THE UNITED STATES IS STILL A BRITISH COLONY

(The Book 607 pages)

                        THE UNITED STATES

                    IS STILL A BRITISH COLONY

 

                            EXTORTING

 

                      TAXES FOR THE CROWN!

 

                      A DOCUMENTARY REVIEW

 

                    OF CHARTERS AND TREATIES

 

                         August 17, 1996

 

An introduction by the "Informer"             

 

     This is the latest from a man who visits me quite often.  He

and another man researched my theory that we have never been free

from the British Crown.  This disc shows the results.  I have

states that we will never win in their courts.  This shows

conclusively why.  We have the hard copy of the treaties that are

the footnotes.  This predates Schroder's material, my research of

the 1861 stats by Lincoln that put us under the War Powers

confiscation acts, and John Nelson's material.  All our material

supports that the real Principal, the King of England, still rules

this country through the bankers and why we own no property in

allodium.  This is why it is so important to start OUR courts of

God's natural (common) Law and break away from all the crap they

have handed us.  This is one reason Virginia had a law to hang all

lawyers but was somehow, by someone, (the King) set aside to let

them operate again.  Some good people put in the original 13th

amendment so that without the lawyers the King could not continue

his strangle hold on us.  James shows how that was quashed by the

King.  I am happy that James' research of six months bears out my

theory, that most people would not listen to me, that we are still

citizen/subjects under the kings of England.  My article called

"Reality" published in the American Bulletin and the article of

mine on the "Atocha case," wherein Florida in 1981 used it's

sovereignty under the British crown to try to take away the gold

from the wreck found in Florida waters supports this premise.

James makes mention of the Law dictionaries being England's Law

Dict. you will not is lists the reign of all the Kings of England.

It never mentions the reign of the Presidents of this country.

Ever wonder Why?  Get this out to as many people as you can.

                             The Informer.

 

 

           The United States is still a British Colony

 

     The trouble with history is, we weren't there when it took

place and it can be changed to fit someones belief and/or

traditions, or it can be taught in the public schools to favor a

political agenda, and withhold many facts.  I know you have been

taught that we won the Revolutionary War and defeated the British,

but I can prove to the contrary.  I want you to read this paper

with an open mind, and allow yourself to be instructed with the

following verifiable facts.  You be the judge and don't let prior

conclusions on your part or incorrect teaching, keep you from the

truth.

 

     I too was always taught in school and in studying our history

books that our freedom came from the Declaration of Independence

and was secured by our winning the Revolutionary War.  I'm going to

discuss a few documents that are included at the end of this paper,

in the footnotes.  The first document is the first Charter of

Virginia in 1606 (footnote #1).  In the first paragraph, the king

of England granted our fore fathers license to settle and colonize

America.  The definition for license is as follows. 

 

     "In Government Regulation. Authority to do some act or carry

on some trade or business, in its nature lawful but prohibited by

statute, except with the permission of the civil authority or which

would otherwise be unlawful."  Bouvier's Law Dictionary, 1914.

 

     Keep in mind those that came to America from England were

British subjects.  So you can better understand what I'm going to

tell you, here are the definitions for subject and citizen.

 

     "In monarchical governments, by subject is meant one who owes

permanent allegiance to the monarch."  Bouvier's Law Dictionary,

1914.

 

     "Constitutional Law. One that owes allegiance to a sovereign

and is governed by his laws.  The natives of Great Britain are

subjects of the British government.  Men in free governments are

subjects as well as citizens; as citizens they enjoy rights and

franchises; as subjects they are bound to obey the laws.  The term

is little used, in this sense, in countries enjoying a republican

form of government."  Swiss Nat. Ins. Co. v. Miller, 267 U.S. 42,

45 S. Ct. 213, 214, 69 L.Ed. 504. Blacks fifth Ed.

 

     I chose to give the definition for subject first, so you could

better understand what definition of citizen is really being used

in American law.  Below is the definition of citizen from Roman

law.

 

     "The term citizen was used in Rome to indicate the possession

of private civil rights, including those accruing under the Roman

family and inheritance law and the Roman contract and property law.

All other subjects were peregrines.  But in the beginning of the 3d

century the distinction was abolished and all subjects were

citizens; 1 sel. Essays in Anglo-Amer. L. H. 578."  Bouvier's Law

Dictionary, 1914.

 

     The king was making a commercial venture when he sent his

subjects to America, and used his money and resources to do so.  I

think you would admit the king had a lawful right to receive gain

and prosper from his venture.  In the Virginia Charter he declares

his sovereignty over the land and his subjects and in paragraph 9

he declares the amount of gold, silver and copper he is to receive

if any is found by his subjects.  There could have just as easily

been none, or his subjects could have been killed by the Indians.

This is why this was a valid right of the king (Jure Coronae, "In

right of the crown," Black's forth Ed.), the king expended his

resources with the risk of total loss. 

 

     If you'll notice in paragraph 9 the king declares that all his

heirs and successors were to also receive the same amount of gold,

 

silver and copper that he claimed with this Charter.  The gold that

remained in the colonies was also the kings.  He provided the

remainder as a benefit for his subjects, which amounted to further

use of his capital.  You will see in this paper that not only is

this valid, but it is still in effect today.  If you will read the

rest of the Virginia Charter you will see that the king declared

the right and exercised the power to regulate every aspect of

commerce in his new colony.  A license had to be granted for travel

connected with transfer of goods (commerce) right down to the

furniture they sat on.  A great deal of the king's declared

property was ceded to America in the Treaty of 1783.  I want you to

stay focused on the money and the commerce which was not ceded to

America.

 

     This brings us to the Declaration of Independence.  Our

freedom was declared because the king did not fulfill his end of

the covenant between king and subject.  The main complaint was

taxation without representation, which was reaffirmed in the early

1606 Charter granted by the king.  It was not a revolt over being

subject to the king of England, most wanted the protection and

benefits provided by the king.  Because of the kings refusal to

hear their demands and grant relief, separation from England became

the lesser of two evils.  The cry of freedom and self determination

became the rallying cry for the colonist.  The slogan "Don't Tread

On Me" was the standard borne by the militias. 

 

     The Revolutionary War was fought and concluded when Cornwallis

surrendered to Washington at Yorktown.  As Americans we have been

taught that we defeated the king and won our freedom.  The next

document I will use is the Treaty of 1783, which will totally

contradict our having won the Revolutionary War. (footnote 2). 

 

     I want you to notice in the first paragraph that the king

refers to himself as prince of the Holy Roman Empire and of the

United States.  You know from this that the United States did not

negotiate this Treaty of peace in a position of strength and

victory, but it is obvious that Benjamin Franklin, John Jay and

John Adams negotiated a Treaty of further granted privileges from

the king of England.  Keep this in mind as you study these

documents.  You also need to understand the players of those that

negotiated this Treaty.  For the Americans it was Benjamin Franklin

Esgr., a great patriot and standard bearer of freedom.  Or was he?

His title includes Esquire.   

 

     An Esquire in the above usage was a granted rank and Title of

nobility by the king, which is below Knight and above a yeoman,

common man.  An Esquire is someone that does not do manual labor as

signified by this status, see the below definitions.

 

     "Esquires by virtue of their offices; as justices of the

peace, and others who bear any office of trust under the

crown....for whosever studieth the laws of the realm, who studieth

in the universities, who professeth the liberal sciences, and who

can live idly, and without manual labor, and will bear the  port,

charge, and countenance of a gentleman, he shall be called master,

and shall be taken for a gentleman."  Blackstone Commentaries p.

 

561-562

 

     "Esquire - In English Law. A title of dignity next above

gentleman, and below knight.  Also a title of office given to

sheriffs, serjeants, and barristers at law, justices of the peace,

and others."  Blacks Law Dictionary fourth ed. p. 641

 

     Benjamin Franklin, John Adams and John Jay as you can read in

the Treaty were all Esquires and were the signers of this Treaty

and the only negotiators of the Treaty.  The representative of the

king was David Hartley Esqr..

 

     Benjamin Franklin was the main negotiator for the terms of the

Treaty, he spent most of the War traveling between England and

France.  The use of Esquire declared his and the others British

subjection and loyalty to the crown.

 

     In the first article of the Treaty most of the kings claims to

America are relinquished, except for his claim to continue

receiving gold, silver and copper as gain for his business venture.

Article 3 gives Americans the right to fish the waters around the

United States and its rivers.  In article 4 the United States

agreed to pay all bona fide debts.  If you will read my other

papers on money you will understand that the financiers were

working with the king.  Why else would he protect their interest

with this Treaty? 

 

     I wonder if you have seen the main and obvious point?  This

Treaty was signed in 1783, the war was over in 1781.  If the United

States defeated England, how is the king granting rights to

America, when we were now his equal in status?  We supposedly

defeated him in the Revolutionary War!  So why would these supposed

patriot Americans sign such a Treaty, when they knew that this

would void any sovereignty gained by the Declaration of

Independence and the Revolutionary War?  If we had won the

Revolutionary War, the king granting us our land would not be

necessary, it would have been ours by his loss of the Revolutionary

War.  To not dictate the terms of a peace treaty in a position of

strength after winning a war; means the war was never won. Think of

other wars we have won, such as when we defeated Japan.  Did

McArther allow Japan to dictate to him the terms for surrender?  No

way!  All these men did is gain status and privilege granted by the

king and insure the subjection of future unaware generations.

Worst of all, they sold out those that gave their lives and

property for the chance to be free.

 

     When Cornwallis surrendered to Washington he surrendered the

battle, not the war.  Read the Article of Capitulation signed by

Cornwallis at Yorktown (footnote 3)

 

     Jonathan Williams recorded in his book, Legions of Satan,

1781, that Cornwallis revealed to Washington during his surrender

that "a holy war will now begin on America, and when it is ended

America will be supposedly the citadel of freedom, but her millions

will unknowingly be loyal subjects to the Crown."...."in less than

two hundred years the whole nation will be working for divine world

government.  That government that they believe to be divine will be

the British Empire." 

 

     All the Treaty did was remove the United States as a liability

and obligation of the king.  He no longer had to ship material and

 

money to support his subjects and colonies.  At the same time he

retained financial subjection through debt owed after the Treaty,

which is still being created today; millions of dollars a day.  And

his heirs and successors are still reaping the benefit of the kings

original venture.  If you will read the following quote from Title

26, you will see just one situation where the king is still

collecting a tax from those that receive a benefit from him, on

property which is purchased with the money the king supplies, at

almost the same percentage:

 

-CITE-

    26 USC Sec. 1491

HEAD-

    Sec. 1491. Imposition of tax

-STATUTE-

      There is hereby imposed on the transfer of property by a

citizen or resident of the United States, or by a domestic

corporation or partnership, or by an estate or trust which is not

a foreign estate or trust, to a foreign corporation as paid-in

surplus or as a contribution to capital, or to a foreign estate or

trust, or to a foreign partnership, an excise tax equal to 35

percent of the excess of -

        (1) the fair market value of the property so transferred,

            over

        (2) the sum of -

            (A) the adjusted basis (for determining gain) of such

            property in the hands of the transferor, plus

            (B) the amount of the gain recognized to the transferor

            at the time of the transfer.

-SOURCE-

    (Aug. 16, 1954, ch. 736, 68A Stat. 365; Oct. 4, 1976, Pub. L.

    94-455, title X, Sec. 1015(a), 90 Stat. 1617; Nov. 6, 1978,

Pub. L.

    95-600, title VII, Sec. 701(u)(14)(A), 92 Stat. 2919.)

-MISC1-

                                 AMENDMENTS

      1978 - Pub. L. 95-600 substituted 'estate or trust' for    

      'trust' wherever appearing.

      1976 - Pub. L. 94-455 substituted in provisions preceding  

      par.

      (1) 'property' for 'stocks and securities' and '35 percent'

      for '27 1/2 percent' and in par.

      (1) 'fair market value' for 'value' and 'property' for     

      'stocks and securities' and in par.

      (2) designated existing provisions as subpar. (A) and added

      subpar. (B).

                      EFFECTIVE DATE OF 1978 AMENDMENT

      Section 701(u)(14)(C) of Pub. L. 95-600 provided that: 'The

      amendments made by this paragraph (amending this section and

      section 1492 of this title) shall apply to transfers after 

      October 2, 1975.'

                      EFFECTIVE DATE OF 1976 AMENDMENT

      Section 1015(d) of Pub. L. 94-455 provided that: 'The      

      amendments made by this section (enacting section 1057 of  

      this title, amending this section and section 1492 of this 

      title, and renumbering former section 1057 as 1058 of this 

      title) shall apply to transfers of property after October 2,

      1975.'

     A new war was declared when the Treaty was signed.  The king

wanted his land back and he knew he would be able to regain his

property for his heirs with the help of his world financiers.  Here

is a quote from the king speaking to Parliament after the

Revolutionary War had concluded.

 

 

     (Six weeks after) the capitulation of Yorktown, the king of

Great Britain, in his speech to Parliament (Nov. 27, 1781),

declared "That he should not answer the trust committed to the

sovereign of a free people, if he consented to sacrifice either to

his own desire of peace, or to their temporary ease and relief,

those essential rights and permanent interests, upon the

maintenance and preservation of which the future strength and

security of the country must forever depend."  The determined

language of this speech, pointing to the continuance of the

American war, was echoed back by a majority of both Lords and

Commons.

     In a few days after (Dec. 12), it was moved in the House of

Commons that a resolution should be adopted declaring it to be

their opinion "That all farther attempts to reduce the Americans to

obedience by force would be ineffectual, and injurious to the true

interests of Great Britain."  The rest of the debate can be found

in (footnote 4).  What were the true interests of the king?  The

gold, silver and copper.

 

     The new war was to be fought without Americans being aware

that a war was even being waged, it was to be fought by subterfuge

and key personnel being placed in key positions.  The first two

parts of "A Country Defeated In Victory," go into detail about how

this was done and exposes some of the main players.

 

     Every time you pay a tax you are transferring your labor to

the king, and his heirs and successors are still receiving interest

from the original American Charters.

 

     The following is the definition of tribute (tax).

     "A contribution which is raised by a prince or sovereign from

his subjects to sustain the expenses of the state.

     A sum of money paid by an inferior sovereign or state to a

superior potentate, to secure the friendship or protection of the

latter."  Blacks Law Dictionary forth ed. p. 1677

 

     As further evidence, not that any is needed, a percentage of

taxes that are paid are to enrich the king/queen of England.  For

those that study Title 26 you will recognize IMF, which means

Individual Master File, all tax payers have one.  To read one you

have to be able to break their codes using file 6209, which is

about 467 pages.  On your IMF you will find a blocking series,

which tells you what type of tax you are paying.  You will probably

find a 300-399 blocking series, which 6209 says is reserved.  You

then look up the BMF 300-399, which is the Business Master File in

6209.  You would have seen prior to 1991, this was U.S.-U.K. Tax

Claims, non-refile DLN.  Meaning everyone is considered a business

and involved in commerce and you are being held liable for a tax

via a treaty between the U.S. and the U.K., payable to the U.K..

The form that is supposed to be used for this is form 8288, FIRPTA

- Foreign Investment Real Property Tax Account, you won't find many

people using this form, just the 1040 form.  The 8288 form can be

found in the Law Enforcement Manual of the IRS, chapter 3.  If you

will check the OMB's paper - Office of Management and Budget, in

the Department of Treasury, List of Active Information Collections,

 

Approved Under Paperwork Reduction Act, you will find this form

under OMB number 1545-0902, which says U.S. withholding tax-return

for dispositions by foreign persons of U.S. real property

interests-statement of withholding on dispositions, by foreign

persons, of U.S. Form #8288 #8288a

     These codes have since been changed to read as follows; IMF

300-309, Barred Assement, CP 55 generated valid for MFT-30, which

is the code for 1040 form.  IMF 310-399 reserved, the BMF 300-309

reads the same as IMF 300-309.  BMF 390-399 reads U.S./U.K. Tax

Treaty Claims.  The long and short of it is nothing changed, the

government just made it plainer, the 1040 is the payment of a

foreign tax to the king/queen of England.  We have been in

financial servitude since the Treaty of 1783.

 

     Another Treaty between England and the United States was Jay's

Treaty of 1794 (footnote 5).  If you will remember from the Paris

Treaty of 1783, John Jay Esqr. was one of the negotiators of the

Treaty.  In 1794 he negotiated another Treaty with Britain.  There

was great controversy among the American people about this Treaty.

 

     In Article 2 you will see the king is still on land that was

supposed to be ceded to the United States at the Paris Treaty.

This is 13 years after America supposedly won the Revolutionary

War.  I guess someone forgot to tell the king of England.  In

Article 6, the king is still dictating terms to the United States

concerning the collection of debt and damages, the British

government and World Bankers claimed we owe.  In Article 12 we find

the king dictating terms again, this time concerning where and with

who the United States could trade. In Article 18 the United States

agrees to a wide variety of material that would be subject to

confiscation if Britain found said material going to its enemies

ports.  Who won the Revolutionary War?

 

     That's right, we were conned by some of our early fore fathers

into believing that we are free and sovereign people, when in fact

we had the same status as before the Revolutionary War.  I say had,

because our status is far worse now than then.  I'll explain.

 

     Early on in our history the king was satisfied with the

interest made by the Bank of the United States.  But when the Bank

Charter was canceled in 1811 it was time to gain control of the

government, in order to shape government policy and public policy.

Have you never asked yourself why the British, after burning the

White House and all our early records during the War of 1812, left

and did not take over the government.  The reason they did, was to

remove the greatest barrier to their plans for this country.  That

barrier was the newly adopted 13th Amendment to the United States

Constitution.  The purpose for this Amendment was to stop anyone

from serving in the government who was receiving a Title of

nobility or honor.  It was and is obvious that these government

employees would be loyal to the granter of the Title of nobility or

honor. 

     The War of 1812 served several purposes.  It delayed the

passage of the 13th Amendment by Virginia, allowed the British to

destroy the evidence of the first 12 states ratification of this

 

Amendment, and it increased the national debt, which would coerce

the Congress to reestablish the Bank Charter in 1816 after the

Treaty of Ghent was ratified by the Senate in 1815.

 

                     Forgotten Amendment

 

     The Articles of Confederation, Article VI states: "nor shall

the united States in Congress assembled, or any of them, grant any

Title of nobility."

 

     The Constitution for the united States, in Article, I Section

9, clause 8 states: "No Title of nobility shall be granted by the

united States; and no Person holding any Office or Profit or Trust

under them, shall, without the Consent of the Congress, accept of

any present, Emolument, Office, or Title, of any kind whatever,

from any King, Prince, or foreign State."

 

     Also, Section 10, clause 1 states, "No State shall enter into

any Treaty, Alliance, or Confederation; grant Letters of Marque or

Reprisal; coin Money; emit Bills of Credit; make any Thing but Gold

and silver Coin a Tender in Payment of Debts; pass any Bill of

Attainder, ex post facto of Law impairing the Obligation of

Contracts, or grant any Title of nobility."

 

     There was however, no measurable penalty for violation of the

above Sections, Congress saw this as a great threat to the freedom

of Americans, and our Republican form of government.  In January

1810 Senator Reed proposed the Thirteenth Amendment, and on April

26, 1810 was passed by the Senate 26 to 1 (1st-2nd session, p. 670)

and by the House 87 to 3 on May 1, 1810 (2nd session, p. 2050) and

submitted to the seventeen states for ratification.  The Amendment

reads as follows:

 

     "If any citizen of the United States shall Accept, claim,

receive or retain any title of nobility or honor, or shall, without

the consent of Congress, accept and retain any present, pension,

office or emolument of any kind whatever, from any emperor, king,

prince or foreign power, such person shall cease to be a citizen of

the United States, and shall be incapable of holding any office of

trust or profit under them, or either of them." 

 

     From An "American Dictionary of the English Language, 1st

Edition," Noah Webster, (1828) defines nobility as: "3. The

qualities which constitute distinction of rank in civil society,

according to the customs or laws of the country; that eminence or

dignity which a man derives from birth or title conferred, and

which places him in an order above common men."; and, "4. The

persons collectively who enjoy rank above commoners; the peerage."

 

     The fore-mentioned Sections in the Constitution for the united

States, and the above proposed Thirteenth Amendment sought to

prohibit the above definition, which would give any advantage or

privilege to some citizens an unequal opportunity to achieve or

exercise political power.  Thirteen of the seventeen states listed

below understood the importance of this Amendment.

 

 

Date admitted                 Date voted for   Date voted against

to the Union                  the Amendment    the Amendment

 

1788         Maryland         Dec. 25,  1810

1792         Kentucky         Jan. 31,  1811

1803         Ohio             Jan. 31,  1811

 

1787         Delaware         Feb. 2,   1811

1787         Pennsylvania     Feb. 6,   1811

1787         New Jersey       Feb. 13,  1811

1791         Vermont          Oct. 24,  1811

1796         Tennessee        Nov. 21,  1811

1788         Georgia          Dec. 13,  1811

1789         North Carolina   Dec. 23,  1811

1788         Massachusetts    Feb. 27,  1812

1788         New Hampshire    Dec. 10,  1812

1788         Virginia         March 12, 1819

1788         New York                          March 12, 1811

1788         Connecticut                       May 1813

1788         South Carolina                    December 7, 1813

1790         Rhode Island                      September 15, 1814

 

 

     On March 10, 1819, the Virginia legislature passed Act No. 280

(Virginia Archives of Richmond, "misc." file, p. 299 for micro-

film):

 

     "Be it enacted by the General Assembly, that there shall be

published an edition of the laws of this Commonwealth in which

shall be contained the following matters, that is to say: the

Constitution of the united States and the amendments thereto..."

 

     The official day of ratification was March 12, 1819, this was

the date of re-publication of the Virginia Civil Code.  Virginia

ordered 4,000 copies, almost triple their usual order.  Word of

Virginia's 1819 ratification spread throughout the states and both

Rhode Island and Kentucky published the new Amendment in 1822.

Ohio published the new Amendment in 1824.  Maine ordered 10,000

copies of the Constitution with the new Amendment to be printed for

use in the public schools, and again in 1831 for their Census

Edition.  Indiana published the new Amendment in the Indiana

Revised Laws, of 1831 on P. 20.  The Northwest Territories

published the new Amendment in 1833; Ohio published the new

Amendment again in 1831 and in 1833.  Connecticut, one of the

states that voted against the new Amendment published the new

Amendment in 1835.  Wisconsin Territory published the new Amendment

in 1839; Iowa Territory published the new Amendment in 1843; Ohio

published the new Amendment again, in 1848; Kansas published the

new Amendment in 1855; and Nebraska Territory published the new

Amendment six years in a row from 1855 to 1860.  Colorado Territory

published the new Amendment in 1865 and again 1867, in the 1867

printing, the present Thirteenth Amendment (slavery Amendment) was

listed as the Fourteenth Amendment.  The repeated reprinting of the

Amended united States Constitution is conclusive evidence of its

passage.

 

     Also, as evidence of the new Thirteenth Amendments impending

passage; on December 2, 1817 John Quincy Adams, then Secretary of

State, wrote to Buck (an attorney) regarding the position Buck had

been assigned.  The letter reads:

 

     "...if it should be the opinion of this Government that the

acceptance on your part of the Commission under which it was

granted did not interfere with your citizenship.

     It is the opinion of the Executive that under the 13th

amendment to the constitution by the acceptance of such an

appointment from any foreign Government, a citizen of the United

States ceases to enjoy that character, and becomes incapable of

holding any office of trust or profit under the United States or

either of them...     J.Q.A.

 

     By virtue of these titles and honors, and special privileges,

lawyers have assumed political and economic advantages over the

majority of citizens.  A majority may vote, but only a minority

(lawyers) may run for political office.

 

     After the War of 1812 was concluded the Treaty of Ghent was

signed and ratified (footnote 6).  In Article 4 of the Treaty, the

United States gained what was already given in the Treaty of Paris

1783, namely islands off the U.S. Coast.  Also, two men were to be

given the power to decide the borders and disagreements, if they

could not, the power was to be given to an outside sovereign power

and their decision was final and considered conclusive.  In Article

9 it is admitted there are citizens and subjects in America.  As

you have seen, the two terms are interchangeable, synonymous.  In

Article 10 you will see where the idea for the overthrow of this

country came from and on what issue.  The issue raised by England

was slavery and it was nurtured by the king's emissaries behind the

scenes.  This would finally lead to the Civil War, even though the

Supreme Court had declared the states and their citizens property

rights could not be infringed on by the United States government or

Congress.  This was further declared by the following Presidential

quotes, where they declared to violate the states rights would

violate the U.S. Constitution.  Also, history shows that slavery

would not have existed much longer in the Southern states, public

sentiment was changing and slavery was quickly disappearing.  The

Civil War was about destroying property rights and the U.S.

Constitution which supported these rights.  Read the following

quotes of Presidents just before the Civil War:

 

     "I believe that involuntary servitude, as it exists in

different States of this Confederacy, is recognized by the

Constitution.  I believe that it stands like any other admitted

right, and that the States were it exists are entitled to efficient

remedies to enforce the constitutional provisions."  Franklin

Pierce Inaugural Address, March 4, 1853 - Messages and Papers of

the Presidents, vol. 5.

 

     "The whole Territorial question being thus settled upon the

principle of popular sovereignty-a principle as ancient as free

government itself-everything of a practical nature has been

decided.  No other question remains for adjustment, because all

agree that under the  Constitution slavery in the States is beyond

the reach of any human power except that of the respective States

themselves wherein it exists."  James Buchanan Inaugural Address,

March 4, 1857 - Messages and Papers of the Presidents, vol. 5.

 

     "I cordially congratulate you upon the final settlement by the

Supreme Court of the United States of the question of slavery in

the Territories, which had presented an aspect so truly formidable

at the commencement of my Administration.  The right has been

established of every citizen to take his property of any kind,

including slaves, into the common Territories belonging equally to

all the States of the Confederacy, and to have it protected there

 

under the Federal Constitution.  Neither Congress nor a Territorial

legislature nor any human power has any authority to annul or

impair this vested right.  The supreme judicial tribunal of the

country, which is a coordinate branch of the Government, has

sanctioned and affirmed these principles of constitutional law, so

manifestly just in themselves and so well calculated to promote

peace and harmony among the States."  James Buchanan, Third Annual

Message, December 19, 1859 - Messages and Papers of the Presidents,

vol. 5.

 

     So there is no misunderstanding I am not rearguing slavery.

Slavery is morally wrong and contrary to God Almighty's Law.  In

this divisive issue, the true attack was on our natural rights and

on the Constitution.  The core of the attack was on our right to

possess allodial property.  Our God given right to own property in

allodial was taken away by conquest of the Civil War.  If you are

free this right cannot be taken away.  The opposite of free is

slave or subject, we were allowed to believe we were free for about

70 years.  Then the king said enough, and had the slavery issue

pushed to the front by the northern press, which so formed northern

public opinion, that they were willing to send their sons to die in

the Civil War. 

 

     The southern States were not fighting so much for the slave

issue, but for the right to own property, any property.  These

property rights were granted by the king in the Treaty of 1783,

knowing they would soon be forfeited by the American people through

ignorance.  Do you think you own your house?  If you were to stop

paying taxes, federal or state, you would soon find out that you

were just being allowed to live and pay rent for this house.  The

rent being the taxes to the king, who supplied the benefit of

commerce.  A free man not under a monarch, democracy, dictatorship

or socialist government, but is under a republican form of

government would not and could not have his property taken.  Why!

The king's tax would not and could not be levied.  If the Americans

had been paying attention the first 70 years to the subterfuge and

corruption of the Constitution and government representatives,

instead of chasing the money supplied by the king, the Conquest of

this country during the Civil War could have been avoided.  George

Washington had vision during the Revolutionary War, concerning the

Civil War.  You need to read it. footnote 7

 

 

            Civil War and The Conquest that followed

 

     The government and press propaganda that the War was to free

the black people from slavery is ridiculous, once you understand

the Civil War Thirteenth and Fourteenth Amendments.  The black

people are just as much slaves today as before the Civil War just

as the white people are, and also we find ourselves subjects of the

king/queen of England.  The only thing that changed for black

people is they changed masters and were granted a few rights, which

I might add can be taken away anytime the government chooses. Since

the 1930's the black people have been paid reparations to buy off

their silence, in other words, keep the slaves on the plantation

 

working.  I do not say this to shock or come across as prejudiced,

because I'm not.  Here's what Russell Means said, for those that

don't remember who he is, he was the father in the movie called,

"Last Of The Mohicians".  Russell Means said " until the white man

is free we will never be free", the we he is referring to are the

Indians.  There has never been a truer statement, however the

problem is the white people are not aware of their enslavement.

 

     At the risk of being redundant; to set the record straight,

because Lord only knows what will be said about what I just said

regarding black people, I believe that if you are born in this

country you are equal, period.  Forget the empty promises of civil

rights, what about you unalienable natural rights under God

Almighty.  All Americans are feudal tenants on the land, allowed to

rent the property they live on as long as the king gets his cut.

What about self-determination, or being able to own allodial title

to property, which means the king cannot take your property for

failure to pay a tax.  Which means you did not own it to begin

with.  The king allows you to use the material goods and land.

Again this is financial servitude.

 

     "The ultimate ownership of all property is in the state;

individual so-called `ownership' is only by virtue of government,

i.e., law, amounting to a mere user; and use must be in accordance

with law and subordinate to the necessities of the State." Senate

Document No. 43, "Contracts payable in Gold" written in 1933.

 

     The king controlled the government by the time the North won

the Civil War, through the use of lawyers that called the shots

behind the scenes, just as they do now and well placed subjects in

the United States government.  This would not have been possible if

not for England destroying our documents in 1812 and the covering

up of state documents of the original 13th Amendment. 

 

     According to International law, what took place when the North

conquered the South?  First, you have to understand the word

"conquest" in international law.  When you conquer a state you

acquire the land; and those that were subject to the conquered

state, then become subject to the conquers.  The laws of the

conquered state remain in force until the conquering state wishes

to change all or part of them.  At the time of conquest the laws of

the conquered state are subject to change or removal, which means

the law no longer lies with the American people through the

Constitution, but lies with the new sovereign.  The Constitution no

longer carries any power of its own, but drives its power from the

new sovereign, the conqueror.  The reason for this is the

Constitution derived its power from the people, when they were

defeated, so was the Constitution. 

 

The following is the definition of Conquest:

     "The acquisition of the sovereignty of a country by force of

arms, exercised by an independent power which reduces the

vanquished to submission to its empire."

     "The intention of the conqueror to retain the conquered

territory is generally manifested by formal proclamation of

annexation, and when this is combined with a recognized ability to

 

retain the conquered territory, the transfer of sovereignty is

complete.  A treaty of peace based upon the principle of uti

possidetis (q.v.) is formal recognition of conquest."

     "The effects of conquest are to confer upon the conquering

state the public property of the conquered state, and to invest the

former with the rights and obligations of the latter; treaties

entered into by the conquered state with other states remain

binding upon the annexing state, and the debts of the extinct state

must be taken over by it.  Conquest likewise invests the conquering

state with sovereignty over the subjects of the conquered state.

Among subjects of the conquered state are to be included persons

domiciled in the conquered territory who remain there after the

annexation.  The people of the conquered state change their

allegiance but not their relations to one another."  Leitensdorfer

v. Webb, 20 How. (U.S.) 176, 15 L. Ed. 891.

     "After the transfer of political jurisdiction to the conqueror

the municipal laws of the territory continue in force until

abrogated by the new sovereign."  American Ins. Co. v. Canter, 1

Pet. (U.S.) 511, 7 L. Ed. 242. Conquest, In international Law. -

Bouvier's Law Dictionary

 

     What happened after the Civil War?  Did not U.S. troops force

the southern states to accept the Fourteenth Amendment?  The laws

of America, the Constitution were changed by the conquering

government.  Why?  The main part I want you to see, as I said at

the beginning of this paper, is watch the money and the commerce.

The Fourteenth Amendment says the government debt can not be

questioned.  Why?  Because now the king wants all the gold, silver

and copper and the land.  Which can easily be done by increasing

the government debt and making the American people sureties for the

debt.  This has been done by the sleight of hand of lawyers and the

bankers.

 

     The conquering state is known as a Belligerent, read the

following quotes.

 

Belligerency, is International Law 

     "The status of de facto statehood attributed to a body of

insurgents, by which their hostilities are legalized.  Before they

can be recognized as belligerents they must have some sort of

political organization and be carrying on what is international law

is regarded as legal war.  There must be an armed struggle between

two political bodies, each of which exercises de facto authority

over persons within a determined territory, and commands an army

which is prepared to observe the ordinary laws of war.  It is not

enough that the insurgents have an army; they must have an

organized civil authority directing the army."

     "The exact point at which revolt or insurrection becomes

belligerency is often extremely difficult to determine; and

belligerents are not usually recognized by nations unless they have

some strong reason or necessity for doing so, either because the

territory where the belligerency is supposed to exist is contiguous

to their own, or because the conflict is in some way affecting

their commerce or the rights of their citizens...One of the most

serious results of recognizing belligerency is that it frees the

 

parent country from all responsibility for what takes place within

the insurgent lined;  Dana's Wheaton, note 15, page 35."  Bouvier's

Law Dictionary

 

Belligerent, In International Law. 

     "As adj. and noun. Engaged in lawful war; a state so engaged.

In plural.  A body of insurgents who by reason of their temporary

organized government are regarded as conducting lawful hostilities.

Also, militia, corps of volunteers, and others, who although not

part of the regular army of the state, are regarded as lawful

combatants provided they observe the laws of war; 4 H. C. 1907,

arts, 1, 2."  Bouvier's Law Dictionary

 

     According to the International law no law has been broken.

Read the following about military occupation, notice the third

paragraph.  After the Civil War, title to the land had not been

completed to the conquers, but after 1933 it was.  I will address

this in a moment.  In the last paragraph, it says the Commander-in-

Chief governs the conquered state.  The proof that this is the case

today, is the U.S. flies the United States flag with a yellow

fringe on three sides.  According to the United States Code, Title

4, Sec. 1, the U.S. flag does not have a fringe on it.  The

difference being one is a Constitutional flag, and the fringed flag

is a military flag.  The military flag means you are in a military

occupation and are governed by the Commander-in-Chief in his

executive capacity, not under any Constitutional authority.  Read

the following.

 

Military Occupation 

     "This at most gives the invader certain partial and limited

rights of sovereignty.  Until conquest, the sovereign rights of the

original owner remain intact.  Conquest gives the conqueror full

rights of sovereignty and, retroactively, legalizes all acts done

by him during military occupation.  Its only essential is actual

and exclusive possession, which must be effective."

     "A conqueror may exercise governmental authority, but only

when in actual possession of the enemy's country; and this will be

exercised upon principles of international law; MacLeod v. U.S.,

229 U.S. 416, 33 Sup. Ct 955, 57 L. Ed. 1260." 

     "The occupant administers the government and may, strictly

speaking, change the municipal law, but it is considered the duty

of the occupant to make as few changes in the ordinary

administration of the laws as possible, though he may proclaim

martial law if necessary.  He may occupy public land and buildings;

he cannot alienate them so as to pass a good title, but a

subsequent conquest would probably complete the title..."

     "Private lands and houses are usually exempt.  Private movable

property is exempt, though subject to contributions and

requisitions.  The former are payments of money, to be levied only

by the commander-in-chief...Military necessity may require the

destruction of private property, and hostile acts of communities or

individuals may be punished in the same way.  Property may be

liable to seizure as booty on the field of battle, or when a town

refuses to capitulate and is carried by assault.  When military

occupation ceases, the state of things which existed previously is

 

restored under the fiction of postliminium (q.v.)"

     "Territory acquired by war must, necessarily, be governed, in

the first instance, by military power under the direction of the

president, as commander-in-chief.  Civil government can only be put

in operation by the action of the appropriate political department

of the government, at such time and in such degree as it may

determine.  It must take effect either by the action of the treaty-

making power, or by that of congress.  So long as congress has not

incorporated the territory into the United States, neither military

occupation nor cession by treaty makes it domestic territory, in

the sense of the revenue laws.  Congress may establish a temporary

government, which is not subject to all the restrictions of the

constitution.  Downes v. Bidwell, 182 U.S. 244, 21 Sup Ct. 770, 45

L. Ed. 1088, per Gray, J., concurring in the opinion of the court."

Bouvier's Law Dictionary

 

     Paragraph 1-3 of the definition of Military Occupation

describes what took place during and after the Civil War.  What

took place during the Civil War and Post Civil War has been legal

under international law.  You should notice in paragraph 3, that at

the end of the Civil War, title to the land was not complete, but

the subsequent Conquest completed the title.  When was the next

Conquest?  1933, when the American people were alienated by our

being declared enemies of the Conquer and by their declaring war

against all Americans.  Read the following quotes and also

(footnote 8).

 

     The following are excerpts from the Senate Report, 93rd

Congress, November 19, 1973, Special Committee On The Termination

Of The National Emergency United States Senate.

 

     Since March 9, 1933, the United States has been in a state of

declared national emergency....Under the powers delegated by these

statutes, the President may: seize property; organize and control

the means of production; seize commodities; assign military forces

abroad; institute martial law; seize and control all transportation

and communication; regulate the operation of private enterprise;

restrict travel; and, in a plethora of particular ways, control the

lives of all American citizens.

     A majority of the people of the United States have lived all

of their lives under emergency rule.  For 40 years, freedoms and

governmental procedures guaranteed by the Constitution have, in

varying degrees, been abridged by laws brought into force by states

of national emergency....from, at least, the Civil War in important

ways shaped the present phenomenon of a permanent state of national

emergency.

 

     In Title 12, in section 95b you'll find the following

codification of the emergency war powers: The actions, regulations,

rules, licenses, orders and proclamations heretofore or hereafter

taken, promulgated, made, or issued by the President of the United

States or the Secretary of the Treasury since March 4, 1933,

pursuant to the authority conferred by subsection (b) of section 5

of the Act of October 6, 1917, as amended (12 USCS, 95a), are

hereby approved and confirmed.  (March 9, 1933, c. 1, Title 1, 1,

48 Stat. 1)

 

 

     It is clear that the Bankrupt, defacto government of the

united States, which is operating under the War Powers Act and

Executive Orders; not the Constitution for the united States, has

in effect issued under its Admiralty Law, Letters of Marque

(piracy) to its private agencies IRS, ATF, FBI and DEA, with

further enforcement by its officers in the Courts, local police and

sheriffs, waged war against the American People and has classed

Americans as enemy aliens.

 

     The following definition is from BOUVIER'S LAW DICTIONARY (P.

1934) of Letters of Marque, it says: "A commission granted by the

government to a private individual, to take the property of a

foreign state, or of the citizens or subjects of such state, as a

reparation for an injury committed by such state, its citizens or

subjects.  The prizes so captured are divided between the owners of

the privateer, the captain, and the crew.  A vessel to a friendly

port, but armed for its own defence in case of attack by an enemy,

is also called a letter of marque."

 

Words and Phrases, Dictionary

     By the law of nations, an enemy is defined to be "one with

whom a nations at open war."  When the sovereign ruler of a state

declares war against another sovereign, it is understood the whole

nation declares war against that other nation.  All the subjects of

one are enemies to all the subjects of the other, and during the

existence of the war they continue enemies, in whatever country

they may happen to be, "and all persons residing within the

territory occupied by the belligerents, although they are in fact

foreigners, are liable to be treated as enemies."  Grinnan v.

Edwards, 21 W.Va. 347, 357, quoting Vatt. Law.Nat.bk. 3, c. 69-71

 

     So we find ourselves enemies in our own country and subjects

of a king that has conquered our land, with heavy taxation and no

possibility of fair representation.

 

     The government has, through the laws of forfeiture, taken

prize and booty for the king; under the Admiralty Law and Executive

powers as declared by the Law of the Flag.  None of which could

have been done with the built in protection contained in the true

Thirteenth Amendment, which has been kept from the American People.

The fraudulent Amendments and legislation that followed the Civil

War, bankrupted the American People and put the privateers

(banksters) in power, and enforced by the promise of prize and

booty to their partners in crime (government). 

 

The following is the definition of a tyrant.

     Webster's New Universal Unabridged Dictionary defines tyrant

as follows: "1. An absolute ruler; one who seized sovereignty

illegally; a usurper. 2. a cruel oppressive ruler; a despot. 3. one

who exercises his authority in an oppressive manner, a cruel

master."

 

     "When I see that the right and means of absolute command are

conferred on a people or upon a king, upon an aristocracy or a

democracy, a monarchy or republic, I recognize the germ of tyranny,

and I journey onwards to a land of more helpful institutions."

Alexis de Tocqueville, 1 DEMOCRACY IN AMERICA, at 250 [Arlington

House (1965)].

 

 

     So we pick up with paragraph 4, which describes the taxation

under Military Occupation and that you are under Executive control

and are bound under admiralty law by the contracts we enter,

including silent contracts and by Military Occupation. 

 

     Notice the last sentence in paragraph 5, Congress may

establish a temporary government, which is not subject to all the

restrictions of the Constitution.  See also Harvard Law Review -

the Insular Cases.  This means you do not have a Constitutional

government, you have a military dictatorship, controlled by the

President as Commander-in-Chief.  What is another way you can check

out what I am telling you?  Read the following quotes.

 

     "...[T]he United States may acquire territory by conquest or

by treaty, and may govern it through the exercise of the power of

Congress conferred by Section 3 of Article IV of the Constitu-

tion...

     In exercising this power, Congress is not subject to the same

constitutional limitations, as when it is legislating for the

United States.  ...And in general the guaranties of the Consti-

tution, save as they are limitations upon the exercise of executive

and legislative power when exerted for or over our insular

possessions, extend to them only as Congress, in the exercise of

its legislative power over territory belonging to the United

States,  has made those guarantees applicable."

     [Hooven & Allison & Co. vs Evatt, 324 U.S. 652 (1945)

 

     "The idea prevails with some indeed, it found expression in

arguments at the bar that we have in this country substantially or

practically two national governments;  one to be maintained under

the Constitution, with all its restrictions; the other to be

maintained by Congress outside and independently of that instru-

ment, by exercising such powers as other nations of the earth are

accustomed to exercise.

     I take leave to say that if the principles thus announced

should ever receive the sanction of a majority of this court, a

radical and mischievous change in our system of government will be

the result.  We will, in that event, pass from the era of constitu-

tional liberty guarded and protected by a written constitution into

an era of legislative absolutism.

     It will be an evil day for American liberty if the theory of

a government outside of the supreme law of the land finds lodgment

in our constitutional jurisprudence.  No higher duty rests upon

this court than to exert its full authority to prevent all

violation of the principles of the constitution."

     [Downes vs Bidwell, 182 U.S. 244 (1901)]

 

 

 

                       A Military Flag

 

 

     And to further confirm and understand the significance of what

I have told you, you need to understand the fringe on the United

States flag.  Read the following.

 

     First the appearance of our flag is defined in Title 4 sec. 1.

U.S.C..

     "The flag of the United States shall be thirteen horizontal

stripes, alternate red and white; and the union of the flag shall

be forty-eight stars, white in a blue field."  (my note - of course

when new states are admitted, new stars are added.)

     A foot note was added on page 1113 of the same section which

 

says: "Placing of fringe on the national flag, the dimensions of

the flag, and arrangement of the stars are matters of detail not

controlled by statute, but within the discretion of the President

as commander-in-chief of the Army and Navy." 1925, 34 Op.Atty.Gen.

483.

 

     The president, as military commander, can add a yellow fringe

to our flag.  When would this be done?  During time of war.  Why?

A flag with a fringe is an ensign, a military flag.  Read the

following.

 

     "Pursuant to U.S.C. Chapter 1, 2, and 3; Executive Order No.

10834, August 21, 1959, 24 F.R. 6865, a military flag is a flag

that resembles the regular flag of the United States, except that

it has a YELLOW FRINGE, bordered on three sides.  The President of

the United states designates this deviation from the regular flag,

by executive order, and in his capacity as COMMANDER-IN-CHIEF of

the Armed forces."

 

     From the National Encyclopedia, Volume 4:

     "Flag, an emblem of a nation; usually made of cloth and flown

from a staff.  From a military standpoint flags are of two general

classes, those flown from stationary masts over army posts, and

those carried by troops in formation.  The former are referred to

by the general name flags.  The latter are called colors when

carried by dismounted troops.  Colors and Standards are more nearly

square than flags and are made of silk with a knotted Fringe of

Yellow on three sides...use of the flag.  The most general and

appropriate use of the flag is as a symbol of authority and power."

 

     "...The agency of the master is devolved upon him by the law

of the flag.  The same law that confers his authority ascertains

its limits, and the flag at the mast-head is notice to all the

world of the extent of such power to bind the owners or freighters

by his act.  The foreigner who deals with this agent has notice of

that law, and, if he be bound by it, there is not injustice.  His

notice is the national flag which is hoisted on every sea and under

which the master sails into every port, and every circumstance that

connects him with the vessel isolates that vessel in the eyes of

the world, and demonstrates his relation to the owners and

freighters as their agent for a specific purpose and with power

well defined under the national maritime law." Bouvier's Law

Dictionary, 1914.

 

     Don't be thrown by the fact they are talking about the sea,

and that it doesn't apply to land. Admiralty law came on land in

1845 with the Act of 1845 by Congress.  Next a court case:

 

     "Pursuant to the "Law of the Flag", a military flag does

result in jurisdictional implication when flown.  The Plaintiff

cites the following: "Under what is called international law, the

law of the flag, a shipowner who sends his vessel into a foreign

port gives notice by his flag to all who enter into contracts with

the shipmaster that he intends the law of the flag to regulate

those contracts with the shipmaster that he either submit to its

operation or not contract with him or his agent at all." Ruhstrat

v. People, 57 N.E. 41, 45, 185 ILL. 133, 49 LRA 181, 76 AM.

     I have had debates with folks that take great issue with what

 

I have said, they dogmatically say the constitution is the law and

the government is outside the law.  I wish they were right, but

they fail to see or understand that the American people have been

conquered, unknowingly, but conquered all the same.  That is why a

judge will tell you not to bring the Constitution into his court,

or a law dictionary, because he is the law, not the Constitution.

     You have only to read the previous Senates report on National

Emergency, to understand the Constitution and our Constitutional

form of government no longer exists.

 

 

                        Further Evidence

                         Social Security

 

 

     I fail to understand how the American people could have been

so dumbed down as to not see that the Social Security system is

fraudulent and that it is based on socialism, which is the

redistribution of wealth, right out of the communist manifesto.

The Social Security system first, is fraud, it is insolvent and was

never intended to be.  It is used for a national identification

number, and a requirement to receive benefits from the conquers

(king).  The Social Security system is made to look and act like

insurance, all insurance is governed by admiralty law, which is the

kings way of binding those involved with commerce with him.

 

     "The Social Security system may be accurately described as a

form of Social Insurance, enacted pursuant to Congress' power to

"spend money in aid of the 'general welfare'," Helvering vs. Davis

[301 U.S., at 640]

 

     "My judgment accordingly is, that policies of insurance are

within... the admiralty and maritime jurisdiction of the United

States." Federal Judge Story, in DELOVIO VS. BOIT, 7 Federal Cases,

#3776, at page 444 (1815)

 

     You need to know and understand what contribution means in F.I

C. A., Federal Insurance Contribution Act.  Read the following

definition.

 

     Contribution.   Right of one who has discharged a common

liability to recover of another also liable, the aliquot portion

which he ought to pay or bear.  Under principle of "contribution,"

a tort-feasor against whom a judgement is rendered is entitled to

recover proportional shares of judgement from other joint tort-

feasor whose negligence contributed to the injury and who were also

liable to the plaintiff. (cite omitted)  The share of a loss

payable by an insure when contracts with two or more insurers cover

the same loss.  The insurer's share of a loss under a coinsurance

or similar provision.  The sharing of a loss or payment among

several.  The act of any one or several of a number of co-debtors,

co-sureties, etc., in reimbursing one of their number who has paid

the whole debt or suffered the whole liability, each to the extent

of his proportionate share. (Blacks Law Dictionary 6th ed.)

 

     Thereby making you obligated for the national debt.  The

Social Security system is one of the contractual nexus' between you

and the king.  Because you are involved in the kings commerce and

have asked voluntarily for his protection, you have accomplished

the following.  You have admitted that you are equally responsible

for having caused the national debt and that you are a wrong doer,

 

as defined by the above legal definition.  You have admitted to

being a Fourteenth Amendment citizen, who only has civil rights

granted by the king.  By being a Fourteenth Amendment citizen, you

have agreed that you do not have standing in court to question the

national debt.  Keep in mind this is beyond the status of our

country and people, which I covered earlier in this paper.  We are

in this system of law because of the conquest of our country.

 

     Congress has transferred its Constitutional obligation of

coining money to the federal reserve, the representatives of the

king, this began after the Civil War and the overturning of the

U.S. Constitution, as a result of CONGEST.  You have used this fiat

money without objection, which is a commercial benefit, supplied by

the kings bankers.  Fiat money has no real value, other than the

faith in it, and you CANNOT pay a debt with fiat money, because it

is a debt instrument.  A federal reserve note is a promise to pay

and is only evidence of debt.  The benefit you have received is you

are allowed to discharge your debt, which means you pass on

financial servitude to someone else.  The someone else is our

children.

 

     When you go to the grocery store and hand the clerk a fifty

dollar federal reserve note you have stolen the groceries and

passed fifty dollars of debt to the seller.  Americans try to

acquire as much of this fiat money as they can.  If Americans were

aware of this; it wouldn't matter to them, because they don't care

if the merchandise is stolen as long as it is legal.  But what

happens if the system fails?  Those with the most fiat money or

real property, which was obtained with fiat money will be forfeited

to the king, everything that was obtained with this fiat money

reverts back to the king temporary, I will explain in the

conclusion of this paper.  Because use of his fiat money is a

benefit, supplied by the king's bankers; it all transfers back to

the king.  The king's claim to the increase in this country comes

from the original Charter of 1606.  But, it is all hidden, black is

white and white is black, wealth is actually debt and financial

slavery.

 

     For those that do not have a Social Security number or think

they have rescinded it, you are no better off.  As far as the king

is concerned you are subject to him also.  Why?  Well, just to list

a couple of reasons other than conquest.  You use his money and as

I said before, this is discharging debt, without prosecution.  You

use the goods and services that were obtained by this fiat money,

to enrich your life style and sustain yourself.  You drive or

travel, which ever definition you want to use, on the king's

highways and roads for pleasure and to earn a living; meaning you

are involved in the king's commerce.  On top of these reasons which

are based on received benefits, this country HAS BEEN CONQUERED!

 

     I know a lot of patriots won't like this.  Your (our) argument

has been that the government has and is operating outside of the

law (United States Constitution).  Believe me I don't like sounding

like the devils advocate, but as far as international law goes; and

 

the laws that govern War between countries, the king/queen of

England rule this country, first by financial servitude and then by

actual Conquest and Military Occupation.  The Civil War was the

beginning of the Conquest, as evidenced by the Fourteenth

Amendment.  This Amendment did several things, as already

mentioned.  It created the only citizenship available to the

conquered and declared that these citizens had no standing in any

court to challenge the monetary policies of the new government.

Why?  So the king would always receive his gain from his Commercial

venture.  The Amendment also eliminated your use of natural rights

and gave the Conquered civil rights.  The Conquered are governed by

public policy, instead of Republic of self-government under God

Almighty.  Your argument that this can't be, is frivolous and

without merit, the evidence is conclusive. 

 

    

     Nothing has changed since before the Revolutionary War.

 

     All persons whose activities in King's Commerce are such that

they fall under this marine-like environment, are into an invisible

Admiralty Jurisdiction Contract.  Admiralty Jurisdiction is the

KING'S COMMERCE of the High Seas, and if the King is a party to the

sea-based Commerce (such as by the King having financed your ship,

or the ship is carrying the King's guns), then that Commerce is

properly governed by the special rules applicable to Admiralty

Jurisdiction.  But as for that slice of Commerce going on out on

the High Seas without the King as a party, that Commerce is called

Maritime Jurisdiction, and so Maritime is the private Commerce that

transpires in a marine environment.  At least, that distinction

between Admiralty and Maritime is the way things once were, but no

more.  George Mercier, Invisible Contracts, 1984.

 

     What Lincoln and Jefferson said about the true American danger

was very prophetic.

 

      "All the armies of Europe, Asia and Africa combined could

not, by force, take a drink from the Ohio, or make a track on the

Blue Ridge in a trial of a thousand years.  At what point then is

the approach of danger to be expected? I answer, if it ever reach

us it must spring up amongst us.  It cannot come from abroad.  If

destruction be our lot, we ourselves must be its author and

finisher. Abraham Lincoln

 

     "Our rulers will become corrupt, our people careless... the

time for fixing every essential right on a legal basis is [now]

while our rulers are honest, and ourselves united.  From the

conclusion of this war we shall be going downhill.  It will not

then be necessary to resort every moment to the people for support.

They will be forgotten, therefore, and their rights disregarded.

They will forget themselves, but in the sole faculty of making

money, and will never think of uniting to effect a due respect for

their rights.  The shackles, therefore, which shall not be knocked

off at the conclusion of this war, will remain on us long, will be

made heavier and heavier, till our rights shall revive or expire in

a convulsion. Thomas Jefferson

 

     Below are the political platforms of the Democrats and the

Republicans, as you can see there is no difference between the two,

 

plain socialism.  They are both leading America to a World

government, just as Cornwallis said, and that government will be

the British empire or promoted by the British.

 

     "We have built foundations for the security of those who are

faced with the hazards of unemployment and old age; for the

orphaned, the crippled, and the blind.  On the foundation of the

Social Security Act we are determined to erect a structure of

economic security for all our people, making sure that this benefit

shall keep step with the ever increasing capacity of America to

provide a high standard of living for all its citizens." DEMOCRATIC

PARTY PLATFORM OF 1936, at page 360, infra.

 

     "Real security will be possible only when our productive

capacity is sufficient to furnish a decent standard of living for

all American families and to provide a surplus for future needs and

contingencies.  For the attainment of that ultimate objective, we

look to the energy, self-reliance and character of our people, and

to our system of free enterprise.

     "Society has an obligation to promote the security of the

people, by affording some measure of protection against involuntary

unemployment and dependency in old age.  The NEW DEAL policies,

while purporting to provide social security, have, in fact,

endangered it.

     "We propose a system of old age security, based upon the

following principles:

          1.   We approve a PAY AS YOU GO policy, which requires of

each generation the support of the aged and the determination of

what is just and adequate.

          2.   Every American citizen over 65 should receive a

supplemental payment necessary to provide a minimum income

sufficient to protect him or her from want.

          3.   Each state and territory, upon complying with simple

and general minimum standards, should receive from the Federal

Government a graduated contribution in proportion to its own, up to

a fixed maximum.

          4.   To make this program consistent with sound fiscal

policy the Federal revenues for this purpose must be provided from

the proceeds of a direct tax widely distributed.  All will be

benefitted and all should contribute.

     "We propose to encourage adoption by the states and

territories of honest and practical measures for meeting the

problems of employment insurance.

     "The unemployment insurance and old age annuity of the present

Social Security Act are unworkable and deny benefits to about

two-thirds of our adult population, including professional men and

women and all engaged in agriculture and domestic service, and the

self-employed, while imposing heavy tax burdens upon all."

          -    REPUBLICAN PARTY PLATFORM OF 1936, at page 366.

Both PLATFORMS appear in NATIONAL PARTY PLATFORMS -- 1840 TO 1972;

compiled by Ronald Miller [University of Illinois Press, Urbana,

Illinois (1973)

 

 

                           CONCLUSION

 

     Jesus gave us the most profound warning and advise of all

time, Hosea 4:6 "My people are destroyed by a lack of knowledge."

This being our understanding and spiritual development in His Word.

When applied to the many facets of life, His Word exposes all of

 

life's pit falls.  Jesus Christ's Word covers all aspects of life.

 

     The working class during the 1700's were far more educated

than now, but this was still not enough to protect them from the

secret subterfuge practiced by the lawyers and bankers.  Only with

understanding of Jesus Christ's Word, can the evil application of

man's law be exposed and understood for what it is.  This is why

Jesus Christ also warned of the beguilement of the lawyers and the

deceit and deception they practice. 

 

     Another reason, the working class have been unable to

understand their enslavement, is because of the time spent working

for a living.  At wages supplied by the upper class, sufficient to

live and even prosper, but never enough to attain upper class

status.  This is basic class warfare.  This system is protected by

the upper class controlling public education, to limit and focus

the working class's knowledge, to maintain class separation. 

 

     What does this have to do with this paper?  Everything!  This

is the reason our upper class fore fathers submitted to the king in

the Treaty of 1783.  After this Treaty and up to the Civil War, the

working class were busy making this the greatest Country in the

history of the world.  You see they believed they were free, a

freeman will work much harder than a man that is subject or a

slave.  As a whole, the working class were not paying attention to

what the government was doing, including its Treaties and laws.

This allowed time for the banking procedures and laws to be put in

place over time, while the nation slept, so the nation could be

conquered during the Civil War.  The only way to regain this county

is with the re-education of the working class, so they can make

informed decisions and vote the mis-managers of our government out

of office.  We could then reverse the post Civil War socialist laws

and the one world government laws, that have been gradually put in

place since the Civil War.  Until the defeat of America is

recognized, victory will never be attainable.  Only through

reliance by faith on Jesus Christ and the teaching of His Kingdom

will we realize our freedom.  As I said earlier, just as this

Country has been conquered, when Jesus Christ returns he conquers

all nations and takes possession of His Kingdom and rules them with

a rod of iron (Rev. 11:15-18).  His right of ownership is enforced

by THE LAW, God Almighty.

 

The preceding 11214 words are not to be changed or altered in any

way, exept by permission of the author, James Montgomery.  I can be

reached through Knowledge is Freedom BBS.

 

     "...And to preserve their independence, we must not let our

rulers load us with perpetual debt.  We must make our election

between economy and liberty or profusion and servitude.  If we run

into such debts as that we must be taxed in our meat and in our

drink, in our necessaries and our comforts, in our labors and our

amusements, for our callings and our creeds, as the people of

England are, our people, like them, must come to labor sixteen

hours in the twenty-four, and give the earnings of fifteen of these

to the government for their debts and daily expenses; and the

 

sixteenth being insufficient to afford us bread, we must live, as

they now do, on oatmeal and potatoes; have not time to think, no

means of calling the mismanager's to account; but be glad to obtain

subsistence by hiring ourselves to rivet their chains on the necks

of our fellow sufferers..."

(Thomas Jefferson) THE MAKING OF AMERICA, p. 395

 

 

                            FOOTNOTES

 

 

Footnote 1

                        FIRST CHARTER OF VIRGINIA

                                  (1606)

 

          [This charter, granted by King James I. on April 10,

1606, to the oldest of the English colonies in America, is a

typical example of the documents issued by the British government,

authorizing

     "Adventurers" to establish plantations in the New world. The

name "Virginia" was at that time applied to all that part of North

America claimed by Great Britain.]

 

     I JAMES, by the Grace of God, King of England, Scotland,

France and Ireland, Defender of the Faith, &c. WHEREAS our loving

and well-disposed Subjects, Sir Thomas Gates, and Sir George

Somers, Knights, Richard Hackluit, Prebendary of Westminster, and

Edward-Maria Wingfield, Thomas Hanham, and Ralegh Gilbert, Esqrs.

William Parker, and George Popham, Gentlemen, and divers others of

our loving Subjects, have been humble Suitors unto us, that We

would vouchsafe unto them our License (authors footnote: remember

a license granted by the king is a privilege), to make Habitation,

Plantation, and to deduce a Colony of sundry of our People into

that Part of America, commonly called VIRGINIA, and other Parts and

Territories in America, either appertaining unto us, or which are

not now actually possessed by any Christian Prince or People,

situate, lying, and being all along the Sea Coasts, between four

and thirty Degrees of Northerly Latitude from the Equinoctial Line,

and five and forty Degrees of the same Latitude, and in the main

Land between the same four and thirty and five and forty Degrees,

and the Islands thereunto adjacent, or within one hundred Miles of

the Coasts thereof;

     II.  And to that End, and for the more speedy Accomplishment

of their said intended Plantation and Habitation there, are

desirous to divide themselves into two several Colonies and

Companies; The one consisting of certain Knights, Gentlemen,

Merchants, and other Adventurers, of our City of London and

elsewhere, which are, and from time to time shall be, joined unto

them, which do desire to begin their Plantation and Habitation in

some fit and convenient Place, between four and thirty and one and

forty Degrees of the said Latitude, along the Coasts of Virginia

and Coasts of America aforesaid; And the other consisting of sundry

Knights, Gentlemen, Merchants, and other Adventurers, of our Cities

of Bristol and Exeter, and of our Town of Plimouth, and of other

Places, which do join themselves unto that Colony, which do desire

to begin their Plantation and Habitation in some fit and convenient

Place, between eight and thirty Degrees and five and forty Degrees

of the said Latitude, all alongst the said Coast of Virginia and

America, as that Coast lyeth:

 

     III. We, greatly commending, and graciously accepting of,

their Desires for the Furtherance of so noble a Work, which may, by

the Providence of Almighty God, hereafter tend to the Glory of his

Divine Majesty, in propagating of Christian Religion to such

People, as yet live in Darkness and miserable Ignorance of the true

Knowledge and Worship of God, and may in time bring the Infidels

and Savages, living in those Parts, to human Civility, and to a

settled and quiet Government; DO, by these our Letters Patents,

graciously accept of, and agree to, their humble and well-intended

Desires;

     IV. And do therefore, for Us, our Heirs, and Successors, GRANT

and agree, that the said Sir Thomas Gates, Sir George Somers,

Richard Hackluit, and Edward-Maria Wingfield, Adventurers of and

for our City of London, and all such others, as are, or shall be,

joined unto them of that Colony, shall be called the first Colony;

And they shall and may begin their said first Plantation and

Habitation, at any Place upon the said Coast of Virginia or

America, where they shall think fit and convenient, between the

said four and thirty and one and forty Degrees of the said

Latitude; And that they shall have all the Lands, Woods, Soil,

Grounds, Havens, Ports, Rivers, Mines, Minerals, Marshes, Waters,

Fishings, Commodities, and Hereditaments, whatsoever, from the said

first Seat of their Plantation and Habitation by the Space of fifty

Miles of English Statute Measure, all along the said Coast of

Virginia and America, towards the West and South west, as the Coast

lyeth, with all the Islands within one hundred Miles directly over

against the same Sea Coast; And also all the Lands, Soil, Grounds,

Havens, Ports, Rivers, Mines, Minerals, Woods, Waters, Marshes,

Fishings, Commodities, and Hereditaments, whatsoever, from the said

Place of their first Plantation and Habitation for the space of

fifty like English Miles all alongst the said Coast of Virginia and

America, towards the East and Northeast, or towards the North, as

the Coast lyeth, together with all the Islands within one hundred

Miles, directly over against the said Sea Coast; And also all the

Lands, Woods, Soil, Grounds, Havens, Ports, Rivers, Mines,

Minerals, Marshes,Waters, Fishings, Commodities, and Hereditaments,

whatsoever, from the same fifty Miles every way on the Sea Coast,

directly into the main Land by the Space of one hundred like

English Miles; And shall and may inhabit and remain there; and

shall and may also build and fortify within any the same, for their

better Safeguard and Defence, according to their best Discretion,

and the Discretion of the Council of that Colony; And that no other

of our Subjects shall be permitted, or suffered, to plant or

inhabit behind, or on the Backside of them, towards the main Land,

without the Express License or Consent of the Council of that

Colony, thereunto in Writing first had and obtained.

     V. And we do likewise, for Us, our Heirs, and Successors, by

these Presents, GRANT and agree, that the said Thomas Hanham, and

Ralegh Gilbert, William Parker, and George Popham, and all others

of the Town of Plimouth in the County of Devon, or else-where,

 

which are, or shall be, joined unto them of that Colony, shall be

called the second Colony; And that they shall and may begin their

said Plantation and Seat of their first Abode and Habitation, at

any Place upon the said Coast of Virginia and America, where they

shall think fit and convenient, between eight and thirty Degrees of

the said Latitude, and five and forty Degrees of the same Latitude;

And that they shall have all the Lands, Soils, Grounds, Havens,

Ports, Rivers, Mines, Minerals, Woods, Marshes, Waters, Fishings,

Commodities, and Hereditaments, whatsoever from the first Seat of

their Plantation and Habitation by the Space of fifty like English

Miles as is aforesaid, all alongst the said Coast of Virginia and

America, towards the West and Southwest, or towards the South, as

the Coast lyeth, and all the Islands within one hundred Miles,

directly over against the said Sea Coast; And also all the Lands,

Soils, Grounds, Havens, Ports, Rivers, Mines, Minerals, Woods,

Marshes, Waters, Fishings, Commodities, and Hereditaments,

whatsoever, from the said Place of their first Plantation and

Habitation for the Space of fifty like Miles, all amongst the said

Coast of Virginia and America, towards the East and Northeast, or

towards the North, as the Coast lyeth, and all the Islands also

within one hundred Miles directly over against the same Sea Coast;

And also all the Lands, Soils, Grounds, Havens, Ports, Rivers,

Woods, Mines, Minerals, Marshes, Waters, Fishings, Commodities, and

Hereditaments, whatsoever, from the same fifty Miles every way on

the Sea Coast, directly into the main Land, by the Space of one

hundred like English Miles; And shall and may inhabit and remain

there; and shall and may also build and fortify within any the

same for their better Safeguard, according to their best

Discretion, and the Discretion of the Council of that Colony; And

that none of our Subjects shall be permitted, or suffered, to plant

or inhabit behind, or on the back of them, towards the main Land,

without the express License of the Council of that Colony, in

Writing thereunto first had and obtained.

     VI.  Provided always, and our Will and Pleasure herein is,

that the Plantation and Habitation of such of the said Colonies, as

shall last plant themselves, as aforesaid, shall not be made within

one hundred like English Miles of the other of them, that first

began to make their Plantation, as aforesaid.

     VII. And we do also ordain, establish, and agree, for Us, our

Heirs, and Successors, that each of the said Colonies shall have a

Council, which shall govern and order all Matters and Causes, which

shall arise, grow, or happen, to or within the same several

Colonies, according to such Laws, Ordinances, and Instructions, as

shall be, in that behalf, given and signed with Our Hand or Sign

Manual, and pass under the Privy Seal of our Realm of England; Each

of which Councils shall consist of thirteen Persons, to be

ordained, made, and removed, from time to time, according as shall

be directed, and comprised in the same instructions; And shall have

a several Seal, for all Matters that shall pass or concern the same

 

several Councils; Each of which Seals shall have the King's Arms

engraven on the one Side thereof, and his Portraiture on the other

And that the Seal for the Council of the said first Colony shall

have engraven round about, on the one side, these Words; Sigillum

Regis Magnae Britanniae, Franciae, & Hiberniae; on the other Side

this Inscription, round about; Pro Concilio primae Coloniae

Virginiae. And the seal for the Council of the said second Colony

shall also have engraven, round about the one Side thereof, the

aforesaid Words; Sigillum Regis Magnae, Britanniae, Franciae,

& Hiberniae; and on the other Side; Pro Concilio secundae Coloniae

Virginiae:

     VIII. And that also there shall be a Council established here

in England, which shall, in like Manner, consist of thirteen

Persons, to be, for that Purpose, appointed by Us, our Heirs and

Successors, which shall be called our Council of Virginia; And

shall, from time to time, have the superior Managing and Direction,

only of and for all Matters, that shall or may concern the

Government, as well of the said several Colonies, as of and for any

other Part or Place, within the aforesaid Precincts of four and

thirty and five and forty Degrees, above-mentioned; Which Council

shall, in like manner, have a Seal, for Matters concerning the

Council of Colonies, with the like Arms and Portraiture, as

aforesaid, with this Inscription, engraven round about on the one

Side; Sigillum Regis Magnae Britanniae, Franciae, & Hiberniae; and

round about the other side, Pro Concilio suo Virginiae.

     IX. And moreover, we do GRANT and agree, for Us, our Heirs and

Successors, that the said several Councils, of and for the said

several Colonies, shall and lawfully may, by Virtue hereof, from

time to time, without any Interruption of Us, our Heirs, or

Successors, give and take Order, to dig, mine, and search for all

Manner of Mines of Gold, Silver, and Copper, as well within any

part of their said several Colonies, as for the said main Lands on

the Back-side of the same Colonies; And to Have and enjoy the Gold,

Silver, and Copper, to be gotten thereof, to the Use and Behoof of

the same Colonies, and the Plantations thereof; YIELDING therefore,

to Us, our Heirs and Successors, the fifth Part only of all the

same Gold and Silver, and the fifteenth Part of all the same

Copper, so to be gotten or had, as is aforesaid, without any other

Manner or Profit or Account, to be given or yielded to Us, our

Heirs, or Successors, for or in Respect of the same:

     X. And that they shall, or lawfully may, establish and cause

to be made a Coin, to pass current there between the People of

those several Colonies, for the more Ease of Traffick and

Bargaining between and amongst them and the Natives there, of such

Metal, and in such Manner and Form, as the said several Councils

there shall limit and appoint.

     XI.  And we do likewise, for Us, our Heirs, and Successors, by

these Presents, give full Power and Authority to the said Sir

Thomas Gates, Sir George Somers, Richard Hackluit, Edward-Maria

Wingfield, Thomas Hanham, Ralegh Gilbert, William Parker, and

George Popham, and to every of them, and to the said several

 

Companies, Plantations, and Colonies, that they, and every of them,

shall and may, at all and every time and times hereafter, have,

take, and lead in the said Voyage, and for and towards the said

several Plantations and Colonies, and to travel thitherward, and

to abide and inhabit there, in every the said Colonies and

Plantations, such and so many of our Subjects, as shall willingly

accompany them, or any of them, in the said Voyages and

Plantations; With sufficient Shipping and Furniture of Armour,

Weapons, Ordinance, Powder, Victual, and all other things,

necessary for the said Plantations, and for their Use and Defence

there: PROVIDED always, that none of the said Persons be such, as

shall hereafter be specially restrained by Us, our Heirs, or

Successors.

     XII. Moreover, we do, by these Presents, for Us, our Heirs,

and Successors, GIVE AND GRANT License unto the said Sir Thomas

Gates, Sir George Somers, Richard Hackluit, Edward-Maria Wingfield,

Thomas Hanham, Ralegh Gilbert, William Parker, and George Popham,

and to every of the said Colonies, that they, and every of them,

shall and may, from time to time, and at all times for ever

hereafter, for their several Defences, encounter, expulse, repel,

and resist, as well by Sea as by Land, by all Ways and Means

whatsoever, all and every such Person and Persons, as without the

especial License of the said several Colonies and Plantations,

shall attempt to inhabit within the said several Precincts and

Limits of the said several Colonies and Plantations, or any of

them, or that shall enterprise or attempt, at any time hereafter,

the Hurt, Detriment, or Annoyance, of the said several Colonies or

Plantations.

     XIII. Giving and granting, by these Presents, unto the said

Sir Thomas Gates, Sir George Somers, Richard Hackluit, Edward-Maria

Wingfield, and their Associates of the said first Colony, and unto

the said Thomas Hanham, Ralegh Gilbert, William Parker, and George

Popham, and their Associates of the said second Colony, and to

every of them, from time to time, and at all times for ever

hereafter, Power and Authority to take and surprise, by all Ways

and Means whatsoever, all and every Person and Persons, with their

Ships, Vessels, Goods and other Furniture, which shall be found

trafficking, into any Harbour or Harbours, Creek or Creeks, or

Place, within the Limits or Precincts of the said several Colonies

and Plantations, not being of the same Colony, until such time, as

they, being of any Realms or Dominions under our Obedience, shall

pay, or agree to pay, to the Hands of the Treasurer of that Colony,

within whose Limits and Precincts they shall so traffick, two and

a half upon every Hundred, of any thing, so by them trafficked,

bought, or sold; And being Strangers, and not Subjects under our

Obeysance, until they shall pay five upon every Hundred, of such

Wares and Merchandise, as they shall traffick, buy, or sell, within

the Precincts of the said several Colonies, wherein they shall so

traffick, buy, or sell, as aforesaid, WHICH Sums of Money, or

Benefit, as aforesaid, for and during the Space of one and twenty

Years, next ensuing the Date hereof, shall be wholly emploied to

 

the Use, Benefit, and Behoof of the said several Plantations, where

such Traffick shall be made; And after the said one and twenty

Years ended, the same shall be taken to the Use of Us, our Heirs,

and Successors, by such Officers and Ministers, as by Us, our

Heirs, and Successors, shall be thereunto assigned or appointed.

     XIV. And we do further, by these Presents, for Us, our Heirs,

and Successors, GIVE AND GRANT unto the said Sir Thomas Gates, Sir

George Somers, Richard Hackluit, and Edward-Maria Wingfield, and to

their Associates of the said first Colony and Plantation, and to

the said Thomas Hanham, Ralegh Gilbert, William Parker, and George

Popham, and their Associates of the said second Colony and

Plantation, that they, and every of them, by their Deputies,

Ministers and Factors, may transport the Goods, Chattels, Armour,

Munition, and Furniture, needful to be used by them, for their said

Apparel, Food, Defence, or otherwise in Respect of the said

Plantations, out of our Realms of England and Ireland, and all

other our Dominions, from time to time, for and during the Time of

seven Years, next ensuing the Date hereof, for the better Relief of

the said several Colonies and Plantations, without any Custom,

Subsidy, or other Duty, unto Us, our Heirs, or Successors, to be

yielded or paid for the same.

 

     XV.  Also we do, for Us, our Heirs, and Successors, DECLARE,

by these Presents, that all and every the Persons, being our

Subjects, which shall dwell and inhabit within every or any of the

said several Colonies and Plantations, and every of their children,

which shall happen to be born within any of the Limits and

Precincts of the said several Colonies and Plantations, shall HAVE

and enjoy all Liberties, Franchises, and Immunities, within any of

our other Dominions, to all Intents and Purposes, as if they had

been abiding and born, within this our Realm of England, or any

other of our said Dominions.

     XVI. Moreover, our gracious Will and Pleasure is, and we do,

by these Presents, for Us, our Heirs, and Successors, declare and

set forth, that if any Person or Persons, which shall be of any of

the said Colonies and Plantations, or any other, which shall

traffick to the said Colonies and Plantations, or any of them,

shall, at any time or times hereafter, transport any Wares,

Merchandises, or Commodities, out of any of our Dominions, with a

Pretence to land, sell, or otherwise dispose of the same, within

any the Limits and Precincts of any the said Colonies and

Plantations, and yet nevertheless, being at Sea, or after he hath

landed the same within any of the said Colonies and Plantations,

shall carry the same into any other Foreign Country, with a Purpose

there to sell or dispose of the same, without the License of Us,

our Heirs, and Successors, in that Behalf first had and obtained;

That then, all the Goods and Chattels of such Person or Persons, so

offending and transporting, together with the said Ship or Vessel,

wherein such Transportation was made, shall be forfeited to Us, our

Heirs, and Successors.

     XVII. Provided always, and our Will and Pleasure is, and we do

hereby declare to all Christian Kings, Princes, and States, that if

 

any Person or Persons, which shall hereafter be of any of the said

several Colonies and Plantations, or any other, by his, their or

any of their License and Appointment, shall, at any time or times

hereafter, rob or spoil, by Sea or by Land, or do any Act of unjust

and unlawful Hostility, to any the Subjects of Us, our Heirs, or

Successors, or any the Subjects of any King, Prince, Ruler,

Governor, or State, being then in League or Amity with Us, our

Heirs, or Successors, and that upon such Injury, or upon just

Complaint of such Prince, Ruler, Governor, or State, or their

Subjects, We, our Heirs, or Successors, shall make open

Proclamation, within any of the Ports of our Realm of England,

commodious for that Purpose, That the said Person or Persons,

having committed any such Robbery or Spoil, shall, within the Term

to be limited by such Proclamations make full Restitution or

Satisfaction of all such Injuries done, so as the said Princes, or

others, so complaining, may hold themselves fully satisfied and

contented; And that, if the said Person or Persons, having

committed such Robbery or Spoil, shall not make, or cause to be

made, Satisfaction accordingly, within such Time so to be limited,

That then it shall be lawful to Us, our Heirs, and Successors, to

put the said Person or Persons, having committed such Robbery or

Spoil, and their Procurers, Abetters, or Comforters, out of our

Allegiance and Protection; And that it shall be lawful and free,

for all Princes and others, to pursue with Hostility the said

Offenders, and every of them, and their and every of their

Procurers, Aiders, Abetters, and Comforters, in that Behalf.

     XVIII. And finally, we do, for Us, our Heirs, and Successors,

GRANT and agree, to and with the said Sir Thomas Gates, Sir George

Somers, Richard Hackluit, and Edward-Maria Wingfield, and all

others of the said first Colony, that We, our Heirs, and

Successors, upon Petition in that Behalf to be made, shall, by

Letters-patent under the Great Seal of England, GIVE and GRANT unto

such Persons, their Heirs, and Assigns, as the Council of that

Colony, or the most Part of them, shall, for that Purpose nominate

and assign, all the Lands, Tenements, and Hereditaments, which

shall be within the Precincts limited for that Colony, as is

aforesaid, TO BE HOLDEN OF US, our Heirs, and Successors, as of our

Manor at East-Greenwich in the County of Kent, in free and common

Soccage only, and not in Capite:

     XIX. And do, in like Manner, Grant and Agree, for Us, our

Heirs, and Successors, to and with the said Thomas Hanham, Ralegh

Gilbert, William Parker, and George Popham, and all others of the

said second Colony, That We, our Heirs, and Successors, upon

Petition in that Behalf to be made, shall, by Letters-patent under

the Great Seal of England, GIVE and GRANT unto such Persons, their

Heirs, and Assigns, as the Council of that Colony, or the most Part

of them, shall, for that Purpose, nominate and assign, all the

Lands, Tenements, and Hereditaments, which shall be within the

Precincts limited for that Colony, as is aforesaid TO BE HOLDEN OF

US, our Heirs, and Successors, as of our Manour of East-Greenwich

 

in the County of Kent, in free and common Soccage only, and not in

Capite.

     XX.  All which Lands, Tenements, and Hereditaments, so to be

passed by the said several Letters-patent, shall be sufficient

Assurance from the said Patentees, so distributed and divided

amongst the Undertakers for the Plantation of the said several

Colonies, and such as shall make their Plantations in either of the

said several Colonies, in such Manner and Form, and for such

Estates, as shall be ordered and set down by the Council of the

said Colony, or the most Part of them, respectively, within which

the same Lands, Tenements, and Hereditaments shall lye or be;

Although express Mention of the true yearly Value or Certainty of

the Premises, or any of them, or of any other Gifts or Grants, by

Us or any of our Progenitors or Predecessors, to the aforesaid Sir

Thomas Gates, Knt. Sir George Somers, Knt. Richard Hackluit,

Edward-Maria Wingfield, Thomas Hanham, Ralegh Gilbert, William

Parker, and George Popham, or any of them, heretofore made, in

these Presents, is not made; Or any Statute, Act, Ordinance, or

Provision, Proclamation, or Restraint, to the contrary hereof had,

made, ordained, or any other Thing, Cause, or Matter whatsoever, in

any wise notwithstanding. In Witness whereof we have caused these

our Letters to be made Patents; Witness Ourself at Westminster, the

tenth Day of April, in the fourth Year of our Reign of England,

France, and Ireland, and of Scotland the nine and thirtieth.

 

 

Footnote 2

 

THE PARIS PEACE TREATY (PEACE TREATY of 1783): 

 

     In the name of the most holy and undivided Trinity. 

 

     It having pleased the Divine Providence to dispose the hearts

of the most serene and most potent Prince George the Third, by  

the grace of God, king of Great Britain, France, and Ireland,  

defender of the faith, duke of Brunswick and Lunebourg, arch- 

treasurer and prince elector of the Holy Roman Empire etc., and  

of the United States of America, to forget all past

misunderstandings and differences that have unhappily interrupted

the good correspondence and friendship which they mutually wish to

restore, and to establish such a beneficial and satisfactory

intercourse, between the two countries upon the ground of

reciprocal advantages and mutual convenience as may promote and

secure to both perpetual peace and harmony; and having for this

desirable end already laid the foundation of peace and

reconciliation by the Provisional Articles signed at Paris on the

30th of November 1782, by the commissioners empowered on each part,

which articles were agreed to be inserted in and constitute the

Treaty of Peace proposed to be concluded between the Crown of Great

Britain and the said United States, but which Treaty was not to be

concluded until terms of peace should be agreed upon between Great

Britain and France and his Britannic Majesty should be ready to

conclude such Treaty accordingly; and the Treaty between Great

Britain and France having since been concluded, his Britannic

Majesty and the United States of America, in order to carry into

full effect the Provisional Articles above mentioned, according to

 

the tenor thereof, have constituted and appointed, that is to say

his Britannic Majesty on his part, David Hartley, Esqr., member of

the Parliament of Great Britain, and the said United States on  

their part, John Adams, Esqr., late a commissioner of the United 

States of America at the court of Versailles, late delegate in  

Congress from the state of Massachusetts, and chief justice of  

the said state, and minister plenipotentiary of the said United  

States to their high mightinesses the States General of the  

United Netherlands; Benjamin Franklin, Esqr., late delegate in  

Congress from the state of Pennsylvania, president of the  

convention of the said state, and minister plenipotentiary from  

the United States of America at the court of Versailles; John  

Jay, Esqr., late president of Congress and chief justice of the  

state of New York, and minister plenipotentiary from the said  

United States at the court of Madrid; to be plenipotentiaries  

for the concluding and signing the present definitive Treaty;  

who after having reciprocally communicated their respective  

full powers have agreed upon and confirmed the following articles.

 

 

Article 1: 

 

     His Brittanic Majesty acknowledges the said United States,  

viz., New Hampshire, Massachusetts Bay, Rhode Island and  

Providence Plantations, Connecticut, New York, New Jersey,  

Pennsylvania, Maryland, Virginia, North Carolina, South Carolina 

and Georgia, to be free sovereign and independent states, that  

he treats with them as such, and for himself, his heirs, and  

successors, relinquishes all claims to the government, propriety,

and territorial rights of the same and every part thereof. 

 

Article 2: 

 

     And that all disputes which might arise in future on the  

subject of the boundaries of the said United States may be  

prevented, it is hereby agreed and declared, that the following  

are and shall be their boundaries, viz.; from the northwest  

angle of Nova Scotia, viz., that nagle which is formed by a line 

drawn due north from the source of St. Croix River to the  

highlands; along the said highlands which divide those rivers  

that empty themselves into the river St. Lawrence, from those  

which fall into the Atlantic Ocean, to the northwesternmost head 

of Connecticut River; thence down along the middle of that river 

to the forty-fifth degree of north latitude; from thence by a  

line due west on said latitude until it strikes the river  

Iroquois or Cataraquy; thence along the middle of said river  

into Lake Ontario; through the middle of said lake until it  

strikes the communication by water between that lake and Lake  

Erie; thence along the middle of said communication into Lake  

Erie, through the middle of said lake until it arrives at the  

water communication between that lake and Lake Huron; thence  

along the middle of said water communication into Lake Huron,  

thence through the middle of said lake to the water communication

between that lake and Lake Superior; thence through Lake Superior

northward of the Isles Royal and Phelipeaux to the Long Lake;  

 

thence through the middle of said Long Lake and the water  

communication between it and the Lake of the Woods, to the said  

Lake of the Woods; thence through the said lake to the most  

northwesternmost point thereof, and from thence on a due west  

course to the river Mississippi; thence by a line to be drawn  

along the middle of the said river Mississippi until it shall  

intersect the northernmost part of the thirty-first degree of  

north latitude, South, by a line to be drawn due east from the  

determination of the line last mentioned in the latitude of  

thirty-one degrees of the equator, to the middle of the river  

Apalachicola or Catahouche; thence along the middle thereof to  

its junction with the Flint River, thence straight to the head  

of Saint Mary's River; and thence down along the middle of Saint 

Mary's River to the Atlantic Ocean; east, by a line to be drawn  

along the middle of the river Saint Croix, from its mouth in the 

Bay of Fundy to its source, and from its source directly north  

to the aforesaid highlands which divide the rivers that fall  

into the Atlantic Ocean from those which fall into the river  

Saint Lawrence; comprehending all islands within twenty leagues  

of any part of the shores of the United States, and lying  

between lines to be drawn due east from the points where the  

aforesaid boundaries between Nova Scotia on the one part and  

East Florida on the other shall, respectively, touch the Bay  

of Fundy and the Atlantic Ocean, excepting such islands as now  

are or heretofore have been within the limits of the said  

province of Nova Scotia. 

 

Article 3: 

 

     It is agreed that the people of the United States shall  

continue to enjoy unmolested the right to take fish of every  

kind on the Grand Bank and on all the other banks of Newfoundland,

also in the Gulf of Saint Lawrence and at all other places in  

the sea, where the inhabitants of both countries used at any  

time heretofore to fish.  And also that the inhabitants of the  

United States shall have liberty to take fish of every kind on  

such part of the coast of Newfoundland as British fishermen shall

use, (but not to dry or cure the same on that island) and also  

on the coasts, bays and creeks of all other of his Brittanic  

Majesty's dominions in America; and that the American fishermen  

shall have liberty to dry and cure fish in any of the unsettled  

bays, harbors, and creeks of Nova Scotia, Magdalen Islands, and  

Labrador, so long as the same shall remain unsettled, but so soon

as the same or either of them shall be settled, it shall not be  

lawful for the said fishermen to dry or cure fish at such  

settlement without a previous agreement for that purpose with  

the inhabitants, proprietors, or possessors of the ground. 

 

Article 4: 

 

     It is agreed that creditors on either side shall meet with  

no lawful impediment to the recovery of the full value in sterling

money of all bona fide debts heretofore contracted. 

 

Article 5: 

 

     It is agreed that Congress shall earnestly recommend it to  

the legislatures of the respective states to provide for the  

 

restitution of all estates, rights, and properties, which have  

been confiscated belonging to real British subjects; and also  

of the estates, rights, and properties of persons resident in  

districts in the possession on his Majesty's arms and who have  

not borne arms against the said United States.  And that persons 

of any other description shall have free liberty to go to any part

or parts of any of the thirteen United States and therein to  

remain twelve months unmolested in their endeavors to obtain the 

restitution of such of their estates, rights, and properties as  

may have been confiscated; and that Congress shall also earnestly

recommend to the several states a reconsideration and revision  

of all acts or laws regarding the premises, so as to render the  

said laws or acts perfectly consistent not only with justice and 

equity but with that spirit of conciliation which on the return  

of the blessings of peace should universally prevail.  And that  

Congress shall also earnestly recommend to the several states  

that the estates, rights, and properties, of such last mentioned 

persons shall be restored to them, they refunding to any persons 

who may be now in possession the bona fide price (where any has  

been given) which such persons may have paid on purchasing any  

of the said lands, rights, or properties since the confiscation. 

 

     And it is agreed that all persons who have any interest in  

confiscated lands, either by debts, marriage settlements, or  

otherwise, shall meet with no lawful impediment in the prosecution

of their just rights. 

 

Article 6: 

 

     That there shall be no future confiscations made nor any  

prosecutions commenced against any person or persons for, or by  

reason of, the part which he or they may have taken in the present

war, and that no person shall on that account suffer any future  

loss or damage, either in his person, liberty, or property; and  

that those who may be in confinement on such charges at the time 

of the ratification of the Treaty in America shall be immediately

set at liberty, and the prosecutions so commenced be discontinued.

 

 

Article 7: 

 

     There shall be a firm and perpetual peace between his  

Brittanic Majesty and the said states, and between the subjects  

of the one and the citizens of the other, wherefore all hostilities

both by sea and land shall from henceforth cease.  All prisoners 

on both sides shall be set at liberty, and his Brittanic Majesty 

shall with all convenient speed, and without causing any  

destruction, or carrying away any Negroes or other property of  

the American inhabitants, withdraw all his armies, garrisons, and

fleets from the said United States, and from every post, place,  

and harbor within the same; leaving in all fortifications, the  

American artilery that may be therein; and shall also order and  

cause all archives, records, deeds, and papers belonging to any  

of the said states, or their citizens, which in the course of  

the war may have fallen into the hands of his officers, to be  

forthwith restored and delivered to the proper states and  

 

persons to whom they belong. 

 

Article 8: 

 

     The navigation of the river Mississippi, from its source  

to the ocean, shall forever remain free and open to the subjects 

of Great Britain and the citizens of the United States. 

 

Article 9: 

 

     In case it should so happen that any place or territory  

belonging to Great Britain or to the United States should have  

been conquered by the arms of either from the other before the  

arrival of the said Provisional Articles in America, it is  

agreed that the same shall be restored without difficulty and  

without requiring any compensation. 

 

Article 10: 

 

     The solemn ratifications of the present Treaty expedited in 

good and due form shall be exchanged between the contracting  

parties in the space of six months or sooner, if possible, to  

be computed from the day of the signatures of the present Treaty.

In witness whereof we the undersigned, their ministers  

plenipotentiary, have in their name and in virtue of our full  

powers, signed with our hands the present definitive Treaty and  

caused the seals of our arms to be affixed thereto. 

 

     Done at Paris, this third day of September in the year of  

our Lord, one thousand seven hundred and eighty-three. 

 

D. HARTLEY     (SEAL) 

JOHN ADAMS     (SEAL) 

B. FRANKLIN    (SEAL) 

JOHN JAY       (SEAL) 

 

Source: United States, Department of State, "Treaties and Other  

International Agreements of the United States of America,  

1776-1949", vol 12, pp8-12 

 

 

Footnote 3

 

 

ARTICLES OF CAPITULATION (1781)

 

 

Settled between his Excellency General Washington,

Commander-in-Chief of the combined Forces of America and France;

his Excellency the Count de Rochambeau, Lieutenant-General of the

Armies of the King of France, Great Cross of the royal and military

Order of St. Louis, commanding the auxiliary troops of his Most

Christian Majesty in America; and his Excellency the Count de

Grasse, Lieutenant-General of the Naval Armies of his Most

Christian Majesty, Commander of the Order of St. Louis,

Commander-in-Chief of the Naval Army of France in the Chesapeake,

on the one Part; and the Right Honorable Earl Cornwallis,

Lieutenant-General of his Britannic Majesty's Forces, commanding

the Garrisons of York and Gloucester; and Thomas Symonds, Esquire,

commanding his Britannic Majesty's Naval Forces in York River in

Virginia, on the other Part.

 

Article I. The garrisons of York and Gloucester, including the

officers and seamen of his Britannic Majesty's ships, as well as

other mariners, to surrender themselves prisoners of war to the

combined forces of America and France. The land troops to remain

prisoners to the United States, the navy to the naval army of his

Most Christian Majesty.

 

Article II. The artillery, arms, accoutrements, military chest, and

public stores of every denomination, shall be delivered unimpaired

to the heads of departments appointed to receive them.

 

Article III. At twelve o'clock this day the two redoubts on the

left flank of York to be delivered, the one to a detachment of

American infantry, the other to a detachment of French grenadiers.

 

The garrison of York will march out to a place to be appointed in

front of the posts, at two o'clock precisely, with shouldered arms,

colors cased, and drums beating a British or German march. They are

then to ground their arms, and return to their encampments, where

they will remain until they are despatched to the places of their

destination. Two works on the Gloucester side will be delivered at

one o'clock to a detachment of French and American troops appointed

to possess them. The garrison will march out at three o'clock in

the afternoon; the cavalry with their swords drawn, trumpets

sounding, and the infantry in the manner prescribed for the

garrison of York. They are likewise to return to their encampments

until they can be finally marched off.

 

Article IV. Officers are to retain their side-arms. Both officers

and soldiers to keep their private property of every kind; and no

part of their baggage or papers to be at any time subject to search

or inspection. The baggage and papers of officers and soldiers

taken during the siege to be likewise preserved for them.

It is understood that any property obviously belonging to the

inhabitants of these States, in the possession of the garrison,

shall be subject to be reclaimed.

