AMERICA'S SUBJECTION TO BRITAIN, IN A NUTSHELL
The below Compilation of facts were taken from my research papers and excerpts of my email
responses to others. I am trying to cut down on the size of the information and my
commentary, to let the facts speak for themselves. I am using old email since the facts
remain the same, along with questions possessed to me.
To help in researching the below facts I have broken them into differnt topics. You can do
a text search of the following topics, or do a word search, using your word processor.
1. WHEN CONTRACTS OVERRULE DECLARED RIGHTS.
2. ARE OUR PERCEPTIONS CORRECT OF OUR HISTORY AND FORE FATHERS?
3. FACTS OF THE KINGS MIND SET CONCERNING HIS CHARTERS.
4. WHERE THE PRESENT DAY TAXES COME FROM.
5. THE FEDERAL RESERVE SISTER OF THE EXCHEQUER.
6. THE KING RULES BY VAGUE STATUTES.
7. LAW OF MORTMAIN.
8. THE 1787 CONSTITUTION WAS ABROGATED BY THE 14TH AMENDMENT.
1. WHEN CONTRACTS OVERRULE DECLARED RIGHTS.
"The reason I guess no one has looked at the issue of the U.S. still being subject to
Britain except for the Informer and myself up until now, can only be, as a rule no one
looks beyond what is a settled fact/belief or foregone conclusion. In other words
Independence from Britain was as settled in the minds of Americans as God Almighty sitting
on the throne and His Son seated at His Right Hand." (quote from my email response)
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,...."
"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
The following quote is from section 25 of the 1776 North Carolina Constitution,
Declaration of Rights. Remember this when you read the 1689 Declaration of Rights, third
section,
(contained in this paper).
"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."
"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?"
MARSHALL v. LOVELESS, 1 N.C. 412 (1801), 2 S.A. 70
"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
"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.)
"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 Charles I 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 Charles I 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."
(The U.S. Is Still A British Colony, part III)
Endnote #1
Britannia: Sources of British History (1213)
KING JOHN's Concession of England and Ireland to the Pope
In the matter of the election and installation of Stephen Langton as Archbishop of
Canterbury, King John, in the words of Pope Innocent III, had by "impious
persecution", tried to "enslave" the entire English Church. As a result,
the pope laid on England an interdict (1208-14), a sort of religious "strike",
wherein no religious service be performed for anyone, guilty or innocent. When this didn't
work, the king, himself, was excommunicated. Caving-in under that pressure, John wrote a
letter of concession to the pope, hoping to have the interdict and the excommunication
lifted (1213). John's concession which, in effect, made England a fiefdom of Rome, worked
like a charm. The satisfied pope lifted lifted the yoke he had hung on the people of
England and their king.
John, by the grace of God, king of England, lord of Ireland, duke of Normandy and
Aquitaine, count of Anjou, to all the faithful of Christ who shall look upon this present
charter, greeting.
We wish it to be known to all of you, through this our charter, furnished with our seal,
that inasmuch as we had offended in many ways God and our mother the holy church, and in
consequence are known to have very much needed the divine mercy, and can not offer
anything worthy for making due satisfaction to God and to the church unless we humiliate
ourselves and our kingdoms: we, wishing to humiliate ourselves for Him who humiliated
Himself for us unto death, the grace of the Holy Spirit inspiring, not induced by force or
compelled by fear, but of our own good and spontaneous will and by the common counsel of
our barons, do offer and freely concede to God and His holy apostles Peter and Paul and to
our mother the holy Roman church, and to our lord pope Innocent and to his Catholic
successors, the whole kingdom of England and the whole kingdom Ireland, with all their
rights and appurtenances, for the remission of our own sins and of those of our whole race
as well for the living as for the dead; and now receiving and holding them, as it were a
vassal, from God and the Roman church, in the presence of that prudent man Pandulph,
subdeacon and of the household of the lord pope, we perform and swear fealty for them to
him our aforesaid lord pope Innocent, and his catholic successors and the Roman church,
according to the form appended; and in the presence of the lord pope, if we shall be able
to come before him, we shall do liege homage to him; binding our successors aid our heirs
by our wife forever, in similar manner to perform fealty and show homage to him who shall
be chief pontiff at that time, and to the Roman church without demur. As a sign, moreover,
of this our own, we will and establish perpetual obligation and concession we will
establish that from the proper and especial revenues of our aforesaid kingdoms, for all
the service and customs which we ought to render for them, saving in all things the penny
of St. Peter, the Roman church shall receive yearly a thousand marks sterling, namely at
the feast of St. Michael five hundred marks, and at Easter five hundred marks, seven
hundred, namely, for the kingdom of England, and three hundred for the kingdom of Ireland,
saving to us and to our heirs our rights, liberties and regalia; all of which things, as
they have been described above, we wish to have perpetually valid and firm; and we bind
ourselves and our successors not to act counter to them. And if we or any one of our
successors shall presume to attempt this, whoever he be, unless being duly warned he come
to his kingdom, and this senses, be shall lose his right to the kingdom, and this charter
of our obligation and concession shall always remain firm.
