the Treasury since
March 4, 1933, pursuant to the authority conferred by subsection (b)
of section 5 of the Act of October 6, 1917, as amended (12 U.S.C.,
95a), are hereby approved and confirmed."
(March 9, 1933, c. 1, Title 1, 1, 48 Stat. 1)
(March 9, 1933, c. 1, Title 1, 1, 48 Stat. 1)
So
you can further understand the word Alien Enemy and what it means to
be declared an enemy of this government, read the following
definitions:
The
phrase Alien Enemy is defined in Bouvier's Law Dictionary as: One who
owes allegiance to the adverse belligerent. 1 Kent 73.
He
who owes a temporary but not a permanent allegiance is an alien enemy
in respect to acts done during such temporary allegiance only; and
when his allegiance terminates, his hostile character terminates
also; 1 B. & P. 163.
Alien
enemies are said to have no rights, no privileges, unless by the
king's special favor, during time of war; 1 Bla. Com. 372;
Bynkershoek 195; 8 Term 166.
[Remember we've been under a declared state of war since October 6, 1917, as amended March 9, 1933 to include every United States citizen.]
[Remember we've been under a declared state of war since October 6, 1917, as amended March 9, 1933 to include every United States citizen.]
"The
phrase Alien Enemy is defined in Words and Phrases as:
Residence
of person in territory of nation at war with United States was
sufficient to characterize him as "alien enemy" within
Trading with the Enemy Act, even if he had acquired and retained
American citizenship." Matarrese v. Matarrese, 59 A.2d 262, 265,
142 N.J. Eq. 226.
"Residence
or doing business in a hostile territory is the test of an "alien
enemy: within meaning of Trading with the Enemy Act and Executive
Orders thereunder."
Executive Order March 11, 1942, No. 9095, as amended, 50 U.S.C.A. Appendix 6; Trading with the Enemy Act 5 (b). In re Oneida Nat. Bank & Trust Co. of Utica, 53 N.Y.S. 2d. 416, 420, 421, 183 Misc. 374.
Executive Order March 11, 1942, No. 9095, as amended, 50 U.S.C.A. Appendix 6; Trading with the Enemy Act 5 (b). In re Oneida Nat. Bank & Trust Co. of Utica, 53 N.Y.S. 2d. 416, 420, 421, 183 Misc. 374.
"By
the modern phrase, a man who resides under the allegiance and
protection of a hostile state for commercial purposes is to be
considered to all civil purposes as much an `alien enemy' as if he
were born there."
Hutchinson v. Brock, 11 Mass. 119, 122.
Hutchinson v. Brock, 11 Mass. 119, 122.
Am
I done with the proof? Not quite, believe it or not it gets worse. I
have established that war has been declared against the American
people and their children. The American people that voted for the
1933 government were responsible for Congress' actions, because
Congress was there in their proxy. What is one of the actions taken
against an enemy during time of War. In the Constitution the Congress
was granted the power during the time of war to grant Letters of
Marque. What is a letter of Marque? Well, read the following:
A
commission granted by the government to a private individual, to take
the property of a foreign state, as a reparation for an injury
committed by such state, its citizens or subjects. The prizes so
captured are divided between the owners of the privateer, the
captain, and the crew.
Bouvier's Law Dictionary 1914.
Bouvier's Law Dictionary 1914.
Think
about the mission of the IRS, they are a private organization, or
their backup, the ATF. These groups have been granted letters of
Marque, read the following:
"The
trading with the enemy Act, originally and as amended, in strictly a
war measure, and finds its sanction in the provision empowering
Congress "to declare war, grant letters of Marque and reprisal,
and make rules concerning captures on land and water." Stoehr v.
Wallace 255 U.S.
Under
the Constitution the Power of the Government had its checks and
balances, power was divided between the three branches of government.
To do anything else means you no longer have a Constitutional
government. I'm not even talking about the obvious which we have
already covered, read the following:
"The
Secretary of the Treasury and/or the Attorney General may require, by
means of regulations, rulings, instructions, or otherwise, any person
to keep a full record of, and to furnish under oath, in the form of
reports or otherwise, from time to time and at any time or times,
complete information relative to, any transaction referred to in
section 5 (b) of the Act of October 6, 1917." Title 12 Banks and
Banking page 570.
How
about Clinton's new Executive Order of June 6, 1994 where the
Alphabet agencies are granted their own power to obtain money and the
military if need be to protect themselves. These are un-elected
officials, sounds un-Constitutional to me, but read on.
"The
delegations of authority in this Order shall not affect the authority
of any agency or official pursuant to any other delegation of
presidential authority, presently in effect or hereafter made, under
section 5 (b) of the act of October 6, 1917, as amended (12 U.S.C.
95a)"
How
can the President delegate to un-elected officials power that he was
elected to have, and declare that it cannot be taken away, by the
voters or the courts or Congress? I tell you how under martial law,
under the War Powers Act. The American public is asleep and is
unaware nor do they care about what is going on, because it may
interfere with their making money. I guess Thomas Jefferson was right
again:
"...And
to preserve their independence, we must not let our rulers load us
with perpetual debt. We must make our election between economy and
liberty or profusion and servitude. If we run into such debts as that
we must be taxed in our meat and in our drink, in our necessaries and
our comforts, in our labors and our amusements, for our callings and
our creeds, as the people of England are, our people, like them, must
come to labor sixteen hours in the twenty-four, and give the earnings
of fifteen of these to the government for their debts and daily
expenses; and the sixteenth being insufficient to afford us bread, we
must live, as they now do, on oatmeal and potatoes; have not time to
think, no means of calling the mismanager's to account; but be glad
to obtain subsistence by hiring ourselves to rivet their chains on
the necks of our fellow sufferers..." (Thomas Jefferson) THE
MAKING OF AMERICA, p. 395
Submitted
January 28
"Lloyd
Bentsen, of Texas, to be U.S. Governor of the International Monetary
Fund for a term of 5 years; U.S. Governor of the International Bank
for Reconstruction and Development for a term of 5 years; U.S.
Governor of the Inter-American Development Bank for a term of 5
years; U.S. Governor of the African Development Bank for a term of 5
years; U.S. Governor of the Asian Development Bank; U.S. Governor of
African Development Fund; and U.S. Governor of the European Bank for
Reconstruction and Development." Presidential Documents,
February 1, 1993.
At
the same time, Bentsen was the Secretary of Treasury. Gee I don't
know, this sounds like a conflict of entrust to me, how about you?
Also the Congress is the only one under the Constitution to be able
to appropriate money.
"Without
limitation as to any other powers or authority of the Secretary of
the Treasury or the Attorney General under any other provision of
this Order, the Secretary of the Treasury is authorized and empowered
to prescribe from time to time regulations, rulings, and instructions
to carry out the purposes of this Order and to provide therein or
otherwise the conditions under which licenses may be granted by or
through such officers or agencies as the Secretary of the Treasury
may designate, and the decision of the Secretary with respect to the
granting, denial or other disposition of an application or license
shall be final."
Section 7, Title 12 U.S.C. Banks and Banking
Section 7, Title 12 U.S.C. Banks and Banking
How
about a few months ago when Secretary of Treasury Ruban sent tons of
money to Mexico, without Congress' approval. Do the issues I have
brought up sound like this is a Constitutional government to you? I
have not covered the main nexus, the money.
If
you would like to read about this, read my other papers, The History
of Lawful Money and A Country Defeated In Victory. Sheriff .... I am
one man fighting a giant with a fly swatter (the pen). If you are
bold enough to jerk the flags with a fringe on them out and put back
the U. S. flag, just make sure you protect you backside. Before you
do this, make sure your constituents in your county are made aware of
this information. Because if you do this you will find the whole U.S.
government against you and for sure they will cut off all money to
your county in the short term, and in the long term, do whatever is
necessary to remove you. I didn't make this information up, it is the
government's own documents and legal definitions taken from their
dictionaries. I wish the hard working Americans in the government
that are loyal to an American Republic could read this, the more that
know the truth the better.
James
Franklin Montgomery
"When
the 39th Congress assembled on December 5, 1865, the Senators and
Representatives from the 25 northern States voted to deny seats in
both Houses of Congress to anyone elected from the 11 southern
States. The full complement of Senators from the 36 States of the
Union was 72, and the full membership in the House was 240. Since it
requires only a majority vote (see Article I, Section 5, Constitution
of the United States) to refuse a seat in Congress, only the 50
Senators and 182 Congressmen from the North were seated. All of the
22 Senators and 58 Representatives from the southern States were
denied seats."
"Joint
Resolution No. 48, proposing the Fourteenth Amendment, was a matter
of great concern to the Congress and to the people of the Nation. In
order to have this proposed Amendment submitted to the 36 States for
ratification, it was necessary that two thirds of each house concur.
A count of noses showed that only 33 Senators were favorable to the
measure, and 33 was a far cry from two thirds of 72 and lacked one of
being two thirds of the 50 seated Senators."
"While
it requires only a majority of votes to refuse a seat to a Senator,
it requires a two thirds majority to unseat a member once he is
seated. (see Article I, Section 5, Constitution of the United
States."
"One
John P. Stockton was seated on December 5, 1865, as one of the
Senators from New Jersey. He was outspoken in his opposition to Joint
Resolution No. 48 proposing the Fourteenth Amendment. The leadership
in the Senate, not having control of two ;thirds of the seated
Senators, voted to refuse to seat Mr. Stockton upon the ground that
he had received only a plurality and not a majority of the votes of
the New Jersey legislature. It was the law of New Jersey, and several
other States, that a plurality vote was sufficient for election.
Besides, the Senator had already been seated. Nevertheless, his seat
was -refused- and the 33 favorable votes thus became the required two
thirds of the 49 members of the Senate."
"In
the House of Representatives it would require 122 votes to be two
thirds of the 182 ;members seated. Only 120 voted for the proposed
Amendment, but because there were 30 abstentions it was declared to
have been passed by a two thirds vote of the House."
Dyett v. Turner 439 p2d 266 @ 269, 20 U2d 403
Dyett v. Turner 439 p2d 266 @ 269, 20 U2d 403
ADDEDUM
In response that the Anglo-Saxon common law was left out of the
Informer's question, is as follows, and I do not answer for him, but
this is in addition to his response.
Britain was first invaded in 55 BC. by Julius Caesar, then again in 54 BC. In 63 AD. Joseph of Arimathea was sent by the Pope in Rome to try and establish the Catholic Church in Britain.
In 77 AD. Britain was taken over through conquest by Rome. The Imperial governor Julius Agricola was put in place to rule over Rome's new territory. Britain was as of 77 AD. subject to Rome, with Roman law.
In 407 AD. Emperor Constantine III withdrew the Roman troops from Britain leaving a political vacuum. The Celts (Irish), and the Vikings (Scandinavians) saw an opening to obtain land. In 410 AD. Britain won its independence from Rome, when the Goths ransacked Rome.
In 446 AD. the British government sought help to defeat the invading arms of the northern countries. Rome was unable to send troops because it was defending itself from Attila the Hun. So Rome offered mercenaries to aid Britain, Britain hired these barbaric mercenaries which were from northern Germany, they as you know are called Saxons.
In 450 AD. the Saxon barbarians began to massacre the Britons and take their land, in this manner they occupied the country of Britain. The Saxons were pagans some believed the Druid religion, others worshiped the same gods Rome worshiped, mercury and Venus, etc. etc.
The long and short of it is the Saxons were not responsible for a Common law by themselves. They were not Christians and did not support Cannon or ecclesiastical law, and their law was influenced greatly by Roman law. The major difference was the Saxon king called himself king of the English, and William the Conqueror called himself king of England, meaning, William the Conqueror claimed he owned the land and the Saxon king made no such claims. Under Saxon law citizen meant freeman, and under Roman law, continuing in England in 1066 under William Conqueror, citizen meant subject. Under both systems you were forced to pay taxes to support the government. A tax payer is always a subject, so under William the Conqueror, he left no doubt as to your status, the Saxon kings were more subtle, the outcome is the same. Taxation and the subjection it confirms, is not always a bad thing. It depends on the government. Case in point, those that are Christians, are subject to Jesus Christ and are taxed 10% to support His government.
Look at what happened at Runnymede with the Magna Charta, the Barons thought they were gaining freedom, by the king granting them rights under the Charta. However, if they had stopped to read the 1213 Charta, wherein the king granted and ceded the Pope all of his lands, they would have known the king could not grant the rights without the blessing of the Pope. Did not the Pope sign off on the Charta of 1215, as a party to the Contract? Ask yourself this, did the granted rights end their tax obligations to the king, or the Pope? No. So is the granting of rights a problem or hinderance to the money lenders? No. Did the 1215 Charta in anyway overturn the obligations of the 1213 Charta? No, and they could not. Here is another reason.
Guess what America, and the rest of the free world, that claim their rights come from the Magna Charta, which was ratified by Pope Innocent III and of course the king under duress on June 15, 1215, on August 24, 1215, Pope Innocent III Declared that the Magna Charta was null and void, [(Geary) 49.3 August 24, 1215 parliamentary origins in England, Internet Medieval Source Book.]
I just found this, I do not have a copy of the above declaration at this time, it has been copyrighted, the book will have to be purchased, if it is still available. I won't speculate as to why it is kept in copyright and not released to the public as most other medieval documents have been.
To continue, Edward I, in 1297 was forced to re-declare the 1215 Magna Charta, because the Pope forbid his monks and bishops etc. etc., to pay taxes to the king, so the king began to tax the Barons again, and they drew their swords. King Edwards action holds less weight than that of his predecessor king John, because as of August 24, 1215 the Charta was an invalid document. Not
to mention the issue I raised earlier concerning debt obligations of a previous Charter could not be voided.
The Pope by his confirmation of the Magna Charta was jerking the chains of the Barons, so to speak. As I said in earlier papers, there was no way the Pope would give up what was granted/ceded to him in the 1213 Charter. The Magna Charta could not void an earlier Charter which contained a debt obligation between parties, without all parties agreeing. Since the parties
of the 1213 Charter would continue to be born, it was an unrevocable trust.
As example, read the 1689 Declaration of Rights, which became law. Did it, or could it overturn any financial obligations under previous Charters? No. Read the third section of the 1689 Declaration of Rights. It says if any provision of the Declaration comes into conflict with earlier Charters, the Declaration will be as if it were never written. If you do not have a copy of all the above cited material let the Informer or I know and we can supply you with the relevant material.
Do you see how not only Americans, but the entire world have been conned into thinking we are free? Every time the king has been challenged, the king grants rights to the combatants and they go home saying "WE WON", however nothing changed, because the king retained his power to tax, through previous Charters and new tax obligations created by accepting the kings benefits.
Another example, the Declaration of Independence and the war of Independence that followed, is no different than any other time in the history in challenging the king. The king said OK, I will grant my created Corporations, the states, Independence and allow them to establish their own governments. But wait the governors retained the power granted by the king and the council of state. The states then consolidated their corporate Charters under one Charter, called the U.S. Constitution. Could the tax obligations of previous Charters be removed by our Declaration of
Independence, or a war which did not remove the control of the king, which is obvious since in the peace Treaty of Paris he was granting us land? No.
No where in the 1783 Paris peace treaty will you find granted rights to the inhabitants of the states. No where in the treaty will you find where the taxes of gold, silver and copper (mineral rights) were ceded to the states. So much for allodial title in the states, freeman status and allodial title are synonymous, you can't have one without the other. Since the king did not cede all of his corporate enterprise he retained his taxation and the subjection of those that enjoy his benefits.
"YIELDlNG AND PAYING yearly, to us, our heirs and Successors, for the same, the yearly Rent of Twenty Marks of Lawful money of England, at the Feast of All Saints, yearly, forever, The First
payment thereof to begin and be made on the Feast of All Saints which shall be in the year of Our Lord One thousand six hundred Sixty and five; AND also, the fourth part of all Gold and Silver Ore which, with the limits aforesaid, shall, from time to time, happen to be found."