 

Article V. The soldiers to be kept in Virginia, Maryland, or

Pennsylvania, and as much by regiments as possible, and supplied

with the same rations of provisions as are allowed to soldiers in

the service of America. A field-officer from each nation, to wit,

British, Anspach, and Hessian, and other officers on parole, in the

proportion of one to fifty men to be allowed to reside near their

respective regiments, to visit them frequently, and be witnesses of

their treatment; and that their officers may receive and deliver

clothing and other necessaries for them, for which passports are to

be granted when applied for.

 

Article VI. The general, staff, and other officers not employed as

mentioned in the above articles, and who choose it, to be permitted

to go on parole to Europe, to New York, or to any other American

maritime posts at present in the possession of the British forces,

at their own option; and proper vessels to be granted by the Count

de Grasse to carry them under flags of truce to New York within ten

days from this date, if possible, and they to reside in a district

to be agreed upon hereafter, until they embark. The officers of the

civil department of the army and navy to be included in this

article. Passports to go by land to be granted to those to whom

vessels cannot be furnished.

 

Article VII. Officers to be allowed to keep soldiers as servants,

according to the common practice of the service. Servants not

soldiers are not to be considered as prisoners, and are to be

allowed to attend their masters.

 

Article VIII. The Bonetta sloop-of-war to be equipped, and

navigated by its present captain and crew, and left entirely at the

disposal of Lord Cornwallis from the hour that the capitulation is

signed, to receive an aid-de-camp to carry despatches to Sir Henry

Clinton; and such soldiers as he may think proper to send to New

York, to be permitted to sail without examination. When his

 

despatches are ready, his Lordship engages on his part, that the

ship shall be delivered to the order of the Count de Grasse, if she

escapes the dangers of the sea. That she shall not carry off any

public stores. Any part of the crew that may be deficient on her

return, and the soldiers passengers, to be accounted for on her

delivery.

 

Article X. The traders are to preserve their property, and to be

allowed three months to dispose of or remove them; and those

traders are not to be considered as prisoners of war.

The traders will be allowed to dispose of their effects, the allied

army having the right of preemption. The traders to be considered

as prisoners of war upon parole.

 

Article X. Natives or inhabitants of different parts of this

country, at present in York or Gloucester, are not to be punished

on account of having joined the British army.

This article cannot be assented to, being altogether of civil

resort.

 

Article XI. Proper hospitals to be furnished for the sick and

wounded. They are to be attended by their own surgeons on parole;

and they are to be furnished with medicines and stores from the

American hospitals.

The hospital stores now at York and Gloucester shall be delivered

for the use of the British sick and wounded. Passports will be

granted for procuring them further supplies from New York, as

occasion may require; and proper hospitals will be furnished for

the reception of the sick and wounded of the two garrisons.

 

Article XII. Wagons to be furnished to carry the baggage of the

officers attending the soldiers, and to surgeons when travelling on

account of the sick, attending the hospitals at public expense.

They are to be furnished if possible.

 

Article XIII. The shipping and boats in the two harbours, with all

their stores, guns, tackling, and apparel, shall be delivered up in

their present state to an officer of the navy appointed to take

possession of them, previously unloading the private property, part

of which had been on board for security during the siege.

 

Article XIV. No article of capitulation to be infringed on pretence

of reprisals; and if there be any doubtful expressions in it, they

are to be interpreted according to the common meaning and

acceptation of the words.

 

Done at Yorktown, in Virginia, October 19th, 178l.

 

Cornwallis, Thomas Symonds.

 

Done in the Trenches before Yorktown, in Virginia, October 19th,

1781.

 

George Washington, Le Comte de Rochambeau,

 

Le Comte de Barras, En mon nom & celui du Comte de Grasse.

 

 

 

Footnote 4

 

     Though the debate on this subject was continued till two

o'clock in the morning, and though the opposition received

additional strength, yet the question was not carried.  The same

ground of argument was soon gone over again, and the American war

underwent, for the fourth time since the beginning of the session,

a full discussion; but no resolution, disapproving its farther

prosecution, could yet obtain the assent of a majority of the

members.  The advocates for peace becoming daily more numerous, it

was moved by Gen. Conway that "a humble address be presented to his

Majesty, that he will be pleased to give directions to his

 

ministers not to pursue any longer the impracticable object of

reducing his Majesty's revolted colonies by force to their

allegiance, by a war on the continent of America."  This brought

forth a repetition of the former arguments on the subject, and

engaged the attention of the house till two o'clock in the morning.

On a division, the motion for the address was lost by a single

vote...

     The ministry as well as the nation began to be sensible of the

impolicy of continental operations, but hoped that they might gain

their point, by prosecuting hostilities at sea.  Every opposition

was therefore made by them against the total dereliction (i.e.,

abandonment) of a war, on the success of which they had so

repeatedly pledged themselves, and on the continuance of which they

held their places.  General Conway in five days after (Feb. 27),

brought forward another motion expressed in different words, but to

the same effect with that which he had lost be a single vote.  This

caused a long debate which lasted till two o'clock in the morning.

It was then moved to adjourn the debate till the 13th of March.

There appeared for the adjournment 215 and against it 234.

     The original motion, and an address to the King formed upon

the resolution were then carried without division, and the address

was ordered to be presented by the whole house.

     To this his majesty answered, "that in pursuance of their

advice, he would take such measures as should appear to him the

most conducive to the restoration of harmony, between Great Britain

and the revolted colonies."  The thanks of the house were voted for

this answer.  But the guarded language thereof, not inconsistent

with farther hostilities against America; together with other

suspicious circumstances, induced General Conway to move another

resolution, expressed in the most decisive language.  This was to

the following effect that, "The house would consider as enemies to

his majesty and the country, all those who should advise or by any

means attempt the further prosecution of offensive war, on the

continent of North America, for the purpose of reducing the

colonies to obedience by force."  This motion after a feeble

opposition was carried without a division, and put a period to all

that chicanery by which ministers meant to distinguish between a

prosecution of offensive war in North America, and a total

dereliction of it.  This resolution and the preceding address, to

which it had reference, may be considered as the closing scene of

the American war (emphasis added).

     The History of the American Revolution, Vol. 2, Ramsay, 617-9.

 

     Footnote 5

 

     The Jay Treaty

Treaty of Amity Commerce and Navigation Concluded November 19,

1794; ratification advised by the senate with amendment June 24,

1795; ratified by the President; ratifications exchanged October

28, 1795; proclaimed February 29, 1796.

I. Amity. Discrimination on vessels, imports, etc.

II. Withdrawal of forces; vessels, imports, etc. Consuls.

III. Commerce and navigation; duties. Capture or detention of

neutrals

IV. Survey of the Mississippi. Contraband.

V. St. Croix River XIX. Officers passengers

 

VI. Indemnification by on neutrals. United States. XX. Pirates.

VII. Indemnification by Great XXI. Commission from foreign Britain.

states.

VIII. Expenses. XXII. Reprisals.

IX. Land tenures. XXIII. Ships of war.

X. Private debts, etc. XXIV. Foreign privateers.

XI. Liberty of navigation XXV. Prizes. and commerce. XXVI.

Reciprocal treatment

XII. West India trade; duties. of citizens in war.

XIII. East India trade; duties. XXVII. Extradition.

XIV. Commerce and Navigation. XXVIII. Limitation of Article XII:

ratification.

 

     His Britannic Majesty and the United States of America, being

desirous, by a Treaty of amity, commerce and navigation, to

terminate their difference in such a manner, as, without reference

to the merits of their respective complaints and pretentions, may

be the best calculated to produce mutual satisfaction and good

understanding; and also to regulate the commerce and navigation

between their respective countries, territories and people, in such

a manner as to render the same reciprocally beneficial and

satisfactory; they have, respectively, named their

Plenipotentiaries, and given them full powers to treat of, and

conclude the said Treaty, that is to say:

 

     His Britannic Majesty has named for his Plenipotentiary, the

Right Honorable William Wyndham Baron Grenville of Wotton, one of

His Majesty's Privy Council, and His Majesty's Principal Secretary

of State for Foreign Affairs; and the President of the said United

States, by and with the advice and consent of the Senate thereof,

hath appointed for their Plenipotentiary, the Honorable John Jay,

Chief Justice of the said United States, and their Envoy

Extraordinary to His Majesty;

 

     Who have agreed on and concluded the following articles:

ARTICLE I.

 

     There shall be a firm, inviolable and universal peace, and a

true and sincere friendship between His Britannic Majesty, his

heirs and successors, and the United States of America; and between

their respective countries, territories, cities, towns and people

of every degree, without exception of persons or places.

 

ARTICLE II.

 

     His Majesty will withdraw all his troops and garrisons from

all posts and places within the boundary lines assigned by the

Treaty of peace to the United States. This evacuation shall take

place on or before the first day of June, one thousand seven

hundred and ninety six, and all the proper measures shall in the

interval be taken by concert between the Government of the United

States and His Majesty's Governor-General in America for settling

the previous arrangements which may be necessary respecting the

delivery of the said posts: The United States in the mean time, at

their discretion, extending their settlements to any part within

the said boundary line, except within the precincts or jurisdiction

of any of the said posts. All settlers and traders, within the

precincts or jurisdiction of the said posts, shall continue to

enjoy, unmolested, all their property of every kind, and shall be

protected therein. They shall be at full liberty to remain there,

or to remove with all or any part of their effects; and it shall

also be free to them to sell their lands, houses or effects, or to

 

retain the property thereof, at their discretion; such of them as

shall continue to reside within the said boundary lines, shall not

be compelled to become citizens of the United States, or to take

any oath of allegiance to the Government thereof; but they shall be

at full liberty so to do if they think proper, and they shall make

and declare their election within one year after the evacuation

aforesaid. And all persons who shall continue there after the

expiration of the said year, without having declared their

intention of remaining subjects of His Britannic Majesty, shall be

considered as having elected to become citizens of the United

States.

 

ARTICLE III.

 

     It is agreed that it shall at all times be free to His

Majesty's subjects, and to the citizens of the United States, and

also to the Indians dwelling on either side of the said boundary

line, freely to pass and repass by land or inland navigation, into

the respective territories and countries of the two parties, on the

continent of America, (the country within the limits of the

Hudson's Bay Company only excepted.) and to navigate all the lakes,

rivers and waters thereof, and freely to carry on trade and

commerce with each other. But it is understood that this article

does not extend to the admission of vessels of the United States

into the seaports, harbours, bays or creeks of His Majesty's said

territories; nor into such parts of the rivers in His Majesty's

said territories as are between the mouth thereof, and the highest

port of entry from the sea, except in small vessels trading bona

fide between Montreal and Quebec, under such regulations as shall

be established to prevent the possibility of any frauds in this

respect. Nor to the admission of British vessels from the sea into

the rivers of the United States, beyond the highest ports of entry

for foreign vessels from the sea. The river Mississippi shall,

however, according to the Treaty of peace, be entirely open to both

parties; and it is further agreed, that all the ports and places on

its eastern side, to whichsoever of the parties belonging, may

freely be resorted to and used by both parties, in as ample a

manner as any of the Atlantic ports or places of the United States,

or any of the ports or places of His Majesty in Great Britain.

 

     All goods and merchandize whose importation into His Majesty's

said territories in America shall not be entirely prohibited, may

freely, for the purposes of commerce, be carried into the same in

the manner aforesaid, by the citizens of the United States, and

such goods and merchandize shall be subject to no higher or other

duties than would be payable by His Majesty's subjects on the

importation of the same from Europe into the said territories. And

in like manner all goods and merchandize whose importation into the

United States shall not be wholly prohibited, may freely, for the

purposes of commerce, be carried into the same, in the manner

aforesaid, by His Majesty's subjects, and such goods and

merchandize shall be subject to no higher or other duties than

would be payable by the citizens of the United States on the

importation of the same in American vessels into the Atlantic ports

 

of the said States. And all goods not prohibited to be exported

from the said territories respectively, may in like manner be

carried out of the same by the two parties respectively, paying

duty as aforesaid.

 

     No duty of entry shall ever be levied by either party on

peltries brought by land or inland navigation into the said

territories respectively, nor shall the Indians passing or

repassing with their own proper goods and effects of whatever

nature, pay for the same any impost or duty whatever. But goods in

bales, or other large packages, unusual among Indians, shall not be

considered as goods belonging bona fide to Indians.

 

     No higher or other tolls or rates of ferriage than what are or

shall be payable by natives, shall be demanded on either side; and

no duties shall be payable on any goods which shall merely be

carried over any of the portages or carrying places on either side,

for the purpose of being immediately reembarked and carried to some

other place or places. But as by this stipulation it is only meant

to secure to each party a free passage across the portages on both

sides, it is agreed that this exemption from duty shall extend only

to such goods as are carried in the usual and direct road across

the portage, and are not attempted to be in any manner sold or

exchanged during their passage across the same, and proper

regulations may be established to prevent the possibility of any

frauds in this respect.

 

     As this article is intended to render in a great degree the

local advantages of each party common to both, and thereby to

promote a disposition favorable to friendship and good

neighborhood, it is agreed that the respective Governments will

mutually promote this amicable intercourse, by causing speedy and

impartial justice to be done, and necessary protection to be

extended to all who may be concerned therein.

 

ARTICLE IV.

 

     Whereas it is uncertain whether the river Mississippi extends

so far to the northward as to be intersected by a line to be drawn

due west from the Lake of the Woods, in the manner mentioned in the

Treaty of peace between His Majesty and the United States: it is

agreed that measures shall be taken in concert between His

Majesty's Government in America and the Government of the United

States, for making a joint survey of the said river from one degree

of latitude below the falls of St. Anthony, to the principal source

or sources of the said river, and also of the parts adjacent

thereto; and that if, on the result of such survey, it should

appear that the said river would not be intersected by such a line

as is above mentioned, the two parties will thereupon proceed, by

amicable negotiation, to regulate the boundary line in that

quarter, as well as all other points to be adjusted between the

said parties, according to justice and mutual convenience, and in

conformity to the intent of the said Treaty.

 

ARTICLE V.

 

     Whereas doubts have arisen what river was truly intended under

the name of the river St. Croix, mentioned in the said Treaty of

peace, and forming a part of the boundary therein described; that

question shall be referred to the final decision of commissioners

 

to be appointed in the following manner. viz.:

     One commissioner shall be named by His Majesty, and one by the

President of the United States, by and with the advice and consent

of the Senate thereof, and the said two commissioners shall agree

on the choice of a third; or if they cannot so agree, they shall

each propose one person, and of the two names so proposed, one

shall be drawn by lot in the presence of the two original

Commissioners.

 

     And the three Commissioners so appointed shall be sworn,

impartially to examine and decide the said question, according to

such evidence as shall respectively be laid before them on the part

of the British Government and of the United States. The said

Commissioners shall meet at Halifax, and shall have power to

adjourn to such other place or places as they shall think fit. They

shall have power to appoint a Secretary, and to employ such

surveyors or other persons as they shall judge necessary. The said

Commissioners shall, by a declaration, under their hands and seals,

decide what river is the river St. Croix, intended by the Treaty.

The said declaration shall contain a description of the said river,

and shall particularize the latitude and longitude of its mouth and

of its source. Duplicates of this declaration and of the statements

of their accounts, and of the journal of their proceedings, shall

be delivered by them to the agent of His Majesty, and to the agent

of the United States, who may be respectively appointed and

authorized to manage the business on behalf of the respective

Governments.

     And both parties agree to consider such decision as final and

conclusive, so as that the same shall never thereafter be called

into question, or made the subject of dispute or difference between

them.

 

ARTICLE VI.

 

     Whereas it is alleged by divers British merchants and others

His Majesty's subjects, that debts, to a considerable amount, which

were bona fide contracted before the peace, still remain owing to

them by citizens or inhabitants of the United States, and that by

the operation of various lawful impediments since the peace, not

only the full recovery of the said debts has been delayed, but also

the value and security thereof have been, in several instances,

impaired and lessened, so that, by the ordinary course of judicial

proceedings, the British creditors cannot now obtain, and actually

have and receive full and adequate compensation for the losses and

damages which they have thereby sustained: It is agreed, that in

all such cases, where full compensation for such losses and damages

cannot, for whatever reason, be actually obtained, had and received

by the said creditors in the ordinary course of justice, the United

States will make full and complete compensation for the same to the

said creditors: But it is distinctly understood, that this

provision is to extend to such losses only as have been occasioned

by the lawful impediments aforesaid, and is not to extend to losses

occasioned by such insolvency of the debtors or other causes as

would equally have operated to produce such loss, if the said

impediments had not existed; nor to such losses or damages as have

 

been occasioned by the manifest delay or negligence, or wilful

omission of the claimant.

 

     For the purpose of ascertaining the amount of any such losses

and damages, five Commissioners shall be appointed and authorized

to meet and act in manner following, viz.: Two of them shall be

appointed by His Majesty, two of them by the President of the

United States by and with the advice and consent of the Senate

thereof, and the fifth by the unanimous voice of the other four;

and if they should not agree in such choice, then the Commissioners

named by the two parties shall respectively propose one person, and

of the two names so proposed, one shall be drawn by lot, in the

presence of the four original Commissioners. When the five

Commissioners thus appointed shall first meet, they shall, before

they proceed to act, respectively take the following oath, or

affirmation, in the presence of each other; which oath, or

affirmation, being so taken and duly attested, shall be entered on

the record of their proceedings, viz.: I, A. B., one of the

Commissioners appointed in pursuance of the sixth article of the

Treaty of Amity, Commerce and Navigation, between His Britannic

Majesty and the United States of America, do solemnly swear (or

affirm) that I will honestly, diligently, impartially and carefully

examine, and to the best of my judgment, according to justice and

equity, decide all such complaints, as under the said article shall

be preferred to the said Commissioners: and that I will forbear to

act as a Commissioner, in any case in which I may be personally

interested.

 

     Three of the said Commissioners shall constitute a board, and

shall have power to do any act appertaining to the said Commission,

provided that one of the Commissioners named on each side, and the

fifth Commissioner shall be present, and all decisions shall be

made by the majority of the voices of the Commissioners than

present. Eighteen months from the day on which the said

Commissioners shall form a board, and be ready to proceed to

business, are assigned for receiving complaints and applications;

but they are nevertheless authorized, in any particular cases in

which it shall appear to them to be reasonable and just, to extend

the said term of eighteen months for any term not exceeding six

months, after the expiration thereof. The said Commissioners shall

first meet at Philadelphia, but they shall have power to adjourn

from place to place as they shall see cause.

 

     The said Commissioners in examining the complaints and

applications so preferred to them, are empowered and required in

pursuance of the true intent and meaning of this article to take

into their consideration all claims, whether of principal or

interest, or balances of principal and interest and to determine

the same respectively, according to the merits of the several

cases, due regard being had to all the circumstances thereof, and

as equity and justice shall appear to them to require. And the said

Commissioners shall have power to examine all such persons as shall

come before them on oath or affirmation, touching the premises; and

also to receive in evidence, according as they may think most

 

consistent with equity and justice, all written depositions, or

books, or papers, or copies, or extracts thereof, every such

deposition, book, or paper, or copy, or extract, being duly

authenticated either according to the legal form now respectively

existing in the two countries, or in such other manner as the said

Commissioners shall see cause to require or allow.

 

     The award of the said Commissioners, or of any three of them

as aforesaid, shall in all cases be final and conclusive both as to

the justice of the claim, and to the amount of the sum to be paid

to the creditor or claimant; and the United States undertake to

cause the sum so awarded to be paid in specie to such creditor or

claimant without deduction; and at such time or times and at such

place or places, as shall be awarded by the said Commissioners; and

on condition of such releases or assignments to be given by the

creditor or claimant, as by the said Commissioners may be directed:

Provided always, that no such payment shall be fixed by the said

Commissioners to take place sooner than twelve months from the day

of the exchange of the ratifications of this Treaty.

 

ARTICLE VII.

 

     Whereas complaints have been made by divers merchants and

others, citizens of the United States, that during the course of

the war in which His Majesty is now engaged, they have sustained

considerable losses and damage, by reason of irregular or illegal

captures or condemnations of their vessels and other property,

under color of authority or commissions from His Majesty, and that

from various circumstances belonging to the said cases, adequate

compensation for the losses and damages so sustained cannot now be

actually obtained, had, and received by the ordinary course of

judicial proceedings; it is agreed, that in all such cases, where

adequate compensation cannot, for whatever reason, be now actually

obtained, had, and received by the said merchants and others, in

the ordinary course of justice, full and complete compensation for

the same will be made by the British Government to the said

complainants.

     But it is distinctly understood that this provision is not to

extend to such losses or damages as have been occasioned by the

manifest delay or negligence, or wilful omission of the claimant.

 

     That for the purpose of ascertaining the amount of any such

losses and damages, five Commissioners shall be appointed and

authorized to act in London, exactly in the manner directed with

respect to those mentioned in the preceding article, and after

having taken the same oath or affirmation, (mutatis mutandis,) the

same term of eighteen months is also assigned for the reception of

claims, and they are in like manner authorized to extend the same

in particular cases. They shall receive testimony, books, papers

and evidence in the same latitude, and exercise the like discretion

and powers respecting that subject; and shall decide the claims in

question according to the merits of the several cases, and to

justice, equity and the laws of nations. The award of the said

Commissioners, or any such three of them as aforesaid, shall in

all cases be final and conclusive, both as to the justice of the

 

claim, and the amount of the sum to be paid to the claimant; and

His Britannic Majesty undertakes to cause the same to be paid to

such claimant in specie, without any deduction, at such place or

places, and at such time or times, as shall be awarded by the said

Commissioners, and on condition of such releases or assignments to

be given by the claimant, as by the said Commissioners may be

directed.

 

     And whereas certain merchants and others, His Majesty s

subjects, complain that, in the course of the war, they have

sustained loss and damage by reason of the capture of their vessels

and merchandise, taken within the limits and jurisdiction of the

States and brought into the ports of the same, or taken by vessels

originally armed in ports of the said States:

 

     It is agreed that in all such cases where restitution shall

not have been made agreeably to the tenor of the letter from Mr.

Jefferson to Mr. Hammond, dated at Philadelphia, September 5, 1793,

a copy of which is annexed to this Treaty; the complaints of the

parties shall be and hereby are referred to the Commissioners to be

appointed by virtue of this article, who are hereby authorized and

required to proceed in the like manner relative to these as to the

other cases committed to them; and the United States undertake to

pay to the complainants or claimants in specie, without deduction,

the amount of such sums as shall be awarded to them respectively

by the said Commissioners, and at the times and places which in

such awards shall be specified; and on condition of such releases

or assignments to be given by the claimants as in the said awards

may be directed: And it is further agreed, that not only the now

existing cases of both descriptions, but also all such as shall

exist at the time of exchanging the ratifications of this Treaty,

shall be considered as being within the provisions, intent and

meaning of this article.

 

ARTICLE VIII.

 

     It is further agreed that the Commissioners mentioned in this

and in the two preceding articles shall be respectively paid in

such manner as shall be agreed between the two parties such

agreement being to be settled at the time of the exchange of the

ratifications of this Treaty. And all other expenses attending the

said Commissions shall be defrayed jointly by the two parties, the

same being previously ascertained and allowed by the majority of

the Commissioners.

     And in the case of death, sickness or necessary absence, the

place of every such Commissioner respectively shall be supplied in

the same manner as such Commissioner was first appointed, and the

new Commissioners shall take the same oath or affirmation and do

the same duties.

 

ARTICLE IX.

 

     It is agreed that British subjects who now hold lands in the

territories of the United States, and American citizens who now

hold lands in the dominions of His Majesty, shall continue to hold

them according to the nature and tenure of their respective estates

and titles therein; and may grant, sell or devise the same to whom

they please, in like manner as if they were natives and that

neither they nor their heirs or assigns shall, so far as may

 

respect the said lands and the legal remedies incident thereto, be

regarded as aliens.

 

ARTICLE X.

 

     Neither the debts due from individuals of the one nation to

individuals of the other, nor shares, nor monies, which they may

have in the public funds, or in the public or private banks, shall

ever in any event of war or national differences be sequestered or

confiscated, it being unjust and impolitic that debts and

engagements contracted and made by individuals having confidence in

each other and in their respective Governments, should ever be

destroyed or impaired by national authority on account of national

differences and discontents.

 

ARTICLE XI.

 

     It is agreed between His Majesty and the United States of

America, that there shall be a reciprocal and entirely perfect

liberty of navigation and commerce between their respective people,

in the manner, under the limitations, and on the conditions

specified in the following articles.

 

ARTICLE XII.

 

     His Majesty consents that it shall and may be lawful, during

the time hereinafter limited, for the citizens of the United States

to carry to any of His Majesty's islands and ports in the West

Indies from the United States, in their own vessels, not being

above the burthen of seventy tons, any goods or merchandizes, being

of the growth, manufacture or produce of the said States, which it

is or may be lawful to carry to the said islands or ports from the

said States in British vessels; and that the said American vessels

shall be subject there to no other or higher tonnage duties or

charges than shall be payable by British vessels in the ports of

the United States; and that the cargoes of the said American

vessels shall be subject there to no other or higher duties or

charges than shall be payable on the like articles if imported

there from the said States in British vessels.

 

     And His Majesty also consents that it shall be lawful for the

said American citizens to purchase, load and carry away in their

said vessels to the United States, from the said islands and ports,

all such articles, being of the growth, manufacture or produce of

the said islands, as may now by law be carried from thence to the

said States in British vessels, and subject only to the same duties

and charges on exportation, to which British vessels and their

cargoes are or shall be subject in similar circumstances.

 

     Provided always, that the said American vessels do carry and

land their cargoes in the United States only, it being expressly

agreed and declared that, during the continuance of this article,

the United States will prohibit and restrain the carrying any

molasses, sugar, coffee, cocoa or cotton in American vessels,

either from His Majesty's islands or from the United States to any

part of the world except the United States, reasonable seastores

excepted.

     Provided, also, that it shall and may be lawful, during the

same period, for British vessels to import from the said islands

into the United States, and to export from the United States to the

said islands, all articles whatever, being of the growth, produce

or manufacture of the said islands, or of the United States

 

respectively, which now may, by the laws of the said States, be so

imported and exported. And that the cargoes of the said British

vessels shall be subject to no other or higher duties or charges,

than shall be payable on the same articles if so imported or

exported in American vessels.

 

     It is agreed that this article, and every matter and thing

therein contained, shall continue to be in force during the

continuance of the war in which His Majesty is now engaged; and

also for two years from and after the date of the signature of the

preliminary or other articles of peace, by which the same may be

terminated.

 

     And it is further agreed that, at the expiration of the said

term, the two contracting parties will endeavour further to

regulate

their commerce in this respect, according to the situation in which

His Majesty may then find himself with respect to the West Indies,

and with a view to such arrangements as may best conduce to the

mutual advantage and extension of commerce. And the said parties

will then also renew their discussions, and endeavour to agree,

whether in any and what cases, neutral vessels shall protect

enemy's property; and in what cases provisions and other articles,

not generally contraband, may become such. But in the mean time,

their conduct towards each other in these respects shall be

regulated by the articles hereinafter inserted on those subjects.

 

ARTICLE XIII.

 

     His Majesty consents that the vessels belonging to the

citizens of the United States of America shall be admitted and

hospitably received in all the seaports and harbors of the British

territories in the East Indies. And that the citizens of the said

United States may freely carry on a trade between the said

territories and the said United States, in all articles of which

the importation or exportation respectively, to or from the said

territories, shall not be entirely prohibited. Provided only, that

it shall not be lawful for them in any time of war between the

British Government and any other Power or State whatever, to export

from the said territories, without the special permission of the

British Government there, any military stores, or naval stores, or

rice. The citizens of the United States shall pay for their vessels

when admitted into the said ports no other or higher tonnage duty

than shall be payable on British vessels when admitted into the

ports of the United States. And they shall pay no other or higher

duties or charges, on the importation or exportation of the cargoes

of the said vessels, than shall be payable on the same articles

when imported or exported in British vessels. But it is expressly

agreed that the vessels of the United States shall not carry any of

the articles exported by them from the said British territories to

any port or place, except to some port or place in America, where

the same shall be unladen and such regulations shall be adopted by

both parties as shall from time to time be found necessary to

enforce the due and faithful observance of this stipulation.

     It is also understood that the permission granted by this

article is not to extend to allow the vessels of the United States

 

to carry on any part of the coasting trade of the said British

territories; but vessels going with their original cargoes, or part

thereof, from one port of discharge to another, are not to be

considered as carrying on the coasting trade. Neither is this

article to be construed to allow the citizens of the said States to

settle or reside within the said territories, or to go into the

interior parts thereof, without the permission of the British

Government established there; and if any transgression should be

attempted against the regulations of the British Government in this

respect, the observance of the same shall and may be enforced

against the citizens of America in the same manner as against

British subjects or others transgressing the same rule. And the

citizens of the United States, whenever they arrive in any port or

harbour in the said territories, or if they should be permitted, in

manner aforesaid, to go to any other place therein, shall always be

subject to the laws, government and jurisdiction of what nature

established in such harbor, port pr place, according as the same

may be. The citizens of the United States may also touch for

refreshment at the island of St. Helena, but subject in all

respects to such regulations as the British Government may from

time to time establish there.

 

ARTICLE XIV.

 

     There shall be between all the dominions of His Majesty in

Europe and the territories of the United States a reciprocal and

perfect liberty of commerce and navigation. The people and

inhabitants of the two countries, respectively, shall have liberty

freely and securely, and without hindrance and molestation, to come

with their ships and cargoes to the lands, countries, cities,

ports, places and rivers within the dominions and territories

aforesaid, to enter into the same, to resort there, and to remain

and reside there, without any limitation of time. Also to hire and

possess houses and warehouses for the purposes of their commerce,

and generally the merchants and traders on each side shall enjoy

the most complete protection and security for their commerce; but

subject always as to what respects this article to the laws and

statutes of the two countries respectively.

 

ARTICLE XV.

 

     It is agreed that no other or high duties shall be paid by the

ships or merchandise of the one party in the ports of the other

than such as are paid by the like vessels or merchandize of all

other nations. Nor shall any other or higher duty be imposed in one

country on the importation of any articles the growth, produce or

manufacture of the other, than are or shall be payable on the

importation of the like articles being of the growth, produce or

manufacture of any other foreign country. Nor shall any prohibition

be imposed on the exportation or importation of any articles to or

from the territories of the two parties respectively, which shall

not equally extend to all other nations.

 

     But the British Government reserves to itself the right of

imposing on American vessels entering into the British ports in

Europe a tonnage duty equal to that which shall be payable by

British vessels in the ports of America; and also such duty as may

 

be adequate to countervail the difference of duty now payable on

the importation of European and Asiatic goods, when imported into

the United States in British or in American vessels

 

     The two parties agree to treat for the more exact equalization

of the duties on the respective navigation of their subjects and

people, in such manner as may be most beneficial to the two

countries.

     The arrangements for this purpose shall be made at the same

time with those mentioned at the conclusion of the twelfth article

of this Treaty, and are to be considered as a part thereof. In the

interval it is agreed that the United States will not impose any

new or additional tonnage duties on British vessels, nor increase

the nowsubsisting difference between the duties payable on the

importation of any articles in British or in American vessels.

 

ARTICLE XVI.

 

     It shall be free for the two contracting parties,

respectively, to appoint Consuls for the protection of trade, to

reside in the dominions and territories aforesaid; and the said

Consuls shall enjoy those liberties and rights which belong to them

by reason of their function. But before any Consul shall act as

such, he shall be in the usual forms approved and admitted by the

party to whom he is sent; and it is hereby declared to be lawful

and proper that, in case of illegal or improper conduct towards the

laws or Government, a Consul may either be punished according to

law, if the laws will reach the case, or be dismissed, or even sent

back, the offended Government assigning to the other their reasons

for the same.

 

     Either of the parties may except from the residence of Consuls

such particular places as such party shall judge proper to be so

excepted.

 

ARTICLE XVII.

 

     It is agreed that in all cases where vessels shall be captured

or detained on just suspicion of having on board enemy's property,

or of carrying to the enemy any of the articles which are

contraband of war, the said vessels shall be brought to the nearest

or most convenient port; and if any property of an enemy should be

found on board such vessel, that part only which belongs to the

enemy shall be made prize, and the vessel shall be at liberty to

proceed with the remainder without any impediment. And it is agreed

that all proper measures shall be taken to prevent delay in

deciding the cases of ships or cargoes so brought in for

adjudication, and in the payment or recovery of any

indemnification, adjudged or agreed to be paid to the masters or

owners of such ships.

 

ARTICLE XVIII.

 

     In order to regulate what is in future to be esteemed

contraband of war, it is agreed that under the said denomination

shall be comprised all arms and implements serving for the purposes

of war, by land or sea, such as cannon, muskets, mortars, petards,

bombs, grenades, carcasses, saucisses, carriages for cannon,

musketrests, bandoliers, gunpowder, match, saltpetre, ball, pikes,

swords, headpieces, cuirasses, halberts, lances, javelins,

horsefurniture, holsters, belts, and generally all other implements

of war, as also timber for shipbuilding, tar or rozin, copper in

sheets, sails, hemp, and cordage, and generally whatever may serve

 

directly to the equipment of vessels, unwrought iron and fir planks

only excepted, and all the above articles are hereby declared to be

just objects of confiscation whenever they are attempted to be

carried to an enemy.

 

     And whereas the difficulty of agreeing on the precise cases in

which alone provisions and other articles not generally contraband

may be regarded as such, renders it expedient to provide against

the inconveniences and misunderstandings which might thence arise:

It is further agreed that whenever any such articles so becoming

contraband, according to the existing laws of nations, shall for

that reason be seized, the same shall not be confiscated, but the

owners thereof shall be speedily and completely indemnified; and

the captors, or, in their default, the Government under whose

authority they act, shall pay to the masters or owners of such

vessels the full value of all such articles, with a reasonable

mercantile profit thereon, together with the freight, and also the

demurrage incident to such detention.

 

     And whereas it frequently happens that vessels sail for a port

or place belonging to an enemy without knowing that the same is

either besieged, blockaded or invested, it is agreed that every

vessel so circumstanced may be turned away from such port or place;

but she shall not be detained, nor her cargo, if not contraband, be

confiscated, unless after notice she shall again attempt to enter,

but she shall be permitted to go to any other port or place she may

think proper; nor shall any vessel or goods of either party that

may have entered into such port or place before the same was

besieged, blockaded, or invested by the other, and be found

thereinafter the reduction or surrender of such place, be liable to

confiscation, but shall be restored to the owners or proprietors

there.

 

ARTICLE XIX.

 

     And that more abundant care may be taken for the security of

the respective subjects and citizens of the contracting parties,

and to prevent their suffering injuries by the menofwar, or

privateers of either party, all commanders of ships of war and

privateers, and all others the said subjects and citizens, shall

forbear doing any damage to those of the other party or committing

any outrage against them, and if they act to the contrary they

shall be punished, and shall also be bound in their persons and

estates to make satisfaction and reparation for all damages, and

the interest thereof, of whatever nature the said damages may be.

 

     For this cause, all commanders of privateers, before they

receive their commissions, shall hereafter be obliged to give,

before a competent judge, sufficient security by at least two

responsible sureties, who have no interest in the said privateer,

each of whom, together with the said commander, shall be jointly

and severally bound in the sum of fifteen hundred pounds sterling,

or, if such ships be provided with above one hundred and fifty

seamen or soldiers, in the sum of three thousand pounds sterling,

to satisfy all damages and injuries which the said privateer, or

her officers or men, or any of them, may do or commit during their

 

cruise contrary to the tenor of this Treaty, or to the laws and

instructions for regulating their conduct; and further, that in all

cases of aggressions the said commissions shall be revoked and

annulled.

 

     It is also agreed that whenever a judge of a court of

admiralty of either of the parties shall pronounce sentence against

any vessel or goods or property belonging to the subjects or

citizens of the other party, a formal and duly authenticated copy

of all the proceedings in the cause, and of the said sentence,

shall, if required, be delivered to the commander of the said

vessel, without the smallest delay, he paying all legal fees and

demands for the same.

 

ARTICLE XX.

 

     It is further agreed that both the said contracting parties

shall not only refuse to receive any pirates into any of their

ports, havens or towns, or permit any of their inhabitants to

receive, protect, harbor, conceal or assist them in any manner, but

will bring to condign punishment all such inhabitants as shall be

guilty of such acts or offences.

 

     And all their ships, with the goods or merchandizes taken by

them and brought into the port of either of the said parties, shall

be seized as far as they can be discovered, and shall be restored

to the owners, or their factors or agents, duly deputed and

authorized in writing by them (proper evidence being first given in

the court of admiralty for proving the property) even in case such

effects should have passed into other hands by sale, if it be

proved that the buyers knew or had good reason to believe or

suspect that they had been piratically taken.

 

ARTICLE XXI.

 

     It is likewise agreed that the subjects and citizens of the

two nations shall not do any acts of hostility or violence against

each other, nor accept commissions or instructions so to act from

any foreign Prince or State, enemies to the other party; nor shall

the enemies of one of the parties be permitted to invite, or

endeavor to enlist in their military service, any of the subjects

or citizens of the other party; and the laws against all such

offences and aggressions shall be punctually executed. And if any

subject or citizen of the said parties respectively shall accept

any foreign commission or letters of marque for arming any vessel

to act as a privateer against the other party, and be taken by the

other party, it is hereby declared to be lawful for the said party

to treat and punish the said subject or citizen having such

commission or letters of marque as a pirate.

 

ARTICLE XXII.

 

     It is expressly stipulated that neither of the said

contracting parties will order or authorize any acts of reprisal

against the other, on complaints of injuries or damages, until the

said party shall first have presented to the other a statement

thereof, verified by competent proof and evidence, and demanded

justice and satisfaction, and the same shall either have been

refused or unreasonably delayed.

 

ARTICLE XXIII.

 

     The ships of war of each of the contracting parties shall, at

all times, be hospitably received in the ports of the other, their

officers and crews paying due respect to the laws and Government of

 

the country. The officers shall be treated with that respect which

is due to the commissions which they bear, and if any insult should

be offered to them by any of the inhabitants, all offenders in this

respect shall be punished as disturbers of the peace and amity

between the two countries. And His Majesty consents that in case an

American vessel should, by stress of weather, danger from enemies,

or other misfortune, be reduced to the necessity of seeking shelter

in any of His Majesty's ports, into which such vessel could not in

ordinary cases claim to be admitted, she shall, on manifesting that

necessity to the satisfaction of the Government of the place, be

hospitably received, and be permitted to refit and to purchase at

the market price such necessaries as she may stand in need of,

conformably to such orders and regulations at the Government of the

place, having respect to the circumstances of each case, shall

prescribe. She shall not be allowed to break bulk or unload her

cargo, unless the same should be bona fide necessary to her being

refitted. Nor shall be permitted to sell any part of her cargo,

unless so much only as may be necessary to defray her expences, and

then not without the express permission of the Government of the

place. Nor shall she be obliged to pay any duties whatever, except

only on such articles as she may be permitted to sell for the

purpose aforesaid.

 

ARTICLE XXIV.

 

     It shall not be lawful for any foreign privateers (not being

subjects or citizens of either of the said parties) who have

commissions from any other Prince or State in enmity with either

nation to arm their ships in the ports of either of the said

parties, nor to sell what they have taken, nor in any other manner

to exchange the same; nor shall they be allowed to purchase more

provisions than shall be necessary for their going to the nearest

port of that Prince or State from whom they obtained their

commissions.

 

ARTICLE XXV.

 

     It shall be lawful for the ships of war and privateers

belonging to the said parties respectively to carry whithersoever

they please the ships and goods taken from their enemies, without

being obliged to pay any fee to the officers of the admiralty, or

to any judges whatever; nor shall the said prizes, when they arrive

at and enter the ports of the said parties, be detained or seized,

neither shall the searchers or other officers of those places visit

such prizes, (except for the purpose of preventing the carrying of

any of the cargo thereof on shore in any manner contrary to the

established laws of revenue, navigation, or commerce,) nor shall

such officers take cognizance of the validity of such prizes; but

they shall be at liberty to hoist sail and depart as speedily as

may be, and carry their said prizes to the place mentioned in their

commissions or patents, which the commanders of the said ships of

war or privateers shall be obliged to show. No shelter or refuge

shall be given in their ports to such as have made a prize upon the

subjects or citizens of either of the said parties; but if forced

by stress of weather, or the dangers of the sea, to enter therein,

 

particular care shall be taken to hasten their departure, and to

cause them to retire as soon as possible. Nothing in this Treaty

contained shall, however, be construed or operate contrary to

former and existing public treaties with other sovereigns or

States. But the two parties agree that while they continue in amity

neither of them will in future make any treaty that shall be

inconsistent with this or the preceding article.

 

     Neither of the said parties shall permit the ships or goods

belonging to the subjects or citizens of the other to be taken

within cannon shot of the coast, nor in any of the bays, ports or

rivers of their territories, by ships of war or others having

commission from any Prince, Republic or State whatever. But in case

it should so happen, the party whose territorial rights shall thus

have been violated shall use his utmost endeavors to obtain from

the offending party full and ample satisfaction for the vessel or

vessels so taken, whether the same be vessels of war or merchant

vessels.

 

ARTICLE XXVI.

 

     If at any time a rupture should take place (which God forbid)

between His Majesty and the United States, and merchants and others

of each of the two nations residing in the dominions of the other

shall have the privilege of remaining and continuing their trade,

so long as they behave peaceably and commit no offence against the

laws; and in case their conduct should render them suspected, and

the respective Governments should think proper to order them to

remove, the term of twelve months from the publication of the order

shall be allowed them for that purpose, to remove with their

families, effects and property, but this favor shall not be

extended to those who shall act contrary to the established laws;

and for greater certainty, it is declared that such rupture shall

not be deemed to exist while negociations for accommodating

differences shall be depending, nor until the respective

Ambassadors or Ministers, if such there shall be, shall be recalled

or sent home on account of such differences, and not on account of

personal misconduct, according to the nature and degrees of which

both parties retain their rights, either to request the recall, or

immediately to send home the Ambassador or Minister of the other,

and that without prejudice to their mutual friendship and good

understanding.

 

ARTICLE XXVII.

 

     It is further agreed that His Majesty and the United States,

on mutual requisitions, by them respectively, or by their

respective Ministers or officers authorized to make the same, will

deliver up to justice all persons who, being charged with murder or

forgery, committed within the jurisdiction of either, shall seek an

asylum within any of the countries of the other, provided that this

shall only be done on such evidence of criminality as, according to

the laws of the place, where the fugitive or person so charged

shall be found, would justify his apprehension and commitment for

trial, if the offence had there been committed. The expence of such

apprehension and delivery shall be borne and defrayed by those who

made the requisition and receive the fugitive.

 

 

ARTICLE XXVIII.

 

     It is agreed that the first ten articles of this Treaty shall

be permanent, and that the subsequent articles, except the twelfth,

shall be limited in their duration to twelve years, to be computed

from the day on which the ratifications of this Treaty shall be

exchanged, but subject to this condition. That whereas the said

twelfth article will expire by the limitation therein contained, at

the end of two years from the signing of the preliminary or other

articles of peace, which shall terminate the present war in which

His Majesty is engaged, it is agreed that proper measures shall by

concert be taken for bringing the subject of that article into

amicable Treaty and discussion, so early before the expiration of

the said term as that new arrangements on that head may by that

time be perfected and ready to take place. But if it should

unfortunately happen that His Majesty and the United States should

not be able to agree on such new arrangements, in that case all the

articles of this Treaty, except the first ten, shall then cease and

expire together.

 

     Lastly. This Treaty, when the same shall have been ratified by

His Majesty and by the President of the United States, by and with

the advice and consent of their Senate, and the respective

ratifications mutually exchanged, shall be binding and obligatory

on His Majesty and on the said States, and shall be by them

respectively executed and observed with punctuality and the most

sincere regard to good faith; and whereas it will be expedient, in

order the better to facilitate intercourse and obviate

difficulties, that other articles be proposed and added to this

Treaty, which articles, from want of time and other circumstances,

cannot now be perfected, it is agreed that the said parties will,

from time to time, readily treat of and concerning such articles,

and will sincerely endeavor so to form them as that they may

conduce to mutual convenience and tend to promote mutual

satisfaction and friendship; and that the said articles, after

having been duly ratified, shall be added to and make a part of

this Treaty. In faith whereof we, the undersigned Ministers

Plenipotentiary of His Majesty the King of Great Britain and the

United States of America, have singed this present Treaty, and have

caused to be affixed thereto the seal of our arms.

 

     Done at London this nineteenth day of November, one thousand

seven hundred and ninetyfour.

 

(SEAL.) GRENVILLE.

 

(SEAL.) JOHN JAY.

---

 

 

Letter from Thomas Jefferson to George Hammond.

 

PHILADELPHIA, September 5, 1793.

 

Sir: I am honored with yours of August 30. Mine of the 7th of that

month assured you that measures were taken for excluding from all

further asylum in our ports vessels armed in them to cruise on

nations with which we are at peace, and for the restoration of the

prizes the Lovely Lass, Prince William Henry, and the Jane of

Dublin; and that should the measures for restitution fail in their

effect, the President considered it as incumbent on the United

States to make compensation for the vessels.

 

 

     We are bound by our treaties with three of the belligerent

nations, by all the means in our power, to protect and defend their

vessels and effects in our ports, or waters, or on the seas near

our shores, and to recover and restore the same to the right owners

when taken from them. If all the means in our power are used, and

fail in their effect, we are not bound by our treaties with those

nations to make compensation.

 

     Though we have no similar treaty with Great Britain, it was

the opinion of the President that we should use towards that nation

the same rule which, under this article, was to govern us with the

other nations; and even to extend it to captures made on the high

seas and brought into our ports f done by vessels which had been

armed within them.

 

     Having, for particular reasons, forbore to use all the means

in our power for the restitution of the three vessels mentioned in

my letter of August 7th, the President thought it incumbent on the

United States to make compensation for them; and though nothing was

said in that letter of other vessels taken under like

circumstances, and brought in after the 5th of June, and before the

date of that letter, yet when the same forbearance had taken place,

it was and is his opinion, that compensation would be equally due.

 

     As to prizes made under the same circumstances, and brought in

after the date of that letter, the President determined that all

the means in our power should be used for their restitution. If

these fail, as we should not be bound by our treaties to make

compensation to the other Powers in the analogous case, he did not

mean to give an opinion that it ought to be done to Great Britain.

But still, if any cases shall arise subsequent to that date, the

circumstances of which shall place them on similar ground with

those before it, the President would think compensation equally

incumbent on the United States.

 

     Instructions are given to the Governors of the different

States to use all the means in their power for restoring prizes of

this last description found within their ports. Though they will,

of course, take measures to be infomed of them, and the General

Government has given them the aid of the customhouse officers for

this purpose, yet you will be sensible of the importance of

multiplying the channels of their infomation as far as shall

depend on yourself, or any person under your direction, or order

that the Governors may use the means in their power for making

restitution.

 

     Without knowledge of the capture they cannot restore it. It

will always be best to give the notice to them directly; but any

infomation which you shall be pleased to send to me also, at any

time, shall be forwarded to them as quickly as distance will

permit.

 

     Hence you will perceive, sir, that the President contemplates

restitution or compensation in the case before the 7th of August;

and after that date, restitution if it can be effected by any means

in our power. And that it will be important that you should

substantiate the fact that such prizes are in our ports or waters.

 

 

     Your list of the privateers illicitly armed in our ports is,

I believe, correct.

 

     With respect to losses by detention, waste, spoilation

sustained by vessels taken as before mentioned, between the dates

of June 5th and August 7th, it is proposed as a provisional measure

that the Collector of the Customs of the district, and the British

Consul, or any other person you please, shall appoint persons to

establish the value of the vessel and cargo at the time of her

capture and of her arrival in the port into which she is brought,

according to their value in that port. If this shall be agreeable

to you, and you will be pleased to signify it to me, with the names

of the prizes understood to be of this description, instructions

will be given accordingly to the Collector of the Customs where

the respective vessels are.

 

     I have the honor to be, &c., TH: JEFFERSON. GEO: HAMMOND,

Esq.

 

ADDITIONAL ARTICLE.

 

     It is further agreed, between the said contracting parties,

that the operation of so much of the twelfth article of the said

Treaty as respects the trade which his said Majesty thereby

consents may be carried on between the United States and his

islands in the West Indies, in the manner and on the terms and

conditions therein specified, shall be suspended.

 

1796.

 

EXPLANATORY ARTICLE TO THE THIRD ARTICLE OF THE TREATY OF

NOVEMBER 19, 1794, RESPECTING THE LIBERTY TO PASS AND REPASS THE

BORDERS AND TO CARRY ON TRADE AND COMMERCE.

 

     Concluded May 4, 1796; Ratification advised by Senate May 9,

1796.

 

     Whereas by the third article of the Treaty of amity, commerce

and navigation, concluded at London on the nineteenth day of

November, one thousand seven hundred and ninetyfour, between His

Britannic Majesty and the United States of America, it was agreed

that is should at all times be free to His Majesty's subjects and

to the citizens of the United States, and also to the Indians

dwelling on either side of the boundary line, assigned by the

Treaty of peace to the United States, freely to pass and repass, by

land or inland navigation, into the respective territories and

countries of the two contracting parties, on the continent of

America, (the country within the limits of the Hudson's Bay Company

only excepted,) and to navigate all the lakes, rivers, and waters

thereof, and freely to carry on trade and commerce with each other,

subject to the provisions and limitations contained in the said

article: And whereas by the eighth article of the Treaty of peace

and friendship concluded at Greenville on the third day of August,

one thousand seven hundred and ninety-five, between the United

States and the nations or tribes of Indians called the Wyandots,

Delawares, Shawanoes, Ottawas, Chippewas, Putawatimies, Miamis, Eel

River, Weeas, Kickapoos, Piankashaws, and Kaskaskias, it was

stipulated that no person should be permitted to reside at any of

the towns or the hunting camps of the said Indian tribes, as a

trader, who is not furnished with a licence for that purpose under

the authority of the United States: Which latter stipulation has

excited doubts, whether in its operation it may not interfere with

 

the due execution of the third article of the Treaty of amity,

commerce and navigation: And it being the sincere desire of His

Britannic Majesty and of the United States that this point should

be so explained as to remove all doubts and promote mutual

satisfaction and friendship: And for this purpose His Britannic

Majesty having named for his Commissioner, Phineas Bond, Esquire,

His Majesty's ConsulGeneral for the Middle and Southern States of

America, (and now His Majesty's Chargé d'Affaires to the

United States,) and the President of the United States having named

for their Commissioner, Timothy Pickering, Esquire, Secretary of

State of the United States, to whom, agreeably to the laws of the

United States, he has intrusted this negotiation: They, the said

Commissioners, having communicated to each other their full powers,

have, in virtue of the same, and conformably to the spirit of the

last article of the said Treaty of amity, commerce and navigation,

entered into this explanatory article, and do by these presents

explicitly agree and declare, that no stipulations in any treaty

subsequently concluded by either of the contracting parties with

any other State or nation, or with any Indian tribe, can be

understood to derogate in any manner from the rights of free

intercourse and commerce, secured by the aforesaid third article of

the Treaty of amity, commerce and navigation, to the subjects of

his Majesty and to the citizens of the United States, and to the

Indians dwelling on either side of the boundary line aforesaid; but

that all the said persons shall remain at full liberty freely to

pass and repass, by land or inland navigation, into the respective

territories and countries of the contracting parties, on either

side of the said boundary line, and freely to carry on trade and

commerce with each other, according to the stipulations of the said

third article of the Treaty of amity, commerce and navigation.

 

     This explanatory article, when the same shall have been

ratified by His Majesty and by the President of the United States,

by and with the advice and consent of their Senate, and the

respective ratifications mutually exchanged, shall be added to and

make a part of the said Treaty of amity commerce and navigation,

and shall be permanently binding upon His Majesty and the United

States.

 

     In witness whereof we, the said Commissioners of His Majesty

the King of Great Britain and the United States of America, have

signed this present explanatory article, and thereto affixed our

seals.

     Done at Philadelphia this fourth day of May, in the year of

our Lord one thousand seven hundred and ninetysix.

 

(SEAL.) P. BOND. (SEAL.) TIMOTHY PICKERING.

 

1798.

 

EXPLANATORY ARTICLE TO THE TREATY OF NOVEMBER 19, 1794, RELEASING

THE COMMISSIONERS UNDER THE FIFTH ARTICLE FROM PARTICULARIZING

THE LATITUDE AND LONGITUDE OF THE RIVER ST. CROIX.

 

     Concluded March 15, 1798; Ratification advised by Senate June

5, 1798.

 

     Whereas by the twentyeight article of the Treaty of amity,

commerce, and navigation between His Britannic Majesty and the

United States, signed at London on the nineteenth day of November,

 

one thousand seven hundred and ninetyfour, it was agreed that the

contracting parties would, from time to time, readily treat of and

concerning such further articles as might be proposed; that they

would sincerely endeavour so to form such articles as that they

might conduce to mutual convenience and tend to promote mutual

satisfaction and ,friendship; and that such articles, after having

been duly ratified, should be added to and make a part of that

Treaty: And whereas difficulties have arisen with respect to the

execution of so much of the fifth article of the said Treaty as

requires that the Commissioners appointed under the same should in

their description particularize the latitude and longitude of the

source of the river which may be found to be the one truly intended

in the Treaty of peace between His Britannic Majesty and the United

States, under the name of the river St. Croix, by reason whereof it

is expedient that the said Commissioners should be released from

the obligation of conforming to the provisions of the said article

in this respect. The undersigned being respectively named by His

Britannic Majesty and the United States of America their

Plenipotentiaries for the purpose of treating of and concluding

such articles as may be proper to be added to the said Treaty, in

conformity to the above mentioned stipulation, and having

communicated to each other their respective full powers, have

agreed and concluded, and do hereby declare in the name of His

Britannic Majesty and of the United States of America that the

Commissioners appointed under the fifth article of the above

mentioned Treaty shall not be obliged to particularize in their

description, the latitude and longitude of the source of the river

which may be found to be the one truly intended in the aforesaid

Treaty of peace under the name of the river St. Croix, but they

shall be at liberty to describe the said river, in such other

manner as they may judge expedient, which description shall be

considered as a complete execution of the duty required of the said

Commissioners in this respect by the article aforesaid. And to the

end that no uncertainty may hereafter exist on this subject, it is

further agreed, that as soon as may be after the decision of the

said Commissioners, measures shall be concerted between the

Government of the United States and His Britannic Majesty's

Governors or Lieutenant Governors in America, in order to erect and

keep in repair a suitable monument at the place ascertained and

described to be the source of the said river St. Croix, which

measures shall immediately thereupon, and as often afterwards as

may be requisite, be duly executed on both sides with punctuality

and good faith.

 

     This explanatory article, when the same shall have been

ratified by His Majesty and by the President of the United States,

by and with the advice and consent of their Senate, and the

respective ratifications mutually exchanged, shall be added to and

make a part of the Treaty of amity, commerce, and navigation

between His Majesty and the United States, signed at London on the

nineteenth day of November, one thousand seven hundred and

 

ninetyfour, and shall be permanently binding upon His Majesty and

the United States.

 

     In witness whereof we, the said undersigned Plenipotentiaries

of His Britannic Majesty and the United States of America, have

signed this present article, and have caused to be affixed thereto

the seal of our arms.

 

     Done at London this fifteenth day of March, one thousand seven

hundred and ninetyeight.

 

(SEAL.) GRENVILLE. (SEAL.) RUFUS KING.

 

 

     Footnote 6

 

     

1814 Treaty of Ghent 1814 to end the War Of 1812 

 

     Treaty of Peace and Amity between His Britannic Majesty and

the United States of America, Concluded at Ghent, December 24,

1814; Ratification Advised by Senate, February 16, 1815; Ratified

by President; February 17, 1815; Ratifications Exchanged at

Washington, February 17, 1815; Proclaimed, February 18, 1815. His

Britannic Majesty and the United States of America, desirous of

terminating the war which has unhappily subsisted between the two

countries, and of restoring, upon principles of perfect

reciprocity, peace, friendship, and good understanding between

them, have, for that purpose, appointed their respective

Plenipotentiaries, that is to say:

     His Britannic Majesty, on his part, has appointed the Right

Honorable James Lord Gambier, late Admiral of the White, now

Admiral of the Red Squadron of His Majesty's fleet, Henry Goulburn,

Esquire, a member of the Imperial Parliament, and Under Secretary

of State, and William Adams, Esquire, Doctor of Civil Laws; and the

President of the United States, by and with the advice and consent

of the Senate thereof, has appointed John Quincy Adams, James A.

Bayard, Henry Clay, Jonathan Russell, and Albert Gallatin, citizens

of the United States; 

     Who, after a reciprocal communication of their respective full

powers, have agreed upon the following articles: 

 

Article I

 

     There shall be a firm and universal peace between His

Britannic Majesty and the United States, and between their

respective countries, territories, cities, towns, and people, of

every degree, without exception of places or persons. All

hostilities, both by sea and land, shall cease as soon as this

Treaty shall have been ratified by both parties, as hereinafter

mentioned. All territory, places, and possessions whatsoever, taken

by either party from the other during the war, or which may be

taken after the signing of this Treaty, excepting only the islands

hereinafter mentioned, shall be restored without delay, and without

causing any destruction or carrying away any of the artillery or

other public property originally captured in the said forts or

places, and which shall remain therein upon the exchange of the

ratifications of this Treaty, or any slaves or other private

property. And all archives, records, deeds, and papers, either of

a public nature or belonging to private persons, which, in the

course of the war, may have fallen into the hands of the officers

of either party, shall be, as far as may be practicable, forthwith

restored and delivered to the proper authorities and persons to

whom they respectively belong. Such of the islands in the Bay of

 

Passamaquoddy as are claimed by both parties, shall remain in the

possession of the party in whose occupation they may be at the time

of the exchange of the ratifications of this Treaty, until the

decision respecting the title to the said islands shall have been

made in conformity with the fourth article of this Treaty. No

disposition made by this Treaty as to such possession of the

islands and territories claimed by both parties shall, in any

manner whatever, be construed to affect the right of either.

 

 

Article II

 

     Immediately after the ratifications of this Treaty by both

parties, as hereinafter mentioned, orders shall be sent to the

armies, squadrons, officers, subjects and citizens of the two

Powers to cease from all hostilities. And to prevent all causes of

complaint which might arise on account of the prizes which may be

taken at sea after the said ratifications of this Treaty, it is

reciprocally agreed that all vessels and effects which may be taken

after the space of twelve days from the said ratifications, upon

all parts of the coast of North America, from the latitude of

twenty-three degrees north to the latitude of fifty degrees north,

and as far eastward in the Atlantic Ocean as the thirty-sixth

degree of west longitude from the meridian of Greenwich, shall be

restored on each side: that the time shall be thirty days in all

other parts of the Atlantic Ocean north of the equinoctial line or

equator, and the same time for the British and Irish Channels, for

the Gulf of Mexico, and all parts of the West Indies; forty days

for the North Seas, for the Baltic, and for all parts of the

Mediterranean; sixty days for the Atlantic Ocean south of the

equator, as far as the latitude of the Cape of Good Hope; ninety

days for every other part of the world south of the equator; and

one hundred and twenty days for all other parts of the world,

without exception.

 

Article III

 

     All prisoners of war taken on either side, as well by land as

by sea, shall be restored as soon as practicable after the

ratifications of this Treaty, as hereinafter mentioned, on their

paying the debts which they may have contracted during their

captivity. The two contracting parties respectively engage to

discharge, in specie, the advances which may have been made by the

other for the sustenance and maintenance of such prisoners. 

 

Article IV

 

     Whereas it was stipulated by the second article in the Treaty

of peace of one thousand seven hundred and eighty-three, between

His Britannic Majesty and the United States of America, that the

boundary of the United States should comprehend all islands within

twenty leagues of any part of the shores of the United States, and

lying between lines to be drawn due east from the points where the

aforesaid boundaries, between Nova Scotia on the one part, and East

Florida on the other, shall respectively touch the Bay of Fundy and

the Atlantic Ocean, excepting such islands as now are, or

heretofore have been, within the limits of Nova Scotia; and whereas

the several islands in the Bay of Passamaquoddy, which is part of

the Bay of Fundy, and the Island of Grand Menan, in the said Bay of

 

Fundy, are claimed by the United States as being comprehended

within their aforesaid boundaries, which said islands are claimed

as belonging to His Britannic Majesty, as having been, at the time

of and previous to the aforesaid Treaty of one thousand seven

hundred and eighty-three, within the limits of the Province of Nova

Scotia. In order, therefore, finally to decide upon these claims,

it is agreed that they shall be referred to two Commissioners to be

appointed in the following manner, viz: One Commissioner shall be

appointed by His Britannic Majesty, and one by the President of the

United States, by and with the advice and consent of the Senate

thereof; and the said two Commissioners so appointed shall be sworn

impartially to examine and decide upon the said claims according to

such evidence as shall be laid before them on the part of His

Britannic Majesty and of the United States respectively. The said

Commissioners shall meet at St. Andrews, in the Province of New

Brunswick, and shall have power to adjourn to such other place or

places as they shall think fit. The said Commissioners shall, by a

declaration or report under their hands and seals, decide to which

of the two contracting parties the several islands aforesaid do

respectively belong, in conformity with the true intent of the said

Treaty of peace of one thousand seven hundred and eighty-three. And

if the said Commissioners shall agree in their decision, both

parties shall consider such decision as final and conclusive. It is

further agreed that, in the event of the two Commissioners

differing upon all or any of the matters so referred to them, or in

the event of both or either of the said Commissioners refusing, or

declining or wilfully omitting to act as such, they shall make,

jointly or separately, a report or reports, as well to the

Government of His Britannic Majesty as to that of the United

States, stating in detail the points on which they differ, and the

grounds upon which their respective opinions have been formed, or

the grounds upon which they, or either of them, have so refused,

declined, or omitted to act. And His Britannic Majesty and the

Government of the United States hereby agree to refer the report or

reports of the said Commissioners to some friendly sovereign or

State, to be then named for that purpose, and who shall be

requested to decide on the differences which may be stated in the

said report or reports, or upon the report of one Commissioner,

together with the grounds upon which the other Commissioner shall

have refused, declined, or omitted to act, as the case may be. And

if the Commissioner so refusing, declining, or omitting to act,

shall also wilfully omit to state the grounds upon which he has so

done, in such manner that the said statement may be referred to

such friendly sovereign or State, together with the report of such

other Commissioner, then such sovereign or State shall decide ex

parte upon the said report alone. And His Britannic Majesty and the

Government of the United States engage to consider the decision of

such friendly sovereign or State to be final and conclusive on all

the matters so referred.

 

 

Article V

 

     Whereas neither the point of the highlands lying due north

from the source of the river St. Croix, and designated in the

former Treaty of peace between the two Powers as the northwest

angle of Nova Scotia, nor the northwesternmost head of Connecticut

River, has yet been ascertained; and whereas that part of the

boundary line between the dominions of the two Powers which extends

from the source of the river St. Croix directly north to the above

mentioned north west angle of Nova Scotia, thence along the said

highlands which divide those rivers that empty themselves into the

river St. Lawrence from those which fall into the Atlantic Ocean to

the northwesternmost head of Connecticut River, thence down along

the middle of that river to the forty-fifth degree of north

latitude; thence by a line due west on said latitude until it

strikes the river Iroquois or Cataraquy, has not yet been surveyed:

it is agreed that for these several purposes two Commissioners

shall be appointed, sworn, and authorized to act exactly in the

manner directed with respect to those mentioned in the next

preceding article, unless otherwise specified in the present

article. The said Commissioners shall meet at St. Andrews, in the

Province of New Brunswick, and shall have power to adjourn to such

other place or places as they shall think fit. The said

Commissioners shall have power to ascertain and determine the

points above mentioned, in conformity with the provisions of the

said Treaty of peace of one thousand seven hundred and

eighty-three, and shall cause the boundary aforesaid, from the

source of the river St. Croix to the river Iroquois or Cataraquy,

to be surveyed and marked according to the said provisions. The

said Commissioners shall make a map of the said boundary, and annex

to it a declaration under their hands and seals, certifying it to

be the true map of the said boundary, and particularizing the

latitude and longitude of the northwest angle of Nova Scotia, of

the northwesternmost head of Connecticut River, and of such other

points of the said boundary as they may deem proper. And both

parties agree to consider such map and declaration as finally and

conclusively fixing the said boundary. And in the event of the said

two Commissioners differing, or both or either of them refusing,

declining, or wilfully omitting to act, such reports, declarations,

or statements shall be made by them, or either of them, and such

reference to a friendly sovereign or State shall be made in all

respects as in the latter part of the fourth article is contained,

and in as full a manner as if the same was herein repeated. 

 

Article VI

 

     Whereas by the former Treaty of peace that portion of the

boundary of the United States from the point where the forty-fifth

degree of north latitude strikes the river Iroquois or Cataraquy to

the Lake Superior, was declared to be "along the middle of

said river into Lake Ontario, through the middle of said lake,

until it strikes the communication by water between that lake and

Lake Erie, thence along the middle of said communication into Lake

Erie, through the middle of said lake until it arrives at the water

 

communication into Lake Huron, thence through the middle of said

lake to the water communication between that lake and Lake

Superior;" and whereas doubts have arisen what was the middle

of the said river, lakes, and water communications, and whether

certain islands lying in the same were within the dominions of His

Britannic Majesty or of the United States: In order, therefore,

finally to decide these doubts, they shall be referred to two

Commissioners, to be appointed, sworn, and authorized to act

exactly in the manner directed with respect to those mentioned in

the next preceding article, unless otherwise specified in this

present article. The said Commissioners shall meet, in the first

instance, at Albany, in the State of New York, and shall have power

to adjourn to such other place or places as they shall think fit.

The said Commissioners shall, by a report or declaration, under

their hands and seals, designate the boundary through the said

river, lakes, and water communications, and decide to which of the

two contracting parties the several islands lying within the said

rivers, lakes, and water communications, do respectively belong, in

conformity with the true intent of the said Treaty of one thousand

seven hundred and eighty-three. And both parties agree to consider

such designation and decision as final and conclusive. And in the

event of the said two Commissioners differing, or both or either of

them refusing, declining, or wilfully omitting to act, such

reports, declarations, or statements shall be made by them, or

either of them, and such reference to a friendly sovereign or State

shall be made in all respects as in the latter part of the fourth

article is contained and in as full a manner as if the same was

herein repeated. 

 

Article VII

 

     It is further agreed that the said two last-mentioned

Commissioners, after they shall have executed the duties assigned

to them in the preceding article, shall be, and they are hereby,

authorized upon their oaths impartially to fix and determine,

according to the true intent of the said Treaty of peace of one

thousand seven hundred and eighty-three, that part of the boundary

between the dominions of the two Powers which extends from the

water communication between Lake Huron and Lake Superior, to the

most northwestern point of the Lake of the Woods, to decide to

which of the two parties the several islands lying in the lakes,

water communications, and rivers, forming the said boundary, do

respectively belong, in conformity with the true intent of the said

Treaty of peace of one thousand seven hundred and eighty-three; and

to cause such parts of the said boundary as require it to be

surveyed and marked. The said Commissioners shall, by a report or

declaration under their hands and seals, designate the boundary

aforesaid, state their decision on the points thus referred to

them, and particularize the latitude and longitude of the most

northwestern point of the Lake of the Woods, and of such other

parts of the said boundary as they may deem proper. And both

parties agree to consider such designation and decision as final

and conclusive. And in the event of the said two Commissioners

 

differing, or both or either of them refusing, declining, or

wilfully omitting to act, such reports, declarations, or statements

shall be made by them, or either of them, and such reference to a

friendly sovereign or state shall be made in all respects as in the

latter part of the fourth article is contained, and in as full a

manner as if the same was herein repeated.

 

Article VIII

 

     The several boards of two Commissioners mentioned in the four

preceding articles shall respectively have power to appoint a

secretary, and to employ such surveyors or other persons as they

shall judge necessary. Duplicates of all their respective reports,

declarations, statements, and decisions, and of their accounts, and

of the journal of their proceedings, shall be delivered by them to

the agents of His Britannic Majesty and to the agents of the United

States, who may be respectively appointed and authorized to manage

the business on behalf of their respective Governments. The said

Commissioners shall be respectively paid in such manner as shall be

agreed between the two contracting parties, such agreement being to

be settled at the time of the exchange of the ratifications of this

Treaty. And all other expenses attending the said commissions shall

be defrayed equally by the two parties. And in the case of death,

sickness, resignation, or necessary absence, the place of every

such Commissioner, respectively, shall be supplied in the same

manner as such Commissioner was first appointed, and the new

Commissioner shall take the same oath or affirmation, and do the

same duties. It is further agreed between the two contracting

parties, that in case any of the islands mentioned in any of the

preceding articles, which were in the possession of one of the

parties prior to the commencement of the present war between the

two countries, should, by the decision of any of the boards of

commissioners aforesaid, or of the sovereign or State so referred

to, as in the four next preceding articles contained, fall within

the dominions of the other party, all grants of land made previous

to the commencement of the war, by the party having had such

possession, shall be as valid as if such island or islands had, by

such decision or decisions, been adjudged to be within the

dominions of the party having had such possession.

 

Article IX

 

     The United States of America engage to put an end, immediately

after the ratification of the present Treaty, to hostilities with

all the tribes or nations of Indians with whom they may be at war

at the time of such ratification; and forthwith to restore to such

tribes or nations, respectively, all the possessions, rights, and

privileges which they may have enjoyed or been entitled to in one

thousand eight hundred and eleven, previous to such hostilities.

Provided always that such tribes or nations shall agree to desist

from all hostilities against the United States of America, their

citizens and subjects, upon the ratification of the present Treaty

being notified to such tribes or nations, and shall so desist

accordingly. And his Britannic Majesty engages, on his part, to put

 

an end immediately after the ratification of the present Treaty, to

hostilities with all the tribes or nations of Indians with whom he

may be at war at the time of such ratification, and forthwith to

restore to such tribes or nations respectively all the possessions,

rights, and privileges which they may have enjoyed or been entitled

to in one thousand eight hundred and eleven, previous to such

hostilities. Provided always that such tribes or nations shall

agree to desist from all hostilities against His Britannic Majesty,

and his subjects, upon ratification of the present Treaty being

notified to such tribes or nations, and shall so desist

accordingly.

 

Article X

 

     Whereas the traffic in slaves is irreconcilable with the

principles of humanity and justice, and whereas both His Majesty

and the United States are desirous of continuing their efforts to

promote its entire abolition, it is hereby agreed that both the

contracting parties shall use their best endeavours to accomplish

so desirable an object.

 

Article XI

 

     This Treaty, when the same shall have been ratified on both

sides, without alteration by either of the contracting parties, and

the ratifications mutually exchanged, shall be binding on both

parties, and the ratifications shall be exchanged at Washington, in

the space of four months from this day, or sooner if practicable.

 

     In faith whereof we, the respective Plenipotentiaries, have

signed this Treaty, and have thereunto affixed our seals. 

Done, in triplicate, at Ghent, the twenty-fourth day of December,

one thousand eight hundred and fourteen. 

 

     Gambier Henry Goulburn, William Adams, John Quincy Adams,

J. A. Bayard, H. Clay, John. Russell, Albert Gallatin

 

     Footnote 7

 

          These are the words of a first-hand observer, Anthony

Sherman,

who was there and describes the situation:  "You doubtless heard

the story of Washington's going to the thicket to pray.  Well, it

is not only true, but he used often to pray in secret for aid and

comfort from God, the interposition of whose Divine Providence

brought us safely through the darkest days of tribulation."

 

 

     "One day, I remember it well, when the chilly winds whistled

through the leafless trees, though the sky was cloudless and the

Sun shown brightly, he remained in his quarters nearly all the

afternoon alone.  When he came out, I noticed that his face was a

shade paler than usual.  There seemed to be something on his mind

of more than ordinary importance.  Returning just after dusk, he

dispatched an orderly to the quarters who was presently in

attendance.  After a preliminary conversation of about an hour,

Washington, gazing upon his companion with that strange look of

dignity which he alone commanded, related the event that occurred

that day."

 

Washington's Own Words

 

     "`I do not know whether it is owing to the anxiety of my mind,

or what, but this afternoon, as I was sitting at this table engaged

in preparing a dispatch, something seemed to disturb me.  Looking

up, I beheld standing opposite me a singularly beautiful being.  So

astonished was I, for I had given strict orders not to be

 

disturbed, that it was some moments before I found language to

inquire the cause of the visit.  A second, a third, and even a

fourth time did I repeat the question, but received no answer from

my mysterious visitor except a slight raising of the eyes.

 

     "`By this time I felt strange sensations spreading through me.

 

I would have risen but the riveted gaze of the being before me

rendered volition impossible.  I assayed once more to speak, but my

tongue had become useless, as though it had become paralyzed.  A

new influence, mysterious, potent, irresistible, took possession of

me.  All I could do was to gaze steadily, vacantly at my unknown

visitor. 

     "`Gradually the surrounding atmosphere seemed to fill with

sensations, and grew luminous.  Everything about me seemed to

rarefy, the mysterious visitor also becoming more airy and yet more

distinct to my eyes than before.  I began to feel as one dying, or

rather to experience the sensations which I have sometimes imagined

accompany death.  I did not think, I did not reason, I did not

move.  All were alike impossible.  I was only conscious of gazing

fixedly, vacantly at my companion.

 

     "`Presently I heard a voice saying, "Son of the Republic, look

and learn," while at the same time my visitor extended an arm

eastward.  I now beheld a heavy white vapor at some distance rising

fold upon fold.  This gradually dissipated, and I looked upon a

strange scene.  Before me lay spread out in one vast plain all the

countries of the world--Europe, Asia, Africa, and America.  I saw

rolling and tossing between Europe and America the billows of the

Atlantic, and between Asia and America lay the Pacific.  "Son of

the Republic,' said the same mysterious voice as before, 'look and

learn." 

     "`At that moment I beheld a dark, shadowy being, like an

angel, standing, or rather floating in mid-air, between Europe and

America.  Dipping water out of the ocean in the hollow of each

hand, he sprinkled some upon America with his right hand, while

with his left hand he cast some on Europe.  Immediately a cloud

arose from these countries, and joined in mid-ocean.  For a while

it seemed stationary, and then it moved slowly westward, until it

enveloped America in its murky folds.  Sharp flashes of lightning

gleamed through it at intervals, and I heard the smothered groans

and cries of the American people.

     "A second time the angel dipped water from the ocean, and

sprinkled it out as before.  The dark cloud was then drawn back to

the ocean, in whose heaving billows it sank from view. 

 

     "`A third time I heard the mysterious visitor saying, "Son of

the Republic, look and learn,"  I cast my eyes upon America and

beheld villages, towns, and cities springing up one after another

until the whole land from the Atlantic to the Pacific was dotted

with them.  Again, I heard the mysterious voice say, "Son of the

Republic, the end of the century cometh, look and learn." 

     "`And this the dark shadowy angel turned his face southward.

>From Africa I saw an ill-omened specter approach our land.  It

flitted slowly over every town and city of the latter.  The

 

inhabitants presently set themselves in battle array against each

other.  As I continued looking I saw a bright angel on whose brow

rested a crown of light, on which was traced the word "Union."  He

bearing the American flag.  He placed the flag between the divided

nation, and said, "Remember ye are brethren." 

 

     "`Instantly, the inhabitants, casting down their weapons,

became friends once more and united around the National Standard.

     "`And again I heard the mysterious voice saying, "Son of the

Republic, look and learn."  At this the dark, shadowy angel placed

a trumpet to his mouth, and blew three distinct blasts; and taking

water from the ocean, he sprinkled it upon Europe, Asia, and

Africa. 

     "`Then my eyes beheld a fearful scene.  From each of these

countries arose thick, black clouds that were soon joined into one.

 

And through this mass there gleamed a dark red light by which I saw

hordes of armed men.  These men, moving with the cloud, marched by

land and sailed by sea to America, which country was enveloped in

this volume of the cloud.  And I dimly saw these vast armies

devastate the whole country and burn the villages, towns, and

cities that I beheld springing up. 

     "`As my ears listened to the thundering of the cannon,

clashing of swords, and the shouts and cries of millions in mortal

combat, I heard again the mysterious voice saying, "Son of the

Republic, look and learn."  When the voice had ceased, the dark

shadowy angel placed his trumpet once more to his mouth, and blew

a long fearful blast.

 

     "`Instantly a light as of a thousand suns shone down from

above me, and pierced and broke into fragments the dark clouds

which enveloped America.  At the same moment the angel upon whose

head still shone the word "Union," and who bore our national flag

in one hand and a sword in the other, descended from the heavens

attended by legions of white spirits.  These immediately joined the

inhabitants of America, who I perceived were well-nigh overcome,

but who immediately taking courage again, closed up their broken

ranks and renewed the battle.

 

     "Again, amid the fearful noise of the conflict I heard the

mysterious voice saying, "Son of the Republic, look and learn."  As

the voice ceased, the shadowy angel for the last time dipped water

from the ocean and sprinkled it upon America.  Instantly the dark

cloud rolled back, together with the armies it had brought, leaving

the inhabitants of the land victorious.

 

     "`Then once more I beheld the villages, towns and cities

springing up where I had seen them before, while the bright angel,

planting the azure standard he had brought in the midst of them,

cried with a loud voice:  "While the stars remain, and the heavens

send down dew upon the earth, so long shall the Union last."  And

taking from his brow the crown on which blazoned the word "Union,"

he placed it upon the Standard while the people kneeling down said,

"Amen."

     "`The scene instantly began to fade and dissolve, and I at

last saw nothing but the rising, curling vapor I at first beheld.

This also disappeared, I found myself once more gazing upon the

 

mysterious visitor, who, in the same voice I had heard before,

said, "Son of the Republic, what you have seen is thus interpreted.

 

Three great perils will come upon the Republic.  The most fearful

for her is the third.  But the whole world united shall not prevail

against her.  Let every child of the Republic learn to live for his

God, his land and Union.  With these words the vision vanished, and

I started from my seat and felt that I had seen a vision wherein

had been shown me the birth, progress, and destiny of the United

States."

 

     Thus ended General George Washington's vision and prophecy for

the United States of America as told in his own words. 

 

 

     Footnote 8

 

     "In Title 1, Section 1 it says: The actions, regulations,

rules, licenses, orders and proclamations heretofore or hereafter

taken, promulgated, made, or issued by the President of the United

States or the Secretary of the Treasury since March 4, 1933,

pursuant to the authority conferred by subdivision (b) of section

5 of the Act of October 6, 1917, as amended, are hereby approved

and confirmed."

     "Section 2. Subdivision (b) of section 5 of the Act of October

6, 1917, (40 Stat. L. 411), as amended, is hereby amended to read

as follows: emergency declared by the President, the President may,

through any agency that he may designate, or otherwise,

investigate, regulate, or prohibit, under such rules and

regulations as he may prescribe, by means of licenses or otherwise,

any transactions in foreign exchange, transfers of credit between

or payments by banking institutions as defined by the President,

and export, hoarding, melting, or earmarking of gold or silver coin

or bullion or currency, BY ANY PERSON WITHIN THE UNITED STATES OR

ANY PLACE SUBJECT TO THE JURISDICTION THEREOF."

 

     Here is the legal phrase subject to the jurisdiction thereof,

but at law this refers to alien enemy and also applies to

Fourteenth Amendment citizens: 

 

     "As these words are used in the first section of the

Fourteenth Amendment of the Federal Constitution, providing for the

citizenship of all persons born or naturalized in the United States

and subject to the jurisdiction thereof, the purpose would appear

to have been to exclude by the fewest words (besides children of

members of the Indian tribes, standing in a peculiar relation to

the National Government, unknown to the common Law), the two

classes of cases, children born of *ALIEN ENEMIES(emphasis mine),

in hostile occupation, and children of diplomatic representatives

of a foreign state, both of which, by the law of England and by our

own law, from the time of the first settlement of the English

colonies in America, had been recognized exceptions to the

fundamental rule of citizenship by birth within the country."

United States v Wong Kim Ark, 169 US 649, 682, 42 L Ed 890, 902, 18

S Ct 456. Ballentine's Law Dictionary

 

Congressman Beck had this to say about the War Powers Act:

 

     "I think of all the damnable heresies that have ever been

suggested in connection with the Constitution, the doctrine of

emergency is the worst.  It means that when Congress declares an

 

emergency there is no Constitution.  This means its death....But

the Constitution of the United States, as a restraining influence

in keeping the federal government within the carefully prescribed

channels of power, is moribund, if not dead.  We are witnessing its

death-agonies, for when this bill becomes a law, if unhappily it

becomes law, there is no longer any workable Constitution to keep

the Congress within the limits of its constitutional powers."

(Congressman James Beck in Congressional Record 1933)

 

     The phrase Alien Enemy is defined in Bouvier's Law Dictionary

as: One who owes allegiance to the adverse belligerent. 1 Kent 73.

     He who owes a temporary but not a permanent allegiance is an

alien enemy in respect to acts done during such temporary

allegiance only; and when his allegiance terminates, his hostile

character terminates also; 1 B. & P. 163.

     Alien enemies are said to have no rights, no privileges,

unless by the king's special favor, during time of war; 1 Bla. Com.

372; Bynkershoek 195; 8 Term 166. [Remember we've been under a

declared state of war since October 6, 1917, as amended March 9,

1933 to include every United States citizen.]

 

     "The phrase Alien Enemy is defined in Words and Phrases as:

Residence of person in territory of nation at war with United

States was sufficient to characterize him as "alien enemy" within

Trading with the Enemy Act, even if he had acquired and retained

American citizenship." Matarrese v. Matarrese, 59 A.2d 262, 265,

142 N.J. Eq. 226.

     "Residence or doing business in a hostile territory is the

test of an "alien enemy: within meaning of Trading with the Enemy

Act and Executive Orders thereunder."  Executive Order March 11,

1942, No. 9095, as amended, 50 U.S.C.A. Appendix 6; Trading with

the Enemy Act 5 (b). In re Oneida Nat. Bank & Trust Co. of Utica,

53 N.Y.S. 2d. 416, 420, 421, 183 Misc. 374.

     "By the modern phrase, a man who resides under the allegiance

and protection of a hostile state for commercial purposes is to be

considered to all civil purposes as much an `alien enemy' as if he

were born there."  Hutchinson v. Brock, 11 Mass. 119, 122.

 

     "The trading with the enemy Act, originally and as amended, in

strictly a war measure, and finds its sanction in the provision

empowering Congress "to declare war, grant letters of Marque and

reprisal, and make rules concerning captures on land and water." 

Stoehr v. Wallace 255 U.S.

 

 

 

James Montgomery

08/05/96

 

 

Knowledge is Freedom BBS

1-910-869-0780

24HR.

28,000 Baud

 

 

 

     James Brought up the term residence and my research has

brought forth the following which is why the gov't wants you to

declare yourself as a "resident."  Resident has one purpose in tax

law and commercial law.  Resident is the opposite of non-resident,

"Resident" is legally defined in United States v. Penelope, 27 Fed.

Case No. 16024, which states: "But admitting that the common

acceptance of the word and its legal technical meaning are

different, we must presume that Congress meant to adopt the

latter.", page 487.  "But this is a highly penal act, and must have

strict construction. * * * The question seems to be whether they

 

inserted 'resident' without the legal meaning generally affixed to

it.  If they have omitted to express their meaning, we cannot

supply it.", page 489.

 

     Ask yourself this question, has the State or United States, in

their tax statutes, defined the word "resident" in its legal

technical meaning?  The Penelope Court stated the legal meaning of

the term "resident" at page 489: "In the case of Hylton v. Brown

[Case No. 6,981] in the Circuit Court, and cases in this court, the

following has always been my definition of the words 'resident,' or

'inhabitant,' which in my view, means the same thing.  An

inhabitant, or resident, is a person coming into a place with an

intention to establish his domicile, or per-manent residence: under

this intention he takes a house, or lodgings, as one fixed and

stationary, and opens a store or takes any step preparatory to do

business or in execution of this settled intention." [Emphasis

added ]

 

     The other legal definition for "resident" can be found in

Jowitt's English Law Dictionary, 1977 edition which states;

"RESIDENT, An agent, minister or officer residing in any distant

place with the dignity of an ambassador: the chief representative

of government at certain princely states; Residents are as class of

public ministers inferior to ambassadors and envoys, but, like

them, they are protected under the law of nations."

 

     This bears out James' work that the resident, who is a

government agent, official, etc., is doing business for the British

Crown to collect the debt of those residents who are claiming

citizenship of the States or United States because that would make

them subjects liable to pay the pecuniary contribution, disguised

as a "Gross Income Tax," to the Crown.

 

            The United States is Still a British Colony, Part 2

                             BEND OVER AMERICA

03/30/97

 

     Mark Twain: "You see, my kind of loyalty was loyalty to

one's country, not to institutions or its officeholders.  The

country is the real thing; it is the thing to watch over and care

for and be loyal to; institutions extraneous, they are its mere

clothing, and clothing can wear out, become ragged, cease to be

comfortable, cease to protect the body from winter, disease, and

 

death.  To be loyal to rags, to shout for rags, to worship rags,

to die for rags--that is a loyalty of unreason; it is pure

animal; it belongs to monarchy; was invented by monarchy; let

monarchy keep it.  I was from Connecticut, whose constitution

declared "That all political power is inherent in the people, and

all free governments are founded on their authority and

instituted for their benefit, and that they have at all times an

undeniable and indefensible right to alter their form of

government in such a manner as they think expedient."  Under that

gospel, the citizen who thinks that the Commonwealth's political

clothes are worn out and yet holds his peace and does not agitate

for a new suit, is disloyal; he is a traitor.  That he may be the

only one who thinks he sees this decay does not excuse him; it is

his duty to agitate, anyway, and it is the duty of others to vote

him down if they do not see the matter as he does."

Congressional Record, April 9, 1934

 

     Mark Twain has stated very well what needs to be the

motivation of all patriots, but any new government with leaders

that do not allow God Almighty's Word and Law to reign Supreme

will return to the ashes in which it was begun.

 

                          GUIDE TO THE FOOTNOTES

 

Footnote #1 - Chronology of North Carolina Governors and Original

Virginia Colony, page 15

Footnote #2 - Virginia Charter, 1609, page 18

Footnote #3 - Virginia Charter, 1621, page 27

Footnote #4 - Charter creating the Council of State, 1621, page

29

Footnote #5 - Carolina Charter, 1663, page 31

Footnote #6 - Carolina Charter granting Proprietorship to eight

lords, 1669, page 42

Footnote #7 - Florida Charter, 1763, page 65

Footnote #8 - Hudson Bay Charter, 1670, page 69

Footnote #9 - North Carolina Constitution, 1776, page 80

Footnote #10 - North Carolina Constitution, 1789, and latter

amendments, page 88

Footnote #11 - Congressional Record, page 127

 

                                  PART II

 

 

 

     It's not an easy thing having to tell someone they have been

conned into believing they are free.  For some, to accept this is

comparable to denying God Almighty.

     You have to be made to understand that the United States is

a corporation, which is a continuation of the corporate Charters

created by the king of England.  And that the states upon

ratifying their individual State constitutions, became sub

corporations under and subordinate to the United States.  The

counties and municipalities became sub corporations under the

State Charters.  It is my duty to report further evidence

concerning the claims I made in "The United States is Still a

 

British Colony, part 1."

     I have always used a copy of the North Carolina Constitution

provided by the State, I should have known better to take this as

the finial authority.  To my knowledge the following quote has

not been in the Constitution the State hands out or those in use

in the schools.  The 1776 North Carolina Constitution created a

new corporate Charter, and declared our individual freedoms.

However,  the same corporate Charter, reserved the king's title

to the land, which restored, and did not diminish, his grants

that were made in his early Charters.    If you remember, I made

the claim that legally we are still subject to the king.  In the

below quote you will see that the king declares our  taxation

will be forever, and that a fourth of all gold and silver will be

returned to him.

 

"YIELDlNG AND PAYING yearly, to us, our heirs and Successors, for

the same, the yearly Rent of Twenty Marks of Lawful money of

England, at the Feast of All Saints, yearly, forever, The First

payment thereof to begin and be made on the Feast of All Saints

which shall be in the year of Our Lord One thousand six hundred

Sixty and five; AND also, the fourth part of all Gold and Silver

Ore which, with the limits aforesaid, shall, from time to time,

happen to be found."

(Feast of All Saints occurred November 1 of each year.)  The

Carolina Charter, 1663 footnote #5

 

     I know Patriots will have a hard time with this, because as

I said earlier, they would have to deny what they have been

taught from an early age.  You have to continue to go back in

historical documents and see if what you have been taught is

correct.  The following quote is from section 25 of the 1776

North Carolina Constitution, Declaration of Rights.

 

And provided further, that nothing herein contained shall affect

the titles or possessions of individuals holding or claiming

under the laws heretofore in force, or grants heretofore made by

the late King George II, or his predecessors, or the late lords

proprietors, or any of them.

Declaration of Rights 1776, North Carolina Constitution, Footnote

#8

 

     Can it be any plainer?  Nobody reads, they take what is told

to them by their schools and government as gospel, and never look

any further.  They are quick to attack anyone that does because

it threatens their way of life, rocks the boat in other words.

Read the following quote from a court case:

 

     "* * * definition given by Blackstone, vol. 2, p. 244. I

shall therefore only cite that respectable authority in his own

words: "Escheat, we may remember, was one of the fruits and

consequences of feudal tenure; the word itself is originally

French or Norman, in which language it signifies chance or

accident, and with us denotes an obstruction of the course of

descent, and a consequent determination of the tenure by some

unforeseen contingency, in which case the estate naturally

results back, by a kind of reversion, to the original grantor, or

lord of the fee."

     Every person knows in what manner the citizens acquired the

property of the soil within the limits of this State. Being

dissatisfied with the measures of the British Government, they

 

revolted from it, assumed the government into their own hands,

seized and took possession of all the estates of the King of

Great Britain and his subjects, appropriated them to their own

use, and defended their possessions against the claims of Great

Britain, during a long and bloody war,  and finally obtained a

relinquishment of those claims by the treaty of Paris. But this

State had no title to the territory prior to the title of the

King of Great Britain and his subjects, nor did it ever claim as

lord paramount to them. This State was not the original grantor

to them, nor did they ever hold by any kind of tenure under the

State, or owe it any allegiance or other duties to which an

escheat is annexed. How then can it be said that the lands in

this case naturally result back by a kind of reversion to this

State, to a source from whence it never issued, and from tenants

who never held under it? Might it not be stated with equal

propriety that this country escheated to the King of Great

Britain from the Aborigines, when he drove them off, and took and

maintained possession of their country?    At the time of the

revolution, and before the Declaration of Independence, the

collective body of the people had neither right to nor possession

of the territory of this State; it is true some individuals had a

right to, and were in possession of certain portions of it, which

they held under grants from the King of Great Britain; but they

did not hold, nor did any of his subjects hold, under the

collective body of the people, who had no power to grant any part

of it. After the Declaration of Independence and the

establishment of the Constitution, the people may be said first

to have taken possession of this country, at least so much of it

as was not previously appropriated to individuals. Then their

sovereignty commenced, and with it a right to all the property

not previously vested in individual citizens, with all the other

rights of sovereignty, and among those the right of escheats.

This sovereignty did not accrue to them by escheat, but by

conquest, from the King of Great Britain and his subjects; but

they acquired nothing by that means from the citizens of the

State Ä each individual had, under this view of the case, a right

to retain his private property, independent of the reservation in

the declaration of rights; but if there could be any doubt on

that head, it is clearly explained and obviated by the proviso in

that instrument. Therefore, whether the State took by right of

conquest or escheat, all the interest which the U. K. had

previous to the Declaration of Independence still remained with

them, on every principle of law and equity, because they are

purchasers for a valuable consideration, and being in possession

as cestui que trust under the statute for transferring uses into

possession; and citizens of this State, at the time of the

Declaration of Independence, and at the time of making the

declaration of rights, their interest is secured to them beyond

the reach of any Act of Assembly; neither can it be affected by

any principle arising from the doctrine of escheats, supposing,

 

what I do not admit, that the State took by escheat."