Endnote #2
Britannia: Sources of British History
BILL of RIGHTS, 1689
An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of
the Crown
Whereas the Lords Spiritual and Temporal and Commons assembled at Westminster, lawfully,
fully and freely representing all the estates of the people of this realm, did upon the
thirteenth day of February in the year of our Lord one thousand six hundred eighty-eight
[old style date] present unto their Majesties, then called and known by the names and
style of William and Mary, prince and princess of Orange, being present in their proper
persons, a certain declaration in writing made by the said Lords and Commons in the words
following,
Whereas the late King James the Second, by the assistance of divers evil
counsellors, judges and ministers employed by him, did endeavour to subvert and extirpate
the Protestant religion and the laws and liberties of this kingdom;
By assuming and exercising a power of dispensing with and suspending of laws and the
execution of laws without consent of Parliament;
By committing and prosecuting divers worthy prelates for humbly petitioning to be excused
from concurring to the said assumed power;
By issuing and causing to be executed a commission under the great seal for erecting a
court called the Court of Commissioners for Ecclesiastical Causes;
By levying money for and to the use of the Crown by pretence of prerogative for other time
and in other manner than the same was granted by Parliament;
By raising and keeping a standing army within this kingdom in time of peace without
consent of Parliament, and quartering soldiers contrary to law;
By causing several good subjects being Protestants to be disarmed at the same time when
papists were both armed and employed contrary to law;
By violating the freedom of election of members to serve in Parliament;
By prosecutions in the Court of King's Bench for matters and causes cognizable only in
Parliament, and by divers other arbitrary and illegal courses;
And whereas of late years partial corrupt and unqualified persons have been returned and
served on juries in trials, and particularly divers jurors in trials for high treason
which were not freeholders;
And excessive bail hath been required of persons committed in criminal cases to elude the
benefit of the laws made for the liberty of the subjects;
And excessive fines have been imposed; And illegal and cruel punishments inflicted; And
several grants and promises made of fines and forfeitures before any conviction or
judgment against the persons upon whom the same were to be levied;
All which are utterly and directly contrary to the known laws and statutes and freedom of
this realm;
And whereas the said late King James the Second having abdicated the government and the
throne being thereby vacant, his Highness the prince of Orange (whom it hath pleased
Almighty God to make the glorious instrument of delivering this kingdom from popery and
arbitrary power) did (by the advice of the Lords Spiritual and Temporal and divers
principal persons of the Commons) cause letters to be written to the Lords Spiritual and
Temporal being Protestants, and other letters to the several counties, cities,
universities, boroughs and cinque ports, for the choosing of such persons to represent
them as were of right to be sent to Parliament, to meet and sit at Westminster upon the
two and twentieth day of January in this year one thousand six hundred eighty and eight,
in order to such an establishment as that their religion, laws and liberties might not
again be in danger of being subverted, upon which letters elections having been
accordingly made;
And thereupon the said Lords Spiritual and Temporal and Commons, pursuant to their
respective letters and elections, being now assembled in a full and free representative of
this nation, taking into their most serious consideration the best means for attaining the
ends aforesaid, do in the first place (as their ancestors in like case have usually done)
for the vindicating and asserting their ancient rights and liberties declare:
That the pretended power of suspending the laws or the execution of laws by regal
authority without consent of Parliament is illegal;
That the pretended power of dispensing with laws or the execution of laws by regal
authority, as it hath been assumed and exercised of late, is illegal;
That the commission for erecting the late Court of Commissioners for Ecclesiastical
Causes, and all other commissions and courts of like nature, are illegal and pernicious;
That levying money for or to the use of the Crown by pretence of prerogative, without