(Feast of All Saints occurred November 1 of each year.) The Carolina Charter, 1663
"SAVING always, the Faith, Allegiance, and Sovereign Dominion due to us, our heirs and Successors, for the same; and Saving also, the right, title, and interest of all and every our Subjects of the English Nation which are now Planted within the Limits bounds aforesaid, if any be;..." The Carolina Charter, 1663
"KNOW YE, that We, of our further grace, certain knowledge, and mere motion, HAVE thought fit to Erect the same Tract of Ground, Country, and Island into a Province, and, out of the fullness of our Royal power and Prerogative, WE Do, for us, our heirs and Successors, Erect, Incorporate, and Ordain the same into a province, and do call it the Province of CAROLINA, and so from henceforth will have it called..." The Carolina Charter, 1663
Nothing has changed the parties of interest still rule. It is our pitiful lack of knowledge and understanding of history, which causes us to hang our hats (Independence) on documents that maintain and did not change our subjection. Does this sound familiar to what has happened to the blacks. They assumed, since they were made citizens and given more rights, that they were now
free. As you know a 14th Amendment citizen is subject to its creator, who granted their rights, the corporation and the trusties, subject to the contracting parties, the Crown and the Pope. Maybe, now you know why history repeats itself, it has the same authors.
James Montgomery Sui Juris Servant of Jesus Christ
Hey Al,
Just got back from deer hunting, sitting on the side of a tree 30 ft. in the air is a great place to think. I remembered a quote I was wanting to tell you about. In the book Pete sent us, there is a quote that leaves no doubt as to who George Washington was loyal to.
"In May, 1775, Washington said: 'If you ever hear of me joining in any such measure [as separation from Great Britain], you have my leave to set me down for everything wicked'- He also said: 'It is not wish or interest of the government [meaning Massachusetts], or of any other upon this continent, separately or collectively, to set up for independence'"
Ingersoll, North American Review, CLV. No.2, August, 1892, p. 183, also quote in Sources of the Constitution of the United States, c. Ellis
Stevens, 1927, page 36.
In reading the Messages and Papers of the Presidents, vol I, 1789-1897 I discovered the following:
Gentlemen of the Senate:
Pursuant to the powers vested in me by the act entitled "An act repealing after the last day of June next the duties heretofore laid upon distilled spirits imported from abroad and laying others in their stead, and also upon spirits distilled within the United States, and for appropriating the same," I have
thought fit to divide the United States into the following districts, namely: The district of New Hampshire, to consist of the State of New Hampshire; the district of Massachusetts, to consist of the
State of Massachusetts; the district of Rhode Island and Providence Plantations, to consist of the State of Rhode Island and Providence Plantations; the district of Connecticut, to consist of the State of Connecticut; the district of Vermont, to consist of the State of Vermont; the district of New York, to consist of the State of New York; the district of New Jersey, to consist of the State of New Jersey; the district of Pennsylvania, to consist of the State of Pennsylvania; the district of Delaware, to consist of the State of Delaware; the district of Maryland, to consist of the State of Maryland; the district of Virginia, to consist of the State of Virginia; the district of North Carolina, to consist of the State of North Carolina; the district of South Carolina; and the district of Georgia, to consist of the State of the State of Georgia .Page 99 March 4, 1791
In George Washington's Proclamation of March 30, 1791 he declares the district of Columbia to be created and it's borders established, he says further: "And Congress by an amendatory act passed on the 3rd day of the present month of March have given further authority to the President of the United States...."
This explains completely why after a short time in office Washington created federal District States for all the states. The point being Congress outside their authority, extended and gave monarchial powers to the President of the United States, in violation of the spirit of the Constitution and the Tenth Amendment. One day after George Washington is given this authority, he declares the States are now controlled by the District State. This makes the State Courts, marshals, right down to the counties subject to the federal government. Because the District State was a overlay of State boundaries it removed the State borders, in violation of the Constitution wherein it is declared, the State are guaranteed a Republican form of government. Creation of the District States was and is a
violation of the 1787 Constitution of the United States, and the trust it created. This replaced the States in Union with the District States in Union formally known as the States of ......This was also necessary for the newly formed Bank of the United States, February 25, 1791, to do business in the State of......, but is actually the District State. Subjection of the States of..... was complete, all that was necessary was for a permanent state of war to exist, such as we have had since the Civil War, to invoke statutory law over the enemy, requiring them to obey all license requirements, because enemies have no rights in an occupied territory.
Britain was first invaded in 55 BC. by Julius Caesar, then again in 54 BC. In 63 AD. Joseph of Arimathea was sent by the Pope in Rome to try and establish the Catholic Church in Britain.
In 77 AD. Britain was taken over through conquest by Rome. The Imperial governor Julius Agricola was put in place to rule over Rome's new territory. Britain was as of 77 AD. subject to Rome, with Roman law.
In 407 AD. Emperor Constantine III withdrew the Roman troops from Britain leaving a political vacuum. The Celts (Irish), and the Vikings (Scandinavians) saw an opening to obtain land. In 410 AD. Britain won its independence from Rome, when the Goths ransacked Rome.
In 446 AD. the British government sought help to defeat the invading arms of the northern countries. Rome was unable to send troops because it was defending itself from Attila the Hun. So Rome offered mercenaries to aid Britain, Britain hired these barbaric mercenaries which were from northern Germany, they as you know are called Saxons.
In 450 AD. the Saxon barbarians began to massacre the Britons and take their land, in this manner they occupied the country of Britain. The Saxons were pagans some believed the Druid religion, others worshiped the same gods Rome worshiped, mercury and Venus, etc. etc.
The long and short of it is the Saxons were not responsible for a Common law by themselves. They were not Christians and did not support Cannon or ecclesiastical law, and their law was influenced greatly by Roman law. The major difference was the Saxon king called himself king of the English, and William the Conqueror called himself king of England, meaning, William the Conqueror claimed he owned the land and the Saxon king made no such claims. Under Saxon law citizen meant freeman, and under Roman law, continuing in England in 1066 under William Conqueror, citizen meant subject. Under both systems you were forced to pay taxes to support the government. A tax payer is always a subject, so under William the Conqueror, he left no doubt as to your status, the Saxon kings were more subtle, the outcome is the same. Taxation and the subjection it confirms, is not always a bad thing. It depends on the government. Case in point, those that are Christians, are subject to Jesus Christ and are taxed 10% to support His government.
Look at what happened at Runnymede with the Magna Charta, the Barons thought they were gaining freedom, by the king granting them rights under the Charta. However, if they had stopped to read the 1213 Charta, wherein the king granted and ceded the Pope all of his lands, they would have known the king could not grant the rights without the blessing of the Pope. Did not the Pope sign off on the Charta of 1215, as a party to the Contract? Ask yourself this, did the granted rights end their tax obligations to the king, or the Pope? No. So is the granting of rights a problem or hinderance to the money lenders? No. Did the 1215 Charta in anyway overturn the obligations of the 1213 Charta? No, and they could not. Here is another reason.
Guess what America, and the rest of the free world, that claim their rights come from the Magna Charta, which was ratified by Pope Innocent III and of course the king under duress on June 15, 1215, on August 24, 1215, Pope Innocent III Declared that the Magna Charta was null and void, [(Geary) 49.3 August 24, 1215 parliamentary origins in England, Internet Medieval Source Book.]
I just found this, I do not have a copy of the above declaration at this time, it has been copyrighted, the book will have to be purchased, if it is still available. I won't speculate as to why it is kept in copyright and not released to the public as most other medieval documents have been.
To continue, Edward I, in 1297 was forced to re-declare the 1215 Magna Charta, because the Pope forbid his monks and bishops etc. etc., to pay taxes to the king, so the king began to tax the Barons again, and they drew their swords. King Edwards action holds less weight than that of his predecessor king John, because as of August 24, 1215 the Charta was an invalid document. Not
to mention the issue I raised earlier concerning debt obligations of a previous Charter could not be voided.
The Pope by his confirmation of the Magna Charta was jerking the chains of the Barons, so to speak. As I said in earlier papers, there was no way the Pope would give up what was granted/ceded to him in the 1213 Charter. The Magna Charta could not void an earlier Charter which contained a debt obligation between parties, without all parties agreeing. Since the parties
of the 1213 Charter would continue to be born, it was an unrevocable trust.
As example, read the 1689 Declaration of Rights, which became law. Did it, or could it overturn any financial obligations under previous Charters? No. Read the third section of the 1689 Declaration of Rights. It says if any provision of the Declaration comes into conflict with earlier Charters, the Declaration will be as if it were never written. If you do not have a copy of all the above cited material let the Informer or I know and we can supply you with the relevant material.
Do you see how not only Americans, but the entire world have been conned into thinking we are free? Every time the king has been challenged, the king grants rights to the combatants and they go home saying "WE WON", however nothing changed, because the king retained his power to tax, through previous Charters and new tax obligations created by accepting the kings benefits.
Another example, the Declaration of Independence and the war of Independence that followed, is no different than any other time in the history in challenging the king. The king said OK, I will grant my created Corporations, the states, Independence and allow them to establish their own governments. But wait the governors retained the power granted by the king and the council of state. The states then consolidated their corporate Charters under one Charter, called the U.S. Constitution. Could the tax obligations of previous Charters be removed by our Declaration of
Independence, or a war which did not remove the control of the king, which is obvious since in the peace Treaty of Paris he was granting us land? No.
No where in the 1783 Paris peace treaty will you find granted rights to the inhabitants of the states. No where in the treaty will you find where the taxes of gold, silver and copper (mineral rights) were ceded to the states. So much for allodial title in the states, freeman status and allodial title are synonymous, you can't have one without the other. Since the king did not cede all of his corporate enterprise he retained his taxation and the subjection of those that enjoy his benefits.
"YIELDlNG AND PAYING yearly, to us, our heirs and Successors, for the same, the yearly Rent of Twenty Marks of Lawful money of England, at the Feast of All Saints, yearly, forever, The First
payment thereof to begin and be made on the Feast of All Saints which shall be in the year of Our Lord One thousand six hundred Sixty and five; AND also, the fourth part of all Gold and Silver Ore which, with the limits aforesaid, shall, from time to time, happen to be found."
(Feast of All Saints occurred November 1 of each year.) The Carolina Charter, 1663
"SAVING always, the Faith, Allegiance, and Sovereign Dominion due to us, our heirs and Successors, for the same; and Saving also, the right, title, and interest of all and every our Subjects of the English Nation which are now Planted within the Limits bounds aforesaid, if any be;..." The Carolina Charter, 1663
"KNOW YE, that We, of our further grace, certain knowledge, and mere motion, HAVE thought fit to Erect the same Tract of Ground, Country, and Island into a Province, and, out of the fullness of our Royal power and Prerogative, WE Do, for us, our heirs and Successors, Erect, Incorporate, and Ordain the same into a province, and do call it the Province of CAROLINA, and so from henceforth will have it called..." The Carolina Charter, 1663
Nothing has changed the parties of interest still rule. It is our pitiful lack of knowledge and understanding of history, which causes us to hang our hats (Independence) on documents that maintain and did not change our subjection. Does this sound familiar to what has happened to the blacks. They assumed, since they were made citizens and given more rights, that they were now
free. As you know a 14th Amendment citizen is subject to its creator, who granted their rights, the corporation and the trusties, subject to the contracting parties, the Crown and the Pope. Maybe, now you know why history repeats itself, it has the same authors.
James Montgomery Sui Juris Servant of Jesus Christ
Hey Al,
Just got back from deer hunting, sitting on the side of a tree 30 ft. in the air is a great place to think. I remembered a quote I was wanting to tell you about. In the book Pete sent us, there is a quote that leaves no doubt as to who George Washington was loyal to.
"In May, 1775, Washington said: 'If you ever hear of me joining in any such measure [as separation from Great Britain], you have my leave to set me down for everything wicked'- He also said: 'It is not wish or interest of the government [meaning Massachusetts], or of any other upon this continent, separately or collectively, to set up for independence'"
Ingersoll, North American Review, CLV. No.2, August, 1892, p. 183, also quote in Sources of the Constitution of the United States, c. Ellis
Stevens, 1927, page 36.
In reading the Messages and Papers of the Presidents, vol I, 1789-1897 I discovered the following:
Gentlemen of the Senate:
Pursuant to the powers vested in me by the act entitled "An act repealing after the last day of June next the duties heretofore laid upon distilled spirits imported from abroad and laying others in their stead, and also upon spirits distilled within the United States, and for appropriating the same," I have
thought fit to divide the United States into the following districts, namely: The district of New Hampshire, to consist of the State of New Hampshire; the district of Massachusetts, to consist of the
State of Massachusetts; the district of Rhode Island and Providence Plantations, to consist of the State of Rhode Island and Providence Plantations; the district of Connecticut, to consist of the State of Connecticut; the district of Vermont, to consist of the State of Vermont; the district of New York, to consist of the State of New York; the district of New Jersey, to consist of the State of New Jersey; the district of Pennsylvania, to consist of the State of Pennsylvania; the district of Delaware, to consist of the State of Delaware; the district of Maryland, to consist of the State of Maryland; the district of Virginia, to consist of the State of Virginia; the district of North Carolina, to consist of the State of North Carolina; the district of South Carolina; and the district of Georgia, to consist of the State of the State of Georgia .Page 99 March 4, 1791
In George Washington's Proclamation of March 30, 1791 he declares the district of Columbia to be created and it's borders established, he says further: "And Congress by an amendatory act passed on the 3rd day of the present month of March have given further authority to the President of the United States...."
This explains completely why after a short time in office Washington created federal District States for all the states. The point being Congress outside their authority, extended and gave monarchial powers to the President of the United States, in violation of the spirit of the Constitution and the Tenth Amendment. One day after George Washington is given this authority, he declares the States are now controlled by the District State. This makes the State Courts, marshals, right down to the counties subject to the federal government. Because the District State was a overlay of State boundaries it removed the State borders, in violation of the Constitution wherein it is declared, the State are guaranteed a Republican form of government. Creation of the District States was and is a
violation of the 1787 Constitution of the United States, and the trust it created. This replaced the States in Union with the District States in Union formally known as the States of ......This was also necessary for the newly formed Bank of the United States, February 25, 1791, to do business in the State of......, but is actually the District State. Subjection of the States of..... was complete, all that was necessary was for a permanent state of war to exist, such as we have had since the Civil War, to invoke statutory law over the enemy, requiring them to obey all license requirements, because enemies have no rights in an occupied territory.
Washington
declared, under the War Powers, acting as Commander-in-Chief, that
the States of the Union were now overlaid by District States, which
as I think you know, removes the States boundaries as a matter of
sovereignty, violating the Constitutional guarantee of a Republican
form of government to the States in Union, Article 4, sec. 4, which
cannot take place if delegated authority is taken under the War
Powers, not ceded by the Charter/Constitution.
The Constitution granted legislative authority to Congress only over a ten square mile District, making Congress the supreme authority, Article 1, sec. 1., sec. 8.18, over the District. Washington extend this District without Constitutional authority. This is how Congress under Article 1, sec. 8.1 taxes everything. This why the Courts have said the 16th Amendment created no new taxing power.
Also, the counties and the sheriffs became subject to, and creations of the District States, Washington put in place officers of the District to oversee the State Districts. As a result of the military rule imposed by Washington, a tax was imposed on liqueur, and under direction of Washington the District courts and Appeals courts were ordered to enforce collection and fines and imprisonment of anyone defying the laws of the United States. THESE DISTRICTS CREATED BY GEORGE WASHINGTON HAVE NEVER BEEN REMOVED.