MARSHALL v. LOVELESS, 1 N.C. 412 (1801), 2 S.A. 70

 

     There was no way we could have had a perfected title to this

land.  Once we had won the Revolutionary War we would had to have

had an unconditional surrender by the king, this did not take

place.  Not what took place at Yorktown, when we let the king off

the hook.  Barring this, the king would have to had sold us this

land, for us to have a perfected title, just as the Indians sold

their land to the king, or the eight Carolina Proprietors sold

Carolina back to the king.  The treaty of 1783 did not remove his

claim and original title, because he kept the minerals.  This was

no different than when king Charles II gave Carolina by Charter

to the lords that helped put him back in power; compare them and

you will see the end result is the same.  The Charter to the

lords is footnote #6, where eight proprietors were given title to

the land, but the king retained the money and sovereignty for his

heirs.  The king could not just give up America to the

colonialist, nor would he.  He would violate his own law of

Mortmain to put these lands in dead hands, no longer to be able

to be used by himself, or his heirs and successors.  He would

also be guilty of harming his heirs and successors, by giving

away that which he declared in the following quotes, and there

are similar quotes in the other Charters:

 

"SAVING always, the Faith, Allegiance, and Sovereign Dominion

due to us, our heirs and Successors, for the same; and Saving

also, the right, title, and interest of all and every our

Subjects of the English Nation which are now Planted within the

Limits bounds aforesaid, if any be;..." The Carolina Charter,

1663 footnote #5

 

"KNOW YE, that We, of our further grace, certain knowledge, and

mere motion, HAVE thought fit to Erect the same Tract of Ground,

Country, and Island into a Province, and, out of the fullness of

our Royal power and Prerogative, WE Do, for us, our heirs and

Successors, Erect, Incorporate, and Ordain the same into a

province, and do call it the Province of CAROLINA, and so from

henceforth will have it called..." The Carolina Charter, 1663

footnote #5

 

     The U.S. Constitution is a treaty between the states

creating a corporation for the king.  In the below quote pay

attention to the large "S" State and the small "s" state.  The

large "S" State is referring to the corporate State and it's

sovereignty over the small "s" state, because of the treaty.

 

Read the following quote:

 

     "Headnote 5. Besides, the treaty of 1783 was declared by an

Act of Assembly of this State passed  in 1787, to be law in this

State, and this State by adopting the Constitution of the United

States in 1789, declared the treaty to be the supreme law of the

land.  The treaty now under consideration was made, on the part

of the United States, by a Congress composed of deputies from

each state, to whom were delegated by the articles of

confederation, expressly, "the sole and exclusive right and power

of entering into treaties and alliances"; and being ratified and

made by them, it became a complete national act, and the act and

 

law of every state.

     If, however, a subsequent sanction of this State was at all

necessary to make the treaty law here, it has been had and

repeated. By a statute passed in 1787, the treaty was declared to

be law in this State, and the courts of law and equity were

enjoined to govern their decisions accordingly. And in 1789 was

adopted here the present Constitution of the United States, which

declared that all treaties made, or which should be made under

the authority of the United States, should be the supreme law of

the land; and that the judges in every state should be bound

thereby; anything in the Constitution or laws of any state to the

contrary not withstanding.  Surely, then, the treaty is now law

in this State, and the confiscation act, so far as the treaty

interferes with it, is annulled."

      "By an act of the Legislature of North Carolina, passed in

April, 1777, it was, among other  things, enacted, "That all

persons, being subjects of this State, and now living therein, or

who  shall hereafter come to live therein, who have traded

immediately to Great Britain or Ireland,  within ten years last

past, in their own right, or acted as factors, storekeepers, or

agents  here, or in any of the United States of America, for

merchants residing in Great Britain or  Ireland, shall take an

oath of abjuration and allegiance, or depart out of the State."

Treaties are the "Law of the Land"  HAMILTON v. EATEN, 1 N.C. 641

(1796), HAMILTON v. EATEN. Ä 2 Mart., 1. U.S. Circuit Court.

(June Term, 1796.)

 

     Your presence in the State makes you subject to its laws,

read the following quote:

 

"The states are to be considered, with respect to each other, as

independent sovereignties,  possessing powers completely adequate

to their own government, in the exercise of which they are

limited only by the nature and objects of government, by their

respective constitutions and by that of the United States. Crimes

and misdemeanors committed within the limits of each are

punishable only by the jurisdiction of that state where they

arise; for the right of punishing, being founded upon the consent

of the citizens, express or implied, cannot be directed against

those who never were citizens, and who likewise committed the

offense beyond the territorial limits of the state claiming

jurisdiction. Our Legislature may define and punish crimes

committed within the State, whether by citizen or strangers;

because the former are supposed to have consented to all laws

made by the Legislature, and the latter, whether their residence

be temporary or permanent, do impliedly agree to yield obedience

to all such laws as long as they remain in the State;" 

STATE v. KNIGHT, 1 N.C. 143 (1799), 2 S.A. 70

 

     Do you understand now?  The treaty, the corporate Charter,

the North Carolina Constitution, by proxy of the electorates,

created residence in the large "S" State.  Not by some further

act you made.  So how can expatriation from the United States,

remove your residence in the "State", which was created by

treaty, ratified by our Fore Fathers.  As soon as the corporate

Charter (treaty) was ratified we returned to subjection to the

 

king of England, through the legal residence created by the

treaty.  Remember in the quote I gave earlier, by treaty we

recanted our declared freedom, and returned to the king his

sovereignty and title.  In the following quote you will see that

the State supreme court sits by being placed by the general

assembly:

 

NC Supreme Court History Supreme Court of North Carolina A Brief

History:

     "The legal and historical origins of the Supreme Court of

North Carolina lie in the State Constitution of 1776, which

empowered the General Assembly to appoint; Judges of the Supreme

Courts of Law and Equity; and; Judges of Admiralty.....The first

meeting of the Court took place on January 1, 1819.  The Court

began holding two sittings, or ; terms, ; a year, the first

beginning on the second Monday in June and the second on the last

Monday in December.  This schedule endured until the Constitution

of 1868 prescribed the first Mondays in January and July for the

sittings.  Vacancies on the Court were filled temporarily by the

Governor, with the assistance and advice of the Council of State,

until the end of the next session of the state General Assembly."

>From the internet, address can be made available.

 

 

 

                             Council of State    

 

 

What is the Council of State, and where did it originate?

 

III. "The one of which councils, to be called the council of

state (and whose office shall chiefly be assisting, with their

care, advice, and circumspection, to the said governor) shall be

chosen, nominated, placed, and displaced, from time to time, by

us the said treasurer, council

and company, and our successors: which council of state shall

consist, for the present only of these persons, as are here

inserted,..."

IV. "The other council, more generally to be called by the

governor, once yearly, and no oftener, but for very extraordinary

and important occasions, shall consist for the present, of the

said council of state, and of two burgesses out of every town,

hundred, or other particular plantation, to be respectively

chosen by the inhabitants: which council shall be called The

General Assembly, wherein (as also in the said council of state)

all matters shall be decided, determined, and ordered by the

greater part of the voices then present; reserving to the

governor always a negative voice. And this general assembly shall

have free power, to treat, consult, and conclude, as well of all

emergent occasions concerning the public weal of the said colony

and every part thereof, as also to make, ordain, and enact such

general laws and orders, for the behoof of the said colony, and

the good government thereof, as shall, from time to time, appear

necessary or requisite;..." An Ordinance and Constitution of the

Virginia Company in England. Footnote #4

 

     The job of the 1st Council of State was to make sure the

governor followed the kings wishes.  The 2nd was the general

assembly, the laws they passed had to conform to the king's law.

Read the following quote:

 

V. Whereas in all other things, we require the said general

assembly, as also the said council of state, to imitate and

 

follow the policy of the form of government, laws, customs, and

manner of trial, and other administration of justice, used in the

realm of England, as near as may be even as ourselves, by his

majesty's letters patent, are required.

VI. Provided, that no law or ordinance, made in the said general

assembly, shall be or continue in force or validity, unless the

same shall be solemnly ratified and confirmed, in a general

quarter court of the said company here in England, and so

ratified, be returned to them under our seal; it being our intent

to afford the like measure also unto the said colony, that after

the government of the said colony shall once have been well

framed, and settled accordingly, which is to be done by us, as by

authority derived from his majesty, and the same shall have been

so by us declared, no orders of court afterwards, shall bind the

said colony, unless they be ratified in like manner in the

general assemblies. In witness whereof we have hereunto set our

common seal the 24th of July, 1621. . . .An Ordinance and

Constitution of the Virginia Company in England. footnote #4

 

     The Council of State still exists to day, although it has

been modified several times.  The first major change came in the

1776,  North Carolina Constitution, read the below quotes:

 

16. "That the senate and house of commons, jointly, at their

first meeting, after each annual election, shall, by ballot,

elect seven persons to be a council of state for one year;  who

shall advise the governor in the execution of his office; and

that four members shall be a quorum; their advice and proceedings

shall be entered in a journal, to be kept for that purpose only,

and signed by the members present; to any part of which any

member present may enter his dissent. And such journal shall be

laid before the general assembly when called for by them."

footnote #9

 

19. "The governor, for the time being, shall have power to draw

for and apply such sums of money as shall be voted by the general

assembly, for the contingencies of government, and be accountable

to them for the same. He also may, by and with the advice of the

council of state, lay embargoes, or prohibit the exportation of

any commodity, for any term not exceeding thirty days, at any one

time in the recess of the general assembly;  and shall have the

power of granting pardons and reprieves, except where the

prosecution shall be carried on by the general assembly,

or the law shall otherwise direct; in which case, he may, in the

recess, grant a reprieve until the next sitting of the general

assembly; and he may exercise all the other executive powers of

government, limited and restrained, as by this constitution is

mentioned, and according to the laws of the State. And, on his

death, inability, or absence from the State, the speaker of the

senate, for the time being, and in case of his death, inability,

or absence from the State, the speaker of the house of commons,

shall exercise the powers of government, after such death, or

during such absence or inability of the governor, or speaker of

the senate, or until a new nomination is made by the general

 

assembly." footnote #9

20. "That, in every case, where any officer, the right of whose

appointment is, by this constitution, vested in the general

assembly, shall, during their recess, die, or his office by other

means become vacant, the governor shall have power, with the

advice of the council of State, to fill up such vacancy, by

granting a temporary commission, which shall expire at the end of

the next session of the general assembly."  footnote #9

 

Also take notice who was not allowed to serve as Council of

State:

 

26. "That no treasurer shall have a seat, either in the senate,

house of commons, or council of state, during his continuance in

that office, or before he shall have finally settled his accounts

with the public, for all the moneys which may be in his hands ,

at the expiration of his office, belonging to the State, and hath

paid the same into the hands of the succeeding treasurer."

 

27. "That no officer in the regular army or navy, in the service

and pay of the United States, of this State or any other State,

nor any contractor or agent for supplying such army or navy with

clothing or provisions, shall have a seat either in the senate ,

house of commons, or council of state, or be eligible thereto;

and any member of the senate, house of commons, or council of

state, being appointed to ,and accepting of such office, shall

thereby vacate his seat."

 

28. "That no member of the council of state shall have a seat,

either in the senate or house of commons."

 

30. "That no secretary of this State, attorney-general, or clerk

of any court of record, shall have a seat in the senate, house of

commons, or council of state." footnote #9

 

     The king continued to rule through the Council of State

until several things were in place, his bank, his laws and

tradition.  The king succeeded by the acceptance of the American

people that they were free, along with the whole of our history

not being taught in our schools.  The next change to the Council

of State came at the conquest of this country, I referred to this

in part 1, and in A Country Defeated In Victory.

 

     Read this quote from the 1868 North Carolina constitution,

Article 3, sec 14:

 

SEC. 14. "The Secretary of State, Auditor, Treasurer,

Superintendent of Public Works, and Superintendent of Public

Instruction, shall constitute ex officio, the Council of State,

who shall advise the Governor in the execution of his office, and

three of whom shall constitute a quorum; their advice and

proceedings in this capacity shall be entered in a Journal, to be

kept for this purpose exclusively, and signed by the members

present, from any part of which any member may enter his dissent;

and such journal shall be placed before the General Assembly when

called for by either House.  The Attorney General shall be, ex

offici, the legal adviser of the Executive Department." footnote

#10

 

     After the Civil War, the conquest of America, you see those

that were allowed to be Council of State, were elected officials.

Under the 1776 North Carolina Constitution, it was unlawful for

these elected officials to be Council of State.  Why?  Because,

 

the king could not trust the common man to obey him, now that

they thought they were free.  After the Civil War the Council of

State was no longer needed to fulfill the public policy of the

king, the Council of State still exists today, but in a reduced

capasity as far as the king goes.  Now he had the 14th Amendment,

his lawyers in the government, his bankers in control of the

governments money, and above all greed that causes most in office

to continue the status quo.

 

 

 

                 The Federal Reserve, Taxes and Tax Court

 

What I will show you next will shock you.  I made brief mention

in part 1, that taxes paid in this country were under treaty to

the king of England.  How about if I told you that the law that

created our taxes and this countries tax court go back in history

to William the Conqueror.  And to further help you understand the

below definitions, exchequer is the British branch of the Federal

Reserve.

 

Exchequer: "The English department of revenue.  A very ancient

court of record, set up by William the Conqueror, as a part of

the aula regia, and intended principally to order the revenues of

the crown, and to recover the king's debts and duties.  It was

called exchequer, "scaccharium," from the checked cloth,

resembling a chessboard, which covers the table."  Ballentine's

Law Dictionary

 

Exchequer: "That department of the English government which has

charge of the collection of the national revenue; the treasury

department."  Black's Law Dictionary 4th ed.

 

Exchequer: "In  English Law.  A department of the government

which has  the management of the collection of the king's

revenue."  Bouvier's Law Dictionary 1914 ed.

 

Court of Exchequer: "56.The court of exchequer is inferior in

rank not only to the court of king's bench, but to the common

pleas also: but I have chosen to consider it in this order, on

account of its double capacity, as a court of law and a court of

equity [44] also.  It is a very ancient court of record, set up

by William the Conqueror, as a part of the aula regia, through

regulated and reduced to its present order by King Edward I; and

intended principally to order the revenues of the crown, and to

recover the king's debts and duties.  It is called the exchequer,

scaccharium, from the chequed cloth, resembling a chess-board,

which covers the table there; and on which, when certain of the

king's accounts are made up, the sums are marked and scored with

counters.  It consists of two divisions; the receipt of the

exchequer, which manages to royal revenue, and with which these

Commentaries have no concern; and the court or judicial part of

it, which is again subdivided into a court of equity, and a court

of common law."

Black Stone Commentaries Book III, pg 1554

 

Court of Exchequer: "An English superior court with jurisdiction

of matter of law and matters involving government revenue."

Ballentine's Law Dictionary

 

Court of Exchequer: "A court for the correction and prevention of

errors of law in the three superior common-law courts of the

kingdom.

     A court of exchequer chamber was first erected by statute 31

Edw. III. C. 12, to determine causes upon writs of error from the

 

common-law side of the exchequer court.  It consisted of the

chancellor, treasurer, and the "justices and other sage persons

as to them seemeth."  The judges were merely assistants.  A

second court of exchequer chamber was instituted by statute 27

Eliz. C. 8, consisting of the justices of the common pleas and

the exchequer, or any six of them, which had jurisdiction in

error of cases in the king's bench.  In exchequer chamber

substituted in their place as an intermediate court of appeal

between the three common-law courts and Parliament.  It consisted

of the judges of the two courts which had not rendered the

judgement in the court below.  It is now merged in the High Court

of Justice." 

Bouvier's Law Dictionary 1914 ed.

 

     It gets worse, are you just a little ticked off, or maybe

you are starting to question what you have been taught all these

years?  It's time to wake up America!

     If you'll look at the Judiciary Act of 1789 (I know most

won't take time to read it), you'll see that all district courts

are admiralty courts.  This is the king's court of commerce, in

which he is the plaintiff, recovering damages done against him,

or what belongs to him.

The equity court of the exchequer: "57. The court of equity is

held in the exchequer chamber before the lord treasurer, the

chancellor of the exchequer, the chief baron, and three puisne'

ones.  These Mr. Selden conjectures to have been anciently made

out of such as were barons of the kingdom, or parliamentary

barons; and thence to have derived their name: which conjecture

receives great strength form Bracton's explanation of magna

carta, c.14, which directs that the earls and barons be amerced

by their peers; that is, says he, by the barons of the exchequer.

The primary and original business  of this court is to call the

king's debtors to account, by bill filed by the attorney general;

and to recover any lands, tenements, or hereitaments, any goods,

chattels, or other profits or benefits, belonging to the crown.

So that by their original constitution the jurisdiction of the

courts of common pleas, king's bench, and exchequer, was entirely

separate and distinct; the common pleas being intended to decide

all controversies between subject and subject; the king's bench

to correct all crimes and misdemeanors that amount to a breach of

the peace, the king being then the plaintiff, as such offenses

are in open derogation of the jura regalia (regal rights) of his

crown; and the exchequer to adjust [45] and recover his revenue,

wherein the king also is plaintiff, as the withholding and

nonpayment thereof is an injury to his jura fiscalia (fisical

rights).  But, as by a fiction almost all sorts of civil actions

are now allowed to be brought in the king's bench, in like manner

by another fiction all kinds of personal suits may be prosecuted

in the court of exchequer.  For as all the officers and ministers

of this court have, like those of other superior courts, the

privilege of suing and being sued only in their own court; so

exchequer, are privileged to sue and implead all manner of

persons in the same court of equity that they themselves are

 

called into.  They have likewise privilege to sue and implead one

another, or any stranger, in the same kind of common-law actions

(where the personalty only is concerned) as are prosecuted in the

court of common pleas."

Black Stone Commentaries Book III, pg 1554

 

The common-law court of the exchequer: "58. This gives original

to the common-law part of their jurisdiction, which was

established merely for the benefit of the king's accountants, and

is exercised by the barons only of the exchequer, and not the

treasurer or chancellor.  The writ upon which the plaintiff

suggests that he is the king's farmer or debtor, and that the

defendant hath done him the injury or damage complained of; quo

minus sufficient exist, by which he is the less able, to pay the

king his debt or rent.  And these suits are expressly directed,

by what is called the statute of Rutland, to be confined to such

matters only as specially concern the king or his ministers of

the exchequer.  And by the articuli super cartas it is enacted

that no common pleas be thenceforth holden in the exchequer,

contrary to the form of the great charter.  But not, by the

suggestion of privilege, any person may be admitted to sue in the

exchequer as well as the king's accountant.  The surmise of being

debtor to the king  is therefore become matter of form and mere

words of course, and the court is open to all the nation equally.

The same holds with regard to the equity side of the court: for

there any person may file [46] a bill against another upon a bare

suggestion that he is the king's accountant; but whether he is so

or not is never controverted.  In this court, on the nonpayment

of titles; in which case the surmise of being the king's debtor

is no fiction, they being bound to pay him their first-fruits,

and annual tenths.  But the chancery has of late years obtained a

large share in this business."

Black Stone Commentaries Book III, pg 1555

 

Definition of a legal fiction: For a discussion of fictions in

law, see chapter II of Maine's Ancient Law, and Pollock's note D

in his edition of the Ancient Law.  Blackstone gives

illustrations of legal fictions on pages 43, 45, 153, 203 of this

book.  Mr Justice Curtis (Jurisdiction of United States Courts,

2d ed., 148) gives the following instance of a fiction in our

practice:

     "A suit by or against a corporation in its corporate name

may be presumed to be a suit by or against citizens of the state

which created the corporate body, and no averment or denial to

the contrary is admissible for the purpose of withdrawing the

suit from the jurisdiction of a court of the United States.

     There is the Roman fiction: The court first decides the law,

presumes all the members are citizens of the state which created

the corporation, and then says, `you shall not traverse that

presumption'; and that is the law now.  (Authors note-by your

residence you are incorporated) Under it, the courts of the

United States constantly entertain suits by or against

corporations. (Muller v. Dows, 94 U. S. 444, 24 L. Ed. 207.)  It

has been so frequently settled, that there is not the slightest

reason to suppose  that it will ever be departed from by the

 

court.  It has been repeated over and over again in subsequent

decisions; and the supreme court seem entirely satisfied that it

is the right ground to stand upon; and, as I am now going to

state to you, they have applied it in some cases which go beyond,

much beyond, these decisions to which I have referred.  So that

when a suit is to be brought in a court of the United States by

or against a corporation, by reason of the character of the

parties, you have only to say that this corporation (after naming

it correctly) was created by a law of the state; and that is

exactly the same in its consequences as if you could allege, and

did allege, that the corporation was a citizen of that state.

According to the present decisions, it is not necessary you

should say that the members of that corporation are citizens of

Massachusetts.  They have passed beyond that.  You have only to

say that the corporation was created by a law of the state of

Massachusetts, and has its principal place of business in that

state; and that makes it, for the purposes of jurisdiction, the

same as if it were a citizen of that state"  See Pound, Readings

in Roman Law, 95n.

Black Stone Commentaries Book III, pg 1553

 

     Combine this with what I said earlier concerning power of

the treaty and it's creation of the corporate State, and you now

know why you are not allowed to challenge residence or subjection

in the State Courts.  And because of the treaty, residence in the

State is synonymous with residence in the district.  I know this

puts a sour taste in your mouth, because it does mine, but that

is the condition we find ourselves in.  The only way I see to

change it, is to change the treaty and reinforce the original

Declaration of Independence, but this would meet severe objection

on the part of the international Bankers, and or course the

king's heirs in England.  And most Americans, even if they were

aware of this information, would have no stomach for the turmoil

this would cause.

 

     Still a little fuzzy on what has taken place, the word

Exchequer is still used today?  In Britain the Exchequer is the

Federal Reserve, the same as our Federal Reserve.  They just

changed the name here as they have done many things to cloud what

is taking place, hoping no one would catch on.  Who wrote the

Federal Reserve Act, and put it in place in this country?

Bankers from the Bank of England with their counter part in New

York!

 

Congressman McFadden: "I hope that is the case, but I may say to

the gentleman that during the sessions of this Economic

Conference in London there is another meeting taking place in

London.

We were advised by reports from London last Sunday of the arrival

of George L. Harrison, Governor of the Federal Reserve Bank of

New York, and we were advised that accompanying him was Mr.

Crane, the Deputy Governor, and James P. Warburg, of the Kuhn-

Loeb banking family, of New York and Hamburg, Germany, and also

Mr. O. M. W. Sprague, recently in the pay of Great Britain as

chief economic and financial adviser of Mr. Norman, Governor of

the Bank Of England, and now supposed to represent our Treasury.

These men landed in England and rushed to the Bank of England for

 

a private conference, taking their luggage with them, before even

going to their hotel.  We know this conference has been taking

place for the past 3 days behind closed doors in the Bank of

England with these gentlemen meeting with heads of the Bank of

England and the Bank for International Settlements, of Basel,

Switzerland, and the head of the Bank France, Mr. Maret.  They

are discussing war debts; they are discussing stabilization of

exchanges and the Federal Reserve System, I may say to the

Members of the House.

     The Federal reserve System, headed by George L. Harrison, is

our premier, who is dealing with debts behind the closed doors of

the Bank of England; and the United States Treasury is there,

represented by O. M. W. Sprague, who until the last 10 days was

the representative of the Bank of England, and by Mr. James P.

Warburg, who is the son of the principal author of the Federal

Reserve Act.  Many things are being settled behind the closed

doors of the Bank of England by this group.  No doubt this group

were pleased to hear that yesterday the Congress passed

amendments to the Federal Reserve Act and that the President

signed the bill which turns over to the Federal Reserve System

the complete total financial resources of money and credit in the

United States.  Apparently the domination and control of the

international banking group is being

strengthened....Congressional Record, June 14, 1934

 

     What else does the Exchequer do?  The government (Congress)

puts up bonds (bills of credit) on the international market, that

the Federal Reserve (Exchequer) prints fiat money, for which the

government (Congress) is the guarantor for, read the following

quote:

 

Exchequer Bills: Bills of credit issued by authority of

parliament.

     They constitute the medium of transaction of business

between the bank of England and the government.  The exchequer

bills contain a guarantee from government which secures the

holders against loss by fluctuation.  Bouvier's Law Dictionary

1914 ed.

 

     Also re-read "A Country Defeated In Victory".   Who do you

think the national debt is owed to?  If that's not bad enough the

bond indebtedness allowed the king to foreclose on his colony

when it was time for the one World government, the king/bankers

caused us to reorganize under bankruptcy.  The Bank of England

allowed the United States to use you and I (our labor) for

collateral and all the property in America, read the following

quote:

 

Congressman Lemke: "....This nation is bankrupt; every State in

this Union is bankrupt; the people of the United States, as a

whole, are bankrupt.  The public and private debts of this

Nation, which are evidenced by bonds, mortgages, notes, or other

written instruments about to about $250,000,000,000, and it is

estimated that there is about $50,000,000,000 of which there is

no record, making in all about $300,000,000,000 of public and

private debts.  The total physical cash value of all the property

in the United States is now estimated at about $70,000,000,000.

That is more than it would bring if sold at public auction.  In

this we do not include debts or the evidence of debts, such as

 

bonds, mortgages, and so fourth.  These are not physical

property.  They will have to be paid out of the physical

property.  How are we going to pay $300,000,000,000 with only

$70,000,000,000?" Congressional Record, March 3, 1934, footnote

#10

 

     This debt was more than could be paid as of 1934, this

caused the declared bankruptcy by President Roosevelt.  Now the

national debt is over 12,000,000,000,000.  The government only

tells you about 5,000,000,000,000, they don't tell you about the

corporate debt, which America is also guarantor for.  Add to that

the personal debt; you know credit cards and home loans, and it

approaches 20,000,000,000,000, that's trillion for those of you

that miss read the number of zero's. Mix this with a super

inflated stock market and a huge trade deficit, and that is what

brings you to understand my subtitle for this paper.  BEND OVER

AMERICA.  What could possibly be the purpose of the international

bankers allowing our nation to over extend so badly and not cut

us off?  When back in 1934 they could have legally seized the

whole country.  We are being used for the purpose of the

international bankers which is loaning money to third world

countries, to enslave them as we are, to colonize the world for

Britain, and to use our military machine to control unruly

countries and to collect the king's debt.  There will soon be a

United Nations personal income tax for the whole world.  The end

purpose of the international bankers, is a one world government,

with England as the center of government and the international

bankers calling the shots.

 

     Don't despair all these things have to come to pass.  I used

to think; what if?  Jesus Word says, these things have to take

place for the world government to come to pass. 

 

     I am going to share a dream I had, July 1992, at the risk of

being ridiculed.  I told my friend who is mentioned in the dream,

the next day.  At that time neither of us understood the dream,

about a month later I started to understand when I began learning

about admiralty law and where our admiralty law came from.  As

time has passed I have come to understand the dream, because of

further information coming to light, such as the information

contained in part 1, and part 2, which you are now reading.  I

new when I woke up that the dream was not the normal nonsense you

can sometimes experience in a dream.  And I might add I dream

very seldom, after having this dream I was given the desire to

write down and pass along the information that has been brought

my way, via. the Holy Spirit.  The information has defined the

dream not the other way around.

 

 

                                 MY DREAM

 

 

July 1992                A record of a dream I had.  I was what

appeared to be hovering above the below scene, and it appeared to

be three dimensional, like the scene had texture. It was also in

color, with the smell of war in the air.  I awoke at 5:00 am, and

was wide awake and immediately wrote down what took place in my

dream.

 

 

     A friend and I were among thousands of Christians that were

massed together awaiting execution.  I saw untold thousands of

 

Christians executed before us.  There were many troops guarding

us, these troops were British; they had on Revolutionary War

clothing and were carrying the old style muskets. 

     The people that went before us to be executed went

voluntarily.  They went out of some false sense of duty to this

envisioned government, that was British controlled.  These people

were in ranks waiting to be lead away to their death.  While

standing in the ranks my friend and I kept looking at one

another, but we were separated by what seemed to be hundreds of

people. 

     Just before they called our number they lead us away (untold

thousands) under guard to return later.  I asked some of the

people in the ranks to step aside so I could get next to my

friend.  I told him that while I was in the ranks awaiting death,

the Holy Spirit told me not to listen to their reasons for death,

but to consider His reasons (Holy Spirit's) for the sanctity of

life and that we were to do whatever it took to stay alive and

defeat the beast.  I saw myself tapping my friend on the head,

and told him this was an example of how the Holy Spirit related

to me, that He wanted our attention.

     The Holy Spirit said we were to go and do the Holy Spirit's

bidding no matter where it lead us and that we would be

protected.  We both looked at each other and decided we could not

die voluntarily as the other Christians.  We looked at each other

and said this is crazy, my friend said this is voluntary just

like being a Fourteenth Amendment citizen.  We then walked out of

the ranks right in front of the British guards, unseen and

escaped.

 

     Keep in mind you cannot control your dreams.  Does God

Almighty still communicate through dreams as he did with George

Washington?  The Bible makes it clear He does.  Whether this

dream is a product of uncontrolled imagination while asleep, or

insight from the Holy Spirit, I will only say, let history

decide.  I am satisfied of the dreams origin, because of its

fulfillment through recent knowledge, that wasn't known at that

time.   I hope you will read the rest of the documentation in the

footnotes following this commentary.

 

 

                                 FOOTNOTES  

 

 

 

Footnote #1

 

Chronology of North Carolina Governors Original Virginia Colony

Ralph Lane, 1585 - 1586

John White, 1587

 

 

Commander of the Southern Plantation

Samuel Stephens, 1662 - 1664 (later governor under Lords

Proprietors)

Lords Proprietors

William Drummond, 1664 - 1667

Samuel Stephens, 1667 - 1669 (previously Commander of the

Southern Plantation)<

Peter Carteret, 1670 - 1672

John Jenkins, 1672 - 1677 (first of two terms)

Thomas Eastchurch, 1676 - 1678 (never actually served)

Thomas Miller, 1677

John Harvey, 1679

John Jenkins, 1679 - 1681 (second term)

Philip Ludwell, 1689 - 1691

Thomas Jarvis, 1691 - 1694

John Archdale, 1694 - 1696

Thomas Harvey, 1696 - 1699

Henderson Walker, 1699 - 1704

Robert Daniel, 1704 - 1705

Thomas Cary, 1705 - 1706 (first of two terms)

William Glover, 1706 - 1708

Thomas Cary, 1708 - 1711 (second of two terms)

Edward Hyde, 1711 - 1712

Thomas Pollock, 1712 - 1714 (first of two terms)

 

Charles Eden, 1714 - 1722

Thomas Pollock, 1722 (second of two terms)

William Reed, 1722 - 1724

George Burrington, 1724 - 1725 (later royal governor)

Richard Everard, 1725 - 1731

 

 

 

Royal Governors

 

George Burrington, 1731 - 1734 (previously governor under the

Lords Proprietors)

Gabriel Johnston, 1734 - 1752

Nathaniel Rice, 1752 - 1753

Matthew Rowan, 1753 - 1754

Arthur Dobbs, 1754 - 1765

William Tryon, 1675 - 1771

James Hasell, 1771

Josiah Martin, 1771 - 1775

 

 

Governors of the State of North Carolina

 

Richard Caswell, 1776 - 1780 (first of two terms)

Abner Nash, 1780 - 1781

Thomas Burke, 1781 - 1782

Alexander Martin, 1782 - 1785 (first of two terms)

Richard Caswell, 1784 - 1787 (second of two terms)

Samuel Johnston, 1787 - 1789

Alexander Martin, 1789 - 1792 (second of two terms)

Richard Dobbs Spaight, Sr., 1792 - 1795

Samuel Ashe, 1795 - 1798

William Richardson Davie, 1798 - 1799

Benjamin Williams, 1799 - 1802 (first of two terms)

James Turner, 1802 - 1805

Nathaniel Alexander, 1805 - 1807

Benjamin Williams, 1807 - 1808 (second of two terms)

David Stone, 1808 - 1810

Benjamin Smith, 1810 - 1811

William Hawkins, 1811 - 1814

William Miller, 1814 - 1817

John Branch, 1817 - 1820

Jesse Franklin, 1820 - 1821

Gabriel Holmes, 1821 - 1824

Hutchins Gordon Burton, 1824 - 1827

James Iredell, Jr., 1827 - 1828

John Owen, 1828 - 1830

Montford Stokes, 1830 - 1832

David Lowry Swain, 1832 - 1835

Richard Dobbs Spaight, Jr., 1835 - 1836

Edward Dudley Bishop, 1836 - 1841

John Motley Morehead, 1841 - 1845

William Alexander Graham, 1845 - 1849

Charles Manly, 1849 - 1850

David Steele Reid, 1851 - 1854

Warren Winslow, 1854 - 1855

Thomas Bragg, 1855 - 1859

John Willis Ellis, 1859 - 1861

Henry Toole Clark, 1861 - 1862

Zebulon Baird Vance, 1862 - 1865 (first of two terms)

William Woods Holden, 1865 (first of two terms)

Jonathan Worth, 1865 - 1868

William Woods Holden, 1868 - 1870

Tod Robinson Caldwell, 1870 - 1874

Curtis Hooks Brogden, 1874 - 1877

Zebulon Baird Vance, 1877 - 1879 (second of two terms)

Thomas Jordan Jarvis, 1879 - 1885

James Lowry Robinson, 1883

Alfred Moore Scales, 1885 - 1889

David Gould Fowle, 1889 - 1891

Thomas Michael Holt, 1891 - 1893

Elias Carr, 1893 - 1897

Daniel Lindsay Russell, 1897 - 1901

Charles Brantley Aycock, 1901 - 1905

Robert Broadnax Glenn, 1905 - 1909

William Walton Kitchin, 1909 - 1913

Locke Craig, 1913 - 1917

Thomas Walter Bickett, 1917 - 1921

Cameron Morrison, 1921 - 1925

Angus Wilton McLean, 1925 - 1929

Oliver Max Gardner, 1929 - 1933

John Christoph Blucher Ehringhaus, 1933 - 1937

Clyde Roark Hoey, 1937 - 1941

Joseph Melville Broughton, 1941 - 1945

Robert Gregg Cherry, 1945 - 1949

William Kerr Scott, 1949 - 1953

William Bradley Umstead, 1953 - 1954

Luther Hartwell Hodges, 1954 - 1961

Terry Sanford, 1961 - 1965

Dan Killian Moore, 1965 - 1969

Robert Walker Scott, 1969 - 1973

James Eubert Holshouser, Jr., 1973 - 1977

James Baxter Hunt, Jr., 1977 - 1985 (first of two terms)

James Grubbs Martin, 1985 - 1993

James Baxter Hunt, Jr., 1993 - Present

 

 

 

Footnote #2

THE SECOND VIRGINIA CHARTER

The Second Virginia Charter May 23, 1609

 

 

        

     James, by the grace of God [King of England, Scotland,

France  and Ireland, defender of the faith, etc.] To all [to whom

these  presents shall come, greeting.]

        

     Whereas, at the humble suite and request of sondrie oure

lovinge and well disposed subjects intendinge to deduce a colonie

and to make habitacion and plantacion of sondrie of oure people

in that parte of America comonlie called Virginia, and other part

and territories in America either apperteyninge unto us or which

are not actually possessed of anie Christian prince or people

within certaine bound and regions, wee have formerly, by oure

lettres patents bearinge date the tenth of Aprill in the fourth

yeare of oure raigne of England, Fraunce, and Ireland, and the

nine and thirtieth of Scotland, graunted to Sir Thomas Gates, Sir

George Somers and others, for the more speedie accomplishment of

the said plantacion and habitacion, that they shoulde devide

themselves into twoe colloniesthe one consistinge of divers

Knights, gentlemen, merchaunts and others of our cittie of

London, called the First Collonie; and the other of sondrie

Knights, gentlemen and others of the citties of Bristoll, Exeter,

the towne of Plymouth, and other places, called the Seccond

Collonieand have yielded and graunted maine and sondrie

priviledges and liberties to each Collonie for their quiet

setlinge and good government therein, as by the said lettres

patents more at large appeareth.

        

     Nowe, forasmuch as divers and sondrie of oure lovinge

subjects, as well adventurers as planters, of the said First

Collonie (which have alreadie engaged them selves in furtheringe

the businesse of the said plantacion and doe further intende by

the assistance of Almightie God to prosecute the same to a happie

ende) have of late ben humble suiters unto us that, in respect of

their great chardeges and the adventure of manie of their lives

which they have hazarded in the said discoverie and plantacion of

the said countrie, wee woulde be pleased to graunt them a further

enlargement and explanacion of the said graunte, priviledge and

liberties, and that suche counsellors and other officers maie be

appointed amonngest them to manage and direct their affaires [as]

are willinge and readie to adventure with them; as also whose

dwellings are not so farr remote from the cittye of London but

that they maie at convenient tymes be readie at hande to give

advice and assistance upon all occacions requisite.

       

     We, greatlie affectinge the effectual prosecucion and happie

successe of the said plantacion and comendinge their good desires

theirin, for their further encouragement in accomplishinge so

excellent a worke, much pleasinge to God and profitable to oure

Kingdomes, doe, of oure speciall grace and certeine knowledge and

meere motion, for us, oure heires and successors, give, graunt

and confirme to oure trustie and welbeloved subjects,

[Subjects deleted by author, because of space]       

 

     And to such and so manie as they doe or shall hereafter

admitt to be joyned with them, in forme hereafter in theis

presentes expressed, whether they goe in their persons to be

 

planters there in the said plantacion, or whether they goe not,

but doe adventure their monyes, goods or chattels, that they

shalbe one bodie or communaltie perpetuall and shall have

perpetual succession and one common seale to serve for the saide

bodie or communaltie; and that they and their successors shalbe

knowne, called and incorporated by the name of The Tresorer and

Companie of Adventurers and Planters of the Citty of London for

the Firste Collonie in Virginia.

        

     And that they and their successors shalbe from hensforth,

forever enabled to take, acquire and purchase, by the name

aforesaid (licens for the same from us, oure heires or successors

first had and obtained) anie manner of lands, tenements and

hereditaments, goods and chattels, within oure realme of England

and dominion of  Wales; and that they and their successors shalbe

likewise enabled, by the name aforesaid, to pleade and to be

impleaded before anie of oure judges or justices, in anie oure

courts, and in anie accions or suits whatsoever.

        

     And wee doe also, of oure said speciall grace, certaine

knowledge and mere mocion, give, grannte and confirme unto the

said Treasurer and Companie, and their successors, under the

reservacions, limittacions and declaracions hereafter expressed,

all those lands, countries and territories scituat, lieinge and

beinge in that place of America called Virginia, from the pointe

of lande called Cape or Pointe Comfort all alonge the seacoste to

the northward twoe hundred miles and from the said pointe of Cape

Comfort all alonge the sea coast to the southward twoe hundred

miles; and all that space and circuit of lande lieinge from the

sea coaste of the precinct aforesaid upp unto the lande,

throughoute, from sea to sea, west and northwest; and also all

the island beinge within one hundred miles alonge the coaste of

bothe seas of the precincte aforesaid; togeather with all the

soiles, groundes, havens and portes, mynes, aswell royall mynes

of golde and silver as other mineralls, pearles and precious

stones, quarries, woods, rivers, waters, fishings, comodities,

jurisdictions, royalties, priviledges, franchisies and

preheminences within the said territorie and the precincts there

of whatsoever; and thereto or there abouts, both by sea and

lande, beinge or in anie sorte belonginge or appertayninge, and

which wee by oure lettres patents maie or cann graunte; and in as

ample manner and sorte as wee or anie oure noble progenitors have

heretofore graunted to anie companie, bodie pollitique or

corporate, or to anie adventurer or adventurers, undertaker or

undertakers, of anie discoveries, plantacions or traffique of,

in, or into anie forraine parts whatsoever; and in as large and

ample manner as if the same were herin particulerly mentioned and

expressed: to have, houlde, possesse and enjoye all and singuler

the said landes, countries and territories with all and singuler

other the premisses heretofore by theis [presents] graunted or

mencioned to be grannted, to them, the said Treasurer and

Companie, their successors and assignes, forever; to the sole and

proper use of them, the said Treasurer and Companie, their

 

successors and assignes [forever], to be holden of us, oure

heires and successors, as of oure mannour of Estgreenewich, in

free and common socage and not in capite; yeldinge and payinge,

therefore, to us, oure heires and successors, the fifte parte

onlie of all oare of gould and silver that from tvme to time, and

at all times hereafter, shalbe there gotton, had and obtained,

for all manner of service.

 

     And, nevertheles, oure will and pleasure is, and wee doe by

theis presentes chardge, commannde, warrant and auctorize, that

the said Treasurer and Companie and their successors, or the

major parte of them which shall be present and assembled for that

purpose, shall from time to time under their common seale

distribute, convey, assigne and set over such particuler porcions

of lands, tenements and hereditaments, by theise presents

formerly grannted, unto such oure lovinge subjects naturallie

borne of denizens, or others, aswell adventurers as planters, as

by the said Companie, upon a commission of survey and

distribucion executed and retourned for that purpose, shalbe

named, appointed and allowed, wherein oure will and pleasure is,

that respect be had as well of the proporcion of the adventure[r]

as to the speciall service, hazarde, exploite or meritt of anie

person so as to be recompenced, advannced or rewarded.

     

     And for as muche as the good and prosperous successe of the

said plantacion cannot but cheiflie depende, next under the

blessinge of God and the supporte of oure royall aucthoritie,

upon the provident and good direccion of the whole enterprise by

a carefull and understandinge Counsell, and that it is not

convenient that all the adventurers shalbe so often drawne to

meete and assemble as shalbe requisite for them to have metings

and conference aboute theire affaires, therefore we doe ordaine,

establishe and confirme that there shalbe perpetually one

Counsell here resident, accordinge to the tenor of oure former

lettres patents, which Counsell shall have a seale for the better

governement and administracion of the said plantacion besides the

legall seale of the Companie or Corporacion, as in oure former

lettres patents is also expressed.

    

     And further wee establishe and ordaine that

       

        Henrie, Earl of Southampton          

        William, Earl of Pembrooke           

        Henrie, Earl of Lincoln

        Thomas, Earl of Exeter               

        Roberte, Lord Viscounte Lisle             

        Lord Theophilus Howard

        James, Lord Bishopp of Bathe and Wells

        Edward, Lord Zouche   

        Thomas, Lord Laware

        William, Lord Mounteagle

        Edmunde, Lord Sheffeilde

        Grey, Lord Shanndoys [Chandois]

        John, Lord Stanhope

        George, Lord Carew

        Sir Humfrey Welde, Lord Mayor of London

        Sir Edward Cecil

        Sir William Waad [Wade]

        Sir Henrie Nevill

        Sir Thomas Smith

        Sir Oliver Cromwell

        Sir Peter Manwood

        Sir Thomas Challoner

        Sir Henrie Hovarte [Hobart]

        Sir Franncis Bacon

 

        Sir George Coppin

        Sir John Scott

        Sir Henrie Carey

        Sir Roberte Drurie [Drury]

        Sir Horatio Vere

        Sir Eward Conwaye [Conway]

        Sir Maurice Berkeley [Barkeley]

        Sir Thomas Gates

        Sir Michaele Sands [Sandys]

        Sir Roberte Mansfeild [Mansel]

        Sir John Trevor

        Sir Amyas Preston

        Sir William Godolphin

        Sir Walter Cope

        Sir Robert Killigrewe

        Sir Henrie Faushawe [Fanshaw]

        Sir Edwyn Sandes [Sandys]

        Sir John Watts

        Sir Henrie Montague

        Sir William Romney

        Sir Thomas Roe

        Sir Baptiste Hicks

        Sir Richard Williamson

        Sir Stephen Powle [Poole]

        Sir Dudley Diggs

        Christopher Brooke, [Esq.]

        John Eldred, and

        John Wolstenholme

       

shalbe oure Counsell for the said Companie of Adventurers and

Planters in Virginia.

        

     And the said Sir Thomas Smith wee ordaine to be Treasurer of

the said Companie, which Treasurer shall have aucthoritie to give

order for the warninge of the Counsell and sommoninge the

Companie to their courts and meetings.

        

     And the said Counsell and Treasurer or anie of them shalbe

from  henceforth nominated, chosen, contynued, displaced,

chaunged, altered and supplied, as death or other severall

occasions shall require, out of the Companie of the said

adventurers by the voice of the greater parte of the said

Counsell and adventurers in their assemblie for that purpose;

provided alwaies that everie Councellor so newlie elected shalbe

presented to the Lord Channcellor of England, or to the Lord

Highe Treasurer of England, or the Lord Chambleyne of the

housholde of us, oure heires and successors, for the tyme beinge

to take his oathe of a Counsellor to us, oure heires and

Successors, for the said Companie and Collonie in Virginia.

        

     And wee doe by theis presents, of oure especiall grace,

certaine knowledge and meere motion, for us, oure heires and

successors, grannte unto the said Treasurer and Companie and

their successors, that if it happen at anie time or times the

Treasurer for the tyme beinge to be sick, or to have anie such

cause of absente from the cittie of London as shalbe allowed by

the said Counsell or the greater parte of them assembled, so as

he cannot attende the affaires of that Companie, in everie such

case it shall and maie be lawfull for such Treasurer for the tyme

beinge to assigne, constitute and appointe one of the Counsell

for Companie to be likewise allowed by the Counsell or the

greater parte of them assembled to be the deputie Treasurer for

the said Companie; which Deputie shall have power to doe and

execute all things which belonge to the said Treasurer duringe

such tyme as such Treasurer shalbe sick or otherwise absent, upon

cause allowed of by the said Counsell or the major parte of them

as aforesaid, so fullie and wholie and in as large and ample

manner and forme and to all intents and purposes as the said

Treasurer if he were present himselfe maie or might doe and

execute the same.

 

        

     And further of oure especiall grace, certaine knowledge and

meere mocion, for us, oure heires and successors, wee doe by

theis presents give and grannt full power and aucthoritie to oure

said Counsell here resident aswell at this present tyme as

hereafter, from time to time, to nominate, make, constitute,

ordaine and confirme by such name or names, stile or stiles as to

them shall seeme good, and likewise to revoke, dischardge,

channge and alter aswell all and singuler governors, oficers and

ministers which alreadie hath ben made, as also which hereafter

shalbe by them thought fitt and meedefull to be made or used for

the government of the said Colonie and plantacion.

        

     And also to make, ordaine and establishe all manner of

orders, lawes, directions, instructions, formes and ceremonies of

government and magistracie, fitt and necessarie, for and

concerninge the government of the said Colonie and plantacion;

and the same att all tymes hereafter to abrogate, revoke or

chaunge, not onely within the precincts of the said Colonie but

also upon the seas in goeing and cominge to and from the said

Collonie, as they in their good discrecions shall thinke to be

fittest for [the] good of the adventurers and inhabiters there.

        

     And we doe also declare that for divers reasons and

consideracions us thereunto especiallie moving, oure will and

pleasure is and wee doe hereby ordaine that imediatlie from and

after such time as anie such governour or principall officer so

to be nominated and appointed by oure said Counsell for the

governement of the said Colonie, as aforesaid, shall arive in

Virginia and give notice unto the Collonie there resident of oure

pleasure in this behalfe, the government, power and aucthority of

the President and Counsell, heretofore by oure former lettres

patents there established, and all lawes and constitucions by

them formerlie made, shall utterly cease and be determined; and

all officers, governours and ministers formerly constituted or

appointed shalbe dischardged, anie thinge in oure said former

lettres patents conserninge the said plantacion contayned in

aniewise to the contrarie notwithstandinge; streightlie

chardginge and commaundinge the President and Counsell nowe

resident in the said Collonie upon their alleadgiance after

knowledge given unto them of oure will and pleasure by theis

presentes signified and declared, that they forth with be

obedient to such governor or governers as by oure said Counsell

here resident shalbe named and appointed as aforesaid; and to all

direccions, orders and commandements which they shall receive

from them, aswell in the present resigninge and giveinge upp of

their aucthoritie, offices, chardg and places, as in all other

attendannce as shalbe by them from time to time required.

        

     And wee doe further by theis presentes ordaine and

establishe that the said Treasurer and Counsell here resident,

and their successors or anie fower of them assembled (the

Treasurer beinge one), shall from time to time have full power

and aucthoritie to admitt and receive anie other person into

their companie, corporacion and freedome; and further, in a

 

generall assemblie of the adventurers, with the consent of the

greater parte upon good cause, to disfranchise and putt oute anie

person or persons oute of the said fredome and Companie.

        

     And wee doe also grannt and confirme for us, oure heires and

successors that it shalbe lawfull for the said Treasurer and

Companie and their successors, by direccion of the Governors

there, to digg and to serche for all manner of mynes of goulde,

silver, copper, iron, leade, tinne and other mineralls aswell

within the precincts aforesaid as within anie parte of the maine

lande not formerly graunted to anie other; and to have and enjoye

the gould, silver, copper, iron, leade, and tinn, and all other

mineralls to be gotten thereby, to the use and behoofe of the

said Companie of Planters and Adventurers, yeldinge therefore and

payinge yerelie unto us, oure heires and successors, as

aforesaid.

       

     And wee doe further of oure speciall grace, certaine

knowledge and meere motion, for us, oure heires and successors,

grannt, by theis presents to and withe the said Treasurer and

Companie and their successors, that it shalbe lawfull and free

for them and their assignes at all and everie time and times here

after, oute of oure realme of England and oute of all other [our]

dominions, to take and leade into the said voyage, and for and

towards the said plantacion, and to travell thitherwards and to

abide and inhabite therein the said Colonie and plantacion, all

such and so manie of oure lovinge subjects, or anie other

straungers that wilbecomme oure lovinge subjects and live under

oure allegiance, as shall willinglie accompanie them in the said

voyadge and plantation with sufficient shippinge armour, weapons,

ordinannce, municion, powder, shott, victualls, and such

merchaundize or wares as are esteemed by the wilde people in

those parts, clothinge, implements, furnitures, catle, horses and

mares, and all other thinges necessarie for the said plantation

and for their use and defence and trade with the people there,

and in passinge and retourninge to and from without yeldinge or

payinge subsedie, custome, imposicion, or anie other taxe or

duties to us, oure heires or successors, for the space of seaven

yeares from the date of theis presents; provided, that none of

the said persons be such as shalbe hereafter by speciall name

restrained by us, oure heires or successors.

        

     And for their further encouragement, of oure speciall grace

and favour, wee doe by theis present for us, oure heires and

successors, yeild and graunte to and with the said Treasurer and

Companie and their successors and everie of them, their factors

and assignes, that they and every of them shalbe free and quiett

of all subsedies and customes in Virginia for the space of one

and twentie yeres, and from all taxes and imposicions for ever,

upon anie goods or merchaundizes at anie time or times hereafter,

either upon importation thither or exportation from thence into

oure realme of England or into anie other of oure [realms or]

dominions, by the said Treasurer and Companie and their

successors, their deputies, factors [or] assignes or anie of

 

them, except onlie the five pound per centum due for custome upon

all such good and merchanndizes as shalbe brought or imported

into oure realme of England or anie other of theis oure dominions

accordinge to the auncient trade of merchannts, which five

poundes per centum onely beinge paid, it shalbe thensforth

lawfull and free for the said Adventurers the same goods [and]

merchaundizes to export and carrie oute of oure said dominions

into forraine partes without anie custome, taxe or other duty to

be paide to us oure heires or successors or to anie other oure

officers or deputies; provided, that the saide goods and

merchaundizes be shipped out within thirteene monethes after

their first landinge within anie parte of those dominions.

        

     And wee doe also confirme and grannt to the said Treasurer

and Companie, and their successors, as also to all and everie

such governer or other officers and ministers as by oure said

Counsell shalbe appointed, to have power and aucthoritie of

governement and commannd in or over the said Colonie or

plantacion; that they and everie of them shall and lawfullie maie

from tyme to tyme and at all tymes forever hereafter, for their

severall defence and safetie, enconnter, expulse, repell and

resist by force and armes, aswell by sea as by land, and all

waies and meanes whatsoever, all and everie such person and

persons whatsoever as without the speciall licens of the said

Treasurer and Companie and their successors shall attempte to

inhabite within the said

severall precincts and lymitts of the said Colonie and

plantacion; and also, all and everie such person and persons

whatsoever as shall enterprise, or attempte at anie time

hereafter, destruccion, invasion, hurte, detriment or annoyannce

to the said Collonye and plantacion, as is likewise specified in

the said former grannte.

        

     And that it shalbe lawful for the said Treasurer and

Companie, and their successors and everie of them, from time to

time and at all times hereafter, and they shall have full power

and aucthoritie, to take and surprise by all waies and meanes

whatsoever all and everie person and persons whatsoever, with

their shippes, goods and other furniture, traffiquinge in anie

harbor, creeke or place within the limitts or precincts of the

said Colonie and plantacion, [not] being allowed by the said

Companie to be adventurers or planters of the said Colonie,

untill such time as they beinge of anie realmes or dominions

under oure obedience shall paie or agree to paie, to the hands of

the Treasurer or [of] some other officer deputed by the said

governors in Virginia (over and above such subsedie and custome

as the said Companie is or here after shalbe to paie) five

poundes per centum upon all goods and merchaundizes soe brought

in thither, and also five per centum upon all goods by them

shipped oute from thence; and being straungers and not under oure

obedience untill they have payed (over and above such subsedie

and custome as the same Treasurer and Companie and their

successors is or hereafter shalbe to paie) tenn pounds per centum

upon all such goods, likewise carried in and oute, any thinge in

 

the former lettres patents to the contrarie not withstandinge;

and the same sommes of monie and benefitt as aforesaid for and

duringe the space of one and twentie yeares shalbe wholie

imploied to the benefitt and behoof of the said Colonie and

plantacion; and after the saide one and twentie yeares ended, the

same shalbe taken to the use of us, oure heires or successors, by

such officer and minister as by us, oure heires or successors,

shalbe thereunto assigned and appointed, as is specified in the

said former lettres patents.

        

     Also wee doe, for us, oure heires and successors, declare by

theis presents, that all and everie the persons beinge oure

subjects which shall goe and inhabit within the said Colonye and

plantacion, and everie of their children and posteritie which

shall happen to be borne within [any] the lymitts thereof, shall

have [and] enjoye all liberties, franchesies and immunities of

free denizens and naturall subjects within anie of oure other

dominions to all intents and purposes as if they had bine

abidinge and borne within this oure kingdome of England or in

anie other of oure dominions.

        

     And forasmuch as it shalbe necessarie for all such our

lovinge subjects as shall inhabitt within the said precincts of

Virginia aforesaid to determine to live togither in the feare and

true woorshipp of Almightie God, Christian peace and civill

quietnes, each with other, whereby everie one maie with more

safety, pleasure and profitt enjoye that where unto they shall

attaine with great paine and perill, wee, for us, oure heires and

successors, are likewise pleased and contented and by theis

presents doe give and graunte unto the said Tresorer and Companie

and their successors and to such governors, officers and

ministers as shalbe, by oure said Councell, constituted and

appointed, accordinge to the natures and lymitts of their offices

and places respectively, that they shall and maie from time to

time for ever hereafter, within the said precincts of Virginia or

in the waie by the seas thither and from thence, have full and

absolute power and aucthority to correct, punishe, pardon,

governe and rule all such the subjects of us, oure heires and

successors as shall from time to time adventure themselves in

anie voiadge thither or that shall at anie tyme hereafter

inhabitt in the precincts and territorie of the said Colonie as

aforesaid, accordinge to such order, ordinaunces, constitution,

directions and instruccions as by oure said Counsell, as

aforesaid, shalbe established; and in defect thereof, in case of

necessitie according to the good discretions of the said

governours and officers respectively, aswell in cases capitall

and criminall as civill, both marine and other, so alwaies as the

said statuts, ordinannces and proceedinges as neere as

convenientlie maie be, be agreable to the lawes, statutes,

government and pollicie of this oure realme of England.

        

     And we doe further of oure speciall grace, certeine

knowledge and mere mocion, grant, declare and ordaine that such

principall governour as from time to time shall dulie and

lawfullie be aucthorised and appointed, in manner and forme in

 

theis presents heretofore expressed, shall [have] full power and

aucthoritie to use and exercise marshall lawe in cases of

rebellion or mutiny in as large and ample manner as oure

leiutenant in oure counties within oure realme of England have or

ought to have by force of their comissions of lieutenancy. And

furthermore, if anie person or persons, adventurers or planters,

of the said Colonie, or anie other at anie time or times

hereafter, shall transporte anie monyes, goods or marchaundizes

oute of anie [of] oure kingdomes with a pretence or purpose to

lande, sell or otherwise dispose the same within the lymitts and

bounds of the said Collonie, and yet nevertheles beinge at sea or

after he hath landed within anie part of the said Colonie shall

carrie the same into anie other forraine Countrie, with a purpose

there to sell and dispose there of that, then all the goods and

chattels of the said person or persons so offendinge and

transported, together with the shipp or vessell wherein such

transportacion was made, shalbe forfeited to us, oure heires and

successors.

       

     And further, oure will and pleasure is, that in all

questions and doubts that shall arrise upon anie difficultie of

construccion or interpretacion of anie thinge contained either in

this or in oure said former lettres patents, the same shalbe

taken and interpreted in most ample and beneficiall manner for

the said Tresorer and Companie and their successors and everie

member there of.

       

     And further, wee doe by theis presents ratifie and confirme

unto the said Tresorer and Companie and their successors all

privuleges, franchesies, liberties and immunties graunted in oure

said former lettres patents and not in theis oure lettres patents

revoked, altered, channged or abridged.

        

And finallie, oure will and pleasure is and wee doe further

hereby for us, oure heires and successors grannte and agree, to

and with the said Tresorer and Companie and their successors,

that all and singuler person and persons which shall at anie time

or times hereafter adventure anie somme or sommes of money in and

towards the said plantacion of the said Colonie in Virginia and

shalbe admitted by the said Counsell and Companie as adventurers

of the said Colonie, in forme aforesaid, and shalbe enrolled in

the booke or record of the adventurers of the said Companye,

shall and maie be accompted, accepted, taken, helde and reputed

Adventurers of the said Collonie and shall and maie enjoye all

and singuler grannts, priviledges, liberties, benefitts,

profitts, commodities [and immunities], advantages and emoluments

whatsoever as fullie, largely, amplie and absolutely as if they

and everie of them had ben precisely, plainely, singulerly and

distinctly named and inserted in theis oure lettres patents.

       

And lastely, because the principall effect which wee cann desier

or expect of this action is the conversion and reduccion of the

people in those partes unto the true worshipp of God and

Christian religion, in which respect wee would be lothe that anie

person should be permitted to passe that wee suspected to affect

the superstitions of the Churche of Rome, wee doe hereby declare

 

that it is oure will and pleasure that none be permitted to passe

in anie voiadge from time to time to be made into the saide

countrie but such as firste shall have taken the oath of

supremacie, for which purpose wee doe by theise presents give

full power and aucthoritie to the Tresorer for the time beinge,

and anie three of the Counsell, to tender and exhibite the said

oath to all such persons as shall at anie time be sent and

imploied in the said voiadge.

        

     Although expresse mention [of the true yearly value or

certainty of the premises, or any of them, or of any other gifts

or grants, by us or any of our progenitors or predecessors, to

the aforesaid Treasurer and Company heretofore made, in these

presents is not made; or any act, statute, ordinance, provision,

proclamation, or restraint, to the contrary hereof had, made,

ordained, or provided, or any other thing, cause, or matter,

whatsoever, in any wise notwithstanding.] In witnes whereof [we

have caused these our letters to be made patent. Witness ourself

at Westminster, the 23d day of May (1609) in the seventh year of

our reign of England, France, and Ireland, and of Scotland the

****]

       

     Per ipsum Regem exactum.

British Public Record Office, Chancery Patent Rolls (c. 66),

1796, 5; William Stith, The History of the First Discovery and

Settlement of Virginia

 

 

Footnote #3

 

 

 

The Third Virginia Charter

 

The Third Virginia Charter, 1612

 

     James, by the Grace of God, King of England, Scotland,

France, and Ireland, Defender of the Faith; To all  to whom these

Presents shall come, Greeting. Whereas at  the humble Suit of

divers and sundry our loving Subjects,  as well Adventurers as

Planters of the first Colony in Virginia,  and for the

Propagation of Christian Religion, and Reclaiming of People

barbarous, to Civility and Humanity,  We have, by our

Letters-Patents, bearing Date at Westminster,  the

three-and-twentieth Day of May, in the seventh  Year of our Reign

of England, France, and Ireland,  and the two-and-fortieth of

Scotland, Given and Granted  unto them that they and all such and

so many of our loving  Subjects as should from time to time, for

ever after,  be joined with them as Planters or Adventurers in

the said  Plantation, and their Successors, for ever, should be

one  Body politick, incorporated by the Name of The Treasurer

and Company of Adventurers and Planters of the City of  London

for the first Colony in Virginia;  And whereas also for the

greater Good and Benefit  of the said Company, and for the better

Furtherance,  Strengthening, and Establishing of the said

Plantation, we  did further Give, Grant and Confirm, by our

Letters-   Patents unto the said Company and their Successors,

for  ever, all those Lands, Countries or Territories, situate,

lying  and being in that Part of America called Virginia, from

the Point of Land called Cape or Point Comfort all along  the Sea

Coasts to the Northward two hundred Miles; and  from the said

Point of Cape Comfort all along the Sea  Coast to the Southward

two hundred Miles; and all that  Space and Circuit of Land lying

from the Sea Coast of  the Precinct aforesaid, up into the Land

 

throughout from  Sea to Sea West and North-west; and also all the

Islands  lying within one hundred Miles along the Coast of both

the Seas of the Precinct aforesaid; with divers other Grants,

Liberties, Franchises and Preheminences, Privileges, Profits,

Benefits, and Commodities granted in and by our said

Letters-patents to the said Treasurer and Company and  their

Successors for ever.  Now forasmuch as we are given to

understand, that in  those Seas adjoining to the said Coasts of

Virginia, and  without the Compass of those two hundred Miles by

Us  so granted unto the said Treasurer and Company as aforesaid,

and yet not far distant from the said Colony in  Virginia, there

are or may be divers Islands lying desolate  and uninhabited,

some of which are already made known  and discovered by the

Industry, Travel, and Expences of  the said Company, and others

also are supposed to be and  remain as yet unknown and

undiscovered, all and every  of which it may import the said

Colony both in Safety and  Policy of Trade to populate and plant;

in Regard whereof,  as well for the preventing of Peril, as for

the better Commodity  of the said Colony, they have been humble

suitors  unto Us, that We would be pleased to grant unto them an

Enlargement of our said former Letters-patents. . . . all  and

singular those Islands whatsoever situate and beiiig  in any Part

of the Ocean Seas bordering upon the Coast  of our said first

Colony in Virginia, and being within  three Hundred Leagues of

any of the Parts heretofore  granted to the said Treasurer and

Company in our said  former Letters-Patents as aforesaid. . . .

To have and to  hold, possess and enjoy, all and singular the

said Islands  in the said Ocean Seas so lying and bordering upon

the  Coast and Coasts of the Territories of the said first Colony

in Virginia, as aforesaid. With all and singular the said

    Soils, Lands, Grounds, and all and singular other the

Premises heretofore by these Presents granted or mentioned  to be

granted to them. . . .  And We are further pleased, and We do by

these  Presents grant and confirm, that Philip Earl of

Montgomery, William Lord Paget, sir John Starrington, Knight

etc., whom the said Treasurer and Company have since  the said

last Letters-Patents nominated and set down as  worthy and

discreet Persons fit to serve Us as Counsellors,  to be of our

Council for the said Plantation, shall be reputed,  deemed, and

taken as Persons of our said Council  for the said first Colony,

in such Manner and Sort, to all  Intents and Purposes, as those

who have been formerly  elected and nominated as our Counsellors

for that Colony,  and whose Names have been, or are inserted and

expressed  in our said former Letters-Patents.  And we do hereby

ordain and grant by these Presents  that the said Treasurer and

Company of Adventurers and  Planters aforesaid, shall and may,

once every week, or  oftener, at their Pleasure, hold, and keep a

Court and Assembly  for the better Order and Government of the

said  Plantation, and such Things as shall concern the same:

 

 

And that any five Persons of our Council for the said first

Colony in Virginia, for the Time being, of which Company  the

Treasurer, or his Deputy, to be always one, and the  Number of

fifteen others, at the least, of the Generality  of the said

Company, assembled together in such Manner.  as is and bath been

heretofore used and accustomed, shall  be said, taken, held, and

reputed to be, and shall be a  sufficient Court of the said

Company, for the handling and  ordering, and dispatching of all

such casual and particular  Occurrences, and accidental Matters,

of less Consequence  and Weight, as shall from Time to Time

happen, touching  and concerning the said Plantation  And that

nevertheless, for the handling, ordering, and  disposing of

Matters and Affairs of greater Weight and  Importance, and such

as shall or may, in any Sort, concern  the Weal Publick and

general Good of the said Company  and Plantation, as namely, the

Manner of Government  from Time to Time to be used, the ordering

and Disposing  of the Lands and Possessions, and the settling and

establishing  of a Trade there, or such like, there shall be held

and kept every Year, upon the last Wednesday, save one,  of

Hillary Term, Easter, Trinity, and Michaelmas Terms,  for ever,

one great, general, and solemn Assembly, which  four Assemblies

shall be stiled and called, The four Great  and General Courts of

the Council and Company of Adventurers  for Virginia; In all and

every of which said  Great and General Courts, so assembled, our

Will and  Pleasure is, and we do, for Us, our Heirs and

Successors,  for ever, Give and Grant to the said Treasurer and

Company,  and their Successors for ever, by these Presents, that

they, the said Treasurer and Company, or the greater Number  of

them, so assembled, shall and may have full Power  and Authority,

from Time to Time, and at all Times  hereafter, to elect and

chuse discreet Persons, to be of our  said Council for the said

first Colony in Virginia, and to  nominate and appoint such

Officers as they shall think fit  and requisite, for the

Government, managing, ordering,  and dispatching of the Affairs

of the said Company; And  shall likewise have full Power and

Authority, to ordain  and make such Laws and Ordinances, for the

Good and  Welfare of the said Plantation, as to them from Time to

Time, shall be thought requisite and meet: So always, as  the

same be not contrary to the Laws and Statutes of this  our Realm

of England. . . .

 

 

An Ordinance And Constitution Of The Virginia Company

 

 

Footnote #4

 

An Ordinance and Constitution of the Virgina, and the creation of

Counsel of State

Company in England, 24 July 1621

 

An Ordinance and Constitution of the Treasurer Council, and

Company in England, for a Council of State and General Assembly.

     I. To all people, to whom these presents shall come, be

seen, or heard, the treasurer, council, and company of

adventurers and planters for the city of London for the first

colony of Virginia, send greeting. Know ye, that we, the said

treasurer, council, and company, taking into our careful

consideration the present state of the said colony of Virginia,

 

and intending by the divine assistance, to settle such a form of

government there, as may be to the greatest benefit and comfort

of the people, and whereby all injustice, grievances, and

oppression may be prevented and kept off as much as possible,

from the said colony, have thought fit to make our entrance, by

ordering and establishing such supreme councils, as may not only

be assisting to the governor for the time being, in the

administration of justice, and the executing of other duties to

this office belonging, but also, by their vigilant care and

prudence, may provide, as well for a remedy of all

inconveniences, growing from time to time, as also for advancing

of increase, strength, stability, and prosperity of the said

colony:

     II. We therefore, the said treasurer, council, and company,

by authority directed to us from his majesty under the great

seal, upon mature deliberation, do hereby order and declare,

that, from hence forward, there shall be two supreme councils in

Virginia, for the better government of

the said colony aforesaid.

     III. The one of which councils, to be called the council of

state (and whose office shall chiefly be assisting, with their

care, advice, and circumspection, to the said governor) shall be

chosen, nominated, placed, and displaced, from time to time, by

us the said treasurer, council and company, and our successors:

which council of state shall consist, for the present only of

these persons, as are here inserted, viz., sir Francis Wyatt,

governor of Virginia, captain Francis West, sir George Yeardley,

knight, sir William Neuce, knight, marshal of Virginia, Mr.

George Sandys, treasurer, Mr. George Thorpe, deputy of the

college, captain Thomas Neuce, deputy for the company, Mr.

Powlet, Mr. Leech, captain Nathaniel Powel, Mr. Christopher

Davidson, secretary, Doctor Potts, physician to the company, Mr.

Roger Smith, Mr. John Berkeley, Mr. John Rolfe, Mr. Ralph Hamer,

Mr. John Pountis, Mr. Michael Lapworth, Mr. Harwood, Mr. Samuel

Macock. Which said counsellors and council we earnestly pray and

desire, and in his majesty's name strictly charge and command,

that (all factions, partialities, and sinister respect laid

aside) they bend their care and endeavours to assist the said

governor; first and principally, in the advancement of the honour

and service of God, and the enlargement of his kingdom against

the heathen people; and next, in erecting of the said colony in

due obedience to his majesty, and all lawful authority from his

majesty's directions; and lastly, in maintaining the said people

in justice and christian conversation amongst themselves, and in

strength and ability to withstand their enemies. And this

council, to be always, or for the most part, residing about or

near the governor.

     IV. The other council, more generally to be called by the

governor, once yearly, and no oftener, but for very extraordinary

and important occasions, shall consist for the present, of the

said council of state, and of two burgesses out of every town,

hundred, or other particular plantation, to be respectively

chosen by the inhabitants: which council shall be called The

 

General Assembly, wherein (as also in the said council of state)

all matters shall be decided, determined, and ordered by the

greater part of the voices then present; reserving to the

governor always a negative voice. And this general assembly shall

have free power, to treat, consult, and conclude, as well of all

emergent occasions concerning the publick weal of the said colony

and every part thereof, as also to make, ordain, and enact such

general laws and orders, for the behoof of the said colony, and

the good government thereof, as shall, from time to time, appear

necessary or requisite;

     V. Whereas in all other things, we require the said general

assembly, as also the said council of state, to imitate and

follow the policy of the form of government, laws, customs, and

manner of trial, and other administration of justice, used in the

realm of England, as near as may be even as ourselves, by his

majesty's letters patent, are required.

     VI. Provided, that no law or ordinance, made in the said

general assembly, shall be or continue in force or validity,

unless the same shall be solemnly ratified and confirmed, in a

general quarter court of the said company here in England, and so

ratified, be returned to them under our seal; it being our intent

to afford the like measure also unto the said colony, that after

the government of the said colony shall once have been well

framed, and settled accordingly, which is to be done by us, as by

authority derived from his majesty, and the same shall have been

so by us declared, no orders of court afterwards, shall bind the

said colony, unless they be ratified in like manner in the

general assemblies. In witness whereof we have hereunto set our

common seal the 24th of July, 1621. . . .

 

 

 

 

 

Footnote #5

 

 

THE CHARTER, 1663, The Charter of Carolina

 

 

CHARLES THE SECOND, BY THE grace of God, King of England,

Scotland, France, and Ireland, defender of the Faith, etc. TO ALL

to whom these presents shall come, Greeting:

 

WHEREAS, our right trusty and right well-beloved Cousins and

Counsellors:

Edward, Earl of Clarendon, our High Chancellor of England; and

George, Duke of Albemarle, Master of our Horse and Captain

General of all our Forces; Our right trusty and well-belov ed

William, Lord Craven; John, Lord Berkley; Our right trusty and

wellbeloved Counsellor, Anthony, Lord Ashley, Chancellor of our

Exchequer; Sir George Carterett, Knight and

Baronet, Vice Chamberlain of our Household; And our trusty and

well-beloved Sir W illiam Berkley, Knight; and Sir John Colleton,

Knight and Baronet, being excited with a laudable and pious zeal

for the propagation of the Christian Faith and the enlargement of

our Empire and Dominions, HAVE humbly besought leave of us, by

their industry  and Charge, to Transport and make an ample Colony

of our Subjects, Natives of our Kingdom of England and elsewhere

within our Dominions, unto a certain Country, hereafter

described, in the parts of AMERICA not yet cultivated or planted,

and only inhabite d by some barbarous People who have no

knowledge of Almighty God;

 

 

AND WHEREAS, the said Edward, Earl of Clarendon; George, Duke of

Albemarle; William, Lord Craven; John, Lord Berkley; Anthony,

Lord Ashley; Sir George Carterett; Sir William Berkley; and Sir

John Colleton, have humbly besought us to give, grant, and Confi

rm unto them, and their heirs, the said Country, with Privileges

and Jurisdictions requisite for the good Government and safety

thereof:

 

KNOW YE, therefore, that We, favouring the pious and noble

purpose of the said Edward, Earl of Clarendon; George, Duke of

Albemarle; William, Lord Craven; John, Lord Berkley; Anthony,

Lord Ashley; Sir George Carterett; Sir William Berkley; and Sir

John Colleton, Of our especial grace, certain knowledge, and mere

motion, HAVE given,granted, and Confirmed, AND, by this our

present Charter, for us, our heirs and Successors, Do give,

grant, and Confirm, unto the said Edward, Earl of Clarendon;

George, Duke of Albemarle; William, Lord Craven; John, Lord

Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir William

Berkley; and Sir John Colleton, their heirs and Assigns:

 

ALL that Territory or Tract of ground, situate, lying, and being

within our Dominions in America, extending from the North end of

the Island called Luck Island, which lies in the Southern

Virginia Seas and within six and Thirty Degrees of the Northern

Latitude, and to the West as far as the South Seas; and so

Southerly as far as the River Saint Mathias, which borders upon

the Coast of Florida, and within one and Thirty Degrees of

Northern Latitude; and West in a direct Line as far as the South

Seas aforesaid; Together with all and singular Ports, Harbours,

Bays, Rivers, Isles, and Islets belonging unto the Country

aforesaid; And also, all the Soil, Lands, Fields, Woods,

Mountains, Farms, Lakes, Rivers, Bays, and Islets situate or

being within the Bounds o r Limits aforesaid; with the Fishing of

all sorts of Fish, Whales, Sturgeons, and all other Royal Fishes

in the Sea, Bays, Islets, and Rivers within the premises, and the

Fish therein taken;

 

AND moreover, all Veins, Mines, and Quarries, as well discovered

as not discovered, of Gold, Silver, Gems, and precious Stones,

and all other, whatsoever be it, of Stones, Metals, or any other

thing whatsoever found or to be found within the Country, Isles,

Limits aforesaid;

 

AND FURTHERMORE, the Patronage and Advowsons of all the Churches

and Chapels which, as Christian Religion shall increase within

the Country, Isles, Islets, and Limits aforesaid:  aforesaid,

shall happen hereafter to be erected; Together with licence and

power to Build and found Churches, Chapels, an Oratories in

convenient and fit places within the said Bounds and Limits, and

to cause them to be Dedicated and Consecrated according to the

Ecclesiastical Laws of our Kingdom in England,; Together with all

and singular the like and as ample Rights, Jurisdictions,

Privileges, Prerogatives, Royalties, Liberties, Immunities, and

Franchises of what kind soever with the Country, Isles, Islets,

and Limits aforesaid;

 

TO HAVE, use, exercise, and enjoy, and in as ample manner as any

Bishop of Durham, in our Kingdom of England, ever heretofore have

 

held, used, or enjoyed, or of right ought or could have, use, or

enjoy;

 

AND them, the said Edward, Earl of Clarendon; George, Duke of

Albemarle; William, Lord Craven, John, Lord Berkley; Anthony,

Lord Ashley; Sir George Carterett; Sir William Berkley; and Sir

John Colleton, their heirs and assigns, WE DO, by these presents,

for us, our heirs and Successors, make, Create, and Constitute

the true and absolute Lords and Proprietaries of the Country

aforesaid, and of all other the premises;

 

SAVING always, the Faith, Allegiance, and Sovereign Dominion due

to us, our heirs and Successors, for the same; and Saving also,

the right, title, and interest of all and every our Subjects of

the English Nation which are now Planted within the Limits bounds

aforesaid, if any be;

 

TO HAVE, HOLD, possess and enjoy the said Country, Isles,

Islets, and all and singular other the premises; to them, the

said Edward, Earl of Clarendon; George, Duke of Albemarle;

William, Lord Craven; John, Lord Berkley; Anthony, Lord Ashley;

Sir George Carterett; Sir William Berkley; and Sir John Colleton,

their heirs and Assigns, forever;

TO BE HELD of us, our heirs and Successors as of our Manor of

East Greenwich, in our County of Kent, in Free and Common

Soccage, and not in Capite nor by knight's Service;

 

YIELDlNG AND PAYING yearly, to us, our heirs and Successors, for

the same, the yearly Rent of Twenty Marks of Lawful money of

England, at the Feast of All Saints, yearly, forever, The First

payment thereof to begin and be made on the Feast of All Saints

which shall be in the year of Our Lord One thousand six hundred

Sixty and five ; AND also, the fourth part of all Gold and Silver

Ore which, with the limits aforesaid, shall, from time to time,

happen to be found.

 

AND that the Country thus by us granted and described may be

dignified with as large Titles and Privileges as any other parts

of our Dominions and Territories in that Region;

 

KNOW YE, that We, of our further grace, certain knowledge, and

mere motion, HAVE thought fit to Erect the same Tract of Ground,

Country, and Island into a Province, and, out of the fullness of

our Royal power and Prerogative, WE Do, for us, our heirs and

Successors, Erect, Incorporate, and Ordain the same into a

province, and do call it the Province of CAROLINA, and so from

henceforth will have it called.

 

AND FORASMUCH AS we have hereby made and Ordained the aforesaid

Edward, Earl of Clarendon; George, Duke of Albemarle; William,

Lord Craven; John, Lord Berkley; Anthony, Lord Ashley; Sir George

Carterett; Sir William Berkley; and Sir John Colleton, their

heirs and Assigns, the true Lords and Proprietors of all the

Province aforesaid:

 

KNOW YE, therefore, moreover, that We, reposing especial Trust

and Confidence in their fidelity, Wisdom, Justice, and provident

circumspection, for us, our heirs and Successors, Do Grant full

and absolute power, by virtue of these presents, to them, the s

aid Edward, Earl of Clarendon; George, Duke of Albemarle;

William, Lord Craven; John, Lord Berkley; Anthony, Lord Ashley;

Sir George Carterett; Sir William Berkley; and Sir John Colleton,

and their heirs, for the good and happy Government of the said

 

Province:

 

To ORDAIN, make, Enact, and under their Seals to publish any Laws

whatsoever, either appertaining to the public State of the said

Province or to the private utility of particular Persons,

according to their best discretion, of and with the advice,

assent, and approbation of the Freemen of the said Province, or

of the greater part of them, or of their Delegates or Deputies;

whom, for enacting of the said Laws, when and as often as need

shall require, WE WILL that the said Edward, Earl of Clarendon;

George, Duke of Albemarle; William, Lord Craven; John, Lord

Berkley; Anthony, Lord Ashley;  Sir George Carterett; Sir William

Berkley; and Sir John Colleton, and their heirs, shall, from time

to time. assemble, in such manner and form as to them shall seem

best;

 

AND the same Laws duly to execute upon all people within the said

Province and Limits thereof for the time being, or which shall be

Constituted under the power and Government of them, or any of

them, either Sailing towards the said Province of CAROLINA or

returning from thence towards England, or any other of our or

foreign Dominions; by Imposition of penalties, Imprisonment, or

any other punishment, YEA, if it shall be needful and the quality

of the Offence require it, by taking away member and life, either

by them, the said Edward, Earl of Clarendon; George, Duke of

Albemarle; William, Lord Craven; John, Lord Berkley; Anthony,

Lord Ashley; Sir George Carterett; Sir William Berkley; and Sir

John Colleton, and their heirs, or by them or their Deputies,

Lieutenants, Judges, Justices, Magistrates, Officers, and

Ministers, to be Ordained or appointed according to the tenor and

true intention of these presents;

 

AND LIKEWISE, to appoint and establish any Judges or Justices,

Magistrates or Officers whatsoever within the said Province, at

Sea or land, in such manner and form as unto the said Edward,

Earl of Clarendon; George, Duke of Albemarle; William, Lord

Craven; John, Lord Berkley; Anthony, Lord Ashley; Sir George

Carterett; Sir William Berkley; and Sir John Colleton, or their

heirs, shall seem most convenient;

 

ALSO, to remit, release, Pardon, and abolish, whether before

Judgment or after, all Crimes and Offences whatsoever against the

said Laws; and to do all and every other thing and things which

unto the Complete establishment of Justice, unto Courts,

Sessions, and forms of Judicature, and manners of proceeding

therein, do belong, although in these presents express mention be

not made thereof;

 

AND by Judges, by him or them delegated, to award Process, hold

Pleas, and determine, in all the said Courts and Places of

Judicature, all Actions, Suits, and Causes whatsoever, as well

Criminal as Civil, real, mixt, personal, or of any other kind or

nature whatsoever;

WHICH LAWS, SO as aforesaid, to be published OUR PLEASURE IS, and

We do enjoin, require, and Command shall be absolute, firm, and

available in law; And that all the liege People of us, our heirs

and Successors, within the said Province of CAROLINA, do observe

and keep the same inviolably in those parts, so far as they

concern them, under the pains and penalties therein expressed or

 

to be expressed;

 

PROVIDED, nevertheless, that the said laws be consonant to reason

and, as near as may be conveniently, agreeable to the laws and

Customs of this our Kingdom of England.

 

AND because such assemblies of Freeholders cannot be so suddenly

called as there may be occasion to require the same:

 

WE Do, therefore, by these presents, give and Grant unto the said

Earl of Clarendon; George, Duke of Albemarle; William, Lord

Craven; John, Lord Berkley; Anthony, Lord Ashley; Sir George

Carterett; Sir William Berkley; and Sir John Colleton, their

heirs and Assigns, by themselves or their Magistrates in that

behalf lawfully authorized, full power and authority,

from time to time, to make and Ordain fit and wholesome Orders

and Ordinances within the Province aforesaid, to be kept and

observed, as well for the keeping of the Peace as for the better

Government of the People there abiding; and to publish the same

to all to whom it may concern;

 

WHICH Ordinances We do, by these presents, straightly Charge and

Command to be inviolably observed within the said Province, under

the penalties therein expressed; So as such Ordinances be

reasonable, and not repugnant or contrary, but as near as may be

agreeable, to the laws and Statutes of this our Kingdom of

England; And so as the same Ordinances do not extend to the

binding, charging, or taking away of the right or interest of any

Person or Persons in their freehold, goods, or Chattels

whatsoever.

 

AND to the end the said Province may be the more happily

increased by the multitude of People resorting thither, and may

likewise be the more strongly defended from the incursions of

Savages and other Enemies, Pirates, and robbers:

 

THEREFORE, We, for us, our heirs and Successors, Do give and

Grant, by these presents, Power, licence, and liberty unto all

the liege people of us, our heirs and Successors, in our Kingdom

of England or elsewhere within any other our Dominions, Islands,

Colonies, or Plantations, Excepting those who shall be especially

forbidden, to transport themselves and Families unto the said

Province, with convenient Shipping and fitting Provisions, and

there to settle themselves, dwell and inhabit; any law, Act,

Statute, Ordinance, or other thing to the contrary in any wise

notwithstanding.

 

AND WE WILL also, and, of our more especial grace, for us, our

heirs and Successors, do straightly enjoin, Ordain, Constitute,

and Command, that the said Province of Carolina shall be of our

Allegiance; And that all and singular the Subjects and liege

people of us, our heirs and Successors, transported or to be

transported into the said Province, and the Children of them and

of such as shall descend from them there, born or hereafter to be

born, be and shall be Citizens and lieges of us, our heirs and

Successors, of this our Kingdom of England; and be in all things

held, treated, and reputed as the liege, faithful people of us,

our heirs and Successors, born within this our said Kingdom or

any other of our Dominions; and may inherit or otherwise Purchase

and receive, take, have, hold, buy, and possess any lands,

Tenements, or hereditaments within the same Places, and them-may

 

Occupy and enjoy, give, sell alien, and bequeath; as likewise,

all liberties, Franchises, and Privileges of this our Kingdom of

England, and of other our Dominions aforesaid, may freely and

quietly have, possess, and enjoy as our liege people born within

the same, without the let, molestation, vexation, trouble, or

grievance of us, our heirs and Successors; any Statute, Act,

Ordinance, or Provision to the contrary notwithstanding.

 

AND FURTHERMORE, that our Subjects, of this our said Kingdom of

England and other our Dominions, may be the rather encouraged to

undertake this Expedition with ready and cheerful minds:

 

KNOW YE, that We, of our especial grace, certain knowledge, and

mere motion, Do give and Grant, by virtue of these presents, as

well to the said Edward, Earl of Clarendon; George, Duke of

Albemarle; William, Lord Craven; John, Lord Berkley; Anthony,

Lord Ashley; Sir George Carterett; Sir William Berkley; and Sir

John Colleton, and their heirs, as unto all others as shall, from

time to time, repair unto the said Province with a purpose to

inhabit there or to trade with the Natives of the said Province,

full liberty and Licence to lade and freight in any Ports

whatsoever of us, our heirs and Successors;

 

AND into the said Province of Carolina, by them, their Servants

and Assigns, to Transport all and singular their goods, Wares,

and Merchandises; as likewise, all sorts of grain whatsoever, and

any other things whatsoever necessary for the food and Clothing,;

not prohibited by the laws and Statutes of our Kingdoms and

Dominions; to be Carried out of the same without any let or

molestation of us, our heirs and Successors, or of any other our

Officers and Ministers whatsoever; Saving also, to us, our heirs

and Successors, the Customs and other duties and payments due for

the said Wares and Merchandises, according to the several rates

of the Places from whence the same shall be transported.

 

WE WILL also, and, by these presents, for us, our heirs and

Successors, Do give and Grant Licence, by this our Charter, unto

the said Edward, Earl of Clarendon; George, Duke of Albemarle;

William, Lord Craven; John, Lord Berkley; Anthony, Lord Ashley;

Sir George Carterett; Sir William Berkley; and Sir John Colleton,

their heirs and Assigns, and to all the Inhabitants and Dwellers

in the Province aforesaid, both present and to come, full power

and absolute authority to Import or unlade, by themselves or

their servants, Factors, or Assigns, all Merchandises and goods

whatsoever that shall arise of the fruits and Commodities of the

said Province, either by land or Sea, into any the Ports of us,

our heirs and Successors, in our Kingdom of England, Scotland, or

Ireland, Or otherwise to dispose of the said goods in the said

Ports; and, if need be, within one year next after the unlading,

to lade the said Merchandises and goods again into the same or

other Ships, and to Export the same into any other Countries,

either of our Dominions or foreign, being in Amity with us, our

heirs and Successors; So as they pay such Customs, Subsidies, and

other duties for the same, to us, our heirs and Successors, as

 

the rest of our Subjects of this our Kingdom for the time being

shall be bound to pay, beyond which We will not that the

inhabitants of the said Province of Carolina shall be any way

Charged.

 

PROVIDED, nevertheless, and our Will and pleasure is, and We

have further, for the Considerations aforesaid, of our more

especial grace, certain knowledge, and mere motion, given and

Granted, and, by these presents, for us, our heirs and

Successors, Do give and grant, unto the said Edward, Earl of

Clarendon; George, Duke of Albemarle; William, Lord Craven; John,

Lord Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir

William Berkley; and Sir John Colleton, their heirs and Assigns,

full and free licence, liberty, and authority, at any time or

times from and after the Feast of Saint Michaell The Archangel

which shall be in the year of our Lord Christ One thousand six

hundred Sixty and Seven, as well to Import and bring into any of

our Dominions from the said Province of Carolina, or any part

thereof, the several goods and Commodities hereinafter mentioned:

THAT IS TO SAY, Silks, Wines, Currants, Raisins, Capers, Wax,

Almonds, Oil, and Olives; without paying or Answering to us, our

heirs or Successors, any Custom, Impost, or other duty for or in

respect thereof, for and during the term and space of Seven

years, to commence and be accounted from and after the First

Importation of four Tons of any the said goods in any one Bottom,

Ship, or Vessel from the said Province into any of our Dominions;

as also, to export and carry out of any of our Dominions into the

said Province of Carolina, Custom free, all sorts of Tools which

shall be useful or necessary for the Planters there in the

accommodation and Improvement of the premises; any thing before

in these presents contained, or any Law, Act, Statute,

Prohibition, or other matter or thing heretofore had, made,

Enacted, or provided, or hereafter to be had, made, Enacted, or

Provided, to the contrary in any wise notwithstanding.

 

AND FURTHERMORE, of our more ample and especial grace, certain

knowledge, and mere motion, WE DO, for us, our heirs and

Successors, Grant unto the said Edward, Earl of Clarendon;

George, Duke of Albemarle; William, Lord Craven; John, Lord

Berkley; Anthony , Lord Ashley; Sir George Carterett; Sir William

Berkley; and Sir John Colleton, their heirs and Assigns, full and

absolute power and authority to Make, Erect, and Constitute

within the said Province of CAROLINA, and the Isles and Islets

aforesaid, such and so many Seaports, harbours, Creeks, and other

Places for discharge and unlading of goods and Merchandises out

of Ships, Boats, and other Vessels, and for lading of them, in

such and so many Places, and with such Jurisdictions, Privileges,

Jurisdictions , and Franchises unto the said Ports belonging, as

to them shall seem most expedient;

 

AND that all and singular the Ships, Boats, and other Vessels

which shall come for Merchandise and Trade into the said

Province, or shall depart out of the same, shall be laden and

unladen at such Ports only as shall be erected and Constituted by

the said Edward, Earl of Clarendon; George, Duke of Albemarle;

 

William, Lord Craven; John, Lord Berkley; Anthony, Lord Ashley;

Sir George Carterett; Sir William Berkley; and Sir John Colleton,

their heirs and Assigns, and not elsewhere; any use, Custom, or

anything to the contrary in any wise notwithstanding.

 

AND WE Do, furthermore, Will, appoint, and Ordain, and, by these

presents, for us, our heirs and Successors, do Grant unto the

said Edward, Earl of Clarendon; George, Duke of Albemarle;

William, Lord Craven; John, Lord Berkley; Anthony, Lord Ashley;

Sir George Carterett; Sir William Berkley; and Sir John Colleton,

their heirs and Assigns, That they, the said Edward, Earl of

Clarendon; George, Duke of Albemarle; William, Lord Craven; John,

Lord Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir

William Berkley; and Sir John Colleton, their heirs and Assigns,

may, from time to time, forever, have and enjoy the Customs and

Subsidies, in the Ports, Harbours, Creeks, and other Places

within the Province aforesaid, payable for goods, Merchandises,

and Wares there laded or to be laded or unladed; the said Customs

to be reasonably Assessed upon any occasion by themselves, and by

and with the Consent of the free people there, by the greater

part of them, as aforesaid: to whom We give power, by these

presents, for us, our heirs and Successors, upon just Cause and

in a due proportion, to Assess and Impose the same.

 

AND FURTHER, of our especial grace, certain knowledge, and mere

motion, WE HAVE given, Granted, and Confirmed, and, by these

presents, for us, our heirs and Successors, Do give, Grant, and

Confirm, unto the said Edward, Earl of Clarendon; George, Duke of

Albemarle; William, Lord Craven; John, Lord Berkley; Anthony,

Lord Ashley; Sir George Carterett; Sir William Berkley; and Sir

John Colleton, their heirs and Assigns, full and absolute

licence, power, and authority that the said Edward, Earl of

Clarendon;  George, Duke of Albemarle; William, Lord Craven;

John, Lord Berkley; Anthony, Lord Ashley; Sir George Carterett;

Sir William Berkley; and Sir John Colleton, their heirs and

Assigns, from time to time hereafter, forever, at his and their

will and pleasure, may Assign, Alien, Grant, Demise, or enfeoff

the premises, or any part or parcels thereof, to him or them that

shall be willing to purchase the same, and to such Person or

Persons as they shall think fit;

 

TO HAVE AND TO HOLD to them the said Person or Persons, their

heirs and Assigns, in Fee simple or Fee tail, or for term of life

or lives or years; to be held of them, the said Edward, Earl of

Clarendon; George, Duke of Albemarle; William, Lord Craven; John,

Lord Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir

William Berkley; and Sir John Colleton, their heirs and Assigns,

by such Rents, Services, and Customs as shall seem meet to the

said Edward, Earl of Clarendon; George, Duke of Albemarle;

William, Lord Craven; John, Lord Berkley; Anthony, Lord Ashley;

Sir George Carterett; Sir William Berkley; and Sir John Colleton,

their heirs and Assigns, and not immediately of us, our heirs and

Successors.

