Beruflich Dokumente
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http://www.apfn.org/apfn/bcolony.htm
An introduction by "Atocha case," wherein Florida in
the "Informer" 1981 used it's sovereignty under the
British crown to try to take away the
gold from the wreck found in
This is the latest from a man
Florida waters supports this
who visits me quite often. He and
premise.
another man researched my theory
that we have never been free from
James makes mention of the Law
the British Crown. This disc shows
dictionaries being England's Law
the results. I have stated that we
Dict. you will see it lists the reign of
will never win in their courts. This
all the Kings of England…It never
shows conclusively why. We have
mentions the reign of the Presidents
the hard copy of the treaties that are
of this country!
the footnotes. This predates
Schroder's material, my research of
Ever wonder Why? Get this out to
the 1861 stats by Lincoln that put us
as many people as you can.
under the War Powers confiscation
acts, and John Nelson's material.
The Informer.
All our material supports that the
real Principal, the King of England,
still rules this country through the
bankers and why we own no
property in allodium. This is why it
is so important to start OUR courts
of God's natural (common) Law and
break away from all the crap they
have handed us. This is one reason
Virginia had a law to hang all
lawyers but was somehow, by
someone, (the King) set aside to let
them operate again. Some good
people put in the original 13t
amendment so that without the
lawyers the King could not continue
his strangle hold on us. James
shows how that was quashed by the
King. I am happy that James'
research of six months bears out my
theory, that most people would not
listen to me, that we are still
citizen/subjects under the kings of
England. My article called "Reality"
published in the American Bulletin
and the article of mine on the
granted our forefathers license to
settle and colonize America. The
definition for license is as follows.
In the first article of the Treaty Think of other wars we have won,
most of the kings claims to America such as when we defeated Japan.
are relinquished, except for his Did McArther allow Japan to dictate
claim to continue receiving gold, to him the terms for surrender? No
silver and copper as gain for his way! All these men did is gain status
business venture. and privilege granted by the king
and insure the subjection of future
Article 3 gives Americans the right unaware generations.
to fish the waters around the United
States and its rivers. In article 4 the Worst of all, they sold out those that
United States agreed to pay all bona gave their lives and property for the
fide debts. chance to be free.
Slavery is morally wrong and The king's tax would not and could
contrary to God Almighty's Law. In not be levied. If the Americans had
this divisive issue, the true attack been paying attention the first 70
was on our natural rights and on the years to the subterfuge and
Constitution. The core of the attack corruption of the Constitution and
was on our right to possess allodial government representatives, instead
of chasing the money supplied by the white people are not aware of
the king, the Conquest of this their enslavement.
country during the Civil War could
have been avoided. George At the risk of being redundant; to
Washington had vision during the set the record straight, because Lord
Revolutionary War, concerning the only knows what will be said about
Civil War. You need to read it. what I just said regarding black
footnote 7 people, I believe that if you are born
in this country you are equal,
Civil War and period. Forget the empty promises
The Conquest that followed of civil rights, what about you
unalienable natural rights under
The government and press God Almighty. All Americans are
propaganda that the War was to free feudal tenants on the land, allowed
the black people from slavery is to rent the property they live on as
ridiculous, once you understand the long as the king gets his cut.
Civil War Thirteenth and Fourteenth
Amendments. The black people are What about self-determination, or
just as much slaves today as before being able to own allodial title to
the Civil War just as the white property, which means the king
people are, and also we find cannot take your property for failure
ourselves subjects of the king/queen to pay a tax. Which means you did
of England. The only thing that not own it to begin with. The king
changed for black people is they allows you to use the material goods
changed masters and were granted a and land.
few rights, which I might add can be
taken away anytime the government Again this is financial servitude.
chooses. Since the 1930's the black
people have been paid reparations "The ultimate ownership of all
to buy off their silence, in other property is in the state; individual
words, keep the slaves on the so-called `ownership' is only by
plantation working. I do not say this virtue of government, i.e., law,
to shock or come across as amounting to a mere user; and use
prejudiced, because I'm not. Here's must be in accordance with law
what Russell Means said, for those and subordinate to the necessities
that don't remember who he is, he of the State." Senate Document No.
was the father in the movie called, 43, "Contracts payable in Gold"
"Last Of The Mohicians". Russell written in 1933.
Means said " until the white man is
free we will never be free", the we The king controlled the
he is referring to are the Indians. government by the time the North
There has never been a truer won the Civil War, through the use
statement, however the problem is of lawyers that called the shots
behind the scenes, just as they do vanquished to submission to its
now and well placed subjects in the empire."
United States government. This
would not have been possible if not "The intention of the conqueror
for England destroying our to retain the conquered territory is
documents in 1812 and the covering generally manifested by formal
up of state documents of the original proclamation of annexation, and
13th Amendment. when this is combined with a
recognized ability to retain the
According to International law, conquered territory, the transfer of
what took place when the North sovereignty is complete. A treaty of
conquered the South? First, you peace based upon the principle of
have to understand the word uti possidetis (q.v.) is formal
"conquest" in international law. recognition of conquest."
When you conquer a state you
acquire the land; and those that "The effects of conquest are to
were subject to the conquered state, confer upon the conquering state
then become subject to the the public property of the
conquers. The laws of the conquered state, and to invest the
conquered state remain in force former with the rights and
until the conquering state wishes to obligations of the latter; treaties
change all or part of them. At the entered into by the conquered state
time of conquest the laws of the with other states remain binding
conquered state are subject to upon the annexing state, and the
change or removal, which means the debts of the extinct state must be
law no longer lies with the American taken over by it. Conquest likewise
people through the Constitution, but invests the conquering state with
lies with the new sovereign. The sovereignty over the subjects of the
Constitution no longer carries any conquered state.
power of its own, but drives its
power from the new sovereign, the Among subjects of the conquered
conqueror. The reason for this is the state are to be included persons
Constitution derived its power from domiciled in the conquered
the people, when they were territory who remain there after
defeated, so was the Constitution. the annexation. The people of the
conquered state change their
The following is the definition of allegiance but not their relations to
Conquest: one another." Leitensdorfer v.
Webb, 20 How. (U.S.) 176, 15 L. Ed.
"The acquisition of the 891.
sovereignty of a country by force of
arms, exercised by an independent "After the transfer of political
power which reduces the jurisdiction to the conqueror the
municipal laws of the territory organization and be carrying on
continue in force until abrogated by what is international law is
the new sovereign." American Ins. regarded as legal war. There must
Co. v. Canter, 1 Pet. (U.S.) 511, 7 L. be an armed struggle between two
Ed. 242. Conquest, In international political bodies, each of which
Law. - Bouvier's Law Dictionary exercises de facto authority over
persons within a determined
What happened after the Civil territory, and commands an army
War? Did not U.S. troops force the which is prepared to observe the
southern states to accept the ordinary laws of war. It is not
Fourteenth Amendment? The laws enough that the insurgents have an
of America, the Constitution were army; they must have an organized
changed by the conquering civil authority directing the army."
government. Why? The main part I
want you to see, as I said at the "The exact point at which revolt
beginning of this paper, is watch the or insurrection becomes
money and the commerce. belligerency is often extremely
difficult to determine; and
The Fourteenth Amendment says belligerents are not usually
the government debt can not be recognized by nations unless they
questioned. Why? Because now the have some strong reason or
king wants all the gold, silver and necessity for doing so, either
copper and the land. Which can because the territory where the
easily be done by increasing the belligerency is supposed to exist is
government debt and making the contiguous to their own, or because
American people sureties for the the conflict is in some way affecting
debt. This has been done by the their commerce or the rights of
sleight of hand of lawyers and the their citizens...One of the most
bankers. serious results of recognizing
belligerency is that it frees the
The conquering state is known as parent country from all
a Belligerent, read the following responsibility for what takes place
quotes. within the insurgent lined; Dana's
Wheaton, note 15, page 35."
Belligerency, is International Bouvier's Law Dictionary
Law
Belligerent, In International
"The status of de facto statehood Law.
attributed to a body of insurgents,
by which their hostilities are "As adj. and noun. Engaged in
legalized. Before they can be lawful war; a state so engaged.
recognized as belligerents they
must have some sort of political
In plural. A body of insurgents "This at most gives the invader
who by reason of their temporary certain partial and limited rights of
organized government are sovereignty. Until conquest, the
regarded as conducting lawful sovereign rights of the original
hostilities. owner remain intact. Conquest
gives the conqueror full rights of
Also, militia, corps of volunteers, sovereignty and, retroactively,
and others, who although not part legalizes all acts done by him
of the regular army of the state, are during military occupation. Its
regarded as lawful combatants only essential is actual and
provided they observe the laws of exclusive possession, which must be
war; 4 H. C. 1907, arts, 1, 2." effective."
Bouvier's Law Dictionary
"A conqueror may exercise
According to the International governmental authority, but only
law no law has been broken. Read when in actual possession of the
the following about military enemy's country; and this will be
occupation, notice the third exercised upon principles of
paragraph. After the Civil War, title international law; MacLeod v. U.S.,
to the land had not been completed 229 U.S. 416, 33 Sup. Ct 955, 57 L.
to the conquers, but after 1933 it Ed. 1260."
was. I will address this in a
moment. In the last paragraph, it "The occupant administers the
says the Commander-in-Chief government and may, strictly
governs the conquered state. The speaking, change the municipal
proof that this is the case today, is law, but it is considered the duty of
the U.S. flies the United States flag the occupant to make as few
with a yellow fringe on three sides. changes in the ordinary
According to the United States Code, administration of the laws as
Title 4, Sec. 1, the U.S. flag does not possible, though he may proclaim
have a fringe on it. The difference martial law if necessary. He may
being one is a Constitutional flag, occupy public land and buildings;
and the fringed flag is a military he cannot alienate them so as to
flag. The military flag means you pass a good title, but a subsequent
are in a military occupation and are conquest would probably complete
governed by the Commander-in- the title..."
Chief in his executive capacity, not
under any Constitutional authority. "Private lands and houses are
Read the following. usually exempt. Private movable
property is exempt, though subject
Military Occupation to contributions and requisitions.
The former are payments of money,
to be levied only by the
commander-in-chief...Military Paragraph 1-3 of the definition of
necessity may require the Military Occupation describes what
destruction of private property, took place during and after the Civil
and hostile acts of communities or War. What took place during the
individuals may be punished in the Civil War and Post Civil War has
same way. Property may be liable been legal under international law.
to seizure as booty on the field of You should notice in paragraph 3,
battle, or when a town refuses to that at the end of the Civil War, title
capitulate and is carried by to the land was not complete, but
assault. When military occupation the subsequent Conquest completed
ceases, the state of things which the title. When was the next
existed previously is restored under Conquest? 1933, when the
the fiction of postliminium (q.v.)" American people were alienated by
our being declared enemies of the
"Territory acquired by war Conquerer and by their declaring
must, necessarily, be governed, in war against all Americans. Read the
the first instance, by military following quotes and also (footnote
power under the direction of the 8).
president, as commander-in-chief.
Civil government can only be put in The following are excerpts from
operation by the action of the the Senate Report, 93rd Congress,
appropriate political department of November 19, 1973, Special
the government, at such time and in Committee On The
such degree as it may determine. It Termination Of The National
must take effect either by the action Emergency United States
of the treaty- making power, or by Senate.
that of congress. So long as
congress has not incorporated the Since March 9, 1933, the United
territory into the United States, States has been in a state of
neither military occupation nor declared national
cession by treaty makes it domestic emergency....Under the powers
territory, in the sense of the delegated by these statutes, the
revenue laws. Congress may President may: seize property;
establish a temporary government, organize and control the means of
which is not subject to all the production; seize commodities;
restrictions of the constitution. assign military forces abroad;
Downes v. Bidwell, 182 U.S. 244, 21 institute martial law; seize and
Sup Ct. 770, 45 L. Ed. 1088, per control all transportation and
Gray, J., concurring in the opinion communication; regulate the
of the court." operation of private enterprise;
Bouvier's Law Dictionary restrict travel; and, in a plethora of
particular ways, control the lives of
all American citizens.
and sheriffs, waged war against the
A majority of the people of the American People and has classed
United States have lived all of their Americans as enemy aliens.
lives under emergency rule. For 40
years, freedoms and governmental The following definition is from
procedures guaranteed by the BOUVIER'S LAW DICTIONARY (P.
Constitution have, in varying 1934) of Letters of Marque, it says:
degrees, been abridged by laws "A commission granted by the
brought into force by states of government to a private individual,
national emergency....from, at to take the property of a foreign
least, the Civil War in important state, or of the citizens or subjects of
ways shaped the present such state, as a reparation for an
phenomenon of a permanent state injury committed by such state, its
of national emergency. citizens or subjects. The prizes so
captured are divided between the
In Title 12, in section 95b you'll owners of the privateer, the
find the following codification of captain, and the crew. A vessel to a
the emergency war powers: The friendly port, but armed for its own
actions, regulations, rules, licenses, defence in case of attack by an
orders and proclamations enemy, is also called a letter of
heretofore or hereafter taken, marque."
promulgated, made, or issued by
the President of the United States or Words and Phrases, Dictionary
the Secretary of the Treasury since
March 4, 1933, pursuant to the By the law of nations, an enemy
authority conferred by subsection is defined to be "one with whom a
(b) of section 5 of the Act of October nations at open war." When the
6, 1917, as amended (12 USCS, 95a), sovereign ruler of a state declares
are hereby approved and war against another sovereign, it is
confirmed. (March 9, 1933, c. 1, understood the whole nation
Title 1, 1, 48 Stat. 1) declares war against that other
nation. All the subjects of one are
It is clear that the Bankrupt, enemies to all the subjects of the
defacto government of the united other, and during the existence of
States, which is operating under the the war they continue enemies, in
War Powers Act and Executive whatever country they may happen
Orders; not the Constitution for the to be, "and all persons residing
united States, has in effect issued within the territory occupied by the
under its Admiralty Law, Letters of belligerents, although they are in
Marque (piracy) to its private fact foreigners, are liable to be
agencies IRS, ATF, FBI and DEA, treated as enemies." Grinnan v.
with further enforcement by its Edwards, 21 W.Va. 347, 357, quoting
officers in the Courts, local police Vatt. Law.Nat.bk. 3, c. 69-71
conferred on a people or upon a
So we find ourselves enemies in king, upon an aristocracy or a
our own country and subjects of a democracy, a monarchy or
king that has conquered our land, republic, I recognize the germ of
with heavy taxation and no tyranny, and I journey onwards to
possibility of fair representation. a land of more helpful institutions."
I take leave to say that if the A foot note was added on page
principles thus announced should 1113 of the same section which says:
ever receive the sanction of a "Placing of fringe on the national
majority of this court, a radical and flag, the dimensions of the flag, and
mischievous change in our system arrangement of the stars are
of government will be the result. matters of detail not controlled by
We will, in that event, pass from the statute, but within the discretion of
era of constitutional liberty the President as commander-in-
guarded and protected by a written chief of the Army and Navy." 1925,
constitution into an era of 34 Op.Atty.Gen. 483.
legislative absolutism.
The president, as military "...The agency of the master is
commander, can add a yellow fringe devolved upon him by the law of the
to our flag. When would this be flag. The same law that confers his
done? During time of war. Why? authority ascertains its limits, and
the flag at the mast-head is notice
A flag with a fringe is an ensign, a to all the world of the extent of such
military flag. Read the following. power to bind the owners or
freighters by his act. The foreigner
"Pursuant to U.S.C. Chapter 1, 2, who deals with this agent has
and 3; Executive Order No. 10834, notice of that law, and, if he be
August 21, 1959, 24 F.R. 6865, a bound by it, there is not injustice.
military flag is a flag that His notice is the national flag which
resembles the regular flag of the is hoisted on every sea and under
United States, except that it has a which the master sails into every
YELLOW FRINGE, bordered on port, and every circumstance that
three sides. The President of the connects him with the vessel
United states designates this isolates that vessel in the eyes of the
deviation from the regular flag, by world, and demonstrates his
executive order, and in his capacity relation to the owners and
as COMMANDER-IN-CHIEF of the freighters as their agent for a
Armed forces." specific purpose and with power
well defined under the national
From the National Encyclopedia, maritime law." Bouvier's Law
Volume 4: Dictionary, 1914.
"Flag, an emblem of a nation;
usually made of cloth and flown Don't be thrown by the fact they
from a staff. From a military are talking about the sea, and that it
standpoint flags are of two general doesn't apply to land. Admiralty law
classes, those flown from came on land in 1845 with the Act of
stationary masts over army posts, 1845 by Congress. Next a court
and those carried by troops in case:
formation. The former are referred
to by the general name flags. The "Pursuant to the "Law of the
latter are called colors when Flag", a military flag does result in
carried by dismounted troops. jurisdictional implication when
Colors and Standards are more flown. The Plaintiff cites the
nearly square than flags and are following: "Under what is called
made of silk with a knotted Fringe international law, the law of the
of Yellow on three sides...use of the flag, a shipowner who sends his
flag. The most general and vessel into a foreign port gives
appropriate use of the flag is as a notice by his flag to all who enter
symbol of authority and power." into contracts with the shipmaster
that he intends the law of the flag to
regulate those contracts with the intended to be. It is used for a
shipmaster that he either submit to national identification number, and
its operation or not contract with a requirement to receive benefits
him or his agent at all." Ruhstrat v. from the onquers (king). The Social
People, 57 N.E. 41, 45, 185 ILL. 133, Security system is made to look and
49 LRA 181, 76 AM. act like insurance, all insurance is
governed by admiralty law, which is
I have had debates with folks that the kings way of binding those
take great issue with what I have involved with commerce with him.
said, they dogmatically say the
constitution is the law and the "The Social Security system may
government is outside the law. I be accurately described as a form
wish they were right, but they fail to of Social Insurance, enacted
see or understand that the American pursuant to Congress' power to
people have been conquered, "spend money in aid of the 'general
unknowingly, but conquered all the welfare'," Helvering vs. Davis [301
same. That is why a judge will tell U.S., at 640]
you not to bring the Constitution
into his court, or a law dictionary, "My judgment accordingly is,
because he is the law, not the that policies of insurance are
Constitution. within... the admiralty and
maritime jurisdiction of the United
You have only to read the States." Federal Judge Story, in
previous Senates report on National DELOVIO VS. BOIT, 7 Federal
Emergency, to understand the Cases, #3776, at page 444 (1815)
Constitution and our Constitutional
form of government no longer You need to know and
exists. understand what contribution
means in F.I.C.A., Federal Insurance
Further Evidence Contribution Act. Read the
Social Security following definition.
VII. And we do also ordain, VIII. And that also there shall be
establish, and agree, for Us, our a Council established here in
Heirs, and Successors, that each of England, which shall, in like Manner,
the said Colonies shall have a consist of thirteen Persons, to be,
Council, which shall govern and for that Purpose, appointed by Us,
order all Matters and Causes, which our Heirs and Successors, which
shall arise, grow, or happen, to or shall be called our Council of
within the same several Colonies, Virginia; And shall, from time to
according to such Laws, time, have the superior Managing
Ordinances, and Instructions, as and Direction, only of and for all
shall be, in that behalf, given and Matters, that shall or may concern
signed with Our Hand or Sign the Government, as well of the said
several Colonies, as of and for any or Successors, for or in Respect of
other Part or Place, within the the same:
aforesaid Precincts of four and thirty
and five and forty Degrees, above- X. And that they shall, or lawfully
mentioned; Which Council shall, in may, establish and cause to be
like manner, have a Seal, for made a Coin, to pass current there
Matters concerning the Council of between the People of those several
Colonies, with the like Arms and Colonies, for the more Ease of
Portraiture, as aforesaid, with this Traffick and Bargaining between
Inscription, engraven round about and amongst them and the Natives
on the one Side; Sigillum Regis there, of such Metal, and in such
Magnae Britanniae, Franciae, & Manner and Form, as the said
Hiberniae; and round about the several Councils there shall limit and
other side, Pro Concilio suo appoint.
Virginiae.
XI. And we do likewise, for Us,
IX. And moreover, we do GRANT our Heirs, and Successors, by these
and agree, for Us, our Heirs and Presents, give full Power and
Successors, that the said several Authority to the said Sir Thomas
Councils, of and for the said several Gates, Sir George Somers, Richard
Colonies, shall and lawfully may, by Hackluit, Edward-Maria Wingfield,
Virtue hereof, from time to time, Thomas Hanham, Ralegh Gilbert,
without any Interruption of Us, our William Parker, and George
Heirs, or Successors, give and take Popham, and to every of them, and
Order, to dig, mine, and search for to the said several Companies,
all Manner of Mines of Gold, Silver, Plantations, and Colonies, that they,
and Copper, as well within any part and every of them, shall and may, at
of their said several Colonies, as for all and every time and times
the said main Lands on the Back- hereafter, have, take, and lead in
side of the same Colonies; And to the said Voyage, and for and
Have and enjoy the Gold, Silver, towards the said several Plantations
and Copper, to be gotten thereof, to and Colonies, and to travel
the Use and Behoof of the same thitherward, and to abide and inhabit
Colonies, and the Plantations there, in every the said Colonies and
thereof; YIELDING therefore, to Us, Plantations, such and so many of
our Heirs and Successors, the fifth our Subjects, as shall willingly
Part only of all the same Gold and accompany them, or any of them, in
Silver, and the fifteenth Part of all the said Voyages and
the same Copper, so to be gotten or Plantations; With sufficient Shipping
had, as is aforesaid, without any and Furniture of Armour, Weapons,
other Manner or Profit or Account, to Ordinance, Powder, Victual, and all
be given or yielded to Us, our Heirs, other things, necessary for the said
Plantations, and for their Use and
Defence there: PROVIDED always, Popham, and their Associates of the
that none of the said Persons be said second Colony, and to every of
such, as shall hereafter be specially them, from time to time, and at all
restrained by Us, our Heirs, or times for ever hereafter, Power and
Successors. Authority to take and surprise, by all
Ways and Means whatsoever, all
XII. Moreover, we do, by these and every Person and Persons, with
Presents, for Us, our Heirs, and their Ships, Vessels, Goods and
Successors, GIVE AND GRANT other Furniture, which shall be found
License unto the said Sir Thomas trafficking, into any Harbour or
Gates, Sir George Somers, Richard Harbours, Creek or Creeks, or
Hackluit, Edward-Maria Wingfield, Place, within the Limits or Precincts
Thomas Hanham, Ralegh Gilbert, of the said several Colonies and
William Parker, and George Plantations, not being of the same
Popham, and to every of the said Colony, until such time, as they,
Colonies, that they, and every of being of any Realms or Dominions
them, shall and may, from time to under our Obedience, shall pay, or
time, and at all times for ever agree to pay, to the Hands of the
hereafter, for their several Defences, Treasurer of that Colony, within
encounter, expulse, repel, and whose Limits and Precincts they
resist, as well by Sea as by Land, by shall so traffick, two and a half upon
all Ways and Means whatsoever, all every Hundred, of any thing, so by
and every such Person and them trafficked, bought, or sold; And
Persons, as without the especial being Strangers, and not Subjects
License of the said several Colonies under our Obeysance, until they
and Plantations, shall attempt to shall pay five upon every Hundred,
inhabit within the said several of such Wares and Merchandise, as
Precincts and Limits of the said they shall traffick, buy, or sell, within
several Colonies and Plantations, or the Precincts of the said several
any of them, or that shall enterprise Colonies, wherein they shall so
or attempt, at any time hereafter, the traffick, buy, or sell, as aforesaid,
Hurt, Detriment, or Annoyance, of WHICH Sums of Money, or Benefit,
the said several Colonies or as aforesaid, for and during the
Plantations. Space of one and twenty Years,
next ensuing the Date hereof, shall
XIII. Giving and granting, by be wholly emploied to the Use,
these Presents, unto the said Sir Benefit, and Behoof of the said
Thomas Gates, Sir George Somers, several Plantations, where such
Richard Hackluit, Edward-Maria Traffick shall be made; And after the
Wingfield, and their Associates of said one and twenty Years ended,
the said first Colony, and unto the the same shall be taken to the Use
said Thomas Hanham, Ralegh of Us, our Heirs, and Successors, by
Gilbert, William Parker, and George such Officers and Ministers, as by
Us, our Heirs, and Successors, shall Colonies and Plantations, shall
be thereunto assigned or appointed. HAVE and enjoy all Liberties,
Franchises, and Immunities, within
XIV. And we do further, by these any of our other Dominions, to all
Presents, for Us, our Heirs, and Intents and Purposes, as if they had
Successors, GIVE AND GRANT been abiding and born, within this
unto the said Sir Thomas Gates, Sir our Realm of England, or any other
George Somers, Richard Hackluit, of our said Dominions.
and Edward-Maria Wingfield, and to
their Associates of the said first XVI. Moreover, our gracious Will
Colony and Plantation, and to the and Pleasure is, and we do, by
said Thomas Hanham, Ralegh these Presents, for Us, our Heirs,
Gilbert, William Parker, and George and Successors, declare and set
Popham, and their Associates of the forth, that if any Person or Persons,
said second Colony and Plantation, which shall be of any of the said
that they, and every of them, by their Colonies and Plantations, or any
Deputies, Ministers and Factors, other, which shall
may transport the Goods, Chattels, traffick to the said Colonies and
Armour, Munition, and Furniture, Plantations, or any of them, shall, at
needful to be used by them, for their any time or times hereafter,
said Apparel, Food, Defence, or transport any Wares, Merchandises,
otherwise in Respect of the said or Commodities, out of any of our
Plantations, out of our Realms of Dominions, with a Pretence to land,
England and Ireland, and all other sell, or otherwise dispose of the
our Dominions, from time to time, for same, within any the Limits and
and during the Time of seven Years, Precincts of any the said Colonies
next ensuing the Date hereof, for the and Plantations, and yet
better Relief of the said several nevertheless, being at Sea, or after
Colonies and Plantations, without he hath landed the same within any
any Custom, Subsidy, or other Duty, of the said Colonies and Plantations,
unto Us, our Heirs, or Successors, shall carry the same into any other
to be yielded or paid for the same. Foreign Country, with a Purpose
there to sell or dispose of the same,
XV. Also we do, for Us, our without the License of Us, our Heirs,
Heirs, and Successors, DECLARE, and Successors, in that Behalf first
by these Presents, that all and every had and obtained; That then, all the
the Persons, being our Subjects, Goods and Chattels of such Person
which shall dwell and inhabit within or Persons, so offending and
every or any of the said several transporting, together with the said
Colonies and Plantations, and every Ship or Vessel, wherein such
of their children, which shall happen Transportation was made, shall be
to be born within any of the Limits forfeited to Us, our Heirs, and
and Precincts of the said several Successors.
committed such Robbery or Spoil,
XVII. Provided always, and our and their Procurers, Abetters, or
Will and Pleasure is, and we do Comforters, out of our Allegiance
hereby declare to all Christian and Protection; And that it shall be
Kings, Princes, and States, that if lawful and free, for all Princes and
any Person or Persons, which shall others, to pursue with Hostility the
hereafter be of any of the said said Offenders, and every of them,
several Colonies and Plantations, or and their and every of their
any other, by his, their or any of their Procurers, Aiders, Abetters, and
License and Appointment, shall, at Comforters, in that Behalf.
any time or times hereafter, rob or
spoil, by Sea or by Land, or do any XVIII. And finally, we do, for Us,
Act of unjust and unlawful Hostility, our Heirs, and Successors, GRANT
to any the Subjects of Us, our Heirs, and agree, to and with the said Sir
or Successors, or any the Subjects Thomas Gates, Sir George Somers,
of any King, Prince, Ruler, Richard Hackluit, and Edward-Maria
Governor, or State, being then in Wingfield, and all others of the said
League or Amity with Us, our Heirs, first Colony, that We, our Heirs, and
or Successors, and that upon such Successors, upon Petition in that
Injury, or upon just Complaint of Behalf to be made, shall, by Letters-
such Prince, Ruler, Governor, or patent under the Great Seal of
State, or their Subjects, We, our England, GIVE and GRANT unto
Heirs, or Successors, shall make such Persons, their Heirs, and
open Proclamation, within any of the Assigns, as the Council of that
Ports of our Realm of England, Colony, or the most Part of them,
commodious for that Purpose, That shall, for that Purpose nominate and
the said Person or Persons, having assign, all the Lands, Tenements,
committed any such Robbery or and Hereditaments, which shall be
Spoil, shall, within the Term to be within the Precincts limited for that
limited by such Proclamations make Colony, as is aforesaid, TO BE
full Restitution or Satisfaction of all HOLDEN OF US, our Heirs, and
such Injuries done, so as the said Successors, as of our Manor at
Princes, or others, so complaining, East-Greenwich in the County of
may hold themselves fully satisfied Kent, in free and common Soccage
and contented; And that, if the said only, and not in Capite:
Person or Persons, having
committed such Robbery or Soil, XIX. And do, in like Manner,
shall not make, or cause to be Grant and Agree, for Us, our Heirs,
made, Satisfaction accordingly, and Successors, to and with the
within such Time so to be limited, said Thomas Hanham, Ralegh
That then it shall be lawful to Us, our Gilbert, William Parker, and George
Heirs, and Successors, to put the Popham, and all others of the said
said Person or Persons, having second Colony, That We, our Heirs,
and Successors, upon Petition in Wingfield, Thomas Hanham, Ralegh
that Behalf to be made, shall, by Gilbert, William Parker, and George
Letters-patent under the Great Seal Popham, or any of them, heretofore
of England, GIVE and GRANT unto made, in these Presents, is not
such Persons, their Heirs, and made; Or any Statute, Act,
Assigns, as the Council of that Ordinance, or Provision,
Colony, or the most Part of them, Proclamation, or Restraint, to the
shall, for that Purpose, nominate contrary hereof had, made,
and assign, all the Lands, ordained, or any other Thing,
Tenements, and Hereditaments, Cause, or Matter whatsoever, in any
which shall be within the Precincts wise notwithstanding. In Witness
limited for that Colony, as is whereof we have caused these our
aforesaid TO BE HOLDEN OF US, Letters to be made Patents; Witness
our Heirs, and Successors, as of our Ourself at Westminster, the tenth
Manour of East-Greenwich in the Day of April, in the fourth Year of our
County of Kent, in free and common Reign of England, France, and
Soccage only, and not in Capite. Ireland, and of Scotland the nine
and thirtieth.