Robert, you need to read what Washington, declared again, I did not declare it, I did not write it, so I do not have anything backwards.
First of all, the Judicial Districts you are referring to were created by the Judiciary Act of 1789, two years before Washington said Congress gave him additional powers, thereby HE created District States, so the federal government could use the militias to crush the tax protesters in Pennsylvania, by Washington's order. Since the Judicial Districts already existed, why did they as you suggest, recreate them? If the District States were already created as you suggest, would it not be redundant to create them again? Washington said he was dividing the United States into District States. He said DIVIDING THE STATES, listen, DIVIDING THE STATES, not creating districts in the states, DIVIDING THE STATES into DISTRICTS, changing them, or you would not DIVIDE THEM, because the states were already divided. How can you DIVIDE, SEPARATE the states, made by the state and federal Charters/Constitutions? Why do this when Congress already had the power to put down rebellion, Article I, section 8, U.S. Constitution? This was an excuse to DIVIDE the states into DISTRICTS, extending the jurisdiction of the District of Columbia/Congress and delegating to the President, authority given to Congress to suppress insurrection, under art. I, sec. 8.
Second, the use of any military power before Congress declares war, by direction of the President is done by him as Commander-in-Chief. Until Congress declares war they cannot stop the President unless they impeach him, or when they declare war they can stop the President with their power of the purse, unless the President were to then declare a national emergency, as Commander-in-Chief, overriding Congress, in effect declaring himself king, or in our case anyone holding that office, which we now have. I disagree with the un-Constitutional emergency powers claimed by the President, but unless the Judiciary declares the President out of line, you or I cannot change this, unless you or I were elected President, and declared this power un-Constitutional, but Congress would then impeach you or I to protect public policy. Around and Around it goes. Again this power comes from their operating under executive jurisdiction, insular capacity, see DOWNES v. BIDWELL, 182 U.S. 244 (1901), which was allowed by the Judiciary, beginning with what Washington did. Because it was up to the Judiciary to declare what Congress was doing as un-Constitutional, and up to Washington to not take power delegated to Congress. This power was affirmed by the Congressional Act of 1845, and in the 1850's by the insular cases. This set the stage for Lincoln to
begin the executive orders, and here we are.
Third, the Districts Washington created answered directly to the Commander-in-Chief, not Congress. In order for these Districts to be created by the President, Congress had to give the President power outside of the Constitution, as declared by Washington himself. Martial law can be used as soon as the military is called upon to put down insurrection or fight a war. Washington created District States, not state districts, and the military occupied the Pennsylvania District until the insurgents went home, Washington said these Districts were created for putting down the rebellion, however they were never disbanded when the rebellion ended. The fact that you say you can't see something, with all due respect does not change reality. Below you will see how Lincoln codified the war powers. You can download the whole general order 100, or ask me and I will email it to you, along with court cases and definitions on the same subject.
Martial Law - Military jurisdiction - Military necessity - Retaliation
"Article 1. A place, district, or country occupied by an enemy stands, in consequence of the occupation, under the Martial Law of the invading or occupying army, whether any proclamation
declaring Martial Law, or any public warning to the inhabitants, has been issued or not. Martial Law is the immediate and direct effect and consequence of occupation or conquest.
The presence of a hostile army proclaims its Martial Law.
Art. 2. Martial Law does not cease during the hostile occupation, except by special proclamation, ordered by the commander in chief; or by special mention in the treaty of peace concluding the war, when the occupation of a place or territory continues beyond the conclusion of peace as one of the conditions of the same.
Art. 3. Martial Law in a hostile country consists in the suspension, by the occupying military authority, of the criminal and civil law, and of the domestic administration and government in the occupied place or territory, and in the substitution of military rule and force for the same, as well as in the dictation of general laws, as far as military necessity requires this suspension, substitution, or dictation. The commander of the forces may proclaim that the administration of all civil and penal law shall continue either wholly or in part, as in times of peace, unless otherwise ordered by the military authority."
{Instructions for the Government of Armies of the United States in the Field, prepared by Francis Lieber, LL.D., Originally Issued as General Orders No. 100, Adjutant General's Office, 1863, Washington 1898: Government Printing Office.}
Marty the information continues to pour in, in support of the information the Informer and I have been writing about and totally confirms, the below comments of Sir Edmund Burke, read the following quote, just one of many from his speech:
"If America gives you taxable objects on which you lay your duties here, and gives you, at the same time, a surplus by a foreign sale of her commodities to pay the duties on these objects which you tax at home, she has performed her part to the British revenue. But with regard to her own internal establishments, she may, I doubt not she will, contribute in moderation. I say in moderation, for she ought not to be permitted to exhaust herself. She ought to be reserved to a war, the weight of which, with the enemies that we are most likely to have, must be considerable in her quarter of the globe. There she may serve you, and serve you essentially. For that service - for all service, whether of revenue, trade, or empire - my trust is in her interest in the British Constitution. My hold of the Colonies is in the close affection which grows from common names, from kindred blood, from similar privileges, and equal protection. These are ties which, through light as air, are as strong as links of iron. Let the Colonists always keep the idea of their civil rights associated with your government, they will cling and grapple to you, and no force under heaven will be of power to tear them from their allegiance."
Burke on Conciliation with the Colonies, March 22, 1775, pages 71,72, published by Allyn and Bacon
"In May, 1775, Washington said: 'If you ever hear of me joining in any such measure [as separation from Great Britain], you have my leave to set me down for everything wicked'- He also said: 'It is not wish or interest of the government [meaning Massachusetts], or of any other upon this continent, separately or collectively, to set up for independence'" Ingersoll, North American Review, CLV. No.2, August, 1892, p. 183, also quote in Sources of the Constitution of the United States, c. Ellis
Stevens, 1927, page 36.
Marty John Jay, one of the men to construct and sign the Peace Treaty of 1783 and the sole man responsible for the Jay Treaty of 1795, he made very clear by his statements that he did not want Independence from England. And as Burke said above you can believe you are free and still be subject to England.
"Jay did not favor independence from Britain. His absence from the signing of the Declaration of Independence was noted by Thomas Jefferson."
Copyright c 1995 by LeftJustified Publiks. All rights reserved.
Marty to prove what Sir Edmund Burke said is possible and was part of the plan of the king, you need to look at the 1213 Charter and the 1689 Declaration of Rights. Because of space limitations I was not able to include them in this email, but will send them to you if you want them. I included them in British Colony part III. The following is a section from my addendum from British Colony part III:
ADDENDUM
I have just discovered the following two endnotes. They completely confirm in a very finial way my research in British Colony parts 1, 2 and 3, and the Informer's research and book "The New History Of America". If you will study the following papers, the Magna Carta and our Bill of Rights, and come to an understanding of their similarities. Then re-read the Charters included in British Colony parts 1 and 2, keeping in mind the issues I raised, then read the following commentary.
"The two main issues as I see them in British Colony are; one, the financial obligations of the 1213 Charter En #1, are still in effect, along with the Charters establishing America. Two, the last sentence of the 1689 Bill of Rights En #2, proves the following:"
The Constitution granted legislative authority to Congress only over a ten square mile District, making Congress the supreme authority, Article 1, sec. 1., sec. 8.18, over the District. Washington extend this District without Constitutional authority. This is how Congress under Article 1, sec. 8.1 taxes everything. This why the Courts have said the 16th Amendment created no new taxing power.
Also, the counties and the sheriffs became subject to, and creations of the District States, Washington put in place officers of the District to oversee the State Districts. As a result of the military rule imposed by Washington, a tax was imposed on liqueur, and under direction of Washington the District courts and Appeals courts were ordered to enforce collection and fines and imprisonment of anyone defying the laws of the United States. THESE DISTRICTS CREATED BY GEORGE WASHINGTON HAVE NEVER BEEN REMOVED.
Robert, you need to read what Washington, declared again, I did not declare it, I did not write it, so I do not have anything backwards.
First of all, the Judicial Districts you are referring to were created by the Judiciary Act of 1789, two years before Washington said Congress gave him additional powers, thereby HE created District States, so the federal government could use the militias to crush the tax protesters in Pennsylvania, by Washington's order. Since the Judicial Districts already existed, why did they as you suggest, recreate them? If the District States were already created as you suggest, would it not be redundant to create them again? Washington said he was dividing the United States into District States. He said DIVIDING THE STATES, listen, DIVIDING THE STATES, not creating districts in the states, DIVIDING THE STATES into DISTRICTS, changing them, or you would not DIVIDE THEM, because the states were already divided. How can you DIVIDE, SEPARATE the states, made by the state and federal Charters/Constitutions? Why do this when Congress already had the power to put down rebellion, Article I, section 8, U.S. Constitution? This was an excuse to DIVIDE the states into DISTRICTS, extending the jurisdiction of the District of Columbia/Congress and delegating to the President, authority given to Congress to suppress insurrection, under art. I, sec. 8.
Second, the use of any military power before Congress declares war, by direction of the President is done by him as Commander-in-Chief. Until Congress declares war they cannot stop the President unless they impeach him, or when they declare war they can stop the President with their power of the purse, unless the President were to then declare a national emergency, as Commander-in-Chief, overriding Congress, in effect declaring himself king, or in our case anyone holding that office, which we now have. I disagree with the un-Constitutional emergency powers claimed by the President, but unless the Judiciary declares the President out of line, you or I cannot change this, unless you or I were elected President, and declared this power un-Constitutional, but Congress would then impeach you or I to protect public policy. Around and Around it goes. Again this power comes from their operating under executive jurisdiction, insular capacity, see DOWNES v. BIDWELL, 182 U.S. 244 (1901), which was allowed by the Judiciary, beginning with what Washington did. Because it was up to the Judiciary to declare what Congress was doing as un-Constitutional, and up to Washington to not take power delegated to Congress. This power was affirmed by the Congressional Act of 1845, and in the 1850's by the insular cases. This set the stage for Lincoln to
begin the executive orders, and here we are.
Third, the Districts Washington created answered directly to the Commander-in-Chief, not Congress. In order for these Districts to be created by the President, Congress had to give the President power outside of the Constitution, as declared by Washington himself. Martial law can be used as soon as the military is called upon to put down insurrection or fight a war. Washington created District States, not state districts, and the military occupied the Pennsylvania District until the insurgents went home, Washington said these Districts were created for putting down the rebellion, however they were never disbanded when the rebellion ended. The fact that you say you can't see something, with all due respect does not change reality. Below you will see how Lincoln codified the war powers. You can download the whole general order 100, or ask me and I will email it to you, along with court cases and definitions on the same subject.
Martial Law - Military jurisdiction - Military necessity - Retaliation
"Article 1. A place, district, or country occupied by an enemy stands, in consequence of the occupation, under the Martial Law of the invading or occupying army, whether any proclamation
declaring Martial Law, or any public warning to the inhabitants, has been issued or not. Martial Law is the immediate and direct effect and consequence of occupation or conquest.
The presence of a hostile army proclaims its Martial Law.
Art. 2. Martial Law does not cease during the hostile occupation, except by special proclamation, ordered by the commander in chief; or by special mention in the treaty of peace concluding the war, when the occupation of a place or territory continues beyond the conclusion of peace as one of the conditions of the same.
Art. 3. Martial Law in a hostile country consists in the suspension, by the occupying military authority, of the criminal and civil law, and of the domestic administration and government in the occupied place or territory, and in the substitution of military rule and force for the same, as well as in the dictation of general laws, as far as military necessity requires this suspension, substitution, or dictation. The commander of the forces may proclaim that the administration of all civil and penal law shall continue either wholly or in part, as in times of peace, unless otherwise ordered by the military authority."
{Instructions for the Government of Armies of the United States in the Field, prepared by Francis Lieber, LL.D., Originally Issued as General Orders No. 100, Adjutant General's Office, 1863, Washington 1898: Government Printing Office.}
Marty the information continues to pour in, in support of the information the Informer and I have been writing about and totally confirms, the below comments of Sir Edmund Burke, read the following quote, just one of many from his speech:
"If America gives you taxable objects on which you lay your duties here, and gives you, at the same time, a surplus by a foreign sale of her commodities to pay the duties on these objects which you tax at home, she has performed her part to the British revenue. But with regard to her own internal establishments, she may, I doubt not she will, contribute in moderation. I say in moderation, for she ought not to be permitted to exhaust herself. She ought to be reserved to a war, the weight of which, with the enemies that we are most likely to have, must be considerable in her quarter of the globe. There she may serve you, and serve you essentially. For that service - for all service, whether of revenue, trade, or empire - my trust is in her interest in the British Constitution. My hold of the Colonies is in the close affection which grows from common names, from kindred blood, from similar privileges, and equal protection. These are ties which, through light as air, are as strong as links of iron. Let the Colonists always keep the idea of their civil rights associated with your government, they will cling and grapple to you, and no force under heaven will be of power to tear them from their allegiance."
Burke on Conciliation with the Colonies, March 22, 1775, pages 71,72, published by Allyn and Bacon
"In May, 1775, Washington said: 'If you ever hear of me joining in any such measure [as separation from Great Britain], you have my leave to set me down for everything wicked'- He also said: 'It is not wish or interest of the government [meaning Massachusetts], or of any other upon this continent, separately or collectively, to set up for independence'" Ingersoll, North American Review, CLV. No.2, August, 1892, p. 183, also quote in Sources of the Constitution of the United States, c. Ellis
Stevens, 1927, page 36.
Marty John Jay, one of the men to construct and sign the Peace Treaty of 1783 and the sole man responsible for the Jay Treaty of 1795, he made very clear by his statements that he did not want Independence from England. And as Burke said above you can believe you are free and still be subject to England.
"Jay did not favor independence from Britain. His absence from the signing of the Declaration of Independence was noted by Thomas Jefferson."
Copyright c 1995 by LeftJustified Publiks. All rights reserved.
Marty to prove what Sir Edmund Burke said is possible and was part of the plan of the king, you need to look at the 1213 Charter and the 1689 Declaration of Rights. Because of space limitations I was not able to include them in this email, but will send them to you if you want them. I included them in British Colony part III. The following is a section from my addendum from British Colony part III:
ADDENDUM
I have just discovered the following two endnotes. They completely confirm in a very finial way my research in British Colony parts 1, 2 and 3, and the Informer's research and book "The New History Of America". If you will study the following papers, the Magna Carta and our Bill of Rights, and come to an understanding of their similarities. Then re-read the Charters included in British Colony parts 1 and 2, keeping in mind the issues I raised, then read the following commentary.
"The two main issues as I see them in British Colony are; one, the financial obligations of the 1213 Charter En #1, are still in effect, along with the Charters establishing America. Two, the last sentence of the 1689 Bill of Rights En #2, proves the following:"
"That the Charters of the Colonies could never be overturned by a Declaration of Independence, or the 1787 treaty, otherwise known as the Constitution, I'm talking about the real subject matter, financial obligation. Title for the land was transferred to the states and then ceded by Charter to the federal government under Cestui que trust, but the contracted debt and obligation of the Colonial Charters, and the 1213 Charter could not be negated. Rights could be granted to the citizens, subjects or combatants, which ever the case may be, but the financial obligation cannot, nor could not be affected, because it involves parties not yet born. This why King William said, the 1689 Bill of Rights would not free the kingdom from the obligation of the 1213 Charter. This is why the United States Bank was given right of Charter in America. George Washington had no choice but to succumb to the Rothchilds point man, Hamilton. Talk about deja vu, I mean does this not sound familiar. Our Bill of Rights was given to us, to give us the illusion of freedom. When the tax obligation of the Charters above marched along un-impeded and un-seen, by Americans and Britons alike. Read the Magna Carta again, they wanted the Pope's blessing for the 1215 Charter, this same Pope is the Pope in the 1213 Charter where England and Ireland were given to him. He could not just give back his land, because of other parties not yet born. The Pope let the barons presume they were free and gave his blessing to the 1215 Magna Carta, knowing to do so would in no way lawfully overturn the grant made to him in the 1213 Charter. Also, it is apparent, it was recognized as law that you could not even create a Charter, wherein you declared a previous grant or Charter null in void unless the relevant parties agreed. How can a Charter be made void if parties to the Charter will never cease to be born, an heir can always be found. To prove this, again what did the new king William do, even though the previous monarchy had come to an end, its obligations did not, this is why he had to included paragraph III, a clause to protect the other parties of an earlier Charter."