 

AND to the same Person or Persons, and to all and every of them,

WE DO give and Grant, by these presents, for us, our heirs and

 

Successors, Licence, authority, and power That such Person or

Persons may have or take the premises, or any parcel thereof, of

the said Edward, Earl of Clarendon; George, Duke of Albemarle;

William, Lord Craven; John, Lord Berkley; Anthony, Lord Ashley;

Sir George Carterett; Sir William Berkley; and Sir John Colleton,

their heirs and Assigns; and the same to hold to themselves, t

heir heirs or Assigns, in what estate of Inheritance soever, in

Fee simple of Fee tail or otherwise, as to them and the said Earl

of Clarendon; George, Duke of Albemarle; William, Lord Craven;

John, Lord Berkley; Anthony, Lord Ashley; Sir George Carterett ;

Sir William Berkley; and Sir John Colleton, their heirs and

Assigns, shall seem expedient; The Statute made in the Parliament

of Edward, Son of King Henry, heretofore King of England, our

Predecessor, commonly called the Statute of Quia Emptores

Terrarum, or any other Statute, Act, Ordinance, use, Law, Custom,

or any other matter, Cause, or thing heretofore published or

provided to the contrary in any wise notwithstanding.

 

AND because many Persons born or inhabiting in the said Province,

for their deserts and Services, may expect, and be capable of,

Marks of Honour and favour, which, in respect of the great

distance, cannot conveniently be Conferred by us:

 

OUR WILL AND PLEASURE, therefore, is, and We do, by these

presents, Give and Grant unto the said Edward, Earl of Clarendon;

George, Duke of Albemarle; William, Lord Craven; John, Lord

Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir William

Berkley; and Sir John Colleton, their Heirs and Assigns, full

Power and Authority to give and Confer, unto and upon such of the

Inhabitants of the said Province as they shall think do or shall

merit the same, such marks of favour and Titles of honour as they

shall think fit; so as those Titles or honours be not the same as

are enjoyed by or Conferred upon any the Subjects of this our

Kingdom of England.

 

AND FURTHER, also, We do, by these presents, for us, our heirs

and Successors, give and grant Licence to them, the said Edward,

Earl of Clarendon; George, Duke of Albemarle; William, Lord

Craven; John, Lord Berkley; Anthony, Lord Ashley; Sir George

Carterett; Sir William Berkley; and Sir John Colleton, their

heirs and Assigns, full power, liberty, and licence to Erect,

raise, and build, within the said Province and Places aforesaid,

or any part or parts thereof, such and so many Forts, Fortresses,

Castles , Cities, Boroughs, Towns, Villages, and other

Fortifications whatsoever; And the same, or any of them, to

Fortify and furnish with Ordnance, Powder, Shot, Armour, and all

other Weapons, Ammunition, and habiliments of War, both offensive

and defensive, as shall be thought fit and convenient, for the

safety and welfare of the said Province and Places, or any part

thereof; And the same, or any of them, from time to time, as

occasion shall require, to dismantle, disfurnish, demolish, and

pull down; and Also, to place, Constitute, and appoint, in or

over all or any of the said Castles, Forts, Fortifications,

Cities, Towns, and Places aforesaid, Governors, Deputy Governors,

 

Magistrates, Sheriffs, and other Officers, Civil and Military, as

to them shall seem meet;

 

AND to the said Cities, Boroughs, Town, Villages, or any other

Place or Places within the said Province, to grant Letters or

Charters of Incorporation, with all Liberties, Franchises, and

Privileges requisite and usual, or to or within any Corporations

within this our Kingdom of England granted or belonging; And in

the same Cities, Boroughs, Towns, and other Places, to

Constitute, Erect, and appoint such and so many Markets, Marts,

and Fairs as shall in that behalf be thought fit and necessary;

 

AND further, also, to Erect and make in the Province aforesaid,

or any part thereof, so many Manors as to them shall seem meet

and convenient; and in every of the same Manors to have and to

hold a Court Baron, with all things whatsoever which to a Court

Baron do belong; And to have and to hold Views of Frankpledge and

Courts Leet, for the Conservation of the Peace and better

Government of those parts, within such Limits, Jurisdiction, and

Precincts as by the said Edward, Earl of Clarendon; George, Duke

of Albemarle; William, Lord Craven; John, Lord Berkley; Anthony,

Lord Ashley; Sir George Carterett; Sir William Berkley; and Sir

John Colleton, or their heirs, shall be appointed for that

purpose, with all things whatsoever which to a Court Leet or View

of Frankpledge do belong; the same Courts to be held by Stewards,

to be Deputed and authorized by the said Edward, Earl of

Clarendon; George, Duke of Albemarle; William, Lord Craven; John,

Lord Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir

William Berkley; and Sir John Colleton, or their heirs, or by the

Lords of other Manors and Leets for the time being, when the same

shall be Erected.

 

AND because that, in so remote a Country and situate among so

many barbarous Nations, the Invasions as well of Savages as other

Enemies, Pirates, and Robbers may probably be feared:

 

THEREFORE, WE HAVE given, and, for us, our heirs and Successors,

Do give, power, by these presents, unto the said Edward, Earl of

Clarendon; George, Duke of Albemarle; William, Lord Craven; John,

Lord Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir

William Berkley; and Sir John Colleton, their heirs and Assigns,

by themselves or their Captains or other their Officers, to Levy,

Muster, and Train all sorts of men, of what Condition or

wheresoever born, in the said Province for the time being; and t

o make War and pursue the Enemies aforesaid, as well by Sea as by

land, yea, even without the limits of the said Province; and, by

God's assistance, to vanquish and take them, and being taken, to

put them to death, by the law of war, or to save them, at t heir

pleasure; and to do all and every other thing which unto the

Charge And Office of a Captain General of an Army belongs, or has

accustomed to belong, as fully and freely as any Captain General

of an Army has ever had the same.

 

ALSO, our Will and pleasure is, and, by this our Charter, WE DO

give unto the said Edward, Earl of Clarendon; George, Duke of

Albemarle; William, Lord Craven; John, Lord Berkley; Anthony,

Lord Ashley; Sir George Carterett; Sir William Berkley; and Sir

 

John Colleton, their heirs and Assigns, full power, liberty, and

authority, in case of rebellion, tumult, or Sedition, if any

should happen, which God forbid, either upon the land within the

Province aforesaid or upon the main Sea in making a Voyage

thither or returning from thence, by him and themselves, their

Captains, Deputies, or Officers, to be authorized under his or

their Seals for that purpose, to whom also, for us, our heirs and

Successors, WE DO give and Grant, by these presents, full power

and authority, to exercise Martial Law against mutinous and

seditious Persons of those parts, such as shall refuse to submit

themselves to their Government, or shall refuse to serve in the

Wars, or shall fly to the Enemy, or forsake their Colors or

Ensigns, or be loiterers or Stragglers, or otherwise howsoever

offending against Law, Custom, or Discipline Military; as freely

and in as ample manner and form as any Captain General of an

Army, by virtue of his Office, might, or has accustomed to, use

the same.  AND Our further pleasure is, and, by these presents,

for us, our heirs and Successors, WE DO Grant unto the said

Edward, Earl of Clarendon; George, Duke of Albemarle; William,

Lord Craven; John, Lord Berkley; Anthony, Lord Ashley; Sir George

Carterett;  Sir William Berkley; and Sir John Colleton, their

heirs and Assigns, and to the Tenants and Inhabitants of the said

Province of Carolina, both present and to come, and to every of

them, that the said Province, and the Tenants and Inhabitants

thereof, sh all not from henceforth be held or reputed a Member

or part of any Colony whatsoever, in America or elsewhere, now

transported or made, or hereafter to be transported or made; nor

shall be depending on, or subject to, their Government in any

thing, but be absolutely separated and divided from the same;

 

AND OUR pleasure is, by these presents, that they be separated,

and that they be subject immediately to our Crown of England, as

depending thereof, forever; And that the Inhabitants of the said

Province, nor any or them, shall, at any time hereafter, be

compelled or compellable, or be any ways subject or liable, to

appear or Answer to any matter, Suit, Cause, or Plaint

whatsoever, out of the Province aforesaid, in any other of our

Islands, Colonies, or Dominions, in America or elsewhere, other

than in our Realm of England and Dominion of Wales.

 

  AND because it may happen that some of the People and

Inhabitants of the said Province cannot in their private opinions

Conform to the Public Exercise of Religion according to the

Liturgy, forms, and Ceremonies of the Church of England, or take

or subscribe the Oaths and Articles made and established in that

behalf; AND for that the same, by reason of the remote distances

of those Places, Will, as We hope, be no breach of the unity and

uniformity established in this Nation:

 

OUR WILL and pleasure, therefore, is, AND WE DO, by these

presents, for us, our heirs and Successors, Give and Grant unto

the said Edward, Earl of Clarendon; George, Duke of Albemarle;

William, Lord Craven; John, Lord Berkley; Anthony, Lord Ashley;

Sir George Carterett; Sir William Berkley; and Sir John Colleton,

 

their heirs and Assigns, full and free Licence, liberty, and

Authority, by such legal ways and means as they shall think

fit, to give and grant unto such Person and Persons inhabiting

and being within the said Province, or any part thereof, Who

really in their Judgments, and for Conscience sake, cannot or

shall not Conform to the said Liturgy and Ceremonies, and take

and Subscribe the Oaths and Articles aforesaid, or any of them,

such Indulgencies and Dispensations in that Behalf, for and

during such time and times, and with such limitations and

restrictions, as they, the said Edward, Earl of Clarendon;

George, Duke of Albemarle; William, Lord Craven; John, Lord

Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir William

Berkley; and Sir John Colleton, their heirs or Assigns, shall, in

their discretions, think fit and reasonable;

 

AND with this express Proviso and Limitation also, that such

Person and Persons to whom such Indulgencies or Dispensations

shall be granted, as aforesaid, do and shall, from time to time,

Declare and continue all fidelity, Loyalty, and Obedience to us,

our heirs and Successors; and be subject and obedient to all

other the Laws, Ordinances, and Constitutions of the said

Province, in all matters whatsoever, as well Ecclesiastical as

Civil; And do not in any wise disturb the Peace and safety

thereof, or scandalize or reproach the said Liturgy, forms, and

Ceremonies, or any thing relating thereunto, or any Person or

Persons whatsoever for, or in respect of, his or their use or

exercise thereof, or his or their obedience or Conformity

thereunto.

 

AND in Case it shall happen that any doubts or questions should

arise concerning the true Sense and understanding of any word,

Clause, or Sentence contained in this our present Charter:

 

WE WILL, Ordain, and Command that, at all times and in all

things, such interpretation be made thereof, and allowed in all

and every of our Courts whatsoever, as lawfully may be Adjudged

most advantageous and favourable to the said Edward, Earl of

Clarendon; George, Duke of Albemarle; William, Lord Craven; John,

Lord Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir

William Berkley; and Sir John Colleton, their heirs and Assigns.

 

ALTHOUGH EXPRESS MENTION be not made in these presents of the

true yearly value and certainty of the premises, or any part

thereof, or of any other gifts and grants made by us, our

Ancestors or Predecessors, to them, the said Edward, Earl of

Clarendon; George, Duke of Albemarle; William, Lord Craven; John,

Lord Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir

William Berkley; and Sir John Colleton, or any other Person or

Persons whatsoever, Or any Statute, Act, Ordinance, Provision,

Proclamation, or restraint heretofore had, made, published,

ordained, or Provided, or any other thing, Cause, or matter

whatsoever to the contrary thereof in any wise notwithstanding.

 

IN WITNESS whereof We have caused these our Letters to be made

Patent.

 

WITNESS, our Self, at Westminster, the Four and Twentieth day of

March, in the Fifteenth year of our Reign.

 

 

 

By the King

HOWARD

 

 

 

Footnote #6

 

The Fundamental Constitutions, Granting North Carolina to the

lord Proprietors

 

 

Version of July 21, 1669

 

 

OUR Sovereign Lord the King having, out of his royal grace and

bounty, granted unto us the Province of Carolina, with all the

royalties, Proprieties, Jurisdictions, and privileges of a County

Palatine, as large and ample as the County Palatine of Durham,

with other great privileges; for the better settlement of the

Government of the said Place, and establishing the interest of

the Lords Proprietors with Equality, and without confusion; and

that the Government of this Province may be made most agreeable

un to the Monarchy under which we live, and of which this

province is a part; and that we may avoid erecting a numerous

Democracy: We, the true and absolute Lords and Proprietors of the

Province aforesaid, have agreed to this following form of

Government, to be perpetually established amongst us, unto which

we do oblige ourselves, our heirs and successors, in the most

binding ways that can be devised.

 

 

2. Out of the eight Proprietors there shall be chosen, by

themselves, a Palatine, who shall continue during life, whose son

shall not be capable of immediately succeeding him after his

death; but the eldest in Age of the other Proprietors shall

succeed, to prevent the making the office in this little

government Hereditary and to avoid the mischief of factions in

Elections.

 

 

3. There shall be Seven other chief offices erected, viz., the

chief Justice's, Chancellor's, Constable's, High Steward's,

Treasurer's, Chamberlain's, Admiral's; which places shall be

enjoyed by none but the Lords Proprietors, to be assigned at

first by lot; and upon the vacancy of any one of the seven great

Offices by death, or otherwise, the Eldest proprietor [shall]

have his choice of the said place.

 

 

4. Each Province shall be divided into Counties; each County

shall consist of eight Seigniories, eight Baronies, and four

precincts; each Precinct shall consist of Six Colonies

 

 

5. Each Colony, Seigniory, and Barony shall consist of twelve

thousand Acres, the eight Seigniories being the share of the

eight Proprietors, and the eight Baronies of the Nobility; both

which shares, being each of them a fifth part of the whole, are

to be perpetually annexed, the one to the Proprietors, the other

to the Hereditary Nobility, Leaving the Colonies, being three

fifths, amongst the people; that so, in the Setting out and

planting the lands, the Balance of Government may be preserved.

 

 

6. At any time before the year 1701, any of the [Lords]

Proprietors shall have power to relinquish, Alienate, and

dispose, to any other person, his Proprietorship, and all the

Seigniories, powers, and Interest thereunto belonging, wholly and

entirely together, and not otherwise. But after the

year 1700, those who are then [Lords] Proprietors shall not have

power to Alienate or make over their proprietorship, with

Seigniories and privileges thereunto belonging, or any part

thereof, to any person whatsoever , otherwise than as in article

18, but it shall descend unto their heirs male; and for want of

 

heirs male, it shall descend on that Landgrave or Cacique of

Carolina who is descended of the next heir female of the said

Proprietor; and for want of Such heirs, it shall descend on the

next heir general; and for want of Such heirs, the remaining

Seven proprietors shall, upon the Vacancy, choose a Landgrave to

succeed the deceased proprietor, who being chosen by the majority

of the Seven Surviving proprietors, he and his heirs Successively

shall be proprietors as fully, to all intents and purposes, as

any of the rest.

 

7. And that the number of eight Proprietors may be constantly

kept, if, upon the vacancy of any Proprietorship, the Surviving

Seven Proprietors shall not choose a Landgrave or [Cacique] as a

proprietor before the Second session of Parliament after the

vacancy, then the Parliament, at the next Session but one after

Such vacancy, shall have power to choose and Landgrave [or

Cacique] to be Proprietor; but whosoever after the year 1700,

either by inheritance or choice, shall Succeed any Proprietor in

his proprietorship, and Seigniories thereunto belonging, shall be

obliged to take the name and Arms of that proprietor whom he

Succeeds, which from thenceforth shall be the name and Arms of

his Family and their posterity.

 

8. Whatsoever Landgrave [or Cacique] shall be chosen into a

proprietorship shall take the Seigniories annexed to the said

proprietorship, but shall relinquish all the Baronies belonging

to his Landgraveship [or Caciqueship] to be disposed of by the

proprietors as in the following Articles.

 

9. To every County there shall be three as the hereditary

Nobility of this Palatinate, who shall be called the one a

Landgrave and the other two Caciques, and shall have place the in

the Parliament there; the Landgrave shall have four Baronies, and

the two Caciques, each of them, two apiece, hereditary, and

unalterably annexed to and settled upon the said Dignity.

 

10. The first Landgrave and Caciques of every County shall be

nominated, not by the Joint election of the Proprietors all

together, but the eight Proprietors shall, each of them

separately, nominate and choose one Landgrave and two Caciques

for the eight first Counties to be planted; and when the said

eight Counties shall be planted, the proprietors shall, n the

same manner, nominate and Choose eight more Landgraves and

sixteen aciques for the eight next Counties to be planted; and so

proceed, in the same manner, till the whole province of Carolina

be set out and planted according to the [proportions] in these

fundamental Constitutions.

 

11. Any Landgrave or Cacique, at any time before the year 1701,

shall ave power to alienate, sell, or make over, to any other

person, his dignity, with the Baronies thereunto belonging, all

entirely together; but after the year 1700, no Landgrave or

Cacique shall have power to alienate, Sell, make over, or let the

hereditary Baronies of his dignity, r any part thereof, otherwise

than as in Article 18; but they shall all entirely, with the

dignity thereunto belonging, descend unto his heirs male; and for

want of Such heirs Male, all entirely and undivided, to the next

heir general; and for want of Such heirs, shall devolve into the

 

hands of the Proprietors.

 

12. That the due number of Landgraves and Caciques may be always

kept up, if, upon the devolution of any Landgraveship or

Caciqueship, the Proprietors shall not settle the devolved

dignity, with the Baronies thereunto annexed, before the second

Session of Parliament after Such devolution, the Parliament, at

the next [Biennial] Session but one after Such devolution, shall

have power to make any one Landgrave or Cacique in the Room of

him, who dying with out heirs, his dignity and Baronies devolved.

 

13. No one person shall have more than one dignity, with the

Seigniories or Baronies thereunto belonging; but whensoever it

shall happen that any one who is already Proprietor, Landgrave,

or Cacique shall have any of those dignities descend to him by

inheritance, it shall be at his choice to keep one of the two

dignities, with the Lands annexed, he shall like best, but shall

leave the other, with the lands annexed, to be enjoyed by him

who, not being his heir apparent, and certain successor to his

present dignity, is next afterward.

 

14. Whosoever, by right of Inheritance, shall come to be

Landgrave or Cacique shall take the name and Arms of his

predecessor in that dignity, to be from thenceforth the Name and

Arms of his Family and their posterity.

 

15. Since the dignity of Proprietor, of 8 Landgrave, or Cacique

cannot be divided, and the Seigniories or Baronies thereunto

annexed must for ever, all entirely, descend with and accompany

that dignity, when ever, for want of heirs Male, it shall descend

upon the Issue Female, the Eldest Daughter and her heirs shall be

preferred; and in the Inheritance of those dignities, and in the

Seigniories or Baronies annexed, there shall be no Coheirs.

 

16. After the year 1700, whatsoever Landgrave or Cacique shall,

without leave from the Palatine's Court, be out of Carolina

during two successive biennial Parliaments shall, at the end of

the second biennial Parliament after such his absence, be

summoned by Proclamation: and if he come not into Carolina before

the next biennial Parliament after Such Summons, then it shall be

lawful for the grand Council, at a price set by the said Council

and approved by the Parliament, to sell the Baronies, with the

Dignities thereunto belonging, of the said absent Landgrave or

Cacique, all together, to any one to whom the said Council shall

think fit; but the price so paid for said Dignity or Baronies

shall be deposited in the Treasury, for the sole use and behoof

of the former owner, or his [heirs or] assigns.

 

17. In every Seigniory, Barony, and Manor, the Lord shall have

power in his own name, to hold Court there, for trying of all

causes, both Civil and Criminal; but where it shall concern any

other person being no Inhabitant, Vassal, or Leet man of the said

Barony or Seigniory [or manor], he, upon paying down of forty

shillings unto the Proprietors' use, shall have an appeal from

thence unto the County Court; and if the Lord be cast, the said

Lord shall pay unto the appellant the said forty shillings, with

other charges.

 

 

18. The Lords of Seigniories and Baronies shall have power only

of granting Estates, not exceeding three lives or one and thirty

years, in two thirds of the said Seigniories or Baronies; and the

remaining third shall be always Demesne.

 

19. Every Manor shall consist of not less than three thousand

Acres and not above twelve thousand Acres in one entire piece;

but any three thousand acres or more in one piece and the

possession of one Man shall not be a manor unless it be

constituted a manor by the grant of the Lords Proprietors.

 

20. Every Lord of a manor, within his manor, shall have all the

powers, Jurisdictions, and Privileges which a Landgrave or

Cacique has in his Baronies.

 

21. Any Lord of a manor may Alienate, sell, or dispose, to any

other person, and his heirs, for ever, [his manor], all entirely

together, with all the privileges and Leet men thereunto

belonging, so far forth as any other Colony Lands; but no grant

of any part thereof, either in fee or for any longer term than

three lives or twenty one years, shall be good against the next

heir; neither shall a manor, for want of Issue Male, be divided

amongst Coheirs; but the manor, if there be but one, shall all

entirely descend to the Eldest Daughter and [her] heirs; if there

be more manors than one in the possession of Palatine the

deceased, the Eldest Sister shall have her choice, the Second

next, and so on, beginning [again] at the Eldest, till all the

manors be taken up, that So, the privileges which belong to

manors being indivisible, the lands of the manor to which they

are annexed may be Kept entire, and the manor not lose those

privileges, which upon parcelling out to Several owners must

necessarily cease.

 

22. In every Seigniory, Barony, and manor, all the tenants or

Leet men shall be under the Jurisdiction of the Lord of the said

Seigniory, Barony, or Manor, without appeal from him unless as in

the Article 26; nor shall any Leet man or Leet woman have liberty

to go off from the Land of his particular Lord and live any where

else without Licences obtained from his Said Lord, under hand and

Seal.

 

23. All the Children of Leet men shall be Leet men, and so to

all generations.

 

24. NO man shall be capable of having a Court Leet or Leet men

but a Proprietor Landgrave, or Cacique, or Lord of a Manor.

 

25. Whoever is Lord of Leet men shall, upon the marriage of a

Leet man or Leet woman of his, give them ten Acres of Land for

their lives, they paying to him therefor one eighth of all the

yearly increase and growth of the said acres.

 

26. In case the Lord of any Seigniory, Barony, or manor shall

have made a Contract or agreement with his Tenants, which

agreement, by consent, is Registered in the next [precinct]

Registry, then, in Such case, the said Tenant may appeal unto, or

bring his Complaint originally in, the County Court for the

performance of such agreements, and not other wise.

 

27. There shall be eight Courts or Councils for the dispatch of

all affairs, the first, Called the Palatine's Court, to consist

of the Palatine and the other Seven Proprietors.  The other seven

courts of the other seven great Officers shall consist, each of

 

them, of a Proprietor and Six Councillors added to him; under

each of these latter seven [Courts] shall be a College of twelve

assistants. The twelve assistants [out] of the Several Colleges

shall be Chosen: two out of the Landgraves, by the Landgraves'

Chamber during the Session of Parliament; two out of the

Caciques, by the Caciques' Chamber during the Session of

Parliament; two out of the Landgraves, Caciques, or Eldest sons

of the Proprietors, by the Palatine's Court; four more of the

twelve shall be chosen by the Commons' Chamber, during the

Session of Parliament, out of such as have been or are members of

Parliament, Sheriffs, or Justices of the County Court; the other

two shall be Chosen by the Palatine's Court out of the aforesaid

members of Parliament, or Sheriffs, or Justices of the County

Court, or the Eldest sons of Landgraves or Caciques, or younger

Sons of Proprietors.

 

28. Out of these Colleges shall be Chosen Six Councillors to be

joined with each Proprietor in his Court; of which six, one shall

be of those who were Chosen into any of the Colleges by the

Palatine's Court out of the Landgraves, Caciques, or Eldest Sons

of Proprietors; one out of those who were Chosen into any of the

Colleges by the Landgraves' Chamber; and one [out of] those who

were Chosen into any one of the Colleges by the Caciques'

Chamber; two out of those who were Chosen into any one of the

Colleges by the Commons' Chamber; and one out of those who were

Chosen by the Palatine's Court into any of the Colleges out of

the Proprietors' younger Sons, or Eldest Sons of Landgraves or

Caciques, or Commons Qualified as aforesaid.

 

 

29. When it shall happen that any Councillor dies, and thereby

there is a vacancy, the grand council shall have power to remove

any Councillor that is willing to be removed out of any other of

the Proprietors' Courts to fill up this vacancy, provided they

take a man of the Same degree and choice the other was [of] whose

vacant place [is] to be filled; but if no Councillor consent to

be removed, or upon Such remove, the last remaining vacant place

in any of the Proprietors' Courts shall be filled up by the

choice of the grand Council, who shall have power to remove out

of any of the Colleges any Assistant who is of the same degree

and choice that Councillor was [of] into whose vacant place he is

to succeed; the grand Council, also, shall have power to remove

any Assistant that is willing out of one College into another,

provided he be of the same degree and choice; but the last

remaining vacant place in any College shall be filled up by the

same choice and out of the same degree of persons the Assistant

was of who is dead or removed. No Place shall be vacant in any

Proprietors' Court above six Months; no place shall be vacant in

any College longer than the next session of Parliament.

 

 

30. No man being a member of the grand Council or of any of the

seven Colleges shall be turned out but For misdemeanor, of which

the grand Council shall be Judge; and the vacancy of the person

so put out shall be filled, not by the Election of the grand

Council, but by those who first chose him, and out of the same

 

degree he was [of] who is expelled.

 

 

31. All Elections in the Parliament, in the Several Chambers of

the Parliament, and in the grand Council shall be passed by

balloting.

 

32. The Palatine's Court shall consist of the Palatine and Seven

Proprietors, wherein nothing shall be acted without the presence

and consent of the Palatine, or his Deputy, and three others of

the Proprietors, or their Deputies. [This Court] shall have power

to call Parliaments, to pardon all Offences, to make Elections of

all Officers in the Proprietors' dispose; and also, they shall

have power, by their Order to the Treasurer, to dispose of all

public Treasure, excepting money granted by the Parliament and by

them directed to Some [particular] public use; and also, they

shall have a Negative upon all Acts, Orders, Votes, and Judgments

of the grand Council and the Parliament; and shall have all the

powers granted to the Proprietors by their patent, except in such

things as are limited by these fundamental constitutions and form

of government.

 

33. The Palatine him self, when he in person shall be either in

the Army or in any of the Proprietors' Courts, shall then have

the power of General or of that Proprietor in whose Court he is

then present; and the Proprietor in whose Court the Palatine then

presides shall, during his presence there, be but as one of the

Council.

 

34. The Chancellor's Court, consisting of one of the Proprietors

and his six Councillors, who shall be called vice-chancellors,

shall have the Custody of the Seal of the Palatinate, under which

all charters, of Lands or otherwise, Commissions, and grants of

the Palatine's Court shall pass, etc. To this Court, also,

belongs all state matters, dispatches, and treaties, with the

Neighbour Indians or any other, so far forth as us permitted by

our Charter from our Sovereign Lord the King. To this office,

also, belongs all Innovations of the Law of Liberty of

conscience, and all disturbances of the public peace upon

pretence of Religion, as also, the Licence of printing. The

twelve assistants belonging to this Court shall be called

Recorders.

35. The Chancellor, or his Deputy, shall be always Speaker in

Parliament and President of the grand council, and in his and his

Deputy's absence, one of his Vice-Chancellors.

     The Chief Justice's Court, consisting of one of the

proprietors and his six Councillors, who shall be called Justices

of the Bench, shall Judge all appeals, both in cases Civil and

Criminal, except all Such cases as shall be under the

Jurisdiction and Cognizance of any other of the Proprietors'

Courts, which shall be tried in those Courts respectively.  The

Government and regulations of the Registries of writings and

contracts shall belong to the Jurisdiction of this Court. The

twelve assistants of this Court shall be called Masters.

 

36. The High Constable's Court, consisting of one of the

Proprietors and his six Councillors, who shall be called

Marshals, shall order and determine of all Military affairs

concern by land, and all land forces, Arms, Ammunition,

Artillery, Garrisons, and Forts, etc., and whatever belongs unto

war. His twelve assistants shall be called Lieutenant Generals.

 

In Court s time of actual war, The High Constable, whilst he is

in the Army, shall be General of the 42 Army, and the six

Councillors, or such of them as the Palatine's Court shall for

that time Courts [and service] appoint, shall be the immediate

great Officers under him, and the Lieutenant appeal. Generals

next to them.

 

37. The Admiral's Court, consisting of one of the Proprietors

and his Six Councillors, called Consuls, shall have the care and

inspection over all ports, Moles, and Navigable Rivers so far as

the Tide flows; and also, all the public Shipping of Carolina,

and stores thereunto belonging, and all maritime affairs. This

Court, also, shall have the power of the Court of Admiralty; and

also, to hear and try by Law-Merchant all cases in Matters of

shall Trade between the Merchants of Carolina amongst them

selves, arising without the limits of Carolina; as also, all

controversies in Merchandising that shall happen between be

Denizens of Carolina and foreigners. The twelve Assistants

belonging to this court shall be where l called proconsuls.

 

38. The Treasurer's Court, consisting of one proprietor and his

Six Councillors, called under-Treasurers, shall take care of all

matters that concerns the public revenue and Treasury. The twelve

assistants shall be called Auditors.

 

39. The High Steward's court, consisting of a proprietor and his

six Councillors, who shall be called Comptrollers, shall have the

care of all foreign and domestic Trade, factures, public

buildings and work-houses, high ways, passages by water above the

flood the of the Tide, drains, sewers and Banks against

inundations, Bridges, Posts, Carriers, Fairs, Markets, and all

things in order to Travel and commerce, and anything that may

corrupt, deprave, or Infect the common Air or water, and all

other things wherein the Public [trade], commerce, or health is

concerned; and also, the setting out and surveying of lands; and

also, the setting out and appointing [places] for towns to be

built on in the Precincts, and the prescribing and determining

the Figure and bigness of the said Towns according to such Models

as the said court shall order, contrary or differing from which

Models it shall not be lawful for any one to build in any Town.

 

40. This Court shall have power, also, to make any public

building or any new highway, or enlarge any old high way, upon

any Man's Land whatsoever; as also, to make cuts, Channels,

Banks, locks, and Bridges, for making Rivers Navigable, for

draining of Fens, or any other public uses; the damage the owner

of such land, on or through where any such public thing shall be

made, shall receive thereby shall be valued by a Jury of twelve

men of the Precinct in which any such thing is done, and

satisfaction shall be made accordingly by a Tax, either on the

County or that particular precinct, as the grand Council shall

think fit to order in that particular case. The twelve assistants

belonging to this Court shall becalled Surveyors.

 

41. The Chamberlain's Court, consisting of a proprietor and his

six Councillors, called Vice-Chamberlains, shall have the power

to convocate the grand Council; shall have the care of all

 

Ceremonies, Precedency, Heraldry, reception of public Messengers,

and pedigrees; the registries of all Births, Burials, and

Marriages; legitimation and all cases concerning Matrimony or

arising from it; and shall, also, have power to Regulate all

Fashions, Habits, Badges, Games, and Sports. The twelve

assistants belonging to this Court shall be called Provosts.

 

42. All causes belonging to, or under the Jurisdiction of, any of

the Proprietors' Courts shall in them respectively be tried and

ultimately determined, without any further appeal.

 

43. The proprietors' Courts shall have a power to mitigate all

fines and suspend all executions, either before or after

sentence, in any of the other respective Inferior Courts.

 

 

44. In all debates, hearings, or Trials in any of the

Proprietors' Courts, the twelve assistants belonging to the Said

Court respectively shall have Liberty to be present, but shall

not interpose unless their opinions be required, nor have any

Vote at all; but their [business shall] be, by direction of the

respective courts, to prepare Such business as shall be committed

to them; as also, to bear Such Offices and dispatch Such affairs,

either where the Court is kept or else where, as the Court shall

think fit.

 

45. In all the Proprietors' Courts [any] three shall make a

Quorum.

 

46. The grand Council shall consist of the Palatine, and Seven

Proprietors, and the forty two Councillors of the Several

Proprietors' Courts; who shall have power to determine any

Controversies that may arise between any of the Proprietors'

Courts about their respective Jurisdictions; to make peace and

war, Leagues, Treaties, etc., with any of the Neighbour Indians;

To issue out their General Orders to the Constable's and

Admiral's Court for the Raising, disposing, or disbanding the

Forces, by land or by Sea; to prepare all matters to be proposed

in Parliament; nor shall any Tax or law or other matters

whatsoever be proposed, debated, or Voted in Parliament but what

has first passed the grand Council and, in form of a bill to be

passed, is by them presented to the Parliament; nor shall any

bill So prepared [and presented by the grand Council to the

Parliament to be enacted, whether it be an antiquated Law or

otherwise, be voted or passed into an Act of Parliament], or be

at all Obligatory, unless it be three Several days read openly in

the Parliament, and then, afterwards, by Majority of Votes,

Enacted, during the same session wherein it was thrice read, and

also confirmed by the Palatine and three of the Proprietors as is

above said.

 

47. The grand Council shall always be Judges of all Causes and

appeals that concerns the Palatine, or any of the proprietors, or

any councillor of any Proprietors' Court in any Case which

otherwise should have been Tried in that Court in which the said

Councillor is Judge him self.

 

48. The Grand Council, by their warrants to the Treasurer's

Court, shall dispose of all the money given by the Parliament and

by them directed to any particular public use.

 

49. The Quorum of the grand Council shall be thirteen, whereof a

Proprietor, or his Deputy, shall be always one.

 

 

50. The Palatine, or any of the Proprietors shall have power,

under hand and seal, to be Registered in the grand Council, to

make a Deputy; who shall have the same power, to all intents and

purposes, that he himself who deputes him, except in confirming

Acts of Parliament, as in Article [70]; all Such deputation shall

cease and determine of them selves at the end of four years, and

at any time shall be revocable at the pleasure of the Deputator.

 

51. No Deputy of any Proprietor shall have any power whilst the

deputator is in any part of Carolina, except the Proprietor whose

deputy he is be a Minor.

52. During the minority of any Proprietor, his Guardian shall

have power to constitute and appoint his deputy.

 

53. The Eldest of the Proprietors who shall be personally in

Carolina shall of Course be the Palatine's Deputy; and if no

Proprietor be in Carolina, he shall choose his deputy out of the

heirs apparent of any of the Proprietors, if any such be there;

and if there be no heir apparent of any of the Proprietors, above

twenty one years old, in Carolina, then he shall choose for

Deputy any one of the Landgraves of the grand Council; and till

he have, by deputation, under hand and Seal, Chosen any one of

the forementioned heirs apparent or Landgrave to be his deputy,

the Eldest Man of the Landgraves, and for want of Landgraves, the

Eldest Man of the Caciques, who shall be personally in Carolina

shall of course be his deputy.

 

54. The Proprietors' deputy shall be always one of their own Six

Councillors respectively.

 

55. In every County there shall be a Court, consisting of a

Sheriff and four Justices of the County, being Inhabitants and

having, each of them, at least five hundred Acres of Freehold

within the said County, to be chosen and Commissionated from time

to time the Palatine's court; who shall try and Judge all appeals

from any of the precinct Courts.

56. For any personal causes Exceeding the value of two hundred

pounds, or in Title of Lands, or in any Criminal Cause, either

party, upon paying twenty pounds to the Proprietors' use, shall

have Liberty of Appeal from the County Court unto the respective

Proprietors' Court.

57. In every Precinct there shall be a Court, consisting of a

Steward and four Justices of the Precinct, being Inhabitants and

having three hundred Acres of Freehold within the said Precinct;

who shall Judge all Criminal causes, except for Treason, Murder,

and any other offences punished with death; and all civil causes

whatsoever, and in all personal actions not exceeding fifty

pounds without appeal; but where the Cause shall exceed that

Value, or concern a Title of land, and in all Criminal causes,

there, either party, upon paying five pounds to the Proprietors'

use, shall have

Liberty of appeal unto the County Court.

 

58. No cause shall be twice tried in any one Court, upon any

reason or pretence whatsoever.

 

59. For Treason, Murder, and all other offences punishable with

death, there shall be a Commission, twice a year at least,

granted unto one or more members of the [Grand] Council or

Colleges, who shall come as Itinerant Judges to the Several

 

Counties, and , with the Sheriff and four Justices, shall hold

assizes, and Judge all Such causes. But upon paying of fifty

pounds to the proprietors' use, there shall be Liberty of appeal

to the respective Proprietors' Court.

 

60. The grand Juries at the Several assizes shall have, upon

their Oaths, and, under their hands and Seals, deliver in to the

Itinerant Judges a presentment of Such grievances, Misdemeanors,

exigencies, or defects which they shall think necessary for the

Public good of the Country; which presentment shall, by the

Itinerant Judges, at the End of their circuit, be delivered in to

the grand Council at their next Sitting; and whatsoever therein

concerns the Execution of Laws already made, the Several

Proprietors' Courts, in the matters belonging to each of them

respectively, shall take Cognizance of [it], and [give] such

order about it as shall be Effectual for the due Execution of the

laws; but whatever concerns the making of any new laws shall be

referred to the Several respective Courts to which that matter

belongs, and by them prepared and brought to the grand Council.

 

61. For Terms, there shall be quarterly Such a certain number of

days, not exceeding twenty one at any one time, as the Several

respective Courts shall appoint; the time for the beginning of

the Term in the precinct Court shall be the first Monday in

January, April, July, and October; and in the County Court, the

first Monday of February, May, August, November; and in the

Proprietors' [Courts], the first Monday of March, June,

September, and December.

 

62. For Juries in the Precinct Court, no Man shall be a Jury Man

under fifty Acres of Freehold. In the County Court, or at the

assizes, no man shall be a Jury Man under two hundred acres of

Freehold. No man shall be a Grand Jury Man under three hundred

acres of freehold; and in the Proprietors' Courts, no Man shall

be a Jury Man under five hundred acres of Freehold.

 

63. Every Jury shall consist of twelve Men; and [it] shall [not]

be necessary they should all agree, but the Verdict shall be

according to the consent of the Majority.

 

64. It shall be a base and vile thing to Plead for money or

Reward; nor shall any one, except he be a Near Kinsman, not

farther off than Cousin German to the party concerned, be

admitted to plead another man's cause till, before the Judge in

open Court, he has taken an Oath that he does [not] pleas for

money or reward, nor has nor will receive, nor directly nor

indirectly bargained with the party, whose cause he is going to

Plead, for any money or other reward for Pleading his Cause.

 

65. There shall be a Parliament, consisting of the Proprietors,

or their deputies, the Landgraves and Caciques, and one

Freeholder out of every Precinct, to be Chosen by the Freeholders

of the said Precinct respectively. They shall sit all together in

one Room, and have every member one Vote.

 

66. No man shall be Chosen a member of Parliament who has less

than five hundred Acres of Freehold within the Precinct for which

he is Chosen; nor shall any have a vote in choosing the said

member that has less than fifty acres of Freehold within the said

 

precinct.

 

67. A new Parliament shall be assembled the first Monday of the

Month of November every second year, and shall meet and Sit in

the Town they last Sat in, without any Summons, unless by the

Palatine, or his Deputy, together with any three of the

Proprietors, or their Deputies, they be Summoned to meet at any

other place; and if there shall be any occasion of a Parliament

in these Intervals, it shall be in the power of the Palatine,

with any three of the Proprietors, to assemble them on forty

days' notice, at such time and place as they shall think fit; and

the Palatine, or his Deputy, with the ad vice and consent of any

three of the Proprietors, or their Deputies, shall have power to

dissolve the Said Parliament when they shall think fit.

 

68. At the opening of every Parliament, the first thing that

shall be done shall be the reading of these fundamental

constitutions, which the Palatine, and Proprietors, and the rest

of the members then present shall Subscribe. Nor shall any Person

whatsoever Sit or Vote in the Parliament till he has, that

Sessions, Subscribed these fundamental constitutions in a book

kept for that purpose by the Clerk of the Parliament.

 

69. And in order to the due Election of members for this

Biennial Parliament, it shall be lawful for the Freeholders of

the respective precincts to meet the first Tuesday in September

every two years, in the Same Town or place that they last met in,

to choose Parliament men, and there choose those members that are

to Sit the next November following, unless the Steward of the

Precinct shall, by Sufficient notice Thirty days before, appoint

some other place for their meeting in order to the Election.

 

70. No act or Order of Parliament shall be of any force unless

it be Ratified in open Parliament, during the same Session, by

the Palatine, or his Deputy, and three more of the Proprietors,

or their deputies; and then not to continue longer in force but

until the End of the next Biennial Parliament, unless in the mean

time it be Ratified under the hand and seal of the Palatine him

self and three more of the Proprietors them selves, and, by their

Order, published at the next Biennial Parliament.

 

71. Any Proprietor, or his Deputy, may enter his Protestation

against any act of the Parliament, before the Palatine or his

deputy's consent be given as aforesaid, if he shall conceive the

said act to be contrary to this Establishment or any of these

Fundamental Constitutions of the Government; and in Such case,

after a full and free debate, the several Estates shall retire

into four several Chambers, the Palatine and Proprietors into

one, the Landgraves into another, and the Caciques into another,

and those Chosen by the Precincts into a fourth; and if the major

part of any four of these Estates 2'shall Vote that the law is

not agreeable to this Establishment and fundamental constitution

of the Government, then it shall pass no further, but be as if it

had never been proposed.

 

72. To avoid multiplicity of laws, which by degrees always

change the Right foundations of the Original Government, all acts

of Parliament whatsoever, in what form soever passed or enacted,

 

shall, at the end of Sixty years after their enacting,

respectively Cease and determine of them selves, and, without any

repeal, become Null and void, as if no such acts or laws had ever

been made.

 

73. Since multiplicity of Comments, as well as of laws, have

great inconveniences, and Serve only to obscure and perplex, all

manner of comments and expositions on any part of these

fundamental constitutions, or on any part of the Common or

Statute law of Carolina, are absolutely prohibited.

 

74. There shall be a Registry in every precinct, wherein shall be

enrolled all deeds, Leases, Judgments, or other conveyances which

may concern any of the land within the Said Precinct; and all

Such conveyances not so entered or Registered shall not be of

force against any person not privy to the Said contract or

conveyance.

 

75. No man shall be Register of any Precinct who has not at least

three hundred acres of Freehold within the Said Precinct.

 

76. The freeholders of every Precinct shall nominate three men,

out of which three the Chief Justice court shall choose and

Commission one to be Register of the Said precinct, whilst he

shall well behave him self.

 

77. There shall be a Registry in every Colony, wherein shall be

Recorded all the Births, Marriages, and deaths that shall happen

within the said Colony.

 

78. No man shall be Register of a Colony that has not above fifty

acres of Freehold within the said Colony.

 

79. The time of every one's Age shall be Recorded from the day

that his Birth is entered in the Registry, and not before.

 

80. No Marriage shall be lawful, whatever Contract or Ceremonies

they have used till both the parties mutually own it before the

Colony Register, and he enter it, with the names of the Father

and mother of such party.

 

81. No man shall administer to the goods, or have right to them,

or enter upon the Estate, of any person deceased till his death

be Registered in the Colony Registry.

 

82. He that does not enter in the Colony Registry the death or

Birth of any person that dies in his house or ground shall pay to

the said Register one shilling per week for each Such neglect,

Reckoning from the time of each death or birth respectively to

the time of Registering it.

 

83. In like manner, the births, Marriages, and deaths of the

Lords Proprietors, Landgraves, and Caciques shall be Registered

in the Chamberlain's Court.

 

84. There shall be in every Colony one Constable, to be Chosen

annually by the Freeholders of the Colony, his Estate to be above

one hundred acres of Freehold within the Said Colony; and Such

Subordinate officers appointed for his assistance as the precinct

court shall find requisite, and shall be Established by the

Precinct court; the Election of the Subordinate annual officers

shall be also in the Freeholders of the Colony.

 

85. All Towns incorporate shall be Governed by a Mayor, twelve

Aldermen, and twenty four of the Common Council; the Said Common

Council to be chosen by the present householders of the Said

Town; and the Aldermen to be Chosen out of the Common Council,

and the Mayor out of the Aldermen, by the Palatine and the

Proprietors.

 

86. No man shall be permitted to be a Freeman of Carolina, or to

have any Estate or habitation within it, that does not

acknowledge a God, and that God is publicly and Solemnly to be

worshipped.

 

87. But since the Natives of that place, who will be concerned

in our Plantations, are utterly Strangers to Christianity, whose

Idolatry, Ignorance, or mistake gives us no right to expel or use

them ill; and those who remove from other parts to Plant there

will unavoidably be of different opinions concerning matters of

Religion, the liberty whereof they will expect to have allowed

them, and it will not be reasonable for us, on this account, to

keep them out- that Civil peace may be maintained amidst the

diversity of opinions, and our agreement and compact with all men

may be duly and faithfully observed, the violation whereof, upon

what pretence soever, cannot be without great offence to Almighty

God, and great Scandal to the true Religion that we profess; and

also, that heathens, Jews, and other dissenters from the purity

of Christian Religion may not be Scared and kept at a distance

from it, but, by having an opportunity of acquainting them selves

with the truth and reasonableness of its Doctrines, and the

peaceableness and inoffensiveness of its professors, may, by good

usage and persuasion, and all those convincing Methods of

Gentleness and meekness Suitable to the Rules and design of the

Gospel, be won over to embrace and unfeignedly receive the truth:

Therefore, any Seven or more persons agreeing in any Religion

shall constitute a church or profession, to which they shall give

Some name to distinguish it from others.

 

88. The terms of admittance and communion with any church or

profession shall be written in a book and therein be Subscribed

by all the members of the said church or profession.

 

89. The time of every one's Subscription and admittance shall be

dated in the said book, or record.

 

90. In the terms of Communion of every church or profession,

these following shall be three, without which no agreement or

assembly of men upon pretence of Religion shall be accounted a

Church or Profession within these Rules:

 

1. That there is a God.

2. That God is publicly to be worshipped.

3. That it is lawful, and the duty of every man, being thereunto

called by those that Govern, to bear witness to truth; and that

every church or profession shall, in their Terms of Communion,

Set down the External way whereby they witness a truth as in the

presence of God, whether it be by laying hands on and Kissing the

Gospel, as in the Protestant and Papist Churches, or by holding

up the hand, or any other Sensible way.

 

91. No person above seventeen years of Age shall have any

benefit or protection of the law, or be capable of any place of

profit or honor, who is not a member of Some church or

profession, having his name recorded in Some one, and but one

Religion Record at once.

 

92. The Religious Record of every church or profession shall be

kept by the public Register of the Precinct where they reside.

 

93. No man of any other Church or profession shall disturb or

molest any Religious Assembly.

 

 

94. No person whatsoever shall speak any thing in their

Religious assembly Irreverently or Seditiously of the Government

or Governors or States matters.

 

95. Any person Subscribing the terms of Communion of any church

or profession in the Record of the said church before the

Precinct Register and any one member of the church or profession

shall be thereby made a member of the Said church or profession.

 

96. Any person striking out his own name out of any Record, or

his name being struck out by any officer thereunto Authorized by

any church or profession, shall cease to be a member of that

Church or profession.

 

97. No person shall use any reproachful, Reviling, or abusive

language against the Religion of any Church or Profession, that

being the certain way of disturbing the public peace, and of

hindering the conversion of any to the truth, by engaging them in

Quarrels and animosities, to the hatred of the professors and

that profession, which otherwise they might be brought to assent

to.

 

98. Since Charity obliges us to wish well to the Souls of all

men, and Religion ought to alter nothing in any man's civil

Estate or Right, It shall be lawful for Slaves, as all others, to

enter them selves and be of what church any of them shall think

best, and thereof be as fully members as any freemen. But yet, no

Slave shall hereby be exempted from that civil dominion his

Master has over him, but be in all other things in the same State

and condition he was in before.

 

99. Assemblies, upon what pretence soever of Religion, not

observing and performing the above said Rules shall not be

Esteemed as churches, but unlawful meetings, and be punished as

other Riots.

 

100. No person whatsoever shall disturb, molest, or persecute

another for his speculative opinions in Religion or his way of

worship.

 

101. Every Freeman of Carolina shall have absolute Authority over

his Negro Slaves, of what opinion or Religion soever.

 

102. No person whatsoever shall hold or claim any land in

Carolina, by Purchase or gift or otherwise, from the Natives or

any other person whatsoever, but merely from and under the

[Lords] Proprietors, upon pain of forfeiture of all his Estate,

moveable or unmoveable, and perpetual Banishment.

 

103. Whoever shall possess any Freehold in Carolina, upon what

Title or grant soever, shall, at the farthest, from and after the

year 1689, pay yearly unto the Proprietors for each acre of Land,

English measure, as much fine Silver as is at this present in one

English penny, or the Value thereof, to be as a Chief Rent and

acknowledgment of the Proprietors, their heirs and Successors,

for ever; and it shall be lawful for the proprietors, by their

Officers, at any time, to take a new Survey of any man's land,

not to out him of any part of his possession, but that by Such a

Survey, the Just number of acres he possesses may be known, and

the Rent thereupon due may be paid by him.

 

104. All wrecks, mines, minerals, Quarries of Gems and precious

stones, with whale fishing, [Pearl fishing], and one half of all

ambergris, by whom soever found, shall wholly belong to the

Proprietors.

 

 

105. All Revenues and profits arising out of any thing but their

distinct particular Lands and possessions shall be divided into

ten parts, whereof the Palatine shall have three, and each

Proprietor one; but if the Palatine shall Govern by a Deputy, his

Deputy shall have one of those three tenths, and the Palatine the

other two tenths.

 

106. All Inhabitants and freemen of Carolina above seventeen

years of Age and under Sixty shall be bound to bear Arms and

serve as Soldiers whenever the grand Council shall find it

necessary.

 

[No 107 in manuscript]

 

108. A true Copy of these Fundamental Constitutions shall be kept

in a great book by the Register of every precinct, to be

Subscribed before the said Register. Nor shall any person, of

what condition or degree soever, above seventeen years Old, have

any Estate or possession in Carboline, or protection or benefit

of the law there, who has not Subscribed these fundamental

constitutions in this form:

     I, A. B., do promise to bear faith and true allegiance to

our sovereign Lord King Charles the Second; and will be true and

faithful to the [ Palatine and ] Lords Proprietors of Carolina;

and, with my utmost power, will defend them and maintain the

Government, according to this Establishment in these fundamental

constitutions.

 

109. And whatsoever Alien shall, in this form, before any

Precinct Register, Subscribe these fundamental Constitutions

shall be thereby Naturalized.

 

110. In The Same manner shall every person at his admittance

into any Office Subscribe these fundamental constitutions.

 

111. These fundamental constitutions, [in number 111], and every

part thereof, shall be, and remain as, the Sacred unalterable

form and Rule of Government [of Carolina] for ever. Witness our

hands and Seals, this twenty first day July, in the year of our

Lord 1669.

 

 

 

Footnote #6

 

 

THE FUNDAMENTAL CONSTITUTIONS

Revisions in the Version of July 21, 1669

 

Article 2 was struck out and the following was substituted: The

eldest of the Lords Proprietors shall be Palatine; and upon the

decease of the Palatine, the Eldest of the Seven Surviving

Proprietors shall always succeed him.

 

Article 6 was revised to read as follows: At any time before the

year 1701, any of the Lords Proprietors shall have power to

relinquish, Alienate, and dispose, to any other person, his

Proprietorship, and all the Seigniories, powers, and Interest

thereunto belonging, wholly and entirely together, and not

otherwise. But after the year 1700, those who are then Lords

Proprietors shall not have power to Alienate, make over, or let

their proprietorship, with the Seigniories and privileges

thereunto belonging, or any part thereof, to any person

whatsoever, otherwise than as in article 18, but it shall descend

unto their heirs male; and for want of heirs male, it shall

descend on that Landgrave or Cacique of Carolina who is descended

of the next heir female of the said Proprietor; and for want of

Such heirs, it shall descend on the next heir general; and for

want of Such heirs, the remaining Seven proprietors shall, upon

the Vacancy, choose a Landgrave to succeed the deceased

 

proprietor, who being chosen by the majority of the Seven

Surviving proprietors, he and his heirs Successively shall be

proprietors as fully, to all intents and purposes, as any of the

rest.

 

Article 7 was revised to read as follows: And that the number of

eight Proprietors may be constantly kept, if, upon the vacancy of

any Proprietorship, the Surviving Seven Proprietors

shall not choose a Landgrave as a Proprietor before the Second

Biennial Parliament after the vacancy, then the next Biennial

Parliament but one after Such vacancy shall have power to choose

any Landgrave to be Proprietor; but whosoever after the year

1700, either by inheritance or choice, shall Succeed any

Proprietor in his proprietorship, and Seigniories thereunto

belonging, shall be obliged to take the name and Arms of that

proprietor whom he Succeeds, which from thenceforth shall be the

name and Arms of his Family and their posterity.

 

Article 8 was struck out and the following was submitted:

Whatsoever Landgrave or Cacique shall any way come to be a

Proprietor shall take the Seigniories annexed to the said

Proprietorship, but his former dignity, with the Baronies

annexed, shall devolve into the hands of

the Lords Proprietors.

 

Article 10 was revised to read as follows: The first Landgrave

and Caciques of every County shall be nominated, not by the Joint

election of the Proprietors all together, but the eight

Proprietors shall, each of them separately, nominate and choose

one Landgrave and two Caciques to be the eight Landgraves and the

sixteen Caciques for the eight first Counties to be Planted; and

when the said eight Counties shall be planted, the proprietors

shall, in the same manner, nominate and Chose eight more

Landgraves and sixteen Caciques for the eight next Counties to be

appeal planted; and so proceed, in the same manner, till the

whole province of Carolina be set out Land and planted according

to the proportions in these fundamental Constitutions.

 

Article 12 was revised to read as follows: That the due number of

Landgraves and Caciques may be always kept up, if, upon the

devolution of any Landgraveship or Caciqueship The Palatine's

Court shall not settle the devolved dignity, with the Baronies

thereunto annexed, before the Second biennial Parliament after

Such devolution, the next Biennial Parliament but one after such

devolution shall have power to make any one Landgrave or Cacique

in the Room of him, who dying with out heirs, his dignity and

Baronies devolved.

 

 

Article 13 was revised to read as follows: No one person shall

have more than one dignity, with the Seigniories of Baronies

thereunto belonging; but whensoever it shall happen that any one

who is already Proprietor, Landgrave, or Cacique shall have any

of those dignities descend to him by inheritance, it shall be at

his choice to keep which of the two dignities, with the Lands

annexed, he shall like best, but shall leave the other, with the

lands annexed to be enjoyed by him who, not being his heir

apparent, and certain successor to his present dignity, is next

of blood, unless when a Landgrave or Cacique comes to be

proprietor, and then his former dignity and Baronies shall

 

devolve as in Article 8.

 

Article 16 was revised to read as follows: After the year 1700,

whatsoever Landgrave or Cacique shall, without leave from the

Palatine's Court, be out of Carolina during two successive

biennial Parliaments shall, at the end of the second biennial

Parliament after such his absence, be summoned by Proclamation;

and if he come not into Carolina before the next biennial

Parliament after Such Summons, then the Grand Council shall have

power thence forward to receive all the rents and profits arising

out of his Baronies until his return or death, and to dispose of

the said profits as they shall think fit.

 

Article 17 was revised to read as follows: In every Seigniory,

Barony, and Manor, the respective Lord shall have power, in his

own name, to hold Court there, for trying of all causes, both

Civil and Criminal; But where it shall concern any 2 person being

no inhabitant, vassal, or Leet man of the said Barony, Seigniory,

or manor, he, upon paying down of forty shillings to the Lords

Proprietors' use, shall have an appeal from t the Seigniory or

Barony Court to the County Court, and from the Manor Court to the

precinct Court.

 

Article 19 was revised to read as follows:

Every Manor shall consist of not less than three thousand Acres

and not above twelve thousand Acres in one entire piece; but any

three thousand acres or more in one piece and the possession of

one Man shall not be a manor unless it be constituted a manor by

the grant of the Palatine's Court.

 

Article 22 was revised to read as follows: In every Seigniory,

Barony, and manor, all the Leet men shall be under the

Jurisdiction of the respective Lord of the said Seigniory,

Barony, or Manor, without appeal from him; nor shall any Leet man

or Leet woman have liberty to go off from the Land of his

particular Lord and live any where else without Licences obtained

from his Said Lord, under hand and Seal.

 

Article 24 was revised to read as follows: No man shall be

capable of having a Court Leet or Leet men but a Proprietor,

Landgrave, or Cacique, or Lord of a Manor. Nor shall any man be a

Leet man who has not voluntarily entered himself a Leet man in

the Registry of the County Court.

 

Article 25 was revised to read as follows: Whoever is Lord of

Leet men shall, upon the marriage of a Leet man or Leet woman of

his, give them ten Acres of Land for their lives, they paying to

him therfor not more than one eighth of all yearly produce and

growth of the said ten acres.

 

Article 26 was struck out and the following was submitted: No

Landgrave or Cacique shall be tried for any criminal cause in any

but in the Chief Justice Court, and that by a jury of his peers.

 

Article 27 was revised to read as follows: There shall be eight

supreme Courts, the first, Called the Palatine's Court,

consisting of the Palatine and the other Seven Proprietors. The

other seven courts of the other 8 to him; under each of these

latter seven Courts shall be a College of twelve assistants. f '

The twelve assistants of the Several Colleges shall be Chosen:

two out of the Landgraves, by the Landgraves' Chamber; two out of

the Caciques, by the Caciques' Chamber;

 

two out of the Landgraves, Caciques, or Eldest sons of the

Proprietors, by the Palatine's Court;  four more of the twelve

shall be chosen by the Commons' Chamber out of such as have been

or are members of Parliament, Sheriffs, or Justices of the County

Court; the other two shall be Chosen by the Palatine's Court out

of the aforesaid members of Parliament, or Sheriffs, or Justices

of the County Court, or the Eldest sons of Landgraves or

Caciques, or younger Sons of Proprietors. |

 

Article 28 was revised to read as follows: Out of these Colleges

shall be Chosen Six Councillors to be joined with each Proprietor

in his Court; of which six, one shall be of those who were

Chosen into any of the Colleges by the Palatine's Court out of

the Landgraves, Caciques, or Eldest Sons of Proprietors; one out

of those who were chosen by the Landgrave's Chamber; and one out

of those who were Chosen by the Caciques' Chamber; two out of

those who were Chosen by the Commons' Chamber; and one out of

those who were Chosen by the Palatine's Court out of the

Proprietors' younger Sons, or Eldest Sons of Landgraves or

Caciques, or Commons Qualified as aforesaid.

 

Article 30 was revised to read as follows: No man being a member

of the grand Council or of any of the seven Colleges shall be

turned out but For misdemeanor, of which the grand Council shall

be Judge; and the vacancy of the person so put out shall be

filled, not by the Election of the grand Council, but by those

who first chose him, and out of the same degree he was of who is

expelled.  But is not hereby to be understood that the Grand

Council has any power to turn out any one of the Lords

Proprietors, or their Deputies, The Lords Proprietors having in

themselves an inherent original right.

 

Article 32 was revised to read as follows: The Palatine's Court

shall consist of the Palatine and Seven Proprietors, wherein

nothing shall be acted without the presence and consent of the

Palatine, or his Deputy, and three others of the Proprietors, or

their deputies. This Court shall have power to call Parliaments,

to pardon all Offences, to make Elections of all Officers in the

Proprietors' dispose, to nominate and appoint port towns; and

also, shall have power, by their Order to the Treasurer, to

dispose of all public Treasure, excepting money granted by the

Parliament and by them directed to some particular public use;

and also, shall have a Negative upon all Acts, Orders, Votes, and

Judgments of the grand Council and the Parliament. Except only as

in Articles 7 and 12; and also, shall have a negative upon all

Acts and orders of the Constable's Court and Admiral's Court

relating to wars; And shall have all the powers granted to the

Proprietors by their patent from our Sovereign Lord The King,

except in such things as are limited by these fundamental

constitutions.

 

Article 34 was revised to read as follows: The Chancellor's

Court, consisting of one of the Proprietors and his six

Councillors, who shall be called vice-chancellors, shall have the

Custody of the Seal of the Palatinate, under which all charters,

of Lands or otherwise, Commissions, and grants of the Palatine's

 

Court shall pass, etc. And it shall not be lawful to put the Seal

of the Palatinate to any Writing which is not signed by the

Palatine, or his Deputy, and three other Proprietors, or their

Deputies. To this Court, also, belongs all state matters,

dispatches, and treaties, with the Neighbour Indians or any

other, so far forth as is permitted by our Charter from our

Sovereign Lord the King. To this Court, also, belongs all

Invasions of the Law of Liberty of conscience, and all

disturbances of the public peace upon pretence of Religion, as

also, the Licence of printing. The twelve assistants belonging to

this Court shall be called Recorders.

 

Article 37 was revised to read as follows; The Admiral's Court,

consisting of one of the Proprietors and his Six Councillors,

called Consuls, shall have the care and inspection over all

ports, Moles, and Navigable Rivers so far as the Tide flows; and

also, all the public Shipping of Carolina, and stores thereunto

belonging, and all maritime affairs. This Court, also, shall have

the power of the Court of Admiralty, and also, to hear and try by

Law-Merchant all cases in Matters of Trade between the Merchants

of Carolina amongst them selves, arising without the limits of

Carolina; as also, all controversies in Merchandising that shall

happen between Denizens of Carolina and foreigners. The twelve

Assistants belonging to this court shall be called proconsuls. In

time of actual war, the High Admiral, whilst he is at Sea, Shall

command in chief, and his Six Councillors, or such of them as the

Palatine's Court shall for that time and service appoint, shall

be the immediate great officers under him, and the proconsuls

next to them.

 

Article 39 was revised to read as follows: The High Steward's

court, consisting of a proprietor and his six Councillors, who

shall be called Comptrollers, shall have the care of all foreign

and domestic Trade, Manufactures, public buildings and

workhouses, high ways, passages by water above the flood of the

Tide, drains, sewers and Banks against inundations, Bridges,

Posts, Carriers, Fairs, Markets, and all things in order to trade

and travel, and any thing that may corrupt, deprave, or infect

the common Air or water, and all other things wherein the Public

commerce or health is concerned; and also, the setting out and

surveying of lands; and also, the setting out and appointing

places for towns to be built on in the Precincts, and the

prescribing and determining the Figure and bigness of the said

Towns according to such Models as the said court shall order,

contrary or differing from which Models it shall not be lawful

for any one to build in any Town.

 

 

Another revision of Article 39 reads as follows:  The High

Steward' court, consisting of a proprietor and his six

Councillors, who shall be called Comptrollers, shall have the

care of all foreign and domestic Trade, Manufactures, public

buildings and workhouses, high ways, passages by water above the

flood of the Tide, drains, sewers and Banks against inundations,

Bridges, Posts, Carriers, Fairs, Markets, Corruptions or

infections of the common air and water, and all things in order

 

to public commerce and health....

 

[Nothing in the manuscript indicates which revision of Article 39

was adopted, but the latter appears in the March 1, 1670,

version. ]

 

Article 40 was first revised to read as follows: This Court shall

have power, also, to make any public building or any new high

way, or enlarge any old high way, upon any Man's Land whatsoever;

as also, to make cuts, Channels, Banks, locks, and Bridges, for

making Rivers Navigable, for draining of Fens, or any other

public uses; the damage the owner of such land, on or through

which any such public thing shall be made, shall receive therby

shall be valued by a Jury of twelve men of the Precinct in which

any such thing is done, and satisfaction shall be made

accordingly by a Tax, either on the County or that particular

precinct, as the grand Council shall think fit to order in that

particular case. And if it be a Seigniory or Barony on or through

which any such public thing shall be made, then the damage the

owner of the said Seigniory or Barony shall receive thereby shall

be valued by the High Steward's Court, and satisfaction shall be

made accordingly by a tax on the County. The twelve assistants

belonging to this Court shall be called Surveyors.

 

Article 40 was finally revised to read as follows: This Court

shall have power, also, to make any public building or any new

high way, or enlarge any old high way, upon any Man's Land

whatsoever; as also, to make cuts, Channels, Banks, locks, and

Bridges, for making Rivers Navigable, for draining of Fens, or

any other public uses; the damage the owner of such land, on or

through which any such public thing shall be made, shall receive

thereby shall be valued, and satisfaction made, by such ways as

the Grand Council shall appoint. The twelve assistants belonging

to this Court shall be called Surveyors.

 

Article 45 was struck out and the fouling was substituted: In all

the Proprietors' Courts, the Proprietor and any three of his

Councillors shall make a Quorum; Provided always, that, for the

better dispatch of business, it shall be in the power of the

Palatine's Court to direct what sort of causes shall be heard and

determined by a Quorum of any three.

 

Article 46 was revised to read as follows: The grand Council

shall consist of the Palatine, and Seven Proprietors, and the

forty two Councillors of the Several Proprietors' Courts; who

shall have power to determine any Controversies that may arise

between any of the Proprietors' Courts about their respective

Jurisdictions, or between the Members of one and the same Court

about their manner and methods of proceeding; to make peace and

war, Leagues, Treaties, etc., with any of the Neighbour Indians;

To issue out their General Orders to the Constable's and

Admiral's Court for the Raising, disposing, or disbanding the

Forces, by land or by Sea;  to prepare all matters to be proposed

in Parliament; nor shall any matter whatsoever be proposed in

Parliament but what his first passed the Grand Council, which,

after having been read three several days in the Parliament,

shall be passed or rejected.

 

 

Article 54 was revised to read as follows: Each Proprietor's

deputy shall be always one of their own Six Councillors

respectively; And in case any of the Proprietors has not, in his

absence out of Carolina, a Deputy in Carolina, commissioned under

his hand and seal, the Eldest Nobleman of his Court shall of

course be his Deputy.

 

Article 55 was struck out and the following was substituted:  In

Every County there shall be a Court, consisting of a Sheriff and

four Justices of the County Court, for Every precinct one. The

Sheriff Shall be an inhabitant of this County and have at least

five hundred acres of freehold within the said County; and the

Justices Shall be inhabitants and have, each of them, five

hundred acres apiece in the precinct for which they Serve

respectively. These five Shall be chosen, commissioned from time

to time by the Palatine's Court.

 

Article 57 was revised to read as follows: In every Precinct

there shall be a Court, consisting of a Steward and four Justices

of the Precinct, being Inhabitants and having three hundred Acres

of Freehold within the said Precinct; who shall Judge all

Criminal causes, except for Treason, Murder, and any other

offences punished with death and all criminal causes of the

Nobility; and all civil causes whatsoever, and in all personal

actions not exceeding fifty pounds without appeal;  but where the

Cause shall exceed that Value, or concern a Title of land, and in

all Criminal causes, there, either party, upon paying five pounds

to the Proprietors' use, shall have Liberty of appeal unto the

County Court.

 

Article 67 was revised to read as follows: A new Parliament shall

be assembled the first Monday of the Month of November every

second year, and shall meet and Sit in the Town they last Sat in,

without any Summons, unless by the Palatine's Court they be

Summoned to meet at any other place;  and if there shall be any

occasion of a Parliament in these Intervals, it shall be in the

power of the Palatine's Court to assemble them on forty days'

notice, at Such time and place as the said Court shall think fit;

and the Palatine's Court shall have power to dissolve the said

Parliament when they Shall think fit.

 

Article 71 was revised to read as follows: Any Proprietor, or his

Deputy, may enter his Protestation against any act of the

Parliament, before the Palatine or his deputy's consent be given

as aforesaid, if he shall conceive the said act to be contrary to

this Establishment or any of these Fundamental Constitutions of

the Government; and in Such case, after a full and free debate,

the several Estates shall retire into four several Chambers, the

Palatine and Proprietors into one, the Landgraves into another,

and the Caciques into another, and those Chosen by the Precincts

into a fourth; and if the major part of any of these four Estates

shall Vote that the law is not agreeable to this Establishment

and these fundamental constitution of the Government, then

it shall pass no further, but be as if it had never been

proposed. The Quorum of the Parliament shall be one half of those

who are members and capable of sitting in the house that present

 

session of Parliament. The Quorum of each of the Chambers of

Parliament shall be one half of the members of that Chamber.

 

Article 74 was revised to read as follows: There shall be a

Registry in every precinct, wherein shall be enrolled all deeds,

Leases, Judgments, mortgages, or other conveyances which may

concern any of the land within the Said Precinct; and all Such

conveyances not so entered or Registered shall not be of force

against any person not privy to the Said contract or conveyance.

 

Article 77 was revised to read as follows: There shall be a

Registry in every Seigniory, Barony, and Colony, wherein shall be

Recorded all the Births, Marriages, and deaths that shall happen

within the said Colony.

 

Article 79 was revised to read as follows: The time of every

one's Age that is born in Carolina shall be Reckoned from the day

that his Birth is entered in the Registry, and not before.

 

Article 80 was revised to read as follows: No marriage shall be

lawful, whatever Contract of Ceremonies they have used, till both

the parties mutually own it before the Register where they

were married, and he enter it, with the names of the Father and

mother of each party.

 

Article 81 was revised to read as follows: No man shall

administer to the goods, or have right to them, or enter upon the

Estate, of any person deceased till his death be Registered in

the Respective Registry.

 

Article 82 was revised to read as follows: He that does not enter

in the respective Registry the death or Birth or any person that

dies or is born in his house or ground shall pay to the said

Register one shilling per week for each Such neglect, Reckoning

from the time of each death or birth respectively to the time of

Registering it.

 

Article 84 was revised to read as follows: There shall be in

every Colony one Constable, to be Chosen annually by the

Freeholders of the Colony, his Estate to be above one hundred

acres of Freehold within the Said Colony; and Such Subordinate

officers appointed for his assistance as the County Court shall

find requisite, and shall be Established by the said County

court; the Election of the Subordinate annual officers shall be

also in the Freeholders of the Colony.

Article 85 was revised to read as follows: All Towns incorporate

shall be Governed by a Mayor, twelve Aldermen, and twenty four of

the Common Council; the Said Common Council to be chosen by the

present householders of the Said Town; and the Aldermen to be

Chosen out of the Common Council, and the Mayor out of the

Aldermen, by the Palatine's Court.

 

Article 90 was revised to read as follows: In the terms of

Communion of every church or profession, these following shall be

three, without which no agreement or assembly of men upon

pretence of Religion shall be accounted a Church or Profession

within these Rules:

 

1. That there is a God.

2. That God is publicly to be worshipped.

3. That it is lawful, and the duty of every man, being thereunto

called by those that Govern, to bear witness to truth; and that

every church or profession shall, in their Terms of Communion,

Set down the External way whereby they  witness a truth as in the

 

presence of God, whether it be by laying hands on and Kissing the

Bible, as in the Protestant and Papist Churches, or by holding up

the hand, or any other Sensible way.

 

Article 95 was revised to read as follows: Any person Subscribing

the terms of Communion of any church or profession in the Record

of the said church before the Precinct Register and any five

members of the church or profession shall be thereby made a

member of the Said church or profession.

 

Article 96 was revised to read as follows: Any person striking

out his own name out of any religious Record, or his name being

struck out by any officer thereunto Authorized by Each church or

profession respectively, shall cease to be a member of that

Church or profession.

 

Article 101 was revised to read as follows: Every Freeman of

Carolina shall have absolute power and Authority over his Negro

Slaves, of what opinion or Religion soever.

 

 

 

 

Footnote #7

 

 

PROCLAMATION OF 1763, Charter of Florida

 

 

 

October 7, 1763

By the King, a Proclamation George R.

Whereas We have taken into Our Royal Consideration the extensive

and valuable Acquisitions in America, secured to our Crown by the

late Definitive Treaty of Peace concluded at Paris, the 10th Day

of February last; and being desirous that all Our loving

Subjects, as well of our Kingdom as of our Colonies in America,

may avail themselves with all convenient Speed, of the great

Benefits and Advantages which must accrue therefrom to their

Commerce, Manufactures, and Navigation, We have thought fit, with

the Advice of our Privy Council, to issue this our Royal

Proclamation, hereby to publish and declare to all our loving

Subjects, that we have, with the Advice of our Said Privy

Council, granted our Letters Patent, under our Great Seal of

Great Britain, to erect, within the Countries and Islands ceded

and confirmed to Us by the said Treaty, Four distinct and

separate Governments, styled and called by the names of Quebec,

East Florida, West Florida and Grenada, and limited and bounded

as follows, viz.

 

First - The Government of Quebec bounded on the Labrador Coast by

the River St. John, and from thence by a Line drawn from the Head

of that River through the Lake St. John, to the South end of the

Lake Nipissim; from whence the said Line, crossing the River St.

Lawrence, and the Lake Champlain, in 45. Degrees of North

Latitude, passes along the High Lands which divide the Rivers

that empty themselves into the said River St. Lawrence from those

which fall into the Sea; and also along the North Coast of the

Baye des Chaleurs, and the Coast of the Gulph of St. Lawrence to

Cape Rosieres, and from thence crossing the Mouth of the River

St. Lawrence by the West End of the Island of Anticosti,

terminates at the aforesaid River of St. John.

 

Secondly - The Government of East Florida, bounded to the

Westward by the Gulph of Mexico and the Apalachicola River; to

the Northward by a Line drawn from that part of the said River

where the Chatahouchee and Flint Rivers meet, to the source of

St. Mary's River, and by the course of the said River to the

Atlantic Ocean; and the Eastward and Southward by the Atlantic

 

Ocean and the Gulph of Florida, including all Islands within Six

Leagues of the Sea Coast.

Thirdly - The Government of West Florida, bounded to the

Southward by the Gulph of Mexico, including all Islands within

Six Leagues of the Coast, from the River Apalachicola to Lake

Pontchartrain; to the Westward by the said Lake, the Lake

Maurepas, and the River Mississippi; to the Northward by a Line

drawn due East from that part of the River Mississippi which lies

in 31 Degrees North Latitude, to the River Apalachicola or

Chatahouchee; and the Eastward by the said River

 

Fourthly - The Government of Grenada, comprehending the Island of

that name, together with the Grenadines, and the Islands of

Dominico, St. Vincent's and Tobago.

 

And to the end that the open and free Fishery of our Subjects may

be extended to and carried on upon the Coast of Labrador, and the

adjacent Islands, We have thought fit, with the advice of our

said Privy Council to put all that Coast, from the River St.

John's to Hudson's Streights, together with the Islands of

Anticosti and Madelaine, and all other smaller Islands lying upon

the said Coast, under the care and Inspection of our Governor of

Newfoundland. We have also, with the advice of our Privy Council,

thought fit to annex the Islands of St. John's and Cape Breton,

or Isle Royale, with the lesser Islands adjacent thereto, to our

Government of Nova Scotia. We have also, with the advice of our

Privy Council aforesaid, annexed to our Province of Georgia all

the Lands lying between the Rivers Alatamaha and St. Mary's.

 

And whereas it will greatly contribute to the speedy settling of

our said new Governments, that our loving Subjects should be

informed of our Paternal care, for the security of the Liberties

and Properties of those who are and shall become Inhabitants

thereof, We have thought fit to publish and declare, by this Our

Proclamation, that We have, in the Letters Patent under our Great

Seal of Great Britain, by which the said Governments are

constituted, given express Power and Direction to our Governors

of our Said Colonies respectively, that so soon as the state and

circumstances of the said Colonies will admit thereof, they

shall, with the Advice and Consent of the Members of our Council,

summon and call General Assemblies within the said Governments

respectively, in such Manner and Form as is used and directed in

those Colonies and Provinces in America which are under our

immediate Government;

 

And We have also given Power to the said Governors, with the

consent of our Said Councils, and the Representatives of the

People so to be summoned as aforesaid, to make, constitute, and

ordain Laws, Statutes, and Ordinances for the Public Peace,

Welfare, and good Government of our said Colonies, and of the

People and Inhabitants thereof, as near as may be agreeable to

the Laws of England, and under such Regulations and Restrictions

as are used in other Colonies; and in the mean Time, and until

such Assemblies can be called as aforesaid, all Persons

Inhabiting in or resorting to our Said Colonies may confide in

our Royal Protection for the Enjoyment of the Benefit of the Laws

 

of our Realm of England; for which Purpose We have given Power

under our Great Seal to the Governors of our said Colonies

respectively to erect and constitute, with the Advice of our said

Councils respectively, Courts of Judicature and public Justice

within our Said Colonies for hearing and determining all Causes,

as well Criminal as Civil, according to Law and Equity, and as

near as may be agreeable to the Laws of England, with Liberty to

all Persons who may think themselves aggrieved by the Sentences

of such Courts, in all Civil Cases, to appeal, under the usual

Limitations and Restrictions, to Us in our Privy Council.

 

We have also thought fit, with the advice of our Privy Council as

aforesaid, to give unto the Governors and Councils of our said

Three new Colonies, upon the Continent full Power and Authority

to settle and agree with the Inhabitants of our said new Colonies

or with any other Persons who shall resort thereto, for such

Lands, Tenements and Hereditaments, as are now or hereafter shall

be in our Power to dispose of; and them to grant to any such

Person or Persons upon such Terms, and under such moderate

Quit-Rents, Services and Acknowledgments, as have been appointed

and settled in our other Colonies, and under such other

Conditions as shall appear to us to be necessary and expedient

for the Advantage of the Grantees, and the Improvement and

settlement of our said Colonies.

 

And Whereas, We are desirous, upon all occasions, to testify our

Royal Sense and Approbation of the Conduct and bravery of the

Officers and Soldiers of our Armies, and to reward the same, We

do hereby command and impower our Governors of our said Three new

Colonies, and all other our Governors of our several Provinces on

the Continent of North America, to grant without Fee or Reward,

to such reduced Officers as have served in North America during

the late War, and to such Private Soldiers as have been or shall

be disbanded in America, and are actually residing there, and

shall personally apply for the same, the following Quantities of

Lands, subject, at the Expiration of Ten Years, to the same Quit-

Rents as other Lands are subject to in the Province within which

they are granted, as also subject to the same Conditions of

Cultivation and Improvement; viz.

 

To every Person having the Rank of a Field Officer -- 5,000

Acres.

To every Captain -- 5,000 Acres.

To every Subaltern or Staff Officer, -- 2,000 Acres.

To every Non-Commission Officer, -- 200 Acres.

To every Private Man -- 50 Acres.

 

We do likewise authorize and require the Governors and Commanders

in Chief of all our said Colonies upon the Continent of North

America to grant the like Quantities of Land, and upon the same

conditions, to such reduced Officers of our Navy of like Rank as

served on board our Ships of War in North America at the times of

the Reduction of Louisbourg and Quebec in the late War, and who

shall personally apply to our respective Governors for such

Grants.

 

And whereas it is just and reasonable, and essential to our

Interest, and the Security of our Colonies, that the several

Nations or Tribes of Indians with whom We are connected, and who

 

live under our Protection, should not be molested or disturbed in

the Possession of such Parts of Our Dominions and Territories as,

not having been ceded to or purchased by Us, are reserved to

them, or any of them, as their Hunting Grounds.

 

We do therefore, with the Advice or our Privy Council, declare it

to be our Royal Will and Pleasure, that no Governor or Commander

in Chief in any of our Colonies of Quebec, East Florida, or West

Florida, do presume, upon any Pretence whatever, to grant

Warrants of Survey, or pass any Patents for Lands beyond the

Bounds of their respective Governments, as described in their

Commissions; as also that no Governor or Commander in Chief in

any of our other Colonies or Plantations in America do presume

for the present, and until our further Pleasure be known, to

grant Warrants of Survey, or pass Patents for any Lands beyond

the Heads or Sources of any of the Rivers which fall into the

Atlantic Ocean from the West and North West, or upon any Lands

whatever, which, not having been ceded to or purchased by Us as

aforesaid, are reserved to the said Indians, or any of them.

 

And We do further declare it to be Our Royal Will and Pleasure,

for the present as aforesaid, to reserve under our Sovereignty,

Protection, and Dominion, for the use of the said Indians, all

the Lands and Territories not included within the Limits of Our

said Three new Governments, or within the Limits of the Territory

granted to the Hudson's Bay Company, as also all the Lands and

Territories lying to the Westward of the Sources of the Rivers

which fall into the Sea from the West and North West as

aforesaid.

 

And We do hereby strictly forbid, on Pain of our Displeasure, all

our loving Subjects from making any Purchases or Settlements

whatever, or taking Possession of any of the Lands above

reserved, without our especial leave and Licence for that Purpose

first obtained.

 

And, We do further strictly enjoin and require all Persons

whatever who have either wilfully or inadvertently seated

themselves upon any Lands within the Countries above described,

or upon any other Lands which, not having been ceded to or

purchased by Us, are still reserved to the said Indians as

aforesaid, forthwith to remove themselves from such Settlements.

 

And whereas great Frauds and Abuses have been committed in

purchasing Lands of the Indians, to the great Prejudice of our

Interests, and to the great Dissatisfaction of the said Indians;

In order, therefore, to prevent such Irregularities for the

future, and to the end that the Indians may be convinced of our

Justice and determined Resolution to remove all reasonable Cause

of Discontent, We do, with the Advice of our Privy Council

strictly enjoin and require, that no private Person do presume to

make any purchase from the said Indians of any Lands reserved to

the said Indians, within those parts of our Colonies where, We

have thought proper to allow Settlement; but that, if at any Time

any of the Said Indians should be inclined to dispose of the said

Lands, the same shall be Purchased only for Us, in our Name, at

some public Meeting or Assembly of the said Indians, to be held

 

for that Purpose by the Governor or Commander in Chief of our

Colony respectively within which they shall lie; and in case they

shall lie within the limits of any Proprietary Government, they

shall be purchased only for the Use and in the name of such

Proprietaries, conformable to such Directions and Instructions as

We or they shall think proper to give for that Purpose; And we

do, by the Advice of our Privy Council, declare and enjoin, that

the Trade with the said Indians shall be free and open to all our

Subjects whatever, provided that every Person who may incline to

Trade with the said Indians do take out a Licence for carrying on

such Trade from the Governor or Commander in Chief of any of our

Colonies respectively where such Person shall reside, and also

give Security to observe such Regulations as We shall at any Time

think fit, by ourselves or by our Commissaries to be appointed

for this Purpose, to direct and appoint for the Benefit of the

said Trade:

 

And we do hereby authorize, enjoin, and require the Governors and

Commanders in Chief of all our Colonies respectively, as well

those under Our immediate Government as those under the

Government and Direction of Proprietaries, to grant such Licences

without Fee or Reward, taking especial Care to insert therein a

Condition, that such Licence shall be void, and the Security

forfeited in case the Person to whom the same is granted shall

refuse or neglect to observe such Regulation as We shall think

proper to prescribe as aforesaid.

 

And we do further expressly enjoin and require all Officers

whatever, as well Military as those Employed in the Management

and Direction of Indian Affairs, within the Territories reserved

as aforesaid for the use of the said Indians, to seize and

apprehend all Persons whatever, who standing charged with

Treason, Misprisions of Treason, Murders, or other Felonies or

Misdemeanors, shall fly from Justice and take Refuge in the said

Territory, and to send them under a proper guard to the Colony

where the Crime was committed of which they stand accused, in

order to take their Trial for the same.

 

Given at our Court at St. James's the 7th Day of October 1763, in

the Third Year of our Reign.

GOD SAVE THE KING

 

 

 

 

Footnote #8

 

1670 Charter

THE ROYAL CHARTER incorporating The Hudson's Bay Company 2 May

1670

 

CHARLES THE SECOND By the grace of God King of England Scotland

France and Ireland defender of the faith &c

 

TO ALL to whom these presents shall come greeting

 

WHEREAS Our Dear and entirely Beloved cousin Prince Rupert Count

Palatine of the Rhine Duke of Bavaria and Cumberland &c

Christopher Duke of Albemarle William Earl of Craven Henry Lord

Arlington Anthony Lord Ashley Sir John Robinson and Sir Robert

Vyner Knights and Baronets Sir Peter Colleton Baronet Sir Edward

Hungerford Knight of the Bath Sir Paul Neil Knight Sir John

Griffith and Sir Philip Carteret Knights James Hayes John Kirke

Francis Millington William Prettyman John Fenn Esquires and John

Portman Citizen and Goldsmith of London have at their own great

cost and charge undertaken an EXPEDITION for Hudson's Bay in the

North west part of America for the discovery of a new Passage

 

into the South Sea and for the finding some Trade for Furs

Minerals and other considerable Commodities and by such their

undertaking have already made such discoveries as do encourage

them to proceed further in pursuance of their said design by

means whereof there may probably arise very great advantage to us

and our Kingdom

 

AND WHEREAS the said undertakers for their further encouragement

in the said design have humbly besought us to Incorporate them

and grant unto them and their successors the sole Trade and

Commerce of all those Seas Straits Bays Rivers Lakes Creeks and

Sounds in whatsoever Latitude they shall be that lie within the

entrance of the Straits commonly called Hudson's Straits together

with all the Lands Countries and Territories upon the Coasts and

Confines of the Seas Straits Bays Lakes Rivers Creeks and Sounds

aforesaid which are not now actually possessed by any of our

Subjects or by the Subjects of any other Christian Prince or

State

 

NOW KNOW YE that We being desirous to promote all Endeavours

tending to the public good of our people and to encourage the

said undertaking HAVE of our especial grace certain knowledge and

mere motion Given granted ratified and confirmed And by these

Presents for us our heirs and Successors DO give grant ratify and

confirm unto our said Cousin Prince Rupert Christopher Duke of

Albemarle William Earl of Craven Henry Lord Arlington Anthony

Lord Ashley Sir John Robinson Sir Robert Vyner Sir Peter Colleton

Sir Edward Hungerford Sir Paul Neil Sir John Griffith and Sir

Philip Carteret James Hayes John Kirke Francis Millington William

Prettyman John Fenn and John Portman That they and such others as

shall be admitted into the said Society as is hereafter expressed

shall be one Body Corporate and Politic in deed and in name by

the name of the Governor and Company of Adventurers of England

trading into Hudson's Bay and them by the name of the Governor

and Company of Adventurers of England trading into Hudson's Bay

one Body Corporate and Politic in deed and in name really and

fully for ever for us our heirs and successors WE DO make ordain

constitute establish confirm and declare by these Presents and

that by the same name of Governor & Company of Adventurers of

England Trading into Hudson's Bay they shall have perpetual

succession And that they and their successors by the name of

Governor and Company of Adventurers of England Trading into

Hudson's Bay be and at all times hereafter shall be persons able

and capable in Law to have purchase receive possess enjoy and

retain Lands Rents privileges liberties Jurisdictions Franchises

and hereditaments of what kind nature and quality soever they be

to them and their Successors And also to give grant demise alien

assign and dispose Lands Tenements and hereditaments and to do

and execute all and singular other things by the same name that

to them shall or may appertain to do   And that they and their

Successors by the name of the Governor and Company of Adventurers

of England Trading into Hudson's Bay may plead and be impleaded

answer and be answered defend and be defended in whatsoever

Courts and places before whatsoever Judges and Justices and other

 

persons and Officers in all and singular Actions Pleas Suits

Quarrels causes and demands whatsoever of whatsoever kind nature

or sort in such manner and form as any other our Liege people of

this our Realm of England being persons able and capable in Law

may or can have purchase receive possess enjoy retain give grant

demise alien assign dispose plead defend and be defended do

permit and execute   And that the said Governor and Company of

Adventurers of England Trading into Hudson's Bay and their

successors may have a Common Seal to serve for all the causes and

businesses of them and their Successors and that it shall and may

be lawful to the said Governor and Company and their Successors

the same Seal from time to time at their will and pleasure to

break change and to make a new or alter as them shall seem

expedient

 

AND FURTHER WE WILL

 

And by these presents for us our Heirs and successors WE DO

ordain that there shall be from henceforth one of the same

Company to be elected and appointed in such form as hereafter in

these presents is expressed which shall be called The Governor of

the said Company   And that the said Governor and Company shall

or may elect seven of their number in such form as hereafter in

these presents is expressed which shall be called the Committee

of the said Company which Committee of seven or any three of them

together with the Governor or Deputy Governor of the said Company

for the time being shall have the direction of the Voyages of and

for the said Company and Provision of the Shipping and

Merchandises thereunto belonging and also the sale of all

merchandises Goods and other things returned in all or any the

Voyages or Ships of or for the said Company and the managing and

handling of all other business affairs and things belonging to

the said Company

 

AND WE WILL ordain and Grant by these presents for us our heirs

and successors unto the said Governor and Company and their

successors that they the said Governor and Company and their

successors shall from henceforth for ever be ruled ordered and

governed according to such manner and form as is hereafter in

these presents expressed and not otherwise And that they shall

have hold retain and enjoy the Grants Liberties Privileges

Jurisdictions and Immunities only hereafter in these presents

granted and expressed and no other And for the better WE HAVE

ASSIGNED nominated constituted and made And by these presents for

us our heirs and successors WE DO ASSIGN nominate constitute and

make our said Cousin Prince Rupert to be the first and present

Governor of the said Company and to continue in the said Office

from the date of these presents until the tenth of November then

next following if he the said Prince Rupert shall so long live

and so until a new Governor be chosen by the said Company in form

hereafter expressed AND ALSO WE HAVE assigned nominated and

appointed And by these presents for us our heirs and Successors

WE DO assign nominate and constitute the said Sir John Robinson

Sir Robert Vyner Sir Peter Colleton James Hayes John Kirke

Francis Millington and John Portman to be the seven first and

present Committees of the said Company from the date of these

 

presents until the said tenth Day of November then also next

following and so until new Committees shall be chosen in form

hereafter expressed AND FURTHER WE WILL and grant by these

presents for us our heirs and Successors unto the said Governor

and Company and their successors that it shall and may be lawful

to and for the said Governor and Company for the time being or

the greater part of them present at any public Assembly commonly

called the Court General to be holden for the said Company the

Governor of the said Company being always one from time to time

elect nominate and appoint one of the said Company to be Deputy

to the said Governor which Deputy shall take a corporal Oath

before the Governor and three or more of the Committee of the

said Company for the time being well truly and faithfully to

execute his said Office of Deputy to the Governor of the said

Company and after his Oath so taken shall and may from time to

time in the absence of the said Governor exercise and execute the

Office of Governor of the said Company in such sort as the said

Governor ought to do AND FURTHER WE will and grant and by these

presents for us our heirs and Successors unto the said Governor

and Company of Adventurers of England trading into Hudson's Bay

and their Successors That they or the greater part of them

whereof the Governor for the Time being or his Deputy to be one

from time to time and at all times hereafter shall and may have

authority and power yearly and every year the first and last day

of November to assemble and meet together in some convenient

place to be appointed from time to time by the Governor or in his

absence by the Deputy of the said Governor for the time being And

that they being so assembled it shall and may be lawful to and

for the said Governor or Deputy of the said Governor and the said

Company for the time being or the greater part of them which then

shall happen to be present whereof the Governor of the said

Company or his Deputy for the time being to be one to elect and

nominate one of the said Company which shall be Governor of the

same Company for one whole year then next following which person

being so elected and nominated to be Governor of the said Company

as is aforesaid before he be admitted to the Execution of the

said Office shall take a Corporal Oath before the last Governor

being his Predecessor or his Deputy and any three or more of the

Committee of the said Company for the time being that he shall

from time to time well and truly execute the Office of Governor

of the said Company in all things concerning the same and that

Immediately after the same Oath so taken he shall and may execute

and use the said Office of Governor of the said Company for one

whole year from thence next following and in like sort We will

and grant that as well every one of the above named to be of the

said Company or fellowship as all other hereafter to be admitted

or free of the said Company shall take a Corporal Oath before the

Governor of the said Company or his Deputy for the time being to

such effect as by the said Governor and Company or the greater

part of them in any public Court to be held for the said Company

 

shall be in reasonable and legal manner set down and devised

before they shall be allowed or admitted to Trade or traffic as a

freeman of the said Company

 

AND FURTHER WE WILL and grant by these presents for us our heirs

and successors unto the said Governor and Company and their

successors that the said Governor or Deputy Governor and the rest

of the said company and their successors for the time being or

the greater part of them whereof the Governor or the Deputy

Governor from time to time to be one shall and may from time to

time and at all times hereafter have power and authority yearly

and every year between the first and last day of November to

assemble and meet together in some convenient place from time to

time to be appointed by the said Governor of the said Company or

in his absence by his Deputy and that they being so assembled it

shall and may be lawful to and for the said Governor or his

Deputy and the Company for the time being or the greater part of

them which then shall happen to be present whereof the Governor

of the said Company or his Deputy for the time being to be one to

elect and nominate seven of the said Company which shall be a

Committee of the said Company for one whole year from thence next

ensuing which persons being so elected and nominated to be a

Committee of the said Company as aforesaid before they be

admitted to the execution of their Office shall take a Corporal

Oath before the Governor or his Deputy and any three or more of

the said Committee of the said Company being their last

Predecessors and that they and every of them shall well and

faithfully perform their said Office of Committees in all things

concerning the same And that immediately after the said Oath so

taken they shall and may execute and sue their said Office of

Committees of the said Company for one whole year from thence

next following

 

AND MOREOVER Our will and pleasure is And by these presents for

us our heirs and successors WE DO GRANT unto the said Governor

and Company and their successors that when and as often as it

shall happen the Governor or Deputy Governor of the said Company

for the time being at any time within one year after that he

shall be nominated elected and sworn to the Office of the

Governor of the said Company as is aforesaid to dye or to be

removed from the said Office which Governor or Deputy Governor

not demeaning himself well in his said Office WE WILL to be

removable at the Pleasure of the rest of the said Company or the

greater part of them which shall be present at their public

assemblies commonly called their General Courts holden for the

said Company that then and so often it shall and may be lawful to

and for the Residue of the said Company for the time being or the

greater part of them within convenient time after the death or

removing of any such Governor or Deputy Governor to assemble

themselves in such convenient place as they shall think fit for

the election of the Governor or Deputy Governor of the said

Company and that the said Company or the greater part of them

being then and there present shall and may then and there before

their departure from the said place elect and nominate one other

 

of the said Company to be Governor or Deputy Governor for the

said Company in the place and stead of him that so dyed or was

removed which person being so elected and nominated to the Office

of Governor of Deputy Governor of the said Company shall have and

exercise the said Office for and during the residue of the said

year taking first a Corporal Oath as is aforesaid for the due

execution thereof And this to be done from time to time so often

as the case shall so require

 

AND ALSO Our Will and Pleasure is and by these presents for us

our heirs and successors WE DO grant unto the said Governor and

Company that when and as often as it shall happen any person or

persons of the Committee of the said Company for the time being

at any time within one year next after that they or any of them

shall be nominated elected and sworn to the Office of Committee

of the said Company as is aforesaid to dye or to be removed from

the said Office which Committees not demeaning themselves well in

their said Office We will to be removable at the pleasure of the

said Governor and Company or the greater part of them whereof the

Governor of the said Company for the time being or his Deputy to

be one that then and so often it shall and may be lawful to and

for the said Governor and the rest of the Company for the time

being or the greater part of them whereof the Governor for the

time being or his Deputy to be one within convenient time after

the death or removing of any of the said Committee to assemble

themselves in such convenient place as is or shall be usual and

accustomed for the election of the Governor of the said Company

or where else the Governor of the said Company for the time being

or his Deputy shall appoint And that the said Governor and

Company or the greater part of them whereof the Governor for the

time being or his Deputy to be one being then and there present

shall and may then and there before their Departure from the said

place elect and nominate one or more of the said Company to be of

the Committee of the said Company in the place and stead of him

or them that so died or were or was so removed which person or

persons so elected and nominated to the Office of Committee of

the said Company shall have and exercise the said Office for and

during the residue of the said year taking first a Corporal Oath

as is aforesaid for the due execution thereof and this to be done

from time to time so often as the case shall require   And to the

end the said Governor and Company of Adventurers of England

Trading into Hudson's Bay may be encouraged to undertake and

effectually to prosecute the said design of our more especial

grace certain knowledge and mere Motion WE HAVE given granted and

confirmed And by these presents for us our heirs and successors

DO give grant and confirm unto the said Governor and Company and

their successors the sole Trade and Commerce of all those Seas

Straits Bays Rivers Lakes Creeks and in whatsoever Latitude they

shall be that lie within the entrance of the Straits commonly

called Hudson's Straits together with all the Lands and

Territories upon the Countries Coasts and confines of the Seas

 

Bays Lakes Rivers Creeks and aforesaid that are not already

actually possessed by or granted to any of our Subjects or

possessed by the Subjects of any other Christian Prince or State

with the Fishing of all Sorts of Fish Whales Sturgeons and all

other Royal Fishes in the Seas Bays Islets and Rivers within the

premises and the Fish therein taken together with the Royalty of

the Sea upon the Coasts with the Limits aforesaid and all Mines

Royal as well discovered as not discovered of Gold Silver Gems

and precious Stones to be found or discovered within the

Territories Limits and Places aforesaid And that the said Land be

from henceforth reckoned and reputed as one of our Plantations or

Colonies in America called Rupert's Land.

