winona rosa

Tuesday, February 22, 2011

THE UNITED STATES IS STILL A BRITISH COLONY

Illuminati III Murdered by The Monarchs



THE UNITED STATES

IS STILL A BRITISH COLONY



EXTORTING



TAXES FOR THE CROWN!



A DOCUMENTARY REVIEW



OF CHARTERS AND TREATIES



August 17, 1996



An introduction by the "Informer"



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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

amendment so that without the lawyers the King could not continue

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

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

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

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

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

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

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

from the wreck found in Florida waters supports this premise.

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

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

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

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

The Informer.





The United States is still a British Colony



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

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

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

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

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

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

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

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

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

truth.



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

books that our freedom came from the Declaration of Independence

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

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

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

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

of England granted our fore fathers license to settle and colonize

America. The definition for license is as follows.



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

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

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

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



Keep in mind those that came to America from England were

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

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



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

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

1914.



"Constitutional Law. One that owes allegiance to a sovereign

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

subjects of the British government. Men in free governments are

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

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

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

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

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



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

better understand what definition of citizen is really being used

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

law.



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

of private civil rights, including those accruing under the Roman

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

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

century the distinction was abolished and all subjects were

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

Dictionary, 1914.



The king was making a commercial venture when he sent his

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

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

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

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

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

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

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

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

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

resources with the risk of total loss.



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

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



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

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

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

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

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

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

the right and exercised the power to regulate every aspect of

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

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

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

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

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

America.

This brings us to the Declaration of Independence. Our

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

the covenant between king and subject. The main complaint was

taxation without representation, which was reaffirmed in the early

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

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

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

hear their demands and grant relief, separation from England became

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

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

On Me" was the standard borne by the militias.



The Revolutionary War was fought and concluded when Cornwallis

surrendered to Washington at Yorktown. As Americans we have been

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

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

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



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

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

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

negotiate this Treaty of peace in a position of strength and

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

John Adams negotiated a Treaty of further granted privileges from

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

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

negotiated this Treaty. For the Americans it was Benjamin Franklin

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

His title includes Esquire.



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

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

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

signified by this status, see the below definitions.



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

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

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

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

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

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

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



561-562



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

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

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

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



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

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

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

king was David Hartley Esqr..



Benjamin Franklin was the main negotiator for the terms of the

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

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

subjection and loyalty to the crown.



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

America are relinquished, except for his claim to continue

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

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

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

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

papers on money you will understand that the financiers were

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

with this Treaty?

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

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

States defeated England, how is the king granting rights to

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

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

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

would void any sovereignty gained by the Declaration of

Independence and the Revolutionary War? If we had won the

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

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

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

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

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

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

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

king and insure the subjection of future unaware generations.

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

property for the chance to be free.



When Cornwallis surrendered to Washington he surrendered the

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

Cornwallis at Yorktown (footnote 3)



Jonathan Williams recorded in his book, Legions of Satan,

1781, that Cornwallis revealed to Washington during his surrender

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

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

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

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

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

the British Empire."

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

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



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

retained financial subjection through debt owed after the Treaty,

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

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

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

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

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

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

almost the same percentage:



-CITE-

26 USC Sec. 1491

HEAD-

Sec. 1491. Imposition of tax

-STATUTE-

There is hereby imposed on the transfer of property by a

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

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

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

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

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

percent of the excess of -

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

over

(2) the sum of -

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

property in the hands of the transferor, plus

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

at the time of the transfer.

-SOURCE-

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

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

Pub. L.

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

-MISC1-

AMENDMENTS

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

'trust' wherever appearing.

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

par.

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

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

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

'stocks and securities' and in par.

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

subpar. (B).

EFFECTIVE DATE OF 1978 AMENDMENT

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

amendments made by this paragraph (amending this section and

section 1492 of this title) shall apply to transfers after

October 2, 1975.'

EFFECTIVE DATE OF 1976 AMENDMENT

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

amendments made by this section (enacting section 1057 of

this title, amending this section and section 1492 of this

title, and renumbering former section 1057 as 1058 of this

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

1975.'

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

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

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

is a quote from the king speaking to Parliament after the

Revolutionary War had concluded.

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

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

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

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

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

those essential rights and permanent interests, upon the

maintenance and preservation of which the future strength and

security of the country must forever depend." The determined

language of this speech, pointing to the continuance of the

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

Commons.

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

Commons that a resolution should be adopted declaring it to be

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

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

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

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

gold, silver and copper.



The new war was to be fought without Americans being aware

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

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

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

this was done and exposes some of the main players.



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

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

from the original American Charters.



The following is the definition of tribute (tax).

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

his subjects to sustain the expenses of the state.

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

superior potentate, to secure the friendship or protection of the

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



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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

the Department of Treasury, List of Active Information Collections,



Approved Under Paperwork Reduction Act, you will find this form

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

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

interests-statement of withholding on dispositions, by foreign

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

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

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

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

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

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

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

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

financial servitude since the Treaty of 1783.



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

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

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

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

was great controversy among the American people about this Treaty.

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

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

This is 13 years after America supposedly won the Revolutionary

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

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

concerning the collection of debt and damages, the British

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

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

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

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

confiscation if Britain found said material going to its enemies

ports. Who won the Revolutionary War?



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

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

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

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



Early on in our history the king was satisfied with the

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

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

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

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

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

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

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

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

Constitution. The purpose for this Amendment was to stop anyone

from serving in the government who was receiving a Title of

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

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

honor.


The War of 1812 served several purposes. It delayed the

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

destroy the evidence of the first 12 states ratification of this



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

the Congress to reestablish the Bank Charter in 1816 after the

Treaty of Ghent was ratified by the Senate in 1815.



Forgotten Amendment



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

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

Title of nobility."



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

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

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

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

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

from any King, Prince, or foreign State."



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

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

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

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

Attainder, ex post facto of Law impairing the Obligation of

Contracts, or grant any Title of nobility."



There was however, no measurable penalty for violation of the

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

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

1810 Senator Reed proposed the Thirteenth Amendment, and on April

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

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

submitted to the seventeen states for ratification. The Amendment

reads as follows:



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

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

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

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

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

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

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



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

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

qualities which constitute distinction of rank in civil society,

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

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

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

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



The fore-mentioned Sections in the Constitution for the united

States, and the above proposed Thirteenth Amendment sought to

prohibit the above definition, which would give any advantage or

privilege to some citizens an unequal opportunity to achieve or

exercise political power. Thirteen of the seventeen states listed

below understood the importance of this Amendment.

Date admitted Date voted for Date voted against

to the Union the Amendment the Amendment



1788 Maryland Dec. 25, 1810

1792 Kentucky Jan. 31, 1811

1803 Ohio Jan. 31, 1811



1787 Delaware Feb. 2, 1811

1787 Pennsylvania Feb. 6, 1811

1787 New Jersey Feb. 13, 1811

1791 Vermont Oct. 24, 1811

1796 Tennessee Nov. 21, 1811

1788 Georgia Dec. 13, 1811

1789 North Carolina Dec. 23, 1811

1788 Massachusetts Feb. 27, 1812

1788 New Hampshire Dec. 10, 1812

1788 Virginia March 12, 1819

1788 New York March 12, 1811

1788 Connecticut May 1813

1788 South Carolina December 7, 1813

1790 Rhode Island September 15, 1814

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

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

film):



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

published an edition of the laws of this Commonwealth in which

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

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



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

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

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

Virginia's 1819 ratification spread throughout the states and both

Rhode Island and Kentucky published the new Amendment in 1822.

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

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

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

Edition. Indiana published the new Amendment in the Indiana

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

published the new Amendment in 1833; Ohio published the new

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

states that voted against the new Amendment published the new

Amendment in 1835. Wisconsin Territory published the new Amendment

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

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

new Amendment in 1855; and Nebraska Territory published the new

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

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

printing, the present Thirteenth Amendment (slavery Amendment) was

listed as the Fourteenth Amendment. The repeated reprinting of the

Amended united States Constitution is conclusive evidence of its

passage.

Also, as evidence of the new Thirteenth Amendments impending

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

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

been assigned. The letter reads:



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

acceptance on your part of the Commission under which it was

granted did not interfere with your citizenship.

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

amendment to the constitution by the acceptance of such an

appointment from any foreign Government, a citizen of the United

States ceases to enjoy that character, and becomes incapable of

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

either of them... J.Q.A.



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

lawyers have assumed political and economic advantages over the

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

(lawyers) may run for political office.



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

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

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

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

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

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

and their decision was final and considered conclusive. In Article

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

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

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

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

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

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

Supreme Court had declared the states and their citizens property

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

Congress. This was further declared by the following Presidential

quotes, where they declared to violate the states rights would

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

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

sentiment was changing and slavery was quickly disappearing. The

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

Constitution which supported these rights. Read the following

quotes of Presidents just before the Civil War:

Also, as evidence of the new Thirteenth Amendments impending

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

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

been assigned. The letter reads:



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

acceptance on your part of the Commission under which it was

granted did not interfere with your citizenship.

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

amendment to the constitution by the acceptance of such an

appointment from any foreign Government, a citizen of the United

States ceases to enjoy that character, and becomes incapable of

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

either of them... J.Q.A.



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

lawyers have assumed political and economic advantages over the

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

(lawyers) may run for political office.



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

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

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

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

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

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

and their decision was final and considered conclusive. In Article

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

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

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

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

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

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

Supreme Court had declared the states and their citizens property

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

Congress. This was further declared by the following Presidential

quotes, where they declared to violate the states rights would

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

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

sentiment was changing and slavery was quickly disappearing. The

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

Constitution which supported these rights. Read the following

quotes of Presidents just before the Civil War:

"I believe that involuntary servitude, as it exists in

different States of this Confederacy, is recognized by the

Constitution. I believe that it stands like any other admitted

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

remedies to enforce the constitutional provisions." Franklin

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

the Presidents, vol. 5.



"The whole Territorial question being thus settled upon the

principle of popular sovereignty-a principle as ancient as free

government itself-everything of a practical nature has been

decided. No other question remains for adjustment, because all

agree that under the Constitution slavery in the States is beyond

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

themselves wherein it exists." James Buchanan Inaugural Address,

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



"I cordially congratulate you upon the final settlement by the

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

the Territories, which had presented an aspect so truly formidable

at the commencement of my Administration. The right has been

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

including slaves, into the common Territories belonging equally to

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



under the Federal Constitution. Neither Congress nor a Territorial

legislature nor any human power has any authority to annul or

impair this vested right. The supreme judicial tribunal of the

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

sanctioned and affirmed these principles of constitutional law, so

manifestly just in themselves and so well calculated to promote

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

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

vol. 5.



So there is no misunderstanding I am not rearguing slavery.

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

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

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

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

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

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

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

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

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

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

the Civil War.



The southern States were not fighting so much for the slave

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

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

knowing they would soon be forfeited by the American people through

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

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

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

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

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

or socialist government, but is under a republican form of

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

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

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

corruption of the Constitution and government representatives,

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

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

Washington had vision during the Revolutionary War, concerning the

Civil War. You need to read it. footnote 7



Civil War and The Conquest that followed

The government and press propaganda that the War was to free

the black people from slavery is ridiculous, once you understand

the Civil War Thirteenth and Fourteenth Amendments. The black

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

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

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

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

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

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

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



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

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

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

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

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

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

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



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

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

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

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

rights, what about you unalienable natural rights under God

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

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

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

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

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

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

Again this is financial servitude.



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

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

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

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

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

The king controlled the government by the time the North won

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

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

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

not for England destroying our documents in 1812 and the covering

up of state documents of the original 13th Amendment.



According to International law, what took place when the North

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

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

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

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

conquered state remain in force until the conquering state wishes

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

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

the law no longer lies with the American people through the

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

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

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

Constitution derived its power from the people, when they were

defeated, so was the Constitution.



The following is the definition of Conquest:

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

arms, exercised by an independent power which reduces the

vanquished to submission to its empire."

"The intention of the conqueror to retain the conquered

territory is generally manifested by formal proclamation of

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



retain the conquered territory, the transfer of sovereignty is

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

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

"The effects of conquest are to confer upon the conquering

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

former with the rights and obligations of the latter; treaties

entered into by the conquered state with other states remain

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

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

state with sovereignty over the subjects of the conquered state.

Among subjects of the conquered state are to be included persons

domiciled in the conquered territory who remain there after the

annexation. The people of the conquered state change their

allegiance but not their relations to one another." Leitensdorfer

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

"After the transfer of political jurisdiction to the conqueror

the municipal laws of the territory continue in force until

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

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

Bouvier's Law Dictionary



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

the southern states to accept the Fourteenth Amendment? The laws

of America, the Constitution were changed by the conquering

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

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

The Fourteenth Amendment says the government debt can not be

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

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

the government debt and making the American people sureties for the

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

bankers.

The conquering state is known as a Belligerent, read the

following quotes.



Belligerency, is International Law

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

insurgents, by which their hostilities are legalized. Before they

can be recognized as belligerents they must have some sort of

political organization and be carrying on what is international law

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

two political bodies, each of which exercises de facto authority

over persons within a determined territory, and commands an army

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

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

organized civil authority directing the army."

"The exact point at which revolt or insurrection becomes

belligerency is often extremely difficult to determine; and

belligerents are not usually recognized by nations unless they have

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

territory where the belligerency is supposed to exist is contiguous

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

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

serious results of recognizing belligerency is that it frees the



parent country from all responsibility for what takes place within

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

Law Dictionary



Belligerent, In International Law.

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

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

organized government are regarded as conducting lawful hostilities.

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

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

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

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



According to the International law no law has been broken.

Read the following about military occupation, notice the third

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

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

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

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

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

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

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

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

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

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

executive capacity, not under any Constitutional authority. Read

the following.

Military Occupation

"This at most gives the invader certain partial and limited

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

original owner remain intact. Conquest gives the conqueror full

rights of sovereignty and, retroactively, legalizes all acts done

by him during military occupation. Its only essential is actual

and exclusive possession, which must be effective."

"A conqueror may exercise governmental authority, but only

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

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

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

"The occupant administers the government and may, strictly

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

of the occupant to make as few changes in the ordinary

administration of the laws as possible, though he may proclaim

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

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

subsequent conquest would probably complete the title..."

"Private lands and houses are usually exempt. Private movable

property is exempt, though subject to contributions and

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

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

destruction of private property, and hostile acts of communities or

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

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

refuses to capitulate and is carried by assault. When military

occupation ceases, the state of things which existed previously is



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

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

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

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

in operation by the action of the appropriate political department

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

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

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

incorporated the territory into the United States, neither military

occupation nor cession by treaty makes it domestic territory, in

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

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

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

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

Bouvier's Law Dictionary

Paragraph 1-3 of the definition of Military Occupation

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

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

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

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

the subsequent Conquest completed the title. When was the next

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

being declared enemies of the Conquer and by their declaring war

against all Americans. Read the following quotes and also

(footnote 8).



The following are excerpts from the Senate Report, 93rd

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

Of The National Emergency United States Senate.



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

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

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

the means of production; seize commodities; assign military forces

abroad; institute martial law; seize and control all transportation

and communication; regulate the operation of private enterprise;

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

lives of all American citizens.

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

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

governmental procedures guaranteed by the Constitution have, in

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

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

ways shaped the present phenomenon of a permanent state of national

emergency.



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

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

rules, licenses, orders and proclamations heretofore or hereafter

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

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

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

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

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

48 Stat. 1)





It is clear that the Bankrupt, defacto government of the

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

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

in effect issued under its Admiralty Law, Letters of Marque

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

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

sheriffs, waged war against the American People and has classed

Americans as enemy aliens.



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

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

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

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

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

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

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

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

is also called a letter of marque."



Words and Phrases, Dictionary

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

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

declares war against another sovereign, it is understood the whole

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

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

existence of the war they continue enemies, in whatever country

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

territory occupied by the belligerents, although they are in fact

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

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



So we find ourselves enemies in our own country and subjects

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

possibility of fair representation.



The government has, through the laws of forfeiture, taken

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

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

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

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

The fraudulent Amendments and legislation that followed the Civil

War, bankrupted the American People and put the privateers

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

booty to their partners in crime (government).



The following is the definition of a tyrant.

Webster's New Universal Unabridged Dictionary defines tyrant

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

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

who exercises his authority in an oppressive manner, a cruel

master."



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

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

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

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

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

House (1965)].





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

under Military Occupation and that you are under Executive control

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

including silent contracts and by Military Occupation.



Notice the last sentence in paragraph 5, Congress may

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

restrictions of the Constitution. See also Harvard Law Review -

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

government, you have a military dictatorship, controlled by the

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

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



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

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

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

tion...

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

constitutional limitations, as when it is legislating for the

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

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

and legislative power when exerted for or over our insular

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

its legislative power over territory belonging to the United

States, has made those guarantees applicable."

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



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

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

practically two national governments; one to be maintained under

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

maintained by Congress outside and independently of that instru-

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

accustomed to exercise.

I take leave to say that if the principles thus announced

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

radical and mischievous change in our system of government will be

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

tional liberty guarded and protected by a written constitution into

an era of legislative absolutism.

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

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

in our constitutional jurisprudence. No higher duty rests upon

this court than to exert its full authority to prevent all

violation of the principles of the constitution."

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

A Military Flag





And to further confirm and understand the significance of what

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

States flag. Read the following.



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

U.S.C..

"The flag of the United States shall be thirteen horizontal

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

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

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

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



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

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

controlled by statute, but within the discretion of the President

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

483.



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

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

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

following.



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

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

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

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

the United states designates this deviation from the regular flag,

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

the Armed forces."



From the National Encyclopedia, Volume 4:

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

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

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

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

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

carried by dismounted troops. Colors and Standards are more nearly

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

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

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



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

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

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

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

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

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

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

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

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

the world, and demonstrates his relation to the owners and

freighters as their agent for a specific purpose and with power

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

Dictionary, 1914.



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

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

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



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

result in jurisdictional implication when flown. The Plaintiff

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

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

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

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

those contracts with the shipmaster that he either submit to its

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

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

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



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

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

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

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

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

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

You have only to read the previous Senates report on National

Emergency, to understand the Constitution and our Constitutional

form of government no longer exists.





Further Evidence

Social Security

I fail to understand how the American people could have been

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

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

redistribution of wealth, right out of the communist manifesto.

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

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

number, and a requirement to receive benefits from the conquers

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

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

kings way of binding those involved with commerce with him.



"The Social Security system may be accurately described as a

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

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

[301 U.S., at 640]



"My judgment accordingly is, that policies of insurance are

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

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

#3776, at page 444 (1815)



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

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

definition.



Contribution. Right of one who has discharged a common

liability to recover of another also liable, the aliquot portion

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

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

recover proportional shares of judgement from other joint tort-

feasor whose negligence contributed to the injury and who were also

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

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

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

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

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

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

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

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



Thereby making you obligated for the national debt. The

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

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

have asked voluntarily for his protection, you have accomplished

the following. You have admitted that you are equally responsible

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



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

being a Fourteenth Amendment citizen, who only has civil rights

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

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

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

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

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



Congress has transferred its Constitutional obligation of

coining money to the federal reserve, the representatives of the

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

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

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

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

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

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

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

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

financial servitude to someone else. The someone else is our

children.



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

dollar federal reserve note you have stolen the groceries and

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

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

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

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

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

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

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

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

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

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

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

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

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

slavery.



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

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

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

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

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

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

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

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

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

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

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



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

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

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

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



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

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

actual Conquest and Military Occupation. The Civil War was the

beginning of the Conquest, as evidenced by the Fourteenth

Amendment. This Amendment did several things, as already

mentioned. It created the only citizenship available to the

conquered and declared that these citizens had no standing in any

court to challenge the monetary policies of the new government.