XX. All which Lands,
Tenements, and Hereditaments, so Footnote 2
to be passed by the said several
Letters-patent, shall be sufficient THE PARIS PEACE TREATY
Assurance from the said Patentees, (PEACE TREATY of 1783):
so distributed and divided amongst
the Undertakers for the Plantation of In the name of the most holy and
the said several Colonies, and such undivided Trinity.
as shall make their Plantations in
either of the said several Colonies, It having pleased the Divine
in such Manner and Form, and for Providence to dispose the hearts of
such Estates, as shall be ordered the most serene and most potent
and set down by the Council of the Prince George the Third, by the
said Colony, or the most Part of grace of God, king of Great Britain,
them, respectively, within which the France, and Ireland, defender of the
same Lands, Tenements, and faith, duke of Brunswick and
Hereditaments shall lye or be; Lunebourg, arch- treasurer and
Although express Mention of the prince elector of the Holy Roman
true yearly Value or Certainty of the Empire etc., and of the United States
Premises, or any of them, or of any of America, to forget all past
other Gifts or Grants, by Us or any misunderstandings and differences
of our Progenitors or Predecessors, that have unhappily interrupted the
to the aforesaid Sir Thomas Gates, good correspondence and friendship
Knt. Sir George Somers, Knt. which they mutually wish to restore,
Richard Hackluit, Edward-Maria and to establish such a beneficial
and satisfactory intercourse, United States to their high
between the two countries upon the mightinesses the States General of
ground of reciprocal advantages and the United Netherlands; Benjamin
mutual convenience as may promote Franklin, Esqr., late delegate
and secure to both perpetual peace in Congress from the state of
and harmony; and having for this Pennsylvania, president of
desirable end already laid the the convention of the said state, and
foundation of peace and minister plenipotentiary from the
reconciliation by the Provisional United States of America at the
Articles signed at Paris on the 30th court of Versailles; John Jay, Esqr.,
of November 1782, by the late president of Congress and chief
commissioners empowered on each justice of the state of New York, and
part, which articles were agreed to minister plenipotentiary from the
be inserted in and constitute the said United States at the court of
Treaty of Peace proposed to be Madrid; to be plenipotentiaries for
concluded between the Crown of the concluding and signing the
Great Britain and the said United present definitive Treaty; who after
States, but which Treaty was not to having reciprocally communicated
be concluded until terms of peace their respective full powers have
should be agreed upon between agreed upon and confirmed the
Great Britain and France and his following articles.
Britannic Majesty should be ready to
conclude such Treaty accordingly; Article 1:
and the Treaty between Great
Britain and France having since His Brittanic Majesty
been concluded, his Britannic acknowledges the said United
Majesty and the United States of States, viz., New Hampshire,
America, in order to carry into full Massachusetts Bay, Rhode Island
effect the Provisional Articles above and Providence Plantations,
mentioned, according to the tenor Connecticut, New York, New
thereof, have constituted and Jersey, Pennsylvania, Maryland,
appointed, that is to say his Virginia, North Carolina, South
Britannic Majesty on his part, David Carolina and Georgia, to be free
Hartley, Esqr., member of the sovereign and independent states,
Parliament of Great Britain, and the that he treats with them as such, and
said United States on their part, for himself, his heirs,
John Adams, Esqr., late a and successors, relinquishes all
commissioner of the United States claims to the government, propriety,
of America at the court of Versailles, and territorial rights of the same
late delegate in Congress from the and every part thereof.
state of Massachusetts, and chief
justice of the said state, and Article 2:
minister plenipotentiary of the said
And that all disputes which might communication between it and the
arise in future on the subject of the Lake of the Woods, to the said Lake
boundaries of the said United States of the Woods; thence through the
may be prevented, it is hereby said lake to the most
agreed and declared, that the northwesternmost point thereof,
following are and shall be their and from thence on a due west
boundaries, viz.; from the course to the river Mississippi;
northwest angle of Nova Scotia, thence by a line to be drawn along
viz., that nagle which is formed by a the middle of the said river
line drawn due north from the Mississippi until it shall intersect
source of St. Croix River to the northernmost part of the thirty-
the highlands; along the said first degree of north latitude,
highlands which divide those South, by a line to be drawn due east
rivers that empty themselves into from the determination of the line
the river St. Lawrence, from last mentioned in the latitude of
those which fall into the Atlantic thirty-one degrees of the equator, to
Ocean, to the northwesternmost the middle of the river Apalachicola
head of Connecticut River; thence or Catahouche; thence along the
down along the middle of that river middle thereof to its junction with
to the forty-fifth degree of north the Flint River, thence straight to
latitude; from thence by a line due the head of Saint Mary's River; and
west on said latitude until it strikes thence down along the middle of
the river Iroquois or Cataraquy; Saint Mary's River to the Atlantic
thence along the middle of said Ocean; east, by a line to be drawn
river into Lake Ontario; through along the middle of the river Saint
the middle of said lake until it Croix, from its mouth in the Bay of
strikes the communication by water Fundy to its source, and from its
between that lake and Lake Erie; source directly north to the
thence along the middle of said aforesaid highlands which divide the
communication into Lake Erie, rivers that fall into the Atlantic
through the middle of said lake until Ocean from those which fall into the
it arrives at the water river Saint Lawrence;
communication between that lake comprehending all islands within
and Lake Huron; thence along the twenty leagues of any part of the
middle of said water communication shores of the United States, and
into Lake Huron, thence through lying between lines to be drawn due
the middle of said lake to the water east from the points where the
communication between that lake aforesaid boundaries between Nova
and Lake Superior; thence through Scotia on the one part and East
Lake Superior northward of the Isles Florida on the other shall,
Royal and Phelipeaux to the Long respectively, touch the Bay of
Lake; thence through the middle of Fundy and the Atlantic Ocean,
said Long Lake and the water excepting such islands as now are
or heretofore have been within the either side shall meet with no
limits of the said province of Nova lawful impediment to the recovery
Scotia. of the full value in sterling money of
all bona fide debts heretofore
Article 3: contracted.
"Then my eyes beheld a fearful scene. "Again, amid the fearful noise of the
From each of these countries arose conflict I heard the mysterious voice
thick, black clouds that were soon saying, "Son of the Republic, look and
joined into one. learn." As the voice ceased, the
shadowy angel for the last time dipped
And through this mass there gleamed a water from the ocean and sprinkled it
dark red light by which I saw hordes of upon America. Instantly the dark cloud
armed men. These men, moving with rolled back, together with the armies it
the cloud, marched by land and sailed had brought, leaving the inhabitants of
by sea to America, which country was the land victorious.
enveloped in this volume of the cloud.
And I dimly saw these vast armies "Then once more I beheld the villages,
devastate the whole country and burn towns and cities springing up where I
the villages, towns, and cities that I had seen them before, while the bright
beheld springing up. angel, planting the azure standard he
had brought in the midst of them, cried
"As my ears listened to the thundering with a loud voice: "While the stars
of the cannon, clashing of swords, and remain, and the heavens send down dew
the shouts and cries of millions in upon the earth, so long shall the Union
mortal combat, I heard again the last." And taking from his brow the
mysterious voice saying, "Son of the crown on which blazoned the word
Republic, look and learn." When the "Union," he placed it upon the Standard
voice had ceased, the dark shadowy while the people kneeling down said,
angel placed his trumpet once more to "Amen."
his mouth, and blew a long fearful blast.
"The scene instantly began to fade and
dissolve, and I at last saw nothing but
Instantly a light as of a thousand suns the rising, curling vapor I at first beheld.
shone down from above me, and This also disappeared, I found myself
pierced and broke into fragments the once more gazing upon the mysterious
dark clouds which enveloped America. visitor, who, in the same voice I had
At the same moment the angel upon heard before, said, "Son of the
whose head still shone the word Republic, what you have seen is thus
"Union," and who bore our national flag interpreted.
in one hand and a sword in the other,
Three great perils will come upon the under such rules and regulations as
Republic. The most fearful for her is he may prescribe, by means of
the third. But the whole world united licenses or otherwise, any
shall not prevail against her. Let every transactions in foreign exchange,
child of the Republic learn to live for transfers of credit between or
his God, his land and Union. With payments by banking institutions
these words the vision vanished, and I as defined by the President, and
started from my seat and felt that I had export, hoarding, melting, or
seen a vision wherein had been shown earmarking of gold or silver coin or
me the birth, progress, and destiny of bullion or currency, BY ANY
the United States." PERSON WITHIN THE UNITED
STATES OR ANY PLACE SUBJECT
Thus ended General George TO THE JURISDICTION
Washington's vision and prophecy for THEREOF."
the United States of America as told in
his own words. Here is the legal phrase subject
to the jurisdiction thereof, but at law
this refers to alien enemy and also
applies to Fourteenth Amendment
Footnote 8 citizens:
"In Title 1, Section 1 it says: The "As these words are used in the
actions, regulations, rules, licenses, first section of the Fourteenth
orders and proclamations Amendment of the Federal
heretofore or hereafter taken, Constitution, providing for the
promulgated, made, or issued by citizenship of all persons born or
the President of the United States or naturalized in the United States
the Secretary of the Treasury since and subject to the jurisdiction
March 4, 1933, pursuant to the thereof, the purpose would appear
authority conferred by subdivision to have been to exclude by the
(b) of section 5 of the Act of October fewest words (besides children of
6, 1917, as amended, are hereby members of the Indian tribes,
approved and confirmed." standing in a peculiar relation to
the National Government,
"Section 2. Subdivision (b) of unknown to the common Law), the
section 5 of the Act of October 6, two classes of cases, children born
1917, (40 Stat. L. 411), as amended, of *ALIEN ENEMIES emphasis
is hereby amended to read as mine), in hostile occupation, and
follows: emergency declared by the children of diplomatic
President, the President may, representatives of a foreign state,
through any agency that he may both of which, by the law of
designate, or otherwise, England and by our own law, from
investigate, regulate, or prohibit, the time of the first settlement of the
English colonies in America, had terminates, his hostile character
been recognized exceptions to the terminates also; 1 B. & P. 163.
fundamental rule of citizenship by
birth within the country." United Alien enemies are said to have no
States v Wong Kim Ark, 169 US 649, rights, no privileges, unless by the
682, 42 L Ed 890, 902, 18 S Ct 456. king's special favor, during time of
Ballentine's Law Dictionary war; 1 Bla. Com. 372; Bynkershoek
195; 8 Term 166. [Remember we've
Congressman Beck had this to say been under a declared state of war
about the War Powers Act: since October 6, 1917, as amended
March 9, 1933 to include every
"I think of all the damnable United States citizen.]
heresies that have ever been
suggested in connection with the "The phrase Alien Enemy is
Constitution, the doctrine of defined in Words and Phrases as:
emergency is the worst. It means Residence of person in territory of
that when Congress declares an nation at war with United States
emergency there is no Constitution. was sufficient to characterize him
This means its death....But the as "alien enemy" within Trading
Constitution of the United States, as with the Enemy Act, even if he had
a restraining influence in keeping acquired and retained American
the federal government within the citizenship." Matarrese v. Matarrese,
carefully prescribed channels of 59 A.2d 262, 265, 142 N.J. Eq. 226.
power, is moribund, if not dead.
We are witnessing its death- "Residence or doing business in a
agonies, for when this bill becomes hostile territory is the test of an
a law, if unhappily it becomes law, "alien enemy: within meaning of
there is no longer any workable Trading with the Enemy Act and
Constitution to keep the Congress Executive Orders thereunder."
within the limits of its Executive Order March 11, 1942, No.
constitutional powers." 9095, as amended, 50 U.S.C.A.
(Congressman James Beck in Appendix 6; Trading with the
Congressional Record 1933) Enemy Act 5 (b). In re Oneida Nat.
Bank & Trust Co. of Utica, 53 N.Y.S.
The phrase Alien Enemy is 2d. 416, 420, 421, 183 Misc. 374.
defined in Bouvier's Law Dictionary
as: One who owes allegiance to the "By the modern phrase, a man
adverse belligerent. 1 Kent 73. who resides under the allegiance
He who owes a temporary but not a and protection of a hostile state for
permanent allegiance is an alien commercial purposes is to be
enemy in respect to acts done considered to all civil purposes as
during such temporary allegiance much an alien enemy' as if he were
only; and when his allegiance
born there." Hutchinson v. Brock,
11 Mass. 119, 122. Ask yourself this question, has
the State or United States, in their
"The trading with the enemy Act, tax statutes, defined the word
originally and as amended, in "resident" in its legal technical
strictly a war measure, and finds meaning? The Penelope Court
its sanction in the provision stated the legal meaning of the term
empowering Congress "to declare "resident" at page 489: "In the case
war, grant letters of Marque and of Hylton v. Brown [Case No. 6,981]
reprisal, and make rules in the Circuit Court, and cases in
concerning captures on land and this court, the following has always
water." Stoehr v. Wallace 255 U.S. been my definition of the words
'resident,' or 'inhabitant,' which in
James Montgomery my view, means the same thing. An
08/05/96 inhabitant, or resident, is a person
coming into a place with an
Knowledge is Freedom BBS intention to establish his domicile,
1-910-869-0780 – 24 HR. or per-manent residence: under this
28,000 Baud intention he takes a house, or
lodgings, as one fixed and
James Brought up the term stationary, and opens a store or
residence and my research has takes any step preparatory to do
brought forth the following which is business or in execution of this
why the gov't wants you to declare settled intention." [Emphasis
yourself as a "resident." Resident added ]
has one purpose in tax law and
commercial law. Resident is the The other legal definition for
opposite of non-resident, "Resident" "resident" can be found in Jowitt's
is legally defined in United States v. English Law Dictionary, 1977 edition
Penelope, 27 Fed. Case No. 16024, which states; "RESIDENT, An agent,
which states: "But admitting that the minister or officer residing in any
common acceptance of the word and distant place with the dignity of an
its legal technical meaning are ambassador: the chief
different, we must presume that representative of government at
Congress meant to adopt the latter.", certain princely states; Residents are
page 487. "But this is a highly penal as class of public ministers inferior
act, and must have strict to ambassadors and envoys, but, like
construction. * * * The question them, they are protected under the
seems to be whether they inserted law of nations."
'resident' without the legal meaning
generally affixed to it. If they have This bears out James' work that
omitted to express their meaning, the resident, who is a government
we cannot supply it.", page 489. agent, official, etc., is doing business
for the British Crown to collect the they have at all times an
debt of those residents who are undeniable and indefensible right
claiming citizenship of the States or to alter their form of government in
United States because that would such a manner as they think
make them subjects liable to pay the expedient." Under that gospel, the
pecuniary contribution, disguised as citizen who thinks that the
a "Gross Income Tax," to the Crown. Commonwealth's political clothes
are worn out and yet holds his
peace and does not agitate for a
new suit, is disloyal; he is a traitor.
That he may be the only one who
The United States is thinks he sees this decay does not
excuse him; it is his duty to agitate,
Still a British Colony, anyway, and it is the duty of others
Part 2 to vote him down if they do not see
the matter as he does."
BEND OVER AMERICA Congressional Record, April 9, 1934
I have always used a copy of the I know Patriots will have a hard
North Carolina Constitution time with this, because as I said
provided by the State, I should have earlier, they would have to deny
known better to take this as the final what they have been taught from an
authority. To my knowledge the early age. You have to continue to
following quote has not been in the go back in historical documents and
see if what you have been taught is and a consequent determination of
correct. The following quote is from the tenure by some unforeseen
section 25 of the 1776 North contingency, in which case the
Carolina Constitution, Declaration estate naturally results back, by a
of Rights. kind of reversion, to the original
grantor, or lord of the fee."
And provided further, that nothing
herein contained shall affect the Every person knows in what
titles or possessions of individuals manner the citizens acquired the
holding or claiming under the laws property of the soil within the limits
heretofore in force, or grants of this State. Being dissatisfied with
heretofore made by the late King the measures of the British
George II, or his predecessors, or Government, they revolted from it,
the late lords proprietors, or any of assumed the government into their
them. own hands, seized and took
possession of all the estates of the
Declaration of Rights 1776, King of Great Britain and his
North Carolina subjects, appropriated them to their
Constitution, own use, and defended their
possessions against the claims of
Great Britain, during a long and
Footnote #8 bloody war, and finally obtained a
relinquishment of those claims by
Can it be any plainer? Nobody the treaty of Paris. But this State had
reads, they take what is told to them no title to the territory prior to the
by their schools and government as title of the King of Great Britain and
gospel, and never look any further. his subjects, nor did it ever claim as
They are quick to attack anyone that lord paramount to them. This State
does because it threatens their way was not the original grantor to them,
of life, rocks the boat in other words. nor did they ever hold by any kind of
Read the following quote from a tenure under the State, or owe it any
court case: allegiance or other duties to which
an escheat is annexed. How then can
"* * * definition given by it be said that the lands in this case
Blackstone, vol. 2, p. 244. I shall naturally result back by a kind of
therefore only cite that respectable reversion to this State, to a source
authority in his own words: from whence it never issued, and
"Escheat, we may remember, was from tenants who never held under
one of the fruits and consequences it? Might it not be stated with equal
of feudal tenure; the word itself is propriety that this country
originally French or Norman, in escheated to the King of Great
which language it signifies chance Britain from the Aborigines, when
or accident, and with us denotes an he drove them off, and took and
obstruction of the course of descent,
maintained possession of their right of conquest or escheat, all the
country? At the time of the interest which the U. K. had
revolution, and before the previous to the Declaration of
Declaration of Independence, the Independence still remained with
collective body of the people had them, on every principle of law and
neither right to nor possession of the equity, because they are purchasers
territory of this State; it is true some for a valuable consideration, and
individuals had a right to, and were being in possession as cestui que
in possession of certain portions of trust under the statute for
it, which they held under grants transferring uses into possession;
from the King of Great Britain; but and citizens of this State, at the time
they did not hold, nor did any of his of the Declaration of Independence,
subjects hold, under the collective and at the time of making the
body of the people, who had no declaration of rights, their interest is
power to grant any part of it. After secured to them beyond the reach of
the Declaration of Independence any Act of Assembly; neither can it
and the establishment of the be affected by any principle arising
Constitution, the people may be said from the doctrine of escheats,
first to have taken possession of this supposing, what I do not admit,
country, at least so much of it as was that the State took by escheat."
not previously appropriated to
individuals. Then their sovereignty MARSHALL v. LOVELESS, 1 N.C.
commenced, and with it a right to all 412 (1801), 2 S.A. 70
the property not previously vested in
individual citizens, with all the other There was no way we could have
rights of sovereignty, and among had a perfected title to this land.
those the right of escheats. Once we had won the Revolutionary
War we would had to have had an
This sovereignty did not accrue to unconditional surrender by the king,
them by escheat, but by conquest, this did not take place. Not what
from the King of Great Britain and took place at Yorktown, when we let
his subjects; but they acquired the king off the hook. Barring this,
nothing by that means from the the king would have to had sold us
citizens of the State Ä each this land, for us to have a perfected
individual had, under this view of title, just as the Indians sold their
the case, a right to retain his private land to the king, or the eight
property, independent of the Carolina Proprietors sold Carolina
reservation in the declaration of back to the king. The treaty of 1783
rights; but if there could be any did not remove his claim and
doubt on that head, it is clearly original title, because he kept the
explained and obviated by the minerals. This was no different than
proviso in that instrument. when king Charles II gave Carolina
Therefore, whether the State took by by Charter to the lords that helped
put him back in power; compare Province of CAROLINA, and so from
them and you will see the end result henceforth will have it called..." The
is the same. The Charter to the Carolina Charter, 1663
lords is footnote #6, where eight
proprietors were given title to the footnote #5
land, but the king retained the
money and sovereignty for his heirs. The U.S. Constitution is a treaty
The king could not just give up between the states creating a
America to the colonialist, nor corporation for the king. In the
would he. He would violate his own below quote pay attention to the
law of Mortmain to put these lands large "S" State and the small "s"
in dead hands, no longer to be able state. The large "S" State is referring
to be used by himself, or his heirs to the corporate State and it's
and successors. He would also be sovereignty over the small "s" state,
guilty of harming his heirs and because of the treaty.
successors, by giving away that
which he declared in the following Read the following quote:
quotes, and there are similar quotes
in the other Charters: "Headnote 5. Besides, the treaty
of 1783 was declared by an Act of
"SAVING always, the Faith, Assembly of this State passed in
Allegiance, and Sovereign Dominion 1787, to be law in this State, and
due to us, our heirs and Successors, this State by adopting the
for the same; and Saving also, the Constitution of the United States in
right, title, and interest of all and 1789, declared the treaty to be the
every our Subjects of the English supreme law of the land. The
Nation which are now Planted treaty now under consideration
within the Limits bounds aforesaid, was made, on the part of the United
if any be;..." The Carolina Charter, States, by a Congress composed of
1663 deputies from each state, to whom
were delegated by the articles of
footnote #5 confederation, expressly, "the sole
and exclusive right and power of
"KNOW YE, that We, of our further entering into treaties and
grace, certain knowledge, and mere alliances"; and being ratified and
motion, HAVE thought fit to Erect made by them, it became a
the same Tract of Ground, Country, complete national act, and the act
and Island into a Province, and, out and law of every state.
of the fullness of our Royal power
and Prerogative, WE Do, for us, our If, however, a subsequent sanction
heirs and Successors, Erect, of this State was at all necessary to
Incorporate, and Ordain the same make the treaty law here, it has
into a province, and do call it the been had and repeated. By a statute
passed in 1787, the treaty was
declared to be law in this State, and Your presence in the State
the courts of law and equity were makes you subject to its laws, read
enjoined to govern their decisions the following quote:
accordingly. And in 1789 was
adopted here the present "The states are to be considered,
Constitution of the United States, with respect to each other, as
which declared that all treaties independent sovereignties,
made, or which should be made possessing powers completely
under the authority of the United adequate to their own government,
States, should be the supreme law in the exercise of which they are
of the land; and that the judges in limited only by the nature and
every state should be bound objects of government, by their
thereby; anything in the respective constitutions and by that
Constitution or laws of any state to of the United States. Crimes and
the contrary not withstanding. misdemeanors committed within
Surely, then, the treaty is now law the limits of each are punishable
in this State, and the confiscation only by the jurisdiction of that state
act, so far as the treaty interferes where they arise; for the right of
with it, is annulled." punishing, being founded upon the
consent of the citizens, express or
"By an act of the Legislature of implied, cannot be directed against
North Carolina, passed in April, those who never were citizens, and
1777, it was, among other things, who likewise committed the offense
enacted, "That all persons, being beyond the territorial limits of the
subjects of this State, and now state claiming jurisdiction. Our
living therein, or who shall Legislature may define and punish
hereafter come to live therein, who crimes committed within the State,
have traded immediately to Great whether by citizen or strangers;
Britain or Ireland, within ten years because the former are supposed to
last past, in their own right, or have consented to all laws made by
acted as factors, storekeepers, or the Legislature, and the latter,
agents here, or in any of the United whether their residence be
States of America, for merchants temporary or permanent, do
residing in Great Britain or impliedly agree to yield obedience
Ireland, shall take an oath of to all such laws as long as they
abjuration and allegiance, or remain in the State;"
depart out of the State." Treaties
are the "Law of the Land" STATE v. KNIGHT, 1 N.C. 143
HAMILTON v. EATEN, 1 N.C. 641 (1799), 2 S.A. 70
(1796), HAMILTON v. EATEN. Ä 2
Mart., 1. U.S. Circuit Court. (June Do you understand now? The
Term, 1796.) treaty, the corporate Charter, the
North Carolina Constitution, by January and July for the sittings.
proxy of the electorates, created Vacancies on the Court were filled
residence in the large "S" State. Not temporarily by the Governor, with
by some further act you made. So the assistance and advice of the
how can expatriation from the Council of State, until the end of the
United States, remove your next session of the state General
residence in the "State", which was Assembly." >From the internet,
created by treaty, ratified by our address can be made available.