 

AND FURTHER WE DO by these presents for us our heirs and

successors make create and constitute the said Governor and

Company for the time being and their successors the true and

absolute Lords and Proprietors of the same Territory limits and

places aforesaid And of all other the premises SAVING ALWAYS the

faith Allegiance and Sovereign Dominion due to us our heirs and

successors for the same TO HAVE HOLD possess and enjoy the said

Territory limits and places and all and singular other the

premises hereby granted as aforesaid with their and every of

their Rights Members Jurisdictions Prerogatives Royalties and

Appurtenances whatsoever to them the said Governor and Company

and their Successors for ever TO BE HOLDEN of us our heirs and

successors as of our Manor of East Greenwich in our Country of

Kent in free and common Socage and not in Capite or by Knights

Service YIELDING AND PAYING yearly to us our heirs and Successors

for the same two Elks and two Black beavers whensoever and as

often as We our heirs and successors shall happen to enter into

the said Countries Territories and Regions hereby granted.

 

AND FURTHER our will and pleasure is And by these presents for us

our heirs and successors WE DO grant unto the said Governor and

Company and to their successors that it shall and may be lawful

to and for the said Governor and Company and their successors

from time to time to assemble themselves for or about any the

matters causes affairs or businesses of the said Trade in any

place or places for the same convenient within our Dominions or

elsewhere and there to hold Court for the said Company and the

affairs thereof   And that also it shall and may be lawful to and

for them and the greater part of them being so assembled and that

shall then and there be present in any such place or places

whereof the Governor or his Deputy for the time being to be one

to make ordain and constitute such and so many reasonable Laws

Constitutions Orders and Ordinances as to them or the greater

part of them being then and there present shall seem necessary

and convenient for the good Government of the said Company and of

all Governors of Colonies Fortes and Plantations Factors Masters

Mariners and other Officers employed or to be employed in any of

the Territories and Lands aforesaid and in any of their Voyages

and for the better advancement and continuance of the said Trade

or Traffic and Plantations and the same Laws Constitutions Orders

 

and Ordinances so made to put in use and execute accordingly and

at their pleasure to revoke and alter the same or any of them as

the occasion shall require   And that the said Governor and

Company so often as they shall make ordain or establish any such

Laws Constitutions Orders and Ordinances in such form as

aforesaid shall and may lawfully impose ordain limit and provide

such pains penalties and punishments upon all Offenders contrary

to such Laws Constitutions Orders and Ordinances or any of them

as to the said Governor and Company for the time being or the

greater part of them then and there being present the said

Governor or his Deputy being always one shall seem necessary

requisite or convenient for the observation of the same Laws

Constitutions Orders and Ordinances   And the same Fines and

Amerciaments shall and may by their Officers and Servants from

time to time to be appointed for that purpose levy take and have

to the use of the said Governor and Company and their successors

without the impediment of us our heirs or successors or of any

the Officers or Ministers of us our heirs or successors and

without any account therefore to us our heirs or successors to be

made   All and singular which Laws Constitutions Orders and

Ordinances so as aforesaid to be made WE WILL to be duly observed

and kept under the pains and penalties therein to be contained so

always as the said Laws Constitutions Orders and Ordinances Fines

and Amerciaments be reasonable and not contrary or repugnant but

as near as may be agreeable to the Laws Statutes or of this our

Realm.

 

AND FURTHERMORE of our ample and abundant grace certain knowledge

and mere motion WE HAVE granted and by these presents for us our

heirs and successors do grant unto the said Governor and Company

and their Successors That they and their Successors and their

Factors Servants and Agents for them and on their behalf and not

otherwise shall for ever hereafter have use and enjoy not only

the whole Entire and only Trade and Traffic and the whole entire

and only liberty use and privilege of trading and Trafficking to

and from the Territory Limits and places aforesaid but also the

whole and entire Trade and Traffic to and from all Havens Bays

Creeks Rivers Lakes and Seas into which they shall find entrance

or passage by water or Land out of the Territories Limits or

places aforesaid and to and with all the Natives and People

Inhabiting or which shall inhabit within the Territories Limits

and places aforesaid and to and with all other Nations Inhabiting

any of the Coasts adjacent to the said Territories Limits and

places which are not already possessed as aforesaid or whereof

the sole liberty or privilege of Trade and Traffic is not granted

to any other of our Subjects

 

AND WE of our further Royal favour And of our more especial grace

certain knowledge and mere Motion HAVE granted and by these

presents for us our heirs and Successors DO grant to the said

Governor and Company and to their Successors That neither the

said Territories Limits and places hereby Granted as aforesaid

nor any part thereof nor the islands Havens Ports Cities Towns or

 

places thereof or therein contained shall be visited frequented

or haunted by any of the Subjects of us our heirs or successors

contrary to the true meaning of these presents and by virtue of

our Prerogative Royal which We will not have in that behalf

argued or brought into Question WE STRAIGHTLY Charge Command and

prohibit for us our heirs and Successors all the of us our heirs

and Successors of what degree or Quality soever they be that none

of them directly or indirectly do visit haunt frequent or Trade

Traffic or Adventure by way of Merchandise into or from any the

said Territories Limits or Places hereby granted or any or either

of them other then the said Governor and Company and such

particular persons as now be or hereafter shall be of that

Company their Agents Factors and Assignees unless it be by the

License and agreement of the said Governor and Company in writing

first had and obtained under their Common Seal to be granted upon

pain that every such person or persons that shall Trade or

Traffic into or from any the Countries Territories or Limits

aforesaid other then the said Governor and Company and their

Successors shall incur our Indignation and the forfeiture and the

loose of the Goods Merchandises and other things whatsoever which

so shall be brought into this Realm of England or any the

Dominions of the same contrary to our said Prohibition or the

purport or true meaning of these presents for which the said

Governor and Company shall finned take and seize in other places

out of our Dominions where the said Company their Agents Factors

or Ministers shall Trade Traffic inhabit by virtue of these our

Letters Patent As also the Ship and Ships with the Furniture

thereof wherein such goods Merchandises and other things shall be

brought or found the one half of all the said Forfeitures to be

to us our heirs and successors and the other half thereof WE DO

by these Presents clearly and wholly for us our heirs and

Successors Give and Grant unto the said Governor and Company and

their Successors AND FURTHER all and every the said Offenders for

their said contempt to suffer such other punishment as to us our

heirs or Successors for so high a contempt shall seem meet and

convenient and not to be in any wise delivered until they and

every of them shall become bound unto the said Governor for the

time being in the sum of one thousand Pounds at the least at no

time then after to Trade or Traffic into any of the said places

Seas Straits Bays Ports Havens or Territories aforesaid contrary

to our Express Commandment in the behalf herein set down and

published

 

AND FURTHER of our more especial grace WE HAVE condescended and

granted And by these presents for us our heirs and Successors do

grant unto the said Governor and Company and their successors

That We our heirs and Successors will not Grant liberty license

or power to any person or persons whatsoever contrary to the

tenor of these our Letters Patent to Trade traffic or inhabit

unto or upon any the Territories limits or places afore specified

contrary to the true meaning of these presents without the

consent of the said Governor and Company or the most part of them

 

AND of our more abundant grace and favour to the said Governor

and Company WE DO hereby declare our will and pleasure to be that

if it shall so happen that any of the persons free or to be free

of the said Company of Adventurers of England Trading into

Hudson's Bay who shall before going forth of any Ship or Ships

appointed for A VOYAGE or otherwise promise or agree by Writing

under his or their hands to adventure any sum or Sums of money

towards the furnishing any provision or maintenance of any voyage

or voyages set forth or to be set forth or intended or meant to

be set forth by the said Governor and Company or the more part of

them present at any Public Assembly commonly called their General

Court shall not within the Space of twenty Days next after

Warning given to him or them by the said Governor or Company or

their known Officer or Minister bring in and deliver to the

Treasurer or Treasurers appointed for the Company such sums of

money as shall have been expressed and set down in by the said

Person or Persons subscribed with the name of the said Adventurer

or Adventurers that then and at all Times after it shall and may

be lawful to and for the said Governor and Company or the more

part of them present WHEREOF the said Governor or his Deputy to

be one at any of their General Courts or General Assemblies to

remove and disfranchise him or them and every such person and

persons at their wills and pleasures and he or they so removed

and disfranchised not to be permitted to trade into the Countries

Territories Limits aforesaid or any part thereof nor to have any

Adventure or Stock going or remaining with or amongst the said

Company without the special license of the said Governor and

Company or the more part of them present at any General Court

first had and obtained in that behalf Any thing before in these

presents to the contrary thereof in any wise notwithstanding

 

AND OUR WILL AND PLEASURE is And hereby We do also ordain that it

shall and may be lawful to and for the said Governor and Company

or the greater part of them whereof the Governor for the time

being or his Deputy to be one to admit into and to be of the said

Company all such Servants or Factors of or for the said Company

and all such others as to them or the most part of them present

at any Court held for the said Company the Governor or his Deputy

being one shall be thought fit and agreeable with the Orders and

Ordinances made and to be made for the Government of the said

Company

 

AND FURTHER Our will and pleasure is And by these presents for us

our heirs and Successors WE DO grant unto the said Governor and

Company and to their Successors that it shall and may be lawful

in all Elections and By-Laws to be made by the General Court of

the Adventurers of the said Company that every person shall have

a number of votes according to his Stock that is to say for every

hundred pounds by him subscribed or brought into the present

Stock one vote and that any of these that have Subscribed less

than one hundred pounds may join their respective sums to make up

one hundred pounds and have one vote jointly for the same and not

otherwise

 

 

AND FURTHER of our especial grace certain knowledge and mere

motion WE DO for us our heirs and successors grant to and with

the said Governor and Company of Adventurers of England Trading

into Hudson's Bay that all Lands Islands Territories Plantations

Forts Fortifications Factories or Colonies where the said

Companies Factories and Trade are or shall be within any the

Ports and places afore limited shall be immediately and from

henceforth under the power and command of the said Governor and

Company their Successors and Assignees SAVING the faith and

Allegiance due to be performed to us our heirs and successors as

aforesaid and that the said Governor and Company shall have

liberty full Power and authority to appoint and establish

Governors and all other Officers to govern them And that the

Governor and his Council of the several and respective places

where the said Company shall have Plantations Forts Factories

Colonies or Places of Trade within any of the Countries Lands or

Territories hereby granted may have power to judge all persons

belonging to the said Governor and Company or that shall live

under them in all Causes whether Civil or Criminal according to

the Laws of this Kingdom and to execute Justice accordingly And

in case any crime or misdemeanor shall be committed in any of the

said Companies Plantations Forts Factories or Places of Trade

within the Limits aforesaid where Judicature cannot be executed

for want of a Governor and Council there then in such case it

shall and may be lawful for the chief Factor of that place and

his Council to the party together with the offence to such other

Placation Factory or Fort where there shall be a Governor and

Council where Justice may be executed or into this Kingdom of

England as shall be thought most convenient there to receive such

punishment as the nature of his offence shall deserve

 

AND MOREOVER Our will and pleasure is And by these presents for

us our heirs and Successors WE DO GIVE and grant unto the said

Governor and Company and their Successors free Liberty and

License in case they conceive it necessary to send either Ships

of War Men or Ammunition unto any their Plantations Forts

Factories or Places of Trade aforesaid for the security and

defence of the same and to choose Commanders and Officers over

them and to give them power and authority by Commission under

their Common Seal or otherwise to continue or make peace or War

with any Prince or People whatsoever that are not Christians in

any places where the said Company shall have any Plantations

Forts or Factories or adjacent thereunto as shall be most for the

advantage and benefit of the said Governor and Company and of

their Trade and also to right and recompense themselves upon the

Goods Estates or people of those parts by whom the said Governor

and Company shall sustain any injury loss or damage or upon any

other People whatsoever that shall any way contrary to the intent

of these presents interrupt wrong or injure them in their said

Trade within the said places Territories and Limits granted by

this Charter and that it shall and may be lawful to and for the

said Governor and Company and their Successors from time to time

 

and at all times from henceforth to Erect and build such Castles

Fortifications Forts Garrisons Colonies Plantations Towns or

Villages in any parts or places within the Limits and Bounds

granted before in these presents unto the said Governor and

Company as they in their Discretions shall think fit and

requisite and for the supply of such as shall be needful and

convenient to keep and be in the same to send out of this Kingdom

to the said Castles Forts Fortifications Garrisons Colonies

Plantations Towns or Villages all of Clothing Provision of

Victuals Ammunition and Implements necessary for such purpose

paying the Duties and Customs for the same As also to transport

and carry over such number of Men being willing thereunto or not

prohibited as they shall think fit and also to govern them in

such legal and reasonable manner as the said Governor and Company

shall think best and to inflict punishment for misdemeanors or

impose such Fines upon them for breach of their Orders as in

these Presents are formerly expressed

 

AND FURTHER Our will and pleasure is And by these presents for us

our heirs and Successors WE DO grant unto the said Governor and

Company and to their Successors full Power and lawful authority

to seize upon the Persons of all such English or any other of our

Subjects which shall sail into Hudson's Bay or Inhabit in any of

the Countries Islands or Territories hereby Granted to the said

Governor and Company without their leave and Licence in that

Behalf first had and obtained or that shall contemn or disobey

their Orders and send them to England and that all and every

Person and Persons being our Subjects any ways Employed by the

said Governor and Company within any the Parts places and Limits

aforesaid shall be liable unto and suffer such punishment for any

Offences by them committed in the Parts aforesaid as the

President and Council for the said Governor and Company there

shall think fit and the merit of the offence shall require as

aforesaid. And in case any Person or Persons being convicted and

Sentenced by the President and Council of the said Governor and

Company in the Countries Lands or Limits aforesaid their Factors

or Agents there for any Offence by them done shall appeal from

the same That then and in such Case it shall and may be lawful to

and for the said President and Council Factors or Agents to seize

upon him or them and to carry him or them home Prisoners into

England to the said Governor and Company there to receive such

condign punishment as his Cause shall require and the Law of this

Nation allow of and for the better discovery of abuses and

injuries to be done unto the said Governor and Company or their

Successors by any Servant by them to be employed in the said

Voyages and Plantations it shall and may be lawful to and for the

said Governor and Company and their respective Presidents Chief

Agent or Governor in the parts aforesaid to examine upon Oath all

Factors Masters Pursers Supra Cargoes Commanders of Castles Forts

Fortifications Plantations or Colonies or other Persons touching

or concerning any matter or thing in which by Law or usage an

 

Oath may be administered so as the said Oath and the matter

therein contained be not repugnant but agreeable to the Laws of

this Realm

 

AND WE DO hereby straightly charge and Command all and singular

our Admirals Vice-Admirals Justices Mayors Sheriffs Constables

Bailiffs and all and singular other our Officers Ministers Liege

Men and Subjects whatsoever to be aiding favouring helping and

assisting to the said Governor and Company and to their

Successors and to their Deputies Officers Factors Servants

Assignees and Ministers and every of them in executing and

enjoying the premises as well on Land as on Sea from time to time

when any of you shall thereunto be required ANY STATUTE Act

Ordinance Proviso Proclamation or restraint heretofore had made

set forth ordained or provided or any other matter cause or thing

whatsoever to the contrary in any wise notwithstanding

 

IN WITNESS WHEREOF we have caused these our Letters to be made

Patented WITNESS OURSELF at Westminster the second day of May in

the two and twentieth year of our Reign

By Writ of Privy Seal

 

 

Source:  Statutes, Orders in Council &c, relating to the

Hudson's Bay Company (London, 1949).

 

 

 

 

Footnote #9

 

 

CONSTITUTION OF NORTH CAROLINA OF 1776

 

 

A DECLARATION OF RIGHTS

 

A Declaration of Rights, made by the Representatives of the

Freeman of the State of North Carolina.

 

1. That all political power is vested, in and derived from, the

people only.

2. That the people of this State ought to have the sole and

exclusive right of regulating the internal government and police

thereof.

 

3. That no men, or set of men, are entitled to exclusive or

separate emoluments or privileges from the community, but in

consideration of public services.

 

4. That the legislative, executive and supreme judicial powers

of government, ought to be forever separate and distinct from

each other.

 

5. That all powers of suspending laws, or the execution of laws,

by any authority, without consent of the representatives of the

people, is injurious to their rights, and ought not to be

exercised.

 

6. That elections of members to serve as representatives in

general assembly ought to be free.

 

7. That in all criminal prosecutions, every man has a right to

be informed of the accusation against him, and to confront the

accusers and witnesses with other testimony, and shall not be

compelled to give evidence against himself.

 

8. That no freeman shall be put to answer any criminal charge,

but by indictment, presentment, or impeachment.

 

9. That no freeman shall be convicted of any crime, but by the

unanimous verdict of a jury of good and lawful men, in open

court, as heretofore used.

 

10. That excessive bail should not be required, nor excessive

fines imposed, nor cruel nor unusual punishments inflicted.

 

11. That general warrants, whereby any officer or messenger may

be commanded to search suspected places, without evidence of the

fact committed, or to seize any person or persons not named,

whose offenses are not particularly described, and supported by

evidence, are dangerous to liberty, and ought not to be granted.

 

 

12. That no freeman ought to be taken, imprisoned, or disseized

of his freehold, liberties, or privileges, or outlawed or exiled,

or in any manner destroyed, or deprived of his life, liberty or

property, but by the law of the land.

 

13. That every freeman restrained of his liberty is entitled to

a remedy, to inquire in to the lawfulness thereof, and to remove

the same, if unlawful; and that such remedy ought not to be

denied or delayed.

 

14. That in all controversies at law, respecting property, the

ancient mode of trial by jury is one of the best securities of

the rights of the people, and ought to remain sacred and

inviolable.

 

15. That the freedom of the press is one of the great bulwarks

of liberty; and therefore ought never to be restrained.

 

16. That the people of this State ought not to be taxed, or made

subject to the payment of any impost, or duty, without the

consent of themselves, or their representatives in the general

assembly freely given.

 

17. That the people have a right to bear arms, for the defense of

the State; and as standing armies, in time of peace, are

dangerous to liberty, they ought not to be kept up; and that the

military should be kept under strict subordination to, and

governed by, the civil power.

 

18. That the people have a right to assemble together, to consult

for the common good, to instruct their representatives, and to

apply to the legislature for redress of grievances.

 

19. That all men have a natural and unalienable right to worship

Almighty God according to the dictates of their own conscience.

 

20. That, for redress of grievances, and for amending and

strengthening the laws, elections ought to be often held.

 

21. That a frequent recurrence to fundamental principles is

absolutely necessary to preserve the blessings of liberty.

 

22. That no hereditary emoluments, privileges, or honors ought to

be granted or conferred in this State.

 

23. That perpetuities and monopolies are contrary to the genius

of a free State, and ought not to be allowed.

 

24. That retrospective laws, punishing acts committed before the

existence of such laws, and by them only declared criminal, are

oppressive, unjust, and incompatible with liberty; wherefore, no

ex post facto law ought to be made.

 

25. The property of the soil, in a free government, being one of

the essential rights of the collective body of the people, it is

necessary, in order to avoid future disputes, that the limits of

the State should be ascertained with precision: and as the former

temporary line betweenNorth and South Carolina was confirmed, and

extended by commissioners, appointed by the legislatures of the

two States, agreeable to the order of the late King George II in

council, that line, and that only, should be esteemed the

southern boundary of this State; that is to say, beginning on the

seaside at a cedar stake at or near the mouth of Little River,

(being the southern extremity of Brunswick County), and running

from thence a northwest course, through the boundary-house, which

stands in thirty-three degrees fifty-six minutes, to a

thirty-five degrees north latitude; and from thence a west

 

course, so far as is mentioned in the charter of King Charles II

to the late proprietors of Carolina. Therefore, all the

territory, seas, waters, and harbors, with their appurtenances,

lying between the line above described, and the southern line of

the State of Virginia, which begins on the seashore, in

thirty-six degrees thirty minutes north latitude, and from thence

runs west, agreeable to the said charter of King Charles, are the

right and property of the people of this State, to be held by

them in sovereignty: any partial line, without the consent of the

legislature of this State, at any time thereafter directed or

laid out, in any wise notwithstanding: provided always, that this

declaration of right shall not prejudice any nation or nations of

Indians, from enjoying such hunting grounds as may have been, or

hereafter shall be secured to them, by any former or future

legislature of this State: And provided also, that it shall not

be construed so as to prevent the establishment of one or more

governments westward of this State, by consent of the

legislature:  And provided further, that nothing herein contained

shall affect the titles or possessions of individuals holding or

claiming under the laws heretofore in force, or grants heretofore

made by the late King George II, or his predecessors, or the late

lords proprietors, or any of them.

 

 

 

THE CONSTITUTION

 

The Constitution, or form of Government, agreed to and Resolved

upon, by the Representatives of the freemen of the State of North

Carolina, elected and chosen for that particular purpose, in

Congress assembled, at Halifax, the eighteenth day of December ,

in the year of our Lord one thousand seven hundred and

seventy-six.

 

Whereas, allegiance and protection are in their nature

reciprocal, and the one should of right be refused when the other

is withdrawn;

 

And whereas, George the Third, king of Great Britain, and late

sovereign of the British American colonies, hath not only

withdrawn from them his protection, but, by an act of the British

legislature, declared the inhabitants of these States out of the

protection of the British crown, and all their property found

upon the high-seas liable to be seized and confiscated to the

uses mentioned in the said act; and the said George the Third has

also sent fleets and armies to prosecute a cruel war against

them, for the purpose of reducing the inhabitants of the said

colonies to a state of object slavery; in consequence whereof,

all government, under the said king, within the said colonies,

hath ceased, and a total dissolution of government, in many of

them, hath taken place:

 

And whereas, the continental congress, having considered the

premises, and other previous violations of the rights of the good

people of America, have therefore declared that the thirteen

united colonies are, of right, wholly absolved from all

allegiance to the British crown, or any other foreign

jurisdiction whatsoever; and that the said colonies now are, and

forever shall be, free and independent states. Wherefore, in our

present State, in order to prevent anarchy and confusion, it

becomes necessary that government should be established in this

 

State; therefore, we the representatives of the freemen of North

Carolina, chosen and assembled in congress for the express

purpose of framing a constitution, under the authority of the

people, most conducive to their happiness and prosperity, do

declare, that a government for this State shall be established,

in manner and form following, to wit:

 

 

1. That the legislative authority shall be vested in two

distinct branches, both dependent on the people, to wit, a senate

and house of commons.

 

2. That the senate shall be composed of representatives,

annually chosen by ballot, one for each county in the State.

 

3. That the house of commons shall be composed of

representatives, annually chosen by ballot, two for each county,

and one for each of the towns of Edenton, New Bern, Wilmington,

Salisbury, Hillsborough, and Halifax.

 

4. That the senate and house of commons, assembled for the

purpose of legislation, shall be denominated the general

assembly.

 

5. That each member of the senate shall have usually resided in

the county in which he is chosen for one year immediately

preceeding his election, and for the same time shall have

possessed, and continue to possess, in the county which he

represents, not less than three hundred acres of land

in fee.

 

6. That each member of the house of commons shall have usually

resided in the county in which he is chosen for one year

immediately preceding his election, and for six months shall have

possessed, and continue to possess, in the county which he

represents , not less than one hundred acres of land in fee, or

for the term of his own life.

 

7. That all freemen of the age of twenty-one years, who have been

inhabitants of any one county within the State twelve months

immediately preceding the day of any election, and possessed of a

freehold, within the same county, of fifty acres of land, for six

months next before, and at the day of election, shall be entitled

to vote for a member of the senate.

 

8. That all freemen of the age of twenty-one years, who have been

inhabitants of any one county within the State twelve months

immediately preceding the day of any election, and shall have

paid public taxes, shall be entitled to vote for members of the

ho use of commons, for the county

in which he resides.

 

9. That all persons possessed of a freehold, in any town in this

State, having a right of representation, and also all freemen,

who have been inhabitants of any such town twelve months next

before, and at the day of election, and shall have paid public

taxes, shall be entitled to vote for a member to represent such

town in the house of commons: provided, always, that this section

shall not entitle any inhabitant of such town to vote for members

of the house of commons for the county in which he may reside :

nor any freeholder in such county, who resides without or beyond

the limits of such town, to vote for a member of the said town.

 

10. That the senate and house of commons, when met, shall each

have power to choose a speaker, and their other officers; be

judges of the qualifications and elections of their members; sit

upon their own adjournments from day to day; and prepare bills to

 

be passed into laws. The two houses shall direct writs of

election, for supplying intermediate vacancies: and shall also

jointly, by ballot, adjourn themselves to any future day and

place.

 

11. That all bills shall be read three times in each house,

before they pass into laws, and be signed by the speakers of both

houses.

 

12. That every person, who shall be chosen a member of the senate

or house of commons, or appointed to any office or place of

trust, before taking his seat, or entering upon the execution of

his office, shall take an oath to the State: and all officers sh

all take an oath of office.

 

13. That the general assembly shall, by joint ballot of both

houses, appoint judges of the supreme courts of law and equity,

judges of admiralty and attorney-general, who shall be

commissioned by the governor, and hold their offices during good

behavior.

 

 

14. That the senate and house of commons shall have power to

appoint the generals and field officers of the militia, and all

officers of the regular army of this State.

 

15. That the senate and house of commons, jointly, at their

first meeting after each annual election, shall, by ballot, elect

a governor for one year, who shall not be eligible to that office

longer than three years, in six successive years; that no person

under thirty years of age, and who has not been a resident in

this State above five years, and having, in the State, a freehold

in lands and tenements, above the value of one thousand pounds,

shall be eligible as a governor.

 

16. That the senate and house of commons, jointly, at their

first meeting, after each annual election, shall, by ballot,

elect seven persons to be a council of state for one year;  who

shall advise the governor in the execution of his office; and

that four members shall be a quorum; their advice and proceedings

shall be entered in a journal, to be kept for that purpose only,

and signed by the members present; to any part of which any

member present may enter his dissent. And such journal shall be

laid before the general assembly when called for by them.

 

17. That there shall be a seal of this State, which shall be

kept by the governor, and used by him as occasion may require;

and shall be called the great seal of the State of North

Carolina, and shall be affixed to all grants and commissions.

 

18. The governor, for the time being, shall be captain-general

and commander-in-chief of the militia; and in the recess of the

general  assembly, shall have power, by and with the advice of

the council of  state, to embody the militia for the public

safety.

 

19. The governor, for the time being, shall have power to draw

for and apply such sums of money as shall be voted by the general

assembly, for the contingencies of government, and be accountable

to them for the same. He also may, by and with the advice of the

council of state, lay embargoes, or prohibit the exportation of

any commodity, for any term not exceeding thirty days, at any one

time in the recess of the general assembly;  and shall have the

power of granting pardons and reprieves, except where the

prosecution shall be carried on by the general assembly,

 

or the law shall otherwise direct; in which case, he may, in the

recess, grant a reprieve until the next sitting of the general

assembly; and he may exercise all the other executive powers of

government, limited and restrained, as by this constitution is

mentioned, and according to the laws of the State. And, on his

death, inability, or absence from the State, the speaker of the

senate, for the time being, and in case of his death, inability,

or absence from the State, the speaker of the house of commons,

shall exercise the powers of government, after such death, or

during such absence or inability of the governor, or speaker of

the senate, or until a new nomination is made by the general

assembly.

20. That, in every case, where any officer, the right of whose

appointment is, by this constitution, vested in the general

assembly, shall, during their recess, die, or his office by other

means become vacant, the governor shall have power, with the

advice of the council of State, to fill up such vacancy, by

granting a temporary commission, which shall expire at the end of

the next session of the general assembly.

 

21. That the governor, judges of the supreme court of law and

equity, judges of admiralty, and attorney-general, shall have

adequate salaries, during their continuance in office.

 

22. That the general assembly shall, by joint ballot of both

houses, annually appoint a treasurer or treasurers for this

State.

 

23. That the governor, and other officers, offending against the

State, by violating any part of this constitution,

maladministration, or corruption, may be prosecuted, on the

impeachment of the general assembly, or presentment of the grand

jury of any court of supreme jurisdiction in this State.

 

24. That the general assembly shall, by joint ballot of both

houses, triennially appoint a secretary for this State. 

 

25. That no persons who heretofore have been, or hereafter may

be, receivers of public moneys, shall have a seat in either house

of general assembly, or be eligible to any office in this State,

until such person shall have fully accounted for, and paid in to

the treasury, all sums for which they may be accountable and

liable.

 

26. That no treasurer shall have a seat, either in the senate,

house of commons, or council of state, during his continuance in

that office, or before he shall have finally settled his accounts

with the public, for all the moneys which may be in his hands ,

at the expiration of his office, belonging to the State, and hath

paid the same into the hands of the succeeding treasurer.

 

27. That no officer in the regular army or navy, in the service

and pay of the United States, of this State or any other State,

nor any contractor or agent for supplying such army or navy with

clothing or provisions, shall have a seat either in the senate ,

house of commons, or council of state, or be eligible thereto;

and any member of the senate, house of commons, or council of

state, being appointed to ,and accepting of such office, shall

thereby vacate his seat.

 

28. That no member of the council of state shall have a seat,

either in the senate or house of commons.

 

 

29. That no judge of the supreme court of law or equity, or judge

of admiralty, shall have a seat in the senate, house of commons,

or council of state.

 

30. That no secretary of this State, attorney-general, or clerk

of any court of record, shall have a seat in the senate, house of

commons, or council of state.

 

31. That no clergyman, or preacher of the gospel, of any

denomination, shall be capable of being a member of either the

senate, house of commons, or council of state, while he continues

in the exercise of his pastoral function.

 

32. That no person who shall deny the being of God, or the truth

of the Protestant religion, or the divine authority of either the

Old or New Testaments, or who shall hold religious principles

incompatible with the freedom and safety of the State, shall b e

capable of holding any office,

or place of trust or profit, in the civil department, within this

State.

 

33. That the justices of the peace, within their respective

counties in this State, shall in future be recommended to the

governor for the time being, by the representatives in general

assembly; and the governor shall commission them accordingly; and

the justices, when so commissioned, shall hold their offices

during good behaviour, and shall not be removed from office by

the general assembly, unless for misbehaviour, absence, or

inability.

 

34. That there shall be no establishment of any one religious

church or denomination in this State, in preference to any other;

neither shall any person, on any pretense whatsoever be compelled

to attend any place of worship contrary to his own faith or

judgement, nor be obliged to pay for the purchase of any glebe,

or the building of any house of worship, or for the maintenance

of any minister or ministry, contrary to what he believes right,

or has voluntarily and personally engaged to perform; but all

persons shall be at liberty to exercise their own mode of

worship: Provided, that nothing herein contained shall be

construed to exempt preachers of treasonable or seditious

discourses, from legal trial and punishment.

 

  35. That no person in the State shall hold more than one

lucrative office at any one time: Provided that no appointment in

the militia, or the office of a justice of the peace, shall be

considered as a lucrative office.

 

36. That all commissions and grants shall run in the name of the

State of North Carolina, and bear test, and be signed by the

Governor. All writs shall run in the same manner, and bear test,

and be signed by the clerks of the respective courts. Indictments

shall conclude, against the peace and dignity of the State.

 

37. That the delegates for this State to the continental

congress, while necessary, shall be chosen annually by the

general assembly, by ballot; but may be superseded, in the mean

time, in the same manner; and no person shall be elected to serve

in that capacity for more than three years successively.

 

38. That there shall be a sheriff, coroner, or coroners, and

constables, in each county within this State.

 

39. That the person of a debtor, where there is not a strong

presumption of fraud, shall not be continued in prison after

 

delivering up, bona fide, all his estate, real and personal, for

the use of his creditors, in such manner as shall hereafter be

regulated by law. All prisoners shall be bailable by sufficient

sureties, unless for capital offenses, when the proof is evident,

or the presumption great.

 

40. That every foreigner who comes to settle in this State;

having first taken an oath of allegiance to the same, may

purchase, or, by other just means, acquire, hold, and transfer

land, or other real estate, and after one year's residence be

deemed a free citizen.

 

41. That a school or schools shall be established by the

legislature, for the convenient instruction of youth, with such

salaries to the masters, paid by the public, as may enable them

to instruct at low prices; and, all usefull learning shall be

duly encouraged and promoted in one or more universities.

 

42. That no purchase of lands shall be made of the Indian

natives, but on behalf of the public, by authority of the general

assembly.

 

43. That the future legislature of this State shall regulate

entails, in such a manner as to prevent perpetuities.

 

44. That the declaration of rights is hereby declared to be part

of the constitution of this State, and ought never to be violated

on any pretence whatsoever.

 

  45. That any member of either house of general assembly shall

have liberty to dissent from and protest against any act or

resolve which he may think injurious to the public, or any

individual, and have the reasons of his dissent entered on the

journals.

 

46. That neither house of the general assembly shall proceed

upon public business, unless a majority of all the members of

such house are actually present; and that upon a motion made and

seconded, the yeas and nays, upon any question, shall be taken

and entered on the journals: and that the journals of the

proceedings of both houses of the general assembly shall be

printed, and made public, immediately after their adjournment.

 

This constitution is not intended to preclude the present

congress from making a temporary provision, for the well ordering

of this State, until the general assembly shall establish

government agreeable to the mode herein before described.

 

RICHARD CASWELL, President.

 

December the eighteenth, one thousand seven hundred and

seventy-six, read the third  time, and ratified in open congress.

 

 

 

 

Footnote #10

 

 

THE CONSTITUTION

Preamble

 

We the people of the State of North Carolina, grateful to

Almighty God, the Sovereign Ruler of Nations, for the

preservation of the American Union, and the existence of our

civil, political and religious liberties, and acknowledgeing our

dependence upon Him, for the continuance of those blessings to us

and our posterity, do, for the more certain security thereof, and

for the better government of this State, ordain and establish

this Constitution.

Article I.

 

Declaration of Rights.

 

That the great, general and essential principles of liberty and

free government, may be recognized and established, and that the

relations of this State to the Union and government of the United

States, and those of the people of this State to the rest of the

 

American people, may be defined and affirmed, we do declare; 

 

SECTION 1. That we hold it to be selfevident that all men are

created equal; that they are endowed by their Creator with

certain unalienable rights; that among these are life, liberty,

the enjoyment of the fruits of their own labor, and the pursuit

of happiness.

SEC. 2. That all political power is vested in, and derived from

the people; all government of right originates from the people,

is founded upon their will only, and is instituted solely for the

good of the whole.

 

SEC. 3. That the people of this State have the inherent, sole,

and exclusive right of regulating the internal government and

police thereof, and of altering and abolishing their Constitution

and form of government, whenever it may be necessary to their

safety and happiness; but every such right should be exercised in

pursurance of law, and consistently with the Constitution of the

United States.

 

SEC. 4. That this State shall ever remain a member of the

American Union, that the people thereof are part of the American

nation; that there is no right on the part of this State to

secede, and that all attempts from whatever source or upon

whatever pretext, to dissolve said Union, or to sever said

nation, ought to be resisted with the whole power of the State.

 

SEC. 5. That every citizen of this State owes paramount

allegiance to the Constitution and Government of the United

States, and that no law or ordinance of the State in

contravention or subversion thereof, can have any binding force.

 

SEC. 6. To maintain the honor and good faith of the State

untarnished, the public debt, regularly contracted before and

sincethe rebellion, shall be regarded as inviolable and never be

questioned; but the State shall never assume or pay, or authorize

the collection of, any debt or obligation, express or implied,

incurred in aid of insurrection or rebellion against the United

States, or any claim for the loss or emancipation of any slave.

 

SEC. 7. No man or set of men are entitled to exclusive or

separate emoluments or privileges from the community but in

consideration of public services.

 

SEC. 8. The legislative, executive, and supreme judicial powers

of the government ought to be forever separate and distinct from

each other.

 

SEC. 9. All power of suspending laws, or the execution of laws,

by any authority, without the consent of the representatives of

the people, is injurious to their rights, and ought not to be

exercised.

 

SEC. 10. All elections ought to be free.

 

SEC. 11. In all criminal prosecutions, every man has the right to

be informed of the accusation against him and to confront the

accusers and witnesses with other testimony, and to have counsel

for his defence, and not be compelled to give evidence against

himself, or to pay costs, jail fees, or necessary witness fees of

the defence, unless found guilty.

 

SEC. 12. No person shall be put to answer any criminal charge

except as hereinafter allowed, but by indictment, presentment, or

impeachment.

 

SEC. 13. No person shall be convicted of any crime but by the

unanimous verdict of a jury of good and lawful men in open court.

 

The legislature may, however, provide other means of trial, for

petty misdemeanors, with the right of appeal.

 

SEC. 14. Excessive bail should not be required, nor excessive

fines imposed, nor cruel or unusual punishments inflicted.

 

SEC. 15. General warrants, whereby any officer or messenger may

be commanded to search suspected places, without evidence of the

act committed, or to seize any person or persons not named, whose

offence is not particularly described and supported by evidence,

are dangerous to liberty and ought not to be granted.

 

SEC. 16. There shall be no imprisonment for debt in this State,

except in cases of fraud.

 

SEC. 17. No person ought to be taken, imprisoned or disseized of

his freehold, liberties or privileges, or outlawed, or exiled, or

in any manner deprived of his life, liberty, or property, but by

the law of the land.

 

SEC. 18. Every person restrained of his liberty, is entitled to a

remedy to enquire in to the lawfulness thereof and to remove the

same, if unlawful, and such remedy ought not to be denied or

delayed.

 

SEC. 19. In all controversies at law respecting property, the

ancient mode of trial by jury is one of the best securities of

the rights of the people, and ought to remain sacred and

inviolable.

 

SEC. 20. The freedom of the press is one of the great bulwarks of

liberty, and there ~ fore ought never to be restrained, but every

individual shall be held responsible for the abuse of the same.

 

SEC. 21. The privilege of the writ of habeas corpus shall not be

suspended.

 

SEC. 22. As political rights and privileges are not dependent

upon or modified by property, therefore no property qualification

ought to affect the right to vote or hold office.

 

SEC. 23. The people of this State ought not to be taxed, or made

subject to the payment of any impost or duty, without the consent

of themselves, or their representatives in General Assembly

freely given.

 

SEC. 24. A well regulated militia being necessary to the security

of a free State, the right of the people to keep and bear arms

shall not be infringed; and, as standing armies, in time of

peace, are dangerous to liberty, they ought not to be kept up,

and the military should be kept under strict subordination to,

and governed by, the civil power.

 

SEC. 25. The people have a right to assemble together to consult

for their common good, to instruct their representatives, and to

apply to the Legislature for redress of grievances.

 

SEC. 26. All men have a natural and unalienable right to worship

Almighty God according to the dictates of their own consciences,

and no human authority should, in any case whatever, control or

interfere with the rights of conscience.

 

SEC. 27. The people have a right to the privilege of education,

and it is the duty of the State to guard and maintain that right.

 

SEC. 28. For redress of grievances, and for amending and

strengthening the laws, elections should be often held.

 

SEC. 29. A frequent recurrence to fundamental principles, is

absolutely necessary to preserve the blessings of liberty.

 

SEC. 30. No hereditary emoluments, priviliges, or honors, ought

to be granted or conferred in this State.

 

 

SEC. 31. Perpetuities and monopolies are contrary to the genius

of a free State, and ought not to be allowed.

 

SEC. 32. Retrospective laws, punishing acts committed before the

existence of such laws, and by them only declared criminal, are

oppressive, unjust and incompatible with liberty, wherefore, no

ex post facto law ought to be made. No law taxing retrospectively

, sales, purchases, or other acts previously done, ought to be

passed.

 

SEC. 33. Slavery and involuntary servitude, otherwise than for

crime whereof the parties shall have been duly convicted, shall

be, and are hereby forever prohibited within this State.

 

SEC. 34. The limits and boundaries of the State shall be and

remain as they now are.

 

SEC. 35. All courts shall be open, and every person for an injury

done him in his lands, goods, person, or reputation, shall have

remedy by due course of law, and right and justice administered

without sale, denial, or delay.

 

SEC. 36. No soldier shall, in time of peace, be quartered in any

house without the consent of the owner; nor in time of war, but

in a manner prescribed by law.

 

SEC. 37. This enumeration of rights shall not be construed to

impair or deny others, retained by the people; and all powers,

not herein delegated, remain with the people.

 

Article II.

 

Legislative Department.

 

SECTION 1. The Legislative authority shall be vested in two

distinct branches, both dependent on the people to wit: a Senate

and House of Representatives.

 

SEC. 2. The Senate and House of Representatives shall meet

annually on the third Monday in November and when assembled,

shall be denominated the General Assembly.   Neither House shall

proceed upon public business, unless a majority of all the

members are actually present.

 

SEC. 3. The Senate shall be composed of fifty Senators biennially

chosen by ballot.

 

SEC. 4. Until the first session of the General Assembly which

shall be had after the year eighteen hundred and seventy one, the

Senate shall be composed of members elected from districts

constituted as follows:   1st District-Perquimans, Pasquotank,

Chowan, Currituck, Gates and Camden, shall elect two Senators.

2nd District-Martin, Washington and Tyrrell shall elect one

Senator.

3rd District-Beaufort and Hyde, shall elect one Senator.

4th District-Northampton shall elect one Senator.

5th District-Bertie and Hertford, shall elect one Senator.

6th District-Halifax, shall elect one Senator.

7th District-Edgecombe, shall elect one Senator.

8th District-Pitt, shall elect one Senator.

9th District-Nash and Wilson, shall elect one Senator.

10th District-Craven and Carteret, shall elect two Senators.

11th District-Jones and Lenoir, shall elect one Senator.

12th District-Duplin and Onslow, shall elect one Senator.

13th District-Brunswick and New Hanover, shall elect two

Senators.

14th District-Bladen and Columbus, shall elect one Senator.

15th District-Robeson, shall elect one Senator.

16th District-Cumberland, Harnett and Sampson shall elect two

Senators.

17th District-Johnston, shall elect one Senator.

18th District-Greene and Wayne, shall elect one Senator.

 

19th District-Franklin and Wake, shall elect two Senators.

20th District-Warren, shall elect one Senator.

21st District-Granville and Person, shall elect two Senators.

22nd District-Orange, shall elect one Senator.

23rd District-Chatham, shall elect one Sentor.

24th District-Caswell shall elect one Senator.

25th District-Rockingham, shall elect one Senator.

26th District-Alamance and Guilford, shall elect two Senators.

27th District-Randolph and Montgomery, shall elect one Senator.

28th District-Moore and Richmond, shall elect one Senator.

29th District-Anson and Union, shall elect one Senator.

30th District-Mecklenburg, shall elect one Senator.

31st District-Cabarrus and Stanly, shall elect one Senator.

32nd District-Davie and Rown, shall elect one Senator.

33rd District-Davidson, shall elect one Senator.

34th District-Forsyth and Stokes, shall elect one Senator.

35th District-Surry and Yadkin, shall elect one Senator.

36th District-Alexander and Iredell, shall elect one Senator.

37th District-Catawba, Gaston and Lincoln, shall elect one

Senator.

38th District-Cleveland, Polk and Rutherford, shall elect one

Senator.

39th District-Alleghany, Ashe and Wilkes, shall elect one

Senator.

40th District-Buncombe, Henderson and Transylvania shall elect

one Senator.

41st District-Burke, Caldwell and Watauga, shall elect one

Senator.

42nd District-Madison, Mitchell, McDowell, and Yancey shall

elect one Senator.

43rd District-Clay, Cherokee, Haywood, Jackson and Macon, shall

elect one Senator.

SEC. 5. An enumeration of the inhabitants of the State shall be

taken under the direction of the General Assembly in the year one

thousand eight hundred and seventy five, and at the end of every

ten years thereafter; and the said Senate districts, shall b e so

altered by the General Assembly, at the first session after the

return of every enumeration taken as aforesaid, or by order of

Congress, that each Senate district shall contain, as nearly as

may be, an equal number of inhabitants, excluding aliens and

Indians not taxed, and shall remain unaltered until the return

of another enumeration, and shall at all times consist of

contiguous territory; and no county shall be divided in the

formation of a Senate district, unless such county shall be

equitably entitled to two or more Senators.

 

SEC. 6. The House of Representatives shall be composed of one

hundred and twenty Representatives, biennially chosen by ballot,

to be elected by the counties respectively, according to their

population, and each county shall have at least one

Representative in the House of Representatives, although it may

not contain the requisite ratio of representation.  This

apportionment shall be made by the General Assembly at the

respective times and periods when the districts for the Senate

are hereinbefore directed to be laid off.

 

SEC. 7. In making the apportionment in the House of

Representatives, the ratio of representation should be

ascertained by dividing the amount of the population of the

State, exclusive of that comprehended within those counties which

do not severally contain the one hundred and twentieth part of

 

the population of the State, by the number of Representatives,

less the number assigned to such counties; and in ascertaining

the number of the population of the State, aliens and Indians not

taxed, shall not be included. To each county containing the said

ratio and not twice the said ratio, there shall be assigned one

representative; to each county containing twice but not three

times the said ratio, there shall be assigned two

representatives, and so on progressively, and then t he remaining

representatives shall be assigned severally to the counties

having the largest fractions.

 

SEC. 8. Until the General Assembly shall have made the

apportionment as herein before provided, the House of

Representatives shall be composed of members elected from the

counties in the following manner, to wit; The county of Wake

shall elect four members; the counties of Craven,

Granville, Halifax and New Hanover shall elect three members

each; the counties of Caswell, Chatham, Cumberland, Davidson,

Duplin, Edgecombe, Franklin, Guilford, Iredell, Johnston,

Mecklenburg, Northampton, Orange, Pitt, Randolph, Robeson,

Rockingham, Rowan, Warren and Wayne shall elect two members each;

the counties of Alamance, Alexander, Alleghany, Anson, Ashe,

Beaufort, Bertie, Bladen, Brunswick, Buncombe, Burke, Cabarrus,

Caldwell, Camden Carteret, Catawba, Cherokee, Chowan, Clay,

Cleveland, Columbus, Currituck, Davie, Forsooth, Gaston, Gates,

Greene, Harnett, Henderson, Haywood, Hertford, Hyde, Jackson,

Jones, Lenoir, Lincoln, Macon, Madison, Martin, McDowell,

Mitchell, Montgomery, Moore, Nash, Onslow, Pasquotank,

Perquimans, Person, Polk, Richmond, Rutherford, Sampson, Stanly,

Stokes, Surry, Transylvania, Tyrrell, Union, Washington, Watauga,

Wilkes, Wilson, Yadkin and Yancy shall elect one member each.

 

SEC. 9. Each member of the Senate shall be not less than

twenty-five years of age, shall have resided in the State as a

citizen two years, and shall have usually resided in the district

for which he is chosen, one year immediately preceding his

election.

 

SEC. 10. Each member of the House of Representatives shall be a

qualified elector of the State, and shall have resided in the

county for which he is chosen, for one year immediately preceding

his election.

 

SEC. 11. In the election of all officers, whose appointment

shall be conferred upon the General Assembly by the Constitution,

the vote shall be viva voce.

 

SEC. 12. The General Assembly shall have power to pass general

laws regulating divorce and alimony, but shall not have power to

grant a divorce or secure Alimony in any individual case.

 

SEC. 13. The General Assembly shall not have power to pass any

private law to alter the name of any person, or to legitimate any

person not born in lawful wedlock, or to restore the rights of

citizenship any person convicted of an infamous crime, but shall

have power to pass general laws regulating the same.

 

SEC. 14. The General Assembly shall not pass any private law,

unless it shall be made to appear, that thirty day's notice of

application to pass such law shall have been given, under such

direction, and in such manner as shall be provided by law.

 

 

SEC. 15. If vacancies shall occur in the General Assembly by

death, resignation or otherwise, writs of election shall be

issued by the Governor under such regulations as may be

prescribed by law.

 

SEC. 16. No law shall be passed to raise money on the credit of

the State, or to pledge the faith of the State directly or

indirectly for the payment of any debt, or to impose any tax upon

the people of the State, or to allow the counties, cities or

towns to do so, unless the bill for the purpose shall have been

read three several times in each House of the General Assembly,

and passed three several readings, which readings shall have been

on three different days, and agreed to by each House

respectively, and unless the yeas and nays on the second and

third readings of the bill shall have been entered on the

Journal.

 

SEC. 17. The General Assembly shall regulate entails in such

manner as to prevent perpetuities.

 

SEC. 18. Each House shall keep a journal of its proceedings,

which shall be printed and made public immediately after the

adjurnment of the General Assembly.

 

SEC. 19. Any member of either House may dissent from, and protest

against, any act or resolve, which he may think injurious to the

public, or any individual, and have the reasons of his dissent

entered on the Journal.

 

SEC. 20. The House of Representatives shall choose their own

Speaker and other officers.

 

SEC. 21. The Lieutenant-Governor shall preside in the Senate, but

shall have no vote, unless it may be equally divided.

 

SEC. 22. The Senate shall choose its other officers and also; a

Speaker (pro tempore) in the absence of the Lieutenant-Governor,

or when he shall exercise the office of Governor.

 

SEC. 23. The style of the acts shall be, "The General Assembly of

North Carolina do enact :".

 

SEC. 24. Each House shall be judge of the qualifications and

elections of its own members, shall sit upon its own adjournment

from day to day, prepare bills to be passed into laws, and the

two Houses, may also jointly adjourn to any future day, or other

place.

 

SEC. 25. All bills and resolutions of a legislative nature, shall

be read three times in each House, before they pass into laws;

and shall be signed by the presiding officers of both Houses.

 

SEC. 26. Each member of the General Assembly, before taking his

seat, shall take an oath or affirmation that he will support the

Constitution and laws of the United States, and the Constitution

of the State of North Carolina, and will faithfully discharge his

duty as a member of the Senate or House of Representatives.

 

SEC. 27. The terms of office for Senators and members of the

House of Representatives shall commence at the time of their

election; and the term of office of those elected at the first

election held under this Constitution shall terminate at the same

time as if they had been elected, at the first ensuing regular

election.

 

SEC. 28. Upon motion made and seconded in either House, by one

fifth of the members present, the yeas and nays upon any question

shall be taken and entered upon the journals.

 

 

SEC. 29. The election for members of the General Assembly shall

be held for the respective districts, and counties, at the places

where they are now held, or may be directed hereafter to be held,

in such manner as may be prescribed by law, on the first Thursday

in August, in the year one thousand eight hundred and seventy,

and every two years thereafter. But the General Assesmbly may

change the time of holding the elections. The first election

shall be held when the vote shall be taken on the ratification of

this Constitution by the voters of the State, and the General

Assembly then elected, shall meet on the fifteenth day after the

approval thereof by the Congress of the United States, if it fall

not on Sunday, but if it shall so fall, then on the next day

thereafter, and the members then elected shall hold their seats

until their successors are elected at a regular election.

 

 

Article III.

 

Executive Department.

 

SECTION 1. The Executive Department shall consist of a Governor

(in whom shall be vested the Supreme executive power of the

State) a Lieutenant Governor, a Secretary of State, an Auditor, a

Treasurer, a Superintendent of Public Works, a Superintendent of

Public Instruction, and an Attorney General, who shall be elected

for a term of four years, by the qualified electors of the State,

at the same time and places, and in t he same manner as members

of the General Assembly are elected. Their term of office shall

commence on the first day of January next, after their election,

and continue until their successors are elected and qualified:

Provided, That the officers first elected shall assume the duties

of their offlce ten days after the approval of this Constitution

by the Congress of the United States, and shall hold their

offices four years from and after the firs t of January, 1869.

 

SEC. 2. No person shall be eligible as Governor or Lieutenant

Governor, unless he shall have attained the age of thirty years,

shall have been a citizen of the United States five years, and

shall have been a resident of this State for two years next

before the election; nor shall the person elected to either of

these two offices be eligible to the same office more than four

years in any term of eight years unless the office shall have

been cast upon him as Lieutenant Governor or President of the

Senate.

 

SEC. 3. The return of every election for officers of the

Executive Department shall be sealed up and transmitted to the

seat of Government by the returning officers, directed to the

Speaker of the House of Representatives, who shall open and

publish the same in the presence of a majority of the members of

both Houses of the General Assembly. The persons having the

highest number of votes respectively, shall be declared duly

elected; but if two or more be equal and highest in votes for the

same office, th en one of them shall be chosen by joint ballot,

of both Houses of the General Assembly. Contested elections shall

be determined by a joint vote of both Houses of the General

Assembly, in such manner as shall be prescribed by law.

 

 

SEC. 4. The Governor, before entering upon the duties of his

office, shall, in the presence of the members of both branches of

the General Assembly, or before any Justice of the Supreme Court,

take an oath or affirmation, that he will support the

Constitution and laws of the United States and of the State of

North Carolina, and that he will faithfully perform the duties

appertaining to the office of Governor to which he has been

elected.

 

SEC. 5. The Governor shall reside at the seat of government of

this State, and he shall, from time to time, give the General

Assembly information of the affairs of the State, and recommend

to their consideration such measures as he shall deem expedient.

 

SEC. 6. The Governor shall have power to grant reprieves

commutations and pardons, after conviction, for all offences,

(except in cases of impeachment) upon such conditions as he may

think proper, subject to such regulations as may be provided by

law relative to the manner of applying for pardons. He shall

annually communicate to the General Assembly each case of

reprieve, commutation, or pardon granted; stating the name of

each convict, the crime for which he was convicted, the sentence

and its date, the date of commutation, pardon, or reprieve, and

the reasons therefore.

 

SEC. 7. The officers of the Executive Department and of the

Public Institutions of the State, shall at least five days

previous to each regular session of the General Assembly,

severally report to the Governor, who shall transmit such

reports, with his message, to the General Assembly; and the

Governor may, at any time, require information in writing from

the officers in the Executive Department upon any subject

relating to the duties of their respective offices, and shall

take care

that the laws be faith fully executed.

 

SEC. 8. The Governor shall be Commander-in-Chief of the Militia

of the State, except when they shall be called into the service

of the United States.

 

SEC. 9. The Governor shall have power, on extraordinary

occasions, by and with the advice of the Council of State, to

convene the General Assembly in extra session by his

proclamation, stating therein the purpose or purposes for which

they are thus convened.

 

SEC. 10. The Governor shall nominate, and by and with the advice

and consent of a majority of the Senators elect, appoint, all

officers whose offices are established by this Constitution, or

which shall be created by law, and whose appointments are not

otherwise provided for, and no such officer shall be appointed or

elected by the General Assembly.

 

SEC. 11. The Lieutenant Governor shall be President of the

Senate, but shall have no vote unless the Senate be equally

divided. He shall, whilst acting as President of the Senate,

receive for his services the same pay which shall for the same

period, be allowed to the Speaker of the House of

Representatives, and he shall receive no other compensation

except when he is acting as Governor.

 

SEC. 12. In case of the impeachment of the Governor, his failure

to qualify, his absence from the State, his inability to

discharge the duties of his office, or in case the office of

 

Governor shall in any wise become vacant, the powers, duties and

emoluments of the office shall devolve upon the Lieutenant

Governor until the disabilities shall cease, or a new Governor

shall be elected and qualified.  In every case in which the

Lieutenant Governor shall be unable to preside over the Senate,

the Senators shall elect one of their own number President of

their body; and the powers, duties, and emoluments of the office

of the office of Governor shall devolve upon him whenever the

Lieutenant Governor shall, for any reason, be prevented from

discharging the duties of such office as above provided, and he

shall continue as acting Governor until the disabilities be

removed or a new Governor or Lieutenant Governor shall be elect

ed and qualified.   Whenever, during the recess of the General

Assembly, it shall become necessary for a President of the Senate

to administer the government, the Secretary of State shall

convene the Senate, that they may elect such President.

 

SEC. 13. The respective duties of the Secretary of State,

Auditor, Treasurer, Super intendent of Public Works,

Superintendent of Public Instruction, and Attorney General shall

be prescribed by law. If the office of any of said officers shall

be vacated by death, resignation, or otherwise, it shall be the

duty to the Governor to appoint another until the disability be

removed or his successor be elected and qualified. Every such

vacancy shall be filled by election, at the first general

election that occurs more than thirty days after the vacancy has

taken place and the person chosen, shall hold the office for the

remainder of the unexpired term fixed in the first section of

this Article.

 

SEC. 14. The Secretary of State, Auditor, Treasurer,

Superintendent of Public Works, and Superintendent of Public

Instruction, shall constitute ex officio, the Council of State,

who shall advise the Governor in the execution of his office, and

three of whom shall constitute a quorum; their advice and

proceedings in this capacity shall be entered in a Journal, to be

kept for this purpose exclusively, and signed by the members

present, from any part of which any member may enter his dissent;

and such journal shall be placed before the General Assembly when

called for by either House.  The Attorney General shall be, ex

officio, the legal adviser of the Executive Department.

 

SEC. 15. The officers mentioned in this Article shall, at stated

periods, receive for their services a compensation to be

established by law, which shall neither be increased nor

diminished during the time for which they shall have been

elected, and the said officers shall receive no other emolument

or allowance whatever.

 

SEC. 16. There shall be a seal of the State, which shall be kept

by the Governor, and used by him, as occasion may require, and

shall be called "the Great Seal of the State of North Carolina."

All grants and commissions shall be issued in the name and by the

authority of the State of North Carolina, sealed with "the Great

Seal of the State," signed by the Governor and countersigned by

the Secretary of State.

 

 

SEC. 17. There shall be established in the office of Secretary of

State, a Bureau of Statistics, Agriculture and Immigration, under

such regulations as the General Assembly may provide.

 

 

Article IV

 

Judicial Department.

 

SEC. 1. The distinction between actions at law and suits in

equity, and the forms of all such actions and suits shall be

abolished, and there shall be in this State but one form of

action, for the enforcement or protection of private rights or

the redress of private wrongs which shall be denominated a civil

action; and every action prosecuted by the people of the State as

a party, against a person charged with a public offence, for the

punishment of the same, shall be termed a criminal action.

Feigned issues shall be abolished and the fact at issue tried by

order of court

before a jury.

 

SEC. 2. Three Commissioners shall be appointed by this Convention

to report to the General Assembly at its first session after this

Constitution shall be adopted by the people, rules of practice

and procedure in accordance with the provisions of the foreign

section, and the Convention shall provide for the commissioners,

a reasonable compensation

 

SEC. 3. The same Commissioners shall also report to the General

Assembly as soon as practible, a code of the law of North

Carolina. The Governor shall have power to fill all vacancies

occurring in this Commission.

 

SEC. 4. The Judicial power of the State shall be vested in a

court for the trial of impeachments, a Supreme Court, Superior

Courts, Courts of Justices of the Peace, and Special Courts.

 

SEC. 5. The Court for the trial of Impeachments shall be the

Senate. A majority of the members shall be necessary to a quorum,

and the judgment shall not extend beyond removal from, and

disqualification to hold, office in this State; but the party

shall be liable to indictment and punishment according to law.

 

SEC. 6. The House of Representatives solely, shall have the power

of impeaching. No person shall be convicted without the

concurrence of two thirds of the Senators present. When the

Governor is impeached the Chief Justice shall preside.

 

SEC. 7. Treason against the State shall consist only in levying

war against it or adhearing to its enemies, giving them aid and

comfort. No person shall be convicted of treason unless on the

testimony of two witnesses to the same overt act, or on

confession in open court. No conviction of treason or attainder

shall work corruption of blood or forfeiture.

 

SEC. 8. The Supreme Court shall consist of a Chief Justice and

four Associate Justices.

 

SEC. 9. There shall be two terms of the Supreme Court held at the

seat of Government of the State in each year, commencing on the

first Monday in January, and first Mon day in June, and

continuing as long as the public interest may require.

 

SEC. 10. The Supreme Court shall have jurisdiction to review,

upon appeal, any decision of the courts below, upon any matter of

law or legal inference; but no issue of fact it shall be tried

before this court: and the court shall have power to issue any

remedial writs necessary, to give it a general supervision and

control of the inferior courts.

 

 

SEC. 11. The Supreme Court shall have original jurisdiction to

hear claims against the State, but its decisions shall be merely

recommendatory: no process in the nature of execution, shall

issue thereon; they shall be reported to the next session of the

General Assembly for its action.

 

SEC. 12. The State shall be divided into twelve judicial

districts, for each of which a Judge shall be chosen, who shall

hold a Superior Court in each county in said District, at least

twice in each year, to continue for two weeks, unless the

business shall be sooner disposed of.

 

SEC. 13. Until altered by law, the following shall be the

Judicial Districts:

 

First District. Currituck, Perquimans, Hertford, Camden, Chowan,

Bertie, Pasquotank, Gates;  Second District. Tyrrell, Beaufort,

Edgecombe, Hyde, Martin, Washington, Pitt;   Third District.

Craven, Greene, Wayne, Carteret, Onslow, Wilson, Jones, Lenoir; 

Fourth District. Brunswick, Columbus, Robeson, New Hanover,

Btaden, Duplin Sampson;   Fifth District. Cumberland, Richmond,

Stanly, Harnett, Anson, Union, Moore, Montgomery;   Sixth

District. Northampton, Wake, Johnson, Warren, Nash, Halifax,

Franklin;   Seventh District. Person, Randolph, Caswell, Orange,

Guilford, Rockingham, Chatham, Alamance;   Eighth District.

Stokes, Rowan, Surry, Forsyth, Davie, Davidson, Yadkin;   Ninth

District. Catawba, Lincoln, Rutherford, Cabarrus, Gaston, Polk,

Mecklenburg;   Tenth District. Iredell, Caldwell, Alexander,

Burke, Wilkes, McDowall;   Eleventh District. Alleghany,

Mitchell, Buncombe, Ashe, Yancy, Watauga, Madison;   Twelfth

District. Henderson, Macon, Cherokee, Transylvania, Jackson,

Haywood, Clay.

 

SEC. 14. Every Judge of a Superior Court shall reside in his

District while holding his office. The Judges may exchange

districts with each other with the consent of the Governor and

the Governor, for good reasons, which he shall report to the

Legislature at its current or next session, may require any Judge

to hold one or more specified terms of said Courts in lieu of the

Judge in whose district they are.

 

SEC. 15. The Superior Courts shall have exclusive original

jurisdiction of all civil actions, whereof exclusive original

jurisdiction is not given to some other courts; and of all

criminal actions, in which the punishment may exceed a fine of

fifty dollar s or imprisonment for one month.

 

SEC. 16. The Superior Courts shall have appellate jurisdiction of

all issues of law or fact, determined by a Probate Judge or a

Justice of the Peace, where the matter in controversy exceeds

twenty-five dollars, and of matters of law in all cases.

 

SEC. 17. The Clerks of the Superior Courts shall have

jurisdiction of the probate of deeds, the granting of letters

testamentary and of administration, the appointment of Guardians,

the apprenticing of orphans, to audit the accounts of executors,

administrators and guardians, and of such other matters as shall

be prescribed by law.  All issues of fact joined before them

shall be transferred to the Superior Courts for trial, and

appeals shall lie to the Superior Courts from their judgements in

all matters of law.

 

 

SEC. 18. In all issues of fact, joined in any court, the parties

may waive the right to have the same determined by jury, in which

case the finding of the Judge upon the facts, shall have the

force and effect of a verdict of a jury.

 

SEC. 19. The General Assembly shall provide for the establishment

of special courts, for the trial of misdemeanors, in cities and

towns, where the same may be necessary.

 

SEC. 20. The Clerk of the Supreme Court shall be appointed by the

court, and shall hold his office for eight years.

 

SEC. 21. A Clerk of the Superior Court for each county, shall be

elected by the qualified voters thereof, at the time and in the

manner prescribed by law, for the election of members of the

General Assembly.

 

SEC. 22. Clerks of the Superior Courts shall hold their offices

for four years.

 

SEC. 23. The General Assembly shall prescribe and regulate the

fees, salaries, and emoluments of all officers provided for in

this Article; but the salaries of the Judges shall not be

diminished during their continuance in office.

 

SEC. 24. The laws of North Carolina, not repugnant to this

Constitution, or to the Constitution and laws of the United

States, shall be ill force until lawfully altered.

 

SEC. 25. Actions at law, and suits in equity, pending when this

Constitution shall go into effect, shall be transferred to the

courts having jurisdiction thereof, without prejudice by reason

of the change, and all such actions and suits, commenced before,

and pending at, the adoption by the General Assembly, of the

rules of practice and procedure herein provided for, shall be

heard and determined, according to the practice now in use,

unless otherwise provided for by said rules.

 

SEC. 26. The Justices of the Supreme Court shall be elected by

the qualified voters of the State, as is provided for the

election of members of the General Assembly. They shall hold

their offices for eight years. The Judges of the Superior Courts

shall be elected in like manner, and shall hold their offices for

eight years; but the Judges of the Superior Courts elected at the

first election under this Constitution, shall, after their

election, under the superintendance of the Justices of the

Supreme Court be divided by lot into two equal classes, one of

which shall hold office for four years, the other for eight

years.

 

SEC. 27. The General Assembly may provide by law that the Judges

of the Superior Courts, instead of being elected by the voters of

the whole State, as is herein provided for, shall be elected by

the voters of their respective districts.

 

SEC. 28. The Superior Courts shall be, at all times, open for the

transaction of all business within their jurisdeition, except the

trial of issues of fact requiring a jury.

 

SEC. 29. A Solicitor shall be elected for each judicial district

by the qualified voters thereof, as is prescribed for members of

the General Assembly, who shall hold office for the term of four

years, and prosecute on behalf of the State, in all criminal

actions in the Supericr Courts, and advise the officers of

justice in his district.

 

 

SEC. 30. In each county a Sheriff and Coroner, shall be elected

by the qualified voters thereof as is prescribed for members of

the General Assembly, and shall hold their offices for two years.

In each township there shall be a Constable, elected in like

manner by the voters thereof, who shall hold his office for two

years. When there is no Coroner in the county, the Clerk of the

Superior Court for the county may appoint one for special cases. 

In case of a vacancy existing for any cause, in any of the

offices created by this Section, the Commissioners for the county

may appoint to such office for the unexpired term.

 

SEC. 31. All vacancies occurring in the offices provided for by

this article of this Constitution, shall be filled by the

appointment of the Governor, unless otherwise provided for, and

the appointees shall hold their places until the next regular

election.

 

SEC. 32. The officers elected at the first election held under

this Constitution, shall hold their offices for the terms

prescribed for them respectively, next ensuing after the next

regular election for members of the General Assembly.  But their

terms shall begin upon the approval of this Constitution by the

Congress of the United States.

 

SEC. 33. The several Justices of the Peace shall have exclusive

original jurisdiction under such regulations as the General

Assembly shall prescribe, of all civil actions, founded on

contract, wherein the sum demanded shall not exceed two hundred

dollars, and wherein the title to real estate shall not be in

controversy; and of all criminal matters arising within their

counties, where the punishment cannot exceed a fine of fifty

dollars, or imprisonment for one month.

  When an issue of fact shall be joined before a Justice, on

demand of either party thereto, he shall cause a jury of six men

to be summoned, who shall try the same.   The party against whom

judgement shall be rendered in any civil action, may appeal to

the Superior Court from the same, and, if the judgement shall

exceed twenty-five dollars, there may be a new trial of the whole

matter in the appelate court; but if th e judgement shall be for

twenty five dollars or less, then the case shall be heard in the

appelate court, only upon matters of law.   In all cases of a

criminal nature, the party against whom judgement is given may

appeal to the Superior Court, where the matter shall be heard

anew. In all cases brought before a Justice, he shall make a

record of the proceedeings, and file the same with the Clerk of

the Superior Court for his county.

 

SEC. 34. When the office of Justice of the Peace shall become

vacant, otherwise than by expiration of the term, and in case of

a failure by the voters of any district, to elect, the Clerk of

the Superior Court for the County, shall appoint to fill the

vacancy for the unexpired term.

 

SEC. 35. In case the office of Clerk of a Superior Court for a

County shall become vacant, otherwise than by the expiration of

the term, and in case of a failure by the people to elect, the

Judge of the Superior Court for the County shall appoint to fill

the vacancy until an election can be regularly held.

 

 

 

Article V.

 

Revenue and Taxations

 

SECTION 1. The General Assembly shall levy a capitation tax on

every male inhabitant of the State over twenty one and under

fifty years of age, which shall be equal on each, to the tax on

property valued at three hundred dollars in cash. The

Commissioners of the several counties may exempt from capitation

tax in special cases, on account of poverty and infirmity, and

the State and county capitation tax combined, shall never exceed

two dollars on the head.

 

SEC. 2. The proceeds of the State and County capitation tax shall

be applied to the purposes of education and the support of the

poor, but in no one year shall more than twenty five per cent,

thereof, be appropriated to the latter purpose.

 

SEC. 3. Laws shall be passed taxing, by a uniform rule, all

monies, credits, investments in bonds, stocks, joint-stock

companies or otherwise; and, also, all real and personal

property, according to its true value in money. The General

Assembly may also tax trades, professions, franchises,

and incomes, provided, that no income shall be taxed when the

property from which the income is derived, is taxed.

 

SEC. 4. The General Assembly shall, by appropriate legislation

and by adequate taxation, provide for the prompt and regular

payment of the interest on the public debt, and after the year

1880, it shall lay a specific annual tax upon the real and

personal property of the State, and the sum thus realized shall

be set apart as a sinking fund, to be devoted to the payment of

the public debt.

 

SEC. 5. Until the Bonds of the State shall be at par, the General

Assembly shall have no power to contact any new debt or pecuniary

obligation in behalf of the State, except to supply a casual

deficit, or for suppressing invasion or insurrection, unless i t

shall in the same bill levy a special tax to pay the interest

annually. And the General Assembly shall have no power to give or

lend the credit of the State in aid of any person, association or

corporation, except to aid in the completion of such Rail Roads

as may be unfinished at the time of the adoption of this

Constitution, or in which the State has a direct pecuniary

interest, unless the subject be submitted, to a direct vote of

the people of the State, and be approved by a majority of those

who shall vote thereon.

 

SEC. 6. Property belonging to the State, or to municipal

corporations, shall be exempt from taxation. The General Assembly

exempt cemeteries, and property held for educational, scientific,

literary, charitable, or religious purposes; Also, wearing

apparel , Arms for Muster, household and kitchen furniture, the

Mechanical and agricultural implements of Merchants and farmers,

libraries and scientific instruments, to a value not exceeding

three hundred dollars.

 

SEC. 7. The taxes levied by the commissioners of the several

counties, for county purposes, shall be levied in like manner

with the State taxes and shall never exceed the double of the

State tax, except for a special purpose, and with the special

approval of the General Assembly.

 

 

SEC. 8. Every act of the General Assembly, levying a tax, shall

state the special object to which it is to be applied, and it

shall be applied to no other purpose.

 

 

Article VI

 

Suffrage and Eligibility to Office.

 

SECTION 1. Every male person born in the United States, and every

male person who has been naturalized, twenty one years old or

upward, who shall have resided in this state twelve months next

preceeding the election, and thirty days in the county, in which

he offers to vote, shall be deemed an elector.

 

SEC. 2. It shall be the duty of the General Assembly to provide

from time to time, for the registration of all electors, and no

person shall be allowed to vote without registration, or to

register, without first taking an oath or affirmation to support

and maintain the Constitution and laws of the United States and

the Constitution and laws of North Carolina, not inconsistent

therewith.

 

SEC. 3. All elections by the people shall be by ballot and all

elections by the General Assembly shall be viva voce.

 

SEC. 4. Every voter, except as hereinafter provided, shall be

eligible to office; but before entering upon the discharge of the

duties of his office, he shall take and subscribe the following

oath: "I, , do solemnly swear (or affirm) that I will support and

maintain the Constitution and laws of the United States and the

Constitution and laws of North Carolina not inconsistent there

with, and that I will faithfully discharge the duties of my

office. So help me God."

 

SEC. 5. The following classes of persons shall be disqualified

for office: First, All persons who shall deny the being of

Almighty God. Second; All persons who shall have been convicted

of treason, perjury or of any other infamous crime, since

becoming citizens of the United States, or of corruption, or

malpractice in office, unless such persons shall have been

legally restored to the rights of citizenship.

 

 

Article VII.

 

Municipal Corporations

 

SECTION 1. In each county, there shall be elected, biennially, by

the qualified voters thereof, as provided for the election of

members of the General Assembly, the following officers, a

Treasurer, Register of Deeds, Surveyor and five Commissioners.

 

SEC. 2. It shall be the duty of the Commissioners to exercise a

general supervision and control of the penal and charitable

institutions, schools, roads, bridges, levying of taxes and

finances of the county, as may be prescribed by law. The Register

of Deeds shall be ex officio, Clerk of the Board of

Commissioners.

 

SEC. 3. It shall be the duty of the Commissioners, first elected

in each county, to divide the same into convenient districts, to

determine the boundaries and prescribe the names of the said

districts, and report the same to the General Assembly before the

first day of January, 1869.

 

SEC. 4. Upon the approval of the reports provided for in the

foregoing section, by the General Assembly, the said districts

shall have corporate powers for the necessary purposes of local

government and shall be known as townships.

 

SEC. 5. In each township there shall be biennially elected, by

the qualified voters thereof, a Clerk and two Justices of the

 

Peace, who shall constitute a board of trustees, and shall, under

the supervision of the County Commissioners, have control of the

taxes and finances, roads and bridges of the township as may be

prescribed by law. The General Assembly may provide for the

election of a larger number of Justices of the Peace in cities

and towns and in those townships in which cities and towns and in

t hose townships in which cities and towns are situated. In every

township there shall also be biennially elected a School

Committee consisting of three persons whose duties shall be

prescribed by law.

 

SEC. 6. The township Board of Trustees, shall assess the taxable

property of their townships and make return to the County

Commissioners, for revision as may be prescribed by law. The

Clerk shall also be ex officio, Treasurer of the township.

 

SEC. 7. No county, city, town or other municipal corporation,

shall contract any debt, pledge its faith, or loan its credit,

nor shall any tax be levied or collected by any officers of the

same, except for the necessary expenses thereof, unless by a vote

of a majority of the qualified voters therein.

 

SEC. 8. No money shall be drawn from any County or Township

Treasury, except by authority of law.

 

SEC. 9. All taxes levied by any county, city, town or township,

shall be uniform, and ad valorem, upon all property in the same,

except property exempted by this Constitution.

 

SEC. 10. The county officers first elected under the provisions

of this article shall enter upon their duties ten days after the

approval of this Constitution by the Congress of the United

States.

 

SEC. 11. The Governor shall appoint a sufficient number of

Justices of the Peace, in each County who shall hold their places

until sections four, five and six of this article shall have been

carried into effect.

 

SEC. 12. All charters, ordinances and provisions relating to

municipal corporations, shall remain in force until legally

changed, unless inconsistent with the provisions of this

Constitution.

 

SEC. 13. No county, city, town or other municipal corporation,

shall assume or pay, nor shall any tax be levied or collected,

for the payment of any debt, or the interest upon any debt,

contracted, directly or indirectly, in aid or support of the

rebellion.

 

 

Article VIII.

 

Corporations other than Municipal

 

SECTION 1. Corporations may be formed under general laws, but

shall not be created by special act, except for municipal

purposes, and in cases where, in the judgement of the

Legislature, the object of the corporations cannot be attained

under general laws . All general laws and special acts passed

pursuant to this Section, may be altered from time to time or

repealed.

 

SEC. 2. Dues from corporations shall be secured by such

individual liabilities of the corporations and other means, as

may be prescribed by

law.

 

SEC. 3. The term corporation, as used in this Article, shall be

construed to include all associations and joint stock companies,

having any of the powers and privileges of corporations, not

possessed by individuals or partnerships. And all corporations

shall have the right to sue, and shall be subject to be sued, in

 

all courts, in like cases as natural persons.

 

SEC. 4. It shall be the duty of the Legislature to provide for

the organization of cities, towns, and incorporated villages, and

to restrict their power of taxation, assessment, borrowing money,

contracting debts, and loaning their credit, so as to prevent

abuses in assessments and in contracting debts, by such municipal

corporation.

 

 

Article IX

 

SECTION 1. Religion, morality, and knowledge being necessary to

good government and happiness of mankind, schools, and the means

of education, shall forever be encouraged.

 

SEC. 2. The General Assembly at its first session under this

Constitution, shall provide by taxation and otherwise for a

general and uniform system of Public Schools, wherein tuition

shall be free of charge to all the children of the State between

the age s of six and twenty-one years.

 

SEC. 3. Each County of the State shall be divided into a

convenient number of Districts, in which one or more Public

Schools shall be maintained, at least four months in every year;

and if the Commissioners of any County shall fail to comply with

the afore said requirement of this section, they shall be liable

to indictment.

 

SEC. 4. The proceeds of all lands that have been, or hereafter

may be, granted by the United States to this State and not

otherwise specially appropriated by the United States or

heretofore by this State; also all monies, stocks, bonds, and

other property now belonging to any fund for purposes of

Education; also the net proceeds that may accrue to the State

from sales of estrays or from fines, penalties and forfeitures;

also the proceeds of all sales of the swamp lands belonging to

the State; also all money that shall be paid as an equivalent for

exemptions from military duty; also, all grants, gifts or devises

that may hereafter be made to this State, and not otherwise

appropriated by the grant, gift or devise, shall be securely

invested, and sacredly p reserved as an irreducible educational

fund, the annual income of which, together with so much of the

ordinary revenue of the State as may be necessary, shall be

faithfully appropriated for establishing and perfecting, in this

State, a system of Free Public Schools, and for no other purposes

or uses whatsoever.

 

SEC. 5. The University of North Carolina with its lands,

emoluments and franchises, is under the Control of the State, and

shall be held to an inseparable connection with the Free Public

School System of the State.

 

SEC. 6. The General Assembly shall provide that the benefits of

the University, as far as practicable, be extended to the youth

of the State free of expense for tuition; also, that all the

property which has heretofore accrued to the State, or shall

thereafter accrue from escheats, unclaimed dividends or

distributive shares of the estates of deceased persons, shall be

appropriated to the use of the University.

 

SEC. 7. The Governor, Lieutenant-Governor, Secretary of State,

Treasurer, Auditor, Superintendent of Public Works,

Superintendent of Public Instruction and Attorney General, shall

constitute a State Board of Education.

 

 

SEC. 8. The Governor shall be President, and the Superintendent

of Public Instruction shall be Secretary, of the Board of

Education.

 

SEC. 9. The Board of Education shall succeed to all the powers

and trusts of the President and directors of the Literary Fund of

North Carolina, and shall have full power to legislate and make

all needful rules and regulations in relation to Free Public

Schools, and the Educational fund of the State; but all acts,

rules and regulations of said Board may be altered, amended, or

repealed by the General Assembly, and when so altered, amended or

repealed by the General Assembly, and when so altered, amended o

r repealed they shall not be reenacted by the Board.

 

SEC. 10. The first session of the Board of Education shall be

held at the Capital of the State, within fifteen days after the

organization of the State Government under this Constitution; the

time of future meetings may be determined by the Board.

 

SEC. 11. A majority of the Board shall constitute a quorum for

the transaction of business.

 

SEC. 12. The contingent expenses of the Board shall be provided

for by the General Assembly.

 

SEC. 13 The Board of Education shall elect Trustees for the

University, as follows: One trustee for each County in the State,

whose term of office shall be eight years. The first meeting of

the Board shall be held within ten days after their election, an

d at this and every subsequent meeting, ten Trustees shall

constitute a quorum. The Trustees, at their first meeting, shall

be divided, as equally as may be, into four classes. The seats of

the first class shall be vacated at the expiration of two years;

of the second class at the expiration of four years; of the third

class at the expiration of six years; of the fourth class at the

expiration of eight years; so that one fourth may be chosen every

second year.

 

SEC. 14. The Board of Education and the President of the

University, shall be ex officio members of the Board of Trustees

of the University; and shall, with three other Trustees to be

appointed by the Board of Trustees, constitute the Executive

Committee of the Trustees of the University of North Carolina,

and shall be clothed with the powers delegated to the Executive

Committee under the existing organization of the Institution. The

Governor shall be ex ogeio President of the Board of Trustees and

Chair man of the Executive Committee of the University. The Board

of Education shall provide for the more perfect organization of

the Board of Trustees.

 

SEC. 15. All the privileges, rights, franchises and endowments

heretofore granted to, or conferred upon, the Board of Trustees

of the University of North Carolina by the Charter of 1789, or by

any subsequent legislation, are hereby vested in the Board of

Trustees, authorized by this Constitution, for the perpetual

benefit of the University.

 

SEC. 16. As soon as practicable after the adoption of this

Constitution, the General Assembly shall establish and maintain,

in connection with the University, a Department of Agriculture,

of Mechanics, of Mining and of Normal Instruction.

 

 

SEC. 17. The General Assembly is hereby empowered to enact that

every child of sufficient mental and physical ability, shall

attend the Public Schools during the period between the ages of

six and eighteen years, for a term of not less than sixteen

months , unless educated by other means.

 

 

Article X.

 

Homesteads and Exemptions

 

SECTION 1. The personal property of any resident of this State,

to the value of five hundred dollars, to be selected by such

resident, shall be, and is hereby exempted, from sale under

execution, or other final process of any court, issued for the

collect ion of any debt.

 

SEC. 2. Every Homestead and the dwelling and buildings used

therewith, not exceeding in value one thousand dollars, to be

selected by the owner thereof, or in lieu thereof, at the option

of the owner, any lot in a city, town or village, with the

dwelling and buildings used thereon, owned and occupied by any

resident of this State, and not exceeding the value of one

thousand dollars, shall be exempted from sale under execution, or

other final process, obtained on any debt. But no property shall

be exempt from sale for taxes or for payment of obligations

contracted for the purchase of said premises.

 

SEC. 3. The Homestead, after the death of the owner thereof,

shall be exempt from the payment of any debt, during the minority

of his children, or any one of them.

 

SEC. 4. The provisions of section one and two of this Article

shall not be so construed as to prevent a laborer's lien for work

done and performed for the person claiming such exemption, or a

mechanic's lien for work done on the premises.

 

SEC. 5. If the owner of a Homestead die, leaving a widow, but no

children the same shall be exempt from the debts of her husband,

and the rents and profits thereof shall in sure to her benefit,

during her widowhood, unless she be the owner of a Homestead, in

her own right.

 

SEC. 6. The real personal property of any female in this State,

acquired before marriage, and all property, real and personal, to

which she may after marriage, become in any manner entitled,

shall be and remain, the sole and separate estate and property of

such female, and shall not be liable for any debts, obligations

or engagements of her husband, and may be devised, or requeathed,

and, with the written assent of her husband, convey ed, by her,

as if she were unmarried.

 

SEC. 7. The husband may insure his own life for the sole use and

benefit of his wife and children, and in case of the death of the

husband, the amount thus insured, shall be paid over to the wife

and children, or the guardian, if under age, for her, or their

own use, free from all the claims of the representatives of the

husband, or any of his creditors.

 

SEC. 8. Nothing contained in the foregoing sections of this

Article shall operate to prevent the owner of a Homestead from

disposing of the same by deed; but no deed made by the owner of a

Homestead shall be valid without the voluntary signature and

assent of his wife, signified on her private examination

according to law.

 

 

Article XI.

 

 

Punishments, Penal Institutions and Public Charities.

 

SECTION 1. The following punishments only, shall be known to the

laws of this State, viz: death, imprisonment, with, or without

hard labor, fines, removal from office, and dis-qualification to

hold and enjoy any office of honor, trust, or profit, under t his

State.

 

SEC. 2.  The object of punishments, being not only to satisfy

justice, but also to reform and offender, and thru prevent crime,

murder, arson, burglary, and rape, and these only, may be

punishable with death, if the General Assembly shall so enact.

 

SEC. 3.  The General Assembly shall, at its first meeting, make

provision for the erection and conduct of a States' Prison or

Penitentiary at some central and accessible point with the State.

 

SEC. 4. The General Assembly may provide for the erection of

Houses of Correction, where vagrants and persons guilty of

misdemeanors shall be restrained and usefully employed.

 

SEC. 5. A House or Houses of Refuge may be established, whenever

the public interest may require it, for the correction and

instruction of other classes of offenders.

 

SEC. 6. It shall be required, by competent legislation, that the

structure and superintendence of penal institutions of the State,

the county jails, and city police prisons, secure the health and

comfort of the prisoners, and that male and female prisoners be

never confined in the same room or cell.

 

SEC. 7. Beneficient provision for the poor, the unfortunate and

orphan, being one of the first duties of a civilized and a

Christian State, The General Assembly shall, at its first

session, appoint and define the duties of a Board of Public

Charities, to whom shall be intrusted the supervision of all

charitable and penal State institutions, and who shall annually

report to the Governor upon their condition, with suggestions for

their improvement.

 

SEC. 8. There shall also, as soon as practicable, be measures

devised by the State, for the establishment of one or more Orphan

Houses, where destitute orphans may be cared for, educated and

taught some business or trade.

 

SEC. 9. It shall be the duty of the Legislature, as soon as

practicable, to devise means for the education of idiots and

inebriates.

 

SEC. 10. The General Assembly shall provide that all the deaf

mutes, the blind, and the insane of the State, shall be cared for

at the charge of the State.

 

SEC. 11. It shall be steadily kept in view by the Legislature,

and the Board of Public Charities, that all penal and charitable

institutions should be made as nearly self-supporting as is

consistent with the purposes of their creations.

 

 

Article XII

 

Militia

 

SECTION 1. All able bodied male citizens of the State of

North-Carolina, between the ages of twenty-one and forty years,

who are citizens of the United States, shall be liable to duty in

the Militia, Provided, That all persons who may be adverse to

bearing arms, from religious scruples,

shall be exempt therefrom.

 

SEC. 2. The General Assembly shall provide for the organizing,

arming, equipping and discipline of the Militia, and for paying

the same when called into active service.

 

 

SEC. 3. The Governor shall be Commander-in-Chief, and have power

to call out the Militia to execute the law, suppress riots or

insurrection, and to repel invasion.

 

SEC. 4. The General Assembly shall have power to make suche

exemptions as may be deemed necessary, and to enact laws that may

be expedient for the government of the Militia.

 

 

Article XIII

 

Amendments

 

SECTION 1. No Convention of the people shall be called by the

General Assembly unless by the concurrence of two-thirds of all

the members of each House of the General Assembly.

 

SEC. 2. No part of the Constitution of this State shall be

altered, unless a bill to alter the same shall have been read

three times in each House of the General Assembly and agreed to

by three-fifths of the whole number of members of each House,

respectively; nor shall any alteration take place until the bill,

so agreed to, shall have been published six months previous to a

new election of members to the General Assembly.  If, after such

publication, the alteration proposed by the preceding General

Assembly shall be agreed to, in the first session thereafter, by

two-thirds of the whole representation in each House of the

General Assembly, after the same shall have been read three times

on three several days in each House, then the said General

Assembly shall prescribe a mode by which the amendment or

amendments may be submitted to the qualified voters of the House

of Representatives throughout the State; and if, upon comparing

the votes given in the whole State, it shall appear that a

majority of the voters voting thereon have approved thereof,

then, and not otherwise, the same shall become part of the

Constitution.

 

 

Article XIV

 

Miscellaneous

 

SECTION 1. All indictments which shall have been found, or may

hereafter be found, for any crime or offence committed before the

Constitution takes effect, may be preceeded upon in the proper

courts, but no punishment shall be inflicted, which is forbidden

by this Constitution.

 

SEC. 2. No person who shall hereafter fight a duel, or assist in

the same as a second, or send, accept, or knowingly carry a

challenge therefor, or agree to go out of this State to fight a

duel, shall hold any office in this State.

 

SEC. 3. No money shall be drawn from the Treasury but in

consequence of made by law, and an accurate account of the

receipts and expenditures of the public money shall be annually

published.