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

venture. The Amendment also eliminated your use of natural rights

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

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

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

without merit, the evidence is conclusive.





Nothing has changed since before the Revolutionary War.



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

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

Admiralty Jurisdiction Contract. Admiralty Jurisdiction is the

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

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

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

properly governed by the special rules applicable to Admiralty

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

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

Maritime Jurisdiction, and so Maritime is the private Commerce that

transpires in a marine environment. At least, that distinction

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

more. George Mercier, Invisible Contracts, 1984.



What Lincoln and Jefferson said about the true American danger

was very prophetic.



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

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

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

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

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

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

finisher. Abraham Lincoln



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

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

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

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

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

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

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

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

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

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

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

a convulsion. Thomas Jefferson



Below are the political platforms of the Democrats and the

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



plain socialism. They are both leading America to a World

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

the British empire or promoted by the British.



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

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

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

Social Security Act we are determined to erect a structure of

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

shall keep step with the ever increasing capacity of America to

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

PARTY PLATFORM OF 1936, at page 360, infra.



"Real security will be possible only when our productive

capacity is sufficient to furnish a decent standard of living for

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

contingencies. For the attainment of that ultimate objective, we

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

to our system of free enterprise.

"Society has an obligation to promote the security of the

people, by affording some measure of protection against involuntary

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

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

endangered it.

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

following principles:

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

each generation the support of the aged and the determination of

what is just and adequate.

2. Every American citizen over 65 should receive a

supplemental payment necessary to provide a minimum income

sufficient to protect him or her from want.

3. Each state and territory, upon complying with simple

and general minimum standards, should receive from the Federal

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

a fixed maximum.

4. To make this program consistent with sound fiscal

policy the Federal revenues for this purpose must be provided from

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

benefitted and all should contribute.

"We propose to encourage adoption by the states and

territories of honest and practical measures for meeting the

problems of employment insurance.

"The unemployment insurance and old age annuity of the present

Social Security Act are unworkable and deny benefits to about

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

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

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

- REPUBLICAN PARTY PLATFORM OF 1936, at page 366.

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

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

Illinois (1973)





CONCLUSION



Jesus gave us the most profound warning and advise of all

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

This being our understanding and spiritual development in His Word.

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

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

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

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

secret subterfuge practiced by the lawyers and bankers. Only with

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

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

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

deceit and deception they practice.



Another reason, the working class have been unable to

understand their enslavement, is because of the time spent working

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

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

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

the upper class controlling public education, to limit and focus

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



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

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

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

working class were busy making this the greatest Country in the

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

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

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

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

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

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

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

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

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

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

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

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

recognized, victory will never be attainable. Only through

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

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

Country has been conquered, when Jesus Christ returns he conquers

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

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

by THE LAW, God Almighty.



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

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

reached through Knowledge is Freedom BBS.



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

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

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

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

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

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

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

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

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



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

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

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

subsistence by hiring ourselves to rivet their chains on the necks

of our fellow sufferers..."

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





FOOTNOTES





Footnote 1

FIRST CHARTER OF VIRGINIA

(1606)



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

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

typical example of the documents issued by the British government,

authorizing

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

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

America claimed by Great Britain.]



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

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

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

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

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

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

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

would vouchsafe unto them our License (authors footnote: remember

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

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

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

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

not now actually possessed by any Christian Prince or People,

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

and thirty Degrees of Northerly Latitude from the Equinoctial Line,

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

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

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

the Coasts thereof;

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

of their said intended Plantation and Habitation there, are

desirous to divide themselves into two several Colonies and

Companies; The one consisting of certain Knights, Gentlemen,

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

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

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

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

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

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

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

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

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

to begin their Plantation and Habitation in some fit and convenient

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

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

America, as that Coast lyeth:



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

their Desires for the Furtherance of so noble a Work, which may, by

the Providence of Almighty God, hereafter tend to the Glory of his

Divine Majesty, in propagating of Christian Religion to such

People, as yet live in Darkness and miserable Ignorance of the true

Knowledge and Worship of God, and may in time bring the Infidels

and Savages, living in those Parts, to human Civility, and to a

settled and quiet Government; DO, by these our Letters Patents,

graciously accept of, and agree to, their humble and well-intended

Desires;

IV. And do therefore, for Us, our Heirs, and Successors, GRANT

and agree, that the said Sir Thomas Gates, Sir George Somers,

Richard Hackluit, and Edward-Maria Wingfield, Adventurers of and

for our City of London, and all such others, as are, or shall be,

joined unto them of that Colony, shall be called the first Colony;

And they shall and may begin their said first Plantation and

Habitation, at any Place upon the said Coast of Virginia or

America, where they shall think fit and convenient, between the

said four and thirty and one and forty Degrees of the said

Latitude; And that they shall have all the Lands, Woods, Soil,

Grounds, Havens, Ports, Rivers, Mines, Minerals, Marshes, Waters,

Fishings, Commodities, and Hereditaments, whatsoever, from the said

first Seat of their Plantation and Habitation by the Space of fifty

Miles of English Statute Measure, all along the said Coast of

Virginia and America, towards the West and South west, as the Coast

lyeth, with all the Islands within one hundred Miles directly over

against the same Sea Coast; And also all the Lands, Soil, Grounds,

Havens, Ports, Rivers, Mines, Minerals, Woods, Waters, Marshes,

Fishings, Commodities, and Hereditaments, whatsoever, from the said

Place of their first Plantation and Habitation for the space of

fifty like English Miles all alongst the said Coast of Virginia and

America, towards the East and Northeast, or towards the North, as

the Coast lyeth, together with all the Islands within one hundred

Miles, directly over against the said Sea Coast; And also all the

Lands, Woods, Soil, Grounds, Havens, Ports, Rivers, Mines,

Minerals, Marshes,Waters, Fishings, Commodities, and Hereditaments,

whatsoever, from the same fifty Miles every way on the Sea Coast,

directly into the main Land by the Space of one hundred like

English Miles; And shall and may inhabit and remain there; and

shall and may also build and fortify within any the same, for their

better Safeguard and Defence, according to their best Discretion,

and the Discretion of the Council of that Colony; And that no other

of our Subjects shall be permitted, or suffered, to plant or

inhabit behind, or on the Backside of them, towards the main Land,

without the Express License or Consent of the Council of that

Colony, thereunto in Writing first had and obtained.

V. And we do likewise, for Us, our Heirs, and Successors, by

these Presents, GRANT and agree, that the said Thomas Hanham, and

Ralegh Gilbert, William Parker, and George Popham, and all others

of the Town of Plimouth in the County of Devon, or else-where,



which are, or shall be, joined unto them of that Colony, shall be

called the second Colony; And that they shall and may begin their

said Plantation and Seat of their first Abode and Habitation, at

any Place upon the said Coast of Virginia and America, where they

shall think fit and convenient, between eight and thirty Degrees of

the said Latitude, and five and forty Degrees of the same Latitude;

And that they shall have all the Lands, Soils, Grounds, Havens,

Ports, Rivers, Mines, Minerals, Woods, Marshes, Waters, Fishings,

Commodities, and Hereditaments, whatsoever from the first Seat of

their Plantation and Habitation by the Space of fifty like English

Miles as is aforesaid, all alongst the said Coast of Virginia and

America, towards the West and Southwest, or towards the South, as

the Coast lyeth, and all the Islands within one hundred Miles,

directly over against the said Sea Coast; And also all the Lands,

Soils, Grounds, Havens, Ports, Rivers, Mines, Minerals, Woods,

Marshes, Waters, Fishings, Commodities, and Hereditaments,

whatsoever, from the said Place of their first Plantation and

Habitation for the Space of fifty like Miles, all amongst the said

Coast of Virginia and America, towards the East and Northeast, or

towards the North, as the Coast lyeth, and all the Islands also

within one hundred Miles directly over against the same Sea Coast;

And also all the Lands, Soils, Grounds, Havens, Ports, Rivers,

Woods, Mines, Minerals, Marshes, Waters, Fishings, Commodities, and

Hereditaments, whatsoever, from the same fifty Miles every way on

the Sea Coast, directly into the main Land, by the Space of one

hundred like English Miles; And shall and may inhabit and remain

there; and shall and may also build and fortify within any the

same for their better Safeguard, according to their best

Discretion, and the Discretion of the Council of that Colony; And

that none of our Subjects shall be permitted, or suffered, to plant

or inhabit behind, or on the back of them, towards the main Land,

without the express License of the Council of that Colony, in

Writing thereunto first had and obtained.

VI. Provided always, and our Will and Pleasure herein is,

that the Plantation and Habitation of such of the said Colonies, as

shall last plant themselves, as aforesaid, shall not be made within

one hundred like English Miles of the other of them, that first

began to make their Plantation, as aforesaid.

VII. And we do also ordain, establish, and agree, for Us, our

Heirs, and Successors, that each of the said Colonies shall have a

Council, which shall govern and order all Matters and Causes, which

shall arise, grow, or happen, to or within the same several

Colonies, according to such Laws, Ordinances, and Instructions, as

shall be, in that behalf, given and signed with Our Hand or Sign

Manual, and pass under the Privy Seal of our Realm of England; Each

of which Councils shall consist of thirteen Persons, to be

ordained, made, and removed, from time to time, according as shall

be directed, and comprised in the same instructions; And shall have

a several Seal, for all Matters that shall pass or concern the same



several Councils; Each of which Seals shall have the King's Arms

engraven on the one Side thereof, and his Portraiture on the other

And that the Seal for the Council of the said first Colony shall

have engraven round about, on the one side, these Words; Sigillum

Regis Magnae Britanniae, Franciae, & Hiberniae; on the other Side

this Inscription, round about; Pro Concilio primae Coloniae

Virginiae. And the seal for the Council of the said second Colony

shall also have engraven, round about the one Side thereof, the

aforesaid Words; Sigillum Regis Magnae, Britanniae, Franciae,

& Hiberniae; and on the other Side; Pro Concilio secundae Coloniae

Virginiae:

VIII. And that also there shall be a Council established here

in England, which shall, in like Manner, consist of thirteen

Persons, to be, for that Purpose, appointed by Us, our Heirs and

Successors, which shall be called our Council of Virginia; And

shall, from time to time, have the superior Managing and Direction,

only of and for all Matters, that shall or may concern the

Government, as well of the said several Colonies, as of and for any

other Part or Place, within the aforesaid Precincts of four and

thirty and five and forty Degrees, above-mentioned; Which Council

shall, in like manner, have a Seal, for Matters concerning the

Council of Colonies, with the like Arms and Portraiture, as

aforesaid, with this Inscription, engraven round about on the one

Side; Sigillum Regis Magnae Britanniae, Franciae, & Hiberniae; and

round about the other side, Pro Concilio suo Virginiae.

IX. And moreover, we do GRANT and agree, for Us, our Heirs and

Successors, that the said several Councils, of and for the said

several Colonies, shall and lawfully may, by Virtue hereof, from

time to time, without any Interruption of Us, our Heirs, or

Successors, give and take Order, to dig, mine, and search for all

Manner of Mines of Gold, Silver, and Copper, as well within any

part of their said several Colonies, as for the said main Lands on

the Back-side of the same Colonies; And to Have and enjoy the Gold,

Silver, and Copper, to be gotten thereof, to the Use and Behoof of

the same Colonies, and the Plantations thereof; YIELDING therefore,

to Us, our Heirs and Successors, the fifth Part only of all the

same Gold and Silver, and the fifteenth Part of all the same

Copper, so to be gotten or had, as is aforesaid, without any other

Manner or Profit or Account, to be given or yielded to Us, our

Heirs, or Successors, for or in Respect of the same:

X. And that they shall, or lawfully may, establish and cause

to be made a Coin, to pass current there between the People of

those several Colonies, for the more Ease of Traffick and

Bargaining between and amongst them and the Natives there, of such

Metal, and in such Manner and Form, as the said several Councils

there shall limit and appoint.

XI. And we do likewise, for Us, our Heirs, and Successors, by

these Presents, give full Power and Authority to the said Sir

Thomas Gates, Sir George Somers, Richard Hackluit, Edward-Maria

Wingfield, Thomas Hanham, Ralegh Gilbert, William Parker, and

George Popham, and to every of them, and to the said several



Companies, Plantations, and Colonies, that they, and every of them,

shall and may, at all and every time and times hereafter, have,

take, and lead in the said Voyage, and for and towards the said

several Plantations and Colonies, and to travel thitherward, and

to abide and inhabit there, in every the said Colonies and

Plantations, such and so many of our Subjects, as shall willingly

accompany them, or any of them, in the said Voyages and

Plantations; With sufficient Shipping and Furniture of Armour,

Weapons, Ordinance, Powder, Victual, and all other things,

necessary for the said Plantations, and for their Use and Defence

there: PROVIDED always, that none of the said Persons be such, as

shall hereafter be specially restrained by Us, our Heirs, or

Successors.

XII. Moreover, we do, by these Presents, for Us, our Heirs,

and Successors, GIVE AND GRANT License unto the said Sir Thomas

Gates, Sir George Somers, Richard Hackluit, Edward-Maria Wingfield,

Thomas Hanham, Ralegh Gilbert, William Parker, and George Popham,

and to every of the said Colonies, that they, and every of them,

shall and may, from time to time, and at all times for ever

hereafter, for their several Defences, encounter, expulse, repel,

and resist, as well by Sea as by Land, by all Ways and Means

whatsoever, all and every such Person and Persons, as without the

especial License of the said several Colonies and Plantations,

shall attempt to inhabit within the said several Precincts and

Limits of the said several Colonies and Plantations, or any of

them, or that shall enterprise or attempt, at any time hereafter,

the Hurt, Detriment, or Annoyance, of the said several Colonies or

Plantations.

XIII. Giving and granting, by these Presents, unto the said

Sir Thomas Gates, Sir George Somers, Richard Hackluit, Edward-Maria

Wingfield, and their Associates of the said first Colony, and unto

the said Thomas Hanham, Ralegh Gilbert, William Parker, and George

Popham, and their Associates of the said second Colony, and to

every of them, from time to time, and at all times for ever

hereafter, Power and Authority to take and surprise, by all Ways

and Means whatsoever, all and every Person and Persons, with their

Ships, Vessels, Goods and other Furniture, which shall be found

trafficking, into any Harbour or Harbours, Creek or Creeks, or

Place, within the Limits or Precincts of the said several Colonies

and Plantations, not being of the same Colony, until such time, as

they, being of any Realms or Dominions under our Obedience, shall

pay, or agree to pay, to the Hands of the Treasurer of that Colony,

within whose Limits and Precincts they shall so traffick, two and

a half upon every Hundred, of any thing, so by them trafficked,

bought, or sold; And being Strangers, and not Subjects under our

Obeysance, until they shall pay five upon every Hundred, of such

Wares and Merchandise, as they shall traffick, buy, or sell, within

the Precincts of the said several Colonies, wherein they shall so

traffick, buy, or sell, as aforesaid, WHICH Sums of Money, or

Benefit, as aforesaid, for and during the Space of one and twenty

Years, next ensuing the Date hereof, shall be wholly emploied to



the Use, Benefit, and Behoof of the said several Plantations, where

such Traffick shall be made; And after the said one and twenty

Years ended, the same shall be taken to the Use of Us, our Heirs,

and Successors, by such Officers and Ministers, as by Us, our

Heirs, and Successors, shall be thereunto assigned or appointed.

XIV. And we do further, by these Presents, for Us, our Heirs,

and Successors, GIVE AND GRANT unto the said Sir Thomas Gates, Sir

George Somers, Richard Hackluit, and Edward-Maria Wingfield, and to

their Associates of the said first Colony and Plantation, and to

the said Thomas Hanham, Ralegh Gilbert, William Parker, and George

Popham, and their Associates of the said second Colony and

Plantation, that they, and every of them, by their Deputies,

Ministers and Factors, may transport the Goods, Chattels, Armour,

Munition, and Furniture, needful to be used by them, for their said

Apparel, Food, Defence, or otherwise in Respect of the said

Plantations, out of our Realms of England and Ireland, and all

other our Dominions, from time to time, for and during the Time of

seven Years, next ensuing the Date hereof, for the better Relief of

the said several Colonies and Plantations, without any Custom,

Subsidy, or other Duty, unto Us, our Heirs, or Successors, to be

yielded or paid for the same.



XV. Also we do, for Us, our Heirs, and Successors, DECLARE,

by these Presents, that all and every the Persons, being our

Subjects, which shall dwell and inhabit within every or any of the

said several Colonies and Plantations, and every of their children,

which shall happen to be born within any of the Limits and

Precincts of the said several Colonies and Plantations, shall HAVE

and enjoy all Liberties, Franchises, and Immunities, within any of

our other Dominions, to all Intents and Purposes, as if they had

been abiding and born, within this our Realm of England, or any

other of our said Dominions.

XVI. Moreover, our gracious Will and Pleasure is, and we do,

by these Presents, for Us, our Heirs, and Successors, declare and

set forth, that if any Person or Persons, which shall be of any of

the said Colonies and Plantations, or any other, which shall

traffick to the said Colonies and Plantations, or any of them,

shall, at any time or times hereafter, transport any Wares,

Merchandises, or Commodities, out of any of our Dominions, with a

Pretence to land, sell, or otherwise dispose of the same, within

any the Limits and Precincts of any the said Colonies and

Plantations, and yet nevertheless, being at Sea, or after he hath

landed the same within any of the said Colonies and Plantations,

shall carry the same into any other Foreign Country, with a Purpose

there to sell or dispose of the same, without the License of Us,

our Heirs, and Successors, in that Behalf first had and obtained;

That then, all the Goods and Chattels of such Person or Persons, so

offending and transporting, together with the said Ship or Vessel,

wherein such Transportation was made, shall be forfeited to Us, our

Heirs, and Successors.

XVII. Provided always, and our Will and Pleasure is, and we do

hereby declare to all Christian Kings, Princes, and States, that if



any Person or Persons, which shall hereafter be of any of the said

several Colonies and Plantations, or any other, by his, their or

any of their License and Appointment, shall, at any time or times

hereafter, rob or spoil, by Sea or by Land, or do any Act of unjust

and unlawful Hostility, to any the Subjects of Us, our Heirs, or

Successors, or any the Subjects of any King, Prince, Ruler,

Governor, or State, being then in League or Amity with Us, our

Heirs, or Successors, and that upon such Injury, or upon just

Complaint of such Prince, Ruler, Governor, or State, or their

Subjects, We, our Heirs, or Successors, shall make open

Proclamation, within any of the Ports of our Realm of England,

commodious for that Purpose, That the said Person or Persons,

having committed any such Robbery or Spoil, shall, within the Term

to be limited by such Proclamations make full Restitution or

Satisfaction of all such Injuries done, so as the said Princes, or

others, so complaining, may hold themselves fully satisfied and

contented; And that, if the said Person or Persons, having

committed such Robbery or Spoil, shall not make, or cause to be

made, Satisfaction accordingly, within such Time so to be limited,

That then it shall be lawful to Us, our Heirs, and Successors, to

put the said Person or Persons, having committed such Robbery or

Spoil, and their Procurers, Abetters, or Comforters, out of our

Allegiance and Protection; And that it shall be lawful and free,

for all Princes and others, to pursue with Hostility the said

Offenders, and every of them, and their and every of their

Procurers, Aiders, Abetters, and Comforters, in that Behalf.