Statue of 32. Hen. VIII c. 84. (1540)
Marty to further prove our point read the following previous email I sent out so as not to replicate work:
" You will have to read the below statute many times to understand what the king is saying. It was obviously made to be vague and ambiguous, it contains two sentences, the first is 658 words long, the second is 166 words long, not counting punctuation. I have included the following commentary to help your understanding of the below statute.
The king is saying that some of the representatives of the Catholic Church and some of his subjects have received grants of land from the king. The king is also saying they are in violation of certain provisions contained in the grants and land patents. Portions of these grants and land patents were granted to 3rd party entities by his 1st party grantees, through the kings grants and charters, having been granted to them. Because of contractual provisions contained in the grants and land patents being violated, the land was declared to revert back to the original grantees who received grants from the king.
As stated in section 1, this statute deals with land twice removed from the king; to preserve the clarity of his grants and land patents, in conjunction with the law of mortmain. You will see that the 1st party grantors, included ecclesiastical and religious persons, as well as secular. This statute does not change grants between the king, and the 1st party grantees and land patentees.
#7, section I should make you think. If any tax or rent due, (as declared in #5, section I), under the kings grants or Charters, are not paid, the land reverts back to the king, as if the Grants and Charters were never written. This is the same language of intent, used in the 1689 Declaration of Rights, third section, and the 25 section, in the 1776 North Carolina Bill of Rights, of the North Carolina 1776 Constitution, which established the North Carolina Corporation.
In section II, the king extends this statue to all grants made by him, now or in the future. The key and purpose to this statute is contained in #2, section I, no stranger is to enjoy a benefit of any Grant or Charter, if they are not a grantee and benefactor, without paying a rent or tax, see #5, section I. The
main target of this statute was the Catholic Church, because they were not paying the tax due under the grants made to them. However, as shown in previous email the Vatican owned the land
they were being taxed for, under the 1213 Charter. I am sure this is why the Vatican refused to pay a tax, because the owner of the land does not tax himself.
Since the states were the benefactors from the 1783 Peace Treaty, not the inhabitants, and they later transferred their original Grant from the king to the United States Constitution/Corporation, making the inhabitants of the states strangers, maybe now you know how and why we are taxed, and when
the tax is not paid, the land reverts back to the benefactor of the of the kings original land grants, the United States Corporation, the trustee administering the trust/Constitution/Charter.
Nothing has changed since the days of William the Conqueror I, where taxes were levied based on the record of the land holdings written down in the Domesday Book, used by the Exchequer
to tax the benefactors of the kings grants. Today the same procedure is followed, continued under the Charters creating this country. The king established the rent-roll tax in the states based on the counties record of all titles, which are now used by the Exchequer/Federal Reserve to tax the stranger, levy or foreclose on the ryot-tenure, as defined in Black's Law Dictionary, 4th ed..
"A system of land-tenure, where the government takes the place of landowners and collects the rent by means of tax gatherers. The farming is done by poor peasants, (ryots), who find the capital, so far as there is any, and also do the work. The system exists in Turkey, Egypt, Persia, and other Eastern countries, and in a modified form in British India. After slavery, it is accounted the worst of all systems, because the government can fix the rent at what it pleases, and it is difficult to distinguish between rent and taxes." Black's Law Dictionary, 4th ed.
I want to inject a big however, the king and the Vatican are both in violation of the LAW, they do not have ownership of the land, or have perfected land title, no matter what their Charters and land patents say. Why? Who is the original Grantor of land? God Almighty. Not the King or the Pope, their claim to the land to the detriment of the righteous will be revoked. Who did He intrust the land to? The Church (government), the Christians, trustees of Christ's Kingdom. Are not the riches of the world stored up for the righteous? Do not the kingdoms of the world, become the Kingdom of Christ, upon his return? So who are the true benefactors of the one and only Lawful land Grant? The
servants of Jesus Christ!
I asked the Informer to run this statute on RightWriter to see how it would grade the reading level of this statute. It has a reading grade level of a 17th grade level, that is as high as the program goes.
READABILITY INDEX: 16.97
4th 6th 8th 10th 12th 14th
|****|****|****|****|****|****|****|****|****|****|
SIMPLE | ------ GOOD ----- | COMPLEX
Readers need a 17th grade level of education.
The writing is complex and may be difficult to read.
The Informer also tried to run it on Grammatik and program went bonkers. If you have a hard time understanding this statute, don't be surprised. You will be in good company, our fore fathers with their high level of education would have a hard time understanding this statute. By the way, the Informer has said since his early book "Which One Are You", that we were still subject to the king and under the ryot-tenure system, since the inception of this country.
Under The Statues of 32. Hen. VIII c. 84. (1540)
(a) Parties
St. 32 Hen. VIII. c. 84,--Where before this time divers, as well temporal as ecclesiastical and religious persons, have made sundry leases, demises and grants to divers other persons, of sundry manors, lordships, forms, meases, lands, tenements, meadows, pastures, or other hereditaments, for term of life or lives, or for term of years, by writing under their seal or seals, containing certain conditions, covenants and agreements to be performed, as well on the part and behalf of the said lessees and grantees, their executors and assigns, as on the behalf of the said lessors and grantors, their heirs and successors; (2) and forasmuch as by the common law of this realm, no stranger to
any covenant, action or condition, shall take any advantage or benefit of the same, by any means or ways in the law, but only such as be parties or privies thereunto, by the reason whereof, as well all grantee of reversions, as also all grantees and patentees of the King our sovereign lord, of sundry manors, lordships, granges, forms, meases, lands tenements, meadows, pastures, or other hereditaments late belonging to monasteries, and other religious and ecclesiastical houses dissolved, suppressed, renounced, relinquished, forfeited, given up, or by other means come to the hands and possession of the King's majesty since the fourth day of February the seven and twentieth
year of his most noble reign, be excluded to have any entry or action against the said lessees and grantees, their executors or assigns, which the lessors for the breach of any condition, covenant or agreement comprised in the indentures of their said leases, demises and grants: (3) be it therefore enacted by the King our sovereign lord, the lords spiritual and temporal, and the commons, in this present parliament assembled, and by authority of the same, That as well all and every person and
persons, and bodies politic, their heirs, successors and assigns, which have or shall have any gift or grant of our said sovereign lord by his letters patents of any lordships, manors, lands, tenements, rents, parsonages, tithes, portions, or any other hereditaments, or of any reversion or reversions of the same, which did belong or appertain to any of the said monasteries, and other religious and ecclesiastical houses, dissolved, suppressed, relinquished, forfeited, or by any other means come to the King's hands since the said fourth day of February the seven and twentieth year of his most noble reign, or which at any time heretofore did belong or appertain to any other person or persons, and after came to the hands of our said sovereign lord, (4) as also all other persons being grantees or assignees to or by our said sovereign lord the King, or to or by any other person or persons than the King's highness, and the heirs, executors, successors and assigns of every of them, (5) shall and may have and enjoy like advantage against the lessees, there executors, administrators and assigns, by entry for non-payment of the rent, or for doing of waste or other forfeiture; (6) and also shall and
may have and enjoy all and every such like, and the same advantage, benefit and remedies by action only, for not performing of the other conditions, covenants or agreements contained and expressed in the indentures of their said lesses, demises or grants, against all and every the said lessees and farmers and grantees, their executors, administrators and assigns, as the said lessors or grantors themselves, or their heirs or successors, ought, should, or might have had and enjoyed at any time or times, (7) in like manner and form as if the reversion of such lands, tenements or hereditaments had not come to the hands of our said sovereign lord, or as our said sovereign lord, his heirs and successors, should or might have had and enjoyed in certain cases, by virtue of the act made at the first session of this present parliament, if no such grant by letters patent had been made by His Highness. II. Moreover be it enacted by authority aforesaid, That all farmers, lessees and grantees of lordships, manors, lands, tenements, rents, parsonages, tithes, portions, or any other hereditaments for term of years, life or lives, their executors, administrators and assigns, shall and may have like action, advantage and remedy against all and every person and persons and bodies politic, their heirs, successors and assigns, which have or shall have any gift or grant of the King our sovereign lord, or of any other person or persons, of the reversion of the same manors, lands, tenements, and other hereitaments so letten, or any parcel thereof, for any condition, covenant or agreement contained or expressed in the indentures of their lesse or leases, as the same lessees, or any of them might and should have had against the said lessors and grantors, their heirs and successors; (2) all benefits and advantages of recoveries in value by reason of any warranty in deed or in law by voucher or otherwise only excepted.Fn#1 Footnote #1 "The Statute deals only with actions by the
assignee of the reversion against the lessee or his assignee, and actions by the lessee or his assignee against the assignee of the reversion; and not with actions by the lessor against the assignee of the lessee, or e contra, which actions seem therefore to be governed by the common law." 1 Smith, L. C. (10th ed.) 74
Marty you are right, the 14th Amendment is very relevant, but I think misunderstood on just what its implications are. If you will read British Colony part III, I include forgotten history, that shows just how relevant the 14th Amendment argument is. However, after you learn this information, if you do not already know it, you will come to the conclusion the Informer and I have come to. No reoccurring remedy will be obtained in the courts, just brief aberrations of justice based on the demeanor or impatients of the judge, or his/her lack of self-confidence based on the judges lack of knowledge concerning public policy. Once the judges know their decisions will not be overturned, or their careers damaged, defeat of patriot arguments will be swift, and the penalty for frivolous law suits will be just as swift and increase with intolerance of the Judiciary. I don't mean to sound like a stick in the mud, but it is true. Only through the education of the public, coinciding with the coming financial pain, will change the publics perception of their freedom. Unfortunately I fear it will be to late to make any changes, until Rome self-destructs.
James Montgomery
Ken,
I thought I would send you this email, in case you also are sent the
original message, like the one you just sent me, from eagleflt. You
will see a quote below from Burke, I thought I would add a few more
quotes that were not in the original message, from Burke. I can make
you a copy of Burke's speech if you are interested. It is 87 pages in
total, there are many more pearls contained in his speech. I am in
the process of typing in several pages of quotes. The setting for his
speech was just before the 1776 war, he was arguing against the use
of force. The majority of the House of Commons wanted to beat the
colonies into submission. I just tonight obtained a copy of the
complete work of Adam Smith, Al and I each have different books,
containing portions of his complete work. His complete work is 800
pages, we can hook up on the modem and I could send it to you. As you
will see below from the additional quotes, if you are not yet
convinced of
what I have been saying on this subject, you will be. Also, if you have ever wondered where the American taxing system came from, there will be no doubt after you read the below quotes from Adam Smith. The below quotes are only a portion of what I marked in skimming his book tonight. He obviously goes into more detail, in his 800 page book.
"But my idea of it is this; that an empire is the aggregate of many states under one common head, whether this head be a monarch or a presiding republic."
Speech of Sir Edmund Burke, before the House of Commons, March 22, 1775
What was it Franklin said, when asked what government have you given us, in reply he said a Republic. Our fore fathers were protecting their ass-ets and seeking to remain subject to the
king in a hidden way. For which they were to receive further privileges. I would love to be able to look into the old English records and see if their personal land holdings in England increased, after the 1783 Peace Treaty and the 1787 Constitution/Charter were approved, by an unsuspecting public.
"Men may lose little in property by the act which takes away all their freedom. When a man is robbed of a trifle on the highway, it is not the two-pence lost that constitutes the capital outrage."
Speech of Sir Edmund Burke, before the House of Commons, March 22, 1775
"The people heard, indeed, from the beginning of these disputes, one thing continually dinned in their ears, that reason and justice demanded that the Americans, who paid no taxes, should be compelled to contribute."
Speech of Sir Edmund Burke, before the House of Commons, March 22, 1775
"Let us get an American revenue as we have got an American empire. English privileges have made it all that it is; English privileges alone will make it all it can be."
Speech of Sir Edmund Burke, before the House of Commons, March 22, 1775
"Their wealth was considered as our wealth. Whatever money was sent out to them, it was said, came all back to us by the balance of trade, and we could never become a farthing the poorer by any expense which we could lay out upon them. They were our own in every respect, and it was an expense laid out upon the improvement of our own property and for the profitable employment of our own people."
1776, AN INQUIRY INTO THE NATURE AND CAUSES OF THE WEALTH OF NATIONS by Adam Smith
Need I say more, I have been ridiculed by some for what I have said, in respect to our continued subjection to England, and I am sure Al has to. The above quote is further evidence that the king did not relinquish his contract/Charters and land grants/patents to the United States. Instead he preserved his ability to receive gain through his taxes for his investment. The below quotes will make you realize that the present tax system was put in place by the king and is completely British, and the way they chose to continue to receive the king's profit from his investment, as declared in his Charters. The federal reserve was also placed here by the Crown, which is proven in the Congressional Record, included in this message and what was included in the Banking paper I did. It is so clear I could even prove it to the average American, given the time, money and opportunity to present it.
"Before I enter upon the examination of particular taxes, it is necessary to premise the four following maxims with regard to taxes in general.
I. The subjects of every state ought to contribute towards the support of the government, as nearly as possible, in proportion to their respective abilities; that is, in proportion to the revenue which they respectively enjoy under the protection of the state. The expense of government to the individuals of a great nation is like the expense of management to the joint tenants of a great estate, who are all obliged to contribute in proportion to their respective interests in the estate. In the observation or neglect of this maxim consists what is called the equality or inequality of taxation. Every tax, it must be observed once for all, which falls finally upon one only of the three sorts of revenue above mentioned, is necessarily unequal in so far as it does not affect the other two. In the following examination of different taxes I shall seldom take much further notice of this sort of inequality, but shall, in most cases, confine my observations to that inequality which is occasioned by a particular tax falling unequally even upon that particular sort of private revenue which is affected by it. II. The tax which each individual is bound to pay ought to be certain, and not arbitrary. The time of payment, the manner of payment, the quantity to be paid, ought all to be clear and plain to the contributor, and to every other person. Where it is otherwise, every person subject to the tax is put more or less in the power of the tax-gathered, who can either aggravate the tax upon any obnoxious contributor, or extort, by the terror of such aggravation, some present or perquisite to himself. The uncertainty of taxation encourages the insolence and favours the corruption of an order of men who are naturally unpopular, even where they are neither insolent nor corrupt. The certainty of what each individual ought to pay is, in taxation, a matter of so great importance that a very considerable degree of inequality, it appears, I believe, from the experience of all nations, is not near so great an evil as a very small degree of uncertainty. III. Every tax ought to be levied at the time, or in the manner, in which it is most likely to be convenient for the contributor to pay it. A tax upon the rent of land or of houses, payable at the same term at which such rents are usually paid, is levied at the time when it is most likely to be convenient for the contributor to pay; or, when he is most likely to have wherewithal to pay. Taxes upon such consumable goods as are articles of luxury are all finally paid by the consumer, and generally in a manner that is very convenient for him. He pays them by little and little, as he has occasion to buy the goods. As he is at liberty, too, either to buy, or not to buy, as he pleases, it must be his own fault if he ever suffers any considerable inconveniency from such taxes. IV. Every tax ought to be so contrived as both to take out and to keep out of the pockets of the people as little as possible over and above what it brings into the public treasury of the state. A tax may either take out or keep out of the pockets of the people a great deal more than it brings into the public treasury, in the four following ways. First, the levying of it may require a great number of officers, whose salaries may eat up the greater part of the produce of the tax, and whose perquisites may impose another additional tax upon the people. Secondly, it may obstruct the industry the people, and discourage them from applying to certain branches of business which might give maintenance and unemployment to great multitudes. While it obliges the people to pay, it may thus diminish, or perhaps destroy, some of the funds which might enable them more easily to do so. Thirdly, by the forfeitures and other penalties which those unfortunate individuals incur who attempt unsuccessfully to evade the tax, it may frequently ruin them, and thereby put an end to the benefit which the community might have received from the employment of their capitals. An injudicious tax offers a great temptation to smuggling. But the penalties of smuggling must rise in proportion to the temptation. The law, contrary to all the ordinary principles of justice, first creates the temptation, and then punishes those who yield to it; and it commonly enhances the punishment, too, in proportion to the very circumstance which ought certainly to alleviate it, the temptation to commit the crime. Fourthly, by subjecting the people to the frequent visits and the odious examination of the tax-gatherers, it may expose them to much unnecessary trouble, vexation, and oppression; and though vexation is not, strictly speaking, expense, it is certainly equivalent to the expense at which every man would be willing to redeem himself from it. It is in some one or other of these four different ways that taxes are frequently so much more burdensome to the people than they are beneficial to the sovereign."