Fore Fathers. As soon as the
corporate Charter (treaty) was Council of State
ratified we returned to subjection to
the king of England, through the What is the Council of State, and
legal residence created by the where did it originate?
treaty. Remember in the quote I
gave earlier, by treaty we recanted III. "The one of which councils, to
our declared freedom, and returned be called the council of state (and
to the king his sovereignty and title. whose office shall chiefly be
In the following quote you will see assisting, with their care, advice,
that the State supreme court sits by and circumspection, to the said
being placed by the general governor) shall be chosen,
assembly: nominated, placed, and displaced,
from time to time, by us the said
NC Supreme Court History Supreme treasurer, council and company,
Court of North Carolina A Brief and our successors: which council
History: of state shall consist, for the present
only of these persons, as are here
"The legal and historical origins of inserted,..."
the Supreme Court of North
Carolina lie in the State IV. "The other council, more
Constitution of 1776, which generally to be called by the
empowered the General Assembly governor, once yearly, and no
to appoint; Judges of the Supreme oftener, but for very extraordinary
Courts of Law and Equity; and; and important occasions, shall
Judges of Admiralty.....The first consist for the present, of the said
meeting of the Court took place on council of state, and of two
January 1, 1819. The Court began burgesses out of every town,
holding two sittings, or ; terms, ; a hundred, or other particular
year, the first beginning on the plantation, to be respectively
second Monday in June and the chosen by the inhabitants: which
second on the last Monday in council shall be called The General
December. This schedule endured Assembly, wherein (as also in the
until the Constitution of 1868 said council of state) all matters
prescribed the first Mondays in shall be decided, determined, and
ordered by the greater part of the shall be solemnly ratified and
voices then present; reserving to confirmed, in a general quarter
the governor always a negative court of the said company here in
voice. And this general assembly England, and so ratified, be
shall have free power, to treat, returned to them under our seal; it
consult, and conclude, as well of all being our intent to afford the like
emergent occasions concerning the measure also unto the said colony,
public weal of the said colony and that after the government of the
every part thereof, as also to make, said colony shall once have been
ordain, and enact such general well framed, and settled
laws and orders, for the behoof of accordingly, which is to be done by
the said colony, and the good us, as by authority derived from his
government thereof, as shall, from majesty, and the same shall have
time to time, appear necessary or been so by us declared, no orders of
requisite;..." An Ordinance and court afterwards, shall bind the
Constitution of the Virginia said colony, unless they be ratified
Company in England. Footnote #4 in like manner in the general
assemblies. In witness whereof we
The job of the 1st Council of have hereunto set our common seal
State was to make sure the governor the 24th of July, 1621. . . .An
followed the kings wishes. The 2nd Ordinance and Constitution of the
was the general assembly, the laws Virginia Company in England.
they passed had to conform to the footnote #4
king's law.
The Council of State still exists
Read the following quote: to day, although it has been
modified several times. The first
V. Whereas in all other things, we major change came in the 1776,
require the said general assembly, North Carolina Constitution, read
as also the said council of state, to the below quotes:
imitate and follow the policy of the
form of government, laws, customs, 16. "That the senate and house of
and manner of trial, and other commons, jointly, at their first
administration of justice, used in meeting, after each annual election,
the realm of England, as near as shall, by ballot, elect seven persons
may be even as ourselves, by his to be a council of state for one
majesty's letters patent, are year; who shall advise the
required. governor in the execution of his
office; and that four members shall
VI. Provided, that no law or be a quorum; their advice and
ordinance, made in the said general proceedings shall be entered in a
assembly, shall be or continue in journal, to be kept for that purpose
force or validity, unless the same only, and signed by the members
present; to any part of which any the governor, or speaker of the
member present may enter his senate, or until a new nomination is
dissent. And such journal shall be made by the general assembly."
laid before the general assembly
when called for by them." footnote #9
TO HAVE, use, exercise, and enjoy, TO BE HELD of us, our heirs and
and in as ample manner as any Successors as of our Manor of East
Bishop of Durham, in our Kingdom Greenwich, in our County of Kent, in
of England, ever heretofore have Free and Common Soccage, and not
held, used, or enjoyed, or of right in Capite nor by knight's Service;
ought or could have, use, or enjoy;
YIELDlNG AND PAYING yearly, to
AND them, the said Edward, Earl of us, our heirs and Successors, for the
Clarendon; George, Duke of same, the yearly Rent of Twenty
Albemarle; William, Lord Craven, Marks of Lawful money of England,
John, Lord Berkley; Anthony, Lord at the Feast of All Saints, yearly,
Ashley; Sir George Carterett; Sir forever, The First payment thereof
William Berkley; and Sir John to begin and be made on the Feast of
Colleton, their heirs and assigns, All Saints which shall be in the year
WE DO, by these presents, for us, of Our Lord One thousand six
our heirs and Successors, make, hundred Sixty and five ; AND also,
Create, and Constitute the true and the fourth part of all Gold and Silver
absolute Lords and Proprietaries of Ore which, with the limits aforesaid,
the Country aforesaid, and of all shall, from time to time, happen to
other the premises; be found.
73. Since multiplicity of Comments, 79. The time of every one's Age shall
as well as of laws, have great be Recorded from the day that his
inconveniences, and Serve only to Birth is entered in the Registry, and
obscure and perplex, all manner of not before.
comments and expositions on any
part of these fundamental 80. No Marriage shall be lawful,
constitutions, or on any part of the whatever Contract or Ceremonies
Common or Statute law of Carolina, they have used till both the parties
are absolutely prohibited. mutually own it before the Colony
Register, and he enter it, with the
74. There shall be a Registry in every names of the Father and mother of
precinct, wherein shall be enrolled such party.
all deeds, Leases, Judgments, or
other conveyances which may 81. No man shall administer to the
concern any of the land within the goods, or have right to them, or
Said Precinct; and all Such enter upon the Estate, of any person
conveyances not so entered or deceased till his death be Registered
Registered shall not be of force in the Colony Registry.
against any person not privy to the
Said contract or conveyance. 82. He that does not enter in the
Colony Registry the death or Birth of
75. No man shall be Register of any any person that dies in his house or
Precinct who has not at least three ground shall pay to the said Register
hundred acres of Freehold within one shilling per week for each Such
the Said Precinct. neglect, Reckoning from the time of
each death or birth respectively to
76. The freeholders of every Precinct the time of Registering it.
shall nominate three men, out of 83. In like manner, the births,
which three the Chief Justice court Marriages, and deaths of the Lords
shall choose and Commission one to Proprietors, Landgraves, and
be Register of the Said precinct, Caciques shall be Registered in the
whilst he shall well behave him self. Chamberlain's Court.
77. There shall be a Registry in every 84. There shall be in every Colony
Colony, wherein shall be Recorded one Constable, to be Chosen
all the Births, Marriages, and deaths annually by the Freeholders of the
that shall happen within the said Colony, his Estate to be above one
Colony. hundred acres of Freehold within
the Said Colony; and Such
Subordinate officers appointed for whereof, upon what pretence soever,
his assistance as the precinct court cannot be without great offence to
shall find requisite, and shall be Almighty God, and great Scandal to
Established by the Precinct court; the true Religion that we profess;
the Election of the Subordinate and also, that heathens, Jews, and
annual officers shall be also in the other dissenters from the purity of
Freeholders of the Colony. Christian Religion may not be
Scared and kept at a distance from
85. All Towns incorporate shall be it, but, by having an opportunity of
Governed by a Mayor, twelve acquainting them selves with the
Aldermen, and twenty four of the truth and reasonableness of its
Common Council; the Said Common Doctrines, and the peaceableness
Council to be chosen by the present and inoffensiveness of its professors,
householders of the Said Town; and may, by good usage and persuasion,
the Aldermen to be Chosen out of and all those convincing Methods of
the Common Council, and the Gentleness and meekness Suitable
Mayor out of the Aldermen, by the to the Rules and design of the
Palatine and the Proprietors. Gospel, be won over to embrace and
unfeignedly receive the truth:
86. No man shall be permitted to Therefore, any Seven or more
be a Freeman of Carolina, or to have persons agreeing in any Religion
any Estate or habitation within it, shall constitute a church or
that does not acknowledge a God, profession, to which they shall give
and that God is publicly and Some name to distinguish it from
Solemnly to be worshipped. others.
87. But since the Natives of that
place, who will be concerned in our 88. The terms of admittance and
Plantations, are utterly Strangers to communion with any church or
Christianity, whose Idolatry, profession shall be written in a book
Ignorance, or mistake gives us no and therein be Subscribed by all the
right to expel or use them ill; and members of the said church or
those who remove from other parts profession.
to Plant there will unavoidably be of
different opinions concerning 89. The time of every one's
matters of Religion, the liberty Subscription and admittance shall
whereof they will expect to have be dated in the said book, or record.
allowed them, and it will not be
reasonable for us, on this account, to 90. In the terms of Communion of
keep them out- that Civil peace may every church or profession, these
be maintained amidst the diversity following shall be three, without
of opinions, and our agreement and which no agreement or assembly of
compact with all men may be duly men upon pretence of Religion shall
and faithfully observed, the violation be accounted a Church or Profession
within these Rules: 95. Any person Subscribing the
terms of Communion of any church
1. That there is a God. or profession in the Record of the
2. That God is publicly to be said church before the Precinct
worshipped. Register and any one member of the
3. That it is lawful, and the duty of church or profession shall be
every man, being thereunto called thereby made a member of the Said
by those that Govern, to bear church or profession.
witness to truth; and that every
church or profession shall, in their 96. Any person striking out his own
Terms of Communion, Set down the name out of any Record, or his name
External way whereby they witness a being struck out by any officer
truth as in the presence of God, thereunto Authorized by any church
whether it be by laying hands on and or profession, shall cease to be a
Kissing the Gospel, as in the member of that Church or
Protestant and Papist Churches, or profession.
by holding up the hand, or any other
Sensible way. 97. No person shall use any
reproachful, Reviling, or abusive
91. No person above seventeen language against the Religion of any
years of Age shall have any benefit Church or Profession, that being the
or protection of the law, or be certain way of disturbing the public
capable of any place of profit or peace, and of hindering the
honor, who is not a member of Some conversion of any to the truth, by
church or profession, having his engaging them in Quarrels and
name recorded in Some one, and but animosities, to the hatred of the
one Religion Record at once. professors and that profession,
which otherwise they might be
92. The Religious Record of every brought to assent to.
church or profession shall be kept by
the public Register of the Precinct 98. Since Charity obliges us to wish
where they reside. well to the Souls of all men, and
Religion ought to alter nothing in
93. No man of any other Church or any man's civil Estate or Right, It
profession shall disturb or molest shall be lawful for Slaves, as all
any Religious Assembly. others, to enter them selves and be
of what church any of them shall
94. No person whatsoever shall think best, and thereof be as fully
speak any thing in their Religious members as any freemen. But yet,
assembly Irreverently or Seditiously no Slave shall hereby be exempted
of the Government or Governors or from that civil dominion his Master
States matters. has over him, but be in all other
things in the same State and
condition he was in before. time, to take a new Survey of any
man's land, not to out him of any
99. Assemblies, upon what part of his possession, but that by
pretence soever of Religion, not Such a Survey, the Just number of
observing and performing the above acres he possesses may be known,
said Rules shall not be Esteemed as and the Rent thereupon due may be
churches, but unlawful meetings, paid by him.
and be punished as other Riots.
104. All wrecks, mines, minerals,
100. No person whatsoever shall Quarries of Gems and precious
disturb, molest, or persecute stones, with whale fishing, [Pearl
another for his speculative opinions fishing], and one half of all
in Religion or his way of worship. ambergris, by whom soever found,
shall wholly belong to the
101. Every Freeman of Carolina Proprietors.
shall have absolute Authority over
his Negro Slaves, of what opinion or 105. All Revenues and profits
Religion soever. arising out of any thing but their
distinct particular Lands and
102. No person whatsoever shall possessions shall be divided into ten
hold or claim any land in Carolina, parts, whereof the Palatine shall
by Purchase or gift or otherwise, have three, and each Proprietor one;
from the Natives or any other but if the Palatine shall Govern by a
person whatsoever, but merely from Deputy, his Deputy shall have one of
and under the [Lords] Proprietors, those three tenths, and the Palatine
upon pain of forfeiture of all his the other two tenths.
Estate, moveable or unmoveable,
and perpetual Banishment. 106. All Inhabitants and freemen of
Carolina above seventeen years of
103. Whoever shall possess any Age and under Sixty shall be bound
Freehold in Carolina, upon what to bear Arms and serve as Soldiers
Title or grant soever, shall, at the whenever the grand Council shall
farthest, from and after the year find it necessary.
1689, pay yearly unto the
Proprietors for each acre of Land, [No 107 in manuscript]
English measure, as much fine
Silver as is at this present in one 108. A true Copy of these
English penny, or the Value thereof, Fundamental Constitutions shall be
to be as a Chief Rent and kept in a great book by the Register
acknowledgment of the Proprietors, of every precinct, to be Subscribed
their heirs and Successors, for ever; before the said Register. Nor shall
and it shall be lawful for the any person, of what condition or
proprietors, by their Officers, at any degree soever, above seventeen
years Old, have any Estate or
possession in Carboline, or Revisions in the Version of July 21,
protection or benefit of the law 1669
there, who has not Subscribed these
fundamental constitutions in this Article 2 was struck out and the
form: following was substituted: The
eldest of the Lords Proprietors shall
I, A. B., do promise to bear faith be Palatine; and upon the decease of
and true allegiance to our sovereign the Palatine, the Eldest of the Seven
Lord King Charles the Second; and Surviving Proprietors shall always
will be true and faithful to the succeed him.
[ Palatine and ] Lords Proprietors of
Carolina; and, with my utmost Article 6 was revised to read as
power, will defend them and follows: At any time before the year
maintain the Government, 1701, any of the Lords Proprietors
according to this Establishment in shall have power to relinquish,
these fundamental constitutions. Alienate, and dispose, to any other
person, his Proprietorship, and all
109. And whatsoever Alien shall, in the Seigniories, powers, and Interest
this form, before any Precinct thereunto belonging, wholly and
Register, Subscribe these entirely together, and not otherwise.
fundamental Constitutions shall be But after the year 1700, those who
thereby Naturalized. are then Lords Proprietors shall not
have power to Alienate, make over,
110. In The Same manner shall or let their proprietorship, with the
every person at his admittance into Seigniories and privileges thereunto
any Office Subscribe these belonging, or any part thereof, to
fundamental constitutions. any person whatsoever, otherwise
than as in article 18, but it shall
111. These fundamental descend unto their heirs male; and
constitutions, [in number 111], and for want of heirs male, it shall
every part thereof, shall be, and descend on that Landgrave or
remain as, the Sacred unalterable Cacique of Carolina who is
form and Rule of Government [of descended of the next heir female of
Carolina] for ever. Witness our the said Proprietor; and for want of
hands and Seals, this twenty first Such heirs, it shall descend on the
day July, in the year of our Lord next heir general; and for want of
1669. Such heirs, the remaining Seven
proprietors shall, upon the Vacancy,
Footnote #6 choose a Landgrave to succeed the
deceased proprietor, who being
THE FUNDAMENTAL chosen by the majority of the Seven
CONSTITUTIONS Surviving proprietors, he and his
heirs Successively shall be them separately, nominate and
proprietors as fully, to all intents choose one Landgrave and two
and purposes, as any of the rest. Caciques to be the eight Landgraves
and the sixteen Caciques for the
Article 7 was revised to read as eight first Counties to be Planted;
follows: And that the number of and when the said eight Counties
eight Proprietors may be constantly shall be planted, the proprietors
kept, if, upon the vacancy of any shall, in the same manner, nominate
Proprietorship, the Surviving Seven and Chose eight more Landgraves
Proprietors shall not choose a and sixteen Caciques for the eight
Landgrave as a Proprietor before the next Counties to be appeal planted;
Second Biennial Parliament after and so proceed, in the same manner,
the vacancy, then the next Biennial till the whole province of Carolina be
Parliament but one after Such set out Land and planted according
vacancy shall have power to choose to the proportions in these
any Landgrave to be Proprietor; but fundamental Constitutions.
whosoever after the year 1700,
either by inheritance or choice, shall Article 12 was revised to read as
Succeed any Proprietor in his follows: That the due number of
proprietorship, and Seigniories Landgraves and Caciques may be
thereunto belonging, shall be always kept up, if, upon the
obliged to take the name and Arms devolution of any Landgraveship or
of that proprietor whom he Caciqueship The Palatine's Court
Succeeds, which from thenceforth shall not settle the devolved dignity,
shall be the name and Arms of his with the Baronies thereunto
Family and their posterity. annexed, before the Second biennial
Parliament after Such devolution,
Article 8 was struck out and the the next Biennial Parliament but
following was submitted: one after such devolution shall have
Whatsoever Landgrave or Cacique power to make any one Landgrave
shall any way come to be a or Cacique in the Room of him, who
Proprietor shall take the Seigniories dying with out heirs, his dignity and
annexed to the said Proprietorship, Baronies devolved.
but his former dignity, with the
Baronies annexed, shall devolve into Article 13 was revised to read as
the hands of the Lords Proprietors. follows: No one person shall have
more than one dignity, with the
Article 10 was revised to read as Seigniories of Baronies thereunto
follows: The first Landgrave and belonging; but whensoever it shall
Caciques of every County shall be happen that any one who is already
nominated, not by the Joint election Proprietor, Landgrave, or Cacique
of the Proprietors all together, but shall have any of those dignities
the eight Proprietors shall, each of descend to him by inheritance, it
shall be at his choice to keep which forty shillings to the Lords
of the two dignities, with the Lands Proprietors' use, shall have an
annexed, he shall like best, but shall appeal from t the Seigniory or
leave the other, with the lands Barony Court to the County Court,
annexed to be enjoyed by him who, and from the Manor Court to the
not being his heir apparent, and precinct Court.
certain successor to his present
dignity, is next of blood, unless Article 19 was revised to read as
when a Landgrave or Cacique comes follows:
to be proprietor, and then his Every Manor shall consist of not less
former dignity and Baronies shall than three thousand Acres and not
devolve as in Article 8. above twelve thousand Acres in one
entire piece; but any three thousand
Article 16 was revised to read as acres or more in one piece and the
follows: After the year 1700, possession of one Man shall not be a
whatsoever Landgrave or Cacique manor unless it be constituted a
shall, without leave from the manor by the grant of the Palatine's
Palatine's Court, be out of Carolina Court.
during two successive biennial
Parliaments shall, at the end of the Article 22 was revised to read as
second biennial Parliament after follows: In every Seigniory, Barony,
such his absence, be summoned by and manor, all the Leet men shall be
Proclamation; and if he come not under the Jurisdiction of the
into Carolina before the next respective Lord of the said
biennial Parliament after Such Seigniory, Barony, or Manor,
Summons, then the Grand Council without appeal from him; nor shall
shall have power thence forward to any Leet man or Leet woman have
receive all the rents and profits liberty to go off from the Land of his
arising out of his Baronies until his particular Lord and live any where
return or death, and to dispose of else without Licences obtained from
the said profits as they shall think his Said Lord, under hand and Seal.
fit.
Article 24 was revised to read as
Article 17 was revised to read as follows: No man shall be capable of
follows: In every Seigniory, Barony, having a Court Leet or Leet men but
and Manor, the respective Lord shall a Proprietor, Landgrave, or Cacique,
have power, in his own name, to or Lord of a Manor. Nor shall any
hold Court there, for trying of all man be a Leet man who has not
causes, both Civil and Criminal; But voluntarily entered himself a Leet
where it shall concern any 2 person man in the Registry of the County
being no inhabitant, vassal, or Leet Court.
man of the said Barony, Seigniory,
or manor, he, upon paying down of Article 25 was revised to read as
follows: Whoever is Lord of Leet Caciques, or younger Sons of
men shall, upon the marriage of a Proprietors. |
Leet man or Leet woman of his, give
them ten Acres of Land for their Article 28 was revised to read as
lives, they paying to him therfor not follows: Out of these Colleges shall
more than one eighth of all yearly be Chosen Six Councillors to be
produce and growth of the said ten joined with each Proprietor in his
acres. Court; of which six, one shall be of
those who were Chosen into any of
Article 26 was struck out and the the Colleges by the Palatine's Court
following was submitted: No out of the Landgraves, Caciques, or
Landgrave or Cacique shall be tried Eldest Sons of Proprietors; one out
for any criminal cause in any but in of those who were chosen by the
the Chief Justice Court, and that by Landgrave's Chamber; and one out
a jury of his peers. of those who were Chosen by the
Caciques' Chamber; two out of those
Article 27 was revised to read as who were Chosen by the Commons'
follows: There shall be eight Chamber; and one out of those who
supreme Courts, the first, Called the were Chosen by the Palatine's Court
Palatine's Court, consisting of the out of the Proprietors' younger Sons,
Palatine and the other Seven or Eldest Sons of Landgraves or
Proprietors. The other seven courts Caciques, or Commons Qualified as
of the other 8 to him; under each of aforesaid.
these latter seven Courts shall be a
College of twelve assistants. f ' The Article 30 was revised to read as
twelve assistants of the Several follows: No man being a member of
Colleges shall be Chosen: two out of the grand Council or of any of the
the Landgraves, by the Landgraves' seven Colleges shall be turned out
Chamber; two out of the Caciques, but For misdemeanor, of which the
by the Caciques' Chamber; two out grand Council shall be Judge; and
of the Landgraves, Caciques, or the vacancy of the person so put out
Eldest sons of the Proprietors, by shall be filled, not by the Election of
the Palatine's Court; four more of the grand Council, but by those who
the twelve shall be chosen by the first chose him, and out of the same
Commons' Chamber out of such as degree he was of who is expelled.
have been or are members of But is not hereby to be understood
Parliament, Sheriffs, or Justices of that the Grand Council has any
the County Court; the other two power to turn out any one of the
shall be Chosen by the Palatine's Lords Proprietors, or their Deputies,
Court out of the aforesaid members The Lords Proprietors having in
of Parliament, or Sheriffs, or themselves an inherent original
Justices of the County Court, or the right.
Eldest sons of Landgraves or
Palatine's Court shall pass, etc. And
Article 32 was revised to read as it shall not be lawful to put the Seal
follows: The Palatine's Court shall of the Palatinate to any Writing
consist of the Palatine and Seven which is not signed by the Palatine,
Proprietors, wherein nothing shall or his Deputy, and three other
be acted without the presence and Proprietors, or their Deputies. To
consent of the Palatine, or his this Court, also, belongs all state
Deputy, and three others of the matters, dispatches, and treaties,
Proprietors, or their deputies. This with the Neighbour Indians or any
Court shall have power to call other, so far forth as is permitted by
Parliaments, to pardon all Offences, our Charter from our Sovereign
to make Elections of all Officers in Lord the King. To this Court, also,
the Proprietors' dispose, to belongs all Invasions of the Law of
nominate and appoint port towns; Liberty of conscience, and all
and also, shall have power, by their disturbances of the public peace
Order to the Treasurer, to dispose of upon pretence of Religion, as also,
all public Treasure, excepting money the Licence of printing. The twelve
granted by the Parliament and by assistants belonging to this Court
them directed to some particular shall be called Recorders.
public use; and also, shall have a
Negative upon all Acts, Orders, Article 37 was revised to read as
Votes, and Judgments of the grand follows; The Admiral's Court,
Council and the Parliament. Except consisting of one of the Proprietors
only as in Articles 7 and 12; and also, and his Six Councillors, called
shall have a negative upon all Acts Consuls, shall have the care and
and orders of the Constable's Court inspection over all ports, Moles, and
and Admiral's Court relating to Navigable Rivers so far as the Tide
wars; And shall have all the powers flows; and also, all the public
granted to the Proprietors by their Shipping of Carolina, and stores
patent from our Sovereign Lord The thereunto belonging, and all
King, except in such things as are maritime affairs. This Court, also,
limited by these fundamental shall have the power of the Court of
constitutions. Admiralty, and also, to hear and try
by Law-Merchant all cases in
Article 34 was revised to read as Matters of Trade between the
follows: The Chancellor's Court, Merchants of Carolina amongst
consisting of one of the Proprietors them selves, arising without the
and his six Councillors, who shall be limits of Carolina; as also, all
called vice-chancellors, shall have controversies in Merchandising that
the Custody of the Seal of the shall happen between Denizens of
Palatinate, under which all charters, Carolina and foreigners. The twelve
of Lands or otherwise, Assistants belonging to this court
Commissions, and grants of the shall be called proconsuls. In time of
actual war, the High Admiral, whilst called Comptrollers, shall have the
he is at Sea, Shall command in chief, care of all foreign and domestic
and his Six Councillors, or such of Trade, Manufactures, public
them as the Palatine's Court shall for buildings and workhouses, high
that time and service appoint, shall ways, passages by water above the
be the immediate great officers flood of the Tide, drains, sewers and
under him, and the proconsuls next Banks against inundations, Bridges,
to them. Posts, Carriers, Fairs, Markets,
Corruptions or infections of the
Article 39 was revised to read as common air and water, and all
follows: The High Steward's court, things in order to public commerce
consisting of a proprietor and his six and health....