XVIII. And finally, we do, for Us, our Heirs, and Successors,

GRANT and agree, to and with the said Sir Thomas Gates, Sir George

Somers, Richard Hackluit, and Edward-Maria Wingfield, and all

others of the said first Colony, that We, our Heirs, and

Successors, upon Petition in that Behalf to be made, shall, by

Letters-patent under the Great Seal of England, GIVE and GRANT unto

such Persons, their Heirs, and Assigns, as the Council of that

Colony, or the most Part of them, shall, for that Purpose nominate

and assign, all the Lands, Tenements, and Hereditaments, which

shall be within the Precincts limited for that Colony, as is

aforesaid, TO BE HOLDEN OF US, our Heirs, and Successors, as of our

Manor at East-Greenwich in the County of Kent, in free and common

Soccage only, and not in Capite:

XIX. And do, in like Manner, Grant and Agree, for Us, our

Heirs, and Successors, to and with the said Thomas Hanham, Ralegh

Gilbert, William Parker, and George Popham, and all others of the

said second Colony, That We, our Heirs, and Successors, upon

Petition in that Behalf to be made, shall, by Letters-patent under

the Great Seal of England, GIVE and GRANT unto such Persons, their

Heirs, and Assigns, as the Council of that Colony, or the most Part

of them, shall, for that Purpose, nominate and assign, all the

Lands, Tenements, and Hereditaments, which shall be within the

Precincts limited for that Colony, as is aforesaid TO BE HOLDEN OF

US, our Heirs, and Successors, as of our Manour of East-Greenwich



in the County of Kent, in free and common Soccage only, and not in

Capite.

XX. All which Lands, Tenements, and Hereditaments, so to be

passed by the said several Letters-patent, shall be sufficient

Assurance from the said Patentees, so distributed and divided

amongst the Undertakers for the Plantation of the said several

Colonies, and such as shall make their Plantations in either of the

said several Colonies, in such Manner and Form, and for such

Estates, as shall be ordered and set down by the Council of the

said Colony, or the most Part of them, respectively, within which

the same Lands, Tenements, and Hereditaments shall lye or be;

Although express Mention of the true yearly Value or Certainty of

the Premises, or any of them, or of any other Gifts or Grants, by

Us or any of our Progenitors or Predecessors, to the aforesaid Sir

Thomas Gates, Knt. Sir George Somers, Knt. Richard Hackluit,

Edward-Maria Wingfield, Thomas Hanham, Ralegh Gilbert, William

Parker, and George Popham, or any of them, heretofore made, in

these Presents, is not made; Or any Statute, Act, Ordinance, or

Provision, Proclamation, or Restraint, to the contrary hereof had,

made, ordained, or any other Thing, Cause, or Matter whatsoever, in

any wise notwithstanding. In Witness whereof we have caused these

our Letters to be made Patents; Witness Ourself at Westminster, the

tenth Day of April, in the fourth Year of our Reign of England,

France, and Ireland, and of Scotland the nine and thirtieth.





Footnote 2



THE PARIS PEACE TREATY (PEACE TREATY of 1783):



In the name of the most holy and undivided Trinity.



It having pleased the Divine Providence to dispose the hearts

of the most serene and most potent Prince George the Third, by

the grace of God, king of Great Britain, France, and Ireland,

defender of the faith, duke of Brunswick and Lunebourg, arch-

treasurer and prince elector of the Holy Roman Empire etc., and

of the United States of America, to forget all past

misunderstandings and differences that have unhappily interrupted

the good correspondence and friendship which they mutually wish to

restore, and to establish such a beneficial and satisfactory

intercourse, between the two countries upon the ground of

reciprocal advantages and mutual convenience as may promote and

secure to both perpetual peace and harmony; and having for this

desirable end already laid the foundation of peace and

reconciliation by the Provisional Articles signed at Paris on the

30th of November 1782, by the commissioners empowered on each part,

which articles were agreed to be inserted in and constitute the

Treaty of Peace proposed to be concluded between the Crown of Great

Britain and the said United States, but which Treaty was not to be

concluded until terms of peace should be agreed upon between Great

Britain and France and his Britannic Majesty should be ready to

conclude such Treaty accordingly; and the Treaty between Great

Britain and France having since been concluded, his Britannic

Majesty and the United States of America, in order to carry into

full effect the Provisional Articles above mentioned, according to



the tenor thereof, have constituted and appointed, that is to say

his Britannic Majesty on his part, David Hartley, Esqr., member of

the Parliament of Great Britain, and the said United States on

their part, John Adams, Esqr., late a commissioner of the United

States of America at the court of Versailles, late delegate in

Congress from the state of Massachusetts, and chief justice of

the said state, and minister plenipotentiary of the said United

States to their high mightinesses the States General of the

United Netherlands; Benjamin Franklin, Esqr., late delegate in

Congress from the state of Pennsylvania, president of the

convention of the said state, and minister plenipotentiary from

the United States of America at the court of Versailles; John

Jay, Esqr., late president of Congress and chief justice of the

state of New York, and minister plenipotentiary from the said

United States at the court of Madrid; to be plenipotentiaries

for the concluding and signing the present definitive Treaty;

who after having reciprocally communicated their respective

full powers have agreed upon and confirmed the following articles.





Article 1:



His Brittanic Majesty acknowledges the said United States,

viz., New Hampshire, Massachusetts Bay, Rhode Island and

Providence Plantations, Connecticut, New York, New Jersey,

Pennsylvania, Maryland, Virginia, North Carolina, South Carolina

and Georgia, to be free sovereign and independent states, that

he treats with them as such, and for himself, his heirs, and

successors, relinquishes all claims to the government, propriety,

and territorial rights of the same and every part thereof.



Article 2:



And that all disputes which might arise in future on the

subject of the boundaries of the said United States may be

prevented, it is hereby agreed and declared, that the following

are and shall be their boundaries, viz.; from the northwest

angle of Nova Scotia, viz., that nagle which is formed by a line

drawn due north from the source of St. Croix River to the

highlands; along the said highlands which divide those rivers

that empty themselves into the river St. Lawrence, from those

which fall into the Atlantic Ocean, to the northwesternmost head

of Connecticut River; thence down along the middle of that river

to the forty-fifth degree of north latitude; from thence by a

line due west on said latitude until it strikes the river

Iroquois or Cataraquy; thence along the middle of said river

into Lake Ontario; through the middle of said lake until it

strikes the communication by water between that lake and Lake

Erie; thence along the middle of said communication into Lake

Erie, through the middle of said lake until it arrives at the

water communication between that lake and Lake Huron; thence

along the middle of said water communication into Lake Huron,

thence through the middle of said lake to the water communication

between that lake and Lake Superior; thence through Lake Superior

northward of the Isles Royal and Phelipeaux to the Long Lake;



thence through the middle of said Long Lake and the water

communication between it and the Lake of the Woods, to the said

Lake of the Woods; thence through the said lake to the most

northwesternmost point thereof, and from thence on a due west

course to the river Mississippi; thence by a line to be drawn

along the middle of the said river Mississippi until it shall

intersect the northernmost part of the thirty-first degree of

north latitude, South, by a line to be drawn due east from the

determination of the line last mentioned in the latitude of

thirty-one degrees of the equator, to the middle of the river

Apalachicola or Catahouche; thence along the middle thereof to

its junction with the Flint River, thence straight to the head

of Saint Mary's River; and thence down along the middle of Saint

Mary's River to the Atlantic Ocean; east, by a line to be drawn

along the middle of the river Saint Croix, from its mouth in the

Bay of Fundy to its source, and from its source directly north

to the aforesaid highlands which divide the rivers that fall

into the Atlantic Ocean from those which fall into the river

Saint Lawrence; comprehending all islands within twenty leagues

of any part of the shores of the United States, and lying

between lines to be drawn due east from the points where the

aforesaid boundaries between Nova Scotia on the one part and

East Florida on the other shall, respectively, touch the Bay

of Fundy and the Atlantic Ocean, excepting such islands as now

are or heretofore have been within the limits of the said

province of Nova Scotia.



Article 3:



It is agreed that the people of the United States shall

continue to enjoy unmolested the right to take fish of every

kind on the Grand Bank and on all the other banks of Newfoundland,

also in the Gulf of Saint Lawrence and at all other places in

the sea, where the inhabitants of both countries used at any

time heretofore to fish. And also that the inhabitants of the

United States shall have liberty to take fish of every kind on

such part of the coast of Newfoundland as British fishermen shall

use, (but not to dry or cure the same on that island) and also

on the coasts, bays and creeks of all other of his Brittanic

Majesty's dominions in America; and that the American fishermen

shall have liberty to dry and cure fish in any of the unsettled

bays, harbors, and creeks of Nova Scotia, Magdalen Islands, and

Labrador, so long as the same shall remain unsettled, but so soon

as the same or either of them shall be settled, it shall not be

lawful for the said fishermen to dry or cure fish at such

settlement without a previous agreement for that purpose with

the inhabitants, proprietors, or possessors of the ground.



Article 4:



It is agreed that creditors on either side shall meet with

no lawful impediment to the recovery of the full value in sterling

money of all bona fide debts heretofore contracted.



Article 5:



It is agreed that Congress shall earnestly recommend it to

the legislatures of the respective states to provide for the



restitution of all estates, rights, and properties, which have

been confiscated belonging to real British subjects; and also

of the estates, rights, and properties of persons resident in

districts in the possession on his Majesty's arms and who have

not borne arms against the said United States. And that persons

of any other description shall have free liberty to go to any part

or parts of any of the thirteen United States and therein to

remain twelve months unmolested in their endeavors to obtain the

restitution of such of their estates, rights, and properties as

may have been confiscated; and that Congress shall also earnestly

recommend to the several states a reconsideration and revision

of all acts or laws regarding the premises, so as to render the

said laws or acts perfectly consistent not only with justice and

equity but with that spirit of conciliation which on the return

of the blessings of peace should universally prevail. And that

Congress shall also earnestly recommend to the several states

that the estates, rights, and properties, of such last mentioned

persons shall be restored to them, they refunding to any persons

who may be now in possession the bona fide price (where any has

been given) which such persons may have paid on purchasing any

of the said lands, rights, or properties since the confiscation.



And it is agreed that all persons who have any interest in

confiscated lands, either by debts, marriage settlements, or

otherwise, shall meet with no lawful impediment in the prosecution

of their just rights.



Article 6:



That there shall be no future confiscations made nor any

prosecutions commenced against any person or persons for, or by

reason of, the part which he or they may have taken in the present

war, and that no person shall on that account suffer any future

loss or damage, either in his person, liberty, or property; and

that those who may be in confinement on such charges at the time

of the ratification of the Treaty in America shall be immediately

set at liberty, and the prosecutions so commenced be discontinued.





Article 7:



There shall be a firm and perpetual peace between his

Brittanic Majesty and the said states, and between the subjects

of the one and the citizens of the other, wherefore all hostilities

both by sea and land shall from henceforth cease. All prisoners

on both sides shall be set at liberty, and his Brittanic Majesty

shall with all convenient speed, and without causing any

destruction, or carrying away any Negroes or other property of

the American inhabitants, withdraw all his armies, garrisons, and

fleets from the said United States, and from every post, place,

and harbor within the same; leaving in all fortifications, the

American artilery that may be therein; and shall also order and

cause all archives, records, deeds, and papers belonging to any

of the said states, or their citizens, which in the course of

the war may have fallen into the hands of his officers, to be

forthwith restored and delivered to the proper states and



persons to whom they belong.



Article 8:



The navigation of the river Mississippi, from its source

to the ocean, shall forever remain free and open to the subjects

of Great Britain and the citizens of the United States.



Article 9:



In case it should so happen that any place or territory

belonging to Great Britain or to the United States should have

been conquered by the arms of either from the other before the

arrival of the said Provisional Articles in America, it is

agreed that the same shall be restored without difficulty and

without requiring any compensation.



Article 10:



The solemn ratifications of the present Treaty expedited in

good and due form shall be exchanged between the contracting

parties in the space of six months or sooner, if possible, to

be computed from the day of the signatures of the present Treaty.

In witness whereof we the undersigned, their ministers

plenipotentiary, have in their name and in virtue of our full

powers, signed with our hands the present definitive Treaty and

caused the seals of our arms to be affixed thereto.



Done at Paris, this third day of September in the year of

our Lord, one thousand seven hundred and eighty-three.



D. HARTLEY (SEAL)

JOHN ADAMS (SEAL)

B. FRANKLIN (SEAL)

JOHN JAY (SEAL)



Source: United States, Department of State, "Treaties and Other

International Agreements of the United States of America,

1776-1949", vol 12, pp8-12





Footnote 3





ARTICLES OF CAPITULATION (1781)





Settled between his Excellency General Washington,

Commander-in-Chief of the combined Forces of America and France;

his Excellency the Count de Rochambeau, Lieutenant-General of the

Armies of the King of France, Great Cross of the royal and military

Order of St. Louis, commanding the auxiliary troops of his Most

Christian Majesty in America; and his Excellency the Count de

Grasse, Lieutenant-General of the Naval Armies of his Most

Christian Majesty, Commander of the Order of St. Louis,

Commander-in-Chief of the Naval Army of France in the Chesapeake,

on the one Part; and the Right Honorable Earl Cornwallis,

Lieutenant-General of his Britannic Majesty's Forces, commanding

the Garrisons of York and Gloucester; and Thomas Symonds, Esquire,

commanding his Britannic Majesty's Naval Forces in York River in

Virginia, on the other Part.



Article I. The garrisons of York and Gloucester, including the

officers and seamen of his Britannic Majesty's ships, as well as

other mariners, to surrender themselves prisoners of war to the

combined forces of America and France. The land troops to remain

prisoners to the United States, the navy to the naval army of his

Most Christian Majesty.



Article II. The artillery, arms, accoutrements, military chest, and

public stores of every denomination, shall be delivered unimpaired

to the heads of departments appointed to receive them.



Article III. At twelve o'clock this day the two redoubts on the

left flank of York to be delivered, the one to a detachment of

American infantry, the other to a detachment of French grenadiers.



The garrison of York will march out to a place to be appointed in

front of the posts, at two o'clock precisely, with shouldered arms,

colors cased, and drums beating a British or German march. They are

then to ground their arms, and return to their encampments, where

they will remain until they are despatched to the places of their

destination. Two works on the Gloucester side will be delivered at

one o'clock to a detachment of French and American troops appointed

to possess them. The garrison will march out at three o'clock in

the afternoon; the cavalry with their swords drawn, trumpets

sounding, and the infantry in the manner prescribed for the

garrison of York. They are likewise to return to their encampments

until they can be finally marched off.



Article IV. Officers are to retain their side-arms. Both officers

and soldiers to keep their private property of every kind; and no

part of their baggage or papers to be at any time subject to search

or inspection. The baggage and papers of officers and soldiers

taken during the siege to be likewise preserved for them.

It is understood that any property obviously belonging to the

inhabitants of these States, in the possession of the garrison,

shall be subject to be reclaimed.



Article V. The soldiers to be kept in Virginia, Maryland, or

Pennsylvania, and as much by regiments as possible, and supplied

with the same rations of provisions as are allowed to soldiers in

the service of America. A field-officer from each nation, to wit,

British, Anspach, and Hessian, and other officers on parole, in the

proportion of one to fifty men to be allowed to reside near their

respective regiments, to visit them frequently, and be witnesses of

their treatment; and that their officers may receive and deliver

clothing and other necessaries for them, for which passports are to

be granted when applied for.



Article VI. The general, staff, and other officers not employed as

mentioned in the above articles, and who choose it, to be permitted

to go on parole to Europe, to New York, or to any other American

maritime posts at present in the possession of the British forces,

at their own option; and proper vessels to be granted by the Count

de Grasse to carry them under flags of truce to New York within ten

days from this date, if possible, and they to reside in a district

to be agreed upon hereafter, until they embark. The officers of the

civil department of the army and navy to be included in this

article. Passports to go by land to be granted to those to whom

vessels cannot be furnished.



Article VII. Officers to be allowed to keep soldiers as servants,

according to the common practice of the service. Servants not

soldiers are not to be considered as prisoners, and are to be

allowed to attend their masters.



Article VIII. The Bonetta sloop-of-war to be equipped, and

navigated by its present captain and crew, and left entirely at the

disposal of Lord Cornwallis from the hour that the capitulation is

signed, to receive an aid-de-camp to carry despatches to Sir Henry

Clinton; and such soldiers as he may think proper to send to New

York, to be permitted to sail without examination. When his



despatches are ready, his Lordship engages on his part, that the

ship shall be delivered to the order of the Count de Grasse, if she

escapes the dangers of the sea. That she shall not carry off any

public stores. Any part of the crew that may be deficient on her

return, and the soldiers passengers, to be accounted for on her

delivery.



Article X. The traders are to preserve their property, and to be

allowed three months to dispose of or remove them; and those

traders are not to be considered as prisoners of war.

The traders will be allowed to dispose of their effects, the allied

army having the right of preemption. The traders to be considered

as prisoners of war upon parole.



Article X. Natives or inhabitants of different parts of this

country, at present in York or Gloucester, are not to be punished

on account of having joined the British army.

This article cannot be assented to, being altogether of civil

resort.



Article XI. Proper hospitals to be furnished for the sick and

wounded. They are to be attended by their own surgeons on parole;

and they are to be furnished with medicines and stores from the

American hospitals.

The hospital stores now at York and Gloucester shall be delivered

for the use of the British sick and wounded. Passports will be

granted for procuring them further supplies from New York, as

occasion may require; and proper hospitals will be furnished for

the reception of the sick and wounded of the two garrisons.



Article XII. Wagons to be furnished to carry the baggage of the

officers attending the soldiers, and to surgeons when travelling on

account of the sick, attending the hospitals at public expense.

They are to be furnished if possible.

Article XIII. The shipping and boats in the two harbours, with all

their stores, guns, tackling, and apparel, shall be delivered up in

their present state to an officer of the navy appointed to take

possession of them, previously unloading the private property, part

of which had been on board for security during the siege.



Article XIV. No article of capitulation to be infringed on pretence

of reprisals; and if there be any doubtful expressions in it, they

are to be interpreted according to the common meaning and

acceptation of the words.



Done at Yorktown, in Virginia, October 19th, 178l.



Cornwallis, Thomas Symonds.



Done in the Trenches before Yorktown, in Virginia, October 19th,

1781.



George Washington, Le Comte de Rochambeau,



Le Comte de Barras, En mon nom & celui du Comte de Grasse.







Footnote 4



Though the debate on this subject was continued till two

o'clock in the morning, and though the opposition received

additional strength, yet the question was not carried. The same

ground of argument was soon gone over again, and the American war

underwent, for the fourth time since the beginning of the session,

a full discussion; but no resolution, disapproving its farther

prosecution, could yet obtain the assent of a majority of the

members. The advocates for peace becoming daily more numerous, it

was moved by Gen. Conway that "a humble address be presented to his

Majesty, that he will be pleased to give directions to his



ministers not to pursue any longer the impracticable object of

reducing his Majesty's revolted colonies by force to their

allegiance, by a war on the continent of America." This brought

forth a repetition of the former arguments on the subject, and

engaged the attention of the house till two o'clock in the morning.

On a division, the motion for the address was lost by a single

vote...

The ministry as well as the nation began to be sensible of the

impolicy of continental operations, but hoped that they might gain

their point, by prosecuting hostilities at sea. Every opposition

was therefore made by them against the total dereliction (i.e.,

abandonment) of a war, on the success of which they had so

repeatedly pledged themselves, and on the continuance of which they

held their places. General Conway in five days after (Feb. 27),

brought forward another motion expressed in different words, but to

the same effect with that which he had lost be a single vote. This

caused a long debate which lasted till two o'clock in the morning.

It was then moved to adjourn the debate till the 13th of March.

There appeared for the adjournment 215 and against it 234.

The original motion, and an address to the King formed upon

the resolution were then carried without division, and the address

was ordered to be presented by the whole house.