 

SEC. 4. The General Assembly shall provide, by proper

legislation, for giving to mechanics and laborers an adequate

lien on the subject matter of their labor.

 

SEC. 5. In the absence of any contrary provision, all officers in

this State, whether heretofore elected, or appointed by the

Governor, shall hold their positions only until other

appointments are made by the Governor, or, if the officers are

elective, until their successors shall have been chosen and duly

qualified, according to the provisions of this Constitution.

 

SEC. 6. The seat of government in this State shall remain at the

city of Raleigh.

 

SEC. 7. No person shall hold more than one lucrative office under

the State at the same time; Provided, That officers in the

 

Militia, Justices of the Peace, Commissioners of Public Charities

and Commissioners appointed for special purposes, shall not be

considered officers within the meaning of this section.

 

Done at Convention at Raleigh, the sixteenth day of March in the

year of our Lord, a thousand eight hundred and sixty eight, and

of the Independence of the United States, the ninety second.

 

AMENDMENTS

 

 

 

AMENDMENT OF 1789

 

AN ORDINANCE TO ENABLE THE FREEMAN OF THE TOWN OF FAYETTEVILLE TO

SELECT A MEMBER TO REPRESENT SAID TOWN ON THE SAME TERMS WITH THE

OTHER TOWNS IN THE STATE.

 

 

AMENDMENTS OF 1835

 

Article I.

Section 1.

 

 

1. The senate of this State shall consist of fifty

representatives, biennially chosen by ballot, and to be elected

by districts; which districts shall be laid off by the general

assembly, at its first session after the year one thousand eight

hundred and forty-one; and afterwards, at its first session after

the year one thousand eight hundred and fifty-one; and then every

twenty years thereafter, in proportion to the public taxes paid

into the treasury of the State, by the citizens thereof; and the

average of the public taxes paid by each county into the treasury

of the State, for the five years preceding the laying off of the

districts, shall be considered as its proportion of the public

taxes, and constitute the basis of apportionment: Provided that

no county shall be divided in the formation of a senatorial

district. And when there are one or more counties having an

excess of taxation above the ratio to form a senatorial district,

adjoining a county or counties deficient in such ratio, the

excess or excesses aforesaid shall be added to the taxation of

the county or counties deficient; and if, with such addition, the

county or counties receiving it shall have the requisite ratio,

such county and counties each shall constitute a senatorial

district.

 

 

2. The house of commons shall be composed of one hundred and

twenty representatives, biennially chosen by ballot, to be

elected by counties according to their federal population, that

is, according to their respective numbers, which shall be

determined by adding to the whole number of free persons,

including those bound to service for a term of years, and

excluding Indians not taxed, three-fifths of all other persons;

and each county shall have at least one member in the house of

commons, although it may not contain the requisite ratio of

population.

 

 

3. This apportionment shall be made by the general assembly, at

the respective times and periods when the districts for the

senate are hereinbefore directed to be laid off; and the said

apportionment shall be made according to an enumeration to be

ordered by the general assembly, or according to the census which

may be taken by order of congress, next preceding the making such

apportionment.

 

 

4. In making the apportionment in the house of commons, the ratio

of representation shall be ascertained by dividing the amount of

federal population in the State, after de ducting that

comprehended within those counties which do not severally contain

the one hundred and twentieth part of the entire federal

 

population aforesaid, by the number of representatives less than

the number assigned to the said counties. To each county

containing the said ratio, and not twice the said ratio, there

shall be assigned one representative; to each county containing

twice, but not three times the said ratio, there shall be as

signed two representatives, and so on progressively; and then the

remaining representatives shall be assigned severally to the

counties having the largest fractions.

Section 2.

 

1. Until the first session of the general assembly, which shall

be had after the year eighteen hundred and forty-one, the senate

shall be composed of members to be elected from the several

districts hereinafter named, that is to say, the first district

shall consist of the counties of Perquimans and Pasquotank; the

2nd district of Camden and Currituck; the 3rd district, Gates and

Chowan; the 4th district, Washington and Tyrrell; the 5th

district, Northampton; the 6th district, Hertford; the 7th

district, Bertie; the 8th district, Martin;  the 9th district,

Halifax; the 10th district, Nash; the 11th district, Wake; the

12th district, Franklin; the 13th district, Johnston; the 14th

district, Warren; the 15th district, Edgecombe; the 16th

district, Wayne; the 17th district, Greene and Lenoir; the 18th

district, Pitt; the 19th district, Beaufort and Hyde; the 20th

district, Carteret and Jones; the 21st district, Craven; the 22d

district, Chatham; the 23d district, Granville; the 24th

district, Person; the 25th district, Cumberland; the 26th

district, Sampson; the 27th district, New Hanover; the 28th

district, Duplin; the 29th district, Onslow; the 30th district,

Bruns wick, Bladen, and Columbus; the 31st district, Robeson and

Richmond; the 32d district, An son; the 33d district, Cabarrus;

the 34th district, Moore and Montgomery; the 35th district,

Caswell; the 36th district, Rockingham; the 37th district,

Orange; the 38th district, Randolph; the 39th district, Guilford;

the 40th district, Stokes; the 41st district, Rowan;  the 42d

district, Davidson; the 43d district, Surry; the 44th district,

Wilkes and Ashe; the 45th district, Burke and Yancey; the 46th

district, Lincoln; the 47th district, Iredell; the 48th district,

Rutherford; the 49th district, Buncombe, Haywood and Macon; the

50th district, Mecklenburg:-each district to be entitled to one

senator.

 

2. Until the first session of the general assembly after the

year eighteen hundred and forty-one, the house of commons shall

be composed of members elected from the counties in the following

manner, viz.: The counties of Lincoln and Orange shall elect four

members each. The counties of Burke, Chatham, Granville,

Guilford, Halifax, Iredell, Mecklenburg, Rowan, Rutherford,

Surry, Stokes, and Wake shall elect three members each. The

counties of Anson, Beaufort, Bertie, Buncombe, Cumberland,

Craven, Caswell, Davidson, Duplin, Edgecombe, Franklin, Johnston,

Montgomery, New Hanover, Northampton, Person, Pitt, Randolph,

Robeson, Richmond, Rockingham, Sampson Warren, Wayne, and Wilkes

shall elect two members each. The counties of Ashe, Bladen,

Brunswick, Camden, Columbus, Chowan, Currituck, Carteret,

 

Cabarrus, Gates, Greene, Haywood, Hertford, Hyde, Jones, Lenoir,

Macon, Moore, Martin, Nash, Onslow, Pasquotank, Perquimans,

Tyrrell, Washington, and Yancey shall elect one member each.

 

Section 3

 

1. Each member of the senate shall have usually resided in the

district for which he is chosen for one year immediately

preceding his election, and for the same time shall have

possessed and continued to possess in the district which he

represents, not less than three hundred acres of land in fee.

 

 

2. All free men of the age of twenty-one years (except as is

hereinafter declared), who have been inhabitants of any one

district within the State twelve months immediately preceding the

day of any election, and possessed of a freehold within the same

district of fifty acres of land, for six months next before and

at the day of election, shall be entitled to vote for a member of

the senate.

 

 

3. No free Negro, free mulatto, or free person of mixed blood,

descended from Negro ancestors to the fourth generation inclusive

(though one ancestor of each generation may have been a white

person) shall vote for members of the senate or house of commons

.

 

 

Section 4.

 

1. In the election of all officers, whose appointment is

conferred on the general assembly by the constitution, the vote

shall be viva voce.

 

2. The general assembly shall have power to pass laws regulating

the mode of appointing and removing militia officers.

 

3. The general assembly shall have power to pass general laws

regulating divorce and alimony, but shall not have power to grant

a divorce or secure alimony in any individual case.

 

4. The general assembly shall not have power to pass any private

law to alter the name of any person, or to legitimate any persons

not born in lawful wedlock, or to restore to the rights of

citizenship any person convicted of an infamous crime; but shall

have power to pass general laws regulating the same.

 

5 The general assembly shall not pass any private law, unless it

shall be made to appear that thirty days' notice of application

to pass such law shall have been given, under such directions and

in such manner as shall be provided by law.

 

6. If vacancies shall occur by death, resignation or otherwise,

before the meeting of the general assembly, writs may be issued

by the governor, under such regulations as may be prescribed by

law.

 

7. The general assembly shall meet biennially, and at each

biennial session shall elect, by joint vote of the two houses, a

secretary of state, treasurer and council of state, who shall

continue in office for the term of two years.

 

 

Article II.

 

 

1. The governor shall be chosen by the qualified voters for the

members of the house of commons, at such time and places as

members of the general assembly are elected.

 

2. He shall hold his office for the term of two years from the

time of his installation, and until another shall be elected and

qualified; but he shall not be eligible more than four years in

any term of six years.

 

3. The returns of every election for governor shall be sealed up

and transmitted to the seat of government, by the returning

officers, directed to the speaker of the senate, who shall open

 

and publish them in the presence of a majority of the members of

both houses of the general assembly. The person having the

highest number of votes shall be governor; but if two or more

shall be equal and highest in votes, one of them shall be chosen

governor by joint vote of both houses of the general assembly.

 

4. Contested elections for governor shall be determined by both

houses of the general assembly, in such manner as shall be

prescribed by law.

 

5. The governor-elect shall enter on the duties of the office on

the first day of January next after his election, having

previously taken the oaths of office in the presence of the

members of both branches of the general assembly, or before the

chief justice of the supreme court, who, in case the

governor-elect should be prevented from attendance before the

general assembly, by sickness or other unavoidable cause, is

authorized to administer the same.

 

Article III.

 

Section 1.

  1. The governor, judges of the supreme court, and judges of the

superior courts, and all other officers of this State (except

justices of the peace and militia officers), may be impeached for

wilfully violating any article of the constitution,

maladministration, or corruption.

2. Judgment, in cases of impeachment, shall not extend further

than to remove from office and disqualification to hold and enjoy

any office of honor, trust, or profit under this State; but the

party convicted may nevertheless be liable to indictment, trial,

judgment, and punishment, according to law.

 

3. The house of commons shall have the sole power of

impeachment. The senate shall have the sole power to try all

impeachments. No person shall be convicted upon any impeachment,

unless two-thirds of the senators present shall concur in such

conviction; and before the trial of any impeachment, the members

of the senate shall take an oath or affirmation truly and

impartially to try and determine the charge in question,

according to evidence.

Section 2.

 

1. Any judge of the supreme court, or of the superior courts,

may be removed from office for mental or physical inability, upon

a concurrent resolution of two-thirds of both branches of the

general assembly. The judge, against whom the legislature may be

about to proceed, shall receive notice thereof, accompanied by a

copy of the causes alleged for his removal, at least twenty days

before the day on which either branch of the general assembly

shall act thereon.

The salaries of the judges of the supreme court, or of the

superior courts, shall not be diminished during their continuance

in office.

 

 

Section 3.

 

Upon the conviction of any justice of the peace of any infamous

crime, or of corruption or malpractice in office, the commission

of such justice shall be thereby vacated, and he shall be forever

disqualified from holding such appointment.

 

 

Section 4.

 

The general assembly at its first session after the year one

thousand eight hundred and thirty-nine, and from time to time

thereafter, shall appoint an attorney-general, who shall be

commissioned by the governor, and shall hold his office for the

term of four years; but if the general assembly should hereafter

 

extend the term during which solicitors of the State shall hold

their offices, then they shall have power to extend the term of

office of the attorney-general to the same period.

 

 

Article IV

Section 1.

 

 

l. No convention of the people shall be called by the general

assembly, unless by the concurrence of two-thirds of all the

members of each house of the general assembly.

 

 

2. No part of the constitution of this State shall be altered,

unless a bill to alter the same shall have been read three times

in each house of the general assembly, and agreed to by

three-fifths of the whole number of members of each house

respectively; nor shall any alteration take place until the bill

so agreed to shall have been published six months previous to a

new election of members to the general assembly. If, after such

publication, the alteration proposed by the preceding general

assembly shall be agreed to in the first session thereafter, by

two-thirds of the whole representation in each house of the

general assembly, after the same shall have been read three times

on three several days, in each house, then the said general

assembly shall prescribe a mode by which the amendment or

amendments may be submitted to the qualified voters of the house

of commons throughout the State; and if, upon comparing the votes

given in the whole State, it shall appear that a majority of the

voters have approve d thereof, then, and not otherwise, the same

bill become a part of the constitution.

 

 

Section 2.

 

 

The thirty-second section of the constitution shall be amended to

read as follows: No person who shall deny the being of God, or

the truth of the Christian religion, or the divine authority of

the Old or New Testament, or who shall hold religious principles

incompatible with the freedom or safety of the State, shall be

capable of holding any office or place of trust or profit in the

civil department within this State.

 

 

Section 3.

 

1. Capitation tax shall be equal throughout the State, upon all

individuals subject to the same.

 

2. All free males over the age of twenty-one years, and under

the age of forty-five years, and all slaves over the age of

twelve years, and under the age of fifty years, shall be subject

to capitation tax, and no other person shall be subject to such

tax: Provided, that nothing herein contained shall prevent

exemptions of taxable polls, as heretofore prescribed by law, in

cases of bodily infirmity.

 

 

Section 4.

 

No person who shall hold any office or place of trust or profit

under the United States, or any department thereof, or under this

State, or any other State government, shall hold or exercise any

other office or place of trust or profit under the authority of

this State, or be eligible to a seat in either house of the

general assembly: Provided, that nothing here-in contained shall

extend to officers in the militia or justices of the peace.

 

Ratified in convention, this eleventh day of July, in the year

of our Lord one thousand eight hundred and thirty-five.

NATHANIEL MACON, President.

EDMUND B. FREEMAN, Secretary.

JOSEPH D. WARD, Asst. Secty.

 

 

 

AMENDMENT OF 1857

 

Every free white man of the age of twenty-one years, being a

native or naturalized citizen of the United States and who has

been an inhabitant of the State for twelve months immediately

preceding the day of any election, and shall have paid public

taxes, shall be entitled to vote for a member of the senate for

the district in which he resides.

 

 

 

 

AMENDMENTS OF 1861-62

 

 

I. AN ORDINANCE TO DISSOLVE THE UNION BETWEEN THE STATE OF NORTH

CAROLINA AND THE OTHER STATES UNITED WITH HER UNIXER THE COMPACT

OF GOVERNMENT ENTITLED THE CONSTITUTION OF THE UNITED STATES.

 

 

We, the people of the State of North Carolina in Convention

assembled, do declare and ordain, and it is hereby declared and

ordained, that the ordinance adopted by the State of North

Carolina, in the Convention of 1789, whereby the Constitution of

the United States was ratified and adopted, and also, all acts

and parts of acts of the General Assembly, ratifying and adopting

amendments to the said Constitution, are hereby repealed,

rescinded and abrogated.

 

 

We do further declare and ordain, that the Union now subsisting

between the State of North Carolina and the other States, under

the title of the United States of America, is hereby dissolved,

and that the State of North Carolina is in the full possession of

exercise of all those rights of sovereignty which belong and

appertain to a free and independent State.

 

 

Passed, 20th day of May 1861.

 

 

II. AN ORDINANCE DEFINING TREASON AGAINST THE STATE.

 

 

Be it ordained by this Convention, and it is hereby ordained by

the authority of the same as follows:-

 

Treason against the State of North Carolina, shall consist only

in levying War against her, or in adhering to her enemies; giving

them aid and comfort. No person shall be convicted of Treason,

unless on the Testimony of two witnesses to the same over act, or

on confession in open Court.

 

 

Read three times and passed 18th June 1861.

 

 

III. AN ORDINANCE TO RATIFY THE CONSTITUTION OF THE PROVISIONAL

GOVERNMENT OF THE CONFEDERATE STATES OF AMERICA.

 

 

We the people of North Carolina, in Convention assembled, do

declare and ordain, and it is hereby declared and ordained,

 

That the State of North Carolina does hereby assent to and ratify

the Constitution for the Provisional Government of the

Confederate States of America, adopted at Montgomery, in the

State of Alabama, on the 8th day of February, A. D. 1861, by the

Convention of Delegates from the States of South Carolina,

Georgia, Florida, Alabama, Mississippi and Louisiana, and

that North Carolina will enter into the Federal Association of

States upon the terms therein proposed when admitted by the

Congress or any Competent authority of the Confederate States.

 

Done at Raleigh, the twentieth day of May 1861.

 

 

IV. AN ORDINANCE TO RATIFY THE CONSTITUTION OF THE CONFEDERATE

STATES OF AMERICA.

 

Whereas, on the eleventh day of March, A. D. 1861, at Montgomery,

in the State of Alabama, a Constitution was adopted, by a

Congress of delegates from the States of Alabama, Florida,

Georgia, Louisiana, Mississippi, South Carolina, and Texas,

united under the name of the Confederate States of America, which

 

Constitution hath been ratified by each of the said

states:

 

Now, therefore, this convention, having seen and considered the

said Constitution, doth, in behalf of the people of the State of

North Carolina, adopt and ratify the said Constitution and form

of Government, the tenor of which appears in a schedule hereto

annexed:

 

Read three times and passed, 6th June 1861.

 

 

V. AN ORDINANCE TO AMEND THE 4TH SECTION OF THE 4TH ARTICLE OF

THE

AMENDMENTS TO THE CONSTITUTION.

 

 

Be it Ordained by this Convention of the people, and it is hereby

ordained by the authority of the same, That the fourth Section of

the fourth Article of the amendments to the Constitution,

proposed and ratified in the year eighteen hundred and

thirty-five, be amended by striking out the word "United" and

inserting in lieu thereof, the word "Confederate" before the word

"States".

 

 

Read three times and passed, 20th June 1861.

 

 

VI. AN ORDINANCE IN RELATION TO TAXATION.

 

 

SECTION 1. Be it ordained, That the third Section of the fourth

article of the amendments of the Constitution be and the same if

hereby annulled.

 

 

SEC. 2. Be it further ordained, That all free males over the age

of twenty-one years and under the age of forty-five years shall

be subject to a Capitation tax, not less than the tax laid on

land of the value of three hundred dollars, and no other free

person nor slave, shall be liable to such taxation; and also,

land and slaves shall be taxed according to their value, and the

tax on slaves shall be as much but not more than that on land,

according to their respective values; but the tax on slaves may

be laid on their general average value in the State or on their

values in classes in respect to age, sex, and other distinctive

properties, in the discretion of the General Assembly; and the

value be assessed in such modes as may be prescribed by law:

Provided, That nothing herein contained shall prevent the

exemption from taxation of soldiers in the public service, or of

free males or slaves in cases of bodily or mental infirmity, or

of such real estate as hath hitherto been exempted by law.

 

 

Read three times and passed 25th June 1861.

 

 

VII. AN ORDINANCE TO SECURE TO CERTAIN OFFICERS AND SOLDIERS THE

RIGHT TO VOTE.

 

 

SECTION 1. Be it ordained by this convention and it is hereby

ordained by authority of the same, That all officers and soldiers

in the service of the State or of the Confederate States, who are

of the age of twenty-one years and who are citizens of this

State, or who, if within the State, shall be absent from their

respective counties, at elections hereafter to be held, if the

exigencies of the times shall permit, shall be entitled to vote

for Sheriffs, Clerks of the County and Superior Courts, our

members of the General Assembly for their respective Counties;

and shall, also, be entitled to vote for Governor, Electors for

President and Vice President of the Confederate States, and for

members of the Confederate Congress for their respective

districts.

 

 

SEC. 2. Be it further ordained, That three freeholders of the

respective Companies, under the direction of the Commanding

 

Officers of the regiments, to which they belong, shall open polls

on Thursday before the day appointed for holding elections in

this State, and said elections shall be conducted in all respects

according to the laws of this State. The three freeholders

aforesaid, shall prepare a fair copy of the votes polled, and

shall transmit the same with the list of voters to the

Sheriffs of their respective counties; and where Officers and

Soldiers in the same Companies, shall vote in different Counties

or different Congressional districts the said free holders shall

specify accordingly, and make returns to the Sheriffs of the

different Counties above referred to.

 

 

SEC. 3. Be it further ordained, That the Sheriffs of the

respective Counties of this State shall count the votes of the

said officers and soldiers, if received within seven days after

the elections; and they shall not declare the result of the said

elections until the seven days above mentioned, shall have

expired.

 

 

SEC. 4. Be it further ordained that this ordinance shall be in

force from and after the day of its ratification; provided this

ordinance shall be in force during the existence of the present

war with the United States, and no longer.

 

 

Read three times and passed, June 15th 1861.

 

 

AN ORDINANCE TO AMEND AN ORDINANCE ENTITLED"AN ORDINANCE TO SE

CURE TO CERTAIN OFFICERS AND SOLDIERS THE RIGHT TO VOTE.

 

SECTION 1. Be it ordained by the Delegates of the people of

North Carolina in Convention assembled, and it is hereby ordained

by the authority of the same, That the proper returning officers

of every County in this State shall include in their returns the

votes of officers and soldiers given in any election in which

they may be entitled to vote by Law, if received within twenty

days after they are cast, and the said returning officers shall

not make up their returns and declare the result of said

elections until the expiration of twenty days as aforesaid.

 

SEC. 2. Be it further ordained, That the proper returning

officer of every County shall, within eight days after the period

fixed for comparing the returns, transmit to the seat of

government and deliver to the proper officer a statement of votes

given in his county for Governor, which statement shall be made

in the manner and form now required by law.

 

SEC. 3. Be it further ordained, That the Governor be directed to

make known by proclamation the provisions of the ordinance

securing to officers and soldiers the right to vote.  Passed and

ratified in open Convention the 8 day of May A. D. 1862.

 

 

VIII. AN ORDINANCE TO PROVIDE FOR AMENDING THE FORTY-SIXTH

SECTION OF THE CONSTITUTION OF THIS STATE, IN REGARD TO TAKING

THE YEAS  AND NAYS IN EITHER HOUSE OF THE GENERAL ASSEMBLY.

 

Be it ordained by the Delegates of the people of North Carolina

in Convention assembled and it is hereby ordained by the

authority of the same; That the forty-sixth section of the

Constitution of this State be so amended as to insert, after the

word "seconded" in the fourth line of said section, the words "by

one-fifth of the members present."

 

 

Read three times and ratified in open Convention, the sixth day

of December A. D.  1861.

 

 

 

IX. AN ORDINANCE TO AMEND THE SECOND SECTION OF THE FOURTH

ARTICLE OF THE AMENDMENTS TO THE CONSTITUTION.

 

Be it ordained by the Delegates of the people of North Carolina

in Convention assembled, and it is hereby ordained by the

authority of the same, That the second section of the fourth

article of the amendments to the Constitution shall be amended to

read as follows:

 

"No person who shall deny the being of God, or the divine

authority of both the Old and New Testiments, or who shall hold

religious opinions incompatible with the freedom or safety of the

State, shall be capable of holding any office or place of trust

or profit in the civil department of this State."

 

Read three times and ratified in open Convention, the sixth day

of December A. D. 1861.

 

 

X. AN ORDINANCE IN RELATION TO ELECTORS OF THE SENATE.

 

Be it ordained by the Delegates of the people of North Carolina

in Convention assembled and it is hereby ordained by the

authority of the same, That every free white man, of the age of

twenty one years, being a native or naturalized citizen of the

Confederate States, who has been an inhabitant of the state for

twelve months, and of the district in which he proposes to vote

six months next before the day of any election, and shall have

paid public taxes, shall be entitled to vote for a member of the

Senate for the district in which he resides.

Passed and ratified in open Convention on the 10th day of May A.

D. 1862.

 

XI. AN ORDIANCE CONCERNING THE ELECTION OF GOVERNOR.

 

 

Whereas, By the construction which, in practice, has been given

to the constitution .  of the State, the Speaker of the Senate,

in case of a vacancy in the office of the Governor, shall

exercise the powers of Governor by virtue of his office as

Speaker, and without vacating the same, which said office of

Speaker must cease and determine with that of the incumbent as a

Senator, upon the election of his successor in the next section,

a vacancy will take place in the office of Governor from and

after the day of the next election on the first Thursday in

August next until the first day of January, A. D. 1863,  against

which it is the duty of this Convention to provide, Therefore,

 

SECTION 1. Be it ordained by the Delegates of the people of

North Carolina in Convention assembled, and it is hereby ordained

by the authority of the same; That the person who shall be

elected Governor of this State at the next regular election on

the first Thursday in August next, as now provided for by Law,

shall also fill the office and discharge the duties of Governor

of this State from the second Monday of September until his

successor shall be qualified.

 

SEC. 2. Be it further ordained, That the proper returning

officers of every county shall, as soon as the result of the

election is known in his county, transmit to the Secretary of

State a statement of the votes taken in his county for Governor,

which statement shall be made up from the poll

books of his county, as is now prescribed by law.

 

 

  SEC. 3. Be it further ordained, That the Secretary of State,

the Treasurer and Comptroller, shall, on the fourth Thursday in

August next, in the presence of the Governor, proceed to examine

said returns, and ascertain and declare what person shall have

received the greatest number of votes, where upon the Governor

shall issue his proclamation, declaring such person duly elected

Governor of this State from the second Monday of September, A. D.

1862, until his successor shall be qualified.

 

SEC. 4. Be it further ordained, That the person so declared and

proclaimed Governor, as aforesaid, shall, on the second Monday of

September, A. D. 1862, appear before some Judge of the Supreme

Court, or someone of the Judges of the Superior Courts of Law,

and take and subscribe the oath now prescribed by law for

qualification of Governor of this State, and shall immediately

enter upon the discharge of the duties of his office; which oath

S9 taken and subscribed shall be filed in the office of the

Secretary of State.

 

SEC. 5. Be it further ordained, That His Excellency, Henry T.

Clark, shall continue to hold the office and discharge the duties

of Governor of this State from the first Thursday in August until

the second Monday in September next or until his successor shall

be qualified, as fully and to all intents and purposes as he has

heretofore done, and shall receive the usual salary, in

proportion to his extended term of service.

 

Passed and ratified in open Convention on the 2nd day of May A.

D. 1862.

 

 

XII. AN ORDINANCE TO ALLOW CERTAIN PERSONS TO VOTE FOR GOVERNOR

IN ANY OTHER THAN THE COIJNTIES IN WHICH THEY RESIDE.

 

 

SECTION 1. Be it ordained by the Delegates of the people of North

Carolina in convention assembled, and it is hereby ordained by

the authority of the same, That any citizen of this State who

shall be entitled to vote for Governor in the county wherein he

is domiciled, shall be entitled to vote  for Governor in any

county in this State.

 

SEC. 2. Be it further ordained, That it shall or may be lawful

for the Sheriffs of the counties in this State in the possession

of or under the control of the enemy to compare the poles of

their respective counties for Governor and members of the

Legislature, at any place in this State they may think proper.

 

SEC. 3. Be it further ordained, That this ordinance shall be and

continue in force for and during the present war, and no longer,

unless sooner repealed or modified by the General Assembly.

 

Passed and ratified in open Convention on the 12th day of May A.

D. 1862.

 

 

AN ORDINANCE DECLARING WHAT ORDINANCES OF THIS CONVENTION SHALL

HAVE PERMANENT OPERATION.

 

 

SECTION 1. Be it ordained by the Delegates of the people of North

Carolina in Convention assembled, and it is hereby ordained by

the authority of the same, That the following ordinances passed

by this Convention shall be of permanent operation and be

irrepealable by the General Assembly namely:

f

I. An Ordinance to dissolve the Union between the State of North

Carolina and the other States united with her under the compact

of government entitled "the Constitution of the United States."

 

 

II. An Ordinance defining treason against the State.

 

III. An Ordinance to ratify the Constitution of the Provisional

Government of the Confederate States of America.

 

IV. An Ordinance to ratify the Constitution of the Confederate

States of America.

 

V. An Ordinance to amend the fourth section of the fourth Article

of the amendments to the Constitution.

VI. An Ordinance in relation to taxation

 

VII. An Ordinance to secure to certain officers and soldiers the

right to vote.

 

VIII. An Ordinance in relation to taking the yeas and nays in the

General Assembly.

 

IX. An Ordinance to amend the second section of the fourth

Article of the amendments to the Constitution.

 

X. An Ordinance in relation to elections of the Senate.

 

XI. An Ordinance concerning the election of Governor.

 

XII. An Ordinance to allow certain persons to vote for Governor

in any other County than that in which they reside.

 

SEC. 2. Be it further ordained, That all other ordinances and

resolutions passed by this convention at any of its sessions,

shall have the force and effect only of acts of the ordinary

Legislature, and may be repealed or modified at the pleasure of

the General Assembly, in the same manner and to the same extent

that public statutes are liable to repeal or modification.

 

Passed and ratified in open Convention on the 13th day of May A.

D. 1862.

 

 

 

Footnote # 11

 

Congressman McFadden: "I hope that is the case, but I may say to

the gentleman that during the sessions of this Economic

Conference in London there is another meeting taking place in

London.

We were advised by reports from London last Sunday of the arrival

of George L. Harrison, Governor of the Federal Reserve Bank of

New York, and we were advised that accompanying him was Mr.

Crane, the Deputy Governor, and James P. Warburg, of the Kuhn-

Loeb banking family, of New York and Hamburg, Germany, and also

Mr. O. M. W. Sprague, recently in the pay of Great Britain as

chief economic and financial adviser of Mr. Norman, Governor of

the Bank Of England, and now supposed to represent our Treasury.

These men landed in England and rushed to the Bank of England for

a private conference, taking their luggage with them, before even

going to their hotel.  We know this conference has been taking

place for the past 3 days behind closed doors in the Bank of

England with these gentlemen meeting with heads of the Bank of

England and the Bank for International Settlements, of Basel,

Switzerland, and the head of the Bank France, Mr. Maret.  They

are discussing war debts; they are discussing stabilization of

exchanges and the Federal Reserve System, I may say to the

Members of the House.

     The Federal reserve System, headed by George L. Harrison, is

our premier, who is dealing with debts behind the closed doors of

the Bank of England; and the United States Treasury is there is

there, represented by O. M. W. Sprague, who until the last 10

days was the representative of the Bank of England, and by Mr.

James P. Warburg, who is the son of the principal author of the

federal Reserve Act.  Many things are being settled behind the

closed doors of the Bank of England by this group.  No doubt this

 

group were pleased to hear that yesterday the Congress passed

amendments to the Federal Reserve Act and that the President

signed the bill which turns over to the Federal Reserve System

the complete total financial resources of money and credit in the

United States.  Apparently the domination and control of the

international banking group is being strengthened....

     We are being led by the international Jews operating through

Great Britain and the Bank of England, and it is the purpose of

those who are directing and cooperating that debts be reduced to

10 percent or canceled entirely....

     Then there is James P. Warburg, who was called in by the

President and who has sat in on all of the conferences here in

Washington participated in by the foreign representatives

recently, and he is the financial adviser at the Economic

Conference and at the conferences in the Bank of England to which

I  have referred.  Mr. Warburg, you undoubtedly know, is the head

of the international Jewish financial group who were largely

responsible for the loaning abroad of the vast billions of

dollars by the people of the United States and which loans are

now frozen.  We must not overlook the fact, however, that J. P.

Morgan & Co. were close seconds in these transactions, and in

connection with this I wish to point out that George L. Harrison,

Governor of the Federal Reserve Bank of New York, is closely

identified with the Morgan House in all of the undertakings

internationally in which the Federal Reserve banks participated.

Congressional Record, June 14, 1934

 

     At that time a man named Jacob Schiff came to this country

as the agent of certain foreign money lenders.  His mission was

to get control of American railroads.  This man was a Jew.  He

was the son of a rabbi.  He was born in one of the Rothschilds's

houses in Frankfort, Germany.  He was a small fellow with a

pleasant face and, if I remember correctly, his eyes were blue.

At an early age he set out from Frankfort to seek his fortune and

went to Hamburg, Germany.  At Hamburg he entered the Warburg

banking establishment.  The Warburgs of Hamburg are bankers of

long standing, with branches in Amsterdam and Sweden.....

     Sometime before Schiff's arrival there was a firm of Jewish

peddlers or merchants in Lafayette, Ind., by the name of Kuhn &

Loeb.  I think they were there about 1850.  Probably they made

money out of the new settlers who passed through Indiana on their

way to the Northwest.  This firm of Jews had finally moved to New

York and had set themselves up as private bankers and had grown

rich.  Jacob Schiff married Teresa Loeb and became the head of

Kuhn, Loeb & Co.  Schiff made a great deal of money here for

himself and for the Jewish money lenders of London.  he began to

give orders to Presidents almost as a matter of course.  He

appears to have been a man who would stop at nothing to gain his

own ends. I do not blame him for being a Jew.  I blame him for

being a trouble maker.

     Russia had a powerful enemy in this man, Jacob Schiff.  The

people of the United States were to believe that this enmity of

his was caused by wrongs done to Russian Jews.  I look elsewhere

 

for the motives which animated him.

     In the 1890's Schiff was the agent in this country of Ernest

Cassell and other London money lenders.  These money lenders were

looking forward to a war between England and Russia and were

making preparations for propaganda designed to support England in

the United States.  This country was then a debtor nation, paying

a high yearly tribute to Schiff and his principals.  Schiff

accordingly took it upon himself to create a prejudice in the

United States against Russia.  He did this by presenting the

supposed wrongs of the Russian Jews to the American public.

Unpleasant tales began to appear in print.  School children in

this country were told the Jewish children were crippled for life

by Russian soldiers wielding the knout.  By unfair means a wedge

was driven between Russia and the United States.

     One of Schiff's schemes was a sort of wholesale importation

of Russian Jews into the United States.  He drew up divers and

sundry regulations for the temporary transplantation of these

Jewish emigrants.  He would not, he said, have them enter this

country through the port of New York, because they might like New

York too well to leave it for the outposts he had selected for

them.  He said it would be best to have them come in at New

Orleans and to have them stay there 2 weeks, "so that they could

pick up a few words of English and get a little money" before

setting off for what he called the "American hinterland."  How

they were to get the money he did not say.

     Aided by Schiff and his associates, many Russian Jews came

to this country about that time and were naturalized here.  A

number of these naturalized Jews then returned to Russia.  Upon

their return to that country, they immediately claimed exemption

there from the regulations of domicile imposed on Jews; that is,

they claimed the right to live on purely Russian soil because

they were American citizens, or "Yankee" Jews.  Disorders

occurred and were exploited in the American press.  Riots and

bombings and assassinations, for which somebody furnished money,

took place.  The perpetrators of these outrages appear to have

been shielded by powerful financial interests.  While this was

going on in Russia, a shameless campaign of lying was conducted

here, and large sums of money were spent to make the general

American public believe that the Jews in Russia were a simple and

guileless folk ground down by the Russians and needing the

protection of the great benefactor, of all the world--Uncle Sam.

In other words, we were deceived.  We were so deceived that we

allowed them to come in here and to take the bread out of the

mouths of our own American citizens.

     I come now to the time when war was declared between Russia

and Japan.  This was bought about by a skillful use of Japan so

that England would not have to fight Russia in India.  It was

cheaper and more convenient for England to have Japan fight

Russia than to do it herself.  As was to be expected, Schiff and

his London associates financed Japan.  They drew immense

quantities of money out of the United States for that purpose.

The bankgound for the loans they floated in this country had been

 

skillfully prepared.  The "sob stuff", of which Schiff was a

master, had sunk into the hearts of sympathetic Americans.  The

loads were a great success.  Millions of American dollars were

sent to Japan by Schiff and his London associates.  England's

stranglehold on India was made secure.  Russia was prevented form

entering the Khyber Pass and falling on India from the northwest.

Japan at the same time was built up and became a great world

power, and as such is now facing us in the Pacific.  All this was

accomplished by control of the organs of American publicity,

releases to the effect that Russian Jews and "Yankee" Jews were

being persecuted in Russia, and by the selling of Japanese war

bonds to American citizens.

     While the Russo-Japanese War was in progress President

Theodore Roosevelt offered to act as peacemaker, and a conference

between representatives of the belligerents was arranged to take

place at Portsmouth, N.H.

     When the Portsmouth Conference took place, Jacob Schiff

attended it and used such influence as he had with Theodore

Roosevelt to win favors for Japan at the expense of Russia.  His

main object, then as always, was humiliation of Russians, whose

only crime was that they were Russians and not Jews.  He

endeavored to humiliate the Russians, but Count Witte, the

Russian plenipotentiary, did not allow him to succeed in this

attempt.  Schiff's power and the power of his organized

propaganda were well understood by Count Witte, however.

Consequently he was not surprised when President Roosevelt, who

was often deceived, twice asked him to have Russia treat Russian

Jews who had become naturalized in the United States and who had

thereafter returned to live in Russia with special consideration;

that is, not as Jews but as Americans.  Witte carried home a

letter from Roosevelt embodying this plea.

     Mr. Speaker, the restrictions upon Jews in Russia at that

time may or may not have been onerous.  But onerous or not,

before the Russians had time to change them, Schiff had the 80-

year-old-treaty of friendship and good will between Russia and

the United States denounced.  Speaking of this matter, Count

Witte says in his autobiography: "The Russians lost the

friendship of the American people."

     Mr. Speaker, I cannot believe that those people--the real

Russians--ever lost the true friendship of the American people.

They were done away with to suit the ambitions of those who

intend to be the financial masters of the world, and some of us

were deceived into thinking that in some mysterious way they,

themselves, were to blame.  The chasm that suddenly opened

between ourselves and our old friends and well-wishers in Russia

was a chasm created by Schiff the vindictive in his inhuman

greed, and he created it in the name of the Jewish religion....

     Mr. Speaker, the people of the United States should not

permit financial interests or any other special interests to

dictate the foreign policy of the United States Government.  But

in this connection history is now repeating itself.  You have

heard, no doubt, of the so-called persecutions of Jews in

Germany.

 

     Mr. Speaker, there is no real persecution of Jews in

Germany.  Hitler and the Warburgs, the Mendelssohns and the

Rothschilds, appear to be on the best of terms.  There is no real

persecution of the Jews in Germany, but there has been a

pretended persecution of them because there are 200,000 unwanted

Communistic Jews in Germany, largely Galician Jews who entered

Germany after the World War, and Germany is very anxious to get

rid of those particular Communistic Jews.  The Germans wish to

preserve the purity of their own blond racial stock.  They are

willing to keep rich Jews like  Max Warburg and Franz

Mendelssohns, whose families have lived in Germany so long that

they have acquired some German national characteristics.  But the

Germans are not willing to keep the Galician Jews, the Upstarts.

So a great show is put on, largely by German Jews themselves, in

the hope that Uncle Sam will prove himself to be as foolish as he

was before and that we will allow those Galician and Communistic

Jews to come in here.  That is why Miss Perking has been placed

in charge of the Department of Labor.  She is there to lower the

immigration bars.  It is thought that, being a woman, she may

disarm criticism.  She is and old hand with the international

Jewish bankers.  If she were not, she would not be here in a

Jewish-controlled administration.

     When the so-called "anti-Semitic campaign" designed for

American consumption was launched in Germany, France was alarmed

because she feared the Galician Jews might be dumped on French

soil.  French newspapers published articles concerning the

menace, but now that France has been shown that the purpose of

the anti-Semitic campaign is to dump the 200,000 communistic Jews

on the United States she is worried no longer.  "Ah", she says,

"1'Oncle Sam, he is to be the goat.  Very good."

     Mr. Speaker, I regard it as a pity that there are Americans

who love to fawn upon the money Jews and to flatter them.  Some

of these unfortunates are under obligations to Jewish money

changers and dare not cross them....

     You have witnessed the unlawful seizure by Franklin D.

Roosevelt of gold reserves and other values belonging to the

people of the United States, the destruction of banks, the

attempted whitewashing of the Federal Reserve Board and Federal

Reserve banks, the corruption of which he admitted in his

campaign harangues; and you may have noticed that what was

confiscated is not in the hands of the present constitutional

Government but in the hands of the international bankers who are

the nucleus of the new government Roosevelt is seeking to

establish here.  Roosevelt's actions  are not in accordance with

the Constitution of the United States.  They are in accordance

with the plans of the Third International.

     At one time Trotzky was a favorite with Jacob Schiff.

During the war Trotzky edited Novy Mir and conducted mass

meetings in New York.  When he left the United States to return

to Russia, he is said upon good authority to have traveled on

Schiff's money and under Schiff's protection.  He was captured by

the British at Halifax and immediately, on advice from a highly

 

placed personage, set free.  Shortly after his arrival in Russia

he was informed that he had credit in Sweden at the Swedish

branch of the bank owned by Max Warburg, of Hamburg.  This credit

helped to finance the seizure of the Russian revolution by the

international Jewish bankers.  It assisted them in subverting it

to their own ends.  At the present time the Soviet Union is in

debt.

     From the date of  Trotzky's return to Russia the course of

Russian history has, indeed, been greatly affected by the

operations of international bankers.  They have acted through

German and English institutions and have kept Russia in bondage

to themselves.  Their relatives in Germany have drawn immense

sums of money from the United States and have in turn financed

their agents in Russia at a handsome profit.

     The Soviet Government has been given United States Treasury

funds by the Federal Reserve  banks acting through the Chase Bank

and the Guaranty Trust Co. and other banks in New York City.

England, no less than Germany, has drown money from us through

the Federal Reserve banks and has re-lent it at high rates of

interest to the Soviet Government or has used it to finance her

sales to Soviet Russia and her engineering works within the

Russian boundaries.  The Dnieperstroy Dam was built with funds

unlawfully taken from the United States Treasury by the corrupt

and dishonest Federal Reserve Board and the Federal Reserve

banks....

     Mr. Speaker, an immense amount of United States money has

been used abroad in preparations for war and in the acquisition

and the manufacture of war supplies.  Germany is said to be part

owner of a large poison-gas factory at Troitsk on Russian soil.

China is almost completely Sovietized, and in the Asiatic

interior huge stocks of munitions are said to be stored awaiting

the day when the war lords of the United States will ship United

States troops to Asia.  Mr. Speaker, the United States should

look before it leaps into another war, especially a war in Asia.

It should decide whether it is worth while to join hands with

Russia and China in a war against Japan.  For myself, I say and I

have said it often that the United States should remember George

Washington's advice.  It should mind its own business and stay

home.  It should not permit the Jewish international bankers to

drive it into another war so that they and their Gentile fronts

and sycophants by way of Louis McHenry Howe, the graftmaster, may

reap rich profits on everything an army needs from toilet kits to

airplanes, submarined, tanks gas masks, poison gas, ammunition,

bayonets, guns, and other paraphernalia and instruments of

destruction.

Congressional Record, June 15, 1934

 

     Congressman McFadden: "The Congress of the United States

must immediately throw the searchlight of investigation into this

dark corner, or we are going to be swamped with political

influences that are manufactured in foreign countries and that

will lead us to the surrender of our heritage of  living, just as

has been done on former occasions.  Just as we did, for example,

when we entered into the Jay Treaty with England, which was

 

ratified on June 24, 1795, whereby we needlessly surrendered our

right to the freedom of the seas.  We fought the War of 1812 to

regain this right, but the same political influences prevented

even a discussion of this subject at the treaty which terminated

that war.  President Wilson vowed to regain the freedom of the

seas at the Treaty of Versailles; but did we regain it?  Is the

Jay Treaty still in force?"....

     "I stand here and say to you that I have studied these

records, and not only did we adopt this monetary policy without

debate, not only did we adopt it without consideration but we

adopted it without even knowledge of what we were doing!  It was

a piece of legislative trickery; it was a piece of work in the

committee that was silent and secretive.  Even members of the

committee did not know what was being done, according to their

own declarations.  The President and Members of the House did not

know they were acting on such a measure.  But, as I have said

before, the shadow of the hand of England rests over this

enactment."

Congressional Record, January 8, 1934

 

     Congressman Young: "Old Hickory was a great soldier.  His

victory at New Orleans is one of the most remarkable battles in

history.  The English army outnumbered Jackson's forces.  The

American losses were 13.  In half an hour the English had lost

2,600 men, including their commander, Sir Edward Pakenham, a

brother-in-law of the Duke of Wellington."

Congressional Record, January 8, 1934

 

     Congressman Fiesinger: "You will recall the gentleman spoke

about Professor Sprague, who was in the Treasury Department as

adviser to the Treasury after he came as adviser for the Bank of

England.  He was also monetary adviser to the Economic Conference

in London.".....

 

     Congressman Fiesinger: "I was just going to remark that very

thing, that the power to "coin and fix the value of money" is

solely within the power of the Congress of the United States and

it cannot be delegated to anybody else in the world."

     Congressman McFadden: "Will the gentleman yield further?"

     Congressman Fiesinger: " I do."

     Congressman McFadden: "What does the gentleman say in regard

to the delegation of that power to the Federal Reserve

System?"....

     Congressman Fiesinger: "I say it is illegal.  I say it is

unconstitutional, as far as it affects the value of basic money.

Power to control credits may be in a different class."

     Congressman McFadden: "The gentleman recognizes that that

was done, does he not?"

     Congressman Fiesinger: "Well, I think I recognize that fact;

but it may be that Congress intended to delegate banking and

credit control and not the control of the basic money values."

     Congressman McFadden: " The Federal Reserve System has the

power to issue Federal Reserve notes, which circulate as money?"

     Congressman Fiesinger: "It has.  Of  course, they are

promises to pay.  They are credits or I O U's of the bank."

     Congressman McFadden: "And that power was delegated by

Congress in the Federal Reserve Act."

     Congressman Fiesinger: "Yes, sir; with the intent to

regulate the volume of credit."

 

     Congressman McFadden: "And is being pursued by them, which

gives the Federal Reserve System control over the money and

credit in the United States."....

Congressman Mott: "What does the gentleman say about the

delegation by Congress to the President to fix the value of

money, under the farm bill?"

     Congressman Fiesinger: "I think it was illegal, and the

President did not want it.  It was forced upon him.  He never

asked to have the amendment attached to the farm bill.  It was

forced upon him, and he is exercising the power because he was

forced to exercise it; a power that he never wanted, and I say it

is all illegal and unconstitutional."....

     Congressman McFadden: "If the gentleman has been familiar

with the activities of Dr. Sprague over the history of the

Federal Reserve System, he well knows that Dr. Sprague has been

in all of the conferences, practically, between the Bank of

England, officers of the Federal Reserve bank in New York and

other central banks, which have had for their purpose the dealing

with national and international price levels.  That was one of

the functions that he was exercising as expert adviser of the

Bank of England."

     Congressman Fiesinger: " Now, I understand that Dr. Sprague

at the London conference was willing to peg the dollar to the

British pound at $3.50, and, if he had done that, the price

levels in America would have been in the control of the Bank of

England, and it would have been so low it would have wrecked our

national economy."

     Congressman Lamneck: "Will the gentleman please insert at

this point what Dr. Sprague said about who should control the

price level?"

     Congressman Fiesinger: "I may say-I did not expect to answer

that question, but Dr. Sprague, in a conference he had, stated he

believed that the value of gold should be controlled by the

British, because they were more competent, from banking

experience, so to do."

Congressional Record, January 8, 1934

 

 

Congressman McFadden: "Why should the United States be buying

gold and paying $35 and ounce for it?  Why Should the United

States be making Great Britain a present of $14.33 and ounce on

the hundreds of millions of dollars of British gold that is being

shipped to the United States through this process be favoring

four London gold brokers?  Why should the United States set a

price of $35 and pay Great Britain an increase of $14.33 on ever

ounce of gold?  This is interesting when you consider that three

fourths of all the gold produced in the world is produced in the

British Empire.  Did we do this because Great Britain demanded

it?  Is it  possible that this $14.33 profit to Great Britain on

every ounce of gold shipped into the United States is for

settlement of a debt that the United States owes to Great

Britain?

Congressional Record, February 20, 1934

 

Congressman McFadden: " I am quoting from the President's message

to Congress on this very measure. I quote: "That the title of all

gold be in the Government.  The total stock will serve as a

permanent and fixed metallic reserve which will change in amount

only as far as necessary for the settlement of international

 

balances or as may be required by  future agreement among nations

of the world for a redistribution of the world stock of monetary

gold."....

 

Congressman McFadden: "I say again what I have repeatedly said,

that there is a definite plan for the redistribution of the gold

of this country and of the world's gold.  The plan has been known

ever since the establishment of the Bank for International

Settlements that through that medium, or one similar to it,

eventually the redistribution of gold would take place."

Congressional Record, January 20, 1934

 

Congressman McFadden: "The gentleman, of course, is aware of the

fact that the Council of the Federation of Churches of Christ is

an offshoot of the Carnegie Foundation which is operating in this

country as a British-propaganda organization, tied up with all of

the other subversive organizations which are trying to hold down

proper preparedness in the United States. [Applause]

Congressional Record, January 30, 1934

 

Congressman Weideman: "So the paramount issue of today is this:

Shall the Government of the United States be run for the benefit

of the international bankers or shall the citizens of the United

States be given the right to "life, liberty, and the pursuit of

happiness"?  Shall we replace the Statue of Liberty with the

golden statue erected to the god of greed?  Shall we forget that

the only time our Saviour used force was when he drove the money

changers from the temple?  Let us reestablish the principle that

we all believe in:  That all men are entitled to a right to work,

to own their own homes, to reap a just reward for their labors,

and to enjoy nature's sunshine as God intended.  We owe it to our

children that we shall not depart and leave them in a condition

of bondage and slavery to organized greed and gold.".....

 

     Congressman Lemke: "....This nation is bankrupt; every State

in this Union is bankrupt; the people of the United States, as a

whole, are bankrupt.  The public and private debts of this

Nation, which are evidenced by bonds, mortgages, notes, or other

written instruments about to about $250,000,000,000, and it is

estimated that there is about $50,000,000,000 of which there is

no record, making in all about $300,000,000,000 of public and

private debts.  The total physical cash value of all the property

in the United States is now estimated at about $70,000,000,000.

That is more than it would bring if sold at public auction.  In

this we do not include debts or the evidence of debts, such as

bonds, mortgages, and so fourth.  These are not physical

property.  They will have to be paid out of the physical

property.  How are we going to pay $300,000,000,000 with only

$70,000,000,000?" Congressional Record, March 3, 1934

 

     Congressman McFadden: "In view of what the gentleman has

just said,  recall that Theodore Roosevelt, the year that he

passed on, made a statement to the effect that Felix Frankfurter

is the most dangerous man in the United States to our form of

government."

Congressional Record, March 13, 1934

 

     Congressman McFadden: "...It is right in line with the plan

which is now being worked out in England.  I want to point out to

 

the House that there is a concerted movement not only in England

but in the United States.  In the United States this movement is

in charge of certain men now engaged in writing legislation in

Department of Agriculture.  I refer to Mr. Tugwell, Mr. Mordecai

Ezekiel, and Mr. Frank, and their immediate associates, some of

whom are in other departments and some of whom are outside; and I

may even go so far as to say that they are aided and abetted in

this matter apparently by the Secretary of Agriculture.  Their

action in this matter is also assisted and aided through the

agency of the Foreign Policy Association of the United States,

which  is directly connected with the Fabian Society, or a branch

of it, in England, which at the present time is attempting to

take over the control of agriculture and its operation in

England, as well as the industries therein located.  I call your

especial attention to the recent article, America Must Choose, by

Secretary of Agriculture Wallace, a syndicated article put out

under the auspices of the Foreign Policy Association of New York

and copyrighted by them.  This article is quite in keeping with

the plan of the British offspring of the Fabian group.

     One of the stalwarts against the move in England is Stanley

Baldwin.  Mr. Baldwin issued a statement which was printed in the

United States recently.  It was a statement made over the radio,

and, if I have time, I will read it to you, because he is

standing today against the movement in England that I am speaking

against now, and that movement is evidenced by this legislation

and any other kind of legislation following, which have for their

purpose the regimenting of all production in the United States,

leading up to an absolute dictatorship.

     The quotation I refer to from Mr. Baldwin is as follows:

"Our freedom did not drop down like manna from heaven.  It has

been fought for from the beginning of our history and the blood

of men has been shed to obtain it.  It is the result of centuries

of resistance to the power of the executive and it has brought us

equal justice, trial by jury, freedom of worship, and freedom of

religious and political opinion.

     Democracy is far the most difficult form of government

because it requires for perfect functioning the participation of

everybody.  Democracy wants constant guarding, and for us to turn

to a dictatorship would be and act of consummate cowardice, of

surrender, of confession that our strength and courage alike had

gone.

     It is quite true the wheels of our state coach may be

creaking in heavy ground, but are you sure the wheels of the

coach are not creaking in Moscow, Berlin, and Vienna, and even in

the United States?

     The whole tendency of a dictatorship is to squeeze out the

competent and independent man and create a hierarchy accustomed

to obeying.  Chaos often results when the original dictator goes.

     The rise of communism or fascism--both alike believe in

force as a means of establishing their dictatorship--would kill

everything that had been grown by our people for the last 800 or

1,000 years."

 

     The plan in England to which I am referring is the

"political economic plan", drawn up by Israel Moses Schiff, the

director of a chain-store enterprise in England called Marks &

Spencer.  This enterprise declared a dividend of 40 percent for

1933, and was enabled to do so by the fact that it has until now

handled almost exclusively all imports from Soviet Russia, which

has enabled this house to undersell competitors.....

     The political economic plan is in operation in the British

Government by the means of a tariff advisory board.  This

organization has gathered all data and statistics obtained by

governmental and private organization in administrative,

industrial, trade, social, educational, agricultural, and other

circles.  Air-force statistics are in their hands, as well as

those of the law and medical professions.  this organization or

group have had access to all archives of the British Government,

just as the "brain trust" here in the United States have had

access to archives of our Government departments.

     Through the tariff advisory board, which was created in

February of 1933, and headed by Sir George May, the control of

industry and trade is being firmly established in the British

Empire.  This tariff advisory board works in direct connection

with the Treasury, and together with it devises the tariff

policy.

     In this bill and the tariff bill which follows it is

proposed to set up just such a board, under the direction of the

President, as the tariff advisory board of England.

     The tariff board in England has been granted the powers of a

law court and can exact under oath that all information

concerning industry and trade be given it.  Iron and steel, as

also cotton and industrials, in England have been ordered by the

tariff advisory board to prepare and submit plans for the

reorganization of their industries and warned that should they

fail to do so, a plan for complete reconstruction would be

imposed upon them.  May I suggest to you the similarity of this

plan with the N.R.A., and also suggest to you that the tariff

advisory board in England has been granted default powers and

can, therefore, impose its plan.

     The tariff board is composed, in addition to Sir George May,

of Sir Sidney Chapman, professor of economics and statistics, and

Sir George Allen Powell, of the British Food Board and Food

Council.  And it is a well-known fact that this particular

political economic group has close connection with the Foreign

Policy Association in New York.

     I wish to quote from a letter from a correspondent of mine

abroad, as follows:

"It appears that the alleged "brain trust" is supposed to greatly

influence the present United States policy.  Neither you nor I

are particularly interested in what takes place in England, but

what should interest us both, it seems to me, is that there is a

strong possibility that certain members of the "brain trust"

around our President are undoubtedly in touch with this British

organization and possibly are working to introduce a similar plan

in the United States.

     I understand the "brain trust" is largely composed of

 

Professor Frankfurter, Professor Moley, Professor Tugwell, Adolph

Berle, William C. Bullitt and the mysterious Mordecai Ezekiel.  I

think there is no doubt that these men all belong to this

particular organization with distinct Bolshevik tendencies.  So

it is quite possible that should this political economic plan be

developed in the United States, if this alleged "brain trust" has

really a serious influence over the judgement of our President,

this plan may be attempted in our country."

     Need I point out to you, who have been observing the

activities of the so-called "brain trust" in the writing and

sending to the Congress of legislation, that this legislation has

for its purpose the virtual setting up in the United States of a

plan similar to that which is being worked out in England.

     I am assured by serious people who are in a position to know

that this organization practically controls the British

Government, and it is the opinion of those who do know that this

highly organized and well-financed movement is intended to

practically Sovietize the English-speaking race.

     I wish to quote again from my correspondent, as follows:

Some 2 months ago when Lsrael Moses Sieff, the present head of

this organization, was urged to show more activity by the members

of his committee, he said, "Let us go slowly for a while and wait

until we see how our plan carries out in America.""

Congressional Record, March 15, 1934

 

Congressman Patman: "....A Federal Reserve bank has a great

privilege.  It has the right to issue a blanket mortgage on all

the property of all the people of this country.  It is called a

Federal Reserve note.  For that privilege section 16 of the act

provides that when the Government prints a Federal Reserve note

and guarantees to pay that note and delivers it to a Federal

Reserve bank, that Federal Reserve bank shall pay--it seems to be

mandatory--the rate of interest that is set by the Federal

Reserve Board.  The law has never been put into effect.  The

Federal Reserve Board sets the zero rate.  Instead of charging an

interest rate which the law says they shall charge, they set no

rate at all.

     Therefore, for the use of this great Government credit,

these blanket mortgages that are issued against all the property

of all the people of this Nation and against the incomes of all

the people of this Nation, they do not pay one penny.  Not one

penny of the stack of the Federal Reserve banks is owned by the

Government or the people, but it is owned by private banks

exclusively.  They do not pay one penny for the use of that great

privilege, to the people or to the Government."  Congressional

Record, April 9, 1934

 

Congressman McFadden: "....Whereas the lobbying activities of the

said British Ambassador, Sir Ronald lindsay, carried on in the

halls of the Capitol, at the British Embassy, in the houses of

citizens of the United States, in the offices of predatory

international bankers, on shipboard, on the trains, and

elsewhere, have for their purpose the taking from the United

States Treasury of assets which it is the sworn duty of this

Government to protect by every means within its power, not

 

stopping short of war, if need be; and whereas the said Linday's

lobbying activities likewise have for their purpose the defeat of

measures enacted into law by the Government of the United States

to insure the repayment of moneys advanced to Great Britain on

her written promise to repay them; and whereas the lobbying

activities of Sir Ronald Lindsay likewise have  for their object

the overthrow of the Government of the United States and its

reorganization as a part of the British Empire:....

Congressional Record, June 14, 1934

 

 

           THE UNITED STATES IS STILL A BRITISH COLONY PART 3

                 Will the real government please stand up!

 

9/05/97

 

     After writing British Colony parts 1&2 I was amazed how some

people react, when confronted with information that goes against

their prior programming.  It is as if to even consider the

possibility that their belief system may be incorrect, was a

threat to their mental well being.  They were going to deny any

truth that threatens their belief structure.  The good news is

those with such a reaction were of the minority.  This is

 

promising, because it shows Americans can still think past years

of incomplete teaching, concerning our history.  Those in the

negative believe the information had to be bogus and they could

not believe the government could wrong them.

 

     So this third part is for them, to show them that government

has and does lie to them and violates their trust on major

issues.  As always this information and supporting documents, are

given so the reader can form their own opinion.  Other writers, I

will mention one since he uses a pen name, the Informer, has also

done extensive research on this subject and has been forced to

come to the same conclusions.  (Check out the latest work of the

Informer, his new book called, THE NEW HISTORY OF AMERICA.)

 

     The information the Informer and I have found is so clear

and undeniable, even the doubting thomas' will have to face

reality.  Not to make us right, but for America to become aware

of lost history, that neither of us formed, but are willing to be

criticized in its reporting to correct great error.

 

Guide to the Footnotes:

 

1. Quotes on the fraudulent ramification of the 14th. Amendment.

2. Tulane Law Review vol. 28 1953, The Dubious Origin Of The     

   Fourteenth Amendment, by Walter J. Suthon, Jr.

3. Reconstruction Act of March 2, 1867.

4. Reconstruction Act of March 11, 1868.

5. Reconstruction Act of March 23, 1867.

6. Reconstruction Act of July 19, 1867.

7. President Lincoln's Proclamation of Amnesty & Reconstruction.

8. Veto message by President Johnson, March 2, 1867.

9. Gen. Orders No. 100 by President Lincoln, April 24 1863.

10.Court cases on Conquest and Military Occupation.

11.Letter I wrote to a local sheriff, August 27, 1995.

12.New Jersey's removal of their ratification of the 14th        

   Amendment.

13.Expose the fraud the only available remedy, example.

14.Addendum

     I will begin with the touch stone of the patriot community,

the Fourteenth Amendment.  Everyone knows about the citizenship

issue.  I raised another issue concerning the 4th section of the

Fourteenth Amendment in British Colony part 1, and issues

regarding sec. 3, in court documents found in Footnote 13.

Doubting thomas' think this is a conspiracy theory.  In the new

propaganda movie called "Conspiracy Theory", the establishment

wants you to think that anyone that believes there is someone

behind the scenes calling the shots is mentally unbalanced.  What

the doubting thomas' do not realize, is this is a big puzzle and

is hard to recognize, and can be incorrectly viewed.  The biggest

problem is, it can be put together more than one way, totally

 

changing its appearance and outcome.  The doubting thomas'  may

say how is it you think you have the correct pieces?  My answer

is, I shoot a lot of archery, in archery you shoot for the

bullseye, not the less important areas outside the bullseye.  You

have to stay focused on what are the core issues, not the side

issues/collateral issues, where valuable time is lost.  I conduct

my research in this way.  Two, I rely on God Almighty to keep me

pointed in the right direction.  Three, I always tell you not to

take my word without checking the subject out for yourself.  Most

people if plagued with a recurring headache, take a pain

reliever, and the headache appears to go away.  When in fact all

you have done is deal with a symptom, that caused the headache.

You have not dealt with the cause.  Many patriots today are

dealing with the symptoms, like taxes, driving v. traveling and

the zipcode, etc. etc.  All are important issues and have their

place, but they are not the root cause of our problem.  Until the

cause of the affliction is researched, exposed and then removed,

nothing will change.

 

     The lawful de jure united States government which was

created by the 1787 Constitution/Treaty, between the States, was

made null and void by the fraudulent Congress, that passed the

Fourteenth Amendment.  This is a bold and broad statement, but I

will prove it.

 

     "When, therefore, Texas became one of the United States, she

entered into an indissoluble relation. All the obligations of

perpetual union, and all the guarantees of republican government

in the Union, attached at once to the State. The act which

consummated her admission into the Union was something more than

a compact; it was the incorporation of a new member into the

political body. And it was final. The union between Texas and the

other States was as complete, as perpetual, and as indissoluble

as the union between the original States. There was no place for

reconsideration, or revocation, except through revolution, or

through consent of the States." Dyett v. Turner 439 p2d 266 @

269, 20 U2d 403

 

     "Considered therefore as transactions under the

Constitution, the ordinance of secession, adopted by the

convention and ratified by a majority of the citizens of Texas,

and all the acts of her legislature intended to give effect to

that ordinance, were absolutely null. They were utterly without

operation in law. The obligations of the State, as a member of

the Union, and of every citizen of the State, as a citizen of the

United States, remained perfect and unimpaired. It certainly

follows that the State did not cease to be a State, nor her

citizens to be citizens of the Union.  If this were otherwise,

the State must have become foreign, and her citizens foreigners.

The war must have ceased to be a war for the suppression of

rebellion, and must have become a war for conquest of

subjugation." Dyett v. Turner 439 p2d 266 @ 269, 20 U2d 403

 

     The Southern States could not lawfully cede from the Union

without the other States being in agreement.  In the last

sentence you will notice the war was either a rebellion or, the

States were made foreign and conquest and military rule took

 

place during the Civil War.  This is very important, because of

what took place next, and what took place after the Civil War and

March 9, 1933.  March 2, 1867, President Johnson declared the

rebellion to be over and the Southern States to be once again

part of the Union, before the Thirteenth and Fourteenth Amendment

were passed.  So the States were not foreign, they did not have

to be readmitted, they picked up in Congress where they left off,

with the same State governments they had before the rebellion.

If the Southern States had ceded from the Union, without sanction

by all the States, their Legislative Acts would have been null

and void.  In other words if a State or the federal government

violates their corporate Charter, it makes any subsequent law

void, unenforceable, other than by force of arms.

 

     The following information should upset you greatly and at

the same time amaze you, that Americans are totally unaware of

this information.  How is it in the freest country in the world,

and a nation that prides itself on our history, could you have

200 plus million people ignorant of the truth, and that care so

little about the destruction of our country?  The information I

am sharing with you is purposely not taught in the public

schools.  Why?  It will become clear to you that, if the

government taught this in the public schools, it would cause the

rebirth of American patriotism.  Americans would demand our

former overthrown Republican form of government; and that the

Laws of God Almighty be adhered to.  We were promised in the

Constitution a Republican form of government, and Benjamin

Franklin when asked, said: you have been given a Republican form

of government if you can keep it,(paraphrase).  By the laziness

and greed of the American people over the years our lawful

government was stolen, but not without our help.

 

     The Civil War was fought to free the slaves and reunite the

Union, or so we have been told by selected history, taught by and

through the government.  The slaves just changed masters, as I

have said before in other research papers, and the white people

enfranchised, incorporated, and sold themselves into slavery.

Whites along with blacks were made legal fictions so they could

be owned and taxed by the king.  However, the only way this could

be done is by destroying the Constitution, but they had to do it

in a way that no one would recognize its destruction, or care

thanks to the offered benefits.  Now the Proof.

 

     December 8, 1863 President Lincoln declared by proclamation,

amnesty and reconstruction for the southerners so they could be

readmitted into the Union. Footnote #7  This action along with

what Lincoln was doing with the money is why Lincoln had to be

killed.  The South could not be allowed back into the Union

without their enfranchisement.  Compare the readmittance oath in

President Lincoln's proclamation of 1863, to the following oath

requirement required by Congress, under the Reconstruction Acts,

Footnotes #3,4,5 and 6.

 

     "An Act to provide for the more efficient government of the

rebel States, passed March second, eighteen hundred and

 

sixty-seven, shall cause a registration to be made of the male

citizens of the United States, twenty-one years of age and

upwards, resident in each county or parish in the State or States

included in his district, which registration shall include only

those persons who are qualified to vote for delegates by the act

aforesaid, and who shall have taken and subscribed the following

oath or affirmation: "I, _____, do solemnly swear, (or affirm,)

in the presence of Almighty God, that I am a citizen of the State

of _____; that I have resided in said State for _____ months next

preceding this day, and now reside in the county of _____, or the

parish of _____, in said State, (as the case may be;) that I am

twenty-one years old; that I have not been disfranchised for

participation in any  rebellion or civil war against the United

States, nor for felony committed against the laws of any State or

of the United States; that I have never been a member of any

State legislature, nor held any executive or judicial office in

any State and afterwards engaged in insurrection or rebellion

against the United States, or given aid or comfort to the enemies

thereof; that I have never taken an oath as a member of Congress

of the United States, or as an officer of the United States, or

as a member of any State legislature, or as an executive or

judicial officer of any State, to support the Constitution of the

United States, and afterwards engaged in insurrection or

rebellion against the United States or given aid or comfort to

the enemies thereof; that I will faithfully support the

Constitution and obey the laws of the United States, and will, to

the best of my ability, encourage others so to do, so help me

God;" which oath or affirmation may be administered by any

registering officer." Reconstruction Act of March 23, 1867,

supplement to Reconstruction Act of March 2, 1867.

 

     You will note that in the above oath Congress creates legal

residence for anyone taking the oath and that this is done by

registering to vote, and made a requirement in order to vote.

The same legal disability still takes place today when you

register to vote.  Today you still have voting districts in every

county in the America.

 

     You will also notice that, the oath makes you declare that

you were not disenfranchised, by taking part in the Civil War.

Which means that, before the Civil War Americans were franchised

citizens, incorporated.  I covered this in part 1; by the States

adoption of the Constitution, those that lived in the States

became legal residents, incorporated/enfranchised, instead of Sui

Juris freemen.  Which was granted to them by the Declaration of

Independence, and in North Carolina, for North Carolinians this

was reaffirmed by the 1776 North Carolina Constitution, see

British Colony part 2.

 

     Also, you will see in the following oaths where the language

came from, for the creation of Section 3 of the Fourteenth

Amendment, this language was also used in the 14th Amendment oath

you just read. Wherein it declares that, elected officials,

judges, legislators and police etc., cannot give aid and comfort

to the enemy.  The enemy is anyone unincorporated, because the

 

king cannot legally tax you, without using the force of

admiralty.  The enemy is also anyone that refuses to swear the

oath to the de facto government for the above reasons.

 

     The following is the oath given to those that wanted to

serve in the United States government.

 

An act to prescribe an oath of office. July 2, 1862

 

     "Be it enacted, That hereafter every person elected or

appointed to any office of honor or profit under the Government

of the United States either in the civil, military, or naval

departments of the public service, excepting the President of the

United States, shall, before entering upon the duties of such

office, and before being entitled to any of the salary or other

emoluments thereof, take and subscribe the following oath or

affirmation: "I, A B, do solemnly swear (or affirm), that I have

never voluntarily borne arms against the United States since I

have been a citizen thereof; that I have voluntarily given no

aid, countenance, counsel, or encouragement to persons engaged in

armed hostility thereto; that I have never sought nor accepted

nor attempted to exercise the functions of any office whatever,

under any authority or pretended authority, in hostility to the

United States; that I have not yielded a voluntary support to any

pretended government, authority, power, or constitution within

the United States, hostile or inimical thereto; and I do further

swear (or affirm) that, to the best of my knowledge and ability,

I will support and defend the Constitution of the United States,

against all enemies, foreign and domestic; that I will bear

true faith and allegiance to the same; that I take this

obligation freely, without any mental reservation or purpose of

evasion, and that I will well and faithfully discharge the duties

of the office on which I am about to enter; so help me God;"

which said oath, so taken and signed, shall be preserved among

the files of the Court, House of Congress, or Department to which

the said office may appertain. And any person who shall falsely

take the said oath shall be guilty of perjury, and on conviction,

in addition to the penalties now prescribed for that offense,

shall be deprived of his office, and rendered incapable forever

after, of holding any office or place under the United States."

 

     When the war was over President Johnson declared the States

readmitted to the Union and hostilities to be over.

 

Furthermore; on April 2, 1866, President Andrew Johnson issued

a "Proclamation" that:

 

     "The insurrection which heretofore existed in the States of

Georgia, South Carolina, Virginia, North Carolina, Tennessee,

Alabama, Louisiana, Arkansas, Mississippi and Florida is at an

end, and is henceforth to be so regarded."

 

Presidential Proclamation No. 153,

General Records of the United States,

G.S.A. National Archives and Records Service.

 

     On August 20, 1866 (14 Stat. 814); the President proclaimed

that the insurrection in the State of Texas had been completely

ended and his "Proclamation"continued:

 

     "The insurrection which heretofore existed in the State of

Texas is at an end, and is to be henceforth so regarded in that

 

State, as in the other States before named in which the said

insurrection was proclaimed to be at an end by the aforesaid

proclamation of the second day of April, one thousand, eight

hundred and sixty-six.

     "And I do further proclaim that the said insurrection is at

an end, and that peace, order, tranquility, and civil authority

now exist, in and throughout the whole of the united States of

America."

 

     Again the power behind the United States government would

not stand for this, so Congress passed the Reconstruction Acts,

Footnotes #3,4,5 and 6.  President Johnson vetoed the Acts

because they were unconstitutional.  Below are some excerpts from

his veto message.

 

     "It is plain that the authority here given to the military

officer amounts to absolute despotism.  But to make it still more

unendurable, the bill provides that it may be delegated to as

many subordinates as he chooses to appoint, for it declares that

he shall 'punish or cause to be punished'.  Such a power has not

been wielded by any Monarch in England for more than five hundred

years.  In all that time no people who speak the English language

have borne such servitude.  It reduces the whole population of

the ten States- all persons, of every color, sex and condition,

and every stranger within their limits- to the most abject and

degrading slavery.  No master ever had a control so absolute over

the slaves as this bill gives to the military officers over both

white and colored persons...."

     "I come now to a question which is, if possible, still more

important.  Have we the power to establish and carry into

execution a measure like this?  I answer, 'Certainly not', if we

derive our authority from the Constitution and if we are bound by

the limitations which is imposes."....

     "...The Constitution also forbids the arrest of the citizen

without judicial warrant, founded on probable cause.  This bill

authorizes an arrest without warrant, at pleasure of a military

commander.  The Constitution declares that 'no person shall be

held to answer for a capital or otherwise infamous crime unless

on presentment of a grand jury'.  This bill holds ever person not

a soldier answerable for all crimes and all charges without any

presentment.  The Constitution declares that 'no person shall be

deprived of life, liberty, or property without due process of

law'.  This bill sets aside all process of law, and makes the

citizen answerable in his person and property to the will of one

man, and as to his life to the will of two.  Finally, the

Constitution declares that 'the privilege of the writ of habeas

corpus shall not be suspended unless when, in case of rebellion

or invasion, the public safety may require it'; whereas this bill

declares martial law (which of itself suspends this great writ)

in time of peace, and authorizes the military to make the arrest,

and gives to the prisoner only one privilege, and that is trial

'without unnecessary delay'.  He has no hope of release from

custody, except the hope, such as it is, of release by acquittal

before a military commission."

     "The United States are bound to guarantee to each State a

 

republican form of government.  Can it be pretended that this

obligation is not palpably broken if we carry out a measure like

this, which wipes away every vestige of republican government in

ten States and puts the life, property, and honor of all people

in each of them under domination of a single person clothed with

unlimited authority?"

     "....,here is a bill of attainder against 9,000,000 people

at once.  It is based upon an accusation so vague as to be

scarcely intelligible and found to be true upon no credible

evidence.  Not one of the 9,000,000 was heard in his own defense.

The representatives of the doomed parties were excluded from all

participation in the trial.  The conviction is to be followed by

the most ignominious punishment ever inflicted on large messes of

men.  It disfranchises them by hundreds of thousands and degrades

them all, even those who are admitted to be guiltless, from the

rank of freeman to the condition of slaves."

Veto Message of President Johnson, March 2, 1867, Footnote #8

 

     President Johnson did not realize the king ruled and that in

1845 Congress declared admiralty law to have come on land, nor

did he realize the relevance of the Insular Cases.  I cover these

in "A Country Defeated In Victory" part 1 and in Footnote 11.

Once the judiciary decided to look the other way, the De jure

Constitution's days were numbered.

 

     "As a result of these decisions, enforcement of the

Reconstruction Act against the Southern States, helpless to

resist military rule without aid of the judiciary, went forward

unhampered.  Puppet governments were founded in these various

States under military auspices.  Through these means the adoption

of new state constitutions, conforming to the requirements of

Congress, was accomplished.  Likewise, one by one, these puppet

state governments ratified the Fourteenth Amendment, which their

more independent predecessors had rejected.  Finally, in July

1868, the ratifications of this amendment by the puppet

governments of seven of the ten Southern States, including

Louisiana, gave more than the required ratification by three-

fourths of the States, and resulted in a Joint Resolution adopted

by Congress and a Proclamation by the Secretary of State, both

declaring the Amendment ratified and in force." Tulane Law

Review, The Dubious Origin Of The Fourteenth Amendment. page 36

 

     To regress just a moment, after the war, after the States

rejoined the Union, the representatives of the South took their

seats in Congress.  Later the Thirteenth Amendment was passed in

Congress by the Northern States and the Southern States.  By the

1787 Constitution they were considered equal contracting partners

of the Union.  The powers controlling the government had to

replace their republican form of government that had existed in

the Southern States since they adopted the 1787 Constitution.

 

     "Despite the fact that the southern States had been

functioning peacefully for two years and had been counted to

secure ratification of the  Thirteenth Amendment , Congress

passed the Reconstruction Act, which provided for the military

occupation of 10 of the 11 southern States. It excluded Tennessee

 

from military occupation and one must suspect it was because

Tennessee had ratified the Fourteenth Amendment  on July 7, 1866.

     The Act further disfranchised practically all white voters

and provided that no Senator or Congressman from the occupied

States could be seated in Congress until a new Constitution

was adopted by each State which would be approved by Congress.

The Act further provided that each of the 10 States was required

to ratify the proposed Fourteenth Amendment and the  Fourteenth

Amendment must become a part of the Constitution of the United

States before the military occupancy would cease and the States

be allowed to have seats in Congress." Dyett v. Turner 439 p2d

266 @ 269, 20 U2d 403

 

     The way they chose to do it was pass the Fourteenth

Amendment.  However, the Northern States that put the amendment

up in Congress figured the Southern States would ratify.  Wrong,

the amendment fell short of passing the House and the Senate.

The action taken next by the Northern States will go down in

history as the most unlawful act ever taken by any government in

the world.  Since the amendment would not pass lawfully, the

Northern States decided to rip the 1787 Constitution up and take

over the government.  How did they do this?  They told the

Southern States that refused to vote for the amendment they no

longer were members of Congress, denying lawful States suffrage

in the Union.  In order to get the amendment through Congress the

Northern Senators also removed a seated Senator from New Jersey

to give them two-thirds in the Senate, and counted 30 abstention

votes in the House as yes votes to pass the Fourteenth Amendment

in the House. See Footnote #12

 

     Observing how 'a renegade group of men from the Northern

States', MY NOTE in quotes, actual text in brackets (Congress)

had taken the Constitution into its own hands and was proceeding

in willful disregard of the Constitution, on the 15th of January,

1868- Ohio, and then on March 24, 1868- New Jersey, voted to

withdraw their prior ratifications and to reject.

 

     The following, is an excerpt from Joint Resolution No.1 of

the State of New Jersey of March 24, 1868, when they rescinded

their prior ratification and rejected:

     "It being necessary, by the Constitution, that every

amendment to the same, should be proposed by two thirds of both

Houses of Congress, the authors of said proposition, for the

purpose of securing the assent of the requisite majority,

determined to, and did, exclude from the said two Houses eighty

representatives form eleven States of the Union, upon the

pretence that there were no such States in the Union; but,

finding that two-thirds of the remainder of said Houses could not

be brought to assent to the said proposition, they deliberately

formed and carried out the design of mutilating the integrity of

the United States Senate, and without any pretext or

justification, other than the possession of power, without the

right and in palpable violation of the Constitution, ejected a

member of their own body, representing this State, and thus

practically denied to New Jersey its equal suffrage in the Senate

 

and thereby nominally secured the vote of two-thirds of the said

Houses."

     "The object of dismembering the highest representative

assembly in the Nation, and humiliating a State of the Union,

faithful at all times to all of its obligations, and the object

of said amendment were one- to place new and unheard of powers in

the hands of a faction, that it might absorb to itself all

executive, judicial and legislative power, necessary to secure to

itself immunity for the unconstitutional acts it had already

committed, and those it has since inflicted on a too patient

people."

     "The subsequent usurpation of these once national

assemblies, in passing pretended laws for the establishment, in

ten States, of martial law, which is nothing but the will of the

military commander, and therefore inconsistent with the very

nature of all law, for the purpose reducing to slavery men of

their own race to those States, or compelling them, contrary to

their own convictions, to exercise the elective franchise in

obedience to dictation of a fraction in those assemblies; the

attempt to commit to one man arbitrary and uncontrolled power,

which they have found necessary to exercise to force the people

of those States into compliance with their will; the authority

given to the Secretary of War to use the name of the President,

to countermand its President's order, and to certify military

orders to be by the direction of the President' when they are

notoriously known to be contrary to the President's direction,

thus keeping up the forms of the Constitution to which the people

are accustomed, but practically deposing the President from his

office of Commander-in-Chief, and suppressing one of the great

departments of the Government, that of the executive; the attempt

to withdraw from the supreme judicial tribunal of the Nation the

jurisdiction to examine and decide upon the conformity of their

pretended laws to the Constitution, which was the Chief function

of that August tribunal, as organized by the fathers of the

republic: all are but amplified explanations of the power they

hope to acquire by the adoption of the said amendment."

     "To conceal from the people the immense alteration of the

fundamental law they intended to accomplish by the said

amendment, they gilded the same with propositions of justice..."

     "It imposes new prohibitions upon the power of the State to

pass laws, and interdicts the execution of such part of the

common law as the national judiciary may esteem inconsistent with

the vague provisions of the said amendment; made vague for the

purpose of facilitating encroachment upon the lives, liberties

and property of the people."

     "It enlarges the judicial power of the United States so as

to bring every law passed by the State, and every principle of

the common law relating to life, liberty, or property, within the

jurisdiction of the Federal tribunals, and charges those

tribunals with duties, to the due performance of which they, from

their nature and organization, and their distance from the

people, are unequal."

     "It makes a new apportionment of representatives in the

 

National courts, for no other reason than thereby to secure to a

faction a sufficient number of votes of a servile and ignorant

race to outweigh the intelligent voices of their own."

     "This Legislature, feeling conscious of the support of the

largest majority of the people that has ever been given

expression to the public will, declare that the said proposed

amendment being designed to confer, or to compel the States to

confer, the sovereign right of elective franchise upon a race

which has never given the slightest evidence, at any time, or in

any quarter of the globe, of its capacity of self-government, and

erect an impracticable standard of suffrage, which will render

the right valueless to any portion of the people was intended to

overthrow the system of self-government under which the people of

the United States have for eighty years enjoyed their liberties,

and is unfit, from its origin, its object and its matter, to be

incorporated with the fundamental law of a free people."

(The 14th Amendment to the Constitution of the United States and

the threat that it poses to our democratic government, Pinckney

G. McElwee, South Carolina Law Quarterly 1959)

 

     Did the political outrage of all history stop there?  No!

In order to ratify the amendment in the States, Congress declared

war on the Southern States by passing the Reconstruction Acts.

Declaring the Southern States had unlawful State governments.

They placed the States under martial law, creating military

districts which still exist today.  Is not the Fourteenth

Amendment still in existence today?  Nothing has changed.  They

replaced the lawful State governments with puppet governments, so

the Fourteenth Amendment would be ratified by the required 3/4 of

the States and would not readmit any State until ratification of

the amendment was complete.  The illusion is since you vote for

your officials, "we can't be under military occupation".  The

privilege to vote would end if your State tried to remove the

Fourteenth Amendment.

 

     Back to President Johnson's veto, the unlawful Congress then

over road his veto.  Now picture this, you have a lawful

President who vetoed the unconstitutional Reconstruction Acts,

passed by a de facto Congress.  Then the unlawful Congress

overrides his veto since they have a Republican majority in the

Congress after denying the representation to the Democratic

Southern States.  This Congress under the 1787 Constitution had

no lawful authority to conduct business under the 1787 Charter

much less destroy the office of the President.  What do you call

this?  It was a political take over, a coup d'etat.

 

     The Fourteenth Amendment was proposed by Congress to the

States for adoption, through the enactment by Congress of Public

Resolution No. 48, adopted by the Senate on June 8, 1866 and by

the House of Representatives on June 13, 1866.  That Congress

deliberately submitted this amendment proposal to the then

existing legislatures of the several States is shown by the

initial paragraph of the resolution." Tulane Law Review, The

Dubious Origin Of The Fourteenth Amendment. page 28

 

 

  1. Texas rejected the 14th Amendment on October 27, 1866

     (House Journal 1866, pp. 578-584 - Senate Journal 1866, p.  

     471.).

 

  2. Georgia rejected the 14th Amendment on November 9, 1866

     (House Journal 1866, p 68 - Senate Journal 1866, p. 8.).

 

  3. Florida rejected the 14th Amendment on December 6, 1866

     (House Journal 1866, p 76 - Senate Journal 1866, p. 8.).

 

  4. Alabama rejected the 14th Amendment on December 7, 1866

     (House Journal 1866. p. 210-213 - Senate Journal 1866, p.   

     183.).

 

  5. North Carolina rejected the 14th Amendment on December 14,  

     1866 (House Journal 1866 - 1867. p. 183 - Senate Journal    

     1866-67, p. 138.).

 

  6. Arkansas rejected the 14th Amendment on December 17, 1866

     (House Journal 1866, pp. 288-291 - Senate Journal 1866, p.  

     262.).

 

  7. South Carolina rejected the 14th Amendment on December 20,  

     1866 (House Journal 1866, p. 284 - Senate Journal 1866, p.  

     230.).

 

  8. Kentucky rejected the 14th Amendment on January 8, 1867

     (House Journal 1867, p. 60 - Senate Journal 1867, p. 62.).

 

  9. Virginia rejected the 14th Amendment on January 9, 1867

     (House Journal 1866-67, p. 108 - Senate Journal 1866-67, p. 

     101.).

 

10. Louisiana rejected the 14th Amendment on February 9, 1867

     ("Joint Resolution" as recorded on page 9 of the "Acts of   

     the General Assembly," Second Session, January 28, 1867)

     (McPherson, "Reconstruction," p. 194; "Annual Encyclopedia,"

     p. 452.).

 

11. Delaware rejected the 14th Amendment on February 7, 1867

     (House Journal 1867, p. 223 - Senate Journal 1867, p. 808.).

 

12. Maryland rejected the 14th Amendment on March 23, 1867

     (House Journal 1867, p. 1141 - Senate Journal 1867, p.      

     808.).

 

13. Mississippi rejected the 14th Amendment on January 31, 1867

     (McPherson, "Reconstruction," p. 194.).

 

14. Ohio rejected the 14th Amendment on January 15, 1868

     (House Journal 1868, pp. 44-50 - Senate Journal 1868, pp.   

     33-38.).

 

15. New Jersey rejected the 14th Amendment on March 24, 1868    

     ("Minutes of the Assembly" 1868, p. 743 - Senate Journal    

     1868, p. 356.).

 

16. California rejected the 14th Amendment on March 3rd, 1868   

     ("Journal of the Assembly" 1867-8, p. 601).

 

17. Oregon rejected the 14th Amendment by the Senate on October 

     6, 1868 and by the House on October 15, 1868 proclaiming the

     Legislature that ratified the Amendment to have been a      

     "defacto" Legislature (U.S. House of Representatives, 40th  

     Congress, 3rd session, Mis. Doc. No 12).

 

     Did the military occupation ever come to an end?  No!  Did

the military presence leave the streets?  Yes.  Technically do

you have to have a military presence visible in the streets, for

military occupation and martial law to exist?  No!  Can the

military/Commander-in-Chief/Congress, transfer this power to the

civil authorities?  Yes.  Read the following cases, and Lincoln's

General order 100, Footnote #9

 

     "But there is another description of government, called also

by publicists a government de facto, but which might, perhaps, be

 

more aptly denominated a government of paramount force. Its

distinguishing characteristics are (1) that its existence is

maintained by active military power within the territories, and

against the rightful authority of an established and lawful

government; and (2) that while it exists it must necessarily be

[229 U.S. 416, 429] obeyed in civil matters by private citizens

who, by acts of obedience rendered in submission to such force,

do not become responsible, as wrongdoers, for those acts, though

not warranted by the laws of the rightful government. Actual

governments of this sort are established over districts differing

greatly in extent and conditions. They are usually administered

directly by military authority, but they may be administered,

also, by civil authority, supported more or less directly by

military force." Thornington v. Smith, 8 Wall. 1, 9, 19 L. ed.

361, 363.  Macleod v. U.S, 229 U.S. 416 1913

 

     "While it is held to be the right of a conqueror to levy

contributions upon the enemy in their seaports, towns, or

provinces which may be in his military possession by conquest,

and to apply the proceeds to defray the expenses of the war, this

right is to be exercised within such limitations that it may not

savor of confiscation. As the result of military occupation, the

taxes and duties payable by the inhabitants to the former

government become payable to the military occupant, unless he

sees fit to substitute for them other rates or modes of

contributions to the expenses of the government. The moneys so

collected are to be used for the purpose of paying the expenses

of government under the military occupation, such as the salaries

of the judges and the police, and for the payment of the expenses

of the army."  Macleod v. U.S, 229 U.S. 416 1913

 

     To also prove that military occupation still exists, ask

yourself this.  Is the Fourteenth Amendment, which was ratified

under duress, military occupation; and written and passed by a de

facto Congress still in existence?  Yes!  If a State would today

remove the Fourteenth Amendment and the statutory laws this

amendment created from their State laws, do you think the federal

government would send in the military again?  Of course it would.

So did the military occupation end?  I hope by now you know the

answer to that. 

 

     Have you never wondered why the government sends your tax

dollars all over the world via the IMF and the World Bank etc.

etc., with Americans paying the bill, without ever putting this

up for a vote?  Read the following quote.

 

     "In New Orleans v. New York Mail S. S. Co. 20 Wall. 387,

393, 22 L. ed. 354, it was said, with respect to the powers of

the military government over the city of New Orleans after its

conquest, that it had 'the same power and rights in territory

held by conquest as if the territory had belonged to a foreign

country and had been subjugated in a foreign war. In such cases

the conquering power has the right to displace the pre-existing

authority, and to assume to such extent as it may deem proper the

exercise by itself of all the powers and functions of government.

It may appoint all the necessary officers and clothe them with

 

designated powers, larger or smaller, according to its pleasure.

It may prescribe the revenues to be paid, and apply them to its

own use or otherwise. It may do anything necessary to strengthen

itself and weaken the enemy. There is no limit to the powers that

may be exerted in such cases, save those which are found in the

laws and usages of war."  Dooley v. U.S., 182 U.S. 222 1901

 

     To drive home the relevance of British Colony part 1&2 and

what I just said above about taxes, read and understand the below

quotes from the Declaration of Rights, September 5, 1774. Maybe

it will sink in, we are taxed by Britain and we have not only

asked for it but, demanded the benefits supplied by the king,

past and present.

GO FIGURE????

 

"Resolved, 4. That the foundation of English liberty, and of all

free government, is a right in the people to participate in their

legislative council: and as the English colonists are not

represented, and from their local and other circumstances, can

not properly be represented in the British Parliament, they are

entitled to a free and exclusive power of legislation in their

several provincial legislatures, where their right of

representation can alone be preserved, in all cases of taxation

and internal polity, subject only to the negative of their

sovereign, in such manner as has been heretofore used and

accustomed. But, from the necessity of the case, and a regard to

the mutual interest of both countries, WE CHEERFULLY CONSENT TO

THE OPERATION OF SUCH ACTS OF THE BRITISH PARLIAMENT, as are BONA

FIDE, restrained to the regulation of our external commerce,

for the PURPOSE OF SECURING THE COMMERCIAL ADVANTAGES OF THE

WHOLE EMPIRE TO THE MOTHER COUNTRY, and the COMMERCIAL BENEFITS

OF ITS RESPECTIVE MEMBERS; excluding every idea of taxation,

internal or ETERNAL, for raising a revenue on the SUBJECTS IN

AMERICA, without their consent." Declaration of Rights, from

September 5, 1774 (The forefathers wanted the commercial benefits

without paying the taxes that go hand in hand, it does not work

that way Patriots.)

 

"Resolved, 7. That these, His Majesty's colonies, are likewise

entitled to all the IMMUNITIES AND PRIVILEGES GRANTED and

confirmed to them by ROYAL CHARTERS, or secured by their several

codes of provincial laws." Declaration of Rights, from September

5, 1774

 

     As further proof, are not all States divided into military

Districts?  At first glance you may not think so.  However, look

at your District Courts, in your State.  They are the enforcement

arm of the admiralty law/kings law and legislation passed on a

daily basis.  As I said before the voting Districts are also left

over from the Reconstruction Acts.  In every court room a

military flag is flown, a war flag not the Title 4, flag of

peace.  Are you not required to obtain a license from the de

facto government for every aspect of commerce, and the use of

their military script/fiat money?  Americans are taxed and

controlled in the following ways, to name a few:

 

1. Social Security number - license to work.

2. Drivers license - permission to conduct commerce and travel on

   the military roads.

 

3. Occupational license - permission to perform a God given      

   right.

4. State and local privilege license - license to work in the    

   State, county or city.

5. Marriage license - permission for a right granted by God      

   Almighty.

6. Hunting and Fishing license - government taxing property of   

   God Almighty, etc.etc.etc.

 

     Every license or permit is a use tax and is financial

slavery, you are controlled in every aspect of your life.  All

licenses came about after the Fourteenth Amendment and the

military occupation, which we are now under.  The reason all

this has taken place in America is, to colonize the world for

Britain.  The United States has been the enforcement arm/cannon

fodder for Britain since the Civil War.

 

     "The decisions wherein grounds were found for avoiding a

ruling on the constitutionality of the Reconstruction Act leave

the impression that our highest tribunal failed in these cases to

measure up to the standard of the judiciary in a constitutional

democracy.  If the Reconstruction Act was unconstitutional, the

people oppressed by it were entitled to protection by the

judiciary against such unconstitutional oppression." Tulane Law

Review, The Dubious Origin Of The Fourteenth Amendment. page 34

 

     "The adversary or the skeptic might assert that, after a

lapse of more than eighty years, it is too late to question the

constitutionality or validity of the coerced ratifications of the

Fourteenth Amendment even on substantial and serious grounds.

