The United States Is Still A British Colony

Chapter III

Will the Real Government Please Stand Up

Listen to Part I read by Gordon Comstock | download
Listen to Part II read by Gordon Comstock | download


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 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

GUIDE TO THE FOOTNOTES

Footnote #1 - Quotes on the fraudulent ramification of the 14th Amendment.
Footnote #2 - Tulane Law Review Vol. 28 1953, The Dubious Origin Of The Fourteenth Amendment, by Walter J. Suthon, Jr.
Footnote #3 - Reconstruction Act of March 2, 1867.
Footnote #4 - Reconstruction Act of March 11, 1868.
Footnote #5 - Reconstruction Act of March 23, 1867.
Footnote #6 - Reconstruction Act of July 19, 1867.
Footnote #7 - President Lincoln’s Proclamation of Amnesty & Reconstruction.
Footnote #8 - Veto message by President Johnson, March 2, 1867.
Footnote #9 - Gen. Orders No. 100 by President Lincoln, April 24 1863.
Footnote #10 - Court cases on Conquest and Military Occupation.
Footnote #11 - Letter I wrote to a local sheriff, August 27, 1995.
Footnote #12 - New Jersey’s removal of their ratification of the 14th Amendment.
Footnote #13 - Addendum



I will begin with the touchstone 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.

“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 at 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

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 at 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 benefitswithout 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 Judgment, 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.”

James Montgomery
September 5, 1997

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 at 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 at 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 at 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 at 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 at 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 at 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 at 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 un-coerced judgment 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 un-coerced 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, 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 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 therefore 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 life 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 southern 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 judgment, 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 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
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 governs contracts between parties that trade over the sea. Well, that’s what our forefathers 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 Constitution…”
  “In exercising this power, Congress is not subject to the same constitutional limitations, as when it is legislating for the United States. …And in general the guaranties of the Constitution, save as they are limitations upon the exercise of executive and legislative power when exerted for or over our insular possessions, extend to them only as Congress, in the exercise of its legislative power over territory belonging to the United States, has made those guarantees applicable.” Hooven & Allison & Co. vs Evatt, 324 U.S. 652 (1945)

  “The idea prevails with some indeed, it found expression in arguments at the bar that we have in this country substantially or practically two national governments; one to be maintained under the Constitution, with all its restrictions; the other to be maintained by Congress outside and independently of that instrument, by exercising such powers as other nations of the earth are accustomed to exercise.”
  “I take leave to say that if the principles thus announced should ever receive the sanction of a majority of this court, a radical and mischievous change in our system of government will be the result. We will, in that event, pass from the era of constitutional liberty guarded and protected by a written constitution into an era of legislative absolutism.”
  “It will be an evil day for American liberty if the theory of a government outside of the supreme law of the land finds lodgment in our constitutional jurisprudence. No higher duty rests upon this court than to exert its full authority to prevent all violation of the principles of the constitution.” Downes vs Bidwell, 182 U.S. 244 (1901)

  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 seatbelt 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 judgment is rendered is entitled to recover proportional shares of judgment 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. 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 Rubin 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 at 269, 20 U2d 403


Footnote #13

ADDENDUM

I have just discovered the following two endnotes. They completely confirm in a very final 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 Rothschild’s 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

KING JOHN's Concession of England and Ireland to the Pope

Britannia: Sources of British History (1213)

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

BILL of RIGHTS, 1689

Britannia: Sources of British History

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.