To this his majesty answered, "that in pursuance of their

advice, he would take such measures as should appear to him the

most conducive to the restoration of harmony, between Great Britain

and the revolted colonies." The thanks of the house were voted for

this answer. But the guarded language thereof, not inconsistent

with farther hostilities against America; together with other

suspicious circumstances, induced General Conway to move another

resolution, expressed in the most decisive language. This was to

the following effect that, "The house would consider as enemies to

his majesty and the country, all those who should advise or by any

means attempt the further prosecution of offensive war, on the

continent of North America, for the purpose of reducing the

colonies to obedience by force." This motion after a feeble

opposition was carried without a division, and put a period to all

that chicanery by which ministers meant to distinguish between a

prosecution of offensive war in North America, and a total

dereliction of it. This resolution and the preceding address, to

which it had reference, may be considered as the closing scene of

the American war (emphasis added).

The History of the American Revolution, Vol. 2, Ramsay, 617-9.



Footnote 5



The Jay Treaty

Treaty of Amity Commerce and Navigation Concluded November 19,

1794; ratification advised by the senate with amendment June 24,

1795; ratified by the President; ratifications exchanged October

28, 1795; proclaimed February 29, 1796.

I. Amity. Discrimination on vessels, imports, etc.

II. Withdrawal of forces; vessels, imports, etc. Consuls.

III. Commerce and navigation; duties. Capture or detention of

neutrals

IV. Survey of the Mississippi. Contraband.

V. St. Croix River XIX. Officers passengers



VI. Indemnification by on neutrals. United States. XX. Pirates.

VII. Indemnification by Great XXI. Commission from foreign Britain.

states.

VIII. Expenses. XXII. Reprisals.

IX. Land tenures. XXIII. Ships of war.

X. Private debts, etc. XXIV. Foreign privateers.

XI. Liberty of navigation XXV. Prizes. and commerce. XXVI.

Reciprocal treatment

XII. West India trade; duties. of citizens in war.

XIII. East India trade; duties. XXVII. Extradition.

XIV. Commerce and Navigation. XXVIII. Limitation of Article XII:

ratification.



His Britannic Majesty and the United States of America, being

desirous, by a Treaty of amity, commerce and navigation, to

terminate their difference in such a manner, as, without reference

to the merits of their respective complaints and pretentions, may

be the best calculated to produce mutual satisfaction and good

understanding; and also to regulate the commerce and navigation

between their respective countries, territories and people, in such

a manner as to render the same reciprocally beneficial and

satisfactory; they have, respectively, named their

Plenipotentiaries, and given them full powers to treat of, and

conclude the said Treaty, that is to say:



His Britannic Majesty has named for his Plenipotentiary, the

Right Honorable William Wyndham Baron Grenville of Wotton, one of

His Majesty's Privy Council, and His Majesty's Principal Secretary

of State for Foreign Affairs; and the President of the said United

States, by and with the advice and consent of the Senate thereof,

hath appointed for their Plenipotentiary, the Honorable John Jay,

Chief Justice of the said United States, and their Envoy

Extraordinary to His Majesty;



Who have agreed on and concluded the following articles:

ARTICLE I.



There shall be a firm, inviolable and universal peace, and a

true and sincere friendship between His Britannic Majesty, his

heirs and successors, and the United States of America; and between

their respective countries, territories, cities, towns and people

of every degree, without exception of persons or places.



ARTICLE II.



His Majesty will withdraw all his troops and garrisons from

all posts and places within the boundary lines assigned by the

Treaty of peace to the United States. This evacuation shall take

place on or before the first day of June, one thousand seven

hundred and ninety six, and all the proper measures shall in the

interval be taken by concert between the Government of the United

States and His Majesty's Governor-General in America for settling

the previous arrangements which may be necessary respecting the

delivery of the said posts: The United States in the mean time, at

their discretion, extending their settlements to any part within

the said boundary line, except within the precincts or jurisdiction

of any of the said posts. All settlers and traders, within the

precincts or jurisdiction of the said posts, shall continue to

enjoy, unmolested, all their property of every kind, and shall be

protected therein. They shall be at full liberty to remain there,

or to remove with all or any part of their effects; and it shall

also be free to them to sell their lands, houses or effects, or to



retain the property thereof, at their discretion; such of them as

shall continue to reside within the said boundary lines, shall not

be compelled to become citizens of the United States, or to take

any oath of allegiance to the Government thereof; but they shall be

at full liberty so to do if they think proper, and they shall make

and declare their election within one year after the evacuation

aforesaid. And all persons who shall continue there after the

expiration of the said year, without having declared their

intention of remaining subjects of His Britannic Majesty, shall be

considered as having elected to become citizens of the United

States.



ARTICLE III.



It is agreed that it shall at all times be free to His

Majesty's subjects, and to the citizens of the United States, and

also to the Indians dwelling on either side of the said boundary

line, freely to pass and repass by land or inland navigation, into

the respective territories and countries of the two parties, on the

continent of America, (the country within the limits of the

Hudson's Bay Company only excepted.) and to navigate all the lakes,

rivers and waters thereof, and freely to carry on trade and

commerce with each other. But it is understood that this article

does not extend to the admission of vessels of the United States

into the seaports, harbours, bays or creeks of His Majesty's said

territories; nor into such parts of the rivers in His Majesty's

said territories as are between the mouth thereof, and the highest

port of entry from the sea, except in small vessels trading bona

fide between Montreal and Quebec, under such regulations as shall

be established to prevent the possibility of any frauds in this

respect. Nor to the admission of British vessels from the sea into

the rivers of the United States, beyond the highest ports of entry

for foreign vessels from the sea. The river Mississippi shall,

however, according to the Treaty of peace, be entirely open to both

parties; and it is further agreed, that all the ports and places on

its eastern side, to whichsoever of the parties belonging, may

freely be resorted to and used by both parties, in as ample a

manner as any of the Atlantic ports or places of the United States,

or any of the ports or places of His Majesty in Great Britain.



All goods and merchandize whose importation into His Majesty's

said territories in America shall not be entirely prohibited, may

freely, for the purposes of commerce, be carried into the same in

the manner aforesaid, by the citizens of the United States, and

such goods and merchandize shall be subject to no higher or other

duties than would be payable by His Majesty's subjects on the

importation of the same from Europe into the said territories. And

in like manner all goods and merchandize whose importation into the

United States shall not be wholly prohibited, may freely, for the

purposes of commerce, be carried into the same, in the manner

aforesaid, by His Majesty's subjects, and such goods and

merchandize shall be subject to no higher or other duties than

would be payable by the citizens of the United States on the

importation of the same in American vessels into the Atlantic ports



of the said States. And all goods not prohibited to be exported

from the said territories respectively, may in like manner be

carried out of the same by the two parties respectively, paying

duty as aforesaid.



No duty of entry shall ever be levied by either party on

peltries brought by land or inland navigation into the said

territories respectively, nor shall the Indians passing or

repassing with their own proper goods and effects of whatever

nature, pay for the same any impost or duty whatever. But goods in

bales, or other large packages, unusual among Indians, shall not be

considered as goods belonging bona fide to Indians.



No higher or other tolls or rates of ferriage than what are or

shall be payable by natives, shall be demanded on either side; and

no duties shall be payable on any goods which shall merely be

carried over any of the portages or carrying places on either side,

for the purpose of being immediately reembarked and carried to some

other place or places. But as by this stipulation it is only meant

to secure to each party a free passage across the portages on both

sides, it is agreed that this exemption from duty shall extend only

to such goods as are carried in the usual and direct road across

the portage, and are not attempted to be in any manner sold or

exchanged during their passage across the same, and proper

regulations may be established to prevent the possibility of any

frauds in this respect.



As this article is intended to render in a great degree the

local advantages of each party common to both, and thereby to

promote a disposition favorable to friendship and good

neighborhood, it is agreed that the respective Governments will

mutually promote this amicable intercourse, by causing speedy and

impartial justice to be done, and necessary protection to be

extended to all who may be concerned therein.



ARTICLE IV.



Whereas it is uncertain whether the river Mississippi extends

so far to the northward as to be intersected by a line to be drawn

due west from the Lake of the Woods, in the manner mentioned in the

Treaty of peace between His Majesty and the United States: it is

agreed that measures shall be taken in concert between His

Majesty's Government in America and the Government of the United

States, for making a joint survey of the said river from one degree

of latitude below the falls of St. Anthony, to the principal source

or sources of the said river, and also of the parts adjacent

thereto; and that if, on the result of such survey, it should

appear that the said river would not be intersected by such a line

as is above mentioned, the two parties will thereupon proceed, by

amicable negotiation, to regulate the boundary line in that

quarter, as well as all other points to be adjusted between the

said parties, according to justice and mutual convenience, and in

conformity to the intent of the said Treaty.



ARTICLE V.



Whereas doubts have arisen what river was truly intended under

the name of the river St. Croix, mentioned in the said Treaty of

peace, and forming a part of the boundary therein described; that

question shall be referred to the final decision of commissioners



to be appointed in the following manner. viz.:

One commissioner shall be named by His Majesty, and one by the

President of the United States, by and with the advice and consent

of the Senate thereof, and the said two commissioners shall agree

on the choice of a third; or if they cannot so agree, they shall

each propose one person, and of the two names so proposed, one

shall be drawn by lot in the presence of the two original

Commissioners.



And the three Commissioners so appointed shall be sworn,

impartially to examine and decide the said question, according to

such evidence as shall respectively be laid before them on the part

of the British Government and of the United States. The said

Commissioners shall meet at Halifax, and shall have power to

adjourn to such other place or places as they shall think fit. They

shall have power to appoint a Secretary, and to employ such

surveyors or other persons as they shall judge necessary. The said

Commissioners shall, by a declaration, under their hands and seals,

decide what river is the river St. Croix, intended by the Treaty.

The said declaration shall contain a description of the said river,

and shall particularize the latitude and longitude of its mouth and

of its source. Duplicates of this declaration and of the statements

of their accounts, and of the journal of their proceedings, shall

be delivered by them to the agent of His Majesty, and to the agent

of the United States, who may be respectively appointed and

authorized to manage the business on behalf of the respective

Governments.

And both parties agree to consider such decision as final and

conclusive, so as that the same shall never thereafter be called

into question, or made the subject of dispute or difference between

them.



ARTICLE VI.



Whereas it is alleged by divers British merchants and others

His Majesty's subjects, that debts, to a considerable amount, which

were bona fide contracted before the peace, still remain owing to

them by citizens or inhabitants of the United States, and that by

the operation of various lawful impediments since the peace, not

only the full recovery of the said debts has been delayed, but also

the value and security thereof have been, in several instances,

impaired and lessened, so that, by the ordinary course of judicial

proceedings, the British creditors cannot now obtain, and actually

have and receive full and adequate compensation for the losses and

damages which they have thereby sustained: It is agreed, that in

all such cases, where full compensation for such losses and damages

cannot, for whatever reason, be actually obtained, had and received

by the said creditors in the ordinary course of justice, the United

States will make full and complete compensation for the same to the

said creditors: But it is distinctly understood, that this

provision is to extend to such losses only as have been occasioned

by the lawful impediments aforesaid, and is not to extend to losses

occasioned by such insolvency of the debtors or other causes as

would equally have operated to produce such loss, if the said

impediments had not existed; nor to such losses or damages as have



been occasioned by the manifest delay or negligence, or wilful

omission of the claimant.



For the purpose of ascertaining the amount of any such losses

and damages, five Commissioners shall be appointed and authorized

to meet and act in manner following, viz.: Two of them shall be

appointed by His Majesty, two of them by the President of the

United States by and with the advice and consent of the Senate

thereof, and the fifth by the unanimous voice of the other four;

and if they should not agree in such choice, then the Commissioners

named by the two parties shall respectively propose one person, and

of the two names so proposed, one shall be drawn by lot, in the

presence of the four original Commissioners. When the five

Commissioners thus appointed shall first meet, they shall, before

they proceed to act, respectively take the following oath, or

affirmation, in the presence of each other; which oath, or

affirmation, being so taken and duly attested, shall be entered on

the record of their proceedings, viz.: I, A. B., one of the

Commissioners appointed in pursuance of the sixth article of the

Treaty of Amity, Commerce and Navigation, between His Britannic

Majesty and the United States of America, do solemnly swear (or

affirm) that I will honestly, diligently, impartially and carefully

examine, and to the best of my judgment, according to justice and

equity, decide all such complaints, as under the said article shall

be preferred to the said Commissioners: and that I will forbear to

act as a Commissioner, in any case in which I may be personally

interested.



Three of the said Commissioners shall constitute a board, and

shall have power to do any act appertaining to the said Commission,

provided that one of the Commissioners named on each side, and the

fifth Commissioner shall be present, and all decisions shall be

made by the majority of the voices of the Commissioners than

present. Eighteen months from the day on which the said

Commissioners shall form a board, and be ready to proceed to

business, are assigned for receiving complaints and applications;

but they are nevertheless authorized, in any particular cases in

which it shall appear to them to be reasonable and just, to extend

the said term of eighteen months for any term not exceeding six

months, after the expiration thereof. The said Commissioners shall

first meet at Philadelphia, but they shall have power to adjourn

from place to place as they shall see cause.



The said Commissioners in examining the complaints and

applications so preferred to them, are empowered and required in

pursuance of the true intent and meaning of this article to take

into their consideration all claims, whether of principal or

interest, or balances of principal and interest and to determine

the same respectively, according to the merits of the several

cases, due regard being had to all the circumstances thereof, and

as equity and justice shall appear to them to require. And the said

Commissioners shall have power to examine all such persons as shall

come before them on oath or affirmation, touching the premises; and

also to receive in evidence, according as they may think most



consistent with equity and justice, all written depositions, or

books, or papers, or copies, or extracts thereof, every such

deposition, book, or paper, or copy, or extract, being duly

authenticated either according to the legal form now respectively

existing in the two countries, or in such other manner as the said

Commissioners shall see cause to require or allow.



The award of the said Commissioners, or of any three of them

as aforesaid, shall in all cases be final and conclusive both as to

the justice of the claim, and to the amount of the sum to be paid

to the creditor or claimant; and the United States undertake to

cause the sum so awarded to be paid in specie to such creditor or

claimant without deduction; and at such time or times and at such

place or places, as shall be awarded by the said Commissioners; and

on condition of such releases or assignments to be given by the

creditor or claimant, as by the said Commissioners may be directed:

Provided always, that no such payment shall be fixed by the said

Commissioners to take place sooner than twelve months from the day

of the exchange of the ratifications of this Treaty.



ARTICLE VII.

Whereas complaints have been made by divers merchants and

others, citizens of the United States, that during the course of

the war in which His Majesty is now engaged, they have sustained

considerable losses and damage, by reason of irregular or illegal

captures or condemnations of their vessels and other property,

under color of authority or commissions from His Majesty, and that

from various circumstances belonging to the said cases, adequate

compensation for the losses and damages so sustained cannot now be

actually obtained, had, and received by the ordinary course of

judicial proceedings; it is agreed, that in all such cases, where

adequate compensation cannot, for whatever reason, be now actually

obtained, had, and received by the said merchants and others, in

the ordinary course of justice, full and complete compensation for

the same will be made by the British Government to the said

complainants.

But it is distinctly understood that this provision is not to

extend to such losses or damages as have been occasioned by the

manifest delay or negligence, or wilful omission of the claimant.



That for the purpose of ascertaining the amount of any such

losses and damages, five Commissioners shall be appointed and

authorized to act in London, exactly in the manner directed with

respect to those mentioned in the preceding article, and after

having taken the same oath or affirmation, (mutatis mutandis,) the

same term of eighteen months is also assigned for the reception of

claims, and they are in like manner authorized to extend the same

in particular cases. They shall receive testimony, books, papers

and evidence in the same latitude, and exercise the like discretion

and powers respecting that subject; and shall decide the claims in

question according to the merits of the several cases, and to

justice, equity and the laws of nations. The award of the said

Commissioners, or any such three of them as aforesaid, shall in

all cases be final and conclusive, both as to the justice of the



claim, and the amount of the sum to be paid to the claimant; and

His Britannic Majesty undertakes to cause the same to be paid to

such claimant in specie, without any deduction, at such place or

places, and at such time or times, as shall be awarded by the said

Commissioners, and on condition of such releases or assignments to

be given by the claimant, as by the said Commissioners may be

directed.



And whereas certain merchants and others, His Majesty s

subjects, complain that, in the course of the war, they have

sustained loss and damage by reason of the capture of their vessels

and merchandise, taken within the limits and jurisdiction of the

States and brought into the ports of the same, or taken by vessels

originally armed in ports of the said States:



It is agreed that in all such cases where restitution shall

not have been made agreeably to the tenor of the letter from Mr.

Jefferson to Mr. Hammond, dated at Philadelphia, September 5, 1793,

a copy of which is annexed to this Treaty; the complaints of the

parties shall be and hereby are referred to the Commissioners to be

appointed by virtue of this article, who are hereby authorized and

required to proceed in the like manner relative to these as to the

other cases committed to them; and the United States undertake to

pay to the complainants or claimants in specie, without deduction,

the amount of such sums as shall be awarded to them respectively

by the said Commissioners, and at the times and places which in

such awards shall be specified; and on condition of such releases

or assignments to be given by the claimants as in the said awards

may be directed: And it is further agreed, that not only the now

existing cases of both descriptions, but also all such as shall

exist at the time of exchanging the ratifications of this Treaty,

shall be considered as being within the provisions, intent and

meaning of this article.



ARTICLE VIII.



It is further agreed that the Commissioners mentioned in this

and in the two preceding articles shall be respectively paid in

such manner as shall be agreed between the two parties such

agreement being to be settled at the time of the exchange of the

ratifications of this Treaty. And all other expenses attending the

said Commissions shall be defrayed jointly by the two parties, the

same being previously ascertained and allowed by the majority of

the Commissioners.

And in the case of death, sickness or necessary absence, the

place of every such Commissioner respectively shall be supplied in

the same manner as such Commissioner was first appointed, and the

new Commissioners shall take the same oath or affirmation and do

the same duties.



ARTICLE IX.



It is agreed that British subjects who now hold lands in the

territories of the United States, and American citizens who now

hold lands in the dominions of His Majesty, shall continue to hold

them according to the nature and tenure of their respective estates

and titles therein; and may grant, sell or devise the same to whom

they please, in like manner as if they were natives and that

neither they nor their heirs or assigns shall, so far as may



respect the said lands and the legal remedies incident thereto, be

regarded as aliens.



ARTICLE X.



Neither the debts due from individuals of the one nation to

individuals of the other, nor shares, nor monies, which they may

have in the public funds, or in the public or private banks, shall

ever in any event of war or national differences be sequestered or

confiscated, it being unjust and impolitic that debts and

engagements contracted and made by individuals having confidence in

each other and in their respective Governments, should ever be

destroyed or impaired by national authority on account of national

differences and discontents.



ARTICLE XI.



It is agreed between His Majesty and the United States of

America, that there shall be a reciprocal and entirely perfect

liberty of navigation and commerce between their respective people,

in the manner, under the limitations, and on the conditions

specified in the following articles.



ARTICLE XII.



His Majesty consents that it shall and may be lawful, during

the time hereinafter limited, for the citizens of the United States

to carry to any of His Majesty's islands and ports in the West

Indies from the United States, in their own vessels, not being

above the burthen of seventy tons, any goods or merchandizes, being

of the growth, manufacture or produce of the said States, which it

is or may be lawful to carry to the said islands or ports from the

said States in British vessels; and that the said American vessels

shall be subject there to no other or higher tonnage duties or

charges than shall be payable by British vessels in the ports of

the United States; and that the cargoes of the said American

vessels shall be subject there to no other or higher duties or

charges than shall be payable on the like articles if imported

there from the said States in British vessels.