Councillors, who shall be called
Comptrollers, shall have the care of [Nothing in the manuscript
all foreign and domestic Trade, indicates which revision of Article
Manufactures, public buildings and 39 was adopted, but the latter
workhouses, high ways, passages by appears in the March 1, 1670,
water above the flood of the Tide, version. ]
drains, sewers and Banks against
inundations, Bridges, Posts, Article 40 was first revised to read
Carriers, Fairs, Markets, and all as follows: This Court shall have
things in order to trade and travel, power, also, to make any public
and any thing that may corrupt, building or any new high way, or
deprave, or infect the common Air enlarge any old high way, upon any
or water, and all other things Man's Land whatsoever; as also, to
wherein the Public commerce or make cuts, Channels, Banks, locks,
health is concerned; and also, the and Bridges, for making Rivers
setting out and surveying of lands; Navigable, for draining of Fens, or
and also, the setting out and any other public uses; the damage
appointing places for towns to be the owner of such land, on or
built on in the Precincts, and the through which any such public thing
prescribing and determining the shall be made, shall receive therby
Figure and bigness of the said shall be valued by a Jury of twelve
Towns according to such Models as men of the Precinct in which any
the said court shall order, contrary such thing is done, and satisfaction
or differing from which Models it shall be made accordingly by a Tax,
shall not be lawful for any one to either on the County or that
build in any Town. particular precinct, as the grand
Council shall think fit to order in
Another revision of Article 39 that particular case. And if it be a
reads as follows: The High Steward' Seigniory or Barony on or through
court, consisting of a proprietor and which any such public thing shall be
his six Councillors, who shall be made, then the damage the owner of
the said Seigniory or Barony shall Councillors of the Several
receive thereby shall be valued by Proprietors' Courts; who shall have
the High Steward's Court, and power to determine any
satisfaction shall be made Controversies that may arise
accordingly by a tax on the County. between any of the Proprietors'
The twelve assistants belonging to Courts about their respective
this Court shall be called Surveyors. Jurisdictions, or between the
Members of one and the same Court
Article 40 was finally revised to about their manner and methods of
read as follows: This Court shall proceeding; to make peace and war,
have power, also, to make any public Leagues, Treaties, etc., with any of
building or any new high way, or the Neighbour Indians; To issue out
enlarge any old high way, upon any their General Orders to the
Man's Land whatsoever; as also, to Constable's and Admiral's Court for
make cuts, Channels, Banks, locks, the Raising, disposing, or
and Bridges, for making Rivers disbanding the Forces, by land or by
Navigable, for draining of Fens, or Sea; to prepare all matters to be
any other public uses; the damage proposed in Parliament; nor shall
the owner of such land, on or any matter whatsoever be proposed
through which any such public thing in Parliament but what his first
shall be made, shall receive thereby passed the Grand Council, which,
shall be valued, and satisfaction after having been read three several
made, by such ways as the Grand days in the Parliament, shall be
Council shall appoint. The twelve passed or rejected.
assistants belonging to this Court
shall be called Surveyors. Article 54 was revised to read as
follows: Each Proprietor's deputy
Article 45 was struck out and the shall be always one of their own Six
fouling was substituted: In all the Councillors respectively; And in case
Proprietors' Courts, the Proprietor any of the Proprietors has not, in his
and any three of his Councillors absence out of Carolina, a Deputy in
shall make a Quorum; Provided Carolina, commissioned under his
always, that, for the better dispatch hand and seal, the Eldest Nobleman
of business, it shall be in the power of his Court shall of course be his
of the Palatine's Court to direct what Deputy.
sort of causes shall be heard and
determined by a Quorum of any Article 55 was struck out and the
three. following was substituted: In Every
County there shall be a Court,
Article 46 was revised to read as consisting of a Sheriff and four
follows: The grand Council shall Justices of the County Court, for
consist of the Palatine, and Seven Every precinct one. The Sheriff Shall
Proprietors, and the forty two be an inhabitant of this County and
have at least five hundred acres of assemble them on forty days' notice,
freehold within the said County; and at Such time and place as the said
the Justices Shall be inhabitants and Court shall think fit; and the
have, each of them, five hundred Palatine's Court shall have power to
acres apiece in the precinct for dissolve the said Parliament when
which they Serve respectively. These they Shall think fit.
five Shall be chosen, commissioned
from time to time by the Palatine's Article 71 was revised to read as
Court. follows: Any Proprietor, or his
Deputy, may enter his Protestation
Article 57 was revised to read as against any act of the Parliament,
follows: In every Precinct there shall before the Palatine or his deputy's
be a Court, consisting of a Steward consent be given as aforesaid, if he
and four Justices of the Precinct, shall conceive the said act to be
being Inhabitants and having three contrary to this Establishment or
hundred Acres of Freehold within any of these Fundamental
the said Precinct; who shall Judge Constitutions of the Government;
all Criminal causes, except for and in Such case, after a full and free
Treason, Murder, and any other debate, the several Estates shall
offences punished with death and all retire into four several Chambers,
criminal causes of the Nobility; and the Palatine and Proprietors into
all civil causes whatsoever, and in all one, the Landgraves into another,
personal actions not exceeding fifty and the Caciques into another, and
pounds without appeal; but where those Chosen by the Precincts into a
the Cause shall exceed that Value, or fourth; and if the major part of any
concern a Title of land, and in all of these four Estates shall Vote that
Criminal causes, there, either party, the law is not agreeable to this
upon paying five pounds to the Establishment and these
Proprietors' use, shall have Liberty fundamental constitution of the
of appeal unto the County Court. Government, then it shall pass no
further, but be as if it had never
Article 67 was revised to read as been proposed. The Quorum of the
follows: A new Parliament shall be Parliament shall be one half of those
assembled the first Monday of the who are members and capable of
Month of November every second sitting in the house that present
year, and shall meet and Sit in the session of Parliament. The Quorum
Town they last Sat in, without any of each of the Chambers of
Summons, unless by the Palatine's Parliament shall be one half of the
Court they be Summoned to meet at members of that Chamber.
any other place; and if there shall be
any occasion of a Parliament in Article 74 was revised to read as
these Intervals, it shall be in the follows: There shall be a Registry in
power of the Palatine's Court to every precinct, wherein shall be
enrolled all deeds, Leases, Birth or any person that dies or is
Judgments, mortgages, or other born in his house or ground shall
conveyances which may concern any pay to the said Register one shilling
of the land within the Said Precinct; per week for each Such neglect,
and all Such conveyances not so Reckoning from the time of each
entered or Registered shall not be of death or birth respectively to the
force against any person not privy to time of Registering it.
the Said contract or conveyance.
Article 84 was revised to read as
Article 77 was revised to read as follows: There shall be in every
follows: There shall be a Registry in Colony one Constable, to be Chosen
every Seigniory, Barony, and annually by the Freeholders of the
Colony, wherein shall be Recorded Colony, his Estate to be above one
all the Births, Marriages, and deaths hundred acres of Freehold within
that shall happen within the said the Said Colony; and Such
Colony. Subordinate officers appointed for
his assistance as the County Court
Article 79 was revised to read as shall find requisite, and shall be
follows: The time of every one's Age Established by the said County
that is born in Carolina shall be court; the Election of the
Reckoned from the day that his Subordinate annual officers shall be
Birth is entered in the Registry, and also in the Freeholders of the
not before. Colony.
10. That excessive bail should not be 16. That the people of this State
required, nor excessive fines ought not to be taxed, or made
imposed, nor cruel nor unusual subject to the payment of any
punishments inflicted. impost, or duty, without the consent
of themselves, or their
11. That general warrants, whereby representatives in the general
any officer or messenger may be assembly freely given.
commanded to search suspected
places, without evidence of the fact 17. That the people have a right to
committed, or to seize any person or bear arms, for the defense of the
persons not named, whose offenses State; and as standing armies, in
are not particularly described, and time of peace, are dangerous to
supported by evidence, are liberty, they ought not to be kept up;
dangerous to liberty, and ought not and that the military should be kept
to be granted. under strict subordination to, and
governed by, the civil power.
12. That no freeman ought to be
taken, imprisoned, or disseized of 18. That the people have a right to
his freehold, liberties, or privileges, assemble together, to consult for the
or outlawed or exiled, or in any common good, to instruct their
manner destroyed, or deprived of representatives, and to apply to the
his life, liberty or property, but by legislature for redress of grievances.
the law of the land.
13. That every freeman restrained of 19. That all men have a natural and
his liberty is entitled to a remedy, to unalienable right to worship
inquire in to the lawfulness thereof, Almighty God according to the
and to remove the same, if unlawful; dictates of their own conscience.
and that such remedy ought not to
be denied or delayed. 20. That, for redress of grievances,
and for amending and strengthening
14. That in all controversies at law, the laws, elections ought to be often
respecting property, the ancient held.
mode of trial by jury is one of the
21. That a frequent recurrence to County), and running from thence a
fundamental principles is absolutely northwest course, through the
necessary to preserve the blessings boundary-house, which stands in
of liberty. thirty-three degrees fifty-six
minutes, to a thirty-five degrees
22. That no hereditary emoluments, north latitude; and from thence a
privileges, or honors ought to be west course, so far as is mentioned
granted or conferred in this State. in the charter of King Charles II to
the late proprietors of Carolina.
23. That perpetuities and Therefore, all the territory, seas,
monopolies are contrary to the waters, and harbors, with their
genius of a free State, and ought not appurtenances, lying between the
to be allowed. line above described, and the
southern line of the State of
24. That retrospective laws, Virginia, which begins on the
punishing acts committed before the seashore, in thirty-six degrees thirty
existence of such laws, and by them minutes north latitude, and from
only declared criminal, are thence runs west, agreeable to the
oppressive, unjust, and said charter of King Charles, are the
incompatible with liberty; right and property of the people of
wherefore, no ex post facto law this State, to be held by them in
ought to be made. sovereignty: any partial line, without
the consent of the legislature of this
25. The property of the soil, in a free State, at any time thereafter directed
government, being one of the or laid out, in any wise
essential rights of the collective body notwithstanding: provided always,
of the people, it is necessary, in that this declaration of right shall
order to avoid future disputes, that not prejudice any nation or nations
the limits of the State should be of Indians, from enjoying such
ascertained with precision: and as hunting grounds as may have been,
the former temporary line between or hereafter shall be secured to
North and South Carolina was them, by any former or future
confirmed, and extended by legislature of this State: And
commissioners, appointed by the provided also, that it shall not be
legislatures of the two States, construed so as to prevent the
agreeable to the order of the late establishment of one or more
King George II in council, that line, governments westward of this State,
and that only, should be esteemed by consent of the legislature: And
the southern boundary of this State; provided further, that nothing
that is to say, beginning on the herein contained shall affect the
seaside at a cedar stake at or near titles or possessions of individuals
the mouth of Little River, (being the holding or claiming under the laws
southern extremity of Brunswick heretofore in force, or grants
heretofore made by the late King within the said colonies, hath
George II, or his predecessors, or ceased, and a total dissolution of
the late lords proprietors, or any of government, in many of them, hath
them. taken place:
7. That all freemen of the age of 10. That the senate and house of
twenty-one years, who have been commons, when met, shall each
inhabitants of any one county within have power to choose a speaker, and
the State twelve months their other officers; be judges of the
immediately preceding the day of qualifications and elections of their
any election, and possessed of a members; sit upon their own
freehold, within the same county, of adjournments from day to day; and
fifty acres of land, for six months prepare bills to be passed into laws.
The two houses shall direct writs of who has not been a resident in this
election, for supplying intermediate State above five years, and having,
vacancies: and shall also jointly, by in the State, a freehold in lands and
ballot, adjourn themselves to any tenements, above the value of one
future day and place. thousand pounds, shall be eligible as
a governor.
11. That all bills shall be read three
times in each house, before they 16. That the senate and house of
pass into laws, and be signed by the commons, jointly, at their first
speakers of both houses. meeting, after each annual election,
shall, by ballot, elect seven persons
12. That every person, who shall be to be a council of state for one year;
chosen a member of the senate or who shall advise the governor in the
house of commons, or appointed to execution of his office; and that four
any office or place of trust, before members shall be a quorum; their
taking his seat, or entering upon the advice and proceedings shall be
execution of his office, shall take an entered in a journal, to be kept for
oath to the State: and all officers sh that purpose only, and signed by the
all take an oath of office. members present; to any part of
which any member present may
13. That the general assembly shall, enter his dissent. And such journal
by joint ballot of both houses, shall be laid before the general
appoint judges of the supreme assembly when called for by them.
courts of law and equity, judges of
admiralty and attorney-general, who 17. That there shall be a seal of this
shall be commissioned by the State, which shall be kept by the
governor, and hold their offices governor, and used by him as
during good behavior. occasion may require; and shall be
called the great seal of the State of
14. That the senate and house of North Carolina, and shall be affixed
commons shall have power to to all grants and commissions.
appoint the generals and field
officers of the militia, and all officers 18. The governor, for the time being,
of the regular army of this State. shall be captain-general and
commander-in-chief of the militia;
15. That the senate and house of and in the recess of the general
commons, jointly, at their first assembly, shall have power, by and
meeting after each annual election, with the advice of the council of
shall, by ballot, elect a governor for state, to embody the militia for the
one year, who shall not be eligible to public safety.
that office longer than three years,
in six successive years; that no 19. The governor, for the time being,
person under thirty years of age, and shall have power to draw for and
apply such sums of money as shall power, with the advice of the council
be voted by the general assembly, of State, to fill up such vacancy, by
for the contingencies of government, granting a temporary commission,
and be accountable to them for the which shall expire at the end of the
same. He also may, by and with the next session of the general assembly.
advice of the council of state, lay
embargoes, or prohibit the
exportation of any commodity, for 21. That the governor, judges of the
any term not exceeding thirty days, supreme court of law and equity,
at any one time in the recess of the judges of admiralty, and attorney-
general assembly; and shall have general, shall have adequate
the power of granting pardons and salaries, during their continuance in
reprieves, except where the office.
prosecution shall be carried on by
the general assembly, or the law 22. That the general assembly shall,
shall otherwise direct; in which case, by joint ballot of both houses,
he may, in the recess, grant a annually appoint a treasurer or
reprieve until the next sitting of the treasurers for this State.
general assembly; and he may
exercise all the other executive 23. That the governor, and other
powers of government, limited and officers, offending against the State,
restrained, as by this constitution is by violating any part of this
mentioned, and according to the constitution, maladministration, or
laws of the State. And, on his death, corruption, may be prosecuted, on
inability, or absence from the State, the impeachment of the general
the speaker of the senate, for the assembly, or presentment of the
time being, and in case of his death, grand jury of any court of supreme
inability, or absence from the State, jurisdiction in this State.
the speaker of the house of
commons, shall exercise the powers 24. That the general assembly shall,
of government, after such death, or by joint ballot of both houses,
during such absence or inability of triennially appoint a secretary for
the governor, or speaker of the this State.
senate, or until a new nomination is
made by the general assembly. 25. That no persons who heretofore
have been, or hereafter may be,
20. That, in every case, where any receivers of public moneys, shall
officer, the right of whose have a seat in either house of
appointment is, by this constitution, general assembly, or be eligible to
vested in the general assembly, any office in this State, until such
shall, during their recess, die, or his person shall have fully accounted
office by other means become for, and paid in to the treasury, all
vacant, the governor shall have sums for which they may be
accountable and liable. council of state.
SEC. 21. The Lieutenant-Governor SEC. 27. The terms of office for
shall preside in the Senate, but shall Senators and members of the House
have no vote, unless it may be of Representatives shall commence
equally divided. at the time of their election; and the
term of office of those elected at the
SEC. 22. The Senate shall choose its first election held under this
other officers and also; a Speaker Constitution shall terminate at the
(pro tempore) in the absence of the same time as if they had been
Lieutenant-Governor, or when he elected, at the first ensuing regular
shall exercise the office of Governor. election.
SEC. 13. The respective duties of the SEC. 15. The officers mentioned in
this Article shall, at stated periods, and every action prosecuted by the
receive for their services a people of the State as a party,
compensation to be established by against a person charged with a
law, which shall neither be increased public offence, for the punishment
nor diminished during the time for of the same, shall be termed a
which they shall have been elected, criminal action. Feigned issues shall
and the said officers shall receive no be abolished and the fact at issue
other emolument or allowance tried by order of court before a jury.
whatever.
SEC. 16. There shall be a seal of the SEC. 2. Three Commissioners shall
State, which shall be kept by the be appointed by this Convention to
Governor, and used by him, as report to the General Assembly at its
occasion may require, and shall be first session after this Constitution
called "the Great Seal of the State of shall be adopted by the people, rules
North Carolina." All grants and of practice and procedure in
commissions shall be issued in the accordance with the provisions of
name and by the authority of the the foreign section, and the
State of North Carolina, sealed with Convention shall provide for the
"the Great Seal of the State," signed commissioners, a reasonable
by the Governor and countersigned compensation
by the Secretary of State.
SEC. 3. The same Commissioners
SEC. 17. There shall be established shall also report to the General
in the office of Secretary of State, a Assembly as soon as practible, a
Bureau of Statistics, Agriculture and code of the law of North Carolina.
Immigration, under such The Governor shall have power to
regulations as the General Assembly fill all vacancies occurring in this
may provide. Commission.
SEC. 15. The Superior Courts shall SEC. 19. The General Assembly shall
have exclusive original jurisdiction provide for the establishment of
of all civil actions, whereof exclusive special courts, for the trial of
original jurisdiction is not given to misdemeanors, in cities and towns,
some other courts; and of all where the same may be necessary.
criminal actions, in which the
punishment may exceed a fine of SEC. 20. The Clerk of the Supreme
fifty dollar s or imprisonment for Court shall be appointed by the
one month. court, and shall hold his office for
eight years.
SEC. 16. The Superior Courts shall
have appellate jurisdiction of all SEC. 21. A Clerk of the Superior
Court for each county, shall be the qualified voters of the State, as is
elected by the qualified voters provided for the election of
thereof, at the time and in the members of the General Assembly.
manner prescribed by law, for the They shall hold their offices for eight
election of members of the General years. The Judges of the Superior
Assembly. Courts shall be elected in like
manner, and shall hold their offices
SEC. 22. Clerks of the Superior for eight years; but the Judges of the
Courts shall hold their offices for Superior Courts elected at the first
four years. election under this Constitution,
shall, after their election, under the
SEC. 23. The General Assembly shall superintendance of the Justices of
prescribe and regulate the fees, the Supreme Court be divided by lot
salaries, and emoluments of all into two equal classes, one of which
officers provided for in this Article; shall hold office for four years, the
but the salaries of the Judges shall other for eight years.
not be diminished during their
continuance in office. SEC. 27. The General Assembly may
provide by law that the Judges of the
SEC. 24. The laws of North Carolina, Superior Courts, instead of being
not repugnant to this Constitution, elected by the voters of the whole
or to the Constitution and laws of State, as is herein provided for, shall
the United States, shall be ill force be elected by the voters of their
until lawfully altered. respective districts.
SEC. 25. Actions at law, and suits in SEC. 28. The Superior Courts shall
equity, pending when this be, at all times, open for the
Constitution shall go into effect, transaction of all business within
shall be transferred to the courts their jurisdeition, except the trial of
having jurisdiction thereof, without issues of fact requiring a jury.
prejudice by reason of the change,
and all such actions and suits, SEC. 29. A Solicitor shall be elected
commenced before, and pending at, for each judicial district by the
the adoption by the General qualified voters thereof, as is
Assembly, of the rules of practice prescribed for members of the
and procedure herein provided for, General Assembly, who shall hold
shall be heard and determined, office for the term of four years, and
according to the practice now in use, prosecute on behalf of the State, in
unless otherwise provided for by all criminal actions in the Supericr
said rules. Courts, and advise the officers of
justice in his district.
SEC. 26. The Justices of the
Supreme Court shall be elected by SEC. 30. In each county a Sheriff
and Coroner, shall be elected by the founded on contract, wherein the
qualified voters thereof as is sum demanded shall not exceed two
prescribed for members of the hundred dollars, and wherein the
General Assembly, and shall hold title to real estate shall not be in
their offices for two years. In each controversy; and of all criminal
township there shall be a Constable, matters arising within their
elected in like manner by the voters counties, where the punishment
thereof, who shall hold his office for cannot exceed a fine of fifty dollars,
two years. When there is no Coroner or imprisonment for one month.
in the county, the Clerk of the
Superior Court for the county may When an issue of fact shall be joined
appoint one for special cases. In before a Justice, on demand of
case of a vacancy existing for any either party thereto, he shall cause a
cause, in any of the offices created jury of six men to be summoned,
by this Section, the Commissioners who shall try the same. The party
for the county may appoint to such against whom judgement shall be
office for the unexpired term. rendered in any civil action, may
appeal to the Superior Court from
SEC. 31. All vacancies occurring in the same, and, if the judgement shall
the offices provided for by this exceed twenty-five dollars, there
article of this Constitution, shall be may be a new trial of the whole
filled by the appointment of the matter in the appelate court; but if
Governor, unless otherwise th e judgement shall be for twenty
provided for, and the appointees five dollars or less, then the case
shall hold their places until the next shall be heard in the appelate court,
regular election. only upon matters of law. In all
cases of a criminal nature, the party
SEC. 32. The officers elected at the against whom judgement is given
first election held under this may appeal to the Superior Court,
Constitution, shall hold their offices where the matter shall be heard
for the terms prescribed for them anew. In all cases brought before a
respectively, next ensuing after the Justice, he shall make a record of
next regular election for members of the proceedeings, and file the same
the General Assembly. But their with the Clerk of the Superior Court
terms shall begin upon the approval for his county.
of this Constitution by the Congress
of the United States. SEC. 34. When the office of Justice
of the Peace shall become vacant,
SEC. 33. The several Justices of the otherwise than by expiration of the
Peace shall have exclusive original term, and in case of a failure by the
jurisdiction under such regulations voters of any district, to elect, the
as the General Assembly shall Clerk of the Superior Court for the
prescribe, of all civil actions,
County, shall appoint to fill the stocks, joint-stock companies or
vacancy for the unexpired term. otherwise; and, also, all real and
personal property, according to its
SEC. 35. In case the office of Clerk of true value in money. The General
a Superior Court for a County shall Assembly may also tax trades,
become vacant, otherwise than by professions, franchises, and
the expiration of the term, and in incomes, provided, that no income
case of a failure by the people to shall be taxed when the property
elect, the Judge of the Superior from which the income is derived, is
Court for the County shall appoint to taxed.
fill the vacancy until an election can
be regularly held. SEC. 4. The General Assembly shall,
by appropriate legislation and by
Article V. adequate taxation, provide for the
prompt and regular payment of the
Revenue and Taxations interest on the public debt, and after
the year 1880, it shall lay a specific
SECTION 1. The General Assembly annual tax upon the real and
shall levy a capitation tax on every personal property of the State, and
male inhabitant of the State over the sum thus realized shall be set
twenty one and under fifty years of apart as a sinking fund, to be
age, which shall be equal on each, to devoted to the payment of the public
the tax on property valued at three debt.
hundred dollars in cash. The
Commissioners of the several SEC. 5. Until the Bonds of the State
counties may exempt from shall be at par, the General
capitation tax in special cases, on Assembly shall have no power to
account of poverty and infirmity, contact any new debt or pecuniary
and the State and county capitation obligation in behalf of the State,
tax combined, shall never exceed except to supply a casual deficit, or
two dollars on the head. for suppressing invasion or
insurrection, unless i t shall in the
SEC. 2. The proceeds of the State same bill levy a special tax to pay the
and County capitation tax shall be interest annually. And the General
applied to the purposes of education Assembly shall have no power to
and the support of the poor, but in give or lend the credit of the State in
no one year shall more than twenty aid of any person, association or
five per cent, thereof, be corporation, except to aid in the
appropriated to the latter purpose. completion of such Rail Roads as
may be unfinished at the time of the
SEC. 3. Laws shall be passed taxing, adoption of this Constitution, or in
by a uniform rule, all monies, which the State has a direct
credits, investments in bonds, pecuniary interest, unless the
subject be submitted, to a direct vote in the United States, and every male
of the people of the State, and be person who has been naturalized,
approved by a majority of those who twenty one years old or upward, who
shall vote thereon. shall have resided in this state
twelve months next preceeding the
SEC. 6. Property belonging to the election, and thirty days in the
State, or to municipal corporations, county, in which he offers to vote,
shall be exempt from taxation. The shall be deemed an elector.
General Assembly exempt
cemeteries, and property held for SEC. 2. It shall be the duty of the
educational, scientific, literary, General Assembly to provide from
charitable, or religious purposes; time to time, for the registration of
Also, wearing apparel , Arms for all electors, and no person shall be
Muster, household and kitchen allowed to vote without registration,
furniture, the Mechanical and or to register, without first taking an
agricultural implements of oath or affirmation to support and
Merchants and farmers, libraries maintain the Constitution and laws
and scientific instruments, to a value of the United States and the
not exceeding three hundred dollars. Constitution and laws of North
Carolina, not inconsistent therewith.
SEC. 17. The General Assembly is SEC. 3. The Homestead, after the
hereby empowered to enact that death of the owner thereof, shall be
every child of sufficient mental and exempt from the payment of any
physical ability, shall attend the debt, during the minority of his
Public Schools during the period children, or any one of them.
between the ages of six and eighteen
years, for a term of not less than SEC. 4. The provisions of section
one and two of this Article shall not
be so construed as to prevent a shall operate to prevent the owner of
laborer's lien for work done and a Homestead from disposing of the
performed for the person claiming same by deed; but no deed made by
such exemption, or a mechanic's lien the owner of a Homestead shall be
for work done on the premises. valid without the voluntary
signature and assent of his wife,
SEC. 5. If the owner of a Homestead signified on her private examination
die, leaving a widow, but no children according to law.
the same shall be exempt from the
debts of her husband, and the rents Article XI.
and profits thereof shall in sure to
her benefit, during her widowhood, Punishments, Penal
unless she be the owner of a Institutions and Public
Homestead, in her own right. Charities.
SEC. 8. There shall also, as soon as SEC. 2. The General Assembly shall
practicable, be measures devised by provide for the organizing, arming,
the State, for the establishment of equipping and discipline of the
one or more Orphan Houses, where Militia, and for paying the same
destitute orphans may be cared for, when called into active service.
educated and taught some business
or trade. SEC. 3. The Governor shall be
Commander-in-Chief, and have
SEC. 9. It shall be the duty of the power to call out the Militia to
execute the law, suppress riots or shall prescribe a mode by which the
insurrection, and to repel invasion. amendment or amendments may be
submitted to the qualified voters of
SEC. 4. The General Assembly shall the House of Representatives
have power to make suche throughout the State; and if, upon
exemptions as may be deemed comparing the votes given in the
necessary, and to enact laws that whole State, it shall appear that a
may be expedient for the majority of the voters voting thereon
government of the Militia. have approved thereof, then, and
not otherwise, the same shall
Article XIII become part of the Constitution.
Article IV Section 2.
1. Capitation tax shall be equal Every free white man of the age of
throughout the State, upon all twenty-one years, being a native or
individuals subject to the same. naturalized citizen of the United
States and who has been an
2. All free males over the age of inhabitant of the State for twelve
twenty-one years, and under the age months immediately preceding the
of forty-five years, and all slaves day of any election, and shall have
over the age of twelve years, and paid public taxes, shall be entitled to
under the age of fifty years, shall be vote for a member of the senate for
subject to capitation tax, and no the district in which he resides.
other person shall be subject to such
tax: Provided, that nothing herein AMENDMENTS OF 1861-62
contained shall prevent exemptions
of taxable polls, as heretofore I. AN ORDINANCE TO DISSOLVE
prescribed by law, in cases of bodily THE UNION BETWEEN THE
infirmity. STATE OF NORTH CAROLINA
AND THE OTHER STATES
Section 4. UNITED WITH HER UNIXER THE
COMPACT OF GOVERNMENT
No person who shall hold any office ENTITLED THE CONSTITUTION
or place of trust or profit under the OF THE UNITED STATES.
United States, or any department
thereof, or under this State, or any We, the people of the State of
other State government, shall hold North Carolina in Convention
or exercise any other office or place assembled, do declare and ordain,
of trust or profit under the authority and it is hereby declared and
of this State, or be eligible to a seat ordained, that the ordinance
in either house of the general adopted by the State of North
assembly: Provided, that nothing Carolina, in the Convention of 1789,
here-in contained shall extend to whereby the Constitution of the
officers in the militia or justices of United States was ratified and
the peace. adopted, and also, all acts and parts
of acts of the General Assembly,
Ratified in convention, this eleventh ratifying and adopting amendments
day of July, in the year of our Lord
to the said Constitution, are hereby
repealed, rescinded and abrogated. We the people of North Carolina, in
Convention assembled, do declare
We do further declare and ordain, and ordain, and it is hereby declared
that the Union now subsisting and ordained,
between the State of North Carolina
and the other States, under the title That the State of North Carolina
of the United States of America, is does hereby assent to and ratify the
hereby dissolved, and that the State Constitution for the Provisional
of North Carolina is in the full Government of the Confederate
possession of exercise of all those States of America, adopted at
rights of sovereignty which belong Montgomery, in the State of
and appertain to a free and Alabama, on the 8th day of
independent State. February, A. D. 1861, by the
Convention of Delegates from the
Passed, 20th day of May 1861. States of South Carolina, Georgia,
Florida, Alabama, Mississippi and
II. AN ORDINANCE DEFINING Louisiana, and that North Carolina
TREASON AGAINST THE STATE. will enter into the Federal
Association of States upon the terms
Be it ordained by this Convention, therein proposed when admitted by
and it is hereby ordained by the the Congress or any Competent
authority of the same as follows:- authority of the Confederate States.
Treason against the State of North Done at Raleigh, the twentieth day
Carolina, shall consist only in of May 1861.
levying War against her, or in
adhering to her enemies; giving
them aid and comfort. No person IV. AN ORDINANCE TO RATIFY
shall be convicted of Treason, unless THE CONSTITUTION OF THE
on the Testimony of two witnesses CONFEDERATE STATES OF
to the same over act, or on AMERICA.
confession in open Court.