The ready answer is that there is no statute of limitations that

will cure a gross violation of the amendment procedure laid down

by Article V of the Constitution." Tulane Law Review, The Dubious

Origin Of The Fourteenth Amendment. page 43

 

     If you want to read more about the military occupation and

the War Powers Act, read Footnote #11.  This issue concerning the

Constitution has to be understood by the Patriots, before you can

help others see the illusion.  We Patriots need to be able to

tell others how we arrived in this condition.  But, this will

never happen as long as we defend a dead treaty, and expect a

lawful remedy from a de facto government.

 

     Is it any wonder why Americans look at us like were nuts.

We defy a de facto government and take its benefits.  We curse

its judges and praise a de facto Constitution that, denies the

judges the ability to give remedy to the enemy.  We praise the

legal document that gave Congress the power to declare us as

enemies and curse the Congress for their action.  Wake up

Patriots!  How do you expect Americans to listen to the truth,

when we are so easily made to look like fools by the government

propaganda machine, and we make it easy for them.  We tell the

American people the sky is falling, but never give them a

remedy, other than keeping the same damn document that enslaved

us.  We do not tell the American people that there was life

before the Civil War Occupation and the Fourteenth Amendment

unlawful Constitution, so fear of the unknown will keep them from

wanting to learn.  The only remedy I see, except for God

Almighty's Judgement, is to expose the fraud.  See Footnote 13.

 

 

     Until you accept the truth about the Constitution you will

not be able to understand the information in British Colony part

1&2. I will end this research paper in this way.  Someone asked

me, "are you not afraid to be killed by the government"?  I told

them what Shadrach, Meshach, and Abendnego said:

 

"If it be so, our God whom we serve is able to deliver us from

the burning fiery furnace, and he will deliver us out of thine

hand, O king, But if not, be it known unto thee, O king, that we

will not serve thy gods, nor worship the golden image which thou

hast set up." Daniel 3:17-18

 

     Mark Twain: "You see, my kind of loyalty was loyalty to

one's country, not to institutions or its officeholders.  The

country is the real thing; it is the thing to watch over and care

for and be loyal to; institutions extraneous, they are its mere

clothing, and clothing can wear out, become ragged, cease to be

comfortable, cease to protect the body from winter, disease, and

death.  To be loyal to rags, to shout for rags, to worship rags,

to die for rags--that is a loyalty of unreason; it is pure

animal; it belongs to monarchy; was invented by monarchy; let

monarchy keep it.  I was from Connecticut, whose constitution

declared "That all political power is inherent in the people, and

all free governments are founded on their authority and

instituted for their benefit, and that they have at all times an

undeniable and indefensible right to alter their form of

government in such a manner as they think expedient."  Under that

gospel, the citizen who thinks that the Commonwealth's political

clothes are worn out and yet holds his peace and does not agitate

for a new suit, is disloyal; he is a traitor.  That he may be the

only one who thinks he sees this decay does not excuse him; it is

his duty to agitate, anyway, and it is the duty of others to vote

him down if they do not see the matter as he does." 

 

 

                                FOOTNOTES

Footnote #1

 

The North Carolina Legislature protested [by "Resolution" of

December 6, 1866] as follows:

 

     "The Federal Constitution declare, in substance, that

Congress shall consist of a House of Representatives, composed of

members apportioned among the respective States in the ratio of

their population, and of a Senate, composed of two members from

each State. And IN THE ARTICLE WHICH CONCERNS AMENDMENTS, IT IS

EXPRESSLY PROVIDED THAT `NO STATE, WITHOUT ITS CONSENT, SHALL BE

DEPRIVED OF ITS EQUAL SUFFRAGE IN THE SENATE.' THE CONTEMPLATED

AMENDMENT WAS NOT PROPOSED TO THE STATES BY A CONGRESS THUS

CONSTITUTED. At the time of its adoption, the eleven seceding

States were deprived of representation both in the Senate and

House, although they all, except the State of Texas, had Senators

and Representatives duly elected and claiming their privileges

under the Constitution. In consequence of this, these States had

no voice on the important question of proposing the Amendment.

HAD THEY BEEN ALLOWED TO GIVE THEIR VOTES, THE PROPOSITION WOULD

DOUBTLESS HAVE FAILED TO COMMAND THE REQUIRED TWO-THIRDS

MAJORITY...."

 

 

     "If the votes of these States are necessary to a valid

ratification of the Amendment, they were equally necessary on the

question of proposing it to the States; for it would be

difficult, in the opinion of the Committee, to show by what

process in logic, men of intelligence would arrive at a different

conclusion." North Carolina Senate Journal, 1866-67, pp. 92 and

93.

 

     "By spurious, non-representative governments; seven of the

southern States, (which had theretofore rejected the proposed

Amendment under the duress of military occupation and of being

denied representation in Congress), did attempt to ratify the

proposed Fourteenth Amendment.  The Secretary of ;State, (of July

20, 1868), issued his proclamation wherein he stated that it was

his duty under the law to cause Amendments to be published and

certified as a part of the Constitution when he received official

notice that they had been adopted pursuant to the Constitution.

Thereafter his certificate contained the following language:"

 

     "And whereas neither the Act just quoted from, nor any other

law, expressly or by conclusive implication., authorizes the

Secretary of State to determine and decide doubtful questions as

to the authenticity of the organization of State legislatures, or

as to the power of any State  legislature to recall a previous

act or resolution of ratification of any amendment proposed to

the Constitution;"

     "And whereas it appears from official documents on file in

this Department that the amendment to the Constitution of the

United States, proposed as aforesaid, has been ratified by the

legislatures of the States of [naming 23, including New Jersey,

Ohio, and Oregon];"

     "And whereas it further appears from documents on file in

this Department that the amendment to the Constitution of the

United States, proposed as aforesaid, has also been ratified by

newly constituted and newly established bodies avowing themselves

to be and acting as the legislatures, respectively, of the States

of Arkansas, Florida, North Carolina, Louisiana, South Carolina,

and Alabama;"

     "And whereas it further appears from official documents on

file in this Department that the legislatures of two of the

States first above enumerated, to wit, Ohio and New Jersey, have

since passed resolutions respectively withdrawing the consent of

each of said States to the aforesaid amendment; and whereas it is

deemed a matter of doubt and uncertainty whether such resolutions

are not irregular, invalid, and therefore ineffectual for

withdrawing the consent of the said two States, or of either of

them, to the aforesaid amendment;"

     "And whereas the whole number of States in the United States

is thirty-seven, to wit: [naming them];"

     "And whereas the twenty-three States first hereinbefore

named, whose legislatures have ratified the said proposed

amendment, and the six States next there after named, as having

ratified the said proposed amendment by newly constituted and

established legislative bodies, together constitute three fourths

of the whole number of States in the United States;"

     "Now, therefore, be it known that I, WILLIAM H. SEWARD,

 

Secretary of State of the United States, by virtue and in

pursuant of the second section of the act of Congress, approved

the twentieth of April, eighteen hundred and eighteen,

hereinbefore cited, do hereby certify that if the resolutions of

the legislatures of Ohio and New Jersey ratifying the aforesaid

amendment are to be deemed as remaining of full force and effect,

notwithstanding the subsequent resolutions of the legislatures of

those States, which purport to withdraw the consent of said

States from such  ratification, then the aforesaid amendment had

been ratified in the manner hereinbefore mentioned, and so has

become valid, to all intents and purposes, as a part of the

Constitution of the United States." *** (15 Stat. 707  (1868))"

Dyett v. Turner 439 p2d 266 @ 269, 20 U2d 403

 

     "Congress was not satisfied with the proclamation as issued

and on the next day passed a Concurrent Resolution wherein it was

resolved:"

     "That said Fourteenth Article is hereby declared to be a

part of the Constitution of the United States, and it shall be

duly promulgated as such by the Secretary of State."

     "Resolution set forth in proclamation of Secretary of State,

(15 Stat. 709 [1868])."

See also U.S.C.G., Amends. 1 to 5, Constitution, p. 11

     "Thereupon; William H. Seaward, the Secretary of State

(after setting forth the Concurrent Resolution of both Houses of

Congress) then certified that the Amendment:"

     "Has become valid to all intents and purposes as a part of

the Constitution of the United States." (15 Stat. 708 [1868])"

Dyett v. Turner 439 p2d 266 @ 269, 20 U2d 403

 

     "The Constitution of the United States is silent as to who

should decide whether a proposed Amendment has or has not been

passed according to formal provisions of Article V of the

Constitution.  The Supreme Court of the United States is the

ultimate authority on the meaning of the Constitution and has

never hesitated in a proper case to declare an Act  of Congress

unconstitutional  except when the Act  purported to amend the

Constitution." Dyett v. Turner 439 p2d 266 @ 269, 20 U2d 403

 

     "In the case of Laser v. Garnet 258 U.S. 130, 42 SECT. 217,

66 LED. 505, the question was before the Supreme Court as to

whether or not the Nineteenth Amendment had been ratified

pursuant to the Constitution. In the last paragraph of the

decision the Supreme Court said:"

     "As the legislatures of Tennessee and of West Virginia had

power to adopt the resolutions of ratification, official notice

to the Secretary, duly authenticated, that they had done so, was

conclusive upon him, and, being certified to by his proclamation,

is conclusive upon the courts." Dyett v. Turner 439 p2d 266 @

269, 20 U2d 403

 

     "The duty of the Secretary of State was ministerial, to wit,

to count and determine when three fourths of the States had

ratified the proposed Amendment. He could not determine that a

State, once having rejected a proposed Amendment, could

thereafter approve it; nor could he determine that a State, once

having ratified that proposal, could thereafter reject it. The

Supreme Court, and not Congress, should determine whether the

 

Amendment process be final or would not be final, whether the

first vote was for ratification or rejection." Dyett v. Turner

439 p2d 266 @ 269, 20 U2d 403

 

     "In order to have 27 States ratify the Fourteenth Amendment,

it was necessary to count those States which had first rejected

and then under the duress of military occupation had ratified,

and then also to count those States which initially ratified but

subsequently rejected the proposal." Dyett v. Turner 439 p2d 266

@ 269, 20 U2d 403

 

     "To leave such dishonest counting to a fractional part of

Congress is dangerous in the extreme. What is to prevent any

political party having control of both Houses of Congress from

refusing to seat the opposition and then passing a Joint

Resolution to the effect that the Constitution is amended and

that it is the duty of the Administrator of the General Services

Administration to proclaim the adoption?"

     "Would the Supreme Court of the United States still say the

problem was political and refuse to determine whether

constitutional standards had been met?" Dyett v. Turner 439 p2d

266 @ 269, 20 U2d 403

 

 

 

 

Footnote #2

 

 

Tulane Law Review vol. 28 1953, The Dubious Origin Of The

Fourteenth Amendment, by Walter J. Suthon, Jr.

 

     "How remote was this Hamiltonian concept from the events of

1867 and 1888, when a "rump" Congress arrogated to itself the

power to force ratification of a rejected amendment, coercing

ratifications by several of the rejecting States."  page 26

 

     "This submission was by a two-thirds vote of the quorum

present in each House of Congress, and in that sense it complied

with Article V of the Constitution.  However, the submission was

by a "rump" Congress.  Using the constitutional provision that

"Each House shall be the judge of the Elections, Returns and

Qualifications of its own Members..." each House had excluded all

persons appearing with credentials as Senators or Representatives

from the ten Southern States of Virginia, North Carolina, South

Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana,

Arkansas and Texas.   This exclusion, through the exercise of an

unreviewable constitutional prerogative, constituted a gross

violation of the essence of two other constitutional provisions,

both intended to protect the rights of the States to

representation in Congress." page 28

 

     "Had these ten Southern States not been summarily denied

their constitutional rights of representation in Congress,

through the ruthless use of the power of each House to pass on

the election and qualifications of its members, this amendment

proposal would doubtless have died a-borning.  It obviously would

have been impossible to secure a two-thirds vote for the

submission of the proposed Fourteenth Amendment, particularly in

the Senate, if the excluded members had been permitted to enter

and to vote.  Of course, that was one of the motives and reasons

for this policy of ruthless exclusion." page 28

 

     "Assuming the validity of the submission of this amendment

by a two-thirds vote of this "rump" Congress, there is no

gainsaying the obvious proposition that whatever "contemplation"

 

or "understanding" this "rump" Congress may have had, as to the

intent, or the scope, or the effect, or the consequences of the

amendment being submitted, was necessarily a "rump" contemplation

or understanding.  The ten Southern States, whose Senators and

Representatives were all excluded from the deliberations of the

"rump" Congress, could have had no possible part in the

development or formation of any "contemplation" or

"understanding" of what the consequences and effects of the

proposed amendment were to be." page 29

 

     "This created a situation which made impossible the

ratification of the Amendment unless some of these rejections

were reversed.  With thirty-seven States in all, ten rejections

were sufficient to prevent the adoption of the amendment

proposal.  The thirteen rejections, by the ten Southern States

and three border States, were more than sufficient to block

ratification even if all other States finally ratified." page 30

 

     "This is the only action ever taken on the Fourteenth

Amendment by a Louisiana Legislature exercising free and

unfettered and uncoerced judgement and discretion as between

ratification or rejection of the amendment proposal.  The

subsequent purported ratification of this Amendment in Louisiana

was by a legislature of a puppet government, created by the

radical majority of Congress to do the bidding of its master, and

compelled to ratify this Amendment by the Federal Statute which

had brought this puppet government into existence for this

specific purpose."  page 30

 

     "It is most interesting to read the proceedings of the

Louisiana House of Representatives on February 6, 1867, whereby

that body adopted the Joint Resolution ordaining the refusal of

Louisiana to ratify the proposed Fourteenth Amendment--the Joint

Resolution which became Act 4 of 1867.  This Journal shows, by

the roll call, that one hundred members voted out of a total

House membership of one hundred and ten--and that the unanimous

vote was one hundred against ratification and not in favor of it.

This was the last opportunity for a free and uncoerced expression

of views on this amendment proposal by duly elected

representatives of the people of Louisiana." page 31

 

     "The Act dealt with these Southern States, referred to as

"rebel States" in its various provisions.  It opened with a

recital that "no legal State government" existed in these States.

It placed these States under military rule.  Louisiana and Texas

were grouped together as the Fifth Military District, and placed

under the domination of an army officer appointed by the

President.  All civilian authorities were placed under the

dominant authority of the military government." page 31

 

     "The most extreme and amazing feature of the Act was the

requirement that each excluded State must ratify the Fourteenth

Amendment, in order to again enjoy the status and rights of a

State, including representation in Congress.  Section 3 of the

Act sets fourth this compulsive coercion thus imposed upon the

Southern States." page 32

 

     "Senator Doolittle of Wisconsin, a Northerner and a

Conservative Republican.  During the floor debate on the bill, he

 

said:

     "My friend has said what has been said all around me, what

is said every day: the people of the South have rejected the

constitutional amendment, and therefore we will march upon them

and force them to adopt it at the point of the bayonet, and

establish military power over them until they do adopt it." page

32

 

     "President Johnson vetoed the Reconstruction Act in an able

message, stressing its harsh injustices and its many aspects of

obvious unconstitutionality.  He justifiably denounced it as "a

bill of attainder against nine million people at once." page 33

 

     "Notwithstanding this able message, the Act was promptly

passed over his veto by the required two-thirds majority in each

House.  Military rule took over in the ten Southern States to

initiate the process of conditioning a subjugated people to an

ultimate acceptance of the Fourteenth Amendment." page 33

 

     "Whatever justification for other portions of the

Reconstruction Act may or may not be found in this constitutional

provision, there could clearly be no sort of a relationship

between a guarantee to a State of "a republican form of

government" and an abrogation of the basic and constitutional

right of a State, in its legislative discretion, to make its own

choice between ratification or rejection of a constitutional

amendment proposal submitted to the state legislatures by the

Congress of the United States.  To deny to a State the exercise

of this free choice between ratification and rejection, and to

put the harshest sort of coercive pressure upon a State to compel

ratification, was clearly a gross infraction--not and

effectuation--of the constitutional guarantee of "a republican

form of government." page 37

 

     Madison said in Federalist No. 43:

"....the authority extends no further than to a guaranty of a

republican form government, which supposes a preexisting

government of the form which is to be guaranteed.  As long,

therefore, as the existing republican forms are continued by the

States, they are guaranteed by the federal Constitution.

Whenever the States may choose to substitute other republican

forms, they have a right to do so, and to claim the federal

guaranty for the latter.  The only restriction imposed on them is

, that they shall not exchange republican for anti-republican

Constitutions; a restriction which, it is presumed, will hardly

be considered as a grievance."  page 38

 

     "The enactment of the legislature of the puppet government

of Louisiana which ratified the Fourteenth Amendment is embodied

in Act 2 of 1868.  The legislative journals of that session

reflect the presence and dominance of the military, all as

provided for and contemplated by the Reconstruction Act." page 39

 

     "The House Journal shows that on June 29, 1868, Colonel

Batchelder opened the session by calling the roll and reading an

extract form the order of General Grant.  The Senate Journal for

the same date shows the reading of instructions from General

Grant to the Commanding Officer of the Fifth Military District

emphasizing the supremacy of the power of the military over the

provisional civilian government.  It was under these auspices

 

that the coerced ratifications of the Fourteenth Amendment in

Louisiana was accomplished." page 40

 

     "Also worth of note in this connection ins the holding in

1895 that the levying of an income tax by the Federal Government,

without apportioning the tax among the States as a direct tax,

violated the taxing-power provisions of the Constitution of the

United States--although, thirty years prior to this judicial

vindication of what the majority of the Court deemed to be

fundamental and true Constitutional provisions, the Federal

Government had levied and collected income taxes for several

years on a large scale, and had financed a major war of vital

consequences to a very considerable extent out of revenues so

obtained." page 44

 

 

 

Footnote #3

 

 

Reconstruction Act of March 2, 1867

 

RECONSTRUCTION ACT OF THIRTY-NINTH CONGRESS

 

 

 

>From Twenty Years of Congress: From Lincoln to Garfield.

 

With a review of the events which led to the political revolution

of 1860, by James G. Blaine. Vol. II, pp. 681-682.

 

 

 

An Act to provide for the more efficient government of the rebel

states.

 

     "Whereas no legal State governments or adequate protection

for life or property now exist in the rebel States of Virginia,

North Carolina, South Carolina, Georgia, Mississippi, Alabama,

Louisiana, Florida, Texas, and Arkansas; and whereas it is

necessary that peace and good order should be enforced in said

States until loyal and republican State governments can be

legally established: Therefore."

 

     "Be it enacted,  That said rebel States shall be divided

into military districts and made subject to the military

authority of the United States, as hereinafter prescribed, and

for that purpose Virginia shall constitute the first district;

North Carolina and South Carolina the second district; Georgia,

Alabama, and Florida the third district; Mississippi and Arkansas

the fourth district; and Louisiana and Texas the fifth district."

 

Sec. 2. "That it shall be the duty of the President to assign to

the command of each of said districts an officer of the army, not

below the rank of brigadier-general, and to detail a sufficient

military force to enable such officer to perform his duties and

enforce his authority within the district to which he is

assigned."

 

Sec. 3. "That it shall be the duty of each officer assigned as

aforesaid to protect all persons in their rights of person and

property, to suppress insurrection, disorder, and violence, and

to punish, or cause to be punished, all disturbers of the public

peace and criminals, and to this end he may allow local civil

tribunals to take jurisdiction of and to try offenders, or, when

in his judgment it may be necessary for the trial of offenders,

he shall have power to organize military commissions or tribunals

for that purpose; and all interference under color of State

authority with the exercise of military authority under this act

shall be null and void."

 

Sec. 4. "That all persons put under military arrest by virtue of

this act shall be tried without unnecessary delay, and no cruel

or unusual punishment shall be inflicted; and no sentence of any

military commission or tribunal hereby authorized, affecting the

 

life or liberty of any person, shall be executed until it is

approved by the officer in command of the district, and the laws

and regulations for the government of the army shall not be

affected by this act, except in so far as they conflict with its

provisions:

 

     "Provided, That no sentence of death under the provisions of

this act shall be carried into effect without the approval of the

President."

 

Sec. 5."That when the people of any one of said rebel States

shall have formed a constitution of government in conformity with

the Constitution of the United States in all respects, framed by

a convention of delegates elected by the male citizens of said

State twenty-one years old and upward, of whatever race, color,

or previous condition, who have been resident in said State for

one year previous to the day of such election, except such as may

be disfranchised for participation in the rebellion, or for

felony at common law, and when such constitution shall provide

that the elective franchise shall be enjoyed by all such persons

as have the qualifications herein stated for electors of

delegates, and when such constitution shall be ratified by a

majority of the persons voting on the question of ratification

who are qualified as electors for delegates, and when such

constitution shall have been submitted to Congress for

examination and approval, and Congress shall have approved the

same, and when said State, by a vote of its legislature elected

under said constitution, shall have adopted the amendment to the

Constitution of the United States, proposed by the Thirty-Ninth

Congress, and known as a targe."

 

     "After Ten Amend article fourteen, and when said article

shall have become a part of the Constitution of the United

States, said State shall  be declared entitled to representation

in Congress, and Senators and Representatives shall be admitted

therefrom on their taking the oaths prescribed by law, and then

and thereafter the preceding sections of this act shall be

inoperative in said State:

 

     "Provided, That no person excluded from the privilege of

holding office by said proposed amendment to the Constitution of

the United States shall be eligible to election as a member of

the convention to frame a constitution for any of said rebel

States, nor shall any such person vote for members of such

convention."

 

Sec. 6."That until the people of said rebel states shall be by

law admitted to representation in the Congress of the United

States, any civil governments which may exist therein shall be

deemed provisional only, and in all respects subject to the

paramount authority of the United States at any time to abolish,

modify, control, or supersede the same; and in all elections to

any office under such provisional governments all persons shall

be entitled to vote, and none others, who are entitled to vote

under the provisions of the fifth section of this act; and no

person shall be eligible to any office under any such provisional

governments who would be disqualified from holding office under

the provisions of the third article of said constitutional

amendment."

 

 

 

 

 

Footnote #4

 

Reconstruction Act of March 11, 1868

 

AMENDATORY RECONSTRUCTION ACT OF MARCH 11, 1868

 

>From Twenty Years of Congress: From Lincoln to Garfield.

 

With a review of the events which led to the political revolution

of 1860, by James G. Blaine. Vol. II, p. 687.

 

     "An Act to amend the act passed March 23, 1867, entitled An

Act supplementary to 'An act to provide for the more efficient

government of the rebel states,' passed March 2, 1867, and to

facilitate their restoration."

 

     "Be it enacted, That hereafter any election authorized by

the act passed March 23, 1867, entitled "An Act supplementary to

'An act to provide for the more efficient government of the rebel

states,' passed March 2, 1867, and to facilitate their

restoration," shall be decided by a majority of the votes

actually cast; and at the election in which the question of the

adoption or rejection of any constitution is submitted, any

person duly registered in the State may vote in the election

district where he offers to vote when he has resided therein for

ten days next preceding such election, upon presentation of his

certificate of registration, his affidavit, or other satisfactory

evidence, under such regulations as the district commanders may

prescribe."

 

Sec. 2. "That the constitutional convention of any of the States

mentioned in the acts to which this is amendatory may provide

that at the time of voting upon the ratification of the

constitution, the registered voters may vote also for members of

the House of Representatives of the United States, and for all

elective officers provided for by the said constitution; and the

same election officers, who shall make the returns of the votes

cast on the ratification or rejection of the constitution, shall

enumerate and certify the votes cast for members of Congress."

 

 

 

Footnote #5

 

Reconstruction Act of March 23, 1867

 

SUPPLEMENTARY RECONSTRUCTION ACT OF FORTIETH CONGRESS.

 

>From Twenty Years of Congress: From Lincoln to Garfield.

 

With a review of the events which led to the political revolution

of 1860, by James G. Blaine. Vol. II, pp. 682-685.

 

An Act supplementary to an act entitled

 

     An act to provide for the more efficient government of the

rebel states, passed March second, eighteen hundred and

sixty-seven, and to facilitate restoration.

 

 

     "Be it enacted, That before the first day of September,

eighteen hundred and sixty-seven, the commanding general in each

district defined by an act entitled."

 

     "An Act to provide for the more efficient government of the

rebel States, passed March second, eighteen hundred and

sixty-seven, shall cause a registration to be made of the male

citizens of the United States, twenty-one years of age and

upwards, resident in each county or parish in the State or States

included in his district, which registration shall include only

those persons who are qualified to vote for delegates by the act

aforesaid, and who shall have taken and subscribed the following

oath or affirmation: "I, _____, do solemnly swear, (or affirm,)

in the presence of Almighty God, that I am a citizen of the State

of _____; that I have resided in said State for _____ months next

 

preceding this day, and now reside in the county of _____, or the

parish of _____, in said State, (as the case may be;) that I am

twenty-one years old; that I have not been disfranchised for

participation in any  rebellion or civil war against the United

States, nor for felony committed against the laws of any State or

of the United States; that I have never been a member of any

State legislature, nor held any executive or judicial office in

any State and afterwards engaged in insurrection or rebellion

against the United States, or given aid or comfort to the enemies

thereof; that I have never taken an oath as a member of Congress

of the United States, or as an officer of the United States, or

as a member of any State legislature, or as an executive or

judicial officer of any State, to support the Constitution of the

United States, and afterwards engaged in insurrection or

rebellion against the United States or given aid or comfort to

the enemies thereof; that I will faithfully support the

Constitution and obey the laws of the United States, and will, to

the best of my ability, encourage others so to do, so help me

God;" which oath or affirmation may be administered by any

registering officer."

 

Sec. 2. "That after the completion of the registration hereby

provided for in any State, at such time and places therein as the

commanding general shall appoint and direct, of which at least

thirty days' public notice shall be given, an election shall be

held of delegates to a convention for the purpose of establishing

a constitution and civil government for such state loyal to the

Union, said convention in each State, except Virginia, to consist

of the same number of members as the most numerous branch of the

State legislature of such State in the year eighteen hundred and

sixty, to be apportioned among the several districts, counties,

or parishes of such State by the commanding general, giving to

each representation in the ratio of voters registered as

aforesaid, as nearly as may be. The convention in Virginia shall

consist of the same number of members as represented the

territory now constituting Virginia in the most numerous branch

of the legislature of said State in the year eighteen hundred and

sixty, to be apportioned as aforesaid."

 

Sec. 3. "That at said election the registered voters of each

State shall vote for or against a convention to form a

constitution therefor under this act. Those voting in favor of

such a convention shall have written or printed on the ballots by

which they vote for delegates, as aforesaid, the words "For a

convention," and those voting against such a convention shall

have written or printed on such ballots the words "Against a

convention." The person appointed to superintend said election,

and to make return of the votes given thereat, as herein

provided, shall count and make return of the votes given for and

against a convention; and the commanding general to whom the same

shall have been returned shall ascertain and declare the total

vote in each State for and against a convention. If a majority of

the votes given on that question shall be for a convention, then

 

such convention shall be held as hereinafter provided; but if a

majority of said votes shall be against a convention, then no

such convention shall be held under this act:

 

     "Provided, That such convention shall not be held unless a

majority of all such registered voters shall have voted on the

question of holding such convention."

 

Sec. 4. "That the commanding general of each district shall

appoint as many boards of registration as may be necessary,

consisting of three loyal officers or persons, to make and

complete the registration, superintend the election, and make

return to him of the votes, lists of voters, and of the persons

elected as delegates by a plurality of the votes cast at said

election; and upon receiving said returns he shall open the same,

ascertain the persons elected as delegates according to the

returns of the officers who conducted said election, and make

proclamation thereof; and if a majority of the votes given

on that question shall be for a convention, the commanding

general, within sixty days from the date of election, shall

notify the delegates to assemble in convention, at a time and

place to be mentioned in the notification, and said convention,

when organized, shall proceed to frame a constitution and civil

government according to the provisions of this act and the act to

which is it supplementary; and when the same shall have been so

framed, said constitution shall be submitted by the convention

for ratification to the persons registered under the provisions

of this act at an election to be conducted by the officers or

persons appointed or to be appointed by the commanding general,

as hereinbefore provided, and to be held after the expiration of

thirty days from the date of notice thereof, to be given by said

convention; and the returns thereof shall be made to the

commanding general of the district."

 

Sec. 5. "That if, according to said returns, the constitution

shall be ratified by a majority of the votes of the registered

electors qualified as herein specified, cast at said election,

(at least one half of all the registered voters voting upon the

question of such ratification,) the president of the convention

shall transmit a copy of the same, duly  certified, to the

President of the United States, who shall forthwith transmit the

same to Congress, if  then in session, and if not in session,

then immediately upon its next assembling; and if it shall,

moreover, appear to Congress that the election was one at which

all the registered and qualified electors in the State had an

opportunity to vote freely and without restraint, fear, or the

influence of fraud, and if the Congress shall be satisfied that

such constitution meets the approval of a majority of all the

qualified electors in the State, and if the said constitution

shall be declared by Congress to be in conformity with the

provisions of the act to which this is supplementary, and the

other provisions of said act shall have been complied with, and

the said constitution shall be approved by Congress, the State

shall be declared entitled to representation, and Senators and

Representatives shall be admitted therefrom as therein provided."

 

 

Sec. 6. "That all elections in the States mentioned in the said

"Act to provide for the more efficient government of the rebel

States," shall, during the operation of said act, be by ballot;

and all officers making the said registration of voters and

conducting said elections shall, before entering upon the

discharge of their duties, take and subscribe the oath prescribed

by the oath 1862 act approved July second, eighteen hundred and

sixty-two, entitled "An act to prescribe an oath of office:"

 

     "Provided, That if any person shall knowingly and falsely

take and subscribe any oath in this act prescribed, such person

so offending and being thereof duly convicted, shall be subject

to the pains, penalties, and disabilities which by law are

provided for the punishment of the crime of wilful and corrupt

perjury."

 

Sec. 7. "That all expenses incurred by the several commanding

generals, or by virtue of any orders issued, or appointments

made, by them, under or by virtue of this act, shall be paid out

of any moneys in the treasury not otherwise appropriated."

 

Sec. 8. "That the convention for each State shall prescribe the

fees, salary, and compensation to be paid to all delegates and

other officers and agents herein authorized or necessary to carry

into effect the purposes of this act not herein otherwise

provided for, and shall provide for the levy and collection of

such taxes on the property in such State as may be necessary to

pay the same."

 

Sec. 9. "That the word article, in the sixth section of the act

to which this is supplementary, shall be construed to mean

section."

 

 

 

 

Footnote #6

 

 

Reconstruction Act of July 19, 1867

 

SUPPLEMENTARY RECONSTRUCTION ACT OF JULY 19, 1867.

 

 

 

>From Twenty Years of Congress: From Lincoln to Garfield.

 

With a review of the events which led to the political revolution

of 1860,  by James G. Blaine. Vol. II, pp. 685-687.

 

 

 

     "An Act supplementary to an act entitled An Act to provide

for the more efficient government of the rebel states,  passed on

the second day of March, 1867, and the act supplementary

thereto, passed on the 23d day of March, 1867."

 

     "Be it enacted, That it is hereby declared to have been the

true intent and meaning of the act of the 2d day of March, 1867,

entitled "An act to provide for the more efficient government of

the rebel States," and of the act supplementary thereto, passed

on the 23d day of March, 1867, that the governments then existing

in the rebel States of Virginia, North Carolina, South Carolina,

Georgia, Mississippi, Alabama, Louisiana, Florida, Texas, and

Arkansas, were not legal State governments; and that thereafter

said governments, if continued, were to be continued subject in

all respects to the military commanders of the respective

districts, and to the paramount authority of Congress."

 

Sec. 2."That the commander of any district named in said act

shall have power, subject to the disapproval of the General of

the army of the United States, and to have effect till

disapproved, whenever in the opinion of such commander the proper

administration of said act shall require it, to suspend or remove

 

from office, or from the performance of official duties and the

exercise of official powers, any officer or person holding or

exercising, or professing to hold or exercise, any civil or

military office or duty in such district under any power,

election, appointment, or authority derived from, or granted by,

or claimed under, any so-called State or the government thereof,

or any municipal or other division thereof; and upon such

suspension or removal such commander, subject to the disapproval

of the General as aforesaid, shall have power to provide  from

time to time for the performance of the said duties of such

officer or person so suspended or removed, by the detail of some

competent officer or soldier of the army, or by the appointment

of some other person to perform the same, and to fill vacancies

occasioned by death, resignation, or otherwise."

 

Sec. 3. "That the General of the army of the United States shall

be invested with all the powers of suspension, removal,

appointment, and detail granted in the preceding section to

district commanders."

 

Sec. 4. "That the acts of the officers of the army already done

in removing in said districts persons exercising the functions of

civil officers, and appointing others in their stead, are hereby

confirmed: Provided, That any person heretofore or hereafter

appointed by any district commander to exercise the functions of

any civil office, may be removed either by the military officer

in command of the district, or by the General of the army. And it

shall be the duty of such commander to remove from office, as

aforesaid, all persons who are disloyal to the Government of the

United States, or who use their official influence in any manner

to hinder, delay, prevent, or obstruct the due and proper

administration of this act and the acts to which it is

supplementary."

 

Sec. 5."That the boards of registration provided for in the act

entitled "An act supplementary to an act entitled 'An act to

provide for the more efficient government of the rebel States,'

passed March 2, 1867, and to facilitate restoration," passed

March 23, 1867, shall have power, and it shall be their duty,

before allowing the registration of any person, to ascertain,

upon such facts or information as they can obtain, whether such

person is entitled to be registered under said act, and the oath

required by said act shall not be conclusive on such question,

and no person shall be registered unless such board shall decide

that he is entitled thereto; and such board shall also have power

to examine, under oath, (to be administered by any member of such

board,) any one touching the qualification of any person claiming

registration; but in every case of refusal by the board to

register an applicant, and in every case of striking his name

from the list as hereinafter provided, the board shall make a

note or memorandum, which shall be returned with the registration

list to the commanding general of the district, setting forth the

grounds of such refusal or such striking from the list:

 

     "Provided, That no person shall be disqualified as member of

any board of registration by reason of race or color."

 

 

Sec. 6. "That the true intent and meaning of the oath prescribed

in said supplementary act is, (among other things,) that no

person who has been a member of the Legislature of any State, or

who has held any executive or judicial office in any State,

whether he has taken an oath to support the Constitution of the

United States or not, and whether he was holding such office at

the commencement of the rebellion, or had held it before, and who

has afterwards engaged in insurrection or rebellion against the

United States, or given aid or comfort to the enemies thereof, is

entitled to be registered or to vote; and the words "executive or

judicial office in any State" in said oath mentioned shall be

construed to include all civil offices created by law for the

administration of any general law of a State, or for the

administration of justice."

 

sec. 7. "That the time for completing the original registration

provided for in said act may, in the discretion of the commander

of any district, be extended to the 1st day of October, 1867; and

the boards of registration shall have power, and it shall be

their duty, commencing fourteen days prior to any election under

said act, and upon reasonable public notice of the time and place

thereof, to revise, for a period of five days, the registration

lists, and, upon being satisfied that any person not entitled

thereto has been registered, to strike the name of such person

from the list, and such person shall  not be allowed to vote. And

such board shall also, during the same period, add to such

registry the names of all persons who at that time possess the

qualifications required by said act who have not been already

registered; and no person shall, at any time, be entitled to be

registered or to vote, by reason of any executive pardon or

amnesty, for any act or thing which, without such pardon or

amnesty, would disqualify him from registration or voting."

 

Sec. 8. "That section four of said last-named act shall be

construed to authorize the commanding general named therein,

whenever he shall deem it needful, to remove any member of a

board of registration and to appoint another in his stead, and to

fill any vacancy in such board."

 

Sec. 9. "That all members of said boards of registration, and all

persons hereafter elected or appointed to office in said military

districts, under any so-called State or municipal authority, or

by detail or appointment of the district commanders, shall be

required to take and to subscribe the oath of office prescribed

by law for officers of the United States.  I am not sure that

this is the oath intended here."

 

Sec. 10. "That no district commander or member of the board of

registration, or any of the officers or appointees acting under

them, shall be bound in his action by any opinion of any civil

officer of the United States."

 

Sec. 11. "That all the provisions of this act and of the acts to

which this is supplementary shall be construed liberally, to the

end that all the intents thereof may be fully and perfectly

carried out."

 

 

 

Footnote #7

 

 

Proclamation of Amnesty and Reconstruction

 

 

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA:

 

A PROCLAMATION.

 

     "Whereas, in and by the Constitution of the United States,

it is provided that the President "shall have power to grant

reprieves and pardons for offenses against the United States,

except in cases of impeachment;" and

     "Whereas a rebellion now exists whereby the loyal State

governments of several States have for a long time been

subverted, and many persons have committed and are now guilty of

treason against the United States; and Whereas, with reference to

said rebellion and treason, laws have been enacted by Congress

declaring forfeitures and confiscation of property and liberation

of slaves, all upon terms and conditions therein stated, and also

declaring that the President was thereby authorized at any time

thereafter, by proclamation, to extend to persons who may have

participated in the existing rebellion, in any State or part

thereof, pardon and amnesty, with such exceptions and at such

times and on such conditions as he may deem expedient for the

public welfare;" and

     "Whereas the congressional declaration for limited and

conditional pardon accords with well-established judicial

exposition of the pardoning power;" and

     "Whereas, with reference to said rebellion, the President of

the United States has issued several proclamations, with

provisions in regard to the liberation of slaves; and

Whereas it is now desired by some persons heretofore engaged in

said rebellion to resume their allegiance to the United States,

and to reinaugurate loyal State governments within and for their

respective States; therefore,"

     "I, Abraham Lincoln, President of the United States, do

proclaim, declare, and make known to all persons who have,

directly or by implication, participated in the existing

rebellion, except as hereinafter excepted, that a full pardon is

hereby granted to them and each of them, with restoration of all

rights of property, except as to slaves, and in property cases

where rights of third parties shall have intervened, and upon the

condition that every such person shall take and subscribe an

oath, and thenceforward keep and maintain said oath inviolate;

and which oath shall be registered for permanent preservation,

and shall be of the tenor and effect following, to wit:"

 

"I, --------, do solemnly swear, in presence of Almighty God,

that I will henceforth faithfully support, protect and defend the

Constitution of the United States, and the union of the States

thereunder; and that I will, in like manner, abide by and

faithfully support all acts of Congress passed during the

existing rebellion with reference to slaves, so long and so far

as not repealed, modified or held void by Congress, or by

decision of the Supreme Court; and that I will, in like manner,

abide by and faithfully support all proclamations of the

President made during the existing rebellion having reference to

slaves, so long and so far as not modified or declared void by

decision of the Supreme Court. So help me God."

 

     "The persons excepted from the benefits of the foregoing

provisions are all who are, or shall have been, civil or

 

diplomatic officers or agents of the so-called confederate

government; all who have left judicial stations under the United

States to aid the rebellion; all who are, or shall have been,

military or naval officers of said so-called confederate

government above the rank of colonel in the army, or of

lieutenant in the navy; all who left seats in the United States

Congress to aid the rebellion; all who resigned commissions in

the army or navy of the United States, and afterwards aided the

rebellion; and all who have engaged in any way in treating

colored persons or white persons, in charge of such, otherwise

than lawfully as prisoners of war, and which persons may have

been found in the United States service, as soldiers, seamen, or

in any other capacity."

     "And I do further proclaim, declare, and make known, that

whenever, in any of the States of Arkansas, Texas, Louisiana,

Mississippi, Tennessee, Alabama, Georgia, Florida, South

Carolina, and North Carolina, a number of persons, not less than

one-tenth in number of the votes cast in such State at the

Presidential election of the year of our Lord one thousand eight

hundred and sixty, each having taken the oath aforesaid and not

having since violated it, and being a qualified voter by the

election law of the State existing immediately before the

so-called act of secession, and excluding all others, shall

re-establish a State government which shall be republican, and in

no wise contravening said oath, such shall be recognized as the

true government of the State, and the State shall receive

thereunder the benefits of the constitutional provision which

declares that "The United States shall guaranty to every State in

this union a republican form of government, and shall protect

each of them against invasion; and, on application of the

legislature, or the executive, (when the legislature cannot be

convened,) against domestic violence."

     "And I do further proclaim, declare, and make known that any

provision which may be adopted by such State government in

relation to the freed people of such State, which shall recognize

and declare their permanent freedom, provide for their education,

and which may yet be consistent, as a temporary arrangement, with

their present condition as a laboring, landless, and homeless

class, will not be objected to by the national Executive. And it

is suggested as not improper, that, in constructing a loyal State

government in any State, the name of the State, the boundary,

the subdivisions, the constitution, and the general code of laws,

as before the rebellion, be maintained, subject only to the

modifications made necessary by the conditions hereinbefore

stated, and such others, if any, not contravening said

conditions, and which may be deemed expedient by those framing

the new State government."

     "To avoid misunderstanding, it may be proper to say that

this proclamation, so far as it relates to State governments, has

no reference to States wherein loyal State governments have all

the while been maintained. And for the same reason, it may be

proper to further say that whether members sent to Congress from

 

any State shall be admitted to seats, constitutionally rests

exclusively with the respective Houses, and not to any extent

with the Executive. And still further, that this proclamation is

intended to present the people of the States wherein the national

authority has been suspended, and loyal State governments have

been subverted, a mode in and by which the national authority and

loyal State governments may be re-established within said States,

or in any of them; and, while the mode presented is the best the

Executive can suggest with his present impressions, it must not

be understood that no other possible mode would be

acceptable."

     "Given under my hand at the city, of Washington, the 8th.

day of December, A.D. one thousand eight hundred and sixty-three,

and of the independence of the United States of America the

eighty-eighth."

 

                                                         

ABRAHAM LINCOLN

 

By the President:

 

WILLIAM H. SEWARD, Secretary of State

 

 

 

Footnote #8

 

 

Veto message by President Johnson, March 2, 1867

 

     "I have examined the bill to provide for the more efficient

government of the Rebel States' with care and anxiety which its

transcendent importance is calculated to awaken.  I am unable to

give it my assent for reasons so grave that I hope a statement of

them may have some influence on the minds of the patriotic and

enlightened men with whom the decision must ultimately rest." 

     "The bill places all the people of the ten states therein

named under the absolute domination of military rules; and the

preamble undertakes to give the reason upon which the measure is

based and the ground upon which it is justified.  It declares

that there exists in those States no legal governments and no

adequate protection for life or property, and asserts the

necessity of enforcing peace and good order within their limits.

This is not true as a matter of fact."

     "It is not denied that the States in question have each of

them an actual government, with all the powers - executive,

judicial, and legislative - which properly belong to a free

state.  They are organized like the other States of the Union,

and, like them, they make, administer, and execute the laws which

concern their domestic affairs.  An existing de facto government,

exercising such functions as these, is itself the law of the

state upon all matters within its jurisdiction.  To pronounce the

supreme law making power of an established state illegal is to

say that law itself is unlawful."

     "The provisions which these governments have made for the

preservation of order, the suppression of crime, and the redress

of private injuries are in substance and principle the same as

those which prevailing the Northern States and in other civilized

countries.  They certainly have not succeeded in preventing the

commission of all crime, nor has this been accomplished any where

in the world....But that people are maintaining local governments

for themselves which habitually defeat the object of all

government and render their own lives and property insecure is in

itself utterly improbable, and the averment of the bill to that

 

effect is not supported by any evidence which has come to my

knowledge...."

     "The bill, however, would seem to show upon its face that

the establishment of peace and good order is not its real object.

The fifth section declares that the preceding sections shall

crease to operate in any state where certain events shall have

happened.  These events are, first, the selection of delegates to

a State convention by an election at which Negroes shall be

allowed to vote; second, the formation of a State Constitution by

the convention so chosen; third, the insertion into the State

constitution of a provision which will secure the right of voting

at all elections to Negroes and to such white men as may not be

disfranchised for rebellion or felony; fourth, the submission of

the Constitution for ratification by their vote; fifth, the

submission of the State Constitution to Congress for examination

and approval, and the actual approval of it by that body; sixth,

the adoption of a certain amendment to the Federal Constitution

by a vote of Legislature elected under the new Constitution;

seventh, the adoption of said amendment by a sufficient number of

other States to make it a part of the Constitution of the United

States.  All these conditions must be fulfilled before the people

of any of these States can be relieved from the bondage of

military domination; but when they are fulfilled, then

immediately the pains and penalties of the bill are to cease, no

matter whether there be peace and order or not, and without any

reference to the security of life or property.  The excuse given

for the bill in the preamble is it establishes is plainly to be

used, not for any purpose of order or for the prevention of

crime, but solely as am means of coercing the people into the

adoption of principles and measures to which it is known that

they are opposed, and upon which they have an undeniable right to

exercise their own judgment."

     "I submit to Congress whether this measure is not in its

whole character, scope, and object without precedent and without

authority, in palpable conflict with the plainest provisions of

liberty and humanity for which our ancestors on both sides of the

Atlantic have shed so much blood, and expended so much treasure."

     "The ten States named in the bill are divided into five

districts.  For each district an officer of the Army, not below

the rank of a brigadier-general, is to be appointed to rule over

the people; and he is to be supported with an efficient military

force to enable him to perform his duties and enforce his

authority.  Those duties and that authority, as defined by the

third section of the bill, are 'to protect all persons in their

rights of person and property, to suppress insurrection,

disorder, and violence, and to punish or cause to be punished all

disturbers of the public peace or criminals'.  The power thus

given to commanding officer over all the people of each district

is that of an absolute monarch.  His mere will is to take the

place of all law...."

     "It is plain that the authority here given to the military

officer amounts to absolute despotism.  But to make it still more

 

unendurable, the bill provides that it may be delegated to as

many subordinates as he chooses to appoint, for it declares that

he shall 'punish or cause to be punished'.  Such a power has not

been wielded by any Monarch in England for more than five hundred

years.  In all that time no people who speak the English language

have borne such servitude.  It reduces the whole population of

the ten States- all persons, of every color, sex and condition,

and every stranger within their limits- to the most abject and

degrading slavery.  No master ever had a control so absolute over

the slaves as this bill gives to the military officers over both

white and colored persons...."

     "I come now to a question which is, if possible, still more

important.  Have we the power to establish and carry into

execution a measure like this?  I answer, 'Certainly not', if we

derive our authority from the Constitution and if we are bound by

the limitations which is imposes."

     "This proposition is perfectly clear, that no branch of the

Federal Government- executive, legislative, or judicial- can have

any just powers except those which it derives through and

exercises under the organic laws of the Union.  Outside of the

Constitution we have no legal authority more than private

citizens, and within it we have only so much as that instrument

gives us.  This broad principle limits all our functions and

applies to all subjects.  It protects not only the citizens of

States which are within the Union, but it shields every human

being who comes or is brought under our jurisdiction.  We have no

right to do in one place more than in another that which the

Constitution says we shall not do at all.  If, therefore, the

Southern States were in truth out of the Union, we could not

treat their people in a way which the fundamental law forbids.

Some persons assume that the success of our arms in crushing the

opposition which was made in some of the States to the execution

of the Federal laws reduced those States and all their people -

the innocent as well as the guilty - to the condition of

vassalage and gave us a power over them which the Constitution

does not bestow or define or limit.  No fallacy can be more

transparent than this.  Our victories subjected the insurgents to

legal obedience, not to the yoke of an arbitrary despotism.  When

an absolute sovereign reduces hi s rebellious subjects, he may

deal with them according to his pleasure, because he had that

power before.  But when a limited monarch puts down an

insurrection, he must still govern according to law...."

     "This is a bill passed by Congress in time of peace.  There

is not in any one of the States brought under its operation

either war or insurrection.  The laws of the States and of the

Federal Government are all in undisturbed and harmonious

operation.  The courts, State and Federal, are open and in the

full exercise of their proper authority.  Over every State

comprised in these five military districts, life, and property

are secured by State laws and Federal laws, and the National

Constitution is every where in force and every where obeyed.

 

What, then is the ground on which the bill proceeds?  The title

of the bill announces that it is intended 'for the more efficient

government' of these ten States.  It is recited by way of

preamble that no legal State Governments 'nor adequate protection

for live or property' exist in those States, and that peace and

good order should be thus recitals, which prepare the way for

martial law, is this, that the only foundation upon which martial

law can exist under our form of Government is not stated or so

much as pretended.  Actual war, foreign invasion, domestic

insurrection -none of these appear; and none of these, in fact

exist.  It is not even recited that any sort of war or

insurrection is threatened.  Let us pause to consider, upon this

question of constitutional law and power of Congress, a recent

decision of the Supreme Court of the United States in ex parte

Milligan, I will first quote form the opinion of the majority of

the Court: 'Martial law can not arise from a threatened invasion.

The necessity must be actual and present, the invasion real, such

as effectually closes the courts and deposes the civil

administration'."

     "We see that martial law come in only when actual war closes

the courts and deposes the civil authority; but this bill, in

time of peace, makes martial law operate as though we were in

actual war, and becomes the cause instead of the consequence of

the abrogation of civil authority.  One more quotation: 'It

follows from what has been said on this subject that there are

occasions when martial law can be properly applied.  If in

foreign invasion or civil war the courts are actually closed, and

it is impossible to administer criminal justice according to law,

then, on the theater of active military operations, where war

really prevails, there is a necessity to furnish a substitute for

the civil authority thus overthrown, to preserve the safety of

the army and society; and as no power is left by the military, it

is allowed to govern by martial rule until the laws can have

their free course."

     "I now quote from the opinion of the minority of the court,

delivered by Chief Justice Chase: 'We by no means assert that

Congress can establish and apply the laws of war where no war has

been declared or exists.  Where peace exists, the laws of peace

must prevail.'"

     "This sufficiently explicit.  Peace exists in all the

territory to which this bill applies.  It asserts a power in

Congress, in time of peace, to set aside the laws of peace and to

substitute the laws of war.  The minority, concurring with the

majority, declares that Congress does not possess that power....I

need not say to the representatives of the American people that

their Constitution forbids the exercise of judicial power in any

way but one- that is, by the ordained and established courts.  It

is equally well known that in all criminal cases a trial by jury

is made indispensable by the express words of that instrument."

     "...The Constitution also forbids the arrest of the citizen

without judicial warrant, founded on probable cause.  This bill

authorizes an arrest without warrant, at pleasure of a military

 

commander.  The Constitution declares that 'no person shall be

held to answer for a capital or otherwise infamous crime unless

on presentment of a grand jury'.  This bill holds ever person not

a soldier answerable for all crimes and all charges without any

presentment.  The Constitution declares that 'no person shall be

deprived of life, liberty, or property without due process of

law'.  This bill sets aside all process of law, and makes the

citizen answerable in his person and property to the will of one

man, and as to his life to the will of two.  Finally, the

Constitution declares that 'the privilege of the writ of habeas

corpus shall not be suspended unless when, in case of rebellion

or invasion, the public safety may require it'; whereas this bill

declares martial law (which of itself suspends this great writ)

in time of peace, and authorizes the military to make the arrest,

and gives to the prisoner only one privilege, and that is trial

'without unnecessary delay'.  He has no hope of release from

custody, except the hope, such as it is, of release by acquittal

before a military commission."

     "The United States are bound to guarantee to each State a

republican form of government.  Can it be pretended that this

obligation is not palpably broken if we carry out a measure like

this, which wipes away every vestige of republican government in

ten States and puts the life, property, and honor of all people

in each of them under domination of a single person clothed with

unlimited authority?"

     "....,here is a bill of attainder against 9,000,000 people

at once.  It is based upon an accusation so vague as to be

scarcely intelligible and found to be true upon no credible

evidence.  Not one of the 9,000,000 was heard in his own defense.

The representatives of the doomed parties were excluded from all

participation in the trial.  The conviction is to be followed by

the most ignominious punishment ever inflicted on large messes of

men.  It disfranchises them by hundreds of thousands and degrades

them all, even those who are admitted to be guiltless, from the

rank of freeman to the condition of slaves."

     "The purpose and object of the bill- the general intent

which pervades it from beginning to end- is to change the entire

structure and character of the State Governments and to compel

them by force to the adoption of organic laws and regulations

which they are unwilling to accept if left to themselves.  The

Negroes have not asked for the privilege of voting; the vast

majority of them have no idea what it means.  This bill not only

thrusts it into their hands, but compels them, as well as the

whites, to use it in a particular way.  If they do not form a

Constitution with prescribed articles in it and afterwards elect

a legislature which will act upon certain measures in a

prescribed way, neither blacks nor whites can be relieved from

the slavery which the bill imposes upon them.  Without pausing

here to consider the policy or impolicy of Africanizing the

souther part of our territory, I would simply ask the attention

of Congress to the manifest, well-known, and universally

 

acknowledged rule of Constitutional law which declares that the

Federal Government has no jurisdiction, authority, or  power to

regulate such subjects for any State.  To force the right of

suffrage out of the hands of white people and into the hands of

the Negroes is an arbitrary violation of this principle...."

     "That the measure proposed by this bill does violate the

Constitution in the particulars mentioned and in many other ways

which I forbear to enumerate is too clear to admit the least

doubt.  It only remains to consider whether the injunctions of

that instrument ought to be obeyed or not.  I think they ought to

be obeyed, for reasons which I will proceed to give as briefly as

possible.  In the first place, it is the only system of free

Government which we can hope to have as a Nation.  When it ceases

to be the rule of our conduct, we may perhaps take our choice

between complete anarchy, a consolidated despotism, and a total

dissolution of the Union; but national liberty regulated by law

will have passed beyond our reach..."

     "It was to punish the gross crime of defying the

Constitution and to vindicate its supreme authority that we

carried on a bloody war of four year's duration.  Shall we now

acknowledge that we sacrificed a million of lives and expended

billions of treasure to enforce a Constitution which is not

worthy of respect and preservation?...."

     "It is a part of our public history which can never be

forgotten that both Houses of Congress, in July 1861, declared in

the form of a soleman resolution that the war was and should be

carried on for no purpose of subjugation, but solely to enforce

the Constitutional rights of the States and of individuals

unimpaired.  This resolution was adopted and sent forth to the

world unanimously by the Senate and with only two dissenting

voices in the House.  It was accepted by the friends of the Union

in the South as well as in the North as expressing honestly and

truly the object of the war.  On the faith of it many thousands

of persons in both sections gave their lives and their fortunes

to the cause.  To repudiate it now by refusing to the States and

to the individuals within them the 'rights' which the

Constitution and laws of the Union would secure to them is a

breach of our plighted honor for which I can imagine no excuse

and to which I cannot voluntarily become a party...."

     "....I am thoroughly convinced that any settlement or

compromise or plan of actions which is inconsistent with the

principles of the Constitution will not only be unavailing, but

mischievous; that is will but multiply the present evils, instead

of removing them.  The Constitution, in its whole integrity and

vigor, throughout the length and breadth of the land, is the best

of all compromises.  Besides, our duty does not, in my judgement,

leave us a choice between that and any other.  I believe that it

contains the remedy that is so much needed, and that if the

coordinate branches of the Government would unite upon its

provisions they would be found broad enough and strong enough to

sustain in time of peace the Nation which they bore safely

 

through the ordeal of a protracted civil war.  Among the most

sacred guaranties of that instrument are those which declare that

'each State shall have at least one Representative', and that 'no

State, without its consent, shall be deprived of its equal

suffrage in the Senate'.  Each House is made the 'judge of the

elections, returns and qualifications of its own members,' and

may, 'with the concurrence of two-thirds, expel a member'.  Thus,

as heretofore urged, 'in the admission of Senators and

Representatives from any and all of the States there can no just

ground of apprehension that persons who are disloyal will be

clothed with the powers of legislation, for this could not happen

when the Constitution and the laws are enforced by a vigilant and

faithful Congress'.  When a Senator or Representative presents

his certificate of election, he may at once be admitted or

rejected, or, should there be any question as to his eligibility,

his credentials may be referred for investigation to the

appropriate committee.  If admitted to a seat, it must be upon

evidence satisfactory to the House of which he thus becomes a

member that he possesses the requisite constitutional and legal

qualifications.  If refused admission as a member for want of due

allegiance to the Government, and returned to his constituents,

they are admonished that none but persons loyal to the United

States will be allowed a voice in the legislative councils of the

Nation, and the political power and moral influence of Congress

are thus effectively exerted in the interests of loyalty to the

Government and fidelity of the Union...."

     "While we are legislating upon subjects which are of great

importance to the whole people, and which must affect all parts

of the country, not only hurting the life of the present

generation, but for ages to come, we should remember that all men

are entitled at least to a hearing in the councils which decide

upon the destiny of themselves and their children.  At present

ten States are denied representation, and when the Fortieth

Congress assembles on the 4th day of the present month sixteen

States will be without a voice in the House of Representatives.

This grave fact, with the important questions before us, should

induce us to pause in a course of legislation which, looking

solely to the attainment of political ends, fails to consider the

rights it transgresses, the law which it violates, or the

institutions which it imperils."

 

 

Andrew Johnson

 

 

 

Footnote #9

 

 

Article 1. "A place, district, or country occupied by an enemy

stands, in consequence of the occupation, under the Martial Law

of the invading or occupying army, whether any proclamation

declaring Martial Law, or any public warning to the inhabitants,

has been issued or not. Martial Law is the immediate and direct

effect and consequence of occupation or conquest."

Gen. Orders No. 100 by President Lincoln, 24 April 1863

 

Art. 3. "Martial Law in a hostile country consists in the

suspension, by the occupying military authority, of the criminal

and civil law, and of the domestic administration and government

in the occupied place or territory, and in the substitution of

 

military rule and force for the same, as well as in the dictation

of general laws, as far as military necessity requires this

suspension, substitution, or dictation."

Gen. Orders No. 100 by President Lincoln, 24 April 1863

 

     "The commander of the forces may proclaim that the

administration of all civil and penal law shall continue either

wholly or in part, as in times of peace, unless otherwise ordered

by the military authority."

Gen. Orders No. 100 by President Lincoln, 24 April 1863

 

Art. 6. "All civil and penal law shall continue to take its usual

course in the enemy's places and territories under Martial Law,

unless interrupted or stopped by order of the occupying military

power; but all the functions of the hostile government -

legislative executive, or administrative - whether of a general,

provincial, or local character, cease under Martial Law, or

continue only with the sanction, or, if deemed necessary, the

participation of the occupier or invader."

Gen. Orders No. 100 by President Lincoln, 24 April 1863

 

Art. 10. "Martial Law affects chiefly the police and collection

of public revenue and taxes, whether imposed by the expelled

government or by the invader, and refers mainly to the support

and efficiency of the army, its safety, and the safety of its

operations."

Gen. Orders No. 100 by President Lincoln, 24 April 1863

 

Art. 12. "Whenever feasible, Martial Law is carried out in cases

of individual offenders by Military Courts; but sentences of

death shall be executed only with the approval of the chief

executive, provided the urgency of the case does not require a

speedier execution, and then only with the approval of the chief

commander."

Gen. Orders No. 100 by President Lincoln, 24 April 1863

 

Art. 13."Military jurisdiction is of two kinds: First, that which

is conferred and defined by statute; second, that which is

derived from the common law of war. Military offenses under the

statute law must be tried in the manner therein directed; but

military offenses which do not come within the statute must be

tried and punished under the common law of war. The character of

the courts which exercise these jurisdictions depends upon the

local laws of each particular country."

Gen. Orders No. 100 by President Lincoln, 24 April 1863

 

Art. 17. "War is not carried on by arms alone. It is lawful to

starve the hostile belligerent, armed or unarmed, so that it

leads to the speedier subjection of the enemy."

Gen. Orders No. 100 by President Lincoln, 24 April 1863

 

Art. 26. "Commanding generals may cause the magistrates and civil

officers of the hostile country to take the oath of temporary

allegiance or an oath of fidelity to their own victorious

government or rulers, and they may expel everyone who declines to

do so. But whether they do so or not, the people and their civil

officers owe strict obedience to them as long as they hold sway

over the district or country, at the peril of their lives."

Gen. Orders No. 100 by President Lincoln, 24 April 1863

 

Art. 31. "A victorious army appropriates all public money, seizes

all public movable property until further direction by its

government, and sequesters for its own benefit or of that of its

 

government all the revenues of real property belonging to the

hostile government or nation. The title to such real property

remains in abeyance during military occupation, and until the

conquest is made complete."

Gen. Orders No. 100 by President Lincoln, 24 April 1863

 

Art. 33. "It is no longer considered lawful - on the contrary, it

is held to be a serious breach of the law of war - to force the

subjects of the enemy into the service of the victorious

government, except the latter should proclaim, after a fair and

complete conquest of the hostile country or district, that it is

resolved to keep the country, district, or place permanently as

its own and make it a portion of its own country."

Gen. Orders No. 100 by President Lincoln, 24 April 1863

 

Art. 39. "The salaries of civil officers of the hostile

government who remain in the invaded territory, and continue the

work of their office, and can continue it according to the

circumstances arising out of the war - such as judges,

administrative or police officers, officers of city or communal

governments - are paid from the public revenue of the invaded

territory, until the military government has reason wholly or

partially to discontinue it. Salaries or incomes connected with

purely honorary titles are always stopped."

Gen. Orders No. 100 by President Lincoln, 24 April 1863

 

Art. 41. "All municipal law of the ground on which the armies

stand, or of the countries to which they belong, is silent and of

no effect between armies in the field."

Gen. Orders No. 100 by President Lincoln, 24 April 1863

 

Art. 43. "Therefore, in a war between the United States and a

belligerent which admits of slavery, if a person held in bondage

by that belligerent be captured by or come as a fugitive under

the protection of the military forces of the United States, such

person is immediately entitled to the rights and privileges of a

freeman To return such person into slavery would amount to

enslaving a free person, and neither the United States nor any

officer under their authority can enslave any human being.

Moreover, a person so made free by the law of war is under the

shield of the law of nations, and the former owner or State can

have, by the law of postliminy, no belligerent lien or claim of

service."

Gen. Orders No. 100 by President Lincoln, 24 April 1863

 

 

 

Footnote #10

 

 

     "The right to thus occupy an enemy's country and temporarily

provide for its government has been recognized by previous action

of the executive authority, and sanctioned by frequent decisions

of this court. The local government being destroyed, the

conqueror may set up its own authority, and make rules and

regulations for the conduct of temporary government, and to that

end may collect taxes and duties to support the military

authority and carry on operations incident to the occupation."

Macleod v. U.S, 229 U.S. 416 1913

 

     "The right of one belligerent to occupy and govern the

territory of the enemy while in its military possession is one of

the incidents of war, and flows directly from the right to

conquer. We therefore do not look to the Constitution or

political institutions of the conqueror for authority to

 

establish a government for the territory of the enemy in his

possession, during its [182 U.S. 222, 231] military occupation,

nor for the rules by which the powers of such government are

regulated and limited. Such authority and such rules are derived

directly from the laws of war, as established by the usage of the

world and confirmed by the writings of publicists and decisions

of courts,- in fine, from the law of nations. . . . The municipal

laws of a conquered territory or the laws which regulate private

rights, continue in force during military occupation, except so

far as they are suspended or changed by the acts of the

conqueror. . . . He, nevertheless, has all the powers of a de

facto government, and can at his pleasure either change the

existing laws or make new ones." Dooley v. U.S., 182 U.S. 222

1901

 

     "Look at it practically from another point of view.

Certainly, before revenue laws can be made operative in a

district or country it is essential that the situation be taken

into account, for the purpose of establishing ports of entry,

collection districts, and the necessary [182 U.S. 222, 242]

machinery to enforce them. Of course, it is patent that such

investigations cannot be made prior to acquisition. But, as the

laws immediately extend, without action of Congress, as the

result of acquisition, it must follows that they extend, although

none of the means and instrumentalities for their successful

enforcement can possibly be devised until the acquisition is

completed. This must be, unless it be held that there is power in

the government of the United States to enter a foreign country,

examine its situation, and enact legislation for it before it has

passed under the sovereignty of the United States. From the point

of view of the United States, then, it seems to me that the

doctrine of the immediate placing of the tariff laws outside the

line of newly acquired territory, however extreme may be the

opinion entertained of the doctrine of immediate incorporation,

is inadmissible and in conflict with the Constitution."

Dooley v. U.S., 182 U.S. 222 1901

 

     "The jurisdiction of the conqueror is complete. He may

change the form of government and the laws at his pleasure, and

may exercise every attribute of sovereignty. The conquered

territory becomes a part of the domain of the conqueror, subject

to the right of the nation to which it belonged to recapture it

if they can. By reason of this right to recapture, the title of

the conqueror is not perfect until confirmed by treaty of peace.

But this imperfection in his title is, practically speaking,

important only in case of alienation made by the conqueror before

treaty. If he sells, he sells subject to the right of recapture."

     "But although, for purposes of sale, the title of the

conqueror is imperfect before cession, for purposes of government

and jurisdiction his title is perfect before cession. As long as

he retains possession he is sovereign; and not the less sovereign

because his sovereignty may not endure for ever. [50 U.S. 603,

608] Grotius (ch. 6, book 3,  4), speaking of the right to things

taken in war, says that land is reputed lost which is so secured

 

by fortifications that without their being forced it cannot be

repossessed by the first owner. And in ch. 8, book 3, treating of

empire over the conquered, he shows that sovereignty may be

acquired by conquest." Fleming v. Page, 50 U.S. 603 1850

 

     "1st. That, by conquest and firm military occupation of a

portion of an enemy's country, the sovereignty of the nation to

which the conquered territory belongs is subverted, and the

sovereignty of the conqueror is substituted in its place."

     "2d. That although this sovereignty, until cession by

treaty, is subject to be ousted by the enemy, and therefore does

not give an indefeasible title for purposes of alienation, yet

while it exists it is supreme, and confers jurisdiction without

limit over the conquered territory, and the right to allegiance

in return for protection."  Fleming v. Page, 50 U.S. 603 1850

 

     "It cannot be denied that these principles, established by

the common consent of the civilized world, must govern the title

to conquests made by the United States. As one of the family of

nations, they are bound by the law of nations, and the nature and

effect of their acquisitions by conquest must be defined and

regulated by that law."  Fleming v. Page, 50 U.S. 603 1850

 

     "The messages of the President to Congress during the war,

and the instructions from the heads of departments, contain

authoritative declarations as to the right of the United States

to acquire foreign territory by conquest, and as to the effect of

such conquest upon the sovereignty of the conquered territory, in

accordance with the principles above stated. Thus, the President,

in his message of December, 1846, says:- 'By the law of nations a

conquered territory is subject to be governed by the conqueror

during his military possession, and until there is either a

treaty of peace or he shall voluntarily withdraw from it. The old

civil government being necessarily superseded, it is the right

and duty of the conqueror to secure his conquest, and to provide

for the maintenance of civil order and the rights of the

inhabitants. This right has been exercised and this duty

performed by our military and naval commanders, by the

establishment of temporary governments in some of the conquered

provinces in Mexico, assimilating them as far as practicable to

the free institutions of our own country."  Fleming v. Page, 50

U.S. 603 1850

 

     "A war, therefore, declared by Congress, can never be

presumed to be waged for the purpose of conquest or the

acquisition of territory; nor does the law declaring the war

imply an authority to the President to enlarge the limits of the

United States by subjugating the enemy's country. The United

States, it is true, may extend its boundaries by conquest or

treaty, and [50 U.S. 603, 615] may demand the cession of

territory as the condition of peace, in order to indemnify its

citizens for the injuries they have suffered, or to reimburse the

government for the expenses of the war. But this can be done only

by the treaty-making power or the legislative authority, and is

not a part of the power conferred upon the President by the

 

declaration of war. His duty and his power are purely military.

As commander-in-chief, he is authorized to direct the movements

of the naval and military forces placed by law at his command,

and to employ them in the manner he may deem most effectual to

harass and conquer and subdue the enemy. He may invade the

hostile country, and subject it to the sovereignty and authority

of the United States. But his conquests do not enlarge the

boundaries of this Union, nor extend the operation of our

institutions and laws beyond the limits before assigned to them

by the legislative power." Fleming v. Page, 50 U.S. 603 1850

 

     "The theory that a country remains foreign with respect to

the tariff laws until Congress has acted by embracing it within

the customs union presupposes that a country may be domestic for

one purpose and foreign for another. It may undoubtedly become

necessary for the adequate administration of a domestic territory

to pass a special act providing the proper machinery and

officers, as the President would have no authority, except under

the war power, to administer it himself; but no act is necessary

to make it domestic territory if once it has been ceded to the

United States. . . . This theory also presupposes that territory

may be held indefinitely by the United States; that it may be

treated in every particular, except for tariff purposes, as

domestic territory; that laws may be enacted and enforced by

officers of the United States sent there for that purpose; that

insurrections [183 U.S. 176, 179] may be suppressed, wars carried

on, revenues collected, taxes imposed; in short, that everything

may be done which a government can do within its own boundaries,

and yet that the territory may still remain a foreign country.

That this state of things may continue for years, for a century

even, but that, until Congress enacts otherwise, it still remains

a foreign country. To hold that this can be done as matter of law

we deem to be pure judicial legislation. We find no warrant for

it in the Constitution or in the powers conferred upon this

court. It is true the non action of Congress may occasion a

temporary inconvenience; but it does not follow that courts of

justice are authorized to remedy it by inverting the ordinary

meaning of words."  The Diamond Rings, 183 U.S. 176 1901

 

     "Footnotes: Resolved by the Senate and House of

Representatives of the United States of America in Congress

assembled, That by the ratification of the treaty of peace with

Spain it is not intended to incorporate the inhabitants of the

Philippine islands into citizenship of the United States, nor is

it intended to permanently annex said islands as an integral part

of the territory of the United States; but it is the intention of

the United States to establish on said islands a government

suitable to the wants and conditions of the inhabitants of said

island  to prepare them for local self-government, and in due

time to make such disposition of said islands as will best

promote the interests of the United States and the inhabitants of

said islands." Cong. Rec., 55th Cong. 3d Sess. vol. 32, p. 1847.

 

The Diamond Rings, 183 U.S. 176 1901

 

 

 

Footnote #11

 

 

James Montgomery

C/O 100 Bridlewood Rd.

High Point North Carolina

 

August 27, 1995

 

 

 

 

Dear Sheriff ....,

 

     I just want to say at the outset that your reputation

precedes you.  Those that live in ....... County are fortunate,

because your method of fighting crime works, and will restore the

public's trust in local law enforcement.

     As a matter of introduction I am a former United States

Marine, and I am a Christian.  My friend Bill is delivering this

letter; you have already talked to him about this information. I

want you to keep one thing in mind, YOU have the ability to

understand the information in this letter.  YOU have the ability

to understand the present law and past law, the Constitution.

That's right!...I'm saying the Constitution is past tense, as a

restrictive document on Congress.  I do not make this statement

lightly and I can prove it.  The Constitution was a commercial

compact between states, giving the federal government limited

powers.  The Bill of Rights was meant not as our source of

rights, but as further limitations on the federal government.

Our fore-fathers saw the potential for danger in the U. S.

Constitution.  To insure the Constitution was not presumed to be

our source of rights, the 10th Amendment was added.  I will use a

quote from Thomas Jefferson, February 15, 1791, where he quotes

the 10th Amendment...

 

     "I consider the foundation of the Constitution as laid on

this ground; That "all powers not delegated to the United States,

by the Constitution, nor prohibited by it to the States, are

reserved to the States or to the people."

     To take a single step beyond the boundaries thus specially

drawn around the powers of Congress, is to take possession of a

boundless field of power, no longer susceptible of any

definition." 

     The created United States government cannot define the

rights of their creator, the American people.

     Three forms of law were granted to the Constitution, common

law, equity (contract law) and Admiralty law.  Each had their own

jurisdiction and purpose.  The first issue I want to cover is the

United States flag.  Obviously from known history our flag did

not have a yellow fringe bordering three sides.  The United

States did not start putting flags with a yellow fringe on them

in government buildings and public buildings until the 1900's.

Of course the question you would ask yourself; why did it change

and are there any legal meanings behind this?  Oh yes!

     First the appearance of our flag is defined in Title 4 sec.

1. U.S.C..

 

     "The flag of the United States shall be thirteen horizontal

stripes, alternate red and white; and the union of the flag shall

be forty-eight stars, white in a blue field."  (my note - of

course when new states are admitted new stars are added.)

     A foot note was added on page 1113 of the same section which

says: "Placing of fringe on the national flag, the dimensions of

the flag, and arrangement of the stars are matters of detail not

controlled by statute, but within the discretion of the President

as commander-in-chief of the army and navy." 1925, 34

 

Op.Atty.Gen. 483.

 

     The president as military commander can add a yellow fringe

to our flag.  When would this be done?  During time of war.  Why?

A flag with a fringe is an ensign, a military flag.  Read the

following.

 

     "Pursuant to U.S.C. Chapter 1, 2, and 3; Executive Order No.

10834, August 21, 1959, 24 F.R. 6865, a military flag is a flag

that resembles the regular flag of the United States, except that

it has a YELLOW FRINGE, bordered on three sides.  The President

of the United states designates this deviation from the regular

flag, by executive order, and in his capacity as COMMANDER-IN-

CHIEF of the Armed forces."

 

     From the National Encyclopedia, Volume 4:

    

     "Flag, an emblem of a nation; usually made of cloth and

flown from a staff.  From a military standpoint flags are of two

general classes, those flown from stationary masts over army

posts, and those carried by troops in formation.  The former are

referred to by the general name flags.  The latter are called

colors when carried by dismounted troops.  Colors and Standards

are more nearly square than flags and are made of silk with a

knotted Fringe of Yellow on three sides...use of the flag.  The

most general and appropriate use of the flag is as a symbol of

authority and power."

 

     The reason I started with the Flag issue is because it is so

easy to grasp.  The main problem I have with the yellow fringe is

that by its use our Constitutional Republic is no more.  Our

system of law was changed without the public's knowledge.  It was

kept secret, this is fraud, the American people were allowed to

believe this was just a decoration.  Because the law changed from

Common Law (God's Law) to Admiralty Law (the kings law) your

status also changed from sovereign to subject.  From being able

to own property (allodial title) to not owning property (tenet on

the land).  If you think you own your property, stop paying

taxes, it will be taken under the prize law. 

 

     "The ultimate ownership of all property is in the state;

individual so-called `ownership' is only by virtue of government,

i.e., law, amounting to a mere user; and use must be in

accordance with law and subordinate to the necessities of the

State." Senate Document No. 43, "Contracts payable in Gold"

written in 1933.

 

     By our allowing to let these military flags fly, the

American people have admitted our defeat and loss of status.

Read on, you'll see what I mean.  Remember the Constitution

recognizes three forms of law, being governed by the Law of the

Flag is Admiralty law.  I will cover this in a minute, the

following is a definition of the legal term Law of the Flag.

 

     "...The agency of the master is devolved upon him by the law

of the flag.  The same law that confers his authority ascertains

its limits, and the flag at the mast-head is notice to all the

world of the extent of such power to bind the owners or

freighters by his act.  The foreigner who deals with this agent

has notice of that law, and, if he be bound by it, there is not

injustice.  His notice is the national flag which is hoisted on

every sea and under which the master sails into every port, and

 

every circumstance that connects him with the vessel isolates

that vessel in the eyes of the world, and demonstrates his

relation to the owners and freighters as their agent for a

specific purpose and with power well defined under the national

maritime law." Bouvier's Law Dictionary, 1914.

 

     Don't be thrown by the fact they are talking about the sea,

and that it doesn't apply to land, I will prove to you that

Admiralty law has come on land.  Next a court case:

 

     "Pursuant to the "Law of the Flag", a military flag does

result in jurisdictional implication when flown.  The Plaintiff

cites the following: "Under what is called international law, the

law of the flag, a shipowner who sends his vessel into a foreign

port gives notice by his flag to all who enter into contracts

with the shipmaster that he intends the law of the flag to

regulate those contracts with the shipmaster that he either

submit to its operation or not contract with him or his agent at

all." Ruhstrat v. People, 57 N.E. 41, 45, 185 ILL. 133, 49 LRA

181, 76 AM.

 

     This is the legality I spoke of.  When you walk into a court

and see this flag you are put on notice that you are in a

Admiralty Court and that the king is in control.  Also, if there

is a king the people are no longer sovereign.  You're probably

saying this is the most incredible thing I have ever heard. YOU

have read the proof, it will stand up in court.

     But wait there is more, you probably would say, how could

this happen?  Here's how.  Admiralty law is for the sea, maritime

law govern's contracts between parties that trade over the sea.

Well, that's what our fore-fathers intended.  However, in 1845

Congress passed an act saying Admiralty law could come on land.

The bill may be traced in Cong. Globe, 28th Cong., 2d. Sess. 43,

320, 328, 337, 345 (1844-45), no opposition to the Act is

reported.  Congress held a committee on this subject in 1850 and

they said:

 

     "The committee also alluded to "the great force" of "the

great constitutional question as to the power of Congress to

extend maritime jurisdiction beyond the ground occupied by it at

the adoption of the Constitution...." Ibid. H.R. Rep. No. 72 31st

Cong., 1st Sess. 2 (1850)

 

     It was up to the Supreme Court to stop Congress and say NO!

The Constitution did not give you that power, nor was it

intended.  But no, the courts began a long train of abuses, here

are some excerpts from a few court cases.

 

     "This power is as extensive upon land as upon water.  The

Constitution makes no distinction in that respect.  And if the

admiralty jurisdiction, in matters of contract and tort which the

courts of the United States may lawfully exercise on the high

seas, can be extended to the lakes under the power to regulate

commerce, it can with the same propriety and upon the same

construction, be extended to contracts and torts on land when the

commerce is between different States.  And it may embrace also

the vehicles and persons engaged in carrying it on (my note -

remember what the law of the flag said when you receive benefits

from the king.)  It would be in the power of Congress to confer

 

admiralty jurisdiction upon its courts, over the cars engaged in

transporting passengers or merchandise from one State to another,

and over the persons engaged in conducting them, and deny to the

parties the trial by jury.  Now the judicial power in cases of

admiralty and maritime jurisdiction, has never been supposed to

extend to contracts made on land and to be executed on land.  But

if the power of regulating commerce can be made the foundation of

jurisdiction in its courts, and a new and extended admiralty

jurisdiction beyond its heretofore known and admitted limits, may

be created on water under that authority, the same reason would

justify the same exercise of power on land."  Propeller Genessee

Chief et al. v. Fitzhugh et al. 12 How. 443 (U.S. 1851)

 

     "Next to revenue (taxes) itself, the late extensions of the

jurisdiction of the admiralty are our greatest grievance.  The

American Courts of Admiralty seem to be forming by degrees into a

system that is to overturn our Constitution and to deprive us of

our best inheritance, the laws of the land.  It would be thought

in England a dangerous innovation if the trial, of any matter on

land was given to the admiralty."  Jackson v. Magnolia, 20 How.

296 315, 342 (U.S. 1852)

 

     This began the most dangerous precedent of all the Insular

Cases.  This is where Congress took a boundless field of power.

When legislating for the states, they are bound by the

Constitution, when legislating for their insular possessions they

are not restricted in any way by the Constitution.  Read the

following quote from the Harvard law review:

 

     "These courts, then, are not constitutional courts in which

the judicial power conferred by the Constitution on the general

government can be deposited.  They are incapable of receiving it.

They are legislative courts, created in virtue of the general

right of sovereignty which exists in the government, or in virtue

of that clause which enables Congress to make all needful rules

and regulations respecting the territory belonging to the united

States.  The jurisdiction with which they are invested is not a

part of that judicial power which is conferred in the third

article of the Constitution, but is conferred by Congress in the

execution of those general powers which that body possesses over

the territories of the United States."  Harvard Law Review, Our

New Possessions. page 481.

 

     Here are some Court cases that make it even clearer Mr.

....:

 

     "...[T]he United States may acquire territory by conquest or

by treaty, and may govern it through the exercise of the power of

Congress conferred by Section 3 of Article IV of the Constitu-

 

tion..."

     "In exercising this power, Congress is not subject to the

same constitutional limitations, as when it is legislating for

the United States.  ...And in general the guaranties of the

Constitution, save as they are limitations upon the exercise of

executive and legislative power when exerted for or over our

insular possessions, extend to them only as Congress, in the

exercise of its legislative power over territory belonging to the

United States,  has made those guarantees applicable."  Hooven &

 

Allison & Co. vs Evatt, 324 U.S. 652 (1945)

 

     "The idea prevails with some indeed, it found expression in

arguments at the bar that we have in this country substantially

or practically two national governments;  one to be maintained

under the Constitution, with all its restrictions; the other to

be maintained by Congress outside and independently of that

instrument, by exercising such powers as other nations of the

earth are accustomed to exercise."

     "I take leave to say that if the principles thus announced

should ever receive the sanction of a majority of this court, a

radical and mischievous change in our system of government will

be the result.  We will, in that event, pass from the era of

constitutional liberty guarded and protected by a written

constitution into an era of legislative absolutism."

     "It will be an evil day for American liberty if the theory

of a government outside of the supreme law of the land finds

lodgment in our constitutional jurisprudence.  No higher duty

rests upon this court than to exert its full authority to prevent

all violation of the principles of the constitution."  Downes vs

Bidwell, 182 U.S. 244 (1901)

 

     These actions allowed Admiralty law to come on land.  If you

will remember the definition of the Law of the Flag.  When you

receive benefits or enter into contracts with the king you come

under his law which is Admiralty law.  And what is a result of

your connection with the king?  A loss of your Sovereign status.

Our ignorance of the law is no excuse.  I'll give you an example,

something you deal with everyday.  Let's say you give me a seat

belt ticket.  What law did I violate?  Remember the Constitution

recognizes three forms of law.  Was it common law?  Who was the

injured party?  No one.  So it could not have been common law

even though the State of N. C. has made chapter 20 of the Motor

Vehicle code carry common law penalties, jail time.  This was the

only thing they could do to cover up the jurisdiction they were

operating in.  Was it Equity law?  No, there is no contract in

dispute, driving is a privilege granted by the king.  If it were

a contract the UCC would apply, and it doesn't.  In a contract

both parties have equal rights.  In a privilege, you do as you

are told or the privilege is revoked.  Well guess what, there is

only one form of law left, admiralty.  Ask yourself when did

licenses begin to be required?  1933. 

     All district courts are admiralty courts, see the Judiciary

Act of 1789. 

 

     "It is only with the extent of powers possessed by the

district courts, acting as instance courts of admiralty, we are

dealing.  The Act of 1789 gives the entire constitutional power

to determine "all civil causes of admiralty and maritime

jurisdiction," leaving the courts to ascertain its limits, as

cases may arise." Waring ET AL,. v. Clarke, Howard 5 12 L. ed.

1847

 

     When you enter a court room and come before the judge and

the U.S. flag with the yellow fringe flying, you are put on

notice of the law you are in.  American's aren't aware of this,

so they continue to claim Constitutional rights.  In the

Admiralty setting the constitution does not apply and the judge,

 

if pushed, will inform you of this by placing you under contempt

for continuing to bring it up.  If the judge is pressed, his name

for this hidden law is statutory law.  Where are the rules and

regulations for statutory law kept?  They don't exist. If

statuary law existed, there would be rules and regulations

governing it's procedures and court rules.  They do not exist!!! 

     The way you know this is Admiralty, is from the yellow

fringed flag and from the actions of the law, compelled

performance (Admiralty).  The judges can still move at common law

(murder etc.) and equity (contract disputes etc.).  It's up to

the type of case brought before the court.  If the case is

Admiralty, the only way back to the common law is the saving to

suitor clause and action under Admiralty.  The court and rules of

all three jurisdictions have been blended.  Under Admiralty you

are compelled to perform under the agreement you made by asking

and receiving the king's government (license).  You receive the

benefit of driving on federal roads (military roads), so you have

voluntarily obligated yourself to this system of law, this is why

you are compelled to obey.  If you don't it will cost you money

or jail time or both.  The type of offense determines the

jurisdiction you come under, but the court itself is an Admiralty

court, defined by the flag.  Driving without a seat belt under

Chapter 20 DMV code carries a criminal penalty for a non common

law offense. Again where is the injured party or parties, this is

Admiralty law.  Here is a quote to prove what I said about the

roads being military, this is only one benefit, there are many:

 

     "Whilst deeply convinced of these truths, I yet consider it

clear that under the war-making power Congress may appropriate

money toward the construction of a military road when this is

absolutely necessary for the defense of any State or Territory of

the Union against foreign invasion.  Under the Constitution

Congress has power "to declare war," "to raise and support

armies," "to provide and maintain a navy," and to call forth the

militia to "repel invasions."  Thus endowed, in an ample manner,

with the war-making power, the corresponding duty is required

that "the United States shall protect each of them [the States]

against invasion."  Now, how is it possible to afford this

protection to California and our Pacific possessions except by

means of a military road through the Territories of the United

States, over which men and munitions of war may be speedily

transported from the Atlantic States to meet and to repel the

invader?....Besides, the Government, ever since its origin, has

been in the constant practice of constructing military roads."

Inaugural Address of James Buchanan, March 4, 1857,..Messages and

Papers of the Presidents, 1789-1902.

 

     I want to briefly mention the Social Security Act, the nexus

Agreement you have with the king.  You were told the SS# was for

retirement and you had to have it to work.  It sounds like a

license to me, and it is, it is a license granted by the

President to work in this country, under the Trading with the

Enemy Act, as amended in March 9, 1933, as you will see in a

 

moment.  Was it really for your retirement?  What does F.I.C.A.

stand for? Federal Insurance Contribution Act. What does

contribution mean at law, not Webster's Dictionary.  This is

where they were able to get you to admit that you were jointly

responsible for the national debt, and you declared that you were

a Fourteenth Amendment citizen, which I won't go into in this

paper or the Erie Railroad v. Tompkins case where common law was

over turned.  Read the following definition to learn what it

means to have a SS# and pay a contribution:

 

     Contribution.   Right of one who has discharged a common

liability to recover of another also liable, the aliquot portion

which he ought to pay or bear.  Under principle of

"contribution," a tort-feasor against whom a judgement is

rendered is entitled to recover proportional shares of judgement

from other joint tort-feasor whose negligence contributed to the

injury and who were also liable to the plaintiff. (foot note *

tort feasor means wrong doer, what did you do to be defined as a

wrong doer???)  The share of a loss payable by an insure when

contracts with two or more insurers cover the same loss.  The

insurer's share of a loss under a coinsurance or similar

provision.  The sharing of a loss or payment among several.  The

act of any one or several of a number of co-debtors, co-sureties,

etc., in reimbursing one of their number who has paid the whole

debt or suffered the whole liability, each to the extent of his

proportionate share. (Blacks Law Dictionary 6th ed.)

 

     Guess what?  It gets worse.  What does this date 1933 mean?

Well you better sit down.  First, remember World War I, in 1917

President Wilson declared the War Powers Act of October 6, 1917,

basically stating that he was stopping all trade with the enemy

except for those he granted a license, excluding Americans.  Read

the following from this Trading with the enemy Act, where he

defines enemy:

 

     In the War Powers Act of 1917, Chapter 106, Section 2 (c) it

says that these declared war powers did not affect citizens of

the United States:

 

     "Such other individuals, or body or class of individuals, as

may be natives, citizens, or subjects of any nation with which

the United States is at war, OTHER THAN CITIZENS OF THE UNITED

STATES, wherever resident or wherever doing business, as the

President, if he shall find the safety of the United States of

the successful prosecution of the war shall so require, may, by

proclamation, include within the term "enemy.""

 

     Now, this leads us up to 1933.  Our country was recovering

from a depression and now was declared bankrupt.  I know you are

saying.  Do What, the American people were never told about this?

Public policy and National Security overruled the public right to

know.  Read the following Congressional quote:

    

     "My investigation convinced me that during the last quarter

of a century the average production of gold has been falling off

considerably.  The gold mines of the world are practically

exhausted.  There is only about $11,000,000,000 in gold in the

world, with the United States owning a little more than four

 

billions.  We have more than $100,000,000,000 in debts payable in

gold of the present weight and fineness....As a practical

proposition these contracts cannot be collected in gold for the

obvious reason that the gold supply of the entire world is not

sufficient to make payment." Congressional Record, Congressman

Dies March 15, 1933

 

     Before 1933 all contracts with the government were payable

in gold.  Now I ask you?  Who in their right mind would enter

into contracts totaling One Hundred billion dollars in gold, when

there was only eleven billion in gold in the whole world, we had

about four billion.  To keep from being hung by the American

public they obeyed the banksters demands and turned over our

country to them.  They never came out and said we were in

bankruptcy but, the fact remains, we are.  In 1933 the gold of

the whole country had to be turned in to the banksters, and all

government contracts in gold were canceled.  This is bankruptcy. 

 

     "Mr. Speaker, we are here now in chapter 11.  Members of

Congress are official trustees presiding over the greatest

reorganization of any bankrupt entity in world history, the U.S.

government." Congressman Traficant on the House floor, March 17,

"1993"

 

     The wealth of the nation including our land was turned over

to the banksters.  In return, the nations 100 billion dollar debt

was forgiven. 

     I have two papers that have circulated the country on this

subject.  Remember Jesus said "money is the root of all evil"

The Congress of 1933 sold every American into slavery to protect

their asses.  Read the following Congressional quotes:

 

     "I want to show you where the people are being imposed upon

by reason of the delegation of this tremendous power.  I invite

your attention to the fact that section 16 of the Federal Reserve

Act provides that whenever the Government of the United States

issues and delivers money, Federal Reserve notes, which are based

on the credit of the Nation--they represent a mortgage upon your

home and my home, and upon all the property of all the people of

the Nation--to the Federal Reserve agent, an interest charge

shall be collected for the Government."  Congressional Record,

Congressman Patman March 13, 1933

     "That is the equity of what we are about to do.  Yes; you

are going to close us down.  Yes; you have already closed us

down, and have been doing it long before this year.  Our

President says that for 3 years we have been on the way to

bankruptcy.  We have been on the way to bankruptcy longer than 3

years.  We have been on the way to bankruptcy ever since we began

to allow the financial mastery of this country gradually to get

into the hands of a little clique that has held it right up until

they would send us to the grave."  Congressional Record,

Congressman Long March 11, 1933

 

     What did Roosevelt do?  Sealed our fate and our childrens

fate, but worst of all, he declared War on the American People,

remember the War Powers Act, the Trading with the enemy Act.  He

declared emergency powers with his authority being the War Powers

Act, the Trading with the enemy Act.  The problem is he redefined

 

who the enemy was, read the following: (remember what I said

about the SS# being a license to work)

 

     "The declared National Emergency of March 9, 1933 amended

the War Powers Act to include the American People as enemies:

 

     "In Title 1, Section 1 it says: The actions, regulations,

rules, licenses, orders and proclamations heretofore or hereafter

taken, promulgated, made, or issued by the President of the

United States or the Secretary of the Treasury since March 4,

1933, pursuant to the authority conferred by subdivision (b) of

section 5 of the Act of October 6, 1917, as amended, are hereby

approved and confirmed."

     "Section 2. Subdivision (b) of section 5 of the Act of

October 6, 1917, (40 Stat. L. 411), as amended, is hereby amended

to read as follows: emergency declared by the President, the

President may, through any agency that he may designate, or

otherwise, investigate, regulate, or prohibit, under such rules

and regulations as he may prescribe, by means of licenses or

otherwise, any transactions in foreign exchange, transfers of

credit between or payments by banking institutions as defined by

the President, and export, hoarding, melting, or earmarking of

gold or silver coin or bullion or currency, BY ANY PERSON WITHIN

THE UNITED STATES OR ANY PLACE SUBJECT TO THE JURISDICTION

THEREOF."