And His Majesty also consents that it shall be lawful for the

said American citizens to purchase, load and carry away in their

said vessels to the United States, from the said islands and ports,

all such articles, being of the growth, manufacture or produce of

the said islands, as may now by law be carried from thence to the

said States in British vessels, and subject only to the same duties

and charges on exportation, to which British vessels and their

cargoes are or shall be subject in similar circumstances.



Provided always, that the said American vessels do carry and

land their cargoes in the United States only, it being expressly

agreed and declared that, during the continuance of this article,

the United States will prohibit and restrain the carrying any

molasses, sugar, coffee, cocoa or cotton in American vessels,

either from His Majesty's islands or from the United States to any

part of the world except the United States, reasonable seastores

excepted.

Provided, also, that it shall and may be lawful, during the

same period, for British vessels to import from the said islands

into the United States, and to export from the United States to the

said islands, all articles whatever, being of the growth, produce

or manufacture of the said islands, or of the United States



respectively, which now may, by the laws of the said States, be so

imported and exported. And that the cargoes of the said British

vessels shall be subject to no other or higher duties or charges,

than shall be payable on the same articles if so imported or

exported in American vessels.



It is agreed that this article, and every matter and thing

therein contained, shall continue to be in force during the

continuance of the war in which His Majesty is now engaged; and

also for two years from and after the date of the signature of the

preliminary or other articles of peace, by which the same may be

terminated.



And it is further agreed that, at the expiration of the said

term, the two contracting parties will endeavour further to

regulate

their commerce in this respect, according to the situation in which

His Majesty may then find himself with respect to the West Indies,

and with a view to such arrangements as may best conduce to the

mutual advantage and extension of commerce. And the said parties

will then also renew their discussions, and endeavour to agree,

whether in any and what cases, neutral vessels shall protect

enemy's property; and in what cases provisions and other articles,

not generally contraband, may become such. But in the mean time,

their conduct towards each other in these respects shall be

regulated by the articles hereinafter inserted on those subjects.



ARTICLE XIII.



His Majesty consents that the vessels belonging to the

citizens of the United States of America shall be admitted and

hospitably received in all the seaports and harbors of the British

territories in the East Indies. And that the citizens of the said

United States may freely carry on a trade between the said

territories and the said United States, in all articles of which

the importation or exportation respectively, to or from the said

territories, shall not be entirely prohibited. Provided only, that

it shall not be lawful for them in any time of war between the

British Government and any other Power or State whatever, to export

from the said territories, without the special permission of the

British Government there, any military stores, or naval stores, or

rice. The citizens of the United States shall pay for their vessels

when admitted into the said ports no other or higher tonnage duty

than shall be payable on British vessels when admitted into the

ports of the United States. And they shall pay no other or higher

duties or charges, on the importation or exportation of the cargoes

of the said vessels, than shall be payable on the same articles

when imported or exported in British vessels. But it is expressly

agreed that the vessels of the United States shall not carry any of

the articles exported by them from the said British territories to

any port or place, except to some port or place in America, where

the same shall be unladen and such regulations shall be adopted by

both parties as shall from time to time be found necessary to

enforce the due and faithful observance of this stipulation.

It is also understood that the permission granted by this

article is not to extend to allow the vessels of the United States



to carry on any part of the coasting trade of the said British

territories; but vessels going with their original cargoes, or part

thereof, from one port of discharge to another, are not to be

considered as carrying on the coasting trade. Neither is this

article to be construed to allow the citizens of the said States to

settle or reside within the said territories, or to go into the

interior parts thereof, without the permission of the British

Government established there; and if any transgression should be

attempted against the regulations of the British Government in this

respect, the observance of the same shall and may be enforced

against the citizens of America in the same manner as against

British subjects or others transgressing the same rule. And the

citizens of the United States, whenever they arrive in any port or

harbour in the said territories, or if they should be permitted, in

manner aforesaid, to go to any other place therein, shall always be

subject to the laws, government and jurisdiction of what nature

established in such harbor, port pr place, according as the same

may be. The citizens of the United States may also touch for

refreshment at the island of St. Helena, but subject in all

respects to such regulations as the British Government may from

time to time establish there.



ARTICLE XIV.



There shall be between all the dominions of His Majesty in

Europe and the territories of the United States a reciprocal and

perfect liberty of commerce and navigation. The people and

inhabitants of the two countries, respectively, shall have liberty

freely and securely, and without hindrance and molestation, to come

with their ships and cargoes to the lands, countries, cities,

ports, places and rivers within the dominions and territories

aforesaid, to enter into the same, to resort there, and to remain

and reside there, without any limitation of time. Also to hire and

possess houses and warehouses for the purposes of their commerce,

and generally the merchants and traders on each side shall enjoy

the most complete protection and security for their commerce; but

subject always as to what respects this article to the laws and

statutes of the two countries respectively.



ARTICLE XV.



It is agreed that no other or high duties shall be paid by the

ships or merchandise of the one party in the ports of the other

than such as are paid by the like vessels or merchandize of all

other nations. Nor shall any other or higher duty be imposed in one

country on the importation of any articles the growth, produce or

manufacture of the other, than are or shall be payable on the

importation of the like articles being of the growth, produce or

manufacture of any other foreign country. Nor shall any prohibition

be imposed on the exportation or importation of any articles to or

from the territories of the two parties respectively, which shall

not equally extend to all other nations.



But the British Government reserves to itself the right of

imposing on American vessels entering into the British ports in

Europe a tonnage duty equal to that which shall be payable by

British vessels in the ports of America; and also such duty as may



be adequate to countervail the difference of duty now payable on

the importation of European and Asiatic goods, when imported into

the United States in British or in American vessels



The two parties agree to treat for the more exact equalization

of the duties on the respective navigation of their subjects and

people, in such manner as may be most beneficial to the two

countries.

The arrangements for this purpose shall be made at the same

time with those mentioned at the conclusion of the twelfth article

of this Treaty, and are to be considered as a part thereof. In the

interval it is agreed that the United States will not impose any

new or additional tonnage duties on British vessels, nor increase

the nowsubsisting difference between the duties payable on the

importation of any articles in British or in American vessels.



ARTICLE XVI.



It shall be free for the two contracting parties,

respectively, to appoint Consuls for the protection of trade, to

reside in the dominions and territories aforesaid; and the said

Consuls shall enjoy those liberties and rights which belong to them

by reason of their function. But before any Consul shall act as

such, he shall be in the usual forms approved and admitted by the

party to whom he is sent; and it is hereby declared to be lawful

and proper that, in case of illegal or improper conduct towards the

laws or Government, a Consul may either be punished according to

law, if the laws will reach the case, or be dismissed, or even sent

back, the offended Government assigning to the other their reasons

for the same.



Either of the parties may except from the residence of Consuls

such particular places as such party shall judge proper to be so

excepted.



ARTICLE XVII.



It is agreed that in all cases where vessels shall be captured

or detained on just suspicion of having on board enemy's property,

or of carrying to the enemy any of the articles which are

contraband of war, the said vessels shall be brought to the nearest

or most convenient port; and if any property of an enemy should be

found on board such vessel, that part only which belongs to the

enemy shall be made prize, and the vessel shall be at liberty to

proceed with the remainder without any impediment. And it is agreed

that all proper measures shall be taken to prevent delay in

deciding the cases of ships or cargoes so brought in for

adjudication, and in the payment or recovery of any

indemnification, adjudged or agreed to be paid to the masters or

owners of such ships.



ARTICLE XVIII.



In order to regulate what is in future to be esteemed

contraband of war, it is agreed that under the said denomination

shall be comprised all arms and implements serving for the purposes

of war, by land or sea, such as cannon, muskets, mortars, petards,

bombs, grenades, carcasses, saucisses, carriages for cannon,

musketrests, bandoliers, gunpowder, match, saltpetre, ball, pikes,

swords, headpieces, cuirasses, halberts, lances, javelins,

horsefurniture, holsters, belts, and generally all other implements

of war, as also timber for shipbuilding, tar or rozin, copper in

sheets, sails, hemp, and cordage, and generally whatever may serve



directly to the equipment of vessels, unwrought iron and fir planks

only excepted, and all the above articles are hereby declared to be

just objects of confiscation whenever they are attempted to be

carried to an enemy.



And whereas the difficulty of agreeing on the precise cases in

which alone provisions and other articles not generally contraband

may be regarded as such, renders it expedient to provide against

the inconveniences and misunderstandings which might thence arise:

It is further agreed that whenever any such articles so becoming

contraband, according to the existing laws of nations, shall for

that reason be seized, the same shall not be confiscated, but the

owners thereof shall be speedily and completely indemnified; and

the captors, or, in their default, the Government under whose

authority they act, shall pay to the masters or owners of such

vessels the full value of all such articles, with a reasonable

mercantile profit thereon, together with the freight, and also the

demurrage incident to such detention.



And whereas it frequently happens that vessels sail for a port

or place belonging to an enemy without knowing that the same is

either besieged, blockaded or invested, it is agreed that every

vessel so circumstanced may be turned away from such port or place;

but she shall not be detained, nor her cargo, if not contraband, be

confiscated, unless after notice she shall again attempt to enter,

but she shall be permitted to go to any other port or place she may

think proper; nor shall any vessel or goods of either party that

may have entered into such port or place before the same was

besieged, blockaded, or invested by the other, and be found

thereinafter the reduction or surrender of such place, be liable to

confiscation, but shall be restored to the owners or proprietors

there.



ARTICLE XIX.



And that more abundant care may be taken for the security of

the respective subjects and citizens of the contracting parties,

and to prevent their suffering injuries by the menofwar, or

privateers of either party, all commanders of ships of war and

privateers, and all others the said subjects and citizens, shall

forbear doing any damage to those of the other party or committing

any outrage against them, and if they act to the contrary they

shall be punished, and shall also be bound in their persons and

estates to make satisfaction and reparation for all damages, and

the interest thereof, of whatever nature the said damages may be.



For this cause, all commanders of privateers, before they

receive their commissions, shall hereafter be obliged to give,

before a competent judge, sufficient security by at least two

responsible sureties, who have no interest in the said privateer,

each of whom, together with the said commander, shall be jointly

and severally bound in the sum of fifteen hundred pounds sterling,

or, if such ships be provided with above one hundred and fifty

seamen or soldiers, in the sum of three thousand pounds sterling,

to satisfy all damages and injuries which the said privateer, or

her officers or men, or any of them, may do or commit during their



cruise contrary to the tenor of this Treaty, or to the laws and

instructions for regulating their conduct; and further, that in all

cases of aggressions the said commissions shall be revoked and

annulled.



It is also agreed that whenever a judge of a court of

admiralty of either of the parties shall pronounce sentence against

any vessel or goods or property belonging to the subjects or

citizens of the other party, a formal and duly authenticated copy

of all the proceedings in the cause, and of the said sentence,

shall, if required, be delivered to the commander of the said

vessel, without the smallest delay, he paying all legal fees and

demands for the same.



ARTICLE XX.



It is further agreed that both the said contracting parties

shall not only refuse to receive any pirates into any of their

ports, havens or towns, or permit any of their inhabitants to

receive, protect, harbor, conceal or assist them in any manner, but

will bring to condign punishment all such inhabitants as shall be

guilty of such acts or offences.



And all their ships, with the goods or merchandizes taken by

them and brought into the port of either of the said parties, shall

be seized as far as they can be discovered, and shall be restored

to the owners, or their factors or agents, duly deputed and

authorized in writing by them (proper evidence being first given in

the court of admiralty for proving the property) even in case such

effects should have passed into other hands by sale, if it be

proved that the buyers knew or had good reason to believe or

suspect that they had been piratically taken.



ARTICLE XXI.



It is likewise agreed that the subjects and citizens of the

two nations shall not do any acts of hostility or violence against

each other, nor accept commissions or instructions so to act from

any foreign Prince or State, enemies to the other party; nor shall

the enemies of one of the parties be permitted to invite, or

endeavor to enlist in their military service, any of the subjects

or citizens of the other party; and the laws against all such

offences and aggressions shall be punctually executed. And if any

subject or citizen of the said parties respectively shall accept

any foreign commission or letters of marque for arming any vessel

to act as a privateer against the other party, and be taken by the

other party, it is hereby declared to be lawful for the said party

to treat and punish the said subject or citizen having such

commission or letters of marque as a pirate.



ARTICLE XXII.



It is expressly stipulated that neither of the said

contracting parties will order or authorize any acts of reprisal

against the other, on complaints of injuries or damages, until the

said party shall first have presented to the other a statement

thereof, verified by competent proof and evidence, and demanded

justice and satisfaction, and the same shall either have been

refused or unreasonably delayed.



ARTICLE XXIII.



The ships of war of each of the contracting parties shall, at

all times, be hospitably received in the ports of the other, their

officers and crews paying due respect to the laws and Government of



the country. The officers shall be treated with that respect which

is due to the commissions which they bear, and if any insult should

be offered to them by any of the inhabitants, all offenders in this

respect shall be punished as disturbers of the peace and amity

between the two countries. And His Majesty consents that in case an

American vessel should, by stress of weather, danger from enemies,

or other misfortune, be reduced to the necessity of seeking shelter

in any of His Majesty's ports, into which such vessel could not in

ordinary cases claim to be admitted, she shall, on manifesting that

necessity to the satisfaction of the Government of the place, be

hospitably received, and be permitted to refit and to purchase at

the market price such necessaries as she may stand in need of,

conformably to such orders and regulations at the Government of the

place, having respect to the circumstances of each case, shall

prescribe. She shall not be allowed to break bulk or unload her

cargo, unless the same should be bona fide necessary to her being

refitted. Nor shall be permitted to sell any part of her cargo,

unless so much only as may be necessary to defray her expences, and

then not without the express permission of the Government of the

place. Nor shall she be obliged to pay any duties whatever, except

only on such articles as she may be permitted to sell for the

purpose aforesaid.



ARTICLE XXIV.



It shall not be lawful for any foreign privateers (not being

subjects or citizens of either of the said parties) who have

commissions from any other Prince or State in enmity with either

nation to arm their ships in the ports of either of the said

parties, nor to sell what they have taken, nor in any other manner

to exchange the same; nor shall they be allowed to purchase more

provisions than shall be necessary for their going to the nearest

port of that Prince or State from whom they obtained their

commissions.



ARTICLE XXV.



It shall be lawful for the ships of war and privateers

belonging to the said parties respectively to carry whithersoever

they please the ships and goods taken from their enemies, without

being obliged to pay any fee to the officers of the admiralty, or

to any judges whatever; nor shall the said prizes, when they arrive

at and enter the ports of the said parties, be detained or seized,

neither shall the searchers or other officers of those places visit

such prizes, (except for the purpose of preventing the carrying of

any of the cargo thereof on shore in any manner contrary to the

established laws of revenue, navigation, or commerce,) nor shall

such officers take cognizance of the validity of such prizes; but

they shall be at liberty to hoist sail and depart as speedily as

may be, and carry their said prizes to the place mentioned in their

commissions or patents, which the commanders of the said ships of

war or privateers shall be obliged to show. No shelter or refuge

shall be given in their ports to such as have made a prize upon the

subjects or citizens of either of the said parties; but if forced

by stress of weather, or the dangers of the sea, to enter therein,



particular care shall be taken to hasten their departure, and to

cause them to retire as soon as possible. Nothing in this Treaty

contained shall, however, be construed or operate contrary to

former and existing public treaties with other sovereigns or

States. But the two parties agree that while they continue in amity

neither of them will in future make any treaty that shall be

inconsistent with this or the preceding article.



Neither of the said parties shall permit the ships or goods

belonging to the subjects or citizens of the other to be taken

within cannon shot of the coast, nor in any of the bays, ports or

rivers of their territories, by ships of war or others having

commission from any Prince, Republic or State whatever. But in case

it should so happen, the party whose territorial rights shall thus

have been violated shall use his utmost endeavors to obtain from

the offending party full and ample satisfaction for the vessel or

vessels so taken, whether the same be vessels of war or merchant

vessels.



ARTICLE XXVI.



If at any time a rupture should take place (which God forbid)

between His Majesty and the United States, and merchants and others

of each of the two nations residing in the dominions of the other

shall have the privilege of remaining and continuing their trade,

so long as they behave peaceably and commit no offence against the

laws; and in case their conduct should render them suspected, and

the respective Governments should think proper to order them to

remove, the term of twelve months from the publication of the order

shall be allowed them for that purpose, to remove with their

families, effects and property, but this favor shall not be

extended to those who shall act contrary to the established laws;

and for greater certainty, it is declared that such rupture shall

not be deemed to exist while negociations for accommodating

differences shall be depending, nor until the respective

Ambassadors or Ministers, if such there shall be, shall be recalled

or sent home on account of such differences, and not on account of

personal misconduct, according to the nature and degrees of which

both parties retain their rights, either to request the recall, or

immediately to send home the Ambassador or Minister of the other,

and that without prejudice to their mutual friendship and good

understanding.



ARTICLE XXVII.



It is further agreed that His Majesty and the United States,

on mutual requisitions, by them respectively, or by their

respective Ministers or officers authorized to make the same, will

deliver up to justice all persons who, being charged with murder or

forgery, committed within the jurisdiction of either, shall seek an

asylum within any of the countries of the other, provided that this

shall only be done on such evidence of criminality as, according to

the laws of the place, where the fugitive or person so charged

shall be found, would justify his apprehension and commitment for

trial, if the offence had there been committed. The expence of such

apprehension and delivery shall be borne and defrayed by those who

made the requisition and receive the fugitive.





ARTICLE XXVIII.



It is agreed that the first ten articles of this Treaty shall

be permanent, and that the subsequent articles, except the twelfth,

shall be limited in their duration to twelve years, to be computed

from the day on which the ratifications of this Treaty shall be

exchanged, but subject to this condition. That whereas the said

twelfth article will expire by the limitation therein contained, at

the end of two years from the signing of the preliminary or other

articles of peace, which shall terminate the present war in which

His Majesty is engaged, it is agreed that proper measures shall by

concert be taken for bringing the subject of that article into

amicable Treaty and discussion, so early before the expiration of

the said term as that new arrangements on that head may by that

time be perfected and ready to take place. But if it should

unfortunately happen that His Majesty and the United States should

not be able to agree on such new arrangements, in that case all the

articles of this Treaty, except the first ten, shall then cease and

expire together.



Lastly. This Treaty, when the same shall have been ratified by

His Majesty and by the President of the United States, by and with

the advice and consent of their Senate, and the respective

ratifications mutually exchanged, shall be binding and obligatory

on His Majesty and on the said States, and shall be by them

respectively executed and observed with punctuality and the most

sincere regard to good faith; and whereas it will be expedient, in

order the better to facilitate intercourse and obviate

difficulties, that other articles be proposed and added to this

Treaty, which articles, from want of time and other circumstances,

cannot now be perfected, it is agreed that the said parties will,

from time to time, readily treat of and concerning such articles,

and will sincerely endeavor so to form them as that they may

conduce to mutual convenience and tend to promote mutual

satisfaction and friendship; and that the said articles, after

having been duly ratified, shall be added to and make a part of

this Treaty. In faith whereof we, the undersigned Ministers

Plenipotentiary of His Majesty the King of Great Britain and the

United States of America, have singed this present Treaty, and have

caused to be affixed thereto the seal of our arms.



Done at London this nineteenth day of November, one thousand

seven hundred and ninetyfour.



(SEAL.) GRENVILLE.



(SEAL.) JOHN JAY.

Letter from Thomas Jefferson to George Hammond.



PHILADELPHIA, September 5, 1793.



Sir: I am honored with yours of August 30. Mine of the 7th of that

month assured you that measures were taken for excluding from all

further asylum in our ports vessels armed in them to cruise on

nations with which we are at peace, and for the restoration of the

prizes the Lovely Lass, Prince William Henry, and the Jane of

Dublin; and that should the measures for restitution fail in their

effect, the President considered it as incumbent on the United

States to make compensation for the vessels.