grant of Parliament, for longer time, or in other manner than the same is or shall be
granted, is illegal;
That it is the right of the subjects to petition the king, and all commitments and
prosecutions for such petitioning are illegal;
That the raising or keeping a standing army within the kingdom in time of peace, unless it
be with consent of Parliament, is against law;
That the subjects which are Protestants may have arms for their defence suitable to their
conditions and as allowed by law;
That election of members of Parliament ought to be free;
That the freedom of speech and debates or proceedings in Parliament ought not to be
impeached or questioned in any court or place out of Parliament;
That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and
unusual punishments inflicted;
That jurors ought to be duly impanelled and returned, and jurors which pass upon men in
trials for high treason ought to be freeholders;
That all grants and promises of fines and forfeitures of particular persons before
conviction are illegal and void;
And that for redress of all grievances, and for the amending, strengthening and preserving
of the laws, Parliaments ought to be held frequently.
And they do claim, demand and insist upon all and singular the premises as their undoubted
rights and liberties, and that no declarations, judgments, doings or proceedings to the
prejudice of the people in any of the said premises ought in any wise to be drawn
hereafter into consequence or example; to which demand of their rights they are
particularly encouraged by the declaration of his Highness the prince of Orange as being
the only means for obtaining a full redress and remedy therein.
Having therefore an entire confidence that his said Highness the prince of Orange will
perfect the deliverance so far advanced by him, and will still preserve them from the
violation of their rights which they have here asserted, and from all other attempts upon
their religion, rights and liberties, the said Lords Spiritual and Temporal and Commons
assembled at Westminster do resolve that William and Mary, prince and princess of Orange,
be and be declared king and queen of England, France and Ireland and the dominions
thereunto belonging, to hold the crown and royal dignity of the said kingdoms and
dominions to them, the said prince and princess, during their lives and the life of the
survivor to them, and that the sole and full exercise of the regal power be only in and
executed by the said prince of Orange in the names of the said prince and princess during
their joint lives, and after their deceases the said crown and royal dignity of the same
kingdoms and dominions to be to the heirs of the body of the said princess, and for
default of such issue to the Princess Anne of Denmark and the heirs of her body, and for
default of such issue to the heirs of the body of the said prince of Orange. And the Lords
Spiritual and Temporal and Commons do pray the said prince and princess to accept the same
accordingly.
And that the oaths hereafter mentioned be taken by all persons of whom the oaths have
allegiance and supremacy might be required by law, instead of them; and that the said
oaths of allegiance and supremacy be abrogated.
I, A.B., do sincerely promise and swear that I will be faithful and bear true allegiance
to their Majesties King William and Queen Mary. So help me God.
I, A.B., do swear that I do from my heart abhor, detest and abjure as impious and
heretical this damnable doctrine and position, that princes excommunicated or deprived by
the Pope or any authority of the see of Rome may be deposed or murdered by their subjects
or any other whatsoever. And I do declare that no foreign prince, person, prelate, state
or potentate hath or ought to have any jurisdiction, power, superiority, pre-eminence or
authority, ecclesiastical or spiritual, within this realm. So help me God.
Upon which their said Majesties did accept the crown and royal dignity of the kingdoms of
England, France and Ireland, and the dominions thereunto belonging, according to the
resolution and desire of the said Lords and Commons contained in the said declaration. And
thereupon their Majesties were pleased that the said Lords Spiritual and Temporal and
Commons, being the two Houses of Parliament, should continue to sit, and with their
Majesties' royal concurrence make effectual provision for the settlement of the religion,
laws and liberties of this kingdom, so that the same for the future might not be in danger
again of being subverted, to which the said Lords Spiritual and Temporal and Commons did
agree, and proceed to act accordingly.