 

     Here is the legal phrase subject to the jurisdiction

thereof, but at law this refers to alien enemy and also applies

to Fourteenth Amendment citizens: 

 

     "As these words are used in the first section of the

Fourteenth Amendment of the Federal Constitution, providing for

the citizenship of all persons born or naturalized in the United

States and subject to the jurisdiction thereof, the purpose would

appear to have been to exclude by the fewest words (besides

children of members of the Indian tribes, standing in a peculiar

relation to the National Government, unknown to the common Law),

the two classes of cases, children born of *ALIEN

ENEMIES(emphasis mine), in hostile occupation, and children of

diplomatic representatives of a foreign state, both of which, by

the law of England and by our own law, from the time of the first

settlement of the English colonies in America, had been

recognized exceptions to the fundamental rule of citizenship by

birth within the country." United States v Wong Kim Ark, 169 US

649, 682, 42 L Ed 890, 902, 18 S Ct 456. Ballentine's Law

Dictionary

 

Congressman Beck had this to say about the War Powers Act:

 

     "I think of all the damnable heresies that have ever been

suggested in connection with the Constitution, the doctrine of

emergency is the worst.  It means that when Congress declares an

emergency there is no Constitution.  This means its death....But

the Constitution of the United States, as a restraining influence

in keeping the federal government within the carefully prescribed

channels of power, is moribund, if not dead.  We are witnessing

its death-agonies, for when this bill becomes a law, if unhappily

it becomes law, there is no longer any workable Constitution to

keep the Congress within the limits of its constitutional

powers."  (Congressman James Beck in Congressional Record 1933)

 

 

     The following are excerpts from the Senate Report, 93rd

Congress, November 19, 1973, Special Committee On The Termination

Of The National Emergency United States Senate.  They were going

to terminate all emergency powers, but they found out they did

not have the power to do this so guess which one stayed in, the

Emergency Act of 1933, the Trading with the Enemy Act October 6,

1917 as amended in March 9, 1933.

 

     "Since March 9, 1933, the United States has been in a state

of declared national emergency....Under the powers delegated by

these statutes, the President may: seize property; organize and

control the means of production; seize commodities; assign

military forces abroad; institute martial law; seize and control

all transportation and communication; regulate the operation of

private enterprise; restrict travel; and, in a plethora of

particular ways, control the lives of all American citizens."

     "A majority of the people of the United States have lived

all of their lives under emergency rule.  For 40 years, freedoms

and governmental procedures guaranteed by the Constitution have,

in varying degrees, been abridged by laws brought into force by

states of national emergency....from, at least, the Civil War in

important ways shaped the present phenomenon of a permanent state

of national emergency." Senate Report, 93rd Congress, November

19, 1973

 

     You may be asking yourself is this the law, and if so where

is it, read the following:

 

     In Title 12 U.S.C, in section 95b you'll find the following

codification of the Emergency War Powers:

 

     "The actions, regulations, rules, licenses, orders and

proclamations heretofore or hereafter taken, promulgated, made,

or issued by the President of the United States or the Secretary

of the Treasury since March 4, 1933, pursuant to the authority

conferred by subsection (b) of section 5 of the Act of October 6,

1917, as amended (12 U.S.C., 95a), are hereby approved and

confirmed."  (March 9, 1933, c. 1, Title 1, 1, 48 Stat. 1)

 

     So you can further understand the word Alien Enemy and what

it means to be declared an enemy of this government, read the

following definitions:

 

     The phrase Alien Enemy is defined in Bouvier's Law

Dictionary as: One who owes allegiance to the adverse

belligerent. 1 Kent 73.

     He who owes a temporary but not a permanent allegiance is an

alien enemy in respect to acts done during such temporary

allegiance only; and when his allegiance terminates, his hostile

character terminates also; 1 B. & P. 163.

     Alien enemies are said to have no rights, no privileges,

unless by the king's special favor, during time of war; 1 Bla.

Com. 372; Bynkershoek 195; 8 Term 166. [Remember we've been under

a declared state of war since October 6, 1917, as amended March

9, 1933 to include every United States citizen.]

 

     "The phrase Alien Enemy is defined in Words and Phrases as:

Residence of person in territory of nation at war with United

States was sufficient to characterize him as "alien enemy" within

Trading with the Enemy Act, even if he had acquired and retained

American citizenship." Matarrese v. Matarrese, 59 A.2d 262, 265,

 

142 N.J. Eq. 226.

     "Residence or doing business in a hostile territory is the

test of an "alien enemy: within meaning of Trading with the Enemy

Act and Executive Orders thereunder."  Executive Order March 11,

1942, No. 9095, as amended, 50 U.S.C.A. Appendix 6; Trading with

the Enemy Act 5 (b). In re Oneida Nat. Bank & Trust Co. of Utica,

53 N.Y.S. 2d. 416, 420, 421, 183 Misc. 374.

     "By the modern phrase, a man who resides under the

allegiance and protection of a hostile state for commercial

purposes is to be considered to all civil purposes as much an

`alien enemy' as if he were born there."  Hutchinson v. Brock, 11

Mass. 119, 122.

 

     Am I done with the proof?  Not quite, believe it or not it

gets worse.  I have established that war has been declared

against the American people and their children.  The American

people that voted for the 1933 government were responsible for

Congress' actions, because Congress was there in their proxy.

What is one of the actions taken against an enemy during time of

War.  In the Constitution the Congress was granted the power

during the time of war to grant Letters of Marque.  What is a

letter of Marque?  Well, read the following:

 

     A commission granted by the government to a private

individual, to take the property of a foreign state, as a

reparation for an injury committed by such state, its citizens or

subjects.  The prizes so captured are divided between the owners

of the privateer, the captain, and the crew.  Bouvier's Law

Dictionary 1914.

 

     Think about the mission of the IRS, they are a private

organization, or their backup, the ATF.  These groups have been

granted letters of Marque, read the following:

 

     "The trading with the enemy Act, originally and as amended,

in strictly a war measure, and finds its sanction in the

provision empowering Congress "to declare war, grant letters of

Marque and reprisal, and make rules concerning captures on land

and water."   Stoehr v. Wallace 255 U.S.

 

     Under the Constitution the Power of the Government had its

checks and balances, power was divided between the three branches

of government.  To do anything else means you no longer have a

Constitutional government.  I'm not even talking about the

obvious which we have already covered, read the following:

 

     "The Secretary of the Treasury and/or the Attorney General

may require, by means of regulations, rulings, instructions, or

otherwise, any person to keep a full record of, and to furnish

under oath, in the form of reports or otherwise, from time to

time and at any time or times, complete information relative to,

any transaction referred to in section 5 (b) of the Act of

October 6, 1917."  Title 12 Banks and Banking page 570.

 

     How about Clinton's new Executive Order of June 6, 1994

where the Alphabet agencies are granted their own power to obtain

money and the military if need be to protect themselves.  These

are un-elected officials, sounds un-Constitutional to me, but

read on.

 

     "The delegations of authority in this Order shall not affect

the authority of any agency or official pursuant to any other

delegation of presidential authority, presently in effect or

 

hereafter made, under section 5 (b) of the act of October 6,

1917, as amended (12 U.S.C. 95a)"

 

     How can the President delegate to un-elected officials power

that he was elected to have, and declare that it cannot be taken

away, by the voters or the courts or Congress?  I tell you how

under martial law, under the War Powers Act.  The American public

is asleep and is unaware nor do they care about what is going on,

because it may interfere with their making money.  I guess Thomas

Jefferson was right again:

 

     "...And to preserve their independence, we must not let our

rulers load us with perpetual debt.  We must make our election

between economy and liberty or profusion and servitude.  If we

run into such debts as that we must be taxed in our meat and in

our drink, in our necessaries and our comforts, in our labors and

our amusements, for our callings and our creeds, as the people of

England are, our people, like them, must come to labor sixteen

hours in the twenty-four, and give the earnings of fifteen of

these to the government for their debts and daily expenses; and

the sixteenth being insufficient to afford us bread, we must

live, as they now do, on oatmeal and potatoes; have not time to

think, no means of calling the mismanager's to account; but be

glad to obtain subsistence by hiring ourselves to rivet their

chains on the necks of our fellow sufferers..."

(Thomas Jefferson) THE MAKING OF AMERICA, p. 395

 

     Submitted January 28

     "Lloyd Bentsen, of Texas, to be U.S. Governor of the

International Monetary Fund for a term of 5 years; U.S. Governor

of the International Bank for Reconstruction and Development for

a term of 5 years; U.S. Governor of the Inter-American

Development Bank for a term of 5 years; U.S. Governor of the

African Development Bank for a term of 5 years; U.S. Governor of

the Asian Development Bank; U.S. Governor of African Development

Fund; and U.S. Governor of the European Bank for Reconstruction

and Development." Presidential Documents, February 1, 1993.

 

     At the same time, Bentsen was the Secretary of Treasury.

Gee I don't know, this sounds like a conflict of entrust to me,

how about you?  Also the Congress is the only one under the

Constitution to be able to appropriate money. 

 

     "Without limitation as to any other powers or authority of

the Secretary of the Treasury or the Attorney General under any

other provision of this Order, the Secretary of the Treasury is

authorized and empowered to prescribe from time to time

regulations, rulings, and instructions to carry out the purposes

of this Order and to provide therein or otherwise the conditions

under which licenses may be granted by or through such officers

or agencies as the Secretary of the Treasury may designate, and

the decision of the Secretary with respect to the granting,

denial or other disposition of an application or license shall be

final." Section 7, Title 12 U.S.C. Banks and Banking

 

     How about a few months ago when Secretary of Treasury Ruban

sent tons of money to Mexico, without Congress' approval.  Do the

issues I have brought up sound like this is a Constitutional

 

government to you?  I have not covered the main nexus, the money.

If you would like to read about this, read my other papers, The

History of Lawful Money and A Country Defeated In Victory.

Sheriff .... I am one man fighting a giant with a fly swatter

(the pen).  If you are bold enough to jerk the flags with a

fringe on them out and put back the U. S. flag, just make sure

you protect you backside.  Before you do this, make sure your

constituents in your county are made aware of this information.

Because if you do this you will find the whole U.S. government

against you and for sure they will cut off all money to your

county in the short term, and in the long term, do whatever is

necessary to remove you.  I didn't make this information up, it

is the government's own documents and legal definitions taken

from their dictionaries.  I wish the hard working Americans in

the government that are loyal to an American Republic could read

this, the more that know the truth the better.

 

 

 

James Franklin Montgomery

 

 

 

Footnote #12

 

 

     "When the 39th Congress assembled on December 5, 1865, the

Senators and Representatives from the 25 northern States voted to

deny seats in both Houses of Congress to anyone elected from the

11 southern States. The full complement of Senators from the 36

States of the Union was 72, and the full membership in the House

was 240. Since it requires only a majority vote (see Article I,

Section 5, Constitution of the United States) to refuse a seat in

Congress, only the 50 Senators and 182 Congressmen from the North

were seated. All of the 22 Senators and 58 Representatives from

the southern States were denied seats."

     "Joint Resolution No. 48, proposing the  Fourteenth

Amendment, was a matter of great concern to the Congress and to

the people of the Nation. In order to have this proposed

Amendment submitted to the 36 States for ratification, it was

necessary that two thirds of each house concur. A count of noses

showed that only 33 Senators were favorable to the measure, and

33 was a far cry from two thirds of 72 and lacked one of being

two thirds of the 50 seated Senators."

     "While it requires only a majority of votes to refuse a seat

to a Senator, it requires a two thirds majority to unseat a

member once he is seated. (see Article I, Section 5, Constitution

of the United States."

     "One John P. Stockton was seated on December 5, 1865, as one

of the Senators from New Jersey. He was outspoken in his

opposition to Joint Resolution No. 48 proposing the Fourteenth

Amendment.  The leadership in the Senate, not having control of

two ;thirds of the seated Senators, voted to refuse to seat  Mr.

Stockton  upon the ground that he had received only a plurality

and not a majority of the votes of the New Jersey legislature. It

was the law of New Jersey, and several other States, that a

plurality vote was sufficient for election. Besides, the Senator

had already been seated. Nevertheless, his seat was -refused- and

the 33 favorable votes thus became the required two thirds of the

49 members of the Senate."

     "In the House of Representatives it would require 122 votes

 

to be two thirds of the 182 ;members seated. Only 120 voted for

the proposed Amendment, but because there were 30 abstentions it

was declared to have been passed by a two thirds vote of the

House." Dyett v. Turner 439 p2d 266 @ 269, 20 U2d 403

 

 

 

Footnote #13

 

 

James Franklin Montgomery

C/O 100 Bridlewood Rd.

High Point North Carolina state

 

 

District Attorney

RANDY LYON

County of Wilkes

State of North Carolina

 

 

 

              ACCEPTANCE REFUSED FOR CAUSE, WITHOUT DISHONOR

 

To whom it may concern,

 

     I James Franklin Montgomery, do hereby make this ACCEPTANCE

REFUSED FOR CAUSE , WITHOUT DISHONOR OF the Traffic Citation,

7587232-1.

 

                                   CAUSE

 

1. My Declaration of separation as of January 1, 1993, (part of

which is contained in the attached document) was not disputed by

the UNITED STATES or any of its political subdivisions et al,

when presented to them, thereby denying any STATE of the UNION to

use its Mala Prohibita statutes to claim dominion over James

Franklin Montgomery  James Franklin Montgomery is not one in

contract with the UNITED STATES or any of the STATES united in

UNION carrying the misnomer of JAMES FRANKLIN MONTGOMERY,

corporate fiction, which would then amount to crimes by all

parties in this action of forcible trespass, extortion, peonage,

involuntary servitude and other Title 18 and Title 42 crimes.

Any actions of any party mentioned above or others is now

considered forced peonage and involuntary servitude, which also

includes forced driving license, license or registration of any

kind of property that subverts a right by changing it into a

privilege and charging for it, which subjects those to Title 18

U.S.C. 1581, 1584 and 42 U.S.C. 1994 and other statutes of their

own making that they are bound by their oath to their

constitutions.

 

"...What is peonage?  It may be defined as a status or condition

of compulsory service, based upon the indebtedness of the peon to

the master.  The basal fact is indebtedness....Peonage is

sometimes classified as voluntary or involuntary, but this

implies simply a difference in the mode of origin, but none in

the character of the servitude.  The one exists where the debtor

voluntarily contracts to enter the service of his creditor.  The

other is forced upon the debtor by some provision of law."

Clyatt v. United States 197 U.S. Reports @ page 215

 

2. The First Constitutional Assembly, 7/25/1774, stated

sovereignty reverts to the individual people, also stated in the

North Carolina Constitution of 1776.  James Franklin Montgomery

denies waiving this sovereignty as the Treaty signers had no

right to sell James Franklin Montgomery into peonage making him a

subject of the Crown or citizen of the united States through the

1787 Constitution/ compact/treaty. 

 

     In 1776 North Carolina state declared the inhabitants to be

freeman and;

12. "That no freeman ought to be taken, imprisoned, or disseized

of his freehold, liberties, or privileges, or outlawed or exiled,

or in any manner destroyed, or deprived of his life, liberty or

property, but by the law of the land."  Declaration of Rights

1776

 

 

44. "That the declaration of rights is hereby declared to be part

of the constitution of this state, and ought never to be violated

on any pretence whatsoever."  North Carolina constitution 1776

    

     In the following court case you will see, that in the Paris

Treaty of 1783, the king did not cede to the states or the United

States government Title for this land, he did grant sovereignty

to the states; and left finial determination of the inhabitants

up to the states. The kings Treaty of 1783  made the freeman

status of the inhabitants retroactive from 1776, declared by the

Declaration of Independence and the Declaration of Rights of the

individual states.  In 1787 the states sent representatives to

the Constitutional convention to ratify the new treaty between

the states, otherwise known as the Constitution of the United

States.  Unknown to the inhabitants of the states several things

took place.  The Treaty was an incorporation and created the

United States government; and  incorporated the states creating

the State of....; the Treaty also incorporated the inhabitant.

No longer were they freeman, now they became citizens of the

United States. (The word of means belonging to, see Blacks Law

dictionary.)

    

"Being dissatisfied with the measures of the British Government,

they revolted from it, assumed the government into their own

hands, seized and took possession of all the estates of the King

of Great Britain and his subjects, appropriated them to their own

use, and defended their possessions against the claims of Great

Britain, during a long and bloody war,  and finally obtained a

relinquishment of those claims by the treaty of Paris. But this

State had no title to the territory prior to the title of the

King of Great Britain and his subjects, nor did it ever claim as

lord paramount to them. This State was not the original grantor

to them, nor did they ever hold by any kind of tenure under the

State, or owe it any allegiance or other duties to which an

escheat is annexed. How then can it be said that the lands in

this case naturally result back by a kind of reversion to this

State, to a source from whence it never issued, and from tenants

who never held under it?....At the time of the revolution, and

before the Declaration of Independence, the collective body of

the people had neither right to nor possession of the territory

of this State; it is true some individuals had a right to, and

were in possession of certain portions of it, which they held

under grants from the King of Great Britain; but they did not

hold, nor did any of his subjects hold, under the collective body

of the people, who had no power to grant any part of it. After

the Declaration of Independence and the establishment of the

Constitution, the people may be said first to have taken

possession of this country, at least so much of it as was not

previously appropriated to individuals.....Therefore, whether the

State took by right of conquest or escheat, all the interest

which the U. K. had previous to the Declaration of Independence

still remained with them, on every principle of law and equity,

because they are purchasers for a valuable consideration, and

 

being in possession as cestui que trust under the statute for

transferring uses into possession; and citizens of this State, at

the time of the Declaration of Independence, and at the time of

making the declaration of rights, their interest is secured to

them beyond the reach of any Act of Assembly; neither can it be

affected by any principle arising from the doctrine of escheats,

supposing, what I do not admit, that the State took by escheat."

MARSHALL v. LOVELESS, 1 N.C. 412 (1801), 2 S.A. 70

 

     The general assembly of North Carolina had no authority or

standing to change my legal status from sovereign to a corporate

fiction.  Americans have been defrauded into believing they are

free, because they have freedom of movement within obvious

legislative boundaries; while unknown to them by their in-

corporation, they were again made subjects of the king.  The

below quotes from the 1663 Carolina Charter reveal why the court

stated in Marshall v. Loveless that the corporate States and the

created corporation, United States did not have Title to this

land.

 

     The king retained Title and interest through his original

Charters and managed to see that his Title and Grants/Charters

were preserved in the 1776 North Carolina constitution, read the

following.

 

"And provided further, that nothing herein contained shall affect

The titles or possessions of individuals holding or claiming

under The laws heretofore in force, or grants heretofore made by

the late king George II, or his predecessors, or the late lords

Proprietors, or any of them."  Section 25, Declaration of Rights

1776, North Carolina constitution

 

"SAVING always, the Faith, Allegiance, and Sovereign Dominion due

to us, our heirs and Successors, for the same; and Saving also,

the right, title, and interest of all and every our Subjects of

the English Nation which are now Planted within the Limits bounds

aforesaid, if any be;..." The Carolina Charter, 1663

 

"KNOW YE, that We, of our further grace, certain knowledge, and

mere motion, HAVE thought fit to Erect the same Tract of Ground,

Country, and Island into a Province, and, out of the fullness of

our Royal power and Prerogative, WE Do, for us, our heirs and

Successors, Erect, Incorporate, and Ordain the same into a

province, and do call it the Province of CAROLINA, and so from

henceforth will have it called..." The Carolina Charter 1663

 

     The below court cases make it clear your presence in the

corporate State of....creates legal residence and obligation to

the king.

 

     "Headnote 5. Besides, the treaty of 1783 was declared by an

Act of Assembly of this State passed  in 1787, to be law in this

State, and this State by adopting the Constitution of the United

States in 1789, declared the treaty to be the supreme law of the

land.  The treaty now under consideration was made, on the part

of the United States, by a Congress composed of deputies from

each state, to whom were delegated by the articles of

confederation, expressly, "the sole and exclusive right and power

of entering into treaties and alliances"; and being ratified and

made by them, it became a complete national act, and the act and

 

law of every state....

        "By an act of the Legislature of North Carolina, passed

in April, 1777, it was, among other  things, enacted, "That all

persons, being subjects of this State, and now living therein, or

who  shall hereafter come to live therein, who have traded

immediately to Great Britain or Ireland, within ten years last

past, in their own right, or acted as factors, storekeepers, or

agents here, or in any of the United States of America, for

merchants residing in Great Britain or Ireland, shall take an

oath of abjuration and allegiance, or depart out of the State."

Treaties are the "Law of the Land"  HAMILTON v. EATEN, 1 N.C. 641

(1796), HAMILTON v. EATEN. Ä 2 Mart., 1. U.S. Circuit Court.

(June Term, 1796.)

 

"Our Legislature may define and punish crimes committed within

the State, whether by citizen or strangers; because the former

are supposed to have consented to all laws made by the

Legislature, and the latter, whether their residence be temporary

or permanent, do impliedly agree to yield obedience to all such

laws as long as they remain in the State;" 

STATE v. KNIGHT, 1 N.C. 143 (1799), 2 S.A. 70

 

     My January 1, 1993 declaration which noticed all relevant

parties, including the State of North Carolina, has stood

unchallenged from that time, I chose to depart from the

corporate State, thereby un-incorporating myself, rather than be

apart of a fraudulent system bent on self-destruction, and a

system which enslaves the inhabitants by peonage, using the tools

of debt, taxation and contract..  James Franklin Montgomery has

never intentionally, knowingly or voluntarily, contracted to

create a legal resident/fiction.  Blackstone made it perfectly

clear in his commentaries how this court procedure takes place

under such conditions.  This is why the first thing that is done

in court is the naming of the person/corporation, read the

following.

 

"A suit by or against a corporation in its corporate name may be

presumed to be a suit by or against citizens of the state which

created the corporate body, and no averment or denial to the

contrary is admissible for the purpose of withdrawing the suit

from the jurisdiction of a court of the United States.

     There is the Roman fiction: The court first decides the law,

presumes all The members are citizens of the state which created

the Corporation, and then says, `you shall not traverse that

Presumption'; and that is the law now.....So that when a suit is

to be brought in a court of the United States by or against a

corporation, by reason of the character of the parties, you have

only to say that this corporation after naming it correctly was

created by a law of the state; and that is exactly the same in

its consequences as if you could allege, and did allege, that the

corporation was a citizen of that state.

Blackstone Commentaries Book III, pg 1553

 

 

 

 

 

                      PEONAGE BY FINANCIAL SERVITUDE

                                BANKRUPTCY

 

Congressman Lemke: "....This nation is bankrupt; every State in

this Union is bankrupt; the people of the United States, as a

whole, are bankrupt.  The public and private debts of this

 

Nation, which are evidenced by bonds, mortgages, notes, or other

written instruments about to about $250,000,000,000, and it is

estimated that there is about $50,000,000,000 of which there is

no record, making in all about $300,000,000,000 of public and

private debts.  The total physical cash value of all the property

in the United States is now estimated at about $70,000,000,000.

That is more than it would bring if sold at public auction.  In

this we do not include debts or the evidence of debts, such as

bonds, mortgages, and so fourth.  These are not physical

property.  They will have to be paid out of the physical

property.  How are we going to pay $300,000,000,000 with only

$70,000,000,000?" Congressional Record, March 3, 1934

 

     Congressman Traficant said on the House floor, March 17,

1993 that:

     "Mr. Speaker, we are here now in chapter 11.  Members of

Congress are official trustees presiding over the greatest

reorganization of any bankrupt entity in world history, the U.S.

government."

 

     On March 10, 1933 President Roosevelt ordered that all

Americans had to turn in their Gold, which moved our gold assets

to the Bank of England, as part of the bankruptcy and new

extension of this Nations credit, through Federal Reserve notes

based on the all property of this Nation, and labor of every

American. 

     This was done by Presidential Executive Order, 6073 and the

subsequent Executive Orders, 6102, 6111 and 6260  [these

documents are still publicly attainable in any federal depository

library]

 

     "I want to show you where the people are being imposed upon

by reason of the delegation of this tremendous power.  I invite

your attention to the fact that section 16 of the Federal Reserve

Act provides that whenever the Government of the United States

issues and delivers money, Federal Reserve notes, which are based

on the credit of the Nation--they represent a mortgage upon your

home and my home, and upon all the property of all the people of

the Nation--to the Federal Reserve agent, an interest charge

shall be collected for the Government."  Congressional Record,

Congressman Patman March 13, 1933

 

     "The ultimate ownership of all property is in the state;

individual so-called `ownership' is only by virtue of government,

i.e., law, amounting to a mere user; and use must be in

accordance with law and subordinate to the necessities of the

State." Senate Document No. 43, "Contracts payable in Gold"

written in 1933.

 

     The United States government and its sub-corporations,

States of.....are operating under color of law, under emergency

rule, outside of the United States constitution, as stated in the

following quote from the Senate.  See also, Harvard Law  Review,

insular cases.

 

"Since March 9, 1933, the United States has been in a state of

declared national emergency....Under the powers delegated by

these statutes, the President may: seize property; organize and

control the means of production; seize commodities; assign

military forces abroad; institute martial law; seize and control

all transportation and communication; regulate the operation of

private enterprise; restrict travel; and, in a plethora of

 

particular ways, control the lives of all American citizens."

     "A majority of the people of the United States have lived

all of their lives under emergency rule.  For 40 years, freedoms

and governmental procedures guaranteed by the Constitution have,

in varying degrees, been abridged by laws brought into force by

states of national emergency....from, at least, the Civil War in

important ways shaped the present phenomenon of a permanent state

of national emergency." Senate Report, 93rd Congress, November

19, 1973

 

     The Bankruptcy of 1933 and the taxation which created social

obligation for every American is financial servitude, which is in

violation of United States law Title 18 U.S.C. 1581, 1584 and 42

U.S.C. 1994.  The king has been using the American courts to

recover his loses.  When in the district courts (admiralty

courts) the king is plaintiff, he comes against you in the body

of his corporations, State or federal.  The money demanded from

his incorporated persons/corporations after they are correctly

named, is taxation without representation, a collection of the

kings debt.  Therefore, all parties are not before the court

which denies procedural due process and notification of who the

true plaintiff  is.  The Officer is not the Plaintiff.  The

Plaintiff has not made an affidavit of truth that James Franklin,

Montgomery has committed a crime or civil cause for the court to

gain jurisdiction.  Our courts are based on the English courts

with few exceptions,  the district and tax courts were called

courts of Exchequer. 

 

Exchequer: "In  English Law.  A department of the government

which has  the management of the collection of the king's

revenue."  Bouvier's Law Dictionary 1914 ed.

 

The equity court of the exchequer: "57. The court of equity is

held in the exchequer chamber before the lord treasurer, the

chancellor of the exchequer, the chief baron, and three puisne'

ones.  These Mr. Selden conjectures to have been anciently made

out of such as were barons of the kingdom, or parliamentary

barons; and thence to have derived their name: which conjecture

receives great strength form Bracton's explanation of magna

carta, c.14, which directs that the earls and barons be amerced

by their peers; that is, says he, by the barons of the exchequer.

The primary and original business  of this court is to call the

king's debtors to account, by bill filed by the attorney general;

and to recover any lands, tenements, or hereitaments, any goods,

chattels, or other profits or benefits, belonging to the crown.

So that by their original constitution the jurisdiction of the

courts of common pleas, king's bench, and exchequer, was entirely

separate and distinct; the common pleas being intended to decide

all controversies between subject and subject; the king's bench

to correct all crimes and misdemeanors that amount to a breach of

the peace, the king being then the plaintiff, as such offenses

are in open derogation of the jura regalia (regal rights) of his

crown; and the exchequer to adjust [45] and recover his revenue,

wherein the king also is plaintiff, as the withholding and

nonpayment thereof is an injury to his jura fiscalia (fisical

 

rights). Black Stone Commentaries Book III, pg 1554

 

     The Department of Motor Vehicles was put under the direction

and control of the Revenue Department by the Act of 1933, chapter

214 - S.B 238, thereby the primary concern is that of being

revenue collectors . 

 

"AN ACT TO TRANSFER THE STATE HIGHWAY PATROL FROM THE HIGHWAY

DEPARTMENT  TO THE DEPARTMENT OF REVENUE...."

 

"It is not contrary to justice that . . . America should

contribute towards the discharge of the public debt of Great

Britain. . . . a government to which several of the colonies of

America owe their present charters, and consequently their

present constitution; and to which all the colonies of America

owe the liberty, security, and property which they have ever

since enjoyed. That public debt has been contracted in the

defense, not of Great Britain alone, but of all the different

provinces of the empire; the immense debt contracted in the late

war in particular, and a great part of that contracted in the war

before, were both properly contracted in defense of America. . .

The Wealth of Nations, by Adam Smith, 1776

 

                              Purgatory Oath

 

"An oath by which a person purges or clears himself from

presumptions, charges or suspicions standing against him, or from

a contempt."  Blacks Law Dictionary, 4th ed.

 

     The Acceptance Refused  for Cause, Without Dishonor is to be

considered my Purgatory Oath along with my previous January 1,

1993 declaration, which shows my consistent mind set and

conviction.

 

     Refusal to dispute the above or silent acquiescence within a

ten day period from your receipt of this document will show a

fault and the court on its own recognizance will vitiate the

traffic citation.  Failure to do this will be admissions that the

parties and the court is involved in forcible trespass on the

Case, extortion, via Highway Robbery and forced peonage and

involuntary servitude.

 

     Mark Twain: "...To be loyal to rags, to shout for rags, to

worship rags, to die for rags--that is a loyalty of unreason; it

is pure animal; it belongs to monarchy; was invented by monarchy;

let monarchy keep it.  I was from Connecticut, whose constitution

declared "That all political power is inherent in the people, and

all free governments are founded on their authority and

instituted for their benefit, and that they have at all times an

undeniable and indefensible right to alter their form of

government in such a manner as they think expedient."  Under that

gospel, the citizen who thinks that the Commonwealth's political

clothes are worn out and yet holds his peace and does not agitate

for a new suit, is disloyal; he is a traitor.  That he may be the

only one who thinks he sees this decay does not excuse him; it is

his duty to agitate, anyway, and it is the duty of others to vote

him down if they do not see the matter as he does."

Congressional Record, April 9, 1934

 

Year of Our Lord, April Twenty Fifth, Nineteen Hundred and Ninety

Seven.

 

James Franklin Montgomery

C/O 100 Bridlewood Rd..

High Point North Carolina

 

 

President of the United States,

The Executive Branch,

 

Congress of the United States,

Senate of the United States

 

 

January 1, 1993

 

 

Dear Sirs,

 

 

     A long chain of events in the UNGODLY (federal) United

States government's policies, as evidenced by the statutory laws

it passes and agreements, treaties entered into with foreign

countries has prompted this letter.  Evidence of the God this

government is subject to is in the laws it's representatives

promote and pass.  The United States government no longer abides

by or adheres to God's Laws.1

     Thereby changing the original intent of the Fore-Fathers,

which was to establish a government that would promote commerce,

at the same time protect the inalienable rights of the sovereign

Citizens of the several States and bind the hands of government.

While restricting the powers of government with laws based on the

English common law, which is based on Biblical Law.

     The evidence is over whelming that our Fore-Fathers intended

this country's government to be based on biblical Laws.2....

     ....It was not the intention of the Fore-fathers to give

Congress the exclusive control of the territories, without being

in subjection to the Constitution.  The words in the

fore-mentioned document have been twisted, obscured and maligned

by lawyers, judges, and the special interest of Congress where

applicable to the corporation, this is a conflict of interest,

which has made it possible for the abuse of power and fraud, past

and present.

     Through undue influence and concealment you have created a

title of Nobility for the bankrupt corporation and it's Citizens

giving you unlimited resources to enforce this fraud, via

illiterate and duped citizen subjects who pay for their own

enslavement.

     As a result of your concealment of information from the

American people and through your changing the meaning of the

Constitution of the United States, via lawyers, Supreme Court

Judges who make substantive decisions based on their special

interest and a executive branch controlled by foreign agents

(World Bank), you have enslaved the American people.

 

                     Citing 17 Am Jur 2d 501 on Contracts:

{151}.  Fraud, misrepresentation, or imposition.

     In regard to contracts made by parties affecting their

rights and interests.  The general theory of the law is that

there must be full and free consent.  It is said that if consent

is obtained by meditated imposition or that if consent is

obtained by meditated imposition or circumvention, it is to be

treated as a delusion, and not as a deliberate and free act of

the mind.  Although the law will not generally inquire into men's

acts and contracts to determine whether they are wise and

prudent, yet it will not suffer them to be entrapped by the

fraudulent contrivances or cunning or deceitful management of

those who purposely mislead them.  Fraud is material to a

contract where the contract would not have been made if the fraud

had not been perpetrated...

 

{152}.  Inducing execution of contract by one not knowing its

contents.

     According to the prevailing view, the general rule that

failure to read or have a contract read to a party thereto before

 

signing it precludes him from complaining about its contents does

not apply in the case of fraud or misrepresentation, as where he

is prevented from reading it or having it read to him by some

fraud, trick, artifice, or device by the other party.  If a

person is ignorant of the contents of a written contract and

signs it under a mistaken belief, induced by misrepresentation,

that it is an instrument of a different character, without

negligence on his part, the agreement is void.  This rule may be

brought into play by silence, as where it amounts to a

misrepresentation of what a person is asked to sign by failing to

speak when there is a duty to explain the contents of the

instrument.  However, the decisions are not entirely in accord in

reference to the effect of a contract by which he has been

overreached.  Thus, the question whether one who signs a contract

without reading it is so far concluded that he cannot set up that

his signature was induced by a fraudulent misrepresentation as to

its contents has received varying answers.

 

{153}.  Duress, coercion, intimidation, or threats.

     Freedom of will is essential to the validity of an

agreement.  Where duress is exerted on one of the parties of such

a kind as to overcome his will and compel a formal assent to an

undertaking when he does not really agree to it, and so as to

make that appear to be his act which is not his, but another's

imposed on him through fear which deprives him of self-control,

the agreement is not binding unless the other deals with him in

good faith, in ignorance of the improper influence and in the

belief that the party coerced is not exercising his free will,

and the test is not so much the means by which the party is

compelled to execute the agreement as the state of mind induced..

     Compulsion produced by threats may be sufficient to destroy

free agency and prevent the formation of a binding contract.  To

invalidate an agreement, however, as a general rule a threat must

be of such a nature and made under such circumstances as to

constitute a reasonable and adequate cause to control the will...

 

{155}.  Generally

     ...At no time in the history of the common law have

agreements in violation of law been allowed to stipulate for

iniquity.  The law which prohibits the end will not lend  its aid

in promoting the means designed to carry it into effect.  It will

not promote in one form that which it declares wrong in another,

and hence contracts which bring about results which the law seeks

to prevent are unenforceable...  It may therefore be said to be a

fundamental principle of the law of contracts that a contract

must have a lawful purpose or object, and that transactions in

violation of law cannot be made the foundation of a valid

contract.

 

     The government by becoming a corporator, (See: 22 U.S.C.A.

286e) lays down its sovereignty and takes on that of a private

citizen.  It can exercise no power which is not derived from the

corporate charter. (See: The Bank of the United States vs.

Planters Bank of Georgia, 6 L. Ed. (9 Wheat) 244, U.S. vs. Burr,

309 U.S. 242).

 

     Such principles as "Fraud and Justice never dwell together"

Wingate's Maxims 680, and "A right of action cannot arise out of

fraud." Broom's Maxims 297, 729; 38 Fed. 800.

     The present operation of the "de facto" government is under

Foreign and Alien Constitutions, Laws, Rules and Regulations.

Through treaties and agreements (The U.N. Charter and G.A.T.T.

and others) the United States has forfeited its Sovereignty and

the Sovereignty of the States, making the United States citizen

subject to a foreign Power.  Since the implementation of these

treaties and agreements, entered into as a result of the

privilege of borrowing money from the World Bank, to continue the

operation of the bankrupt United States government, the United

States has been enlisted in collecting the debt for the World

Bank.  This debt has been drastically increased by the use of

fiat money which has no substance, because there is no gold or

silver to back the Federal Reserve Notes.  This unlawful money

has caused thousands of bankruptcies and repossessions,

fraudulently perpetrated by the government of the United States

and the World Bank.  Since 1933 congress and the other

representatives have committed high treason against the people

they are sworn to protect.  Congress and the Executive branch

have sold out the American people for (thirty pieces of silver)

the furtherance of the corporation. 

     Congress and the executive branch have willfully and

purposely auctioned off the assets of the American people.  The

selling off of America's assets was made possible by the

President, in Executive Order 12803 of April 30, 1992, entitled

Infrastructure Privatization.  In the Executive Order you have

defined the title of this treasonous act, which has been done as

a result of the fraud you the government (representatives) have

perpetuated. 

     In section 1. (a) it says "Privatization" means the

disposition or transfer of an infrastructure asset, such as by

sale or by long-term lease, from a State or local government to a

private party.

     In sub-paragraph (b) the Infrastructure Assets are defined.

Obviously the usury the World Bank has been receiving from the

American people (unconscionable citizen subjects) is not enough,

now the World Bank is foreclosing on the United States and wants

the land and the assets to pay the national debt. 

     Here is the definition of sub-paragraph (b)

     "Infrastructure asset" means any asset financed in whole or

in part by the Federal Government and needed for the functioning

of the economy.  Examples of such assets include, but are not

limited to: roads, tunnels, bridges, electricity supply

facilities, mass transit, rail transportation, airports, ports,

waterways, water supply facilities, recycling and wastewater

treatment facilities, solid waste disposal facilities, housing,

schools, prisons, and hospitals." 

     Through the ignorant volunteered compliance of the American

people, as a result of the deceit and fraud of the United States

government (representatives) you have enslaved the American

people. The corporation created this debt through mis-management

and deceit, the corporation (representatives) should be

 

responsible for this debt and it's actions.  Instead it involves

the American people through deceit, trickery, duress, withheld

information and coercion so the corporation (United States) can

continue it's operation which, defrauds the American people in

the most treasonous and treacherous way ever recorded in history.

     The Treasury Delegation Order No. 92 states that the I.R.S.

is trained under direction of the Division of "Human Resources"

(U.N.) and the Commissioner (International), by the "office of

personnel Management." 

     In the 1979 Edition of 22 U.S.C.A. 287, the United Nations,

at pg. 248, you will find Executive order No. 10422.  The Office

of personnel Management is under direction of the Secretary

General of the United Nations. 

     The I.R.S. is also a member in a one hundred fifty nation

pact called the "International Criminal Police Organization",

found at 22 U.S.C.A. 263a. 

     The "Memorandum & Agreement" between the Secretary of

Treasury/Corporate Governor of "The Fund" and "The Bank" and the

office of the U.S. Attorney General would indicate that the

Attorney General and his associates are soliciting and collecting

information for Foreign Principals.  The offices of Secretary of

State, Secretary of Treasury and the Attorney General whereby the

whole of the government has been compromised and the trust of the

United States citizens violated.

     As Robert Bork said "we are governed not by law or elected

representatives but by an unelected, unrepresentative,

unaccountable committee of lawyers applying no will but their

own."

     Because of the bankruptcy of the United States and

international contracts and or agreements interred into, the

common law was replaced by the Uniform Commercial Code and or

admiralty jurisdiction otherwise known as statutory jurisdiction.

This treasonous act has taken place for the sake of commerce and

in order to do so common law had to be rendered to no effect or

at least extremely hard to obtain in Federal Court.  The

bankruptcy of the United States caused through compelled

performance, the following case.  

     "There is no Federal Common Law, and Congress has no power

to declare substantive rules of common law applicable in a State,

whether they be local or general in their nature, be they

commercial law or a part of the law or torts." (See: Erie

Railroad Co. vs Tomkins, 304 U.S. 64, 82 L.Ed 1188)

     The fifty States are now federal states by treaties and

covenants (U.N. treaty & G.A.T.T. and other agreements) making

the federal states and their citizens (tort feasor's) subject to

the World Bank.  The people of America are being drained of their

wealth via I.M.F and the I.R.S. to repay the Bank's usury.

     The following are excerpts from the INTERNATIONAL COVENANT

ON CIVIL AND POLITICAL RIGHTS.102d Congress 2d Session, Exec.

Rept. 102-23 January 30,1992

     The Covenant states expressly that obligations undertaken by

the Parties extend to all parts of federal states "without

limitations or exceptions." (See: page six #5 obligations of

Federal States I.C.C.P.R. January 30, 1992).

     The Constitution of the United States no longer exists as a

 

working document due to the bankrupt de facto corporation, and as

a result of treaties and covenants made with foreign entities, as

a result of accepted privileges by the United States government

and the States. 

     The fifty States are no longer Sovereign individual

Jurisdictions subject to God Almighty.10 

     In 1934 the States became sureties for the bankrupt United

States.  After the United States joined the United Nations in

1945 the fifty States became federal states belonging to the one

world government, it's citizens are slaves and valuable only as

long as they can produce labor and products for sale on the world

market.

     During the negotiation of the Covenant, the "federal state"

issue assumed some importance because there were legally

justified practices, at the State and local level, which were

both manifestly inconsistent with the Covenant and beyond the

reach of Federal authority under the law in force at that time;

that is no longer the case. (See: page 18 I.C.C.P.R.)

     The proposed understanding is similarly intended to signal

to our treaty partners that the U.S. will implement its

obligations under the Covenant by appropriate legislative,

executive and judicial means, federal or state as appropriate,

and that the Federal Government will remove any federal

inhibition to the States' abilities to meet their obligations.

(See: page 18 I.C.C.P.R.)

 

     Nothing in this Covenant requires or authorizes legislation,

or other action, by the United States of America prohibited by

the Constitution of the United States as interpreted by the

United

States.  (See: page 24 I.C.C.P.R.)

 

     You have committed high treason against America's people and

thought to elevate yourselves above God Almighty.  Through lies

and false information, coercion and duress you have enslaved a

free people, through despotism and for the love of money you have

changed the laws to support your usury and corruption. You have

broken the covenant entered into with the American people.  You

have entered into covenants with foreign agents and governments

making you unable through these compromising covenants to protect

the American Citizens freedom and property. 

 

     I do not wish to be a party to the fraud perpetrated by the

United States, so I hereby give notice with accompanying

affidavit of the removal of all unqualified signatures and power

of attorney.  Thereby removing my signature from all papers,

instruments and chattels implying oblation to the nations debt

created by the fraud of the United States corporation.  The

violation of God's Laws and the elimination of the common law,

adhered to and established as the law of the land by the

Fore-Fathers leaves no right or recourse in the federal courts

and or federal state courts.  Thereby freeing this informed

citizen of the Kingdom of Heaven of any obligation and or torts

as a result of tacit admissions implying obligation or

responsibility, voluntary or involuntary contracts made with the

defunct government of the United States, thereby relieving me

from any obligation from said government. 

 

 

 

-----------------------------------------------------------------

[10] Luke 4:8

     And Jesus answered and said to him, "Get behind Me, Satan!

For it is written, 'You shall worship the LORD your God, and Him

only you shall serve.  

-----------------------------------------------------------------

 

 

     As practiced by the Senate and Congress of the United

States, I James Franklin Montgomery reserve the right to revise

and extend any and all remarks made in this document of

declaration.

 

 

     I James Franklin Montgomery declare under penalty of perjury

under the laws of the United States of America that the foregoing

declaration of status is true and correct.

 

                                                                 

           

 

       James Franklin Montgomery    Date

       Sui Juris, Jure Divino, Jura Sanguinis

       Ambassador of the Kingdom of Heaven

 

CC:  Secretary of State

     Chief Justice of the Supreme Court

     Attorney General

     Members of the House

     Members of the Senate

     Secretary of Treasury

     Chairman of Banking Committee

     Secretary of Commerce

 

 

 

          REMOVAL OF UNQUALIFIED SIGNATURES AND POWER OF ATTORNEY

 

 

TO WHOM IT MAY CONCERN:

 

     I, James Franklin Montgomery, with my presence being in

Guilford County, North Carolina state, but not of the corporate

body politic of either, and being born into the American Republic

and not in the District of Columbia or any of its territories.

I, hereby remove any unqualified signature and power of attorney

on the following documents, but not limited to my birth

certificate and my application for a social security number for

the following reasons listed below, and any and all documents of

incorporation implying 14th Amendment citizenship.

 

     1. Having been made a ward of the State and federal

government without my permission, because of my parents being

mislead into obtaining a birth certificate for there son.

 

     2. Having been mislead as a teenager by persons of

authority, government agencies, public school teachers,

government sponsored adds and IRS instructed tax paying

businesses, who said adamantly that I had to have a social

security number to work.  I then obtained a social security

number so I could work, with out any knowledge of the fact that

this made me a contributor of the national debt and equally

responsible for its repayment.

 

     Now of my own right and not under any legal disability, or

the power of another, or guardianship, I do hereby remove, all

unqualified signatures on any instruments and any express or

implied power of attorney therewith.  In fact or assumption,

signed either by me or anyone acting as my agent, or legal

guardian, or unsigned, as it pertains to documents implying 14th

Amendment citizenship, which were created by the United States

government acting in its questionable insular capacity.  Due to

the use of various elements of fraud and misrepresentation,

duress, coercion, mistake, bankruptcy, by said agencies/entities,

I hereby cancel, repudiate and refuse to accept any benefit,

franchises and or privileges attached to the above mentioned

 

socialist agreements, but not limited to the birth certificate

and social security number.

     I make void for lack of good faith and notice on the part of

the United States government, any and all unqualified signatures

implying 14th Amendment citizenship.

     I, James Franklin Montgomery, do hereby remove, annul,

withdraw, abrogate, recant, negate, delete, nullify, expunge,

cancel, repudiate, disavow, renounce, and relinquish all

unqualified signatures and powers of attorney, in fact or

assumption, with or without my consent and of knowledge, as it

pertains to all property, real or personal, obtained in the past,

present or future. I am the sole and absolute possessor/owner and

possess absolute unqualified full right and allodial title to any

and all such property.  I have no effectively connected business

within the United States government, nor do I practice interstate

commerce between the United States government and any federal

state including the State of North Carolina "Body Politic"

corporation. 

     This instrument replaces, cancels, repudiates the prior

instruments that are filed with the United States Government and

any and all other governmental entities anywhere which may

execute on said prior instrument(s), and this document shall

become a permanent part of the records of the United States

government and the State of North Carolina principles.

 

     As practiced by the Senate and Congress of the United

States, I James Franklin Montgomery reserve the right to revise

and extend any and all remarks made in this document of Removal

of unqualified signatures and power of attorney.

 

     I, James Franklin Montgomery declare under penalty of

perjury under the laws of the United States of America that the

foregoing document is true and correct.

                                                               

 

                                    James Franklin Montgomery

                                    Jure Divino, Jura Sanguinis,

                                    Sui Juris

 

 

                                                                

 

 

The parties below are noticed by Carbon Copy, notice to the agent

is notice to the principle:

 

CC: Nicholas Lyell, Atty. Gen, Great Britain

    Governor/Council of State, Jim Hunt

    State Patrol/Revenue, Officer Speas

    Clerk of Court, County of Wilkes

 

 

   

 

Footnote #13b

 

 

James Franklin Montgomery

C/O 100 Bridlewood Rd.

High Point North Carolina state

 

 

District Attorney                                             

NOTICE OF DEFAULT

RANDY LYON                                                       

     AND

County of Wilkes                                            

TACIT PROCURATION

State of North Carolina

 

 

 

District Attorney-Randy Lyon,

 

     You were given 10 days and a additional 10 days grace to

answer my claims and to challenge my understanding of the law.

Your inaction constitutes a legal default and is fatal error.

The ticket was an enticement by the officer for me to appear and

demur to the fraud.  James Franklin Montgomery cannot be faulted

for not appearing on an unsworn complaint by a revenue agent who

 

is not the real party in interest, proven by your default?

 

     "Default a failure to discharge a duty, to one's own

     disadvantage; anything wrongful--some omission to do

     that which ought to have been done by one of the

     parties." 90 N.Y.S. 589, 590.

          "The term is most often used to describe the

     occurrence of an event which cuts short the rights or

     remedies of one of the parties to an agreement or a

     legal dispute."  Barrons's Law Dictionary, third

     edition.

 

     Your silence is tacit admission to the fraud exposed in my

notarized refusal to the Traffic Citation, 7587232-1.

 

     "Silence can only be equated with fraud when there is a

     legal and moral duty to speak or when and inquiry left

     unanswered would be intentionally misleading."  United

     States v. Tweel 550 F.2d 297, 299-300 (1947)

 

 

                             TACIT PROCURATION

 

 

Q. 1. Does the flag that hangs in the court room with the yellow

fringe bordering three sides represent a Constitutional Title 4

flag?

 

A. No.

 

Q. 2. Does the un-Constitutional flag with its yellow fringe

represent Admiralty law having come on land through commerce and

the collection of revenue for the king of England, via his cestui

que trust?

 

A. Yes.

 

Q. 3. Will Admiralty law be applied since there is no injured

party and the fine is the collection of revenue, since the

Department of Motor Vehicles was put under the Revenue Department

by the Act of 1933, Chapter 214 - S.B 238?

 

A. Yes.

 

Q.4 Are the district courts Admiralty courts as declared by the

Judiciary Act of 1789?

 

A. Yes.

 

Q. 5. Can the State produce the contract which shows I have

joined your Admiralty proceeding, thereby waiving with knowledge

and forethought my freeman status granted to me by the North

Carolina state in 1776, under the Declaration of Rights?

 

A. No.

 

Q. 6. Were the American people ever notified of the bankruptcy of

the United States, and by the continuation of the governments

fraud that the government of the United States became a de facto

government?

 

A. No.

 

Q. 7. Do the fines/taxes attached with violating Chapter 20 of

the Motor Vehicle Code constitute peonage, in violation of Title

18 U.S.C. 1581, 1584 and 42 U.S.C. 1994, absent a contract?

 

A. Yes.

 

Q. 8. Does your involvement in placing me under peonage violate

your sworn oath to support and defend the Constitution of the

United States and the laws thereof?

 

A. Yes.

 

Q. 9. Do you understand your action makes you liable with set

penalties under Title 18 U.S.C. 1581, 1584 and 42 U.S.C. 1994?

 

A. Yes.

 

Q. 10. Do you understand that your knowledge of the courts

admiralty jurisdiction and your refusal to inform me of this

jurisdiction and its rules, constitutes fraud and a breach of

your fiduciary trust that you have under Oath and Bond?

 

A. Yes

 

Q. 11. Is the State of North Carolina obligated to inform those

that live in North Carolina state and the State of North

Carolina, that the king of England never sold/transferred his

Title to the State of North Carolina or any of the States in

Union and that the king of England's ownership still stands,

making us tenants on his land?

 

 

A. Yes.

 

Q. 12. Is the State of North Carolina obligated to inform those

that live in North Carolina state and the State of North Carolina

that by the incorporation of North Carolina and the United

States, the inhabitants of North Carolina were made

subjects/citizens forever subject to the king's taxes by his

early charter/s and treaties since made?

 

A. Yes.

 

Q. 13. Did the general Assembly of 1787 violate the 1776

Declaration of Rights and the 1776 North Carolina Constitution,

by ratifying the treaty between the states making its inhabitants

incorporated legal residents, taxable subjects of the

king/citizens of the United States?

 

A. Yes.

 

Q. 14. Do I have the right to face my accuser, the true

plaintiff, the king not the cestui que trust, of which you and

all government representatives are fiduciaries of this trust,

making you not the true plaintiff?

 

A. Yes.

 

Q. 15. Are you obligated to inform me that by your naming the

corporate fiction, the Nom de Querre (WAR NAME) and corporate

fiction,  JAMES F. MONTGOMERY in open court, and by affirmative

answer confirms the corporate fiction, the legal presumption of

incorporation can then no longer be challenged?

 

A. Yes.

 

Q. 16. Is the United States government and the State of North

Carolina obligated to tell the American people that the

Constitution for the United States as a restrictive document on

the corporation it created, has been suspended by the declaration

of war of March 9, 1933, 48 statute 1, declared on the American

people?

 

A. Yes.

 

Q. 17. Is the United States government and the State of North

Carolina obligated to tell the American people that the

Fourteenth Amendment substantially changed the Constitution of

the United States, declaring its citizens could no longer

challenge the public debt, which is forced peonage in violation

of Title 18 USC 1581, 1584 and 42 USC 1994?

 

A. Yes.

 

Q. 18. Is the United States government and the State of North

Carolina obligated to tell the American people that under the

Fourteenth Amendment sec. 3, judges could not grant relief to

those declared enemies under a declared War?

 

A. Yes.

 

Q. 19. Are you aware that since the declared War on the American

people, as enemies they are required to obtain a license for any

government created benefit they may profit from, so they can be

taxed, even though this is fraud because of the bankruptcy and

the unlawful fiat money that creates perpetual debt, which again

is peonage?

 

A. Yes.

 

Q. 20. Has the real party in interest filed a sworn statement

under penalties of perjury, showing a damage caused by James

Franklin Montgomery that has been filed as a complaint before a

competent tribunal can claim venue and jurisdiction over the

perceived subject matter?

 

A. No.

 

Q. 21. Do you now understand from the above questions and

documentation provided that to continue the action against James

Franklin Montgomery is a continuation of the fraud of the United

States and the State of North Carolina by forced peonage, and

that because of your fiduciary status and that of the judge, you

have no Judaical immunity?

 

 

A. Yes.

 

 

 

 

                                                                 

                    James Franklin Montgomery

                                                                 

                    Jure Divino, Jura Sanguinis,

                                                                 

                    Sui Juris

 

 

 

 

 

The parties below are noticed by Carbon Copy, notice to the agent

is notice to the principle:

 

CC: Nicholas Lyell, Atty. Gen, Great Britain

    Governor/Council of State, Jim Hunt

    State Patrol/Revenue, Officer Speas

    Clerk of Court, County of Wilkes

 

 

 

 

Footnote #13c

 

 

James Franklin Montgomery

C\O 100 Bridlewood Rd.

High Point North Carolina

 

 

August 4, 1997

 

 

Dear Judge Michael E. Helms,

 

     I have made attempts (en# 1, 1a) to notice the court as to

my status, meaning, a lack of voluntary contractual nexus between

James Franklin Montgomery and the state of North Carolina. I have

attempted to discover, by posing questions to the court, in

regards to status and contract; to find if a involuntary nexus

does in fact exist between James Franklin Montgomery and the

state of North Carolina. 

     I am not raising these issues in order to defeat a fine.  I

have been doing this research since 1988. 

     I find myself in a difficult position.  As a former U. S.

Marine, I swore an oath to support and defend my country and it's

Constitution against all enemies foreign and domestic.  I have

discovered a foreign enemy has waged a silent war from within our

borders.  Because of my oath and moral obligation as a Christian,

I am obligated to inform the American people, which I have done. 

     Listed below are the source materials I have written which

speak to the issues covered in this letter.  These papers were

written in the following order.  "The History Of Lawful Gold And

Silver", "A Country Defeated In Victory" Parts 1 + 2, these

papers are located on BBS's around the country, including my BBS

called Knowledge Is Freedom, 1-910-869-1945, and they are also

located on the internet.  The latest research paper is called

"The United States Is Still A British Colony" Parts 1 + 2, It can

also be found on BBS's around the country, it can also be found

at, http://users.aol.com/dritus/apn.htm. 

     I am going to cover a few issues that are responsible for my

stance, and God forbid, what appears to be my self-destruction in

order to honor my oath and moral obligation as a Christian.  I

leave it to the American people after they know the facts, to

vote me down as stated by Mark Twain.

 

     Mark Twain: "You see, my kind of loyalty was loyalty to

one's country, not to institutions or its officeholders.  The

country is the real thing; it is the thing to watch over and care

for and be loyal to; institutions extraneous, they are its mere

clothing, and clothing can wear out, become ragged, cease to be

comfortable, cease to protect the body from winter, disease, and

death.  To be loyal to rags, to shout for rags, to worship rags,

to die for rags--that is a loyalty of unreason; it is pure

animal; it belongs to monarchy; was invented by monarchy; let

monarchy keep it.  I was from Connecticut, whose constitution

 

declared "That all political power is inherent in the people, and

all free governments are founded on their authority and

instituted for their benefit, and that they have at all times an

undeniable and indefensible right to alter their form of

government in such a manner as they think expedient."  Under that

gospel, the citizen who thinks that the Commonwealth's political

clothes are worn out and yet holds his peace and does not agitate

for a new suit, is disloyal; he is a traitor.  That he may be the

only one who thinks he sees this decay does not excuse him; it is

his duty to agitate, anyway, and it is the duty of others to vote

him down if they do not see the matter as he does."

Congressional Record, April 9, 1934

 

     The first issue is, Thomas Jefferson did not want the United

States Bank with foreign ownership to be allowed to incorporate

in this country, because it would violate the law of Mortmain

(en# 2).  Meaning our land would be placed in dead hands.  This

is the case today.  Because of Thomas Jefferson's claim to the

law of Mortmain, he understood himself to be a freeman and

sovereign, equal to the king of England, who made the law of

mortmain for himself,  a sovereign.  Thomas Jefferson believed

his sovereignty came from the Declaration of Independence.

However, in the court decision Trustees, Davidson College v.

Chambers' Executors, 56 N.C. 253 (1857), the court says:

 

     "I have hereinbefore referred to the opinion of Chancellor

KENT, that none of these statutes of Mortmain had been adopted in

any State of the Union except Pennsylvania.  I think I may safely

assert that not one of them has ever been in force in North

Carolina.  I do not find in our reports any existence here."

     Question #1: Was Thomas Jefferson right, saying the

incorporation of the United States Bank was against the law of

Mortmain, thereby declaring Americans had right to use the law of

Mortmain to stop the Banks incorporation, and since we had the

power to use the law of Mortmain we as freeman were equal to the

King in sovereignty?

 

     Question #2: If you answer no, does that mean that Thomas

Jefferson, the greatest legal mind of our young country, who

spoke five languages and  learned the Nordic language so he could

better understand the origin of our laws, was confused or

ignorant of our law and the issues of sovereignty?

 

     In 1845 Congress passed the Act of 1845 allowing admiralty

law to come on land in violation of hundreds of years of stare

decisis and the Magna Charta and also early American law.  This

began what is known as the Insular cases: See: Langdell, 'The

Status of our New Territories', 12 Harv.L.Rev. 365, 371; see also

Thayer, 'Our New Possessions', 12 Harv.L.Rev. 464; Thayer, 'The

Insular Tariff Cases in the Supreme Court', 15 Harv.L.Rev. 164;

Littlefield, 'The Insular Cases', 15 Harv.L.Rev. 169, 281.

     The dissenting opinion in Downes v. Bidwell leaves no doubt

that the United States Constitution was being abandoned to

promote the kings commerce.

 

     "The idea prevails with some indeed, it found expression in

arguments at the bar that we have in this country substantially

 

or practically two national governments;  one to be maintained

under the Constitution, with all its restrictions; the other to

be maintained by Congress outside and independently of that

instrument, by exercising such powers as other nations of the

earth are accustomed to exercise."

     "I take leave to say that if the principles thus announced

should ever receive the sanction of a majority of this court, a

radical and mischievous change in our system of government will

be the result.  We will, in that event, pass from the era of

constitutional liberty guarded and protected by a written

constitution into an era of legislative absolutism."

     "It will be an evil day for American liberty if the theory

of a government outside of the supreme law of the land finds

lodgment in our constitutional jurisprudence.  No higher duty

rests upon this court than to exert its full authority to prevent

all violation of the principles of the constitution."  Downes vs

Bidwell, 182 U.S. 244 (1901)

 

     Question #3: What obligation do judges have to obey their

oath to support and defend the U.S. Constitution, and was your

oath to the 1787 U.S. de jure Constitution or the 1870 U.S. de

facto Constitution, post Civil War and Fourteenth Amendment?

 

     The Civil War brought about the conquest of the south and

also the U.S. de jure government.  Under International law which

was codified by Lincoln (en# 2), the occupying army can change

the existing laws of the de jure government, and replace all or

part of them with the occupying armies laws by establishing a de

facto government.  See: Macleod v. U.S, 229 U.S. 416 1913,

Fleming v. Page, 50 U.S. 603 1850, The Diamond Rings, 183 U.S.

176 1901, Dooley v. U.S., 182 U.S. 222 1901, 294 U.S. 330 1935,

General Orders No. 100 by President Lincoln, 24 April 1863.

     If you will remember your history, the Fourteenth Amendment

was passed and imposed by force on the southern states.  The de

facto government's occupation of America as a result of conquest

and the imposition of this Amendment has not changed since that

time. The government became de facto because President Lincoln

declared war and ruled the government by executive order and

without a lawful Congress for six months. The military occupation

was confirmed by their imposing the Fourteenth Amendment on the

southern states, and its adoption by the northern states out of

ignorance. 

     The Fourteenth Amendment created citizenship into the de

facto government.  It disallows its citizens to question the

national debt in section 4 of the Fourteenth Amendment, which is

financial servitude, it also makes the citizen a legal resident.

The conquered southern states became territories of the United

States, until the Fourteenth Amendment was ratified by the

states, however, the war powers were never ended.

 

     ".....This order of a military officer, asserting, in

effect, his right to annul such of our laws as he may deem

unwise, is suspended by order of the President.  This arbitrary

step is scarcely arrested, when a measure is proposed by

Congress, looking to the sanction of this military supremacy over

our laws.

 

     In the midst of the progress of these events we are

astounded by a proposition, originated by North Carolinians, and

brought before Congress under auspices calculated to alarm us,

that North Carolina, one of the original thirteen, is no longer a

State, but a territory of the United States."  Inaugural Address,

Governor of North Carolina, William Woods Holden 1868

    

     Sec. 3 of the Fourteenth Amendment makes it against the law

for a judge or legislator to give aid to the enemy.

 

     Question #4: Is this why when faced with a de jure

Constitutional argument a judge will threaten the party bringing

it with contempt, because it would violate the public policy

under the courts admiralty powers granted by the de facto

government?   

 

     The military occupation and declared emergency are still in

effect, all Americans have been declared enemies of the de facto

government, in order to exact taxes from them to pay the debt

created by Congress.  This fact cannot be challenged, denied or

rebuffed by you or Congress, it is a fact. 

 

     "Since March 9, 1933, the United States has been in a state

of declared national emergency....Under the powers delegated by

these statutes, the President may: seize property; organize and

control the means of production; seize commodities; assign

military forces abroad; institute martial law; seize and control

all transportation and communication; regulate the operation of

private enterprise; restrict travel; and, in a plethora of

particular ways, control the lives of all American citizens."

     "A majority of the people of the United States have lived

all of their lives under emergency rule.  For 40 years, freedoms

and governmental procedures guaranteed by the Constitution have,

in varying degrees, been abridged by laws brought into force by

states of national emergency....from, at least, the Civil War in

important ways shaped the present phenomenon of a permanent state

of national emergency." Senate Report, 93rd Congress, November

19, 1973

 

     When a permanent state of national emergency exists the

Constitution is suspended and I put to you a dead letter as to

its purpose for creation, which was to restrict the de jure

government from doing just what I am informing you of now.  By

military occupation all Americans have been declared enemies.

You will see in the following quote you do not have to have the

military visible in the streets for military occupation or

military martial law to exist.

 

     'But there is another description of government, called also

by publicists a government de facto, but which might, perhaps, be

more aptly denominated a government of paramount force. Its

distinguishing characteristics are (1) that its existence is

maintained by active military power within the territories, and

against the rightful authority of an established and lawful

government; and (2) that while it exists it must necessarily be

[229 U.S. 416, 429] obeyed in civil matters by private citizens

who, by acts of obedience rendered in submission to such force,

do not become responsible, as wrongdoers, for those acts, though

not warranted by the laws of the rightful government. Actual

 

governments of this sort are established over districts differing

greatly in extent and conditions. They are usually administered

directly by military authority, but they may be administered,

also, by civil authority, supported more or less directly by

military force.' Thornington v. Smith, 8 Wall. 1, 9, 19 L. ed.

361, 363.  Macleod v. U.S, 229 U.S. 416 1913

 

     Question #5:  In light of this information, by enforcing by

compelled performance involuntary contracts which cause

involuntary servitude on unaware Americans, why are you not in

violation of your oath of office to support and defend the

Constitution of the United States against all enemies foreign and

domestic?

 

     Also in the above case private citizens cannot be held as

wrong doers for obeying the de facto governments laws and then

made tort feasors.  I am not responsible for the use of fiat

money and the obligation of the debt created by the bankruptcy of

the United States and the national emergency declared as a

result.  I object to the use of fiat military script and my being

held as a tort feasor for obtaining a social security number

under duress and coercion at the age of 12.  I was not informed

that a legal contribution made you a joint tort feasor, see

Blacks Law Dictionary, nor was I old enough to enter into a

contract of any kind, much less one which enforces admiralty

compelled performance.

 

     Question #6: Is the de facto government in violation of

international law and treaties, by coercing those declared to be

enemies, to enslave themselves by requiring them to obtain a

Social Security number, making them under legal definition a tort

feasor?

 

     Question #7: Is the de facto government in violation of

international law, by creating a national debt, and making it

unlawful to challenge the debt created by Congress, which is

forced peonage, financial slavery?

 

     March 9, 1933 President Roosevelt declared a national

emergency with his authority being the War Powers Act of October

6, 1917, as amended by his hand to include all Americans. 

 

     "In Title 1, Section 1 it says: The actions, regulations,

rules, licenses, orders and proclamations heretofore or hereafter

taken, promulgated, made, or issued by the President of the

United States or the Secretary of the Treasury since March 4,

1933, pursuant to the authority conferred by subdivision (b) of

section 5 of the Act of October 6, 1917, as amended, are hereby

approved and confirmed."

     "Section 2. Subdivision (b) of section 5 of the Act of

October 6, 1917, (40 Stat. L. 411), as amended, is hereby amended

to read as follows: emergency declared by the President, the

President may, through any agency that he may designate, or

otherwise, investigate, regulate, or prohibit, under such rules

and regulations as he may prescribe, by means of licenses or

otherwise, any transactions in foreign exchange, transfers of

credit between or payments by banking institutions as defined by

the President, and export, hoarding, melting, or earmarking of

gold or silver coin or bullion or currency, BY ANY PERSON WITHIN

THE UNITED STATES OR ANY PLACE SUBJECT TO THE JURISDICTION

 

THEREOF."

 

     Question #8: I hold my sincere held beliefs because of

history and the governments own documents, can you challenge them

and show me that I am incorrect?

 

     At the same time, Constitutional money was suspended and

fiat money was put in place as legal tender.  This is military

script and comes under International Law, along with the taxes

that have been collected to pay your salary and the State

patrolman's salary.

 

     "While it is held to be the right of a conqueror to levy

contributions upon the enemy in their seaports, towns, or

provinces which may be in his military possession by conquest,

and to apply the proceeds to defray the expenses of the war, this

right is to be exercised within such limitations that it may not

savor of confiscation. As the result of military occupation, the

taxes and duties payable by the inhabitants to the former

government become payable to the military occupant, unless he

sees fit to substitute for them other rates or modes of

contributions to the expenses of the government. The moneys so

collected are to be used for the purpose of paying the expenses

of government under the military occupation, such as the salaries

of the judges and the police, and for the payment of the expenses

of the army.'"  Macleod v. U.S, 229 U.S. 416 1913

 

     Art. 10. "Martial Law affects chiefly the police and

collection of public revenue and taxes, whether imposed by the

expelled government or by the invader, and refers mainly to the

support and efficiency of the army, its safety, and the safety of

its operations." Gen. Orders No. 100 by President Lincoln, 24

April 1863

 

     Art. 39. "The salaries of civil officers of the hostile

government who remain in the invaded territory, and continue the

work of their office, and can continue it according to the

circumstances arising out of the war - such as judges,

administrative or police officers, officers of city or

communal governments - are paid from the public revenue of the

invaded territory, until the military government has reason

wholly or partially to discontinue it. Salaries or incomes

connected with purely honorary titles are always stopped." Gen.

Orders No. 100 by President Lincoln, 24 April 1863

 

     Question #9: Since you are the trier of fact and you rely on

the imposition of fines for your salary, why is this not a

conflict of interest and create bias and prejudice by the court?

 

     I now come to the final issue.  The flag in every court room

has a yellow fringe boarding three sides.  This flag is in strict

violation of Title 4 sec. 1. U.S.C, which is a flag of peace.

 

     "The flag of the United States shall be thirteen horizontal

stripes, alternate red and white; and the union of the flag shall

be forty-eight stars, white in a blue field."

     A foot note was added on page 1113 of the same section which

says: "Placing of fringe on the national flag, the dimensions of

the flag, and arrangement of the stars are matters of detail not

controlled by statute, but within the discretion of the President

as commander-in-chief of the army and navy." 1925, 34

Op.Atty.Gen. 483.

 

 

     "Executive Order No. 10834, August 21, 1959, 24 F.R. 6865, a

military flag is a flag that resembles the regular flag of the

United States, except that it has a yellow fringe, boarder on

three sides.  The President of the United States designated this

deviation from the regular flag, by executive order, and in his

capacity as Commander-in-Chief of the Armed Forces."

 

     The president as military commander can add a yellow fringe

to our flag.  When would this be done?  During time of war.  Why?

A flag with a fringe is an ensign, a military flag.  This fringe

also means if flying in a court room that it is a admiralty

(commerce) court, and will render decisions on the type of case

brought before it, common law, equity law, or admiralty which are

cases based on revenue and commerce.  The fringe is proof of

military jurisdiction.( en#4.)

 

     Question #10: Are you as judge responsible for the decorum

of the court room, and by this flag of war flying does this not

violate your oath of office?

 

     Question #11: Since Americans that come before you and enter

the bar, bringing themselves under admiralty law which is kept

secret from them, why are you not violating their 4th, 5th and

especially 6th Amendment rights that the de facto government

claims they have?

 

     Until these questions are answered I cannot in good

conscience or morally take part in fraud, or not resist a

government that refuses to answer legitimate questions, which

confirms it is a de facto tyrannical government; and by my sworn

oath to support and defend America against all enemies foreign

and domestic, I must resist in any peaceful means available to

me, even to the point of my imprisonment or death.  I must

receive an answer to these questions no later than August 12,

1997.

 

                       Psalms chapter 2 verses 10-12

 

     Now therefore, O kings, show discernment; Take warning, O

judges of the earth,  Worship the Lord with reverence, And

rejoice with trembling.  Do homage to the Son, lest He become

angry, and you perish in the way, For His wrath may soon be

kindled.

 

 

 

 

                                 ENDNOTES

 

 

Endnote #1    

 

4/28/97

     ACCEPTANCE REFUSED FOR CAUSE, WITHOUT DISHONOR

 

To whom it may concern,

 

     I James Franklin Montgomery, do hereby make this ACCEPTANCE

REFUSED FOR CAUSE , WITHOUT DISHONOR OF the Traffic Citation,

7587232-1.

 

 

 

 

 

Endnote #1a

 

5/27/97

District Attorney                                             

NOTICE OF DEFAULT

RANDY LYON                                                       

     AND

County of Wilkes                                            

TACIT PROCURATION

State of North Carolina

 

Endnote #2

 

     "If the American people ever allow the banks to control

issuance of their currency, first by inflation and then by

deflation, the banks and corporations that grow up around them

will deprive the people of all property until their children will

wake up homeless on the continent their fathers occupied."

(Thomas Jefferson)

 

     "On February 15, 1791 Jefferson wrote Washington to tell him

his objections of the establishment of a National Bank.

 

     The bill for establishing a National Bank undertakes among

other things:

1. To form the subscribers into a corporation.

2. To enable them in their corporate capacities to receive grants

of land; and so far is against the laws of mortmain.

     I consider the foundation of the Constitution as laid on

this ground; That "all powers not delegated to the United States,

by the Constitution, nor prohibited by it to the States, are

reserved to the States or to the people."...... 

     .....To take a single step beyond the boundaries thus

specially drawn around the powers of Congress, is to take

possession of a boundless field of power, no longer susceptible

of any definition.

     The incorporation of a bank, and the powers assumed by this

bill, have not, in my opinion, been delegated to the United

States, by the Constitution.

     Can it be thought that the Constitution intended that for a

shade or two of convenience, more or less, Congress should be

authorized to break down the most ancient and fundamental laws of

the several States; such as those against mortmain, the laws of

alienage, the rules of descent, the acts of distribution, the

laws of escheat and forfeiture, the laws of monopoly?"

 

Endnote #3

 

INSTRUCTIONS FOR THE GOVERNMENT OF ARMIES OF THE UNITED STATES IN

THE FIELD

Prepared by Francis Lieber, promulgated as General Orders No. 100

by President Lincoln, 24 April 1863.

 

 

Endnote # 4

 

     "...The agency of the master is devolved upon him by the law

of the flag.  The same law that confers his authority ascertains

its limits, and the flag at the mast-head is notice to all the

world of the extent of such power to bind the owners or

freighters by his act.  The foreigner who deals with this agent

has notice of that law, and, if he be bound by it, there is not

injustice.  His notice is the national flag which is hoisted on

every sea and under which the master sails into every port, and

every circumstance that connects him with the vessel isolates

that vessel in the eyes of the world, and demonstrates his

relation to the owners and freighters as their agent for a

specific purpose and with power well defined under the national

maritime law." Bouvier's Law Dictionary, 1914.

 

     "Pursuant to the "Law of the Flag", a military flag does

result in jurisdictional implication when flown.  The Plaintiff

cites the following: "Under what is called international law, the

law of the flag, a shipowner who sends his vessel into a foreign

port gives notice by his flag to all who enter into contracts

with the shipmaster that he intends the law of the flag to

regulate those contracts with the shipmaster that he either

submit to its operation or not contract with him or his agent at

all." Ruhstrat v. People, 57 N.E. 41, 45, 185 ILL. 133, 49 LRA

181, 76 AM.

 

                    James Franklin Montgomery

                    Jure Divino, Jura Sanguinis,

                    Sui Juris

 

 

 

Footnote #14

                               

                                    ADDENDUM

 

     I have just discovered the following two endnotes.  They

completely confirm in a very finial way my research in British

Colony parts 1, 2 and 3, and the Informer's research and book

"The New History Of America".  If you will study the following

papers, the Magna Carta and our Bill of Rights, and come to an

understanding of their similarities.  Then re-read the Charters

included in British Colony parts 1 and 2, keeping in mind the

issues I raised, then read the following commentary.

 

     "The two main issues as I see them in British Colony are;

one, the financial obligations of the 1213 Charter En #1, are

still in effect, along with the Charters establishing America.

Two, the last sentence of the 1689 Bill of Rights En #2, proves

the following:"

     "That the Charters of the Colonies could never be overturned

by a Declaration of Independence, or the 1787 treaty, otherwise

known as the Constitution, I'm talking about the real subject

matter, financial obligation.  Title for the land was transferred

to the states and then ceded by Charter to the federal government

under Cestui que trust, but the contracted debt and obligation of

the Colonial Charters, and the 1213 Charter could not be negated.

Rights could be granted to the citizens, subjects or combatants,

which ever the case may be, but the financial obligation cannot,

nor could not be affected, because it involves parties not yet

born.  This why King Charles I said, the 1689 Bill of Rights

would not free the kingdom from the obligation of the 1213

Charter.  This is why the United States Bank was given right of

Charter in America.  George Washington had no choice but to

succumb to the Rothchilds point man, Hamilton.  Talk about deja

vu, I mean does this not sound familiar.  Our Bill of Rights was

given to us, to give us the illusion of freedom.  When the tax

obligation of the Charters above marched along un-impeded and

un-seen, by Americans and Britons alike. Read the Magna Carta

again, they wanted the Pope's blessing for the 1215 Charter, this

same Pope is the Pope in the 1213 Charter where England and

Ireland were given to him.  He could not just give back his land,

because of other parties not yet born.  The Pope let the barons

presume they were free and gave his blessing to the 1215 Magna

Carta, knowing to do so would in no way lawfully overturn the

grant made to him in the 1213 Charter.  Also, it is apparent, it

was recognized as law that you could not even create a Charter,

wherein you declared a previous grant or Charter null in void

unless the relevant parties agreed.  How can a Charter be made

void if parties to the Charter will never cease to be born, an

heir can always be found.  To prove this, again what did the new

king Charles I do, even though the previous monarchy had come to

an end, its obligations did not, this is why he had to included

paragraph III, a clause to protect the other parties of an

earlier Charter."

 

James Franklin Montgomery, Sui Juris servant of Jesus Christ

 

 

 

Endnote #1

 

Britannia: Sources of British History  (1213)

KING JOHN's Concession of England and Ireland to the Pope

 

In the matter of the election and installation of Stephen Langton

as Archbishop of Canterbury, King John, in the words of Pope

Innocent III, had by "impious persecution", tried to "enslave"

the entire English Church. As a result, the pope laid on England

an interdict (1208-14), a sort of religious "strike", wherein no

religious service be performed for anyone, guilty or innocent.

When this didn't work, the king, himself, was excommunicated.

Caving-in under that pressure, John wrote a letter of concession

to the pope, hoping to have the interdict and the excommunication

lifted (1213). John's concession which, in effect, made England a

fiefdom of Rome, worked like a charm. The satisfied pope lifted

lifted the yoke he had hung on the people of England and their

king.

 

John, by the grace of God, king of England, lord of Ireland, duke

of Normandy and Aquitaine, count of Anjou, to all the faithful of

Christ who shall look upon this present charter, greeting.

 

We wish it to be known to all of you, through this our charter,

furnished with our seal, that inasmuch as we had offended in many

ways God and our mother the holy church, and in consequence are

known to have very much needed the divine mercy, and can not

offer anything worthy for making due satisfaction to God and to

the church unless we humiliate ourselves and our kingdoms: we,

wishing to humiliate ourselves for Him who humiliated Himself for

us unto death, the grace of the Holy Spirit inspiring, not

induced by force or compelled by fear, but of our own good and

spontaneous will and by the common counsel of our barons, do

offer and freely concede to God and His holy apostles Peter and

Paul and to our mother the holy Roman church, and to our lord

pope Innocent and to his Catholic successors, the whole kingdom

of England and the whole kingdom Ireland, with all their rights

and appurtenances, for the remission of our own sins and of those

of our whole race as well for the living as for the dead; and now

receiving and holding them, as it were a vassal, from God and the

Roman church, in the presence of that prudent man Pandulph,

subdeacon and of the household of the lord pope, we perform and

swear fealty for them to him our aforesaid lord pope Innocent,

and his catholic successors and the Roman church, according to

the form appended; and in the presence of the lord pope, if we

shall be able to come before him, we shall do liege homage to

him; binding our successors aid our heirs by our wife forever, in

similar manner to perform fealty and show homage to him who shall

be chief pontiff at that time, and to the Roman church without

demur. As a sign, moreover, of this our own, we will and

establish perpetual obligation and concession we will establish

that from the proper and especial revenues of our aforesaid

kingdoms, for all the service and customs which we ought to

render for them, saving in all things the penny of St. Peter, the

Roman church shall receive yearly a thousand marks sterling,

namely at the feast of St. Michael five hundred marks, and at

 

Easter five hundred marks, seven hundred, namely, for the kingdom

of England, and three hundred for the kingdom of Ireland, saving

to us and to our heirs our rights, liberties and regalia; all of

which things, as they have been described above, we wish to have

perpetually valid and firm; and we bind ourselves and our

successors not to act counter to them. And if we or any one of

our successors shall presume to attempt this, whoever he be,

unless being duly warned he come to his kingdom, and this senses,

be shall lose his right to the kingdom, and this charter of our

obligation and concession shall always remain firm.

 

 

 

Endnote #2

 

 

 

Britannia: Sources of British History

BILL of RIGHTS, 1689

 

An Act Declaring the Rights and Liberties of the Subject and

Settling the Succession of the Crown

 

     Whereas the Lords Spiritual and Temporal and Commons

assembled at Westminster, lawfully, fully and freely representing

all the estates of the people of this realm, did upon the

thirteenth day of February in the year of our Lord one thousand

six hundred eighty-eight [old style date] present unto their

Majesties, then called and known by the names and style of

William and Mary, prince and princess of Orange, being present in

their proper persons, a certain declaration in writing made by

the said Lords and Commons in the words following,

 

     Whereas the late King James the Second, by the assistance of

divers evil counsellors, judges and ministers employed by him,

did endeavour to subvert and extirpate the Protestant religion

and the laws and liberties of this kingdom;

 

By assuming and exercising a power of dispensing with and

suspending of laws and the execution of laws without consent of

Parliament;

 

By committing and prosecuting divers worthy prelates for humbly

petitioning to be excused from concurring to the said assumed

power;

 

By issuing and causing to be executed a commission under the

great seal for erecting a court called the Court of Commissioners

for Ecclesiastical Causes;

 

By levying money for and to the use of the Crown by pretence of

prerogative for other time and in other manner than the same was

granted by Parliament;

 

By raising and keeping a standing army within this kingdom in

time of peace without consent of Parliament, and quartering

soldiers contrary to law;

 

By causing several good subjects being Protestants to be disarmed

at the same time when papists were both armed and employed

contrary to law;

 

By violating the freedom of election of members to serve in

Parliament;

 

By prosecutions in the Court of King's Bench for matters and

 

causes cognizable only in Parliament, and by divers other

arbitrary and illegal courses;

 

And whereas of late years partial corrupt and unqualified persons

have been returned and served on juries in trials, and

particularly divers jurors in trials for high treason which were

not freeholders;

 

And excessive bail hath been required of persons committed in

criminal cases to elude the benefit of the laws made for the

liberty of the subjects;

 

And excessive fines have been imposed; And illegal and cruel

punishments inflicted; And several grants and promises made of

 

fines and forfeitures before any conviction or judgment against

the persons upon whom the same were to be levied;

 

     All which are utterly and directly contrary to the known

laws and statutes and freedom of this realm;

 

     And whereas the said late King James the Second having

abdicated the government and the throne being thereby vacant, his

Highness the prince of Orange (whom it hath pleased Almighty God

to make the glorious instrument of delivering this kingdom from

popery and arbitrary power) did (by the advice of the Lords

Spiritual and Temporal and divers principal persons of the

Commons) cause letters to be written to the Lords Spiritual and

Temporal being Protestants, and other letters to the several

counties, cities, universities, boroughs and cinque ports, for

the choosing of such persons to represent them as were of right

to be sent to Parliament, to meet and sit at Westminster upon the

two and twentieth day of January in this year one thousand six

hundred eighty and eight, in order to such an establishment as

that their religion, laws and liberties might not again be in

danger of being subverted, upon which letters elections having

been accordingly made;

 

     And thereupon the said Lords Spiritual and Temporal and

Commons, pursuant to their respective letters and elections,

being now assembled in a full and free representative of this

nation, taking into their most serious consideration the best

means for attaining the ends aforesaid, do in the first place (as

their ancestors in like case have usually done) for the

vindicating and asserting their ancient rights and liberties

declare:

 

That the pretended power of suspending the laws or the execution

of laws by regal authority without consent of Parliament is

illegal;

 

That the pretended power of dispensing with laws or the execution

of laws by regal authority, as it hath been assumed and exercised

of late, is illegal;

 

That the commission for erecting the late Court of Commissioners

for Ecclesiastical Causes, and all other commissions and courts

of like nature, are illegal and pernicious;

 

That levying money for or to the use of the Crown by pretence of

prerogative, without grant of Parliament, for longer time, or in

other manner than the same is or shall be granted, is illegal;

 

That it is the right of the subjects to petition the king, and

all commitments and prosecutions for such petitioning are

illegal;

 

That the raising or keeping a standing army within the kingdom in

time of peace, unless it be with consent of Parliament, is

against law;

 

That the subjects which are Protestants may have arms for their

defence suitable to their conditions and as allowed by law;

 

That election of members of Parliament ought to be free;

 

That the freedom of speech and debates or proceedings in

Parliament ought not to be impeached or questioned in any court

or place out of Parliament;

 

That excessive bail ought not to be required, nor excessive fines

imposed, nor cruel and unusual punishments inflicted;

 

That jurors ought to be duly impanelled and returned, and jurors

which pass upon men in trials for high treason ought to be

 

freeholders;

 

 

That all grants and promises of fines and forfeitures of

particular persons before conviction are illegal and void;

 

 

     And that for redress of all grievances, and for the

amending, strengthening and preserving of the laws, Parliaments

ought to be held frequently.

 

     And they do claim, demand and insist upon all and singular

the premises as their undoubted rights and liberties, and that no

declarations, judgments, doings or proceedings to the prejudice

of the people in any of the said premises ought in any wise to be

drawn hereafter into consequence or example; to which demand of

their rights they are particularly encouraged by the declaration

of his Highness the prince of Orange as being the only means for

obtaining a full redress and remedy therein.

 

 

     Having therefore an entire confidence that his said Highness

the prince of Orange will perfect the deliverance so far advanced

by him, and will still preserve them from the violation of their

rights which they have here asserted, and from all other attempts

upon their religion, rights and liberties, the said Lords

Spiritual and Temporal and Commons assembled at Westminster do

resolve that William and Mary, prince and princess of Orange, be

and be declared king and queen of England, France and Ireland and

the dominions thereunto belonging, to hold the crown and royal

dignity of the said kingdoms and dominions to them, the said

prince and princess, during their lives and the life of the

survivor to them, and that the sole and full exercise of the

regal power be only in and executed by the said prince of Orange

in the names of the said prince and princess during their joint

lives, and after their deceases the said crown and royal dignity

of the same kingdoms and dominions to be to the heirs of the body

of the said princess, and for default of such issue to the

Princess Anne of Denmark and the heirs of her body, and for

default of such issue to the heirs of the body of the said prince

of Orange.  And the Lords Spiritual and Temporal and Commons do

pray the said prince and princess to accept the same accordingly.

 

 

     And that the oaths hereafter mentioned be taken by all

persons of whom the oaths have allegiance and supremacy might be

required by law, instead of them; and that the said oaths of

allegiance and supremacy be abrogated.

 

 

 

I, A.B., do sincerely promise and swear that I will be faithful

and bear true allegiance to their Majesties King William and

Queen Mary.  So help me God.

 

 

I, A.B., do swear that I do from my heart abhor, detest and

abjure as impious and heretical this damnable doctrine and

position, that princes excommunicated or deprived by the Pope or

any authority of the see of Rome may be deposed or murdered by

their subjects or any other whatsoever.  And I do declare that no

foreign prince, person, prelate, state or potentate hath or ought

to have any jurisdiction, power, superiority, pre-eminence or

authority, ecclesiastical or spiritual, within this realm.  So

help me God.

 

 

Upon which their said Majesties did accept the crown and royal

dignity of the kingdoms of England, France and Ireland, and the

 

dominions thereunto belonging, according to the resolution and

desire of the said Lords and Commons contained in the said

declaration.  And thereupon their Majesties were pleased that the

said Lords Spiritual and Temporal and Commons, being the two

Houses of Parliament, should continue to sit, and with their

Majesties' royal concurrence make effectual provision for the

settlement of the religion, laws and liberties of this kingdom,

so that the same for the future might not be in danger again of

being subverted, to which the said Lords Spiritual and Temporal

and Commons did agree, and proceed to act accordingly.

 

 

     Now in pursuance of the premises the said Lords Spiritual

and Temporal and Commons in Parliament assembled, for the

ratifying, confirming and establishing the said declaration and

the articles, clauses, matters and things therein contained by

the force of law made in due form by authority of Parliament, do

pray that it may be declared and enacted that all and singular

the rights and liberties asserted and claimed in the said

declaration are the true, ancient and indubitable rights and

liberties of the people of this kingdom, and so shall be

esteemed, allowed, adjudged, deemed and taken to be; and that all

and every the particulars aforesaid shall be firmly and strictly

holden and observed as they are expressed in the said

declaration, and all officers and ministers whatsoever shall

serve their Majesties and their successors according to the same

in all time to come.

 

     And the said Lords Spiritual and Temporal and Commons,

seriously considering how it hath pleased Almighty God in his

marvellous providence and merciful goodness to this nation to

provide and preserve their said Majesties' royal persons most

happily to reign over us upon the throne of their ancestors, for

which they render unto him from the bottom of their hearts their

humblest thanks and praises, do truly, firmly, assuredly and in

the sincerity of their hearts think, and do hereby recognize,

acknowledge and declare, that King James the Second having

abdicated the government, and their Majesties having accepted the

crown and royal dignity as aforesaid, their said Majesties did

become, were, are and of right ought to be by the laws of this

realm our sovereign liege lord and lady, king and queen of

England, France and Ireland and the dominions thereunto

belonging, in and to whose princely persons the royal state,

crown and dignity of the said realms with all honours, styles,

titles, regalities, prerogatives, powers, jurisdictions and

authorities to the same belonging and appertaining are most

fully, rightfully and entirely invested and incorporated, united

and annexed.

 

 

     And for preventing all questions and divisions in this realm

by reason of any pretended titles to the crown, and for

preserving a certainty in the succession thereof, in and upon

which the unity, peace, tranquility and safety of this nation

doth under God wholly consist and depend, the said Lords

Spiritual and Temporal and Commons do beseech their Majesties

that it may be enacted, established and declared, that the crown

and regal government of the said kingdoms and dominions, with all

 

and singular the premises thereunto belonging and appertaining,

shall be and continue to their said Majesties and the survivor of

them during their lives and the life of the survivor of them, and

that the entire, perfect and full exercise of the regal power and

government be only in and executed by his Majesty in the names of

both their Majesties during their joint lives; and after their

deceases the said crown and premises shall be and remain to the

heirs of the body of her Majesty, and for default of such issue

to her Royal Highness the Princess Anne of Denmark and the heirs

of the body of his said Majesty; and thereunto the said Lords

Spiritual and Temporal and Commons do in the name of all the

people aforesaid most humbly and faithfully submit themselves,

their heirs and posterities for ever, and do faithfully promise

that they will stand to, maintain and defend their said

majesties, and also the limitation and succession of the crown

herein specified and contained, to the utmost of their powers

with their lives and estates against all persons whatsoever that

shall attempt anything to the contrary.

 

     And whereas it hath been found by experience that it is

inconsistent with the safety and welfare of this Protestant

kingdom to be governed by a popish prince, or by any king or

queen marrying a papist, the said Lords Spiritual and Temporal

and Commons do further pray that it may be enacted, that all and

every person and persons that is, are or shall be reconciled to

or shall hold communion with the see or Church of Rome, or shall

profess the popish religion, or shall marry a papist, shall be

excluded and be for ever incapable to inherit, possess or enjoy

the crown and government of this realm and Ireland and the

dominions thereunto belonging or any part of the same, or to

have, use or exercise any regal power, authority or jurisdiction

within the same; and in all and every such case or cases the

people of these realms shall be and are hereby absolved of their

allegiance; and the said crown and government shall from time to

time descend to and be enjoyed by such person or persons being

Protestants as should have inherited and enjoyed the same in case

the said person or persons so reconciled, holding communion or

professing or marrying as aforesaid were naturally dead; and that

every king and queen of this realm who at any time hereafter

shall come to and succeed in the imperial crown of this kingdom

shall on the first day of the meeting of the first Parliament

next after his or her coming to the crown, sitting in his or her

throne in the House of Peers in the presence of the Lords and

Commons therein assembled, or at his or her coronation before

such person or persons who shall administer the coronation oath

to him or her at the time of his or her taking the said oath

(which shall first happen), make, subscribe and audibly repeat

the declaration mentioned in the statute made in the thirtieth

year of the reign of King Charles the Second entitled, "An Act

for the more effectual preserving the king's person and

government by disabling papists from sitting in either House of

Parliament."

 

 

     But if it shall happen that such king or queen upon his or

her succession to the crown of this realm shall be under the age

of twelve years, then every such king or queen shall make,

subscribe and audibly repeat the same declaration at his or her

coronation or the first day of the meeting of the first

Parliament as aforesaid which shall first happen after such king

or queen shall have attained the said age of twelve years.  All

which their Majesties are contented and pleased shall be

declared, enacted and established by authority of this present

Parliament, and shall stand, remain and be the law of this realm

for ever; and the same are by their said Majesties, by and with

the advice and consent of the Lords Spiritual and Temporal and

Commons in Parliament assembled and by the authority of the same,

declared, enacted and established accordingly.

 

II.  And be it further declared and enacted by the authority

aforesaid, that from and after this present session of Parliament

no dispensation by "non obstante" of or to any statute or any

part thereof shall be allowed, but that the same shall be held

void and of no effect, except a dispensation be allowed of in

such statute, and except in such cases as shall be specially

provided for by one or more bill or bills to be passed during

this present session of Parliament.

 

III.  Provided that no charter or grant or pardon granted before

the three and twentieth day of October in the year of our Lord

one thousand six hundred eighty-nine shall be any ways impeached

or invalidated by this Act, but that the same shall be and remain

of the same force and effect in law and no other than as if this

Act had never been made.

 

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