We are bound by our treaties with three of the belligerent

nations, by all the means in our power, to protect and defend their

vessels and effects in our ports, or waters, or on the seas near

our shores, and to recover and restore the same to the right owners

when taken from them. If all the means in our power are used, and

fail in their effect, we are not bound by our treaties with those

nations to make compensation.



Though we have no similar treaty with Great Britain, it was

the opinion of the President that we should use towards that nation

the same rule which, under this article, was to govern us with the

other nations; and even to extend it to captures made on the high

seas and brought into our ports f done by vessels which had been

armed within them.



Having, for particular reasons, forbore to use all the means

in our power for the restitution of the three vessels mentioned in

my letter of August 7th, the President thought it incumbent on the

United States to make compensation for them; and though nothing was

said in that letter of other vessels taken under like

circumstances, and brought in after the 5th of June, and before the

date of that letter, yet when the same forbearance had taken place,

it was and is his opinion, that compensation would be equally due.



As to prizes made under the same circumstances, and brought in

after the date of that letter, the President determined that all

the means in our power should be used for their restitution. If

these fail, as we should not be bound by our treaties to make

compensation to the other Powers in the analogous case, he did not

mean to give an opinion that it ought to be done to Great Britain.

But still, if any cases shall arise subsequent to that date, the

circumstances of which shall place them on similar ground with

those before it, the President would think compensation equally

incumbent on the United States.



Instructions are given to the Governors of the different

States to use all the means in their power for restoring prizes of

this last description found within their ports. Though they will,

of course, take measures to be infomed of them, and the General

Government has given them the aid of the customhouse officers for

this purpose, yet you will be sensible of the importance of

multiplying the channels of their infomation as far as shall

depend on yourself, or any person under your direction, or order

that the Governors may use the means in their power for making

restitution.



Without knowledge of the capture they cannot restore it. It

will always be best to give the notice to them directly; but any

infomation which you shall be pleased to send to me also, at any

time, shall be forwarded to them as quickly as distance will

permit.



Hence you will perceive, sir, that the President contemplates

restitution or compensation in the case before the 7th of August;

and after that date, restitution if it can be effected by any means

in our power. And that it will be important that you should

substantiate the fact that such prizes are in our ports or waters.





Your list of the privateers illicitly armed in our ports is,

I believe, correct.



With respect to losses by detention, waste, spoilation

sustained by vessels taken as before mentioned, between the dates

of June 5th and August 7th, it is proposed as a provisional measure

that the Collector of the Customs of the district, and the British

Consul, or any other person you please, shall appoint persons to

establish the value of the vessel and cargo at the time of her

capture and of her arrival in the port into which she is brought,

according to their value in that port. If this shall be agreeable

to you, and you will be pleased to signify it to me, with the names

of the prizes understood to be of this description, instructions

will be given accordingly to the Collector of the Customs where

the respective vessels are.



I have the honor to be, &c., TH: JEFFERSON. GEO: HAMMOND,

Esq.



ADDITIONAL ARTICLE.



It is further agreed, between the said contracting parties,

that the operation of so much of the twelfth article of the said

Treaty as respects the trade which his said Majesty thereby

consents may be carried on between the United States and his

islands in the West Indies, in the manner and on the terms and

conditions therein specified, shall be suspended.



1796.



EXPLANATORY ARTICLE TO THE THIRD ARTICLE OF THE TREATY OF

NOVEMBER 19, 1794, RESPECTING THE LIBERTY TO PASS AND REPASS THE

BORDERS AND TO CARRY ON TRADE AND COMMERCE.



Concluded May 4, 1796; Ratification advised by Senate May 9,

1796.



Whereas by the third article of the Treaty of amity, commerce

and navigation, concluded at London on the nineteenth day of

November, one thousand seven hundred and ninetyfour, between His

Britannic Majesty and the United States of America, it was agreed

that is should at all times be free to His Majesty's subjects and

to the citizens of the United States, and also to the Indians

dwelling on either side of the boundary line, assigned by the

Treaty of peace to the United States, freely to pass and repass, by

land or inland navigation, into the respective territories and

countries of the two contracting parties, on the continent of

America, (the country within the limits of the Hudson's Bay Company

only excepted,) and to navigate all the lakes, rivers, and waters

thereof, and freely to carry on trade and commerce with each other,

subject to the provisions and limitations contained in the said

article: And whereas by the eighth article of the Treaty of peace

and friendship concluded at Greenville on the third day of August,

one thousand seven hundred and ninety-five, between the United

States and the nations or tribes of Indians called the Wyandots,

Delawares, Shawanoes, Ottawas, Chippewas, Putawatimies, Miamis, Eel

River, Weeas, Kickapoos, Piankashaws, and Kaskaskias, it was

stipulated that no person should be permitted to reside at any of

the towns or the hunting camps of the said Indian tribes, as a

trader, who is not furnished with a licence for that purpose under

the authority of the United States: Which latter stipulation has

excited doubts, whether in its operation it may not interfere with



the due execution of the third article of the Treaty of amity,

commerce and navigation: And it being the sincere desire of His

Britannic Majesty and of the United States that this point should

be so explained as to remove all doubts and promote mutual

satisfaction and friendship: And for this purpose His Britannic

Majesty having named for his Commissioner, Phineas Bond, Esquire,

His Majesty's ConsulGeneral for the Middle and Southern States of

America, (and now His Majesty's Chargé d'Affaires to the

United States,) and the President of the United States having named

for their Commissioner, Timothy Pickering, Esquire, Secretary of

State of the United States, to whom, agreeably to the laws of the

United States, he has intrusted this negotiation: They, the said

Commissioners, having communicated to each other their full powers,

have, in virtue of the same, and conformably to the spirit of the

last article of the said Treaty of amity, commerce and navigation,

entered into this explanatory article, and do by these presents

explicitly agree and declare, that no stipulations in any treaty

subsequently concluded by either of the contracting parties with

any other State or nation, or with any Indian tribe, can be

understood to derogate in any manner from the rights of free

intercourse and commerce, secured by the aforesaid third article of

the Treaty of amity, commerce and navigation, to the subjects of

his Majesty and to the citizens of the United States, and to the

Indians dwelling on either side of the boundary line aforesaid; but

that all the said persons shall remain at full liberty freely to

pass and repass, by land or inland navigation, into the respective

territories and countries of the contracting parties, on either

side of the said boundary line, and freely to carry on trade and

commerce with each other, according to the stipulations of the said

third article of the Treaty of amity, commerce and navigation.



This explanatory article, when the same shall have been

ratified by His Majesty and by the President of the United States,

by and with the advice and consent of their Senate, and the

respective ratifications mutually exchanged, shall be added to and

make a part of the said Treaty of amity commerce and navigation,

and shall be permanently binding upon His Majesty and the United

States.



In witness whereof we, the said Commissioners of His Majesty

the King of Great Britain and the United States of America, have

signed this present explanatory article, and thereto affixed our

seals.

Done at Philadelphia this fourth day of May, in the year of

our Lord one thousand seven hundred and ninetysix.



(SEAL.) P. BOND. (SEAL.) TIMOTHY PICKERING.



1798.



EXPLANATORY ARTICLE TO THE TREATY OF NOVEMBER 19, 1794, RELEASING

THE COMMISSIONERS UNDER THE FIFTH ARTICLE FROM PARTICULARIZING

THE LATITUDE AND LONGITUDE OF THE RIVER ST. CROIX.



Concluded March 15, 1798; Ratification advised by Senate June

5, 1798.



Whereas by the twentyeight article of the Treaty of amity,

commerce, and navigation between His Britannic Majesty and the

United States, signed at London on the nineteenth day of November,



one thousand seven hundred and ninetyfour, it was agreed that the

contracting parties would, from time to time, readily treat of and

concerning such further articles as might be proposed; that they

would sincerely endeavour so to form such articles as that they

might conduce to mutual convenience and tend to promote mutual

satisfaction and ,friendship; and that such articles, after having

been duly ratified, should be added to and make a part of that

Treaty: And whereas difficulties have arisen with respect to the

execution of so much of the fifth article of the said Treaty as

requires that the Commissioners appointed under the same should in

their description particularize the latitude and longitude of the

source of the river which may be found to be the one truly intended

in the Treaty of peace between His Britannic Majesty and the United

States, under the name of the river St. Croix, by reason whereof it

is expedient that the said Commissioners should be released from

the obligation of conforming to the provisions of the said article

in this respect. The undersigned being respectively named by His

Britannic Majesty and the United States of America their

Plenipotentiaries for the purpose of treating of and concluding

such articles as may be proper to be added to the said Treaty, in

conformity to the above mentioned stipulation, and having

communicated to each other their respective full powers, have

agreed and concluded, and do hereby declare in the name of His

Britannic Majesty and of the United States of America that the

Commissioners appointed under the fifth article of the above

mentioned Treaty shall not be obliged to particularize in their

description, the latitude and longitude of the source of the river

which may be found to be the one truly intended in the aforesaid

Treaty of peace under the name of the river St. Croix, but they

shall be at liberty to describe the said river, in such other

manner as they may judge expedient, which description shall be

considered as a complete execution of the duty required of the said

Commissioners in this respect by the article aforesaid. And to the

end that no uncertainty may hereafter exist on this subject, it is

further agreed, that as soon as may be after the decision of the

said Commissioners, measures shall be concerted between the

Government of the United States and His Britannic Majesty's

Governors or Lieutenant Governors in America, in order to erect and

keep in repair a suitable monument at the place ascertained and

described to be the source of the said river St. Croix, which

measures shall immediately thereupon, and as often afterwards as

may be requisite, be duly executed on both sides with punctuality

and good faith.



This explanatory article, when the same shall have been

ratified by His Majesty and by the President of the United States,

by and with the advice and consent of their Senate, and the

respective ratifications mutually exchanged, shall be added to and

make a part of the Treaty of amity, commerce, and navigation

between His Majesty and the United States, signed at London on the

nineteenth day of November, one thousand seven hundred and



ninetyfour, and shall be permanently binding upon His Majesty and

the United States.



In witness whereof we, the said undersigned Plenipotentiaries

of His Britannic Majesty and the United States of America, have

signed this present article, and have caused to be affixed thereto

the seal of our arms.



Done at London this fifteenth day of March, one thousand seven

hundred and ninetyeight.



(SEAL.) GRENVILLE. (SEAL.) RUFUS KING.





Footnote 6





1814 Treaty of Ghent 1814 to end the War Of 1812



Treaty of Peace and Amity between His Britannic Majesty and

the United States of America, Concluded at Ghent, December 24,

1814; Ratification Advised by Senate, February 16, 1815; Ratified

by President; February 17, 1815; Ratifications Exchanged at

Washington, February 17, 1815; Proclaimed, February 18, 1815. His

Britannic Majesty and the United States of America, desirous of

terminating the war which has unhappily subsisted between the two

countries, and of restoring, upon principles of perfect

reciprocity, peace, friendship, and good understanding between

them, have, for that purpose, appointed their respective

Plenipotentiaries, that is to say:

His Britannic Majesty, on his part, has appointed the Right

Honorable James Lord Gambier, late Admiral of the White, now

Admiral of the Red Squadron of His Majesty's fleet, Henry Goulburn,

Esquire, a member of the Imperial Parliament, and Under Secretary

of State, and William Adams, Esquire, Doctor of Civil Laws; and the

President of the United States, by and with the advice and consent

of the Senate thereof, has appointed John Quincy Adams, James A.

Bayard, Henry Clay, Jonathan Russell, and Albert Gallatin, citizens

of the United States;

Who, after a reciprocal communication of their respective full

powers, have agreed upon the following articles:



Article I



There shall be a firm and universal peace between His

Britannic Majesty and the United States, and between their

respective countries, territories, cities, towns, and people, of

every degree, without exception of places or persons. All

hostilities, both by sea and land, shall cease as soon as this

Treaty shall have been ratified by both parties, as hereinafter

mentioned. All territory, places, and possessions whatsoever, taken

by either party from the other during the war, or which may be

taken after the signing of this Treaty, excepting only the islands

hereinafter mentioned, shall be restored without delay, and without

causing any destruction or carrying away any of the artillery or

other public property originally captured in the said forts or

places, and which shall remain therein upon the exchange of the

ratifications of this Treaty, or any slaves or other private

property. And all archives, records, deeds, and papers, either of

a public nature or belonging to private persons, which, in the

course of the war, may have fallen into the hands of the officers

of either party, shall be, as far as may be practicable, forthwith

restored and delivered to the proper authorities and persons to

whom they respectively belong. Such of the islands in the Bay of



Passamaquoddy as are claimed by both parties, shall remain in the

possession of the party in whose occupation they may be at the time

of the exchange of the ratifications of this Treaty, until the

decision respecting the title to the said islands shall have been

made in conformity with the fourth article of this Treaty. No

disposition made by this Treaty as to such possession of the

islands and territories claimed by both parties shall, in any

manner whatever, be construed to affect the right of either.





Article II



Immediately after the ratifications of this Treaty by both

parties, as hereinafter mentioned, orders shall be sent to the

armies, squadrons, officers, subjects and citizens of the two

Powers to cease from all hostilities. And to prevent all causes of

complaint which might arise on account of the prizes which may be

taken at sea after the said ratifications of this Treaty, it is

reciprocally agreed that all vessels and effects which may be taken

after the space of twelve days from the said ratifications, upon

all parts of the coast of North America, from the latitude of

twenty-three degrees north to the latitude of fifty degrees north,

and as far eastward in the Atlantic Ocean as the thirty-sixth

degree of west longitude from the meridian of Greenwich, shall be

restored on each side: that the time shall be thirty days in all

other parts of the Atlantic Ocean north of the equinoctial line or

equator, and the same time for the British and Irish Channels, for

the Gulf of Mexico, and all parts of the West Indies; forty days

for the North Seas, for the Baltic, and for all parts of the

Mediterranean; sixty days for the Atlantic Ocean south of the

equator, as far as the latitude of the Cape of Good Hope; ninety

days for every other part of the world south of the equator; and

one hundred and twenty days for all other parts of the world,

without exception.



Article III



All prisoners of war taken on either side, as well by land as

by sea, shall be restored as soon as practicable after the

ratifications of this Treaty, as hereinafter mentioned, on their

paying the debts which they may have contracted during their

captivity. The two contracting parties respectively engage to

discharge, in specie, the advances which may have been made by the

other for the sustenance and maintenance of such prisoners.



Article IV



Whereas it was stipulated by the second article in the Treaty

of peace of one thousand seven hundred and eighty-three, between

His Britannic Majesty and the United States of America, that the

boundary of the United States should comprehend all islands within

twenty leagues of any part of the shores of the United States, and

lying between lines to be drawn due east from the points where the

aforesaid boundaries, between Nova Scotia on the one part, and East

Florida on the other, shall respectively touch the Bay of Fundy and

the Atlantic Ocean, excepting such islands as now are, or

heretofore have been, within the limits of Nova Scotia; and whereas

the several islands in the Bay of Passamaquoddy, which is part of

the Bay of Fundy, and the Island of Grand Menan, in the said Bay of



Fundy, are claimed by the United States as being comprehended

within their aforesaid boundaries, which said islands are claimed

as belonging to His Britannic Majesty, as having been, at the time

of and previous to the aforesaid Treaty of one thousand seven

hundred and eighty-three, within the limits of the Province of Nova

Scotia. In order, therefore, finally to decide upon these claims,

it is agreed that they shall be referred to two Commissioners to be

appointed in the following manner, viz: One Commissioner shall be

appointed by His Britannic Majesty, and one by the President of the

United States, by and with the advice and consent of the Senate

thereof; and the said two Commissioners so appointed shall be sworn

impartially to examine and decide upon the said claims according to

such evidence as shall be laid before them on the part of His

Britannic Majesty and of the United States respectively. The said

Commissioners shall meet at St. Andrews, in the Province of New

Brunswick, and shall have power to adjourn to such other place or

places as they shall think fit. The said Commissioners shall, by a

declaration or report under their hands and seals, decide to which

of the two contracting parties the several islands aforesaid do

respectively belong, in conformity with the true intent of the said

Treaty of peace of one thousand seven hundred and eighty-three. And

if the said Commissioners shall agree in their decision, both

parties shall consider such decision as final and conclusive. It is

further agreed that, in the event of the two Commissioners

differing upon all or any of the matters so referred to them, or in

the event of both or either of the said Commissioners refusing, or

declining or wilfully omitting to act as such, they shall make,

jointly or separately, a report or reports, as well to the

Government of His Britannic Majesty as to that of the United

States, stating in detail the points on which they differ, and the

grounds upon which their respective opinions have been formed, or

the grounds upon which they, or either of them, have so refused,

declined, or omitted to act. And His Britannic Majesty and the

Government of the United States hereby agree to refer the report or

reports of the said Commissioners to some friendly sovereign or

State, to be then named for that purpose, and who shall be

requested to decide on the differences which may be stated in the

said report or reports, or upon the report of one Commissioner,

together with the grounds upon which the other Commissioner shall

have refused, declined, or omitted to act, as the case may be. And

if the Commissioner so refusing, declining, or omitting to act,

shall also wilfully omit to state the grounds upon which he has so

done, in such manner that the said statement may be referred to

such friendly sovereign or State, together with the report of such

other Commissioner, then such sovereign or State shall decide ex

parte upon the said report alone. And His Britannic Majesty and the

Government of the United States engage to consider the decision of

such friendly sovereign or State to be final and conclusive on all

the matters so referred.





Article V



Whereas neither the point of the highlands lying due north

from the source of the river St. Croix, and designated in the

former Treaty of peace between the two Powers as the northwest

angle of Nova Scotia, nor the northwesternmost head of Connecticut

River, has yet been ascertained; and whereas that part of the

boundary line between the dominions of the two Powers which extends

from the source of the river St. Croix directly north to the above

mentioned north west angle of Nova Scotia, thence along the said

highlands which divide those rivers that empty themselves into the

river St. Lawrence from those which fall into the Atlantic Ocean to

the northwesternmost head of Connecticut River, thence down along

the middle of that river to the forty-fifth degree of north

latitude; thence by a line due west on said latitude until it

strikes the river Iroquois or Cataraquy, has not yet been surveyed:

it is agreed that for these several purposes two Commissioners

shall be appointed, sworn, and authorized to act exactly in the

manner directed with respect to those mentioned in the next

preceding article, unless otherwise specified in the present

article. The said Commissioners shall meet at St. Andrews, in the

Province of New Brunswick, and shall have power to adjourn to such

other place or places as they shall think fit. The said

Commissioners shall have power to ascertain and determine the

points above mentioned, in conformity with the provisions of the

said Treaty of peace of one thousand seven hundred and

eighty-three, and shall cause the boundary aforesaid, from the

source of the river St. Croix to the river Iroquois or Cataraquy,

to be surveyed and marked according to the said provisions. The

said Commissioners shall make a map of the said boundary, and annex

to it a declaration under their hands and seals, certifying it to

be the true map of the said boundary, and particularizing the

latitude and longitude of the northwest angle of Nova Scotia, of

the northwesternmost head of Connecticut River, and of such other

points of the said boundary as they may deem proper. And both

parties agree to consider such map and declaration as finally and

conclusively fixing the said boundary. And in the event of the said

two Commissioners differing, or both or either of them refusing,

declining, or wilfully omitting to act, such reports, declarations,

or statements shall be made by them, or either of them, and such

reference to a friendly sovereign or State shall be made in all

respects as in the latter part of the fourth article is contained,

and in as full a manner as if the same was herein repeated.