Now in pursuance of the premises the said Lords Spiritual and Temporal and Commons in
Parliament assembled, for the ratifying, confirming and establishing the said declaration
and the articles, clauses, matters and things therein contained by the force of law made
in due form by authority of Parliament, do pray that it may be declared and enacted that
all and singular the rights and liberties asserted and claimed in the said declaration are
the true, ancient and indubitable rights and liberties of the people of this kingdom, and
so shall be esteemed, allowed, adjudged, deemed and taken to be; and that all and every
the particulars aforesaid shall be firmly and strictly holden and observed as they are
expressed in the said declaration, and all officers and ministers whatsoever shall serve
their Majesties and their successors according to the same in all time to come.
And the said Lords Spiritual and Temporal and Commons, seriously considering how it
hath pleased Almighty God in his marvellous providence and merciful goodness to this
nation to provide and preserve their said Majesties' royal persons most happily to reign
over us upon the throne of their ancestors, for which they render unto him from the bottom
of their hearts their humblest thanks and praises, do truly, firmly, assuredly and in the
sincerity of their hearts think, and do hereby recognize, acknowledge and declare, that
King James the Second having abdicated the government, and their Majesties having accepted
the crown and royal dignity as aforesaid, their said Majesties did become, were, are and
of right ought to be by the laws of this realm our sovereign liege lord and lady, king and
queen of England, France and Ireland and the dominions thereunto belonging, in and to
whose princely persons the royal state, crown and dignity of the said realms with all
honours, styles, titles, regalities, prerogatives, powers, jurisdictions and authorities
to the same belonging and appertaining are most fully, rightfully and entirely invested
and incorporated, united and annexed.
And for preventing all questions and divisions in this realm by reason of any pretended
titles to the crown, and for preserving a certainty in the succession thereof, in and upon
which the unity, peace, tranquility and safety of this nation doth under God wholly
consist and depend, the said Lords Spiritual and Temporal and Commons do beseech their
Majesties that it may be enacted, established and declared, that the crown and regal
government of the said kingdoms and dominions, with all and singular the premises
thereunto belonging and appertaining, shall be and continue to their said Majesties and
the survivor of them during their lives and the life of the survivor of them, and that the
entire, perfect and full exercise of the regal power and government be only in and
executed by his Majesty in the names of both their Majesties during their joint lives; and
after their deceases the said crown and premises shall be and remain to the heirs of the
body of her Majesty, and for default of such issue to her Royal Highness the Princess Anne
of Denmark and the heirs of the body of his said Majesty; and thereunto the said Lords
Spiritual and Temporal and Commons do in the name of all the people aforesaid most humbly
and faithfully submit themselves, their heirs and posterities for ever, and do faithfully
promise that they will stand to, maintain and defend their said majesties, and also the
limitation and succession of the crown herein specified and contained, to the utmost of
their powers with their lives and estates against all persons whatsoever that shall
attempt anything to the contrary.
And whereas it hath been found by experience that it is inconsistent with the safety and
welfare of this Protestant kingdom to be governed by a popish prince, or by any king or
queen marrying a papist, the said Lords Spiritual and Temporal and Commons do further pray
that it may be enacted, that all and every person and persons that is, are or shall be
reconciled to or shall hold communion with the see or Church of Rome, or shall profess the
popish religion, or shall marry a papist, shall be excluded and be for ever incapable to
inherit, possess or enjoy the crown and government of this realm and Ireland and the
dominions thereunto belonging or any part of the same, or to have, use or exercise any
regal power, authority or jurisdiction within the same; and in all and every such case or
cases the people of these realms shall be and are hereby absolved of their allegiance; and
the said crown and government shall from time to time descend to and be enjoyed by such
person or persons being Protestants as should have inherited and enjoyed the same in case
the said person or persons so reconciled, holding communion or professing or marrying as
aforesaid were naturally dead; and that every king and queen of this realm who at any time
hereafter shall come to and succeed in the imperial crown of this kingdom shall on the
first day of the meeting of the first Parliament next after his or her coming to the
crown, sitting in his or her throne in the House of Peers in the presence of the Lords and
Commons therein assembled, or at his or her coronation before such person or persons who
shall administer the coronation oath to him or her at the time of his or her taking the
said oath (which shall first happen), make, subscribe and audibly repeat the declaration
mentioned in the statute made in the thirtieth year of the reign of King Charles the
Second entitled, "An Act for the more effectual preserving the king's person and
government by disabling papists from sitting in either House of Parliament."