1776, AN INQUIRY INTO THE NATURE AND CAUSES OF THE WEALTH OF NATIONS by Adam Smith
"It is not contrary to justice that both Ireland and America should contribute towards the discharge of the public debt of Great Britain. That debt has been contracted in support of the government established by the Revolution, a government to which the Protestants of Ireland owe, not only the whole authority which they at present enjoy in their own country, but every security which they possess for their liberty, their property, and their religion; a government to which several of the colonies of America owe their present charters, and consequently their present constitution, and to which all the colonies of America owe the liberty, security, and property which they have ever since enjoyed. That public debt has been contracted in the defence, not of Great Britain alone, but of all the different provinces of the empire; the immense debt contracted in the late war in particular, and a great part of that contracted in the war before, were both properly contracted in defence of America."
1776, AN INQUIRY INTO THE NATURE AND CAUSES OF THE WEALTH OF NATIONS by Adam Smith
"The expense of the peace establishment of the colonies was, before the commencement of the present disturbances, very considerable, and is an expense which may, and if no revenue can be drawn from them ought certainly to be saved altogether. This constant expense in time of peace, though very great, is insignificant in comparison with what the defence of the colonies has cost us in time of war. The last war, which was undertaken altogether on account of the colonies, cost Great Britain, it has already been observed, upwards of ninety millions. The Spanish war of 1739 was principally undertaken on their account, in which, and in the French war that was the consequence of it, Great Britain spent upwards of forty millions, a great part of which ought justly to be charged to the colonies. In those two wars the colonies cost Great Britain much more than double the sum which the national debt amounted to before the commencement of the first of them. Had it not been for those wars that debt might, and probably would by this time, have been completely paid; and had it not been for the colonies, the former of those wars might not, and the latter certainly would not have been undertaken. It was because the colonies were supposed to be provinces of the British empire that this expense was laid out upon them. But countries which contribute neither revenue nor
military force towards the support of the empire cannot be considered as provinces. They may perhaps be considered as appendages, as a sort of splendid and showy equipage of the empire. But if the empire can no longer support the expense of keeping up this equipage, it ought certainly to lay it down; and if it cannot raise its revenue in proportion to its expense, it ought, at least, to accommodate its expense to its revenue. If the colonies, notwithstanding their refusal to submit to British taxes, are still to be considered as provinces of the British empire, their defence in some future war may cost Great Britain as great an expense as it ever has done in any former war. The rulers of Great Britain have, for more than a century past, amused the people with the imagination that they possessed a great empire on the west side of the Atlantic. This empire, however, has hitherto existed in imagination only. It has hitherto been, not an empire, but the project of an empire; not a gold mine, but the project of a gold mine; a project which has cost, which continues to cost, and which, if pursued in the same way as it has been hitherto, is likely to cost, immense expense, without being likely to bring any profit; for the effects of the monopoly of the colony trade, it has been shown, are, to the great body of the people, mere loss instead of profit."
1776, AN INQUIRY INTO THE NATURE AND CAUSES OF THE WEALTH OF NATIONS by Adam Smith
That is a good question, in 1213 because the Pope had earlier withdrawn his emissary and blessings, the king of England felt compelled to reestablish the blessings of the Pope, thereby God's Blessings, as he believed it. It was hard to get knights to go to the crusades and fight wars and of conquest and die without the blessings of God Almighty. See below quotes:
11. "To those knights who render military service for their lands I grant of my own gift that the lands of their demesne ploughs be free from all payments and all labor, so that, having been released from so great a burden, they may equip themselves well with horses and arms and be fully prepared for my service and the defense of my kingdom." Charter of Liberties of Henry I, 1100
"All who die by the way, whether by land or by sea, or in battle against the pagans, shall have immediate remission of sins. This I grant them through the power of God with which I am invested." Pope Urban II: Speech at Council of Clermont, 1095, according to Fulcher of Chartres
what I have been saying on this subject, you will be. Also, if you have ever wondered where the American taxing system came from, there will be no doubt after you read the below quotes from Adam Smith. The below quotes are only a portion of what I marked in skimming his book tonight. He obviously goes into more detail, in his 800 page book.
"But my idea of it is this; that an empire is the aggregate of many states under one common head, whether this head be a monarch or a presiding republic."
Speech of Sir Edmund Burke, before the House of Commons, March 22, 1775
What was it Franklin said, when asked what government have you given us, in reply he said a Republic. Our fore fathers were protecting their ass-ets and seeking to remain subject to the
king in a hidden way. For which they were to receive further privileges. I would love to be able to look into the old English records and see if their personal land holdings in England increased, after the 1783 Peace Treaty and the 1787 Constitution/Charter were approved, by an unsuspecting public.
"Men may lose little in property by the act which takes away all their freedom. When a man is robbed of a trifle on the highway, it is not the two-pence lost that constitutes the capital outrage."
Speech of Sir Edmund Burke, before the House of Commons, March 22, 1775
"The people heard, indeed, from the beginning of these disputes, one thing continually dinned in their ears, that reason and justice demanded that the Americans, who paid no taxes, should be compelled to contribute."
Speech of Sir Edmund Burke, before the House of Commons, March 22, 1775
"Let us get an American revenue as we have got an American empire. English privileges have made it all that it is; English privileges alone will make it all it can be."
Speech of Sir Edmund Burke, before the House of Commons, March 22, 1775
"Their wealth was considered as our wealth. Whatever money was sent out to them, it was said, came all back to us by the balance of trade, and we could never become a farthing the poorer by any expense which we could lay out upon them. They were our own in every respect, and it was an expense laid out upon the improvement of our own property and for the profitable employment of our own people."
1776, AN INQUIRY INTO THE NATURE AND CAUSES OF THE WEALTH OF NATIONS by Adam Smith
Need I say more, I have been ridiculed by some for what I have said, in respect to our continued subjection to England, and I am sure Al has to. The above quote is further evidence that the king did not relinquish his contract/Charters and land grants/patents to the United States. Instead he preserved his ability to receive gain through his taxes for his investment. The below quotes will make you realize that the present tax system was put in place by the king and is completely British, and the way they chose to continue to receive the king's profit from his investment, as declared in his Charters. The federal reserve was also placed here by the Crown, which is proven in the Congressional Record, included in this message and what was included in the Banking paper I did. It is so clear I could even prove it to the average American, given the time, money and opportunity to present it.
"Before I enter upon the examination of particular taxes, it is necessary to premise the four following maxims with regard to taxes in general.
I. The subjects of every state ought to contribute towards the support of the government, as nearly as possible, in proportion to their respective abilities; that is, in proportion to the revenue which they respectively enjoy under the protection of the state. The expense of government to the individuals of a great nation is like the expense of management to the joint tenants of a great estate, who are all obliged to contribute in proportion to their respective interests in the estate. In the observation or neglect of this maxim consists what is called the equality or inequality of taxation. Every tax, it must be observed once for all, which falls finally upon one only of the three sorts of revenue above mentioned, is necessarily unequal in so far as it does not affect the other two. In the following examination of different taxes I shall seldom take much further notice of this sort of inequality, but shall, in most cases, confine my observations to that inequality which is occasioned by a particular tax falling unequally even upon that particular sort of private revenue which is affected by it. II. The tax which each individual is bound to pay ought to be certain, and not arbitrary. The time of payment, the manner of payment, the quantity to be paid, ought all to be clear and plain to the contributor, and to every other person. Where it is otherwise, every person subject to the tax is put more or less in the power of the tax-gathered, who can either aggravate the tax upon any obnoxious contributor, or extort, by the terror of such aggravation, some present or perquisite to himself. The uncertainty of taxation encourages the insolence and favours the corruption of an order of men who are naturally unpopular, even where they are neither insolent nor corrupt. The certainty of what each individual ought to pay is, in taxation, a matter of so great importance that a very considerable degree of inequality, it appears, I believe, from the experience of all nations, is not near so great an evil as a very small degree of uncertainty. III. Every tax ought to be levied at the time, or in the manner, in which it is most likely to be convenient for the contributor to pay it. A tax upon the rent of land or of houses, payable at the same term at which such rents are usually paid, is levied at the time when it is most likely to be convenient for the contributor to pay; or, when he is most likely to have wherewithal to pay. Taxes upon such consumable goods as are articles of luxury are all finally paid by the consumer, and generally in a manner that is very convenient for him. He pays them by little and little, as he has occasion to buy the goods. As he is at liberty, too, either to buy, or not to buy, as he pleases, it must be his own fault if he ever suffers any considerable inconveniency from such taxes. IV. Every tax ought to be so contrived as both to take out and to keep out of the pockets of the people as little as possible over and above what it brings into the public treasury of the state. A tax may either take out or keep out of the pockets of the people a great deal more than it brings into the public treasury, in the four following ways. First, the levying of it may require a great number of officers, whose salaries may eat up the greater part of the produce of the tax, and whose perquisites may impose another additional tax upon the people. Secondly, it may obstruct the industry the people, and discourage them from applying to certain branches of business which might give maintenance and unemployment to great multitudes. While it obliges the people to pay, it may thus diminish, or perhaps destroy, some of the funds which might enable them more easily to do so. Thirdly, by the forfeitures and other penalties which those unfortunate individuals incur who attempt unsuccessfully to evade the tax, it may frequently ruin them, and thereby put an end to the benefit which the community might have received from the employment of their capitals. An injudicious tax offers a great temptation to smuggling. But the penalties of smuggling must rise in proportion to the temptation. The law, contrary to all the ordinary principles of justice, first creates the temptation, and then punishes those who yield to it; and it commonly enhances the punishment, too, in proportion to the very circumstance which ought certainly to alleviate it, the temptation to commit the crime. Fourthly, by subjecting the people to the frequent visits and the odious examination of the tax-gatherers, it may expose them to much unnecessary trouble, vexation, and oppression; and though vexation is not, strictly speaking, expense, it is certainly equivalent to the expense at which every man would be willing to redeem himself from it. It is in some one or other of these four different ways that taxes are frequently so much more burdensome to the people than they are beneficial to the sovereign."
1776, AN INQUIRY INTO THE NATURE AND CAUSES OF THE WEALTH OF NATIONS by Adam Smith
"It is not contrary to justice that both Ireland and America should contribute towards the discharge of the public debt of Great Britain. That debt has been contracted in support of the government established by the Revolution, a government to which the Protestants of Ireland owe, not only the whole authority which they at present enjoy in their own country, but every security which they possess for their liberty, their property, and their religion; a government to which several of the colonies of America owe their present charters, and consequently their present constitution, and to which all the colonies of America owe the liberty, security, and property which they have ever since enjoyed. That public debt has been contracted in the defence, not of Great Britain alone, but of all the different provinces of the empire; the immense debt contracted in the late war in particular, and a great part of that contracted in the war before, were both properly contracted in defence of America."
1776, AN INQUIRY INTO THE NATURE AND CAUSES OF THE WEALTH OF NATIONS by Adam Smith
"The expense of the peace establishment of the colonies was, before the commencement of the present disturbances, very considerable, and is an expense which may, and if no revenue can be drawn from them ought certainly to be saved altogether. This constant expense in time of peace, though very great, is insignificant in comparison with what the defence of the colonies has cost us in time of war. The last war, which was undertaken altogether on account of the colonies, cost Great Britain, it has already been observed, upwards of ninety millions. The Spanish war of 1739 was principally undertaken on their account, in which, and in the French war that was the consequence of it, Great Britain spent upwards of forty millions, a great part of which ought justly to be charged to the colonies. In those two wars the colonies cost Great Britain much more than double the sum which the national debt amounted to before the commencement of the first of them. Had it not been for those wars that debt might, and probably would by this time, have been completely paid; and had it not been for the colonies, the former of those wars might not, and the latter certainly would not have been undertaken. It was because the colonies were supposed to be provinces of the British empire that this expense was laid out upon them. But countries which contribute neither revenue nor
military force towards the support of the empire cannot be considered as provinces. They may perhaps be considered as appendages, as a sort of splendid and showy equipage of the empire. But if the empire can no longer support the expense of keeping up this equipage, it ought certainly to lay it down; and if it cannot raise its revenue in proportion to its expense, it ought, at least, to accommodate its expense to its revenue. If the colonies, notwithstanding their refusal to submit to British taxes, are still to be considered as provinces of the British empire, their defence in some future war may cost Great Britain as great an expense as it ever has done in any former war. The rulers of Great Britain have, for more than a century past, amused the people with the imagination that they possessed a great empire on the west side of the Atlantic. This empire, however, has hitherto existed in imagination only. It has hitherto been, not an empire, but the project of an empire; not a gold mine, but the project of a gold mine; a project which has cost, which continues to cost, and which, if pursued in the same way as it has been hitherto, is likely to cost, immense expense, without being likely to bring any profit; for the effects of the monopoly of the colony trade, it has been shown, are, to the great body of the people, mere loss instead of profit."
1776, AN INQUIRY INTO THE NATURE AND CAUSES OF THE WEALTH OF NATIONS by Adam Smith
That is a good question, in 1213 because the Pope had earlier withdrawn his emissary and blessings, the king of England felt compelled to reestablish the blessings of the Pope, thereby God's Blessings, as he believed it. It was hard to get knights to go to the crusades and fight wars and of conquest and die without the blessings of God Almighty. See below quotes:
11. "To those knights who render military service for their lands I grant of my own gift that the lands of their demesne ploughs be free from all payments and all labor, so that, having been released from so great a burden, they may equip themselves well with horses and arms and be fully prepared for my service and the defense of my kingdom." Charter of Liberties of Henry I, 1100
"All who die by the way, whether by land or by sea, or in battle against the pagans, shall have immediate remission of sins. This I grant them through the power of God with which I am invested." Pope Urban II: Speech at Council of Clermont, 1095, according to Fulcher of Chartres
Because
of the power of the Pope to raise armies, the king had to do anything
he could to regain the blessing of the Church, via the Pope. So in
1213 by way of Charter/trust, the king gave all of his holding to the
Pope, including England and Ireland, all that he possessed, and
placed his subjects forever under the dictates of the Pope. You can
find a copy of this Charter in the, "In A Nutshell" paper I
just sent you.
So you now you know what the king did and why. Now you have to ask yourself, is the 1213 Charter still valid law? I obviously don't have receipts from the gold and silver taxes paid to the Pope, but there are ways to know the answer.