Whereas, on the eleventh day of
Read three times and passed 18th March, A. D. 1861, at Montgomery,
June 1861. in the State of Alabama, a
Constitution was adopted, by a
III. AN ORDINANCE TO RATIFY Congress of delegates from the
THE CONSTITUTION OF THE States of Alabama, Florida, Georgia,
PROVISIONAL GOVERNMENT OF Louisiana, Mississippi, South
THE CONFEDERATE STATES OF Carolina, and Texas, united under
AMERICA. the name of the Confederate States
of America, which Constitution
hath been ratified by each of the said be and the same if hereby annulled.
states:
SEC. 2. Be it further ordained, That
Now, therefore, this convention, all free males over the age of twenty-
having seen and considered the said one years and under the age of forty-
Constitution, doth, in behalf of the five years shall be subject to a
people of the State of North Capitation tax, not less than the tax
Carolina, adopt and ratify the said laid on land of the value of three
Constitution and form of hundred dollars, and no other free
Government, the tenor of which person nor slave, shall be liable to
appears in a schedule hereto such taxation; and also, land and
annexed: slaves shall be taxed according to
their value, and the tax on slaves
Read three times and passed, 6th shall be as much but not more than
June 1861. that on land, according to their
respective values; but the tax on
V. AN ORDINANCE TO AMEND slaves may be laid on their general
THE 4TH SECTION OF THE 4TH average value in the State or on their
ARTICLE OF THE AMENDMENTS values in classes in respect to age,
TO THE CONSTITUTION. sex, and other distinctive properties,
in the discretion of the General
Be it Ordained by this Convention Assembly; and the value be assessed
of the people, and it is hereby in such modes as may be prescribed
ordained by the authority of the by law: Provided, That nothing
same, That the fourth Section of the herein contained shall prevent the
fourth Article of the amendments to exemption from taxation of soldiers
the Constitution, proposed and in the public service, or of free males
ratified in the year eighteen hundred or slaves in cases of bodily or mental
and thirty-five, be amended by infirmity, or of such real estate as
striking out the word "United" and hath hitherto been exempted by law.
inserting in lieu thereof, the word
"Confederate" before the word Read three times and passed 25th
"States". June 1861.
Congressman McFadden:
"....Whereas the lobbying activities
THE UNITED STATES
IS STILL A
BRITISH COLONY
PART 3
Will the real
government please
stand up!
9/05/97
11. Delaware rejected the 14th Did the military occupation ever
Amendment on February 7, 1867 come to an end? No! Did the
military presence leave the streets?
Yes. Technically do you have to
have a military presence visible in "While it is held to be the right
the streets, for military occupation of a conqueror to levy contributions
and martial law to exist? No! Can upon the enemy in their seaports,
the military/ Commander-in- towns, or provinces which may be
Chief/Congress, transfer this power in his military possession by
to the civil authorities? Yes. Read conquest, and to apply the proceeds
the following cases, and Lincoln's to defray the expenses of the war,
General order 100, Footnote #9 this right is to be exercised within
such limitations that it may not
"But there is another savor of confiscation. As the result
description of government, called of military occupation, the taxes
also by publicists a government de and duties payable by the
facto, but which might, perhaps, be inhabitants to the former
more aptly denominated a government become payable to the
government of paramount force. Its military occupant, unless he sees fit
distinguishing characteristics are to substitute for them other rates or
(1) that its existence is maintained modes of contributions to the
by active military power within the expenses of the government. The
territories, and against the rightful moneys so collected are to be used
authority of an established and for the purpose of paying the
lawful government; and (2) that expenses of government under the
while it exists it must necessarily be military occupation, such as the
[229 U.S. 416, 429] obeyed in civil salaries of the judges and the
matters by private citizens who, by police, and for the payment of the
acts of obedience rendered in expenses of the army." Macleod v.
submission to such force, do not U.S, 229 U.S. 416 1913
become responsible, as
wrongdoers, for those acts, though To also prove that military
not warranted by the laws of the occupation still exists, ask yourself
rightful government. Actual this. Is the Fourteenth Amendment,
governments of this sort are which was ratified under duress,
established over districts differing military occupation; and written and
greatly in extent and conditions. passed by a de facto Congress still in
They are usually administered existence? Yes! If a State would
directly by military authority, but today remove the Fourteenth
they may be administered, also, by Amendment and the statutory laws
civil authority, supported more or this amendment created from their
less directly by military force." State laws, do you think the federal
Thornington v. Smith, 8 Wall. 1, 9, government would send in the
19 L. ed. 361, 363. Macleod v. U.S, military again? Of course it would.
229 U.S. 416 1913 So did the military occupation end?
I hope by now you know the answer
to that. British Colony part 1&2 and what I
just said above about taxes, read and
Have you never wondered why understand the below quotes from
the government sends your tax the Declaration of Rights,
dollars all over the world via the September 5, 1774. Maybe it will
IMF and the World Bank etc. etc., sink in, we are taxed by Britain and
with Americans paying the bill, we have not only asked for it but,
without ever putting this up for a demanded the benefits supplied by
vote? Read the following quote. the king, past and present.
GO FIGURE????
"In New Orleans v. New York
Mail S. S. Co. 20 Wall. 387, 393, 22 "Resolved, 4. That the foundation
L. ed. 354, it was said, with respect of English liberty, and of all free
to the powers of the military government, is a right in the people
government over the city of New to participate in their legislative
Orleans after its conquest, that it council: and as the English
had 'the same power and rights in colonists are not represented, and
territory held by conquest as if the from their local and other
territory had belonged to a foreign circumstances, can not properly be
country and had been subjugated in represented in the British
a foreign war. In such cases the Parliament, they are entitled to a
conquering power has the right to free and exclusive power of
displace the pre-existing authority, legislation in their several
and to assume to such extent as it provincial legislatures, where their
may deem proper the exercise by right of representation can alone be
itself of all the powers and preserved, in all cases of taxation
functions of government. It may and internal polity, subject only to
appoint all the necessary officers the negative of their sovereign, in
and clothe them with designated such manner as has been heretofore
powers, larger or smaller, used and accustomed. But, from the
according to its pleasure. It may necessity of the case, and a regard
prescribe the revenues to be paid, to the mutual interest of both
and apply them to its own use or countries, WE CHEERFULLY
otherwise. It may do anything CONSENT TO THE OPERATION
necessary to strengthen itself and OF SUCH ACTS OF THE BRITISH
weaken the enemy. There is no limit PARLIAMENT, as are BONA FIDE,
to the powers that may be exerted restrained to the regulation of our
in such cases, save those which are external commerce, for the
found in the laws and usages of PURPOSE OF SECURING THE
war." Dooley v. U.S., 182 U.S. 222 COMMERCIAL ADVANTAGES OF
1901 THE WHOLE EMPIRE TO THE
MOTHER COUNTRY, and the
To drive home the relevance of COMMERCIAL BENEFITS OF ITS
RESPECTIVE MEMBERS; to work.
excluding every idea of taxation, 2. Drivers license - permission to
internal or ETERNAL, for raising a conduct commerce and travel on the
revenue on the SUBJECTS IN military roads.
AMERICA, without their consent." 3. Occupational license - permission
Declaration of Rights, from to perform a God given right.
September 5, 1774 (The forefathers 4. State and local privilege license -
wanted the commercial benefits license to work in the State, county
without paying the taxes that go or city.
hand in hand, it does not work that 5. Marriage license - permission for
way Patriots.) a right granted by God Almighty.
6. Hunting and Fishing license -
"Resolved, 7. That these, His government taxing property of
Majesty's colonies, are likewise God Almighty, etc.etc.etc.
entitled to all the IMMUNITIES
AND PRIVILEGES GRANTED and Every license or permit is a use
confirmed to them by ROYAL tax and is financial slavery, you are
CHARTERS, or secured by their controlled in every aspect of your
several codes of provincial laws." life. All licenses came about after
Declaration of Rights, from the Fourteenth Amendment and the
September 5, 1774 military occupation, which we are
now under. The reason all this has
As further proof, are not all States taken place in America is, to
divided into military Districts? At colonize the world for Britain. The
first glance you may not think so. United States has been the
However, look at your District enforcement arm/cannon fodder for
Courts, in your State. They are the Britain since the Civil War.
enforcement arm of the admiralty
law/kings law and legislation passed "The decisions wherein grounds
on a daily basis. As I said before the were found for avoiding a ruling on
voting Districts are also left over the constitutionality of the
from the Reconstruction Acts. In Reconstruction Act leave the
every court room a military flag is impression that our highest
flown, a war flag not the Title 4, flag tribunal failed in these cases to
of peace. Are you not required to measure up to the standard of the
obtain a license from the de facto judiciary in a constitutional
government for every aspect of democracy. If the Reconstruction
commerce, and the use of their Act was unconstitutional, the
military script/fiat money? people oppressed by it were entitled
Americans are taxed and controlled to protection by the judiciary
in the following ways, to name a few: against such unconstitutional
oppression." Tulane Law Review,
1. Social Security number - license
The Dubious Origin Of The truth, when we are so easily made to
Fourteenth Amendment. page 34 look like fools by the government
propaganda machine, and we make
"The adversary or the skeptic it easy for them. We tell the
might assert that, after a lapse of American people the sky is falling,
more than eighty years, it is too late but never give them a remedy, other
to question the constitutionality or than keeping the same damn
validity of the coerced ratifications document that enslaved us. We do
of the Fourteenth Amendment even not tell the American people that
on substantial and serious grounds. there was life before the Civil War
The ready answer is that there is no Occupation and the Fourteenth
statute of limitations that will cure a Amendment unlawful Constitution,
gross violation of the amendment so fear of the unknown will keep
procedure laid down by Article V of them from wanting to learn. The
the Constitution." Tulane Law only remedy I see, except for God
Review, The Dubious Origin Of The Almighty's Judgement, is to expose
Fourteenth Amendment. page 43 the fraud. See Footnote 13.
If you want to read more about Until you accept the truth
the military occupation and the War about the Constitution you will not
Powers Act, read Footnote #11. This be able to understand the
issue concerning the Constitution information in British Colony part
has to be understood by the Patriots, 1&2. I will end this research paper in
before you can help others see the this way. Someone asked me, "are
illusion. We Patriots need to be able you not afraid to be killed by the
to tell others how we arrived in this government"? I told them what
condition. But, this will never Shadrach, Meshach, and Abendnego
happen as long as we defend a dead said:
treaty, and expect a lawful remedy
from a de facto government. "If it be so, our God whom we serve
is able to deliver us from the
Is it any wonder why Americans burning fiery furnace, and he will
look at us like were nuts. We defy a deliver us out of thine hand, O king,
de facto government and take its But if not, be it known unto thee, O
benefits. We curse its judges and king, that we will not serve thy gods,
praise a de facto Constitution that, nor worship the golden image which
denies the judges the ability to give thou hast set up." Daniel 3:17-18
remedy to the enemy. We praise the
legal document that gave Congress Mark Twain: "You see, my kind
the power to declare us as enemies of loyalty was loyalty to one's
and curse the Congress for their country, not to institutions or its
action. Wake up Patriots! How do officeholders. The country is the
you expect Americans to listen to the real thing; it is the thing to watch
over and care for and be loyal to; declare, in substance, that Congress
institutions extraneous, they are its shall consist of a House of
mere clothing, and clothing can Representatives, composed of
wear out, become ragged, cease to members apportioned among the
be comfortable, cease to protect the respective States in the ratio of their
body from winter, disease, and population, and of a Senate,
death. To be loyal to rags, to shout composed of two members from
for rags, to worship rags, to die for each State. And IN THE ARTICLE
rags--that is a loyalty of unreason; it WHICH CONCERNS
is pure animal; it belongs to AMENDMENTS, IT IS EXPRESSLY
monarchy; was invented by PROVIDED THAT NO STATE,
monarchy; let monarchy keep it. I WITHOUT ITS CONSENT, SHALL
was from Connecticut, whose BE DEPRIVED OF ITS EQUAL
constitution declared "That all SUFFRAGE IN THE SENATE.' THE
political power is inherent in the CONTEMPLATED AMENDMENT
people, and all free governments are WAS NOT PROPOSED TO THE
founded on their authority and STATES BY A CONGRESS THUS
instituted for their benefit, and that CONSTITUTED. At the time of its
they have at all times an undeniable adoption, the eleven seceding States
and indefensible right to alter their were deprived of representation
form of government in such a both in the Senate and House,
manner as they think expedient." although they all, except the State of
Under that gospel, the citizen who Texas, had Senators and
thinks that the Commonwealth's Representatives duly elected and
political clothes are worn out and claiming their privileges under the
yet holds his peace and does not Constitution. In consequence of this,
agitate for a new suit, is disloyal; he these States had no voice on the
is a traitor. That he may be the only important question of proposing the
one who thinks he sees this decay Amendment. HAD THEY BEEN
does not excuse him; it is his duty to ALLOWED TO GIVE THEIR
agitate, anyway, and it is the duty of VOTES, THE PROPOSITION
others to vote him down if they do WOULD DOUBTLESS HAVE
not see the matter as he does." FAILED TO COMMAND THE
REQUIRED TWO-THIRDS
FOOTNOTES MAJORITY...."
"This is the only action ever "The Act dealt with these
taken on the Fourteenth Southern States, referred to as
Amendment by a Louisiana "rebel States" in its various
Legislature exercising free and provisions. It opened with a recital
unfettered and uncoerced that "no legal State government"
judgement and discretion as existed in these States. It placed
between ratification or rejection of these States under military rule.
the amendment proposal. The Louisiana and Texas were grouped
subsequent purported ratification of together as the Fifth Military
this Amendment in Louisiana was District, and placed under the
by a legislature of a puppet domination of an army officer
government, created by the radical appointed by the President. All
majority of Congress to do the civilian authorities were placed
bidding of its master, and compelled under the dominant authority of the
to ratify this Amendment by the military government." page 31
Federal Statute which had brought
this puppet government into "The most extreme and amazing
existence for this specific purpose." feature of the Act was the
page 30 requirement that each excluded
State must ratify the Fourteenth
"It is most interesting to read Amendment, in order to again enjoy
the proceedings of the Louisiana the status and rights of a State,
House of Representatives on including representation in
February 6, 1867, whereby that body Congress. Section 3 of the Act sets
adopted the Joint Resolution fourth this compulsive coercion thus
ordaining the refusal of Louisiana to imposed upon the Southern States."
ratify the proposed Fourteenth page 32
Amendment--the Joint Resolution
which became Act 4 of 1867. This "Senator Doolittle of Wisconsin,
Journal shows, by the roll call, that a Northerner and a Conservative
one hundred members voted out of Republican. During the floor debate
a total House membership of one on the bill, he said:
hundred and ten--and that the
unanimous vote was one hundred "My friend has said what has
against ratification and not in favor been said all around me, what is said
of it. This was the last opportunity every day: the people of the South
for a free and uncoerced expression have rejected the constitutional
of views on this amendment amendment, and therefore we will
proposal by duly elected march upon them and force them to
adopt it at the point of the bayonet,
and establish military power over clearly a gross infraction--not and
them until they do adopt it." page 32 effectuation--of the constitutional
guarantee of "a republican form of
"President Johnson vetoed the government." page 37
Reconstruction Act in an able
message, stressing its harsh Madison said in Federalist No.
injustices and its many aspects of 43:
obvious unconstitutionality. He "....the authority extends no further
justifiably denounced it as "a bill of than to a guaranty of a republican
attainder against nine million form government, which supposes a
people at once." page 33 preexisting government of the form
which is to be guaranteed. As long,
"Notwithstanding this able therefore, as the existing republican
message, the Act was promptly forms are continued by the States,
passed over his veto by the required they are guaranteed by the federal
two-thirds majority in each House. Constitution. Whenever the States
Military rule took over in the ten may choose to substitute other
Southern States to initiate the republican forms, they have a right
process of conditioning a subjugated to do so, and to claim the federal
people to an ultimate acceptance of guaranty for the latter. The only
the Fourteenth Amendment." page restriction imposed on them is , that
33 they shall not exchange republican
for anti-republican Constitutions; a
"Whatever justification for other restriction which, it is presumed,
portions of the Reconstruction Act will hardly be considered as a
may or may not be found in this grievance." page 38
constitutional provision, there could
clearly be no sort of a relationship "The enactment of the
between a guarantee to a State of "a legislature of the puppet
republican form of government" and government of Louisiana which
an abrogation of the basic and ratified the Fourteenth Amendment
constitutional right of a State, in its is embodied in Act 2 of 1868. The
legislative discretion, to make its legislative journals of that session
own choice between ratification or reflect the presence and dominance
rejection of a constitutional of the military, all as provided for
amendment proposal submitted to and contemplated by the
the state legislatures by the Reconstruction Act." page 39
Congress of the United States. To
deny to a State the exercise of this "The House Journal shows that
free choice between ratification and on June 29, 1868, Colonel
rejection, and to put the harshest Batchelder opened the session by
sort of coercive pressure upon a calling the roll and reading an
State to compel ratification, was extract form the order of General
Grant. The Senate Journal for the Garfield.
same date shows the reading of
instructions from General Grant to With a review of the events which
the Commanding Officer of the Fifth led to the political revolution of
Military District emphasizing the 1860, by James G. Blaine. Vol. II,
supremacy of the power of the pp. 681-682.
military over the provisional civilian
government. It was under these An Act to provide for the more
auspices that the coerced efficient government of the rebel
ratifications of the Fourteenth states.
Amendment in Louisiana was
accomplished." page 40 "Whereas no legal State
governments or adequate protection
"Also worth of note in this for life or property now exist in the
connection ins the holding in 1895 rebel States of Virginia, North
that the levying of an income tax by Carolina, South Carolina, Georgia,
the Federal Government, without Mississippi, Alabama, Louisiana,
apportioning the tax among the Florida, Texas, and Arkansas; and
States as a direct tax, violated the whereas it is necessary that peace
taxing-power provisions of the and good order should be enforced
Constitution of the United States-- in said States until loyal and
although, thirty years prior to this republican State governments can
judicial vindication of what the be legally established:
majority of the Court deemed to be
fundamental and true Constitutional “Therefore."
provisions, the Federal Government
had levied and collected income "Be it enacted, That said rebel
taxes for several years on a large States shall be divided into military
scale, and had financed a major war districts and made subject to the
of vital consequences to a very military authority of the United
considerable extent out of revenues States, as hereinafter prescribed,
so obtained." page 44 and for that purpose Virginia shall
constitute the first district; North
Footnote #3 Carolina and South Carolina the
second district; Georgia, Alabama,
Reconstruction Act of March 2, 1867 and Florida the third district;
Mississippi and Arkansas the fourth
RECONSTRUCTION ACT OF district; and Louisiana and Texas
THIRTY-NINTH CONGRESS the fifth district."
Sec. 2."That the commander of any Sec. 4. "That the acts of the officers
district named in said act shall have of the army already done in
power, subject to the disapproval of removing in said districts persons
the General of the army of the exercising the functions of civil
United States, and to have effect till officers, and appointing others in
disapproved, whenever in the their stead, are hereby confirmed:
opinion of such commander the Provided, That any person
proper administration of said act heretofore or hereafter appointed by
shall require it, to suspend or any district commander to exercise
remove from office, or from the the functions of any civil office, may
performance of official duties and be removed either by the military
the exercise of official powers, any officer in command of the district, or
officer or person holding or by the General of the army. And it
exercising, or professing to hold or shall be the duty of such commander
exercise, any civil or military office to remove from office, as aforesaid,
all persons who are disloyal to the such refusal or such striking from
Government of the United States, or the list:
who use their official influence in
any manner to hinder, delay, "Provided, That no person shall
prevent, or obstruct the due and be disqualified as member of any
proper administration of this act board of registration by reason of
and the acts to which it is race or color."
supplementary."
Sec. 6. "That the true intent and
Sec. 5."That the boards of meaning of the oath prescribed in
registration provided for in the act said supplementary act is, (among
entitled "An act supplementary to an other things,) that no person who
act entitled 'An act to provide for the has been a member of the
more efficient government of the Legislature of any State, or who has
rebel States,' passed March 2, 1867, held any executive or judicial office
and to facilitate restoration," passed in any State, whether he has taken
March 23, 1867, shall have power, an oath to support the Constitution
and it shall be their duty, before of the United States or not, and
allowing the registration of any whether he was holding such office
person, to ascertain, upon such facts at the commencement of the
or information as they can obtain, rebellion, or had held it before, and
whether such person is entitled to be who has afterwards engaged in
registered under said act, and the insurrection or rebellion against the
oath required by said act shall not be United States, or given aid or
conclusive on such question, and no comfort to the enemies thereof, is
person shall be registered unless entitled to be registered or to vote;
such board shall decide that he is and the words "executive or judicial
entitled thereto; and such board office in any State" in said oath
shall also have power to examine, mentioned shall be construed to
under oath, (to be administered by include all civil offices created by
any member of such board,) any one law for the administration of any
touching the qualification of any general law of a State, or for the
person claiming registration; but in administration of justice."
every case of refusal by the board to
register an applicant, and in every sec. 7. "That the time for completing
case of striking his name from the the original registration provided for
list as hereinafter provided, the in said act may, in the discretion of
board shall make a note or the commander of any district, be
memorandum, which shall be extended to the 1st day of October,
returned with the registration list to 1867; and the boards of registration
the commanding general of the shall have power, and it shall be
district, setting forth the grounds of their duty, commencing fourteen
days prior to any election under said
act, and upon reasonable public of the United States. I am not sure
notice of the time and place thereof, that this is the oath intended here."
to revise, for a period of five days,
the registration lists, and, upon Sec. 10. "That no district
being satisfied that any person not commander or member of the board
entitled thereto has been registered, of registration, or any of the officers
to strike the name of such person or appointees acting under them,
from the list, and such person shall shall be bound in his action by any
not be allowed to vote. And such opinion of any civil officer of the
board shall also, during the same United States."
period, add to such registry the
names of all persons who at that Sec. 11. "That all the provisions of
time possess the qualifications this act and of the acts to which this
required by said act who have not is supplementary shall be construed
been already registered; and no liberally, to the end that all the
person shall, at any time, be entitled intents thereof may be fully and
to be registered or to vote, by reason perfectly carried out."
of any executive pardon or amnesty,
for any act or thing which, without Footnote #7
such pardon or amnesty, would
disqualify him from registration or Proclamation of Amnesty and
voting." Reconstruction
Art. 33. "It is no longer considered Gen. Orders No. 100 by President
lawful - on the contrary, it is held to Lincoln, 24 April 1863
be a serious breach of the law of war
- to force the subjects of the enemy Art. 43. "Therefore, in a war
into the service of the victorious between the United States and a
government, except the latter should belligerent which admits of slavery,
proclaim, after a fair and complete if a person held in bondage by that
conquest of the hostile country or belligerent be captured by or come
district, that it is resolved to keep as a fugitive under the protection of
the country, district, or place the military forces of the United
permanently as its own and make it States, such person is immediately
a portion of its own country." entitled to the rights and privileges
of a freeman To return such person
Gen. Orders No. 100 by President into slavery would amount to
Lincoln, 24 April 1863 enslaving a free person, and neither
the United States nor any officer
Art. 39. "The salaries of civil under their authority can enslave
officers of the hostile government any human being. Moreover, a
who remain in the invaded territory, person so made free by the law of
and continue the work of their war is under the shield of the law of
office, and can continue it according nations, and the former owner or
to the circumstances arising out of State can have, by the law of
the war - such as judges, postliminy, no belligerent lien or
administrative or police officers, claim of service."
officers of city or communal
governments - are paid from the Gen. Orders No. 100 by President
public revenue of the invaded Lincoln, 24 April 1863
territory, until the military
government has reason wholly or Footnote #10
partially to discontinue it. Salaries
"The right to thus occupy an
enemy's country and temporarily suspended or changed by the acts of
provide for its government has been the conqueror. . . . He, nevertheless,
recognized by previous action of the has all the powers of a de facto
executive authority, and sanctioned government, and can at his pleasure
by frequent decisions of this court. either change the existing laws or
The local government being make new ones." Dooley v. U.S., 182
destroyed, the conqueror may set up U.S. 222 1901
its own authority, and make rules
and regulations for the conduct of "Look at it practically from
temporary government, and to that another point of view. Certainly,
end may collect taxes and duties to before revenue laws can be made
support the military authority and operative in a district or country it is
carry on operations incident to the essential that the situation be taken
occupation." into account, for the purpose of
establishing ports of entry,
Macleod v. U.S, 229 U.S. 416 1913 collection districts, and the
necessary [182 U.S. 222, 242]
"The right of one belligerent to machinery to enforce them. Of
occupy and govern the territory of course, it is patent that such
the enemy while in its military investigations cannot be made prior
possession is one of the incidents of to acquisition. But, as the laws
war, and flows directly from the immediately extend, without action
right to conquer. We therefore do of Congress, as the result of
not look to the Constitution or acquisition, it must follows that they
political institutions of the extend, although none of the means
conqueror for authority to establish and instrumentalities for their
a government for the territory of the successful enforcement can possibly
enemy in his possession, during its be devised until the acquisition is
[182 U.S. 222, 231] military completed. This must be, unless it
occupation, nor for the rules by be held that there is power in the
which the powers of such government of the United States to
government are regulated and enter a foreign country, examine its
limited. Such authority and such situation, and enact legislation for it
rules are derived directly from the before it has passed under the
laws of war, as established by the sovereignty of the United States.
usage of the world and confirmed by From the point of view of the United
the writings of publicists and States, then, it seems to me that the
decisions of courts,- in fine, from the doctrine of the immediate placing of
law of nations. . . . The municipal the tariff laws outside the line of
laws of a conquered territory or the newly acquired territory, however
laws which regulate private rights, extreme may be the opinion
continue in force during military entertained of the doctrine of
occupation, except so far as they are immediate incorporation, is
inadmissible and in conflict with the
Constitution." Dooley v. U.S., 182 "1st. That, by conquest and firm
U.S. 222 1901 military occupation of a portion of
an enemy's country, the sovereignty
"The jurisdiction of the of the nation to which the conquered
conqueror is complete. He may territory belongs is subverted, and
change the form of government and the sovereignty of the conqueror is
the laws at his pleasure, and may substituted in its place." "2d. That
exercise every attribute of although this sovereignty, until
sovereignty. The conquered territory cession by treaty, is subject to be
becomes a part of the domain of the ousted by the enemy, and therefore
conqueror, subject to the right of the does not give an indefeasible title for
nation to which it belonged to purposes of alienation, yet while it
recapture it if they can. By reason of exists it is supreme, and confers
this right to recapture, the title of jurisdiction without limit over the
the conqueror is not perfect until conquered territory, and the right to
confirmed by treaty of peace. But allegiance in return for protection."
this imperfection in his title is, Fleming v. Page, 50 U.S. 603 1850
practically speaking, important only
in case of alienation made by the "It cannot be denied that these
conqueror before treaty. If he sells, principles, established by the
he sells subject to the right of common consent of the civilized
recapture." "But although, for world, must govern the title to
purposes of sale, the title of the conquests made by the United
conqueror is imperfect before States. As one of the family of
cession, for purposes of government nations, they are bound by the law
and jurisdiction his title is perfect of nations, and the nature and effect
before cession. As long as he retains of their acquisitions by conquest
possession he is sovereign; and not must be defined and regulated by
the less sovereign because his that law." Fleming v. Page, 50 U.S.
sovereignty may not endure for ever. 603 1850
[50 U.S. 603, 608] Grotius (ch. 6,
book 3, 4), speaking of the right to "The messages of the President
things taken in war, says that land is to Congress during the war, and the
reputed lost which is so secured by instructions from the heads of
fortifications that without their departments, contain authoritative
being forced it cannot be declarations as to the right of the
repossessed by the first owner. And United States to acquire foreign
in ch. 8, book 3, treating of empire territory by conquest, and as to the
over the conquered, he shows that effect of such conquest upon the
sovereignty may be acquired by sovereignty of the conquered
conquest." Fleming v. Page, 50 U.S. territory, in accordance with the
603 1850 principles above stated. Thus, the
President, in his message of treaty-making power or the
December, 1846, says:- 'By the law legislative authority, and is not a
of nations a conquered territory is part of the power conferred upon
subject to be governed by the the President by the declaration of
conqueror during his military war. His duty and his power are
possession, and until there is either purely military. As commander-in-
a treaty of peace or he shall chief, he is authorized to direct the
voluntarily withdraw from it. The movements of the naval and military
old civil government being forces placed by law at his
necessarily superseded, it is the command, and to employ them in
right and duty of the conqueror to the manner he may deem most
secure his conquest, and to provide effectual to harass and conquer and
for the maintenance of civil order subdue the enemy. He may invade
and the rights of the inhabitants. the hostile country, and subject it to
This right has been exercised and the sovereignty and authority of the
this duty performed by our military United States. But his conquests do
and naval commanders, by the not enlarge the boundaries of this
establishment of temporary Union, nor extend the operation of
governments in some of the our institutions and laws beyond the
conquered provinces in Mexico, limits before assigned to them by
assimilating them as far as the legislative power." Fleming v.
practicable to the free institutions of Page, 50 U.S. 603 1850
our own country." Fleming v. Page,
50 U.S. 603 1850 "The theory that a country
remains foreign with respect to the
"A war, therefore, declared by tariff laws until Congress has acted
Congress, can never be presumed to by embracing it within the customs
be waged for the purpose of union presupposes that a country
conquest or the acquisition of may be domestic for one purpose
territory; nor does the law declaring and foreign for another. It may
the war imply an authority to the undoubtedly become necessary for
President to enlarge the limits of the the adequate administration of a
United States by subjugating the domestic territory to pass a special
enemy's country. The United States, act providing the proper machinery
it is true, may extend its boundaries and officers, as the President would
by conquest or treaty, and [50 U.S. have no authority, except under the
603, 615] may demand the cession war power, to administer it himself;
of territory as the condition of but no act is necessary to make it
peace, in order to indemnify its domestic territory if once it has been
citizens for the injuries they have ceded to the United States. . . . This
suffered, or to reimburse the theory also presupposes that
government for the expenses of the territory may be held indefinitely by
war. But this can be done only by the the United States; that it may be
treated in every particular, except United States to establish on said
for tariff purposes, as domestic islands a government suitable to the
territory; that laws may be enacted wants and conditions of the
and enforced by officers of the inhabitants of said island to prepare
United States sent there for that them for local self-government, and
purpose; that insurrections [183 in due time to make such disposition
U.S. 176, 179] may be suppressed, of said islands as will best promote
wars carried on, revenues collected, the interests of the United States
taxes imposed; in short, that and the inhabitants of said islands."
everything may be done which a Cong. Rec., 55th Cong. 3d Sess. vol.
government can do within its own 32, p. 1847.
boundaries, and yet that the
territory may still remain a foreign The Diamond Rings, 183 U.S. 176
country. That this state of things 1901
may continue for years, for a century
even, but that, until Congress enacts Footnote #11
otherwise, it still remains a foreign
country. To hold that this can be James Montgomery
done as matter of law we deem to be C/O 100 Bridlewood Rd.
pure judicial legislation. We find no High Point North Carolina
warrant for it in the Constitution or
in the powers conferred upon this August 27, 1995
court. It is true the non action of
Congress may occasion a temporary Dear Sheriff ....,
inconvenience; but it does not follow
that courts of justice are authorized I just want to say at the outset
to remedy it by inverting the that your reputation precedes you.
ordinary meaning of words." The Those that live in ....... County are
Diamond Rings, 183 U.S. 176 1901 fortunate, because your method of
fighting crime works, and will
"Footnotes: Resolved by the restore the public's trust in local law
Senate and House of enforcement.