But if it shall happen that such king or queen upon his or her succession to the crown of
this realm shall be under the age of twelve years, then every such king or queen shall
make, subscribe and audibly repeat the same declaration at his or her coronation or the
first day of the meeting of the first Parliament as aforesaid which shall first happen
after such king or queen shall have attained the said age of twelve years. All which their
Majesties are contented and pleased shall be declared, enacted and established by
authority of this present Parliament, and shall stand, remain and be the law of this realm
for ever; and the same are by their said Majesties, by and with the advice and consent of
the Lords Spiritual and Temporal and Commons in Parliament assembled and by the authority
of the same, declared, enacted and established accordingly.
II. And be it further declared and enacted by the authority aforesaid, that from and after
this present session of Parliament no dispensation by "non obstante" of or to
any statute or any part thereof shall be allowed, but that the same shall be held void and
of no effect, except a dispensation be allowed of in such statute, and except in such
cases as shall be specially provided for by one or more bill or bills to be passed during
this present session of Parliament.
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.
2. ARE OUR PERCEPTIONS CORRECT OF OUR HISTORY AND FORE FATHERS?
"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.
"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.
"Mr. Chairman ... I rose yesterday to ask a question, which arose in my own mind.
When I asked the question. I thought the meaning of my interrogation was obvious: The fate
of this question and America may depend on this: Have they said, we the States? Have they
made a proposal of a compact between States? If they had, this would be a confederation:
It is otherwise most clearly a consolidated government. The question turns. Sir, on that
poor little thing--the expression, We the people, instead of the States of America. I need
not take much pains to show, that the principles of this system, are extremely pernicious,
impolitic and dangerous. Is this a Monarchy, like England--a compact between Prince and
people; with checks on the former, to secure the liberty of the latter? is this a
Confederacy, like Holland--an association of a number of independent States, each of which
retain its individual sovereignty?...."
Patrick Henry's speech of June 5, 1788
REMEMBER THIS PREDICTION OR PATRICK HENRY, WHEN YOU SEE WHAT WASHINGTON DID BELOW AFTER
CALLING OUT THE MILITIAS.
"....My great objection to this Government is, that it does not leave us the means of
defending our rights: or, of waging war against tyrants: It is urged by some Gentlemen,
that this new plan will bring us an acquisition of strength, an army, and the militia of
the States: This is an idea extremely ridiculous: Gentlemen cannot be in earnest. This
acquisition will trample on your fallen liberty: Let my beloved Americans guard against
that fatal lethargy that has pervaded the universe: Have we the means of resisting
disciplined armies, when our only defence, the militia is put into the hands of
Congress?"
Patrick Henry's speech of June 5, 1788
"That Government is no more than a choice among evils, is acknowledged by the most
intelligent among mankind, and has been a standing maxim for ages. If it be demonstrated
that the adoption of the new plan is a little or a trifling evil, then, Sir, I acknowledge
that adoption ought to follow: But, Sir, if this be a truth that its adoption may entail
misery on the free people of this country. I then insist, that rejection ought to follow.
Gentlemen strongly urge its adoption will be a mighty benefit to us: But, Sir, I am made
of such incredulous materials that assertions and declarations, do not satisfy me. I must
be convinced, Sir. I shall retain my infidelity on that subject, till I see our liberties
secured in a manner perfectly satisfactory to my understanding....."
Patrick Henry's speech of June 7, 1788
"....Consider how the only remaining defence we have left is destroyed in this
manner; Besides the expences of maintaining the Senate and other House in as much splendor
as they please, there
is to be a great and mighty President, with very extensive powers: the powers of a King:
He is to be supported in extravagant magnificence: So that the whole of our property may
be taken by this American Government, by laying what taxes they please, giving themselves
what salaries they please, and suspending our laws at their pleasure: I might be thought
too inquisitive.