First, in 1689 there was a Declaration of Rights that took place after civil war in England. Charles I was beheaded and Charles II took over the thrown, but what took place was even more drastic than a change in monarchy. Theology and Doctrine was turned on its head, King William declared that England and his subjects were no longer under the Pope or the Catholic Church. Even today you can see this division, in Ireland with the IRA who remain loyal to the Pope and Unionist that remain loyal to the king and the Protestant doctrine stemming back to king William. The Declaration went on to declare many rights for the subjects of king William. Did the 1689 Declaration of Rights with the blessing of king William void the 1213 Charter?
III. Provided that no charter or grant or pardon granted before the three and twentieth day of October in the year of our Lord one thousand six hundred eighty-nine shall be any ways impeached or invalidated by this Act, but that the same shall be and remain of the same force and effect in law and no other than as if this Act had never been made.
King William's lawyers said in this section ,that if any Charter or Grant prior to this 1689 Declaration of Rights, is contradicted by this Declaration as a matter of law the Declaration is as if it were never written. There are several truths to be taken from this, the obvious one is the 1213 Charter could not be invalidated because it is a non-revokable trust, a contract. Only the parties to the contract can void a trust. Parties to the trust continue to be born even today. Also, the freedom imagined by the subjects was just that, imagined, remember the quotes from Sir Edmond Burke I included in the previous email? Here is another one:
"If America gives you taxable objects on which you lay your duties here, and gives you, at the same time, a surplus by a foreign sale of her commodities to pay the duties on these objects which you tax at home, she has performed her part to the British revenue. But with regard to her own internal
establishments, she may, I doubt not she will, contribute in moderation. I say in moderation, for she ought not to be permitted to exhaust herself. She ought to be reserved to a war, the weight of which, with the enemies that we are most likely to have, must be considerable in her quarter of the globe. There she may serve you, and serve you essentially. For that service - for all service, whether of revenue, trade, or empire - my trust is in her interest in the British Constitution. My hold of the Colonies is in the close affection which grows from common names, from kindred blood, from similar privileges, and equal protection. These are ties which, through light as air, are as strong as links of iron. Let the Colonists always keep the idea of their civil rights associated with your government, they will cling and grapple to you, and no force under heaven will be of power to tear them from their allegiance."
Burke on Conciliation with the Colonies, March 22, 1775, pages 71,72, published by Allyn and Bacon
As I said, king William made it clear he did not have the power, or legal authority to void the 1213 Charter with the Pope, or any other Charter that came into conflict with the 1689 Declaration of Rights. Now this is one witness to what I said in British Colony parts I, II and III. So as of 1689, the 1213 Charter was still law, is it still law today here is another witness I just got last night.
"The Bill of Rights of 1689. which is still in force as statute law and remains our central constitutional document,..."fn # "The Bill of Rights is perhaps the nearest approach to a constitutional code which we possess", Sir William Anson, The law and Custom of the Constitution, (5th Edn., Oxford 1922). Bill of Rights by Richard Munday
In Bowles v. Bank of England:
"The Bill of Rights still remains unrepealed, and no practice or custom, however prolonged, or however acquiesced in on the part of the subject, can be relied on by the Crown as justifying any infringement of its provisions."
And to bring this fact to the present:
"It is ironical, but perhaps unsurprising, that recent years have seen calls for a new Bill of Rights:" cf., e.g., A. Lester, A British Bill of Rights (2nd edn., Institute for Public Policy Research 1996).
So to answer your question, yes Britain is still subject to Rome, unknown to the Brits. Is it possible for such a important fact to remain hidden, the facts say yes. Also, as the Brits recognize the 1689 Declaration of Rights to still be the law in Britain, and their Constitution, we are faced with the same thing in this country. Do not Americans believe themselves to be totally free, and claim the Bill of Rights in our Constitution and the Declaration of Independence, which is modeled after the 1215 Magna Charta? Did not Sir Edmund Burke say in the quote above, "Let the Colonists always keep the idea of their civil rights associated with your government, they will cling and grapple to you, and no force under heaven will be of power to tear them from their allegiance."?
We are a colony yet today, be it unknown, lack of knowledge does not change the facts. Just because the World was believed to be flat in the middle ages, did not make it indeed flat. A
portion of the taxes paid to day go by treaty to Great Britain. Our tax system was given to us by England, our Federal Reserve was given to us by the Bank of England. The Bankruptcy of England in the 1700, and their debt was taken over by the Rothchilds, who controlled the Bank of England. If you want to learn more about this issue you I will send you "A Country Defeated In Victory, parts I and II, and read the attached Congressional Record. Where did the Rothchilds get their money,
seemingly overnight and enough to finance war and government around the world including the United States, the Vatican? The Vatican, via, the Pope is the only source of such immense wealth.
The Pope regained land given him in the Charter of 1213 thru debt and taxes and supplying financial assistance at the right time. How did the king regain his land in America as declared in his Charters? Debt taxes and supplying financial assistance at the right time. I wonder where he learned this practice from?
James Montgomery
Hello Bill,
I agree completely, I have already reported this along with documentation, so has the Informer, maybe you have not seen it. In 1213 the king of England ceded all of his holding to the Pope.
This is why Pope Innocent III is one of the parties of interest in the 1215 Magna Charta, and later that same year declared the Magna Charta to null and void. The 1213 Charta was reconfirmed in the Declaration of rights of 1689, wherein after declaring many rights for the people of England and that they were no longer subject to the Pope or the Catholic Church, declared in the last section this Declaration of Rights would be null and void if it came into conflict with any prior Charta, see the
following quote:
So you now you know what the king did and why. Now you have to ask yourself, is the 1213 Charter still valid law? I obviously don't have receipts from the gold and silver taxes paid to the Pope, but there are ways to know the answer.
First, in 1689 there was a Declaration of Rights that took place after civil war in England. Charles I was beheaded and Charles II took over the thrown, but what took place was even more drastic than a change in monarchy. Theology and Doctrine was turned on its head, King William declared that England and his subjects were no longer under the Pope or the Catholic Church. Even today you can see this division, in Ireland with the IRA who remain loyal to the Pope and Unionist that remain loyal to the king and the Protestant doctrine stemming back to king William. The Declaration went on to declare many rights for the subjects of king William. Did the 1689 Declaration of Rights with the blessing of king William void the 1213 Charter?
III. Provided that no charter or grant or pardon granted before the three and twentieth day of October in the year of our Lord one thousand six hundred eighty-nine shall be any ways impeached or invalidated by this Act, but that the same shall be and remain of the same force and effect in law and no other than as if this Act had never been made.
King William's lawyers said in this section ,that if any Charter or Grant prior to this 1689 Declaration of Rights, is contradicted by this Declaration as a matter of law the Declaration is as if it were never written. There are several truths to be taken from this, the obvious one is the 1213 Charter could not be invalidated because it is a non-revokable trust, a contract. Only the parties to the contract can void a trust. Parties to the trust continue to be born even today. Also, the freedom imagined by the subjects was just that, imagined, remember the quotes from Sir Edmond Burke I included in the previous email? Here is another one:
"If America gives you taxable objects on which you lay your duties here, and gives you, at the same time, a surplus by a foreign sale of her commodities to pay the duties on these objects which you tax at home, she has performed her part to the British revenue. But with regard to her own internal
establishments, she may, I doubt not she will, contribute in moderation. I say in moderation, for she ought not to be permitted to exhaust herself. She ought to be reserved to a war, the weight of which, with the enemies that we are most likely to have, must be considerable in her quarter of the globe. There she may serve you, and serve you essentially. For that service - for all service, whether of revenue, trade, or empire - my trust is in her interest in the British Constitution. My hold of the Colonies is in the close affection which grows from common names, from kindred blood, from similar privileges, and equal protection. These are ties which, through light as air, are as strong as links of iron. Let the Colonists always keep the idea of their civil rights associated with your government, they will cling and grapple to you, and no force under heaven will be of power to tear them from their allegiance."
Burke on Conciliation with the Colonies, March 22, 1775, pages 71,72, published by Allyn and Bacon
As I said, king William made it clear he did not have the power, or legal authority to void the 1213 Charter with the Pope, or any other Charter that came into conflict with the 1689 Declaration of Rights. Now this is one witness to what I said in British Colony parts I, II and III. So as of 1689, the 1213 Charter was still law, is it still law today here is another witness I just got last night.
"The Bill of Rights of 1689. which is still in force as statute law and remains our central constitutional document,..."fn # "The Bill of Rights is perhaps the nearest approach to a constitutional code which we possess", Sir William Anson, The law and Custom of the Constitution, (5th Edn., Oxford 1922). Bill of Rights by Richard Munday
In Bowles v. Bank of England:
"The Bill of Rights still remains unrepealed, and no practice or custom, however prolonged, or however acquiesced in on the part of the subject, can be relied on by the Crown as justifying any infringement of its provisions."
And to bring this fact to the present:
"It is ironical, but perhaps unsurprising, that recent years have seen calls for a new Bill of Rights:" cf., e.g., A. Lester, A British Bill of Rights (2nd edn., Institute for Public Policy Research 1996).
So to answer your question, yes Britain is still subject to Rome, unknown to the Brits. Is it possible for such a important fact to remain hidden, the facts say yes. Also, as the Brits recognize the 1689 Declaration of Rights to still be the law in Britain, and their Constitution, we are faced with the same thing in this country. Do not Americans believe themselves to be totally free, and claim the Bill of Rights in our Constitution and the Declaration of Independence, which is modeled after the 1215 Magna Charta? Did not Sir Edmund Burke say in the quote above, "Let the Colonists always keep the idea of their civil rights associated with your government, they will cling and grapple to you, and no force under heaven will be of power to tear them from their allegiance."?
We are a colony yet today, be it unknown, lack of knowledge does not change the facts. Just because the World was believed to be flat in the middle ages, did not make it indeed flat. A
portion of the taxes paid to day go by treaty to Great Britain. Our tax system was given to us by England, our Federal Reserve was given to us by the Bank of England. The Bankruptcy of England in the 1700, and their debt was taken over by the Rothchilds, who controlled the Bank of England. If you want to learn more about this issue you I will send you "A Country Defeated In Victory, parts I and II, and read the attached Congressional Record. Where did the Rothchilds get their money,
seemingly overnight and enough to finance war and government around the world including the United States, the Vatican? The Vatican, via, the Pope is the only source of such immense wealth.
The Pope regained land given him in the Charter of 1213 thru debt and taxes and supplying financial assistance at the right time. How did the king regain his land in America as declared in his Charters? Debt taxes and supplying financial assistance at the right time. I wonder where he learned this practice from?
James Montgomery
Hello Bill,
I agree completely, I have already reported this along with documentation, so has the Informer, maybe you have not seen it. In 1213 the king of England ceded all of his holding to the Pope.
This is why Pope Innocent III is one of the parties of interest in the 1215 Magna Charta, and later that same year declared the Magna Charta to null and void. The 1213 Charta was reconfirmed in the Declaration of rights of 1689, wherein after declaring many rights for the people of England and that they were no longer subject to the Pope or the Catholic Church, declared in the last section this Declaration of Rights would be null and void if it came into conflict with any prior Charta, see the
following quote:
"III. Provided that no charter or grant or pardon granted before the three and twentieth day of October in the year of our Lord one thousand six hundred eighty-nine shall be any ways impeached
or invalidated by this Act, but that the same shall be and remain of the same force and effect in law and no other than as if this Act had never been made."
In the Treaty of Verona, November 22, 1822, the Pope entered an agreement with Austria, France and Russia to destroy all self representative forms of government, because it threatened all monarchies. The Pope's henchman, the jesuits have been responsible for the down fall of governments and murders all over the world, the most known was Abraham Lincoln. The Secret Treaty of Verona it says:
Article 1: "The high contracting powers being convinced that the system of representative government is equally as incompatible with the monarchical principles as the maxim of the sovereignty of the people with the divine right, engage mutually, to the system of representative governments, in whatever country it may exist in Europe, and to prevent its being introduced in those countries where it is not yet known."
President Lincoln new what was being done, just before he took office he said: "As George Washington was the first President, so James Buchanan will be the last President of the United States." There was a huge undertaking to bring America and her people back under rule of England and the Pope. The attack and conquest was complete and universal, England admonished the South for their owning slaves and making war against the United States. The Pope's henchmen, the jesuit priests in the South insured the wrath of the North, after the jesuits murdered President Lincoln. The leader of the six jesuits priests, John H. Surratt, escaped to England where he stayed, hidden by the Catholic Church until safe passage could be arranged to Rome. John Wilkes Booth was initiated into the Knights of the Golden Circle in Baltimore in the fall of 1860, and was not brought into the plot to kill President Lincoln until November of 1864, where in a meeting with the other jesuit conspirators, Booth was drawn by lot, to kill President Lincoln. John H. Surratt was finally caught and returned for trial for his part in the assignation. Jesuit priest filled the court room daily during his trial, on July 26, 1867 the jury came back split, half for conviction and acquittal. Surratt was jailed and denied bail, the following September his case was nolle prosequi, meaning the case would not be tried again. Surratt was then indicted for rebellion and later the district attorney entered the same nolle prosequi. The jesuit priest John H. Surratt, proven to be the ring leader in the death of President Lincoln was untouchable. In the affidavit of Henri De Sainte Marie, Aims Report, House of Representatives, 39th Session Congress, Page 15, Ex. Document No. 9., he says: "I believe he is protected by the clergy and that the murder is the result of a deep laid plot, not only against the life of President Lincoln but against the existence of the republic, as we are aware that priesthood and royalty are and always have been opposed to liberty. "
(Henri De Sainte Marie, Rufus King, Minister Resident)
After the 1213 Charter made the Pope Contracting party, he and the monarchs of Europe declared in this treaty that representative governments were an enemy to the Catholic Church and the monarchies of the earth. As we know the monarchy of England retains its claim to America, but not without intervening and destroying the 1787 Constitution. The third prong of their attack was the Bank of England, taken over by the Rothschilds money after Britain's bankruptcy. The Rothchilds put in place the Bank of the United States and later the Federal Reserve, which was born in the Bank of England. Where did the Rothschilds get their huge gold reserve? It seems like their banking house just suddenly appeared in the 1700's. In 1850 in the preface of "The Negation Of God", M. About said: "....the Rothschilds who would borrow money from the Pope at six per cent interest".
The tremendous amount of capital it took to bankroll many of the countries the Rothschilds loaned to only existed in Rome. Why? To bankrupt the world, to hold the title to all land, and to rule the people of the world. The Pope's plan is almost complete, but his ownership will be short lived. The above is a matter of history, but is never taught and is allowed to disappear from all but old history books, lost forever, thanks to the advent of television.
I
wonder if you would believe substance or historical fact? I can wall
paper my walls with historical fact, since that is what the Informer
and I base our facts on.
The united states is still a British colony and the 1787 Constitution does not exist. You obviously have not studied our English and American history, because my friend "I" did not write it.
Let's look at some facts, I am not going to deal with the British issue, since you have not excepted a more recent historical fact, the death of the 1787 Constitution.
1. The Constitution is a contract/charter between the states, creating a corporation called the united States government.
2. This contract/charter contains the bylaws of the united States, concerning its powers or lack or power, if any part of a contract between the creating parties is broken it dissolves the contract/charter.
3. The Constitution states clearly enough, that even you could not question its intent; Article IV section 4, The United States shall guarantee to every State in this Union a Republican Form of government.
4. If you had studied history you would know, the state governments of the southern states were booted out and un-elected governments put in their place, so the 14th Amendment would be ratified. The U.S. government not only denied a Republican form of government to the southern states, it removed a Republican form of government from them. From this act alone the 1787 Constitution was dead and a new Constitution forced on the southern states.