Representatives of the United States As a matter of introduction I am a
of America in Congress assembled, former United States Marine, and I
That by the ratification of the treaty am a Christian. My friend Bill is
of peace with Spain it is not delivering this letter; you have
intended to incorporate the already talked to him about this
inhabitants of the Philippine islands information. I want you to keep one
into citizenship of the United States, thing in mind, YOU have the ability
nor is it intended to permanently to understand the information in
annex said islands as an integral this letter. YOU have the ability to
part of the territory of the United understand the present law and past
States; but it is the intention of the law, the Constitution. That's
right!...I'm saying the Constitution is Obviously from known history our
past tense, as a restrictive document flag did not have a yellow fringe
on Congress. I do not make this bordering three sides. The United
statement lightly and I can prove it. States did not start putting flags
The Constitution was a commercial with a yellow fringe on them in
compact between states, giving the government buildings and public
federal government limited powers. buildings until the 1900's. Of course
The Bill of Rights was meant not as the question you would ask yourself;
our source of rights, but as further why did it change and are there any
limitations on the federal legal meanings behind this? Oh yes!
government. Our fore-fathers saw First the appearance of our flag is
the potential for danger in the U. S. defined in Title 4 sec. 1. U.S.C..
Constitution. To insure the
Constitution was not presumed to be "The flag of the United States
our source of rights, the 10th shall be thirteen horizontal stripes,
Amendment was added. I will use a alternate red and white; and the
quote from Thomas Jefferson, union of the flag shall be forty-eight
February 15, 1791, where he quotes stars, white in a blue field." (my
the 10th Amendment... note - of course when new states are
admitted new stars are added.) A
"I consider the foundation of the foot note was added on page 1113 of
Constitution as laid on this ground; the same section which says:
That "all powers not delegated to the "Placing of fringe on the national
United States, by the Constitution, flag, the dimensions of the flag, and
nor prohibited by it to the States, are arrangement of the stars are matters
reserved to the States or to the of detail not controlled by statute,
people." but within the discretion of the
To take a single step beyond the President as commander-in-chief of
boundaries thus specially drawn the army and navy." 1925, 34
around the powers of Congress, is to
take possession of a boundless field Op.Atty.Gen. 483.
of power, no longer susceptible of
any definition." The president as military
The created United States commander can add a yellow fringe
government cannot define the rights to our flag. When would this be
of their creator, the American done? During time of war. Why? A
people. flag with a fringe is an ensign, a
Three forms of law were granted military flag. Read the following.
to the Constitution, common law,
equity (contract law) and Admiralty "Pursuant to U.S.C. Chapter 1, 2,
law. Each had their own jurisdiction and 3; Executive Order No. 10834,
and purpose. The first issue I want August 21, 1959, 24 F.R. 6865, a
to cover is the United States flag. military flag is a flag that resembles
the regular flag of the United States, law) your status also changed from
except that it has a YELLOW sovereign to subject. From being
FRINGE, bordered on three sides. able to own property (allodial title)
The President of the United states to not owning property (tenet on the
designates this deviation from the land). If you think you own your
regular flag, by executive order, and property, stop paying taxes, it will be
in his capacity as COMMANDER- taken under the prize law.
IN- CHIEF of the Armed forces."
"The ultimate ownership of all
From the National Encyclopedia, property is in the state; individual
Volume 4: so-called ownership' is only by
virtue of government, i.e., law,
"Flag, an emblem of a nation; amounting to a mere user; and use
usually made of cloth and flown must be in accordance with law and
from a staff. From a military subordinate to the necessities of the
standpoint flags are of two general State." Senate Document No. 43,
classes, those flown from stationary "Contracts payable in Gold" written
masts over army posts, and those in 1933.
carried by troops in formation. The
former are referred to by the general By our allowing to let these
name flags. The latter are called military flags fly, the American
colors when carried by dismounted people have admitted our defeat and
troops. Colors and Standards are loss of status. Read on, you'll see
more nearly square than flags and what I mean. Remember the
are made of silk with a knotted Constitution recognizes three forms
Fringe of Yellow on three sides...use of law, being governed by the Law of
of the flag. The most general and the Flag is Admiralty law. I will
appropriate use of the flag is as a cover this in a minute, the following
symbol of authority and power." is a definition of the legal term Law
of the Flag.
The reason I started with the
Flag issue is because it is so easy to "...The agency of the master is
grasp. The main problem I have devolved upon him by the law of the
with the yellow fringe is that by its flag. The same law that confers his
use our Constitutional Republic is authority ascertains its limits, and
no more. Our system of law was the flag at the mast-head is notice to
changed without the public's all the world of the extent of such
knowledge. It was kept secret, this power to bind the owners or
is fraud, the American people were freighters by his act. The foreigner
allowed to believe this was just a who deals with this agent has notice
decoration. Because the law of that law, and, if he be bound by it,
changed from Common Law (God's there is not injustice. His notice is
Law) to Admiralty Law (the kings the national flag which is hoisted on
every sea and under which the saying this is the most incredible
master sails into every port, and thing I have ever heard. YOU have
every circumstance that connects read the proof, it will stand up in
him with the vessel isolates that court.
vessel in the eyes of the world, and But wait there is more, you
demonstrates his relation to the probably would say, how could this
owners and freighters as their agent happen? Here's how. Admiralty law
for a specific purpose and with is for the sea, maritime law govern's
power well defined under the contracts between parties that trade
national maritime law." Bouvier's over the sea. Well, that's what our
Law Dictionary, 1914. fore-fathers intended. However, in
1845 Congress passed an act saying
Don't be thrown by the fact they Admiralty law could come on land.
are talking about the sea, and that it The bill may be traced in Cong.
doesn't apply to land, I will prove to Globe, 28th Cong., 2d. Sess. 43, 320,
you that Admiralty law has come on 328, 337, 345 (1844-45), no
land. Next a court case: opposition to the Act is reported.
Congress held a committee on this
"Pursuant to the "Law of the subject in 1850 and they said:
Flag", a military flag does result in
jurisdictional implication when "The committee also alluded to
flown. The Plaintiff cites the "the great force" of "the great
following: "Under what is called constitutional question as to the
international law, the law of the flag, power of Congress to extend
a shipowner who sends his vessel maritime jurisdiction beyond the
into a foreign port gives notice by ground occupied by it at the
his flag to all who enter into adoption of the Constitution...."
contracts with the shipmaster that Ibid. H.R. Rep. No. 72 31st Cong.,
he intends the law of the flag to 1st Sess. 2 (1850)
regulate those contracts with the
shipmaster that he either submit to It was up to the Supreme Court to
its operation or not contract with stop Congress and say NO! The
him or his agent at all." Ruhstrat v. Constitution did not give you that
People, 57 N.E. 41, 45, 185 ILL. 133, power, nor was it intended. But no,
49 LRA 181, 76 AM. the courts began a long train of
abuses, here are some excerpts from
This is the legality I spoke of. a few court cases.
When you walk into a court and see
this flag you are put on notice that "This power is as extensive upon
you are in a Admiralty Court and land as upon water. The
that the king is in control. Also, if Constitution makes no distinction in
there is a king the people are no that respect. And if the admiralty
longer sovereign. You're probably jurisdiction, in matters of contract
and tort which the courts of the greatest grievance. The American
United States may lawfully exercise Courts of Admiralty seem to be
on the high seas, can be extended to forming by degrees into a system
the lakes under the power to that is to overturn our Constitution
regulate commerce, it can with the and to deprive us of our best
same propriety and upon the same inheritance, the laws of the land. It
construction, be extended to would be thought in England a
contracts and torts on land when the dangerous innovation if the trial, of
commerce is between different any matter on land was given to the
States. And it may embrace also the admiralty." Jackson v. Magnolia, 20
vehicles and persons engaged in How. 296 315, 342 (U.S. 1852)
carrying it on (my note - remember
what the law of the flag said when This began the most dangerous
you receive benefits from the king.) precedent of all the Insular Cases.
It would be in the power of Congress This is where Congress took a
to confer admiralty jurisdiction boundless field of power. When
upon its courts, over the cars legislating for the states, they are
engaged in transporting passengers bound by the Constitution, when
or merchandise from one State to legislating for their insular
another, and over the persons possessions they are not restricted
engaged in conducting them, and in any way by the Constitution.
deny to the parties the trial by jury. Read the following quote from the
Now the judicial power in cases of Harvard law review:
admiralty and maritime jurisdiction,
has never been supposed to extend "These courts, then, are not
to contracts made on land and to be constitutional courts in which the
executed on land. But if the power judicial power conferred by the
of regulating commerce can be made Constitution on the general
the foundation of jurisdiction in its government can be deposited. They
courts, and a new and extended are incapable of receiving it. They
admiralty jurisdiction beyond its are legislative courts, created in
heretofore known and admitted virtue of the general right of
limits, may be created on water sovereignty which exists in the
under that authority, the same government, or in virtue of that
reason would justify the same clause which enables Congress to
exercise of power on land." make all needful rules and
Propeller Genessee Chief et al. v. regulations respecting the territory
Fitzhugh et al. 12 How. 443 (U.S. belonging to the united States. The
1851) jurisdiction with which they are
invested is not a part of that judicial
"Next to revenue (taxes) itself, power which is conferred in the
the late extensions of the third article of the Constitution, but
jurisdiction of the admiralty are our is conferred by Congress in the
execution of those general powers by exercising such powers as other
which that body possesses over the nations of the earth are accustomed
territories of the United States." to exercise."
Harvard Law Review, Our New "I take leave to say that if the
Possessions. page 481. principles thus announced should
ever receive the sanction of a
Here are some Court cases that majority of this court, a radical and
make it even clearer Mr. ....: mischievous change in our system of
government will be the result. We
"...[T]he United States may will, in that event, pass from the era
acquire territory by conquest or by of constitutional liberty guarded and
treaty, and may govern it through protected by a written constitution
the exercise of the power of into an era of legislative
Congress conferred by Section 3 of absolutism."
Article IV of the Constitution..." "It will be an evil day for
American liberty if the theory of a
"In exercising this power, government outside of the supreme
Congress is not subject to the same law of the land finds lodgment in
constitutional limitations, as when it our constitutional jurisprudence.
is legislating for the United States. .. No higher duty rests upon this court
.And in general the guaranties of the than to exert its full authority to
Constitution, save as they are prevent all violation of the principles
limitations upon the exercise of of the constitution." Downes vs
executive and legislative power Bidwell, 182 U.S. 244 (1901)
when exerted for or over our insular
possessions, extend to them only as These actions allowed Admiralty
Congress, in the exercise of its law to come on land. If you will
legislative power over territory remember the definition of the Law
belonging to the United States, has of the Flag. When you receive
made those guarantees applicable." benefits or enter into contracts with
Hooven & Allison & Co. vs Evatt, the king you come under his law
324 U.S. 652 (1945) which is Admiralty law. And what is
a result of your connection with the
"The idea prevails with some king? A loss of your Sovereign
indeed, it found expression in status. Our ignorance of the law is
arguments at the bar that we have in no excuse. I'll give you an example,
this country substantially or something you deal with everyday.
practically two national Let's say you give me a seat belt
governments; one to be maintained ticket. What law did I violate?
under the Constitution, with all its Remember the Constitution
restrictions; the other to be recognizes three forms of law. Was
maintained by Congress outside and it common law? Who was the
independently of that instrument, injured party? No one. So it could
not have been common law even Admiralty setting the constitution
though the State of N. C. has made does not apply and the judge, if
chapter 20 of the Motor Vehicle pushed, will inform you of this by
code carry common law penalties, placing you under contempt for
jail time. This was the only thing continuing to bring it up. If the
they could do to cover up the judge is pressed, his name for this
jurisdiction they were operating in. hidden law is statutory law. Where
Was it Equity law? No, there is no are the rules and regulations for
contract in dispute, driving is a statutory law kept? They don't exist.
privilege granted by the king. If it If statuary law existed, there would
were a contract the UCC would be rules and regulations governing
apply, and it doesn't. In a contract it's procedures and court rules.
both parties have equal rights. In a They do not exist!!! The way you
privilege, you do as you are told or know this is Admiralty, is from the
the privilege is revoked. Well guess yellow fringed flag and from the
what, there is only one form of law actions of the law, compelled
left, admiralty. Ask yourself when performance (Admiralty). The
did licenses begin to be required? judges can still move at common law
1933. (murder etc.) and equity (contract
disputes etc.). It's up to the type of
All district courts are admiralty case brought before the court. If the
courts, see the Judiciary Act of case is Admiralty, the only way back
1789. to the common law is the saving to
suitor clause and action under
"It is only with the extent of Admiralty. The court and rules of all
powers possessed by the district three jurisdictions have been
courts, acting as instance courts of blended. Under Admiralty you are
admiralty, we are dealing. The Act compelled to perform under the
of 1789 gives the entire agreement you made by asking and
constitutional power to determine receiving the king's government
"all civil causes of admiralty and (license). You receive the benefit of
maritime jurisdiction," leaving the driving on federal roads (military
courts to ascertain its limits, as cases roads), so you have voluntarily
may arise." Waring ET AL,. v. obligated yourself to this system of
Clarke, Howard 5 12 L. ed. 1847 law, this is why you are compelled to
obey. If you don't it will cost you
When you enter a court room money or jail time or both. The type
and come before the judge and the of offense determines the
U.S. flag with the yellow fringe jurisdiction you come under, but the
flying, you are put on notice of the court itself is an Admiralty court,
law you are in. American's aren't defined by the flag. Driving without
aware of this, so they continue to a seat belt under Chapter 20 DMV
claim Constitutional rights. In the code carries a criminal penalty for a
non common law offense. Again
where is the injured party or parties, I want to briefly mention the
this is Admiralty law. Here is a Social Security Act, the nexus
quote to prove what I said about the Agreement you have with the king.
roads being military, this is only one You were told the SS# was for
benefit, there are many: retirement and you had to have it to
work. It sounds like a license to me,
"Whilst deeply convinced of and it is, it is a license granted by
these truths, I yet consider it clear the President to work in this
that under the war-making power country, under the Trading with the
Congress may appropriate money Enemy Act, as amended in March 9,
toward the construction of a military 1933, as you will see in a moment.
road when this is absolutely Was it really for your retirement?
necessary for the defense of any What does F.I.C.A. stand for?
State or Territory of the Union Federal Insurance Contribution Act.
against foreign invasion. Under the What does contribution mean at
Constitution Congress has power "to law, not Webster's Dictionary. This
declare war," "to raise and support is where they were able to get you to
armies," "to provide and maintain a admit that you were jointly
navy," and to call forth the militia to responsible for the national debt,
"repel invasions." Thus endowed, in and you declared that you were a
an ample manner, with the war- Fourteenth Amendment citizen,
making power, the corresponding which I won't go into in this paper
duty is required that "the United or the Erie Railroad v. Tompkins
States shall protect each of them case where common law was over
[the States] against invasion." Now, turned. Read the following
how is it possible to afford this definition to learn what it means to
protection to California and our have a SS# and pay a contribution:
Pacific possessions except by means
of a military road through the Contribution. Right of one who
Territories of the United States, over has discharged a common liability to
which men and munitions of war recover of another also liable, the
may be speedily transported from aliquot portion which he ought to
the Atlantic States to meet and to pay or bear. Under principle of
repel the invader?....Besides, the "contribution," a tort-feasor against
Government, ever since its origin, whom a judgement is rendered is
has been in the constant practice of entitled to recover proportional
constructing military roads." shares of judgement from other joint
Inaugural Address of James tort-feasor whose negligence
Buchanan, March 4, 1857,..Messages contributed to the injury and who
and Papers of the Presidents, 1789- were also liable to the plaintiff. (foot
1902. note * tort feasor means wrong doer,
what did you do to be defined as a
wrong doer???) The share of a loss business, as the President, if he shall
payable by an insure when contracts find the safety of the United States
with two or more insurers cover the of the successful prosecution of the
same loss. The insurer's share of a war shall so require, may, by
loss under a coinsurance or similar proclamation, include within the
provision. The sharing of a loss or term "enemy.""
payment among several. The act of
any one or several of a number of Now, this leads us up to 1933.
co-debtors, co-sureties, etc., in Our country was recovering from a
reimbursing one of their number depression and now was declared
who has paid the whole debt or bankrupt. I know you are saying.
suffered the whole liability, each to Do What, the American people were
the extent of his proportionate never told about this? Public policy
share. (Blacks Law Dictionary 6th and National Security overruled the
ed.) public right to know. Read the
following Congressional quote:
Guess what? It gets worse.
What does this date 1933 mean? "My investigation convinced
Well you better sit down. First, me that during the last quarter of a
remember World War I, in 1917 century the average production of
President Wilson declared the War gold has been falling off
Powers Act of October 6, 1917, considerably. The gold mines of the
basically stating that he was world are practically exhausted.
stopping all trade with the enemy There is only about
except for those he granted a license, $11,000,000,000 in gold in the
excluding Americans. Read the world, with the United States
following from this Trading with the owning a little more than four
enemy Act, where he defines enemy: billions. We have more than
$100,000,000,000 in debts payable
in gold of the present weight and
In the War Powers Act of 1917, fineness....As a practical proposition
Chapter 106, Section 2 (c) it says these contracts cannot be collected
that these declared war powers did in gold for the obvious reason that
not affect citizens of the United the gold supply of the entire world is
States: not sufficient to make payment."
Congressional Record, Congressman
"Such other individuals, or body Dies March 15, 1933
or class of individuals, as may be
natives, citizens, or subjects of any Before 1933 all contracts with
nation with which the United States the government were payable in
is at war, OTHER THAN CITIZENS gold. Now I ask you? Who in their
OF THE UNITED STATES, right mind would enter into
wherever resident or wherever doing contracts totaling One Hundred
billion dollars in gold, when there of the Federal Reserve Act provides
was only eleven billion in gold in the that whenever the Government of
whole world, we had about four the United States issues and delivers
billion. To keep from being hung by money, Federal Reserve notes,
the American public they obeyed the which are based on the credit of the
banksters demands and turned over Nation--they represent a mortgage
our country to them. They never upon your home and my home, and
came out and said we were in upon all the property of all the
bankruptcy but, the fact remains, we people of the Nation--to the Federal
are. In 1933 the gold of the whole Reserve agent, an interest charge
country had to be turned in to the shall be collected for the
banksters, and all government Government." Congressional
contracts in gold were canceled. Record, Congressman Patman
This is bankruptcy. March 13, 1933
"That is the equity of what we are
"Mr. Speaker, we are here now in about to do. Yes; you are going to
chapter 11. Members of Congress close us down. Yes; you have
are official trustees presiding over already closed us down, and have
the greatest reorganization of any been doing it long before this year.
bankrupt entity in world history, the Our President says that for 3 years
U.S. government." Congressman we have been on the way to
Traficant on the House floor, March bankruptcy. We have been on the
17, "1993" way to bankruptcy longer than 3
years. We have been on the way to
The wealth of the nation bankruptcy ever since we began to
including our land was turned over allow the financial mastery of this
to the banksters. In return, the country gradually to get into the
nations 100 billion dollar debt was hands of a little clique that has held
forgiven. it right up until they would send us
I have two papers that have to the grave." Congressional
circulated the country on this Record, Congressman Long March
subject. Remember Jesus said 11, 1933
"money is the root of all evil" The
Congress of 1933 sold every What did Roosevelt do? Sealed
American into slavery to protect our fate and our childrens fate, but
their asses. Read the following worst of all, he declared War on the
Congressional quotes: American People, remember the
War Powers Act, the Trading with
"I want to show you where the the enemy Act. He declared
people are being imposed upon by emergency powers with his
reason of the delegation of this authority being the War Powers Act,
tremendous power. I invite your the Trading with the enemy Act.
attention to the fact that section 16 The problem is he redefined who
the enemy was, read the following: SUBJECT TO THE JURISDICTION
(remember what I said about the THEREOF."
SS# being a license to work)
Here is the legal phrase subject
"The declared National to the jurisdiction thereof, but at law
Emergency of March 9, 1933 this refers to alien enemy and also
amended the War Powers Act to applies to Fourteenth Amendment
include the American People as citizens:
enemies:
"As these words are used in the
"In Title 1, Section 1 it says: The first section of the Fourteenth
actions, regulations, rules, licenses, Amendment of the Federal
orders and proclamations heretofore Constitution, providing for the
or hereafter taken, promulgated, citizenship of all persons born or
made, or issued by the President of naturalized in the United States and
the United States or the Secretary of subject to the jurisdiction thereof,
the Treasury since March 4, 1933, the purpose would appear to have
pursuant to the authority conferred been to exclude by the fewest words
by subdivision (b) of section 5 of the (besides children of members of the
Act of October 6, 1917, as amended, Indian tribes, standing in a peculiar
are hereby approved and relation to the National
confirmed." Government, unknown to the
"Section 2. Subdivision (b) of common Law), the two classes of
section 5 of the Act of October 6, cases, children born of *ALIEN
1917, (40 Stat. L. 411), as amended, ENEMIES(emphasis mine), in
is hereby amended to read as hostile occupation, and children of
follows: emergency declared by the diplomatic representatives of a
President, the President may, foreign state, both of which, by the
through any agency that he may law of England and by our own law,
designate, or otherwise, investigate, from the time of the first settlement
regulate, or prohibit, under such of the English colonies in America,
rules and regulations as he may had been recognized exceptions to
prescribe, by means of licenses or the fundamental rule of citizenship
otherwise, any transactions in by birth within the country."
foreign exchange, transfers of credit United States v Wong Kim Ark, 169
between or payments by banking US 649, 682, 42 L Ed 890, 902, 18 S
institutions as defined by the Ct 456. Ballentine's Law Dictionary
President, and export, hoarding,
melting, or earmarking of gold or Congressman Beck had this to say
silver coin or bullion or currency, BY about the War Powers Act:
ANY PERSON WITHIN THE
UNITED STATES OR ANY PLACE "I think of all the damnable
heresies that have ever been
suggested in connection with the institute martial law; seize and
Constitution, the doctrine of control all transportation and
emergency is the worst. It means communication; regulate the
that when Congress declares an operation of private enterprise;
emergency there is no Constitution. restrict travel; and, in a plethora of
This means its death....But the particular ways, control the lives of
Constitution of the United States, as all American citizens." "A
a restraining influence in keeping majority of the people of the United
the federal government within the States have lived all of their lives
carefully prescribed channels of under emergency rule. For 40 years,
power, is moribund, if not dead. We freedoms and governmental
are witnessing its death-agonies, for procedures guaranteed by the
when this bill becomes a law, if Constitution have, in varying
unhappily it becomes law, there is degrees, been abridged by laws
no longer any workable Constitution brought into force by states of
to keep the Congress within the national emergency....from, at least,
limits of its constitutional powers." the Civil War in important ways
(Congressman James Beck in shaped the present phenomenon of
Congressional Record 1933) a permanent state of national
emergency." Senate Report, 93rd
The following are excerpts from Congress, November 19, 1973
the Senate Report, 93rd Congress, You may be asking yourself is this
November 19, 1973, Special the law, and if so where is it, read
Committee On The Termination Of the following:
The National Emergency United
States Senate. They were going to In Title 12 U.S.C, in section 95b
terminate all emergency powers, but you'll find the following codification
they found out they did not have the of the Emergency War Powers:
power to do this so guess which one
stayed in, the Emergency Act of "The actions, regulations, rules,
1933, the Trading with the Enemy licenses, orders and proclamations
Act October 6, 1917 as amended in heretofore or hereafter taken,
March 9, 1933. promulgated, made, or issued by the
President of the United States or the
"Since March 9, 1933, the Secretary of the Treasury since
United States has been in a state of March 4, 1933, pursuant to the
declared national authority conferred by subsection
emergency....Under the powers (b) of section 5 of the Act of October
delegated by these statutes, the 6, 1917, as amended (12 U.S.C., 95a),
President may: seize property; are hereby approved and
organize and control the means of confirmed." (March 9, 1933, c. 1,
production; seize commodities; Title 1, 1, 48 Stat. 1)
assign military forces abroad;
Trading with the Enemy Act and
So you can further understand Executive Orders thereunder."
the word Alien Enemy and what it Executive Order March 11, 1942, No.
means to be declared an enemy of 9095, as amended, 50 U.S.C.A.
this government, read the following Appendix 6; Trading with the
definitions: Enemy Act 5 (b). In re Oneida Nat.