Article VI



Whereas by the former Treaty of peace that portion of the

boundary of the United States from the point where the forty-fifth

degree of north latitude strikes the river Iroquois or Cataraquy to

the Lake Superior, was declared to be "along the middle of

said river into Lake Ontario, through the middle of said lake,

until it strikes the communication by water between that lake and

Lake Erie, thence along the middle of said communication into Lake

Erie, through the middle of said lake until it arrives at the water



communication into Lake Huron, thence through the middle of said

lake to the water communication between that lake and Lake

Superior;" and whereas doubts have arisen what was the middle

of the said river, lakes, and water communications, and whether

certain islands lying in the same were within the dominions of His

Britannic Majesty or of the United States: In order, therefore,

finally to decide these doubts, they shall be referred to two

Commissioners, to be appointed, sworn, and authorized to act

exactly in the manner directed with respect to those mentioned in

the next preceding article, unless otherwise specified in this

present article. The said Commissioners shall meet, in the first

instance, at Albany, in the State of New York, and shall have power

to adjourn to such other place or places as they shall think fit.

The said Commissioners shall, by a report or declaration, under

their hands and seals, designate the boundary through the said

river, lakes, and water communications, and decide to which of the

two contracting parties the several islands lying within the said

rivers, lakes, and water communications, do respectively belong, in

conformity with the true intent of the said Treaty of one thousand

seven hundred and eighty-three. And both parties agree to consider

such designation and decision as final and conclusive. And in the

event of the said two Commissioners differing, or both or either of

them refusing, declining, or wilfully omitting to act, such

reports, declarations, or statements shall be made by them, or

either of them, and such reference to a friendly sovereign or State

shall be made in all respects as in the latter part of the fourth

article is contained and in as full a manner as if the same was

herein repeated.



Article VII



It is further agreed that the said two last-mentioned

Commissioners, after they shall have executed the duties assigned

to them in the preceding article, shall be, and they are hereby,

authorized upon their oaths impartially to fix and determine,

according to the true intent of the said Treaty of peace of one

thousand seven hundred and eighty-three, that part of the boundary

between the dominions of the two Powers which extends from the

water communication between Lake Huron and Lake Superior, to the

most northwestern point of the Lake of the Woods, to decide to

which of the two parties the several islands lying in the lakes,

water communications, and rivers, forming the said boundary, do

respectively belong, in conformity with the true intent of the said

Treaty of peace of one thousand seven hundred and eighty-three; and

to cause such parts of the said boundary as require it to be

surveyed and marked. The said Commissioners shall, by a report or

declaration under their hands and seals, designate the boundary

aforesaid, state their decision on the points thus referred to

them, and particularize the latitude and longitude of the most

northwestern point of the Lake of the Woods, and of such other

parts of the said boundary as they may deem proper. And both

parties agree to consider such designation and decision as final

and conclusive. And in the event of the said two Commissioners



differing, or both or either of them refusing, declining, or

wilfully omitting to act, such reports, declarations, or statements

shall be made by them, or either of them, and such reference to a

friendly sovereign or state shall be made in all respects as in the

latter part of the fourth article is contained, and in as full a

manner as if the same was herein repeated.



Article VIII



The several boards of two Commissioners mentioned in the four

preceding articles shall respectively have power to appoint a

secretary, and to employ such surveyors or other persons as they

shall judge necessary. Duplicates of all their respective reports,

declarations, statements, and decisions, and of their accounts, and

of the journal of their proceedings, shall be delivered by them to

the agents of His Britannic Majesty and to the agents of the United

States, who may be respectively appointed and authorized to manage

the business on behalf of their respective Governments. The said

Commissioners shall be respectively paid in such manner as shall be

agreed between the two contracting parties, such agreement being to

be settled at the time of the exchange of the ratifications of this

Treaty. And all other expenses attending the said commissions shall

be defrayed equally by the two parties. And in the case of death,

sickness, resignation, or necessary absence, the place of every

such Commissioner, respectively, shall be supplied in the same

manner as such Commissioner was first appointed, and the new

Commissioner shall take the same oath or affirmation, and do the

same duties. It is further agreed between the two contracting

parties, that in case any of the islands mentioned in any of the

preceding articles, which were in the possession of one of the

parties prior to the commencement of the present war between the

two countries, should, by the decision of any of the boards of

commissioners aforesaid, or of the sovereign or State so referred

to, as in the four next preceding articles contained, fall within

the dominions of the other party, all grants of land made previous

to the commencement of the war, by the party having had such

possession, shall be as valid as if such island or islands had, by

such decision or decisions, been adjudged to be within the

dominions of the party having had such possession.



Article IX



The United States of America engage to put an end, immediately

after the ratification of the present Treaty, to hostilities with

all the tribes or nations of Indians with whom they may be at war

at the time of such ratification; and forthwith to restore to such

tribes or nations, respectively, all the possessions, rights, and

privileges which they may have enjoyed or been entitled to in one

thousand eight hundred and eleven, previous to such hostilities.

Provided always that such tribes or nations shall agree to desist

from all hostilities against the United States of America, their

citizens and subjects, upon the ratification of the present Treaty

being notified to such tribes or nations, and shall so desist

accordingly. And his Britannic Majesty engages, on his part, to put



an end immediately after the ratification of the present Treaty, to

hostilities with all the tribes or nations of Indians with whom he

may be at war at the time of such ratification, and forthwith to

restore to such tribes or nations respectively all the possessions,

rights, and privileges which they may have enjoyed or been entitled

to in one thousand eight hundred and eleven, previous to such

hostilities. Provided always that such tribes or nations shall

agree to desist from all hostilities against His Britannic Majesty,

and his subjects, upon ratification of the present Treaty being

notified to such tribes or nations, and shall so desist

accordingly.



Article X



Whereas the traffic in slaves is irreconcilable with the

principles of humanity and justice, and whereas both His Majesty

and the United States are desirous of continuing their efforts to

promote its entire abolition, it is hereby agreed that both the

contracting parties shall use their best endeavours to accomplish

so desirable an object.



Article XI



This Treaty, when the same shall have been ratified on both

sides, without alteration by either of the contracting parties, and

the ratifications mutually exchanged, shall be binding on both

parties, and the ratifications shall be exchanged at Washington, in

the space of four months from this day, or sooner if practicable.



In faith whereof we, the respective Plenipotentiaries, have

signed this Treaty, and have thereunto affixed our seals.

Done, in triplicate, at Ghent, the twenty-fourth day of December,

one thousand eight hundred and fourteen.



Gambier Henry Goulburn, William Adams, John Quincy Adams,

J. A. Bayard, H. Clay, John. Russell, Albert Gallatin



Footnote 7



These are the words of a first-hand observer, Anthony

Sherman,

who was there and describes the situation: "You doubtless heard

the story of Washington's going to the thicket to pray. Well, it

is not only true, but he used often to pray in secret for aid and

comfort from God, the interposition of whose Divine Providence

brought us safely through the darkest days of tribulation."





"One day, I remember it well, when the chilly winds whistled

through the leafless trees, though the sky was cloudless and the

Sun shown brightly, he remained in his quarters nearly all the

afternoon alone. When he came out, I noticed that his face was a

shade paler than usual. There seemed to be something on his mind

of more than ordinary importance. Returning just after dusk, he

dispatched an orderly to the quarters who was presently in

attendance. After a preliminary conversation of about an hour,

Washington, gazing upon his companion with that strange look of

dignity which he alone commanded, related the event that occurred

that day."



Washington's Own Words



"`I do not know whether it is owing to the anxiety of my mind,

or what, but this afternoon, as I was sitting at this table engaged

in preparing a dispatch, something seemed to disturb me. Looking

up, I beheld standing opposite me a singularly beautiful being. So

astonished was I, for I had given strict orders not to be



disturbed, that it was some moments before I found language to

inquire the cause of the visit. A second, a third, and even a

fourth time did I repeat the question, but received no answer from

my mysterious visitor except a slight raising of the eyes.



"`By this time I felt strange sensations spreading through me.



I would have risen but the riveted gaze of the being before me

rendered volition impossible. I assayed once more to speak, but my

tongue had become useless, as though it had become paralyzed. A

new influence, mysterious, potent, irresistible, took possession of

me. All I could do was to gaze steadily, vacantly at my unknown

visitor.

"`Gradually the surrounding atmosphere seemed to fill with

sensations, and grew luminous. Everything about me seemed to

rarefy, the mysterious visitor also becoming more airy and yet more

distinct to my eyes than before. I began to feel as one dying, or

rather to experience the sensations which I have sometimes imagined

accompany death. I did not think, I did not reason, I did not

move. All were alike impossible. I was only conscious of gazing

fixedly, vacantly at my companion.



"`Presently I heard a voice saying, "Son of the Republic, look

and learn," while at the same time my visitor extended an arm

eastward. I now beheld a heavy white vapor at some distance rising

fold upon fold. This gradually dissipated, and I looked upon a

strange scene. Before me lay spread out in one vast plain all the

countries of the world--Europe, Asia, Africa, and America. I saw

rolling and tossing between Europe and America the billows of the

Atlantic, and between Asia and America lay the Pacific. "Son of

the Republic,' said the same mysterious voice as before, 'look and

learn."

"`At that moment I beheld a dark, shadowy being, like an

angel, standing, or rather floating in mid-air, between Europe and

America. Dipping water out of the ocean in the hollow of each

hand, he sprinkled some upon America with his right hand, while

with his left hand he cast some on Europe. Immediately a cloud

arose from these countries, and joined in mid-ocean. For a while

it seemed stationary, and then it moved slowly westward, until it

enveloped America in its murky folds. Sharp flashes of lightning

gleamed through it at intervals, and I heard the smothered groans

and cries of the American people.

"A second time the angel dipped water from the ocean, and

sprinkled it out as before. The dark cloud was then drawn back to

the ocean, in whose heaving billows it sank from view.



"`A third time I heard the mysterious visitor saying, "Son of

the Republic, look and learn," I cast my eyes upon America and

beheld villages, towns, and cities springing up one after another

until the whole land from the Atlantic to the Pacific was dotted

with them. Again, I heard the mysterious voice say, "Son of the

Republic, the end of the century cometh, look and learn."

"`And this the dark shadowy angel turned his face southward.

>From Africa I saw an ill-omened specter approach our land. It

flitted slowly over every town and city of the latter. The



inhabitants presently set themselves in battle array against each

other. As I continued looking I saw a bright angel on whose brow

rested a crown of light, on which was traced the word "Union." He

bearing the American flag. He placed the flag between the divided

nation, and said, "Remember ye are brethren."



"`Instantly, the inhabitants, casting down their weapons,

became friends once more and united around the National Standard.

"`And again I heard the mysterious voice saying, "Son of the

Republic, look and learn." At this the dark, shadowy angel placed

a trumpet to his mouth, and blew three distinct blasts; and taking

water from the ocean, he sprinkled it upon Europe, Asia, and

Africa.

"`Then my eyes beheld a fearful scene. From each of these

countries arose thick, black clouds that were soon joined into one.



And through this mass there gleamed a dark red light by which I saw

hordes of armed men. These men, moving with the cloud, marched by

land and sailed by sea to America, which country was enveloped in

this volume of the cloud. And I dimly saw these vast armies

devastate the whole country and burn the villages, towns, and

cities that I beheld springing up.

"`As my ears listened to the thundering of the cannon,

clashing of swords, and the shouts and cries of millions in mortal

combat, I heard again the mysterious voice saying, "Son of the

Republic, look and learn." When the voice had ceased, the dark

shadowy angel placed his trumpet once more to his mouth, and blew

a long fearful blast.



"`Instantly a light as of a thousand suns shone down from

above me, and pierced and broke into fragments the dark clouds

which enveloped America. At the same moment the angel upon whose

head still shone the word "Union," and who bore our national flag

in one hand and a sword in the other, descended from the heavens

attended by legions of white spirits. These immediately joined the

inhabitants of America, who I perceived were well-nigh overcome,

but who immediately taking courage again, closed up their broken

ranks and renewed the battle.



"Again, amid the fearful noise of the conflict I heard the

mysterious voice saying, "Son of the Republic, look and learn." As

the voice ceased, the shadowy angel for the last time dipped water

from the ocean and sprinkled it upon America. Instantly the dark

cloud rolled back, together with the armies it had brought, leaving

the inhabitants of the land victorious.



"`Then once more I beheld the villages, towns and cities

springing up where I had seen them before, while the bright angel,

planting the azure standard he had brought in the midst of them,

cried with a loud voice: "While the stars remain, and the heavens

send down dew upon the earth, so long shall the Union last." And

taking from his brow the crown on which blazoned the word "Union,"

he placed it upon the Standard while the people kneeling down said,

"Amen."

"`The scene instantly began to fade and dissolve, and I at

last saw nothing but the rising, curling vapor I at first beheld.

This also disappeared, I found myself once more gazing upon the



mysterious visitor, who, in the same voice I had heard before,

said, "Son of the Republic, what you have seen is thus interpreted.



Three great perils will come upon the Republic. The most fearful

for her is the third. But the whole world united shall not prevail

against her. Let every child of the Republic learn to live for his

God, his land and Union. With these words the vision vanished, and

I started from my seat and felt that I had seen a vision wherein

had been shown me the birth, progress, and destiny of the United

States."



Thus ended General George Washington's vision and prophecy for

the United States of America as told in his own words.





Footnote 8



"In Title 1, Section 1 it says: The actions, regulations,

rules, licenses, orders and proclamations heretofore or hereafter

taken, promulgated, made, or issued by the President of the United

States or the Secretary of the Treasury since March 4, 1933,

pursuant to the authority conferred by subdivision (b) of section

5 of the Act of October 6, 1917, as amended, are hereby approved

and confirmed."

"Section 2. Subdivision (b) of section 5 of the Act of October

6, 1917, (40 Stat. L. 411), as amended, is hereby amended to read

as follows: emergency declared by the President, the President may,

through any agency that he may designate, or otherwise,

investigate, regulate, or prohibit, under such rules and

regulations as he may prescribe, by means of licenses or otherwise,

any transactions in foreign exchange, transfers of credit between

or payments by banking institutions as defined by the President,

and export, hoarding, melting, or earmarking of gold or silver coin

or bullion or currency, BY ANY PERSON WITHIN THE UNITED STATES OR

ANY PLACE SUBJECT TO THE JURISDICTION THEREOF."



Here is the legal phrase subject to the jurisdiction thereof,

but at law this refers to alien enemy and also applies to

Fourteenth Amendment citizens:



"As these words are used in the first section of the

Fourteenth Amendment of the Federal Constitution, providing for the

citizenship of all persons born or naturalized in the United States

and subject to the jurisdiction thereof, the purpose would appear

to have been to exclude by the fewest words (besides children of

members of the Indian tribes, standing in a peculiar relation to

the National Government, unknown to the common Law), the two

classes of cases, children born of *ALIEN ENEMIES(emphasis mine),

in hostile occupation, and children of diplomatic representatives

of a foreign state, both of which, by the law of England and by our

own law, from the time of the first settlement of the English

colonies in America, had been recognized exceptions to the

fundamental rule of citizenship by birth within the country."

United States v Wong Kim Ark, 169 US 649, 682, 42 L Ed 890, 902, 18

S Ct 456. Ballentine's Law Dictionary



Congressman Beck had this to say about the War Powers Act:



"I think of all the damnable heresies that have ever been

suggested in connection with the Constitution, the doctrine of

emergency is the worst. It means that when Congress declares an



emergency there is no Constitution. This means its death....But

the Constitution of the United States, as a restraining influence

in keeping the federal government within the carefully prescribed

channels of power, is moribund, if not dead. We are witnessing its

death-agonies, for when this bill becomes a law, if unhappily it

becomes law, there is no longer any workable Constitution to keep

the Congress within the limits of its constitutional powers."

(Congressman James Beck in Congressional Record 1933)



The phrase Alien Enemy is defined in Bouvier's Law Dictionary

as: One who owes allegiance to the adverse belligerent. 1 Kent 73.

He who owes a temporary but not a permanent allegiance is an

alien enemy in respect to acts done during such temporary

allegiance only; and when his allegiance terminates, his hostile

character terminates also; 1 B. & P. 163.

Alien enemies are said to have no rights, no privileges,

unless by the king's special favor, during time of war; 1 Bla. Com.

372; Bynkershoek 195; 8 Term 166. [Remember we've been under a

declared state of war since October 6, 1917, as amended March 9,

1933 to include every United States citizen.]



"The phrase Alien Enemy is defined in Words and Phrases as:

Residence of person in territory of nation at war with United

States was sufficient to characterize him as "alien enemy" within

Trading with the Enemy Act, even if he had acquired and retained

American citizenship." Matarrese v. Matarrese, 59 A.2d 262, 265,

142 N.J. Eq. 226.

"Residence or doing business in a hostile territory is the

test of an "alien enemy: within meaning of Trading with the Enemy

Act and Executive Orders thereunder." Executive Order March 11,

1942, No. 9095, as amended, 50 U.S.C.A. Appendix 6; Trading with

the Enemy Act 5 (b). In re Oneida Nat. Bank & Trust Co. of Utica,

53 N.Y.S. 2d. 416, 420, 421, 183 Misc. 374.

"By the modern phrase, a man who resides under the allegiance

and protection of a hostile state for commercial purposes is to be

considered to all civil purposes as much an `alien enemy' as if he

were born there." Hutchinson v. Brock, 11 Mass. 119, 122.



"The trading with the enemy Act, originally and as amended, in

strictly a war measure, and finds its sanction in the provision

empowering Congress "to declare war, grant letters of Marque and

reprisal, and make rules concerning captures on land and water."

Stoehr v. Wallace 255 U.S.







James Montgomery

08/05/96





Knowledge is Freedom BBS

1-910-869-0780

24HR.

28,000 Baud







James Brought up the term residence and my research has

brought forth the following which is why the gov't wants you to

declare yourself as a "resident." Resident has one purpose in tax

law and commercial law. Resident is the opposite of non-resident,

"Resident" is legally defined in United States v. Penelope, 27 Fed.

Case No. 16024, which states: "But admitting that the common

acceptance of the word and its legal technical meaning are

different, we must presume that Congress meant to adopt the

latter.", page 487. "But this is a highly penal act, and must have

strict construction. * * * The question seems to be whether they



inserted 'resident' without the legal meaning generally affixed to

it. If they have omitted to express their meaning, we cannot

supply it.", page 489.



Ask yourself this question, has the State or United States, in

their tax statutes, defined the word "resident" in its legal

technical meaning? The Penelope Court stated the legal meaning of

the term "resident" at page 489: "In the case of Hylton v. Brown

[Case No. 6,981] in the Circuit Court, and cases in this court, the

following has always been my definition of the words 'resident,' or

'inhabitant,' which in my view, means the same thing. An

inhabitant, or resident, is a person coming into a place with an

intention to establish his domicile, or per-manent residence: under

this intention he takes a house, or lodgings, as one fixed and

stationary, and opens a store or takes any step preparatory to do

business or in execution of this settled intention." [Emphasis

added ]



The other legal definition for "resident" can be found in

Jowitt's English Law Dictionary, 1977 edition which states;

"RESIDENT, An agent, minister or officer residing in any distant

place with the dignity of an ambassador: the chief representative

of government at certain princely states; Residents are as class of

public ministers inferior to ambassadors and envoys, but, like

them, they are protected under the law of nations."



This bears out James' work that the resident, who is a

government agent, official, etc., is doing business for the British

Crown to collect the debt of those residents who are claiming

citizenship of the States or United States because that would make

them subjects liable to pay the pecuniary contribution, disguised

as a "Gross Income Tax," to the Crown.