5. Article V section 1, and that no state , without its Consent, shall be deprived of its equal Suffrage in the Senate. The Senators of all southern states were kicked out of the Senate, along with the New Jersey Senator.
6. Not only was the Constitution ripped to shreds by the above unlawful acts but this was a political/military take over. All of the southern states were Democrat and the northern states Republican, the action of the northern states destroyed a two party system, and said you will not only vote as we say, you will also change your state constitutions to read as we dictate.
7. If this was not enough to destroy the Constitution, these same renegade northern states passed the Reconstruction Acts. These Acts were declared un-Constitutional by President Johnson, a lawful President. His veto was overridden by an unlawful congress, an unrepresented government, because 12 lawful Constitutional states were removed by force. A government that no longer had any lawful form as proven above, was trying to do business outside of the charter that gave it life.
8. I mentioned the Senator from New Jersey, he had taken his seat in the Senate and was properly voted in by his state, he was then removed by an unlawful U.S. government, only represented by the northern states.
9. The southern states just before the political take over, retook their seats in the House and the Senate, voted and ratified the 13th Amendment, proving they were once again lawful parties to oversee the 1787 Constitution, which also proves they had Republican forms of government, and that these governments were militarily overthrown.
10. By the above facts a 1787 Constitutional government DOES NOT EXIST, NOR CAN IT, the contract and charter were broken and a new form of government installed by military force, different from the approved 1787 government. This de facto government still exists today only by its military powers and martial rule. The action taken by the northern states was a military coup d'etat.
I know you want some historical proof so here it is. If you are man enough to admit that you are wrong, email me with your real name and I will send you all the historical proof you can handle. Don't accuse the Informer or myself in front of others in an assumed name, of not having proof of what we are saying, or I will assume, as will others that you are a government employee, doing damage control, trying to protect your spineless backside. (paycheck)
HISTORICAL FACTS, CAN YOU REBUT THEM OR CHANGE HISTORY?
Furthermore; on April 2, 1866, President Andrew Johnson issued a "Proclamation" that:
"The insurrection which heretofore existed in the States of Georgia, South Carolina, Virginia, North Carolina, Tennessee, Alabama, Louisiana, Arkansas, Mississippi and Florida is at an end, and is henceforth to be so regarded."
Veto Message of President Johnson, March 2, 1867
"It is plain that the authority here given to the military officer amounts to absolute despotism. But to make it still more unendurable, the bill provides that it may be delegated to as many subordinates as he chooses to appoint, for it declares that he shall 'punish or cause to be punished'. Such a power has not been wielded by any Monarch in England for more than five hundred years. In all that time no people who speak the English language have borne such servitude. It reduces the whole population of the ten States- all persons, of every color, sex and condition, and every stranger within their limits- to the most abject and degrading slavery. No master ever had a control so absolute over
the slaves as this bill gives to the military officers over both white and colored persons...." "I come now to a question which is, if possible, still more important. Have we the power to establish and carry into execution a measure like this? I answer, 'Certainly not', if we derive our authority from the Constitution and if we are bound by the limitations which is imposes.".... "The United States are bound to guarantee to each State a republican form of government. Can it be pretended that this obligation is not palpably broken if we carry out a measure like this, which wipes away every vestige of republican government in ten States and puts the life, property, and honor of all people in each of them under domination of a single person clothed with unlimited authority?" "....,here is a bill of attainder against 9,000,000 people at once. It is based upon an accusation so vague as to be scarcely intelligible and found to be true upon no credible evidence. Not one of the 9,000,000 was heard in his own defense. The representatives of the doomed parties were excluded from all
participation in the trial. The conviction is to be followed by the most ignominious punishment ever inflicted on large messes of men. It disfranchises them by hundreds of thousands and degrades
them all, even those who are admitted to be guiltless, from the rank of freeman to the condition of slaves."
Veto Message of President Johnson, March 2, 1867
"As a result of these decisions, enforcement of the Reconstruction Act against the Southern States, helpless to resist military rule without aid of the judiciary, went forward unhampered. Puppet governments were founded in these various States under military auspices. Through these means the adoption of new state constitutions, conforming to the requirements of Congress, was accomplished. Likewise, one by one, these puppet state governments ratified the Fourteenth Amendment, which their more independent predecessors had rejected. Finally, in July 1868, the ratifications of this amendment by the puppet governments of seven of the ten Southern States, including Louisiana, gave more than the required ratification by three- fourths of the States, and resulted in a Joint Resolution adopted by Congress and a Proclamation by the Secretary of State, both declaring the Amendment ratified and in force."
Tulane Law Review, The Dubious Origin Of The Fourteenth Amendment. page 36
"Despite the fact that the southern States had been functioning peacefully for two years and had been counted to secure ratification of the Thirteenth Amendment , Congress passed the Reconstruction Act, which provided for the military occupation of 10 of the 11 southern States. It excluded Tennessee from military occupation and one must suspect it was because Tennessee had ratified the Fourteenth Amendment on July 7, 1866. The Act further disfranchised practically all white voters
and provided that no Senator or Congressman from the occupied States could be seated in Congress until a new Constitution was adopted by each State which would be approved by Congress. The Act further provided that each of the 10 States was required to ratify the proposed Fourteenth Amendment and the Fourteenth Amendment must become a part of the Constitution of the United States before the military occupancy would cease and the States be allowed to have seats in Congress."
Dyett v. Turner 439 p2d 266 @ 269, 20 U2d 403
"The decisions wherein grounds were found for avoiding a ruling on the constitutionality of the Reconstruction Act leave the impression that our highest tribunal failed in these cases to measure up to the standard of the judiciary in a constitutional democracy. If the Reconstruction Act was unconstitutional, the people oppressed by it were entitled to protection by the judiciary against such unconstitutional oppression."
Tulane Law Review, The Dubious Origin Of The Fourteenth Amendment. page 34
"The adversary or the skeptic might assert that, after a lapse of more than eighty years, it is too late to question the constitutionality or validity of the coerced ratifications of the Fourteenth Amendment even on substantial and serious grounds. The ready answer is that there is no statute of limitations that will cure a gross violation of the amendment procedure laid down by Article V of the Constitution." Tulane Law Review, The Dubious Origin Of The Fourteenth Amendment. page 43
The following, is an excerpt from Joint Resolution No.1 of the State of New Jersey of March 24, 1868, when they rescinded their prior ratification and rejected: "It being necessary, by the Constitution, that every amendment to the same, should be proposed by two thirds of both Houses of Congress, the authors of said proposition, for the purpose of securing the assent of the requisite majority, determined to, and did, exclude from the said two Houses eighty representatives form eleven States of the Union, upon the pretence that there were no such States in the Union; but, finding that two-thirds of the remainder of said Houses could not be brought to assent to the said proposition, they deliberately formed and carried out the design of mutilating the integrity of the United States Senate, and without any pretext or justification, other than the possession of power, without the right and in palpable violation of the Constitution, ejected a member of their own body, representing this State, and thus practically denied to New Jersey its equal suffrage in the Senate and thereby nominally secured the vote of two-thirds of the said Houses." "The object of dismembering the highest representative assembly in the Nation, and humiliating a State of the Union, faithful at all times to all of its obligations, and the object of said amendment were one- to place new and unheard of powers in the hands of a faction, that it might absorb to itself all executive, judicial and legislative power, necessary to secure to itself immunity for the unconstitutional acts it had already committed, and those it has since inflicted on a too patient people."
The united states is still a British colony and the 1787 Constitution does not exist. You obviously have not studied our English and American history, because my friend "I" did not write it.
Let's look at some facts, I am not going to deal with the British issue, since you have not excepted a more recent historical fact, the death of the 1787 Constitution.
1. The Constitution is a contract/charter between the states, creating a corporation called the united States government.
2. This contract/charter contains the bylaws of the united States, concerning its powers or lack or power, if any part of a contract between the creating parties is broken it dissolves the contract/charter.
3. The Constitution states clearly enough, that even you could not question its intent; Article IV section 4, The United States shall guarantee to every State in this Union a Republican Form of government.
4. If you had studied history you would know, the state governments of the southern states were booted out and un-elected governments put in their place, so the 14th Amendment would be ratified. The U.S. government not only denied a Republican form of government to the southern states, it removed a Republican form of government from them. From this act alone the 1787 Constitution was dead and a new Constitution forced on the southern states.
5. Article V section 1, and that no state , without its Consent, shall be deprived of its equal Suffrage in the Senate. The Senators of all southern states were kicked out of the Senate, along with the New Jersey Senator.
6. Not only was the Constitution ripped to shreds by the above unlawful acts but this was a political/military take over. All of the southern states were Democrat and the northern states Republican, the action of the northern states destroyed a two party system, and said you will not only vote as we say, you will also change your state constitutions to read as we dictate.
7. If this was not enough to destroy the Constitution, these same renegade northern states passed the Reconstruction Acts. These Acts were declared un-Constitutional by President Johnson, a lawful President. His veto was overridden by an unlawful congress, an unrepresented government, because 12 lawful Constitutional states were removed by force. A government that no longer had any lawful form as proven above, was trying to do business outside of the charter that gave it life.
8. I mentioned the Senator from New Jersey, he had taken his seat in the Senate and was properly voted in by his state, he was then removed by an unlawful U.S. government, only represented by the northern states.
9. The southern states just before the political take over, retook their seats in the House and the Senate, voted and ratified the 13th Amendment, proving they were once again lawful parties to oversee the 1787 Constitution, which also proves they had Republican forms of government, and that these governments were militarily overthrown.
10. By the above facts a 1787 Constitutional government DOES NOT EXIST, NOR CAN IT, the contract and charter were broken and a new form of government installed by military force, different from the approved 1787 government. This de facto government still exists today only by its military powers and martial rule. The action taken by the northern states was a military coup d'etat.
I know you want some historical proof so here it is. If you are man enough to admit that you are wrong, email me with your real name and I will send you all the historical proof you can handle. Don't accuse the Informer or myself in front of others in an assumed name, of not having proof of what we are saying, or I will assume, as will others that you are a government employee, doing damage control, trying to protect your spineless backside. (paycheck)
HISTORICAL FACTS, CAN YOU REBUT THEM OR CHANGE HISTORY?
Furthermore; on April 2, 1866, President Andrew Johnson issued a "Proclamation" that:
"The insurrection which heretofore existed in the States of Georgia, South Carolina, Virginia, North Carolina, Tennessee, Alabama, Louisiana, Arkansas, Mississippi and Florida is at an end, and is henceforth to be so regarded."
Veto Message of President Johnson, March 2, 1867
"It is plain that the authority here given to the military officer amounts to absolute despotism. But to make it still more unendurable, the bill provides that it may be delegated to as many subordinates as he chooses to appoint, for it declares that he shall 'punish or cause to be punished'. Such a power has not been wielded by any Monarch in England for more than five hundred years. In all that time no people who speak the English language have borne such servitude. It reduces the whole population of the ten States- all persons, of every color, sex and condition, and every stranger within their limits- to the most abject and degrading slavery. No master ever had a control so absolute over
the slaves as this bill gives to the military officers over both white and colored persons...." "I come now to a question which is, if possible, still more important. Have we the power to establish and carry into execution a measure like this? I answer, 'Certainly not', if we derive our authority from the Constitution and if we are bound by the limitations which is imposes.".... "The United States are bound to guarantee to each State a republican form of government. Can it be pretended that this obligation is not palpably broken if we carry out a measure like this, which wipes away every vestige of republican government in ten States and puts the life, property, and honor of all people in each of them under domination of a single person clothed with unlimited authority?" "....,here is a bill of attainder against 9,000,000 people at once. It is based upon an accusation so vague as to be scarcely intelligible and found to be true upon no credible evidence. Not one of the 9,000,000 was heard in his own defense. The representatives of the doomed parties were excluded from all
participation in the trial. The conviction is to be followed by the most ignominious punishment ever inflicted on large messes of men. It disfranchises them by hundreds of thousands and degrades
them all, even those who are admitted to be guiltless, from the rank of freeman to the condition of slaves."
Veto Message of President Johnson, March 2, 1867
"As a result of these decisions, enforcement of the Reconstruction Act against the Southern States, helpless to resist military rule without aid of the judiciary, went forward unhampered. Puppet governments were founded in these various States under military auspices. Through these means the adoption of new state constitutions, conforming to the requirements of Congress, was accomplished. Likewise, one by one, these puppet state governments ratified the Fourteenth Amendment, which their more independent predecessors had rejected. Finally, in July 1868, the ratifications of this amendment by the puppet governments of seven of the ten Southern States, including Louisiana, gave more than the required ratification by three- fourths of the States, and resulted in a Joint Resolution adopted by Congress and a Proclamation by the Secretary of State, both declaring the Amendment ratified and in force."
Tulane Law Review, The Dubious Origin Of The Fourteenth Amendment. page 36
"Despite the fact that the southern States had been functioning peacefully for two years and had been counted to secure ratification of the Thirteenth Amendment , Congress passed the Reconstruction Act, which provided for the military occupation of 10 of the 11 southern States. It excluded Tennessee from military occupation and one must suspect it was because Tennessee had ratified the Fourteenth Amendment on July 7, 1866. The Act further disfranchised practically all white voters
and provided that no Senator or Congressman from the occupied States could be seated in Congress until a new Constitution was adopted by each State which would be approved by Congress. The Act further provided that each of the 10 States was required to ratify the proposed Fourteenth Amendment and the Fourteenth Amendment must become a part of the Constitution of the United States before the military occupancy would cease and the States be allowed to have seats in Congress."
Dyett v. Turner 439 p2d 266 @ 269, 20 U2d 403
"The decisions wherein grounds were found for avoiding a ruling on the constitutionality of the Reconstruction Act leave the impression that our highest tribunal failed in these cases to measure up to the standard of the judiciary in a constitutional democracy. If the Reconstruction Act was unconstitutional, the people oppressed by it were entitled to protection by the judiciary against such unconstitutional oppression."
Tulane Law Review, The Dubious Origin Of The Fourteenth Amendment. page 34
"The adversary or the skeptic might assert that, after a lapse of more than eighty years, it is too late to question the constitutionality or validity of the coerced ratifications of the Fourteenth Amendment even on substantial and serious grounds. The ready answer is that there is no statute of limitations that will cure a gross violation of the amendment procedure laid down by Article V of the Constitution." Tulane Law Review, The Dubious Origin Of The Fourteenth Amendment. page 43
The following, is an excerpt from Joint Resolution No.1 of the State of New Jersey of March 24, 1868, when they rescinded their prior ratification and rejected: "It being necessary, by the Constitution, that every amendment to the same, should be proposed by two thirds of both Houses of Congress, the authors of said proposition, for the purpose of securing the assent of the requisite majority, determined to, and did, exclude from the said two Houses eighty representatives form eleven States of the Union, upon the pretence that there were no such States in the Union; but, finding that two-thirds of the remainder of said Houses could not be brought to assent to the said proposition, they deliberately formed and carried out the design of mutilating the integrity of the United States Senate, and without any pretext or justification, other than the possession of power, without the right and in palpable violation of the Constitution, ejected a member of their own body, representing this State, and thus practically denied to New Jersey its equal suffrage in the Senate and thereby nominally secured the vote of two-thirds of the said Houses." "The object of dismembering the highest representative assembly in the Nation, and humiliating a State of the Union, faithful at all times to all of its obligations, and the object of said amendment were one- to place new and unheard of powers in the hands of a faction, that it might absorb to itself all executive, judicial and legislative power, necessary to secure to itself immunity for the unconstitutional acts it had already committed, and those it has since inflicted on a too patient people."