Bank & Trust Co. of Utica, 53 N.Y.S.
The phrase Alien Enemy is 2d. 416, 420, 421, 183 Misc. 374.
defined in Bouvier's Law Dictionary "By the modern phrase, a man
as: One who owes allegiance to the who resides under the allegiance
adverse belligerent. 1 Kent 73. and protection of a hostile state for
He who owes a temporary but not commercial purposes is to be
a permanent allegiance is an alien considered to all civil purposes as
enemy in respect to acts done during much an
such temporary allegiance only; and alien enemy' as if he were born
when his allegiance terminates, his there." Hutchinson v. Brock, 11
hostile character terminates also; 1 Mass. 119, 122.
B. & P. 163.
Alien enemies are said to have no Am I done with the proof? Not
rights, no privileges, unless by the quite, believe it or not it gets worse.
king's special favor, during time of I have established that war has been
war; 1 Bla. Com. 372; Bynkershoek declared against the American
195; 8 Term 166. [Remember we've people and their children. The
been under a declared state of war American people that voted for the
since October 6, 1917, as amended 1933 government were responsible
March 9, 1933 to include every for Congress' actions, because
United States citizen.] Congress was there in their proxy.
What is one of the actions taken
"The phrase Alien Enemy is against an enemy during time of
defined in Words and Phrases as: War. In the Constitution the
Residence of person in territory of Congress was granted the power
nation at war with United States was during the time of war to grant
sufficient to characterize him as Letters of Marque. What is a letter
"alien enemy" within Trading with of Marque? Well, read the
the Enemy Act, even if he had following:
acquired and retained American
citizenship." Matarrese v. Matarrese, A commission granted by the
59 A.2d 262, 265, government to a private individual,
to take the property of a foreign
142 N.J. Eq. 226. state, as a reparation for an injury
"Residence or doing business in a committed by such state, its citizens
hostile territory is the test of an or subjects. The prizes so captured
"alien enemy: within meaning of are divided between the owners of
the privateer, the captain, and the 1917." Title 12 Banks and Banking
crew. Bouvier's Law Dictionary page 570.
1914.
How about Clinton's new
Think about the mission of the Executive Order of June 6, 1994
IRS, they are a private organization, where the Alphabet agencies are
or their backup, the ATF. These granted their own power to obtain
groups have been granted letters of money and the military if need be to
Marque, read the following: protect themselves. These are un-
elected officials, sounds un-
"The trading with the enemy Constitutional to me, but read on.
Act, originally and as amended, in
strictly a war measure, and finds its "The delegations of authority in
sanction in the provision this Order shall not affect the
empowering Congress "to declare authority of any agency or official
war, grant letters of Marque and pursuant to any other delegation of
reprisal, and make rules concerning presidential authority, presently in
captures on land and water." effect or hereafter made, under
Stoehr v. Wallace 255 U.S. section 5 (b) of the act of October 6,
1917, as amended (12 U.S.C. 95a)"
Under the Constitution the Power
of the Government had its checks How can the President delegate
and balances, power was divided to un-elected officials power that he
between the three branches of was elected to have, and declare that
government. To do anything else it cannot be taken away, by the
means you no longer have a voters or the courts or Congress? I
Constitutional government. I'm not tell you how under martial law,
even talking about the obvious under the War Powers Act. The
which we have already covered, read American public is asleep and is
the following: unaware nor do they care about
what is going on, because it may
"The Secretary of the Treasury interfere with their making money.
and/or the Attorney General may I guess Thomas Jefferson was right
require, by means of regulations, again:
rulings, instructions, or otherwise,
any person to keep a full record of, "...And to preserve their
and to furnish under oath, in the independence, we must not let our
form of reports or otherwise, from rulers load us with perpetual debt.
time to time and at any time or We must make our election between
times, complete information relative economy and liberty or profusion
to, any transaction referred to in and servitude. If we run into such
section 5 (b) of the Act of October 6, debts as that we must be taxed in
our meat and in our drink, in our
necessaries and our comforts, in our don't know, this sounds like a
labors and our amusements, for our conflict of entrust to me, how about
callings and our creeds, as the you? Also the Congress is the only
people of England are, our people, one under the Constitution to be
like them, must come to labor able to appropriate money.
sixteen hours in the twenty-four,
and give the earnings of fifteen of "Without limitation as to any
these to the government for their other powers or authority of the
debts and daily expenses; and the Secretary of the Treasury or the
sixteenth being insufficient to afford Attorney General under any other
us bread, we must live, as they now provision of this Order, the
do, on oatmeal and potatoes; have Secretary of the Treasury is
not time to think, no means of authorized and empowered to
calling the mismanager's to account; prescribe from time to time
but be glad to obtain subsistence by regulations, rulings, and
hiring ourselves to rivet their chains instructions to carry out the
on the necks of our fellow purposes of this Order and to
sufferers..." provide therein or otherwise the
(Thomas Jefferson) THE MAKING conditions under which licenses may
OF AMERICA, p. 395 be granted by or through such
officers or agencies as the Secretary
Submitted January 28 of the Treasury may designate, and
"Lloyd Bentsen, of Texas, to be the decision of the Secretary with
U.S. Governor of the International respect to the granting, denial or
Monetary Fund for a term of 5 other disposition of an application
years; U.S. Governor of the or license shall be final." Section 7,
International Bank for Title 12 U.S.C. Banks and Banking
Reconstruction and Development
for a term of 5 years; U.S. Governor How about a few months ago
of the Inter-American Development when Secretary of Treasury Ruban
Bank for a term of 5 years; U.S. sent tons of money to Mexico,
Governor of the African without Congress' approval. Do the
Development Bank for a term of 5 issues I have brought up sound like
years; U.S. Governor of the Asian this is a Constitutional government
Development Bank; U.S. Governor to you? I have not covered the main
of African Development Fund; and nexus, the money. If you would like
U.S. Governor of the European Bank to read about this, read my other
for Reconstruction and papers, The History of Lawful
Development." Presidential Money and A Country Defeated In
Documents, February 1, 1993. Victory. Sheriff .... I am one man
fighting a giant with a fly swatter
At the same time, Bentsen was (the pen). If you are bold enough to
the Secretary of Treasury. Gee I jerk the flags with a fringe on them
out and put back the U. S. flag, just from the southern States were
make sure you protect you backside. denied seats."
Before you do this, make sure your "Joint Resolution No. 48,
constituents in your county are proposing the Fourteenth
made aware of this information. Amendment, was a matter of great
Because if you do this you will find concern to the Congress and to the
the whole U.S. government against people of the Nation. In order to
you and for sure they will cut off all have this proposed Amendment
money to your county in the short submitted to the 36 States for
term, and in the long term, do ratification, it was necessary that
whatever is necessary to remove two thirds of each house concur. A
you. I didn't make this information count of noses showed that only 33
up, it is the government's own Senators were favorable to the
documents and legal definitions measure, and 33 was a far cry from
taken from their dictionaries. I wish two thirds of 72 and lacked one of
the hard working Americans in the being two thirds of the 50 seated
government that are loyal to an Senators."
American Republic could read this, "While it requires only a majority
the more that know the truth the of votes to refuse a seat to a Senator,
better. it requires a two thirds majority to
unseat a member once he is seated.
James Franklin Montgomery (see Article I, Section 5, Constitution
of the United States."
Footnote #12 "One John P. Stockton was seated
on December 5, 1865, as one of the
"When the 39th Congress Senators from New Jersey. He was
assembled on December 5, 1865, the outspoken in his opposition to Joint
Senators and Representatives from Resolution No. 48 proposing the
the 25 northern States voted to deny Fourteenth Amendment. The
seats in both Houses of Congress to leadership in the Senate, not having
anyone elected from the 11 southern control of two ;thirds of the seated
States. The full complement of Senators, voted to refuse to seat Mr.
Senators from the 36 States of the Stockton upon the ground that he
Union was 72, and the full had received only a plurality and not
membership in the House was 240. a majority of the votes of the New
Since it requires only a majority vote Jersey legislature. It was the law of
(see Article I, Section 5, Constitution New Jersey, and several other
of the United States) to refuse a seat States, that a plurality vote was
in Congress, only the 50 Senators sufficient for election. Besides, the
and 182 Congressmen from the Senator had already been seated.
North were seated. All of the 22 Nevertheless, his seat was -refused-
Senators and 58 Representatives and the 33 favorable votes thus
became the required two thirds of presented to them, thereby denying
the 49 members of the Senate." any STATE of the UNION to use its
"In the House of Representatives Mala Prohibita statutes to claim
it would require 122 votes to be two dominion over James Franklin
thirds of the 182 ;members seated. Montgomery James Franklin
Only 120 voted for the proposed Montgomery is not one in contract
Amendment, but because there were with the UNITED STATES or any of
30 abstentions it was declared to the STATES united in UNION
have been passed by a two thirds carrying the misnomer of JAMES
vote of the House." Dyett v. Turner FRANKLIN MONTGOMERY,
439 p2d 266 @ 269, 20 U2d 403 corporate fiction, which would then
amount to crimes by all parties in
Footnote #13 this action of forcible trespass,
extortion, peonage, involuntary
James Franklin Montgomery servitude and other Title 18 and
C/O 100 Bridlewood Rd. Title 42 crimes. Any actions of any
High Point North Carolina state party mentioned above or others is
now considered forced peonage and
District Attorney involuntary servitude, which also
RANDY LYON includes forced driving license,
County of Wilkes license or registration of any kind of
State of North Carolina property that subverts a right by
changing it into a privilege and
ACCEPTANCE charging for it, which subjects those
REFUSED FOR CAUSE, to Title 18 U.S.C. 1581, 1584 and 42
WITHOUT DISHONOR U.S.C. 1994 and other statutes of
their own making that they are
To whom it may concern, bound by their oath to their
constitutions.
I James Franklin Montgomery,
do hereby make this ACCEPTANCE "...What is peonage? It may be
REFUSED FOR CAUSE , WITHOUT defined as a status or condition of
DISHONOR OF the Traffic Citation, compulsory service, based upon the
7587232-1. indebtedness of the peon to the
master. The basal fact is
CAUSE indebtedness....Peonage is
sometimes classified as voluntary or
1. My Declaration of separation as involuntary, but this implies simply
of January 1, 1993, (part of which is a difference in the mode of origin,
contained in the attached but none in the character of the
document) was not disputed by the servitude. The one exists where the
UNITED STATES or any of its debtor voluntarily contracts to enter
political subdivisions et al, when the service of his creditor. The other
is forced upon the debtor by some inhabitants up to the states. The
provision of law." Clyatt v. United kings Treaty of 1783 made the
States 197 U.S. Reports @ page 215 freeman status of the inhabitants
retroactive from 1776, declared by
2. The First Constitutional the Declaration of Independence
Assembly, 7/25/1774, stated and the Declaration of Rights of the
sovereignty reverts to the individual individual states. In 1787 the states
people, also stated in the North sent representatives to the
Carolina Constitution of 1776. Constitutional convention to ratify
James Franklin Montgomery denies the new treaty between the states,
waiving this sovereignty as the otherwise known as the Constitution
Treaty signers had no right to sell of the United States. Unknown to
James Franklin Montgomery into the inhabitants of the states several
peonage making him a subject of the things took place. The Treaty was
Crown or citizen of the united States an incorporation and created the
through the 1787 Constitution/ United States government; and
compact/treaty. incorporated the states creating the
State of....; the Treaty also
In 1776 North Carolina state incorporated the inhabitant. No
declared the inhabitants to be longer were they freeman, now they
freeman and; 12. "That no freeman became citizens of the United States.
ought to be taken, imprisoned, or (The word of means belonging to,
disseized of his freehold, liberties, or see Blacks Law dictionary.)
privileges, or outlawed or exiled, or
in any manner destroyed, or "Being dissatisfied with the
deprived of his life, liberty or measures of the British
property, but by the law of the Government, they revolted from it,
land." Declaration of Rights 1776 assumed the government into their
own hands, seized and took
44. "That the declaration of rights possession of all the estates of the
is hereby declared to be part of the King of Great Britain and his
constitution of this state, and ought subjects, appropriated them to their
never to be violated on any pretence own use, and defended their
whatsoever." North Carolina possessions against the claims of
constitution 1776 Great Britain, during a long and
bloody war, and finally obtained a
In the following court case you relinquishment of those claims by
will see, that in the Paris Treaty of the treaty of Paris. But this State had
1783, the king did not cede to the no title to the territory prior to the
states or the United States title of the King of Great Britain and
government Title for this land, he his subjects, nor did it ever claim as
did grant sovereignty to the states; lord paramount to them. This State
and left finial determination of the was not the original grantor to them,
nor did they ever hold by any kind of making the declaration of rights,
tenure under the State, or owe it any their interest is secured to them
allegiance or other duties to which beyond the reach of any Act of
an escheat is annexed. How then can Assembly; neither can it be affected
it be said that the lands in this case by any principle arising from the
naturally result back by a kind of doctrine of escheats, supposing,
reversion to this State, to a source what I do not admit, that the State
from whence it never issued, and took by escheat." MARSHALL v.
from tenants who never held under LOVELESS, 1 N.C. 412 (1801), 2 S.A.
it?....At the time of the revolution, 70
and before the Declaration of
Independence, the collective body of The general assembly of North
the people had neither right to nor Carolina had no authority or
possession of the territory of this standing to change my legal status
State; it is true some individuals had from sovereign to a corporate
a right to, and were in possession of fiction. Americans have been
certain portions of it, which they defrauded into believing they are
held under grants from the King of free, because they have freedom of
Great Britain; but they did not hold, movement within obvious legislative
nor did any of his subjects hold, boundaries; while unknown to them
under the collective body of the by their in- corporation, they were
people, who had no power to grant again made subjects of the king.
any part of it. After the Declaration The below quotes from the 1663
of Independence and the Carolina Charter reveal why the
establishment of the Constitution, court stated in Marshall v. Loveless
the people may be said first to have that the corporate States and the
taken possession of this country, at created corporation, United States
least so much of it as was not did not have Title to this land.
previously appropriated to
individuals..... Therefore, whether The king retained Title and
the State took by right of conquest interest through his original
or escheat, all the interest which the Charters and managed to see that
U. K. had previous to the his Title and Grants/Charters were
Declaration of Independence still preserved in the 1776 North
remained with them, on every Carolina constitution, read the
principle of law and equity, because following.
they are purchasers for a valuable
consideration, and being in "And provided further, that
possession as cestui que trust under nothing herein contained shall affect
the statute for transferring uses into The titles or possessions of
possession; and citizens of this individuals holding or claiming
State, at the time of the Declaration under The laws heretofore in force,
of Independence, and at the time of or grants heretofore made by the
late king George II, or his the land. The treaty now under
predecessors, or the late lords consideration was made, on the part
Proprietors, or any of them." of the United States, by a Congress
Section 25, Declaration of Rights composed of deputies from each
1776, North Carolina constitution state, to whom were delegated by
the articles of confederation,
"SAVING always, the Faith, expressly, "the sole and exclusive
Allegiance, and Sovereign Dominion right and power of entering into
due to us, our heirs and Successors, treaties and alliances"; and being
for the same; and Saving also, the ratified and made by them, it
right, title, and interest of all and became a complete national act, and
every our Subjects of the English the act and
Nation which are now Planted law of every state....
within the Limits bounds aforesaid, "By an act of the Legislature of
if any be;..." The Carolina Charter, North Carolina, passed in April,
1663 1777, it was, among other things,
enacted, "That all persons, being
"KNOW YE, that We, of our further subjects of this State, and now living
grace, certain knowledge, and mere therein, or who shall hereafter come
motion, HAVE thought fit to Erect to live therein, who have traded
the same Tract of Ground, Country, immediately to Great Britain or
and Island into a Province, and, out Ireland, within ten years last past, in
of the fullness of our Royal power their own right, or acted as factors,
and Prerogative, WE Do, for us, our storekeepers, or agents here, or in
heirs and Successors, Erect, any of the United States of America,
Incorporate, and Ordain the same for merchants residing in Great
into a province, and do call it the Britain or Ireland, shall take an oath
Province of CAROLINA, and so from of abjuration and allegiance, or
henceforth will have it called..." The depart out of the State." Treaties are
Carolina Charter 1663 the "Law of the Land" HAMILTON
v. EATEN, 1 N.C. 641 (1796),
The below court cases make it HAMILTON v. EATEN. Ä 2 Mart., 1.
clear your presence in the corporate U.S. Circuit Court. (June Term,
State of....creates legal residence and 1796.)
obligation to the king.
"Our Legislature may define and
"Headnote 5. Besides, the treaty punish crimes committed within the
of 1783 was declared by an Act of State, whether by citizen or
Assembly of this State passed in strangers; because the former are
1787, to be law in this State, and this supposed to have consented to all
State by adopting the Constitution of laws made by the Legislature, and
the United States in 1789, declared the latter, whether their residence
the treaty to be the supreme law of be temporary or permanent, do
impliedly agree to yield obedience to state which created the Corporation,
all such laws as long as they remain and then says,
in the State;" STATE v. KNIGHT, 1 you shall not traverse that
N.C. 143 (1799), 2 S.A. 70 Presumption'; and that is the law
now.....So that when a suit is to be
My January 1, 1993 declaration brought in a court of the United
which noticed all relevant parties, States by or against a corporation,
including the State of North by reason of the character of the
Carolina, has stood unchallenged parties, you have only to say that
from that time, I chose to depart this corporation after naming it
from the corporate State, thereby correctly was created by a law of the
un-incorporating myself, rather state; and that is exactly the same in
than be apart of a fraudulent system its consequences as if you could
bent on self-destruction, and a allege, and did allege, that the
system which enslaves the corporation was a citizen of that
inhabitants by peonage, using the state.
tools of debt, taxation and contract.. Blackstone Commentaries Book III,
James Franklin Montgomery has pg 1553
never intentionally, knowingly or
voluntarily, contracted to create a PEONAGE BY FINANCIAL
legal resident/fiction. Blackstone SERVITUDE
made it perfectly clear in his BANKRUPTCY
commentaries how this court
procedure takes place under such Congressman Lemke: "....This
conditions. This is why the first nation is bankrupt; every State in
thing that is done in court is the this Union is bankrupt; the people of
naming of the person/corporation, the United States, as a whole, are
read the following. bankrupt. The public and private
debts of this Nation, which are
"A suit by or against a corporation evidenced by bonds, mortgages,
in its corporate name may be notes, or other written instruments
presumed to be a suit by or against about to about $250,000,000,000,
citizens of the state which created and it is estimated that there is
the corporate body, and no about $50,000,000,000 of which
averment or denial to the contrary is there is no record, making in all
admissible for the purpose of about $300,000,000,000 of public
withdrawing the suit from the and private debts. The total physical
jurisdiction of a court of the United cash value of all the property in the
States. United States is now estimated at
about $70,000,000,000. That is
There is the Roman fiction: The more than it would bring if sold at
court first decides the law, presumes public auction. In this we do not
all The members are citizens of the include debts or the evidence of
debts, such as bonds, mortgages, that whenever the Government of
and so fourth. These are not the United States issues and delivers
physical property. They will have to money, Federal Reserve notes,
be paid out of the physical property. which are based on the credit of the
How are we going to pay Nation--they represent a mortgage
$300,000,000,000 with only upon your home and my home, and
$70,000,000,000?" upon all the property of all the
Congressional Record, March 3, people of the Nation--to the Federal
1934 Reserve agent, an interest charge
shall be collected for the
Congressman Traficant said on Government." Congressional
the House floor, March 17, 1993 Record, Congressman Patman
that: March 13, 1933
"Mr. Speaker, we are here now in
chapter 11. Members of Congress "The ultimate ownership of all
are official trustees presiding over property is in the state; individual
the greatest reorganization of any so-called ownership' is only by
bankrupt entity in world history, the virtue of government, i.e., law,
U.S. government." amounting to a mere user; and use
must be in accordance with law and
On March 10, 1933 President subordinate to the necessities of the
Roosevelt ordered that all State." Senate Document No. 43,
Americans had to turn in their Gold, "Contracts payable in Gold" written
which moved our gold assets to the in 1933.
Bank of England, as part of the
bankruptcy and new extension of The United States government
this Nations credit, through Federal and its sub-corporations, States
Reserve notes based on the all of.....are operating under color of
property of this Nation, and labor of law, under emergency rule, outside
every American. of the United States constitution, as
This was done by Presidential stated in the following quote from
Executive Order, 6073 and the the Senate. See also, Harvard Law
subsequent Executive Orders, 6102, Review, insular cases.
6111 and 6260 [these documents
are still publicly attainable in any "Since March 9, 1933, the United
federal depository library] States has been in a state of declared
national emergency....Under the
"I want to show you where the powers delegated by these statutes,
people are being imposed upon by the President may: seize property;
reason of the delegation of this organize and control the means of
tremendous power. I invite your production; seize commodities;
attention to the fact that section 16 assign military forces abroad;
of the Federal Reserve Act provides institute martial law; seize and
control all transportation and The Plaintiff has not made an
communication; regulate the affidavit of truth that James
operation of private enterprise; Franklin, Montgomery has
restrict travel; and, in a plethora of committed a crime or civil cause for
particular ways, control the lives of the court to gain jurisdiction. Our
all American citizens." "A courts are based on the English
majority of the people of the United courts with few exceptions, the
States have lived all of their lives district and tax courts were called
under emergency rule. For 40 years, courts of Exchequer.
freedoms and governmental
procedures guaranteed by the Exchequer: "In English Law. A
Constitution have, in varying department of the government
degrees, been abridged by laws which has the management of the
brought into force by states of collection of the king's revenue."
national emergency....from, at least, Bouvier's Law Dictionary 1914 ed.
the Civil War in important ways
shaped the present phenomenon of The equity court of the exchequer:
a permanent state of national "57. The court of equity is held in the
emergency." Senate Report, 93rd exchequer chamber before the lord
Congress, November 19, 1973 treasurer, the chancellor of the
exchequer, the chief baron, and
The Bankruptcy of 1933 and the three puisne' ones. These Mr.
taxation which created social Selden conjectures to have been
obligation for every American is anciently made out of such as were
financial servitude, which is in barons of the kingdom, or
violation of United States law Title parliamentary barons; and thence to
18 U.S.C. 1581, 1584 and 42 U.S.C. have derived their name: which
1994. The king has been using the conjecture receives great strength
American courts to recover his form Bracton's explanation of
loses. When in the district courts magna carta, c.14, which directs that
(admiralty courts) the king is the earls and barons be amerced by
plaintiff, he comes against you in the their peers; that is, says he, by the
body of his corporations, State or barons of the exchequer. The
federal. The money demanded from primary and original business of
his incorporated this court is to call the king's debtors
persons/corporations after they are to account, by bill filed by the
correctly named, is taxation without attorney general; and to recover any
representation, a collection of the lands, tenements, or hereitaments,
kings debt. Therefore, all parties are any goods, chattels, or other profits
not before the court which denies or benefits, belonging to the crown.
procedural due process and So that by their original constitution
notification of who the true plaintiff the jurisdiction of the courts of
is. The Officer is not the Plaintiff. common pleas, king's bench, and
exchequer, was entirely separate and have ever since enjoyed. That public
distinct; the common pleas being debt has been contracted in the
intended to decide all controversies defense, not of Great Britain alone,
between subject and subject; the but of all the different provinces of
king's bench to correct all crimes the empire; the immense debt
and misdemeanors that amount to a contracted in the late war in
breach of the peace, the king being particular, and a great part of that
then the plaintiff, as such offenses contracted in the war before, were
are in open derogation of the jura both properly contracted in defense
regalia (regal rights) of his crown; of America. . . The Wealth of
and the exchequer to adjust [45] and Nations, by Adam Smith, 1776
recover his revenue, wherein the
king also is plaintiff, as the
withholding and nonpayment
thereof is an injury to his jura Purgatory Oath:
fiscalia (fisical rights). Black Stone
Commentaries Book III, pg 1554 "An oath by which a person purges
or clears himself from
The Department of Motor presumptions, charges or suspicions
Vehicles was put under the direction standing against him, or from a
and control of the Revenue contempt." Blacks Law Dictionary,
Department by the Act of 1933, 4th ed.
chapter 214 - S.B 238, thereby the
primary concern is that of being The Acceptance Refused for
revenue collectors Cause, Without Dishonor is to be
considered my Purgatory Oath along
"AN ACT TO TRANSFER THE with my previous January 1, 1993
STATE HIGHWAY PATROL declaration, which shows my
FROM THE HIGHWAY consistent mind set and conviction.
DEPARTMENT TO THE
DEPARTMENT OF Refusal to dispute the above or
REVENUE...." silent acquiescence within a ten day
period from your receipt of this
"It is not contrary to justice that . . . document will show a fault and the
America should contribute towards court on its own recognizance will
the discharge of the public debt of vitiate the traffic citation. Failure to
Great Britain. . . . a government to do this will be admissions that the
which several of the colonies of parties and the court is involved in
America owe their present charters, forcible trespass on the Case,
and consequently their present extortion, via Highway Robbery and
constitution; and to which all the forced peonage and involuntary
colonies of America owe the liberty, servitude.
security, and property which they
Congress of the United States,
Mark Twain: "...To be loyal to Senate of the United States
rags, to shout for rags, to worship
rags, to die for rags--that is a loyalty January 1, 1993
of unreason; it is pure animal; it
belongs to monarchy; was invented Dear Sirs,
by monarchy; let monarchy keep it.
I was from Connecticut, whose A long chain of events in the
constitution declared "That all UNGODLY (federal) United States
political power is inherent in the government's policies, as evidenced
people, and all free governments are by the statutory laws it passes and
founded on their authority and agreements, treaties entered into
instituted for their benefit, and that with foreign countries has prompted
they have at all times an undeniable this letter. Evidence of the God this
and indefensible right to alter their government is subject to is in the
form of government in such a laws it's representatives promote
manner as they think expedient." and pass. The United States
Under that gospel, the citizen who government no longer abides by or
thinks that the Commonwealth's adheres to God's Laws.1
political clothes are worn out and Thereby changing the original
yet holds his peace and does not intent of the Fore-Fathers, which
agitate for a new suit, is disloyal; he was to establish a government that
is a traitor. That he may be the only would promote commerce, at the
one who thinks he sees this decay same time protect the inalienable
does not excuse him; it is his duty to rights of the sovereign Citizens of
agitate, anyway, and it is the duty of the several States and bind the
others to vote him down if they do hands of government. While
not see the matter as he does." restricting the powers of
Congressional Record, April 9, 1934 government with laws based on the
English common law, which is based
Year of Our Lord, April Twenty on Biblical Law.