For I never will give up the power of direct taxation, but for a scourge: But I beseech
Gentlemen, at all hazards, not to give up this unlimited power of taxation:
Patrick Henry's speech of June 7, 1788
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...."
THE FOLLOWING IS EMAIL THAT WENT WITH THE ABOVE QUOTE:
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. Washington put
in place officers of the District to oversee the District States. As a result of the
military rule imposed by Washington, 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. The Judicial
Districts 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 recreate
them? 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 created precedent for Congress to continue to cede power to the President,
delegated to them in the Constitution.
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." END EMAIL
3. FACTS OF THE KINGS MIND SET CONCERNING HIS CHARTERS
(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 History of the American Revolution, Vol. 2, Ramsay, 617-9
"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."
Speech of Sir Edmund Burke, before the House of Commons, March 22, 1775
"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."
(quote from my email response)
"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
Adam Smith also gives incite into the kings mind set in regards to the colonies paying for
the benefits they receive from him, and as to the contributions they should pay and how it
is to be done.
"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
OUR FORE FATHERS WANTED THE BENEFITS AND PRIVILEGES WITHOUT PAYING THE TAX TO THE KING.
"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
"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."
(quote from my email response)
4. WHERE THE PRESENT DAY TAXES COME FROM.
"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
5. THE FEDERAL RESERVE SISTER OF THE EXCHEQUER.
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.
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 all the 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
6. THE KING RULES BY VAGUE STATUTES.
Statue of 32. Hen. VIII c. 84. (1540)
"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."
(quote from my email response)
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
7. LAW OF MORTMAIN.
This statute, by King Edward I, was aimed at preventing land passing to the hands of
immortal institutions, and thus out of the control and taxation system operated by the
state. The Church was the main target.
(Stubbs' "Charters," p. 457.)
The king to his Justices of the Bench, greeting. Where as of late it was provided that
religious men should not enter into the fees of any without the will and licence of the
lords in chief of whom these fees are held immediately; and such religious men have,
notwithstanding, later entered as well into their own fees as into those of others,
appropriated, them to themselves, and buying them, and sometimes receiving them from the
gift of others, whereby the services which are due of such fees, and which at the
beginning, were provided for the defence of the realm, are unduly withdrawn, and the lords
in chief do lose their escheats of the same; we, therefore, to the profit of our realm,
wishing to provide a fit remedy in this matter, by advice of our prelates, counts and
other subjects of our realm who are of our council, have provided, established, and
ordained, that no person, religious or other, whatsoever presume to buy or sell any lands
or tenements, , or under colour of gift or lease, or of any other term or title whatever
to receive them from any one, or in any other craft or by wile to appropriate them to
himself, whereby such lands and tenements may come into mortmain under pain of forfeiture
of the same. We have provided also that if any person, religious or other, do presume
either by craft or wile to offend against this statute it shall be lawful for us and for
other immediate lords in chief of the fee so alienated, to enter it within a year from the
time of such alienation and to hold it in fee as an inheritance. And if the immediate lord
in chief shall -be negligent and be not willing to enter into such fee within the year,
then it shall be lawful for the next mediate lord in chief, within the half year
following, to enter that fee and to hold it, as has been said; and thus each mediate lord
may do if the next lord be negligent in entering such fee as has been said. And if all
such chief lords of such fee, who shall be of full age, and within the four seas and out
of prison, shall be for one year negligent or remiss in this matter, we, straightway after
the year is completed from the time when such purchases, gifts, or appropriations of
another kind happen to have been made, shall take such lands and tenements into our hand,
and shall enfeoff others therein by certain services to be rendered thence to us for the
defence of our kingdom ; saving to the lords in chief of the same fees their wards,
escheats and other things which pertain to them, and the services therefrom due and
accustomed. And therefore we command you to cause the aforesaid statute to be read before
you, and from henceforth firmly kept and observed. Witness myself at Westminster, the 15th
day of
November, the 7h year of our reign.