The United States is Still a British Colony, Part 2

BEND OVER AMERICA

03/30/97



Mark Twain: "You see, my kind of loyalty was loyalty to

one's country, not to institutions or its officeholders. The

country is the real thing; it is the thing to watch over and care

for and be loyal to; institutions extraneous, they are its mere

clothing, and clothing can wear out, become ragged, cease to be

comfortable, cease to protect the body from winter, disease, and



death. To be loyal to rags, to shout for rags, to worship rags,

to die for rags--that is a loyalty of unreason; it is pure

animal; it belongs to monarchy; was invented by monarchy; let

monarchy keep it. I was from Connecticut, whose constitution

declared "That all political power is inherent in the people, and

all free governments are founded on their authority and

instituted for their benefit, and that they have at all times an

undeniable and indefensible right to alter their form of

government in such a manner as they think expedient." Under that

gospel, the citizen who thinks that the Commonwealth's political

clothes are worn out and yet holds his peace and does not agitate

for a new suit, is disloyal; he is a traitor. That he may be the

only one who thinks he sees this decay does not excuse him; it is

his duty to agitate, anyway, and it is the duty of others to vote

him down if they do not see the matter as he does."

Congressional Record, April 9, 1934



Mark Twain has stated very well what needs to be the

motivation of all patriots, but any new government with leaders

that do not allow God Almighty's Word and Law to reign Supreme

will return to the ashes in which it was begun.



GUIDE TO THE FOOTNOTES



Footnote #1 - Chronology of North Carolina Governors and Original

Virginia Colony, page 15

Footnote #2 - Virginia Charter, 1609, page 18

Footnote #3 - Virginia Charter, 1621, page 27

Footnote #4 - Charter creating the Council of State, 1621, page

29

Footnote #5 - Carolina Charter, 1663, page 31

Footnote #6 - Carolina Charter granting Proprietorship to eight

lords, 1669, page 42

Footnote #7 - Florida Charter, 1763, page 65

Footnote #8 - Hudson Bay Charter, 1670, page 69

Footnote #9 - North Carolina Constitution, 1776, page 80

Footnote #10 - North Carolina Constitution, 1789, and latter

amendments, page 88

Footnote #11 - Congressional Record, page 127



PART II







It's not an easy thing having to tell someone they have been

conned into believing they are free. For some, to accept this is

comparable to denying God Almighty.

You have to be made to understand that the United States is

a corporation, which is a continuation of the corporate Charters

created by the king of England. And that the states upon

ratifying their individual State constitutions, became sub

corporations under and subordinate to the United States. The

counties and municipalities became sub corporations under the

State Charters. It is my duty to report further evidence

concerning the claims I made in "The United States is Still a



British Colony, part 1."

I have always used a copy of the North Carolina Constitution

provided by the State, I should have known better to take this as

the finial authority. To my knowledge the following quote has

not been in the Constitution the State hands out or those in use

in the schools. The 1776 North Carolina Constitution created a

new corporate Charter, and declared our individual freedoms.

However, the same corporate Charter, reserved the king's title

to the land, which restored, and did not diminish, his grants

that were made in his early Charters. If you remember, I made

the claim that legally we are still subject to the king. In the

below quote you will see that the king declares our taxation

will be forever, and that a fourth of all gold and silver will be

returned to him.



"YIELDlNG AND PAYING yearly, to us, our heirs and Successors, for

the same, the yearly Rent of Twenty Marks of Lawful money of

England, at the Feast of All Saints, yearly, forever, The First

payment thereof to begin and be made on the Feast of All Saints

which shall be in the year of Our Lord One thousand six hundred

Sixty and five; AND also, the fourth part of all Gold and Silver

Ore which, with the limits aforesaid, shall, from time to time,

happen to be found."

(Feast of All Saints occurred November 1 of each year.) The

Carolina Charter, 1663 footnote #5



I know Patriots will have a hard time with this, because as

I said earlier, they would have to deny what they have been

taught from an early age. You have to continue to go back in

historical documents and see if what you have been taught is

correct. The following quote is from section 25 of the 1776

North Carolina Constitution, Declaration of Rights.



And provided further, that nothing herein contained shall affect

the titles or possessions of individuals holding or claiming

under the laws heretofore in force, or grants heretofore made by

the late King George II, or his predecessors, or the late lords

proprietors, or any of them.

Declaration of Rights 1776, North Carolina Constitution, Footnote

#8



Can it be any plainer? Nobody reads, they take what is told

to them by their schools and government as gospel, and never look

any further. They are quick to attack anyone that does because

it threatens their way of life, rocks the boat in other words.

Read the following quote from a court case:



"* * * definition given by Blackstone, vol. 2, p. 244. I

shall therefore only cite that respectable authority in his own

words: "Escheat, we may remember, was one of the fruits and

consequences of feudal tenure; the word itself is originally

French or Norman, in which language it signifies chance or

accident, and with us denotes an obstruction of the course of

descent, and a consequent determination of the tenure by some

unforeseen contingency, in which case the estate naturally

results back, by a kind of reversion, to the original grantor, or

lord of the fee."

Every person knows in what manner the citizens acquired the

property of the soil within the limits of this State. Being

dissatisfied with the measures of the British Government, they



revolted from it, assumed the government into their own hands,

seized and took possession of all the estates of the King of

Great Britain and his subjects, appropriated them to their own

use, and defended their possessions against the claims of Great

Britain, during a long and bloody war, and finally obtained a

relinquishment of those claims by the treaty of Paris. But this

State had no title to the territory prior to the title of the

King of Great Britain and his subjects, nor did it ever claim as

lord paramount to them. This State was not the original grantor

to them, nor did they ever hold by any kind of tenure under the

State, or owe it any allegiance or other duties to which an

escheat is annexed. How then can it be said that the lands in

this case naturally result back by a kind of reversion to this

State, to a source from whence it never issued, and from tenants

who never held under it? Might it not be stated with equal

propriety that this country escheated to the King of Great

Britain from the Aborigines, when he drove them off, and took and

maintained possession of their country? At the time of the

revolution, and before the Declaration of Independence, the

collective body of the people had neither right to nor possession

of the territory of this State; it is true some individuals had a

right to, and were in possession of certain portions of it, which

they held under grants from the King of Great Britain; but they

did not hold, nor did any of his subjects hold, under the

collective body of the people, who had no power to grant any part

of it. After the Declaration of Independence and the

establishment of the Constitution, the people may be said first

to have taken possession of this country, at least so much of it

as was not previously appropriated to individuals. Then their

sovereignty commenced, and with it a right to all the property

not previously vested in individual citizens, with all the other

rights of sovereignty, and among those the right of escheats.

This sovereignty did not accrue to them by escheat, but by

conquest, from the King of Great Britain and his subjects; but

they acquired nothing by that means from the citizens of the

State Ä each individual had, under this view of the case, a right

to retain his private property, independent of the reservation in

the declaration of rights; but if there could be any doubt on

that head, it is clearly explained and obviated by the proviso in

that instrument. Therefore, whether the State took by right of

conquest or escheat, all the interest which the U. K. had

previous to the Declaration of Independence still remained with

them, on every principle of law and equity, because they are

purchasers for a valuable consideration, and being in possession

as cestui que trust under the statute for transferring uses into

possession; and citizens of this State, at the time of the

Declaration of Independence, and at the time of making the

declaration of rights, their interest is secured to them beyond

the reach of any Act of Assembly; neither can it be affected by

any principle arising from the doctrine of escheats, supposing,



what I do not admit, that the State took by escheat."

MARSHALL v. LOVELESS, 1 N.C. 412 (1801), 2 S.A. 70



There was no way we could have had a perfected title to this

land. Once we had won the Revolutionary War we would had to have

had an unconditional surrender by the king, this did not take

place. Not what took place at Yorktown, when we let the king off

the hook. Barring this, the king would have to had sold us this

land, for us to have a perfected title, just as the Indians sold

their land to the king, or the eight Carolina Proprietors sold

Carolina back to the king. The treaty of 1783 did not remove his

claim and original title, because he kept the minerals. This was

no different than when king Charles II gave Carolina by Charter

to the lords that helped put him back in power; compare them and

you will see the end result is the same. The Charter to the

lords is footnote #6, where eight proprietors were given title to

the land, but the king retained the money and sovereignty for his

heirs. The king could not just give up America to the

colonialist, nor would he. He would violate his own law of

Mortmain to put these lands in dead hands, no longer to be able

to be used by himself, or his heirs and successors. He would

also be guilty of harming his heirs and successors, by giving

away that which he declared in the following quotes, and there

are similar quotes in the other Charters:



"SAVING always, the Faith, Allegiance, and Sovereign Dominion

due to us, our heirs and Successors, for the same; and Saving

also, the right, title, and interest of all and every our

Subjects of the English Nation which are now Planted within the

Limits bounds aforesaid, if any be;..." The Carolina Charter,

1663 footnote #5



"KNOW YE, that We, of our further grace, certain knowledge, and

mere motion, HAVE thought fit to Erect the same Tract of Ground,

Country, and Island into a Province, and, out of the fullness of

our Royal power and Prerogative, WE Do, for us, our heirs and

Successors, Erect, Incorporate, and Ordain the same into a

province, and do call it the Province of CAROLINA, and so from

henceforth will have it called..." The Carolina Charter, 1663

footnote #5



The U.S. Constitution is a treaty between the states

creating a corporation for the king. In the below quote pay

attention to the large "S" State and the small "s" state. The

large "S" State is referring to the corporate State and it's

sovereignty over the small "s" state, because of the treaty.



Read the following quote:



"Headnote 5. Besides, the treaty of 1783 was declared by an

Act of Assembly of this State passed in 1787, to be law in this

State, and this State by adopting the Constitution of the United

States in 1789, declared the treaty to be the supreme law of the

land. The treaty now under consideration was made, on the part

of the United States, by a Congress composed of deputies from

each state, to whom were delegated by the articles of

confederation, expressly, "the sole and exclusive right and power

of entering into treaties and alliances"; and being ratified and

made by them, it became a complete national act, and the act and



law of every state.

If, however, a subsequent sanction of this State was at all

necessary to make the treaty law here, it has been had and

repeated. By a statute passed in 1787, the treaty was declared to

be law in this State, and the courts of law and equity were

enjoined to govern their decisions accordingly. And in 1789 was

adopted here the present Constitution of the United States, which

declared that all treaties made, or which should be made under

the authority of the United States, should be the supreme law of

the land; and that the judges in every state should be bound

thereby; anything in the Constitution or laws of any state to the

contrary not withstanding. Surely, then, the treaty is now law

in this State, and the confiscation act, so far as the treaty

interferes with it, is annulled."

"By an act of the Legislature of North Carolina, passed in

April, 1777, it was, among other things, enacted, "That all

persons, being subjects of this State, and now living therein, or

who shall hereafter come to live therein, who have traded

immediately to Great Britain or Ireland, within ten years last

past, in their own right, or acted as factors, storekeepers, or

agents here, or in any of the United States of America, for

merchants residing in Great Britain or Ireland, shall take an

oath of abjuration and allegiance, or depart out of the State."

Treaties are the "Law of the Land" HAMILTON v. EATEN, 1 N.C. 641

(1796), HAMILTON v. EATEN. Ä 2 Mart., 1. U.S. Circuit Court.

(June Term, 1796.)



Your presence in the State makes you subject to its laws,

read the following quote:



"The states are to be considered, with respect to each other, as

independent sovereignties, possessing powers completely adequate

to their own government, in the exercise of which they are

limited only by the nature and objects of government, by their

respective constitutions and by that of the United States. Crimes

and misdemeanors committed within the limits of each are

punishable only by the jurisdiction of that state where they

arise; for the right of punishing, being founded upon the consent

of the citizens, express or implied, cannot be directed against

those who never were citizens, and who likewise committed the

offense beyond the territorial limits of the state claiming

jurisdiction. Our Legislature may define and punish crimes

committed within the State, whether by citizen or strangers;

because the former are supposed to have consented to all laws

made by the Legislature, and the latter, whether their residence

be temporary or permanent, do impliedly agree to yield obedience

to all such laws as long as they remain in the State;"

STATE v. KNIGHT, 1 N.C. 143 (1799), 2 S.A. 70



Do you understand now? The treaty, the corporate Charter,

the North Carolina Constitution, by proxy of the electorates,

created residence in the large "S" State. Not by some further

act you made. So how can expatriation from the United States,

remove your residence in the "State", which was created by

treaty, ratified by our Fore Fathers. As soon as the corporate

Charter (treaty) was ratified we returned to subjection to the



king of England, through the legal residence created by the

treaty. Remember in the quote I gave earlier, by treaty we

recanted our declared freedom, and returned to the king his

sovereignty and title. In the following quote you will see that

the State supreme court sits by being placed by the general

assembly:



NC Supreme Court History Supreme Court of North Carolina A Brief

History:

"The legal and historical origins of the Supreme Court of

North Carolina lie in the State Constitution of 1776, which

empowered the General Assembly to appoint; Judges of the Supreme

Courts of Law and Equity; and; Judges of Admiralty.....The first

meeting of the Court took place on January 1, 1819. The Court

began holding two sittings, or ; terms, ; a year, the first

beginning on the second Monday in June and the second on the last

Monday in December. This schedule endured until the Constitution

of 1868 prescribed the first Mondays in January and July for the

sittings. Vacancies on the Court were filled temporarily by the

Governor, with the assistance and advice of the Council of State,

until the end of the next session of the state General Assembly."

>From the internet, address can be made available.







Council of State





What is the Council of State, and where did it originate?



III. "The one of which councils, to be called the council of

state (and whose office shall chiefly be assisting, with their

care, advice, and circumspection, to the said governor) shall be

chosen, nominated, placed, and displaced, from time to time, by

us the said treasurer, council

and company, and our successors: which council of state shall

consist, for the present only of these persons, as are here

inserted,..."

IV. "The other council, more generally to be called by the

governor, once yearly, and no oftener, but for very extraordinary

and important occasions, shall consist for the present, of the

said council of state, and of two burgesses out of every town,

hundred, or other particular plantation, to be respectively

chosen by the inhabitants: which council shall be called The

General Assembly, wherein (as also in the said council of state)

all matters shall be decided, determined, and ordered by the

greater part of the voices then present; reserving to the

governor always a negative voice. And this general assembly shall

have free power, to treat, consult, and conclude, as well of all

emergent occasions concerning the public weal of the said colony

and every part thereof, as also to make, ordain, and enact such

general laws and orders, for the behoof of the said colony, and

the good government thereof, as shall, from time to time, appear

necessary or requisite;..." An Ordinance and Constitution of the

Virginia Company in England. Footnote #4



The job of the 1st Council of State was to make sure the

governor followed the kings wishes. The 2nd was the general

assembly, the laws they passed had to conform to the king's law.

Read the following quote:



V. Whereas in all other things, we require the said general

assembly, as also the said council of state, to imitate and



follow the policy of the form of government, laws, customs, and

manner of trial, and other administration of justice, used in the

realm of England, as near as may be even as ourselves, by his

majesty's letters patent, are required.

VI. Provided, that no law or ordinance, made in the said general

assembly, shall be or continue in force or validity, unless the

same shall be solemnly ratified and confirmed, in a general

quarter court of the said company here in England, and so

ratified, be returned to them under our seal; it being our intent

to afford the like measure also unto the said colony, that after

the government of the said colony shall once have been well

framed, and settled accordingly, which is to be done by us, as by

authority derived from his majesty, and the same shall have been

so by us declared, no orders of court afterwards, shall bind the

said colony, unless they be ratified in like manner in the

general assemblies. In witness whereof we have hereunto set our

common seal the 24th of July, 1621. . . .An Ordinance and

Constitution of the Virginia Company in England. footnote #4



The Council of State still exists to day, although it has

been modified several times. The first major change came in the

1776, North Carolina Constitution, read the below quotes:



16. "That the senate and house of commons, jointly, at their

first meeting, after each annual election, shall, by ballot,

elect seven persons to be a council of state for one year; who

shall advise the governor in the execution of his office; and

that four members shall be a quorum; their advice and proceedings

shall be entered in a journal, to be kept for that purpose only,

and signed by the members present; to any part of which any

member present may enter his dissent. And such journal shall be

laid before the general assembly when called for by them."

footnote #9



19. "The governor, for the time being, shall have power to draw

for and apply such sums of money as shall be voted by the general

assembly, for the contingencies of government, and be accountable

to them for the same. He also may, by and with the advice of the

council of state, lay embargoes, or prohibit the exportation of

any commodity, for any term not exceeding thirty days, at any one

time in the recess of the general assembly; and shall have the

power of granting pardons and reprieves, except where the

prosecution shall be carried on by the general assembly,

or the law shall otherwise direct; in which case, he may, in the

recess, grant a reprieve until the next sitting of the general

assembly; and he may exercise all the other executive powers of

government, limited and restrained, as by this constitution is

mentioned, and according to the laws of the State. And, on his

death, inability, or absence from the State, the speaker of the

senate, for the time being, and in case of his death, inability,

or absence from the State, the speaker of the house of commons,

shall exercise the powers of government, after such death, or

during such absence or inability of the governor, or speaker of

the senate, or until a new nomination is made by the general



assembly." footnote #9

20. "That, in every case, where any officer, the right of whose

appointment is, by this constitution, vested in the general

assembly, shall, during their recess, die, or his office by other

means become vacant, the governor shall have power, with the

advice of the council of State, to fill up such vacancy, by

granting a temporary commission, which shall expire at the end of

the next session of the general assembly." footnote #9



Also take notice who was not allowed to serve as Council of

State:



26. "That no treasurer shall have a seat, either in the senate,

house of commons, or council of state, during his continuance in

that office, or before he shall have finally settled his accounts

with the public, for all the moneys which may be in his hands ,

at the expiration of his office, belonging to the State, and hath

paid the same into the hands of the succeeding treasurer."



27. "That no officer in the regular army or navy, in the service

and pay of the United States, of this State or any other State,

nor any contractor or agent for supplying such army or navy with

clothing or provisions, shall have a seat either in the senate ,

house of commons, or council of state, or be eligible thereto;

and any member of the senate, house of commons, or council of

state, being appointed to ,and accepting of such office, shall

thereby vacate his seat."



28. "That no member of the council of state shall have a seat,

either in the senate or house of commons."



30. "That no secretary of this State, attorney-general, or clerk

of any court of record, shall have a seat in the senate, house of

commons, or council of state." footnote #9



The king continued to rule through the Council of State

until several things were in place, his bank, his laws and

tradition. The king succeeded by the acceptance of the American

people that they were free, along with the whole of our history

not being taught in our schools. The next change to the Council

of State came at the conquest of this country, I referred to this

in part 1, and in A Country Defeated In Victory.



Read this quote from the 1868 North Carolina constitution,

Article 3, sec 14:



SEC. 14. "The Secretary of State, Auditor, Treasurer,

Superintendent of Public Works, and Superintendent of Public

Instruction, shall constitute ex officio, the Council of State,

who shall advise the Governor in the execution of his office, and

three of whom shall constitute a quorum; their advice and

proceedings in this capacity shall be entered in a Journal, to be

kept for this purpose exclusively, and signed by the members

present, from any part of which any member may enter his dissent;

and such journal shall be placed before the General Assembly when

called for by either House. The Attorney General shall be, ex

offici, the legal adviser of the Executive Department." footnote

#10



After the Civil War, the conquest of America, you see those

that were allowed to be Council of State, were elected officials.

Under the 1776 North Carolina Constitution, it was unlawful for

these elected officials to be Council of State. Why? Because,



the king could not trust the common man to obey him, now that

they thought they were free. After the Civil War the Council of

State was no longer needed to fulfill the public policy of the

king, the Council of State still exists today, but in a reduced

capasity as far as the king goes. Now he had the 14th Amendment,

his lawyers in the government, his bankers in control of