Fifth, The evidence is over whelming
Nineteen Hundred and Ninety that our Fore-Fathers intended this
Seven. country's government to be based on
biblical Laws.2....
James Franklin Montgomery ....It was not the intention of the
C/O 100 Bridlewood Rd.. Fore-fathers to give Congress the
High Point North Carolina exclusive control of the territories,
without being in subjection to the
President of the United States, Constitution. The words in the fore-
The Executive Branch, mentioned document have been
twisted, obscured and maligned by
lawyers, judges, and the special
interest of Congress where determine whether they are wise
applicable to the corporation, this is and prudent, yet it will not suffer
a conflict of interest, which has them to be entrapped by the
made it possible for the abuse of fraudulent contrivances or cunning
power and fraud, past and present. or deceitful management of those
Through undue influence and who purposely mislead them. Fraud
concealment you have created a title is material to a contract where the
of Nobility for the bankrupt contract would not have been made
corporation and it's Citizens giving if the fraud had not been
you unlimited resources to enforce perpetrated...
this fraud, via illiterate and duped
citizen subjects who pay for their {152}. Inducing execution of
own enslavement. contract by one not knowing its
As a result of your concealment of contents.
information from the American According to the prevailing view,
people and through your changing the general rule that failure to read
the meaning of the Constitution of or have a contract read to a party
the United States, via lawyers, thereto before signing it precludes
Supreme Court Judges who make him from complaining about its
substantive decisions based on their contents does not apply in the case
special interest and a executive of fraud or misrepresentation, as
branch controlled by foreign agents where he is prevented from reading
(World Bank), you have enslaved the it or having it read to him by some
American people. fraud, trick, artifice, or device by the
other party. If a person is ignorant
Citing 17 Am Jur 2d 501 of the contents of a written contract
on Contracts: and signs it under a mistaken belief,
induced by misrepresentation, that
{151}. Fraud, misrepresentation, or it is an instrument of a different
imposition. character, without negligence on his
In regard to contracts made by part, the agreement is void. This
parties affecting their rights and rule may be brought into play by
interests. The general theory of the silence, as where it amounts to a
law is that there must be full and misrepresentation of what a person
free consent. It is said that if is asked to sign by failing to speak
consent is obtained by meditated when there is a duty to explain the
imposition or that if consent is contents of the instrument.
obtained by meditated imposition or However, the decisions are not
circumvention, it is to be treated as entirely in accord in reference to the
a delusion, and not as a deliberate effect of a contract by which he has
and free act of the mind. Although been overreached. Thus, the
the law will not generally inquire question whether one who signs a
into men's acts and contracts to contract without reading it is so far
concluded that he cannot set up that violation of law been allowed to
his signature was induced by a stipulate for iniquity. The law which
fraudulent misrepresentation as to prohibits the end will not lend its
its contents has received varying aid in promoting the means
answers. designed to carry it into effect. It
will not promote in one form that
{153}. Duress, coercion, which it declares wrong in another,
intimidation, or threats. and hence contracts which bring
Freedom of will is essential to the about results which the law seeks to
validity of an agreement. Where prevent are unenforceable... It may
duress is exerted on one of the therefore be said to be a
parties of such a kind as to fundamental principle of the law of
overcome his will and compel a contracts that a contract must have
formal assent to an undertaking a lawful purpose or object, and that
when he does not really agree to it, transactions in violation of law
and so as to make that appear to be cannot be made the foundation of a
his act which is not his, but valid contract.
another's imposed on him through
fear which deprives him of self- The government by becoming a
control, the agreement is not corporator, (See: 22 U.S.C.A. 286e)
binding unless the other deals with lays down its sovereignty and takes
him in good faith, in ignorance of on that of a private citizen. It can
the improper influence and in the exercise no power which is not
belief that the party coerced is not derived from the corporate charter.
exercising his free will, and the test (See: The Bank of the United States
is not so much the means by which vs. Planters Bank of Georgia, 6 L.
the party is compelled to execute the Ed. (9 Wheat) 244, U.S. vs. Burr,
agreement as the state of mind 309 U.S. 242).
induced..
Compulsion produced by threats Such principles as "Fraud and
may be sufficient to destroy free Justice never dwell together"
agency and prevent the formation of Wingate's Maxims 680, and "A right
a binding contract. To invalidate an of action cannot arise out of fraud."
agreement, however, as a general Broom's Maxims 297, 729; 38 Fed.
rule a threat must be of such a 800.
nature and made under such The present operation of the "de
circumstances as to constitute a facto" government is under Foreign
reasonable and adequate cause to and Alien Constitutions, Laws, Rules
control the will... and Regulations. Through treaties
and agreements (The U.N. Charter
{155}. Generally and G.A.T.T. and others) the United
...At no time in the history of the States has forfeited its Sovereignty
common law have agreements in and the Sovereignty of the States,
making the United States citizen disposition or transfer of an
subject to a foreign Power. Since the infrastructure asset, such as by sale
implementation of these treaties and or by long-term lease, from a State
agreements, entered into as a result or local government to a private
of the privilege of borrowing money party.
from the World Bank, to continue In sub-paragraph (b) the
the operation of the bankrupt Infrastructure Assets are defined.
United States government, the Obviously the usury the World Bank
United States has been enlisted in has been receiving from the
collecting the debt for the World American people (unconscionable
Bank. This debt has been drastically citizen subjects) is not enough, now
increased by the use of fiat money the World Bank is foreclosing on the
which has no substance, because United States and wants the land
there is no gold or silver to back the and the assets to pay the national
Federal Reserve Notes. This debt.
unlawful money has caused Here is the definition of sub-
thousands of bankruptcies and paragraph (b)
repossessions, fraudulently "Infrastructure asset" means any
perpetrated by the government of asset financed in whole or in part by
the United States and the World the Federal Government and needed
Bank. Since 1933 congress and the for the functioning of the economy.
other representatives have Examples of such assets include, but
committed high treason against the are not limited to: roads, tunnels,
people they are sworn to protect. bridges, electricity supply facilities,
Congress and the Executive branch mass transit, rail transportation,
have sold out the American people airports, ports, waterways, water
for (thirty pieces of silver) the supply facilities, recycling and
furtherance of the corporation. wastewater treatment facilities, solid
Congress and the executive waste disposal facilities, housing,
branch have willfully and purposely schools, prisons, and hospitals."
auctioned off the assets of the Through the ignorant volunteered
American people. The selling off of compliance of the American people,
America's assets was made possible as a result of the deceit and fraud of
by the President, in Executive Order the United States government
12803 of April 30, 1992, entitled (representatives) you have enslaved
Infrastructure Privatization. In the the American people. The
Executive Order you have defined corporation created this debt
the title of this treasonous act, which through mis-management and
has been done as a result of the deceit, the corporation
fraud you the government (representatives) should be
(representatives) have perpetuated. responsible for this debt and it's
In section 1. (a) it says actions. Instead it involves the
"Privatization" means the American people through deceit,
trickery, duress, withheld representatives but by an unelected,
information and coercion so the unrepresentative, unaccountable
corporation (United States) can committee of lawyers applying no
continue it's operation which, will but their own."
defrauds the American people in the Because of the bankruptcy of the
most treasonous and treacherous United States and international
way ever recorded in history. contracts and or agreements
The Treasury Delegation Order interred into, the common law was
No. 92 states that the I.R.S. is replaced by the Uniform
trained under direction of the Commercial Code and or admiralty
Division of "Human Resources" jurisdiction otherwise known as
(U.N.) and the Commissioner statutory jurisdiction. This
(International), by the "office of treasonous act has taken place for
personnel Management." the sake of commerce and in order
In the 1979 Edition of 22 U.S.C.A. to do so common law had to be
287, the United Nations, at pg. 248, rendered to no effect or at least
you will find Executive order No. extremely hard to obtain in Federal
10422. The Office of personnel Court. The bankruptcy of the
Management is under direction of United States caused through
the Secretary General of the United compelled performance, the
Nations. following case.
The I.R.S. is also a member in a "There is no Federal Common
one hundred fifty nation pact called Law, and Congress has no power to
the "International Criminal Police declare substantive rules of common
Organization", found at 22 U.S.C.A. law applicable in a State, whether
263a. they be local or general in their
The "Memorandum & nature, be they commercial law or a
Agreement" between the Secretary part of the law or torts." (See: Erie
of Treasury/Corporate Governor of Railroad Co. vs Tomkins, 304 U.S.
"The Fund" and "The Bank" and the 64, 82 L.Ed 1188)
office of the U.S. Attorney General The fifty States are now federal
would indicate that the Attorney states by treaties and covenants
General and his associates are (U.N. treaty & G.A.T.T. and other
soliciting and collecting information agreements) making the federal
for Foreign Principals. The offices states and their citizens (tort
of Secretary of State, Secretary of feasor's) subject to the World Bank.
Treasury and the Attorney General The people of America are being
whereby the whole of the drained of their wealth via I.M.F and
government has been compromised the I.R.S. to repay the Bank's usury.
and the trust of the United States The following are excerpts from
citizens violated. the INTERNATIONAL COVENANT
As Robert Bork said "we are ON CIVIL AND POLITICAL
governed not by law or elected
RIGHTS.102d Congress 2d Session, treaty partners that the U.S. will
Exec. Rept. 102-23 January 30,1992 implement its obligations under the
The Covenant states expressly Covenant by appropriate legislative,
that obligations undertaken by the executive and judicial means,
Parties extend to all parts of federal federal or state as appropriate, and
states "without limitations or that the Federal Government will
exceptions." (See: page six #5 remove any federal inhibition to the
obligations of Federal States States' abilities to meet their
I.C.C.P.R. January 30, 1992). obligations. (See: page 18 I.C.C.P.R.)
The Constitution of the United
States no longer exists as a working Nothing in this Covenant
document due to the bankrupt de requires or authorizes legislation, or
facto corporation, and as a result of other action, by the United States of
treaties and covenants made with America prohibited by the
foreign entities, as a result of Constitution of the United States as
accepted privileges by the United interpreted by the United States.
States government and the States. (See: page 24 I.C.C.P.R.)
The fifty States are no longer
Sovereign individual Jurisdictions You have committed high
subject to God Almighty.10 treason against America's people
In 1934 the States became and thought to elevate yourselves
sureties for the bankrupt United above God Almighty. Through lies
States. After the United States and false information, coercion and
joined the United Nations in 1945 duress you have enslaved a free
the fifty States became federal states people, through despotism and for
belonging to the one world the love of money you have changed
government, it's citizens are slaves the laws to support your usury and
and valuable only as long as they can corruption. You have broken the
produce labor and products for sale covenant entered into with the
on the world market. American people. You have entered
During the negotiation of the into covenants with foreign agents
Covenant, the "federal state" issue and governments making you
assumed some importance because unable through these compromising
there were legally justified practices, covenants to protect the American
at the State and local level, which Citizens freedom and property.
were both manifestly inconsistent
with the Covenant and beyond the I do not wish to be a party to the
reach of Federal authority under the fraud perpetrated by the United
law in force at that time; that is no States, so I hereby give notice with
longer the case. (See: page 18 accompanying affidavit of the
I.C.C.P.R.) removal of all unqualified signatures
The proposed understanding is and power of attorney. Thereby
similarly intended to signal to our removing my signature from all
papers, instruments and chattels
implying oblation to the nations I James Franklin Montgomery
debt created by the fraud of the declare under penalty of perjury
United States corporation. The under the laws of the United States
violation of God's Laws and the of America that the foregoing
elimination of the common law, declaration of status is true and
adhered to and established as the correct.
law of the land by the Fore-Fathers
leaves no right or recourse in the
federal courts and or federal state James Franklin
courts. Thereby freeing this Montgomery
informed citizen of the Kingdom of Date
Heaven of any obligation and or Sui Juris, Jure Divino, Jura
torts as a result of tacit admissions Sanguinis
implying obligation or Ambassador of the Kingdom of
responsibility, voluntary or Heaven
involuntary contracts made with the
defunct government of the United CC: Secretary of State
States, thereby relieving me from Chief Justice of the Supreme
any obligation from said Court
government. Attorney General
Members of the House
Members of the Senate
------------------------------------------- Secretary of Treasury
-- Chairman of Banking Committee
Secretary of Commerce
[10] Luke 4:8
And Jesus answered and said to REMOVAL OF UNQUALIFIED
him, "Get behind Me, Satan! For it is SIGNATURES AND POWER OF
written, 'You shall worship the ATTORNEY
LORD your God, and Him only you
shall serve. TO WHOM IT MAY CONCERN:
Art. 10. "Martial Law affects "The flag of the United States
chiefly the police and collection of shall be thirteen horizontal stripes,
public revenue and taxes, whether alternate red and white; and the
imposed by the expelled government union of the flag shall be forty-eight
or by the invader, and refers mainly stars, white in a blue field."
to the support and efficiency of the A foot note was added on page
army, its safety, and the safety of its 1113 of the same section which says:
operations." Gen. Orders No. 100 by "Placing of fringe on the national
President Lincoln, 24 April 1863 flag, the dimensions of the flag, and
arrangement of the stars are matters
Art. 39. "The salaries of civil of detail not controlled by statute,
officers of the hostile government but within the discretion of the
who remain in the invaded territory, President as commander-in-chief of
and continue the work of their the army and navy." 1925, 34
office, and can continue it according Op.Atty.Gen. 483.
to the circumstances arising out of
the war - such as judges, "Executive Order No. 10834,
administrative or police officers, August 21, 1959, 24 F.R. 6865, a
officers of city or communal military flag is a flag that resembles
the regular flag of the United States, fraud, or not resist a government
except that it has a yellow fringe, that refuses to answer legitimate
boarder on three sides. The questions, which confirms it is a de
President of the United States facto tyrannical government; and by
designated this deviation from the my sworn oath to support and
regular flag, by executive order, and defend America against all enemies
in his capacity as Commander-in- foreign and domestic, I must resist
Chief of the Armed Forces." in any peaceful means available to
me, even to the point of my
The president as military imprisonment or death. I must
commander can add a yellow fringe receive an answer to these questions
to our flag. When would this be no later than August 12, 1997.
done? During time of war. Why? A
flag with a fringe is an ensign, a Psalms chapter 2 verses 10-12
military flag. This fringe also means
if flying in a court room that it is a Now therefore, O kings, show
admiralty (commerce) court, and discernment; Take warning, O
will render decisions on the type of judges of the earth, Worship the
case brought before it, common law, Lord with reverence, And rejoice
equity law, or admiralty which are with trembling. Do homage to the
cases based on revenue and Son, lest He become angry, and you
commerce. The fringe is proof of perish in the way, For His wrath
military jurisdiction.( en#4.) may soon be kindled.
Whereas the Lords Spiritual and By levying money for and to the use
Temporal and Commons assembled of the Crown by pretence of
at Westminster, lawfully, fully and prerogative for other time and in
freely representing all the estates of other manner than the same was
the people of this realm, did upon granted by Parliament;
the thirteenth day of February in the
year of our Lord one thousand six By raising and keeping a standing
hundred eighty-eight [old style date] army within this kingdom in time of
present unto their Majesties, then peace without consent of
called and known by the names and Parliament, and quartering soldiers
style of William and Mary, prince contrary to law;
and princess of Orange, being
present in their proper persons, a By causing several good subjects
certain declaration in writing made being Protestants to be disarmed at
by the said Lords and Commons in the same time when papists were
the words following, both armed and employed contrary
to law;
Whereas the late King James the
Second, by the assistance of divers By violating the freedom of election
evil counsellors, judges and of members to serve in Parliament;
ministers employed by him, did
endeavour to subvert and extirpate By prosecutions in the Court of
the Protestant religion and the laws King's Bench for matters and causes
and liberties of this kingdom; cognizable only in Parliament, and
by divers other arbitrary and illegal
By assuming and exercising a courses;
power of dispensing with and
suspending of laws and the And whereas of late years partial
execution of laws without consent of corrupt and unqualified persons
Parliament; have been returned and served on
juries in trials, and particularly
By committing and prosecuting divers jurors in trials for high
treason which were not freeholders; one thousand six hundred eighty
and eight, in order to such an
And excessive bail hath been establishment as that their religion,
required of persons committed in laws and liberties might not again be
criminal cases to elude the benefit of in danger of being subverted, upon
the laws made for the liberty of the which letters elections having been
subjects; accordingly made;
And excessive fines have been And thereupon the said Lords
imposed; And illegal and cruel Spiritual and Temporal and
punishments inflicted; And several Commons, pursuant to their
grants and promises made of fines respective letters and elections,
and forfeitures before any being now assembled in a full and
conviction or judgment against the free representative of this nation,
persons upon whom the same were taking into their most serious
to be levied; consideration the best means for
attaining the ends aforesaid, do in
All which are utterly and directly the first place (as their ancestors in
contrary to the known laws and like case have usually done) for the
statutes and freedom of this realm; vindicating and asserting their
ancient rights and liberties declare:
And whereas the said late King
James the Second having abdicated That the pretended power of
the government and the throne suspending the laws or the
being thereby vacant, his Highness execution of laws by regal authority
the prince of Orange (whom it hath without consent of Parliament is
pleased Almighty God to make the illegal;
glorious instrument of delivering
this kingdom from popery and That the pretended power of
arbitrary power) did (by the advice dispensing with laws or the
of the Lords Spiritual and Temporal execution of laws by regal authority,
and divers principal persons of the as it hath been assumed and
Commons) cause letters to be exercised of late, is illegal;
written to the Lords Spiritual and
Temporal being Protestants, and That the commission for erecting
other letters to the several counties, the late Court of Commissioners for
cities, universities, boroughs and Ecclesiastical Causes, and all other
cinque ports, for the choosing of commissions and courts of like
such persons to represent them as nature, are illegal and pernicious;
were of right to be sent to
Parliament, to meet and sit at That levying money for or to the
Westminster upon the two and use of the Crown by pretence of
twentieth day of January in this year prerogative, without grant of
Parliament, for longer time, or in persons before conviction are illegal
other manner than the same is or and void;
shall be granted, is illegal; And that for redress of all
grievances, and for the amending,
That it is the right of the subjects to strengthening and preserving of the
petition the king, and all laws, Parliaments ought to be held
commitments and prosecutions for frequently.
such petitioning are illegal;
And they do claim, demand and
That the raising or keeping a insist upon all and singular the
standing army within the kingdom premises as their undoubted rights
in time of peace, unless it be with and liberties, and that no
consent of Parliament, is against declarations, judgments, doings or
law; proceedings to the prejudice of the
people in any of the said premises
That the subjects which are ought in any wise to be drawn
Protestants may have arms for their hereafter into consequence or
defence suitable to their conditions example; to which demand of their
and as allowed by law; rights they are particularly
encouraged by the declaration of his
That election of members of Highness the prince of Orange as
Parliament ought to be free; being the only means for obtaining a
full redress and remedy therein.
That the freedom of speech and
debates or proceedings in Having therefore an entire
Parliament ought not to be confidence that his said Highness
impeached or questioned in any the prince of Orange will perfect the
court or place out of Parliament; deliverance so far advanced by him,
and will still preserve them from the
That excessive bail ought not to be violation of their rights which they
required, nor excessive fines have here asserted, and from all
imposed, nor cruel and unusual other attempts upon their religion,
punishments inflicted; rights and liberties, the said Lords
Spiritual and Temporal and
That jurors ought to be duly Commons assembled at
impanelled and returned, and jurors Westminster do resolve that William
which pass upon men in trials for and Mary, prince and princess of
high treason ought to be Orange, be and be declared king and
freeholders; queen of England, France and
Ireland and the dominions
That all grants and promises of thereunto belonging, to hold the
fines and forfeitures of particular crown and royal dignity of the said
kingdoms and dominions to them,
the said prince and princess, during whatsoever. And I do declare that
their lives and the life of the survivor no foreign prince, person, prelate,
to them, and that the sole and full state or potentate hath or ought to
exercise of the regal power be only have any jurisdiction, power,
in and executed by the said prince of superiority, pre-eminence or
Orange in the names of the said authority, ecclesiastical or spiritual,
prince and princess during their within this realm. So help me God.
joint lives, and after their deceases
the said crown and royal dignity of Upon which their said Majesties
the same kingdoms and dominions did accept the crown and royal
to be to the heirs of the body of the dignity of the kingdoms of England,
said princess, and for default of such France and Ireland, and the
issue to the Princess Anne of dominions thereunto belonging,
Denmark and the heirs of her body, according to the resolution and
and for default of such issue to the desire of the said Lords and
heirs of the body of the said prince Commons contained in the said
of Orange. And the Lords Spiritual declaration. And thereupon their
and Temporal and Commons do Majesties were pleased that the said
pray the said prince and princess to Lords Spiritual and Temporal and
accept the same accordingly. Commons, being the two Houses of
Parliament, should continue to sit,
And that the oaths hereafter and with their Majesties' royal
mentioned be taken by all persons of concurrence make effectual
whom the oaths have allegiance and provision for the settlement of the
supremacy might be required by religion, laws and liberties of this
law, instead of them; and that the kingdom, so that the same for the
said oaths of allegiance and future might not be in danger again
supremacy be abrogated. of being subverted, to which the said
Lords Spiritual and Temporal and
I, A.B., do sincerely promise and Commons did agree, and proceed to
swear that I will be faithful and bear act accordingly.
true allegiance to their Majesties
King William and Queen Mary. So Now in pursuance of the premises
help me God. the said Lords Spiritual and
Temporal and Commons in
I, A.B., do swear that I do from my Parliament assembled, for the
heart abhor, detest and abjure as ratifying, confirming and
impious and heretical this damnable establishing the said declaration and
doctrine and position, that princes the articles, clauses, matters and
excommunicated or deprived by the things therein contained by the force
Pope or any authority of the see of of law made in due form by
Rome may be deposed or murdered authority of Parliament, do pray that
by their subjects or any other it may be declared and enacted that
all and singular the rights and and to whose princely persons the
liberties asserted and claimed in the royal state, crown and dignity of the
said declaration are the true, ancient said realms with all honours, styles,
and indubitable rights and liberties titles, regalities, prerogatives,
of the people of this kingdom, and powers, jurisdictions and authorities
so shall be esteemed, allowed, to the same belonging and
adjudged, deemed and taken to be; appertaining are most fully,
and that all and every the particulars rightfully and entirely invested and
aforesaid shall be firmly and strictly incorporated, united and annexed.
holden and observed as they are
expressed in the said declaration, And for preventing all questions
and all officers and ministers and divisions in this realm by reason
whatsoever shall serve their of any pretended titles to the crown,
Majesties and their successors and for preserving a certainty in the
according to the same in all time to succession thereof, in and upon
come. which the unity, peace, tranquility
and safety of this nation doth under
And the said Lords Spiritual and God wholly consist and depend, the
Temporal and Commons, seriously said Lords Spiritual and Temporal
considering how it hath pleased and Commons do beseech their
Almighty God in his marvellous Majesties that it may be enacted,
providence and merciful goodness to established and declared, that the
this nation to provide and preserve crown and regal government of the
their said Majesties' royal persons said kingdoms and dominions, with
most happily to reign over us upon all and singular the premises
the throne of their ancestors, for thereunto belonging and
which they render unto him from appertaining, shall be and continue
the bottom of their hearts their to their said Majesties and the
humblest thanks and praises, do survivor of them during their lives
truly, firmly, assuredly and in the and the life of the survivor of them,
sincerity of their hearts think, and and that the entire, perfect and full
do hereby recognize, acknowledge exercise of the regal power and
and declare, that King James the government be only in and executed
Second having abdicated the by his Majesty in the names of both
government, and their Majesties their Majesties during their joint
having accepted the crown and royal lives; and after their deceases the
dignity as aforesaid, their said said crown and premises shall be
Majesties did become, were, are and and remain to the heirs of the body
of right ought to be by the laws of of her Majesty, and for default of
this realm our sovereign liege lord such issue to her Royal Highness the
and lady, king and queen of Princess Anne of Denmark and the
England, France and Ireland and the heirs of the body of his said Majesty;
dominions thereunto belonging, in and thereunto the said Lords
Spiritual and Temporal and time descend to and be enjoyed by
Commons do in the name of all the such person or persons being
people aforesaid most humbly and Protestants as should have inherited
faithfully submit themselves, their and enjoyed the same in case the
heirs and posterities for ever, and do said person or persons so
faithfully promise that they will reconciled, holding communion or
stand to, maintain and defend their professing or marrying as aforesaid
said majesties, and also the were naturally dead; and that every
limitation and succession of the king and queen of this realm who at
crown herein specified and any time hereafter shall come to and
contained, to the utmost of their succeed in the imperial crown of this
powers with their lives and estates kingdom shall on the first day of the
against all persons whatsoever that meeting of the first Parliament next
shall attempt anything to the after his or her coming to the crown,
contrary. sitting in his or her throne in the
House of Peers in the presence of
And whereas it hath been found the Lords and Commons therein
by experience that it is inconsistent assembled, or at his or her
with the safety and welfare of this coronation before such person or
Protestant kingdom to be governed persons who shall administer the
by a popish prince, or by any king or coronation oath to him or her at the
queen marrying a papist, the said time of his or her taking the said
Lords Spiritual and Temporal and oath (which shall first happen),
Commons do further pray that it make, subscribe and audibly repeat
may be enacted, that all and every the declaration mentioned in the
person and persons that is, are or statute made in the thirtieth year of
shall be reconciled to or shall hold the reign of King Charles the Second
communion with the see or Church entitled, "An Act for the more
of Rome, or shall profess the popish effectual preserving the king's
religion, or shall marry a papist, person and government by disabling
shall be excluded and be for ever papists from sitting in either House
incapable to inherit, possess or of Parliament."
enjoy the crown and government of
this realm and Ireland and the But if it shall happen that such
dominions thereunto belonging or king or queen upon his or her
any part of the same, or to have, use succession to the crown of this
or exercise any regal power, realm shall be under the age of
authority or jurisdiction within the twelve years, then every such king or
same; and in all and every such case queen shall make, subscribe and
or cases the people of these realms audibly repeat the same declaration
shall be and are hereby absolved of at his or her coronation or the first
their allegiance; and the said crown day of the meeting of the first
and government shall from time to Parliament as aforesaid which shall
first happen after such king or shall be allowed, but that the same
queen shall have attained the said shall be held void and of no effect,
age of twelve years. All which their except a dispensation be allowed of
Majesties are contented and pleased in such statute, and except in such
shall be declared, enacted and cases as shall be specially provided
established by authority of this for by one or more bill or bills to be
present Parliament, and shall stand, passed during this present session of
remain and be the law of this realm Parliament.
for ever; and the same are by their
said Majesties, by and with the III. Provided that no charter or
advice and consent of the Lords grant or pardon granted before the
Spiritual and Temporal and three and twentieth day of October
Commons in Parliament assembled in the year of our Lord one thousand
and by the authority of the same, six hundred eighty-nine shall be any
declared, enacted and established ways impeached or invalidated by
accordingly. this Act, but that the same shall be
and remain of the same force and
effect in law and no other than as if
II. And be it further declared and this Act had never been made.
enacted by the authority aforesaid,
http://freedomlaw.com/BRColony.html
that from and after this present
session of Parliament no http://www.civil-liberties.com/books/main.html
dispensation by "non obstante" of or
to any statute or any part thereof
Knighthood: Knights In The News:
Swearing the Oath:
Crown: Upon which sword do you wish to swear your Oath?
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