From Ernest F. Henderson, Select Historical Documents of the Middle Ages,
(London: George Bell and Sons, 1910), 148-149
"The bill for establishing a National Bank undertakes among other things:
1. To form the subscribers into a corporation.
2. To enable them in their corporate capacities to receive grants of land; and so far is
against the laws of mortmain.
3. To make alien subscribers capable of holding lands; and so far is against the laws of
alienage.
4. To transmit these lands, on the death of a proprietor, to a certain line of successors;
and so far changes the course of descents.
5. To put the lands out of the reach of forfeiture or escheat; and so far is against the
laws of forfeiture and escheat.
6. To transmit personal chattels to successors in a certain line; and so far is against
the laws of distribution.
7. To give them the sole and exclusive right of banking under the national authority; and
so far is against the laws of monopoly.
8. To communicate to them a power to make laws paramount to the laws of the States; for so
they must be construed, to protect the institutions from the control of the State
legislatures; and so, probably, they will be construed. 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 incorporation of a bank, and the powers assumed by this bill, have not, in my opinion,
been delegated to the United States, by the Constitution.
Can it be thought that the Constitution intended that for a shade or two of convenience,
more or less, Congress should be authorized to break down the most ancient and fundamental
laws of the several States; such as those against mortmain, the laws of alienage, the
rules of descent, the acts of distribution, the laws of escheat and forfeiture, the laws
of monopoly?"
WORDS THAT MADE AMERICAN HISTORY, p. 184, quoted in "A Country Defeated In
Victory" part I
Thomas Jefferson argued against a United States Bank being chartered in this country, one
reason was, it violated the laws of Mortmain. Which proves Jefferson believed we were
sovereigns equal to the king. However, in one of the few court cases in this Country on
Mortmain, the judge declares that the law of Mortmain never existed in this country. The
judge was saying by his decision, that, no sovereigns ever existed in this country,
countering Jefferson's beliefs. Jefferson makes it clear that to allow this Bank and those
that control it (Rothchilds/England), will impoverish the American people and transfer the
Lands of America into Banks hands, never to be obtained again by the American people, thus
Jefferson's argument of Mortmain. Was Jefferson right about the plight of the American
people, read the below quote? Also read "A Country Defeated In Victory", I prove
that England was behind the United States Bank, also Englands involvment continued during
the thirties, the time period of the below 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
8. THE 1787 CONSTITUTION WAS ABROGATED BY THE 14TH AMENDMENT.
"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."
(The U.S. Is Still A British Colony, part III)
"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
"December 8, 1863 President Lincoln declared by proclamation, amnesty and
reconstruction for the southerners so they could be readmitted into the Union. 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."
(The U.S. Is Still A British Colony, part III)
"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."
(The U.S. Is Still A British Colony, part III)
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."
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
Reconstruction Act of March 2, 1867
RECONSTRUCTION ACT OF THIRTY-NINTH CONGRESS
From 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.
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 23, 1867
SUPPLEMENTARY RECONSTRUCTION ACT OF FORTIETH CONGRESS.
From 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.
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.
From 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.
"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 from 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 from 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."
Reconstruction Act of March 11, 1868
AMENDATORY RECONSTRUCTION ACT OF MARCH 11, 1868
From 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.
"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."
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
"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."
Tulane Law Review, The Dubious Origin Of The Fourteenth Amendment. page 26
"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."
Tulane Law Review, The Dubious Origin Of The Fourteenth Amendment.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."
Tulane Law Review, The Dubious Origin Of The Fourteenth Amendment.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."
Tulane Law Review, The Dubious Origin Of The Fourteenth Amendment.page 32
"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."
Tulane Law Review, The Dubious Origin Of The Fourteenth Amendment.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."
Tulane Law Review, The Dubious Origin Of The Fourteenth Amendment. page 38
"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
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)
"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
"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
"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 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.
"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.
FOR THE REST OF THE DOCUMENTATION ON THE ABOVE SUBJECT MATTER, YOU WILL HAVE TO OBTAIN:
The United States Is Still A British Colony, part I, II and III
Or, you can contact the Informer, and purchase his Book called:
The New History Of America
(The above information is just part of my research, the Informer's is not a duplicate of
my work, but further facts. Its title is self-explanatory.)
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