"The subsequent usurpation of these once national assemblies, in passing pretended laws for the establishment, in ten States, of martial law, which is nothing but the will of the military commander, and therefore inconsistent with the very nature of all law, for the purpose reducing to slavery men of
their own race to those States, or compelling them, contrary to their own convictions, to exercise the elective franchise in obedience to dictation of a fraction in those assemblies; the attempt to commit to one man arbitrary and uncontrolled power, which they have found necessary to exercise to force the people of those States into compliance with their will; the authority given to the Secretary of War to use the name of the President, to countermand its President's order, and to certify military orders to be by the direction of the President' when they are notoriously known to be contrary to the President's direction, thus keeping up the forms of the Constitution to which the people are accustomed, but practically deposing the President from his office of Commander-in-Chief, and suppressing one of the great departments of the Government, that of the executive; the attempt to withdraw from the supreme judicial tribunal of the Nation the jurisdiction to examine and decide upon the conformity of their pretended laws to the Constitution, which was the Chief function of that August tribunal, as organized by the fathers of the republic: all are but amplified explanations of the power they hope to acquire by the adoption of the said amendment."
"To conceal from the people the immense alteration of the fundamental law they intended to accomplish by the said amendment, they gilded the same with propositions of justice..." "It imposes new prohibitions upon the power of the State to pass laws, and interdicts the execution of such part of the common law as the national judiciary may esteem inconsistent with the vague provisions of the said amendment; made vague for the purpose of facilitating encroachment upon the lives, liberties
and property of the people."
"It
enlarges the judicial power of the United States so as to bring every
law passed by the State, and every principle of the common law
relating to life, liberty, or property, within the jurisdiction of
the Federal tribunals, and charges those tribunals with duties, to
the due performance of which they, from their nature and
organization, and their distance from the people, are unequal."
"It makes a new apportionment of representatives in the National courts, for no other reason than thereby to secure to a faction a sufficient number of votes of a servile and ignorant race to outweigh the intelligent voices of their own."
"This
Legislature, feeling conscious of the support of the largest majority
of the people that has ever been given expression to the public will,
declare that the said proposed amendment being designed to confer, or
to compel the States to confer, the sovereign right of elective
franchise upon a race which has never given the slightest evidence,
at any time, or in any quarter of the globe, of its capacity of
self-government, and erect an impracticable standard of suffrage,
which will render the right valueless to any portion of the people
was intended to overthrow the system of self-government under which
the people of the United States have for eighty years enjoyed their
liberties, and is unfit, from its origin, its object and its matter,
to be incorporated with the fundamental law of a free people."
(The 14th Amendment to the Constitution of the United States and the threat that it poses to our democratic government, Pinckney G. McElwee, South Carolina Law Quarterly 1959)
Hello Rob,
I am going to answer your questions, but first I must lay a few things out. I have been out of this system, as much as one can since 1992. I have caused myself a great deal of problems, thinking I was doing the Lords will, based on certain scriptures. Such as, you cannot serve two masters, you love one and hate the other, paraphrase, and come out of Babylon, lest you suffer her plagues, paraphrase, just to name a few.
Lets first look at why I and others have felt compelled to come out of this system. I and others have discovered fraud and deception in our government. Not to mention oppression and great harm to many in this country, via. the IRS and the other alphabet agencies. The greatest problem that I have found is that, not only is the above true, but our history has been covered up, modified by unnamed individuals, to change the course of our government. This goes back to the founding of our country. I am talking about the Charters creating the commercial enterprise we now call the United States. I can prove that we were allowed and encouraged to believe we were free, and that the Declaration of Independence and the Revolutionary War were overturned by the Peace Treaty of 1783, Jay Treaty of 1795 and the Treaty of Ghent 1814.
I can prove our fore fathers for the most part were mainly concerned with their holdings in England, and their fortunes that were tied to England, through trading in their businesses. Because of this they conceded to the wishes of the king and allowed him to retain control of his Colonies, but do it in a way that the Colonist would not be aware of. The United States Constitution was just a continuation of the earlier Charters, a continuation of the king's corporate enterprise.
The states granted certain powers in the 1787 Constitution to the United States government (corporation) it created, and no more. Yet, I can prove as early as 1791 Congress violated the corporate Charter and gave unconstitutional powers to the President, whereby President Washington created District states, by "dividing the states", his words. Since that time Congress has continued to ceded Congressional powers to the President completing the office of king. Congress is now going to give the President fast track authority to enter treaties, without prior Senate approval.
The biggest fraud and unconstitutional act to take place was during and after the Civil War. Namely the death of the 1787 Constitution, via Congress going out of session, Sine Die in 1861 and the passage of the Fourteenth Amendment. Congress then installed an unconstitutional de facto government, under the disguise of the 1787 Constitution, which forbid their actions. The re declaration of War against the South, after the Civil War was over, and after they were granted a full pardon by President Johnson, was against the 1787 Constitution and American jurisprudence. Since that time we have had a military government, not a Constitutional government. As soon as Congress
went Sine Die as a result of the Southern states removing their representatives from Congress, the United States government had to operate in its military capacity. President Lincoln had to act as Commander-in-Chief, it was the only position left, he could not act as President, all states were not represented in Congress, so the corporation was dissolved. After the Civil War and pardon, the Southern states retook their seats in Congress. The northern states decided they would rather remain a de facto government, because they had more power that way, so they kicked the southern states out of Congress again and demanded the new United States Constitution be ratified by the southern states, before they could be re admitted again for a second time.
The Fourteenth Amendment was not properly ratified, and this is very easy to prove. The Republican governments of the south were kicked out of office by the military district commanders, and puppet governments put in place to pass the Amendment. This is a matter of history, but hardly anyone is aware of it. The fraud has been kept from Americans, by selected history being taught to
Americans in the public school system, colored to meet the purpose of the military government and those they work for.
If that weren't enough, in 1933 all Americans were made enemies of the Bankers, to force us to pay their fraudulent debts, which they created. This brings us to the SS# problem you were asking about. This number has one purpose, to number and identify those responsible for the debt owed to the Bankers, making us chattel property, natural resources, or to be blunt, financial slaves. Even with all this, until recently I had not changed my opinion about coming out of this monetary system.
(The 14th Amendment to the Constitution of the United States and the threat that it poses to our democratic government, Pinckney G. McElwee, South Carolina Law Quarterly 1959)
Hello Rob,
I am going to answer your questions, but first I must lay a few things out. I have been out of this system, as much as one can since 1992. I have caused myself a great deal of problems, thinking I was doing the Lords will, based on certain scriptures. Such as, you cannot serve two masters, you love one and hate the other, paraphrase, and come out of Babylon, lest you suffer her plagues, paraphrase, just to name a few.
Lets first look at why I and others have felt compelled to come out of this system. I and others have discovered fraud and deception in our government. Not to mention oppression and great harm to many in this country, via. the IRS and the other alphabet agencies. The greatest problem that I have found is that, not only is the above true, but our history has been covered up, modified by unnamed individuals, to change the course of our government. This goes back to the founding of our country. I am talking about the Charters creating the commercial enterprise we now call the United States. I can prove that we were allowed and encouraged to believe we were free, and that the Declaration of Independence and the Revolutionary War were overturned by the Peace Treaty of 1783, Jay Treaty of 1795 and the Treaty of Ghent 1814.
I can prove our fore fathers for the most part were mainly concerned with their holdings in England, and their fortunes that were tied to England, through trading in their businesses. Because of this they conceded to the wishes of the king and allowed him to retain control of his Colonies, but do it in a way that the Colonist would not be aware of. The United States Constitution was just a continuation of the earlier Charters, a continuation of the king's corporate enterprise.
The states granted certain powers in the 1787 Constitution to the United States government (corporation) it created, and no more. Yet, I can prove as early as 1791 Congress violated the corporate Charter and gave unconstitutional powers to the President, whereby President Washington created District states, by "dividing the states", his words. Since that time Congress has continued to ceded Congressional powers to the President completing the office of king. Congress is now going to give the President fast track authority to enter treaties, without prior Senate approval.
The biggest fraud and unconstitutional act to take place was during and after the Civil War. Namely the death of the 1787 Constitution, via Congress going out of session, Sine Die in 1861 and the passage of the Fourteenth Amendment. Congress then installed an unconstitutional de facto government, under the disguise of the 1787 Constitution, which forbid their actions. The re declaration of War against the South, after the Civil War was over, and after they were granted a full pardon by President Johnson, was against the 1787 Constitution and American jurisprudence. Since that time we have had a military government, not a Constitutional government. As soon as Congress
went Sine Die as a result of the Southern states removing their representatives from Congress, the United States government had to operate in its military capacity. President Lincoln had to act as Commander-in-Chief, it was the only position left, he could not act as President, all states were not represented in Congress, so the corporation was dissolved. After the Civil War and pardon, the Southern states retook their seats in Congress. The northern states decided they would rather remain a de facto government, because they had more power that way, so they kicked the southern states out of Congress again and demanded the new United States Constitution be ratified by the southern states, before they could be re admitted again for a second time.
The Fourteenth Amendment was not properly ratified, and this is very easy to prove. The Republican governments of the south were kicked out of office by the military district commanders, and puppet governments put in place to pass the Amendment. This is a matter of history, but hardly anyone is aware of it. The fraud has been kept from Americans, by selected history being taught to
Americans in the public school system, colored to meet the purpose of the military government and those they work for.
If that weren't enough, in 1933 all Americans were made enemies of the Bankers, to force us to pay their fraudulent debts, which they created. This brings us to the SS# problem you were asking about. This number has one purpose, to number and identify those responsible for the debt owed to the Bankers, making us chattel property, natural resources, or to be blunt, financial slaves. Even with all this, until recently I had not changed my opinion about coming out of this monetary system.
However,
because of the nature of our government and its laws, this is not
possible. The use of FRN'S is just as binding in maritime contract
law, see Law of the Flag, in Bouvier's Law Dictionary. The physical
presence of your body in this country, brings you under their
military jurisdiction. Remember under the rules of Conquest and
military rule, see the same dictionary, you have only the rights
granted by the Commander-in-Chief. So to give up a job you have had
for 20 years, and violate your oath to your family, to provide for
their needs would be wrong and foolish. Why? Because you would not
change anything by declaring you do not have a SS# and losing your
job.
But even with this knowledge I was willing to endure all, if it was the will of God Almighty, that I stay out of this system. After a great deal of prayer and soul searching, the Lord showed me a verse that I had already been aware of years earlier. I had written a paper on the subject of Israel asking for another King, other than God Almighty, 1 Samuel 8.
Last year I was given a speeding ticket and was ready to go to jail if necessary. I believed God Almighty would be there with me to fight my battles, against my enemies, according to Psalms 91 and other verses. I asked the Lord to show me if it was His will for me to fight the system on THIS issue. The Lord brought to mind the verse out of Samuel 8, in that day when you cry out for me, I WILL NOT HEAR YOU. The truth of this blew me away, I was forced to reevaluate positions I have had for many years. God Almighty said, because we rejected Him as King, in that day when
the earthly king oppress us He will not help us. If you fight the worldly king, you fight alone, this is suicide and utter futility, which is not the will of God.
We were never free from the yoke of subjection, in regards to the king and queen of England. This brings me to another verse of God's Word that I based my separation on. If you are subject to a king remain there until the chance of freedom comes, paraphrase. Because I was taught we were freed from the king of England in 1776, I did not feel any obligation to a tyrannical government. However, what God Almighty said in 1 Samuel 8, is controlling so to speak. This is foundation for understanding all scripture on the subject of government, in relation to God Almighty's children in their relationship to civil government. God's Word makes it clear that the destruction of Babylon (this
system) comes by His hand, not by ours, and not because of our being abused.
So the long and short of it is, we do not have a Constitutional government in which we could separate ourselves from. Because of Conquest and military rule and our later being declared enemies of the government and the Bankers, we are under force of arms. In this condition you will do as you are told or else, I will leave the or else up to your imagination. So to write a letter to the Social Security Administration and declare you no longer have a SS#, means nothing. The only way to retake our Country would be to re-educate our youth, and get them in as many government jobs as possible. At the same time educate as many of the mainstream public as you can. This would be the only way to change anything. It took years to get into this situation, it will take years to get out of it, left to our own doing, without intervention by God Almighty. A small group of people with this knowledge will be denied access to critical government positions, and labeled extremists. The facts are what they are, in the system, or out of the system, the facts of our internment remain the same. I suggest you stay where you are and learn what you can, then teach this information to anyone that will listen, pray and fast for direction.
But even with this knowledge I was willing to endure all, if it was the will of God Almighty, that I stay out of this system. After a great deal of prayer and soul searching, the Lord showed me a verse that I had already been aware of years earlier. I had written a paper on the subject of Israel asking for another King, other than God Almighty, 1 Samuel 8.
Last year I was given a speeding ticket and was ready to go to jail if necessary. I believed God Almighty would be there with me to fight my battles, against my enemies, according to Psalms 91 and other verses. I asked the Lord to show me if it was His will for me to fight the system on THIS issue. The Lord brought to mind the verse out of Samuel 8, in that day when you cry out for me, I WILL NOT HEAR YOU. The truth of this blew me away, I was forced to reevaluate positions I have had for many years. God Almighty said, because we rejected Him as King, in that day when
the earthly king oppress us He will not help us. If you fight the worldly king, you fight alone, this is suicide and utter futility, which is not the will of God.
We were never free from the yoke of subjection, in regards to the king and queen of England. This brings me to another verse of God's Word that I based my separation on. If you are subject to a king remain there until the chance of freedom comes, paraphrase. Because I was taught we were freed from the king of England in 1776, I did not feel any obligation to a tyrannical government. However, what God Almighty said in 1 Samuel 8, is controlling so to speak. This is foundation for understanding all scripture on the subject of government, in relation to God Almighty's children in their relationship to civil government. God's Word makes it clear that the destruction of Babylon (this
system) comes by His hand, not by ours, and not because of our being abused.
So the long and short of it is, we do not have a Constitutional government in which we could separate ourselves from. Because of Conquest and military rule and our later being declared enemies of the government and the Bankers, we are under force of arms. In this condition you will do as you are told or else, I will leave the or else up to your imagination. So to write a letter to the Social Security Administration and declare you no longer have a SS#, means nothing. The only way to retake our Country would be to re-educate our youth, and get them in as many government jobs as possible. At the same time educate as many of the mainstream public as you can. This would be the only way to change anything. It took years to get into this situation, it will take years to get out of it, left to our own doing, without intervention by God Almighty. A small group of people with this knowledge will be denied access to critical government positions, and labeled extremists. The facts are what they are, in the system, or out of the system, the facts of our internment remain the same. I suggest you stay where you are and learn what you can, then teach this information to anyone that will listen, pray and fast for direction.
James
5 comments:
allodial title still exists, and is enforced in states of the union today. Allodial title is not enforced in the "America" though whatever you choose to call that, since "America" is now nothing more than world government.
Like so many people have told you, do you folks refuse to believe this isn't a joke? That all the thousands of dead or imprisoned government agents, even the ones who did the training exercises aren't real...
Or that the many hundreds and dozens of citizens who died slaying them all, aren't real either or maybe the politicians they hung. You think those people just don't exist, right. Elections will not work for any of you nor save anybody. Americans were never first creditors for anything from Britain, that part is a lie that will easily seduce plenty to take a mark.
None of them agencies even including the FBI ever worked for you since they're owned by the crown.....They won't do much of anything except turn on each-other as the politicians go down. The so called militias were punished not for being outlaws, but for eating the poisonous fruit of the legal name. Your entire government is all a hundred percent fictional!!
Keep in mind what it says in your own religious text books. There will be no governments at all since all will be dissolved during Judgment day, do you really believe that would leave anything out? All of the liars will be revealed and those who make it through will know they are not u.s. subjects.
Ok Thank you for wisdom. Whew!!!
I think this is the longest post I ever put up..
so the only remedy you think is God's will?
The only remedy, is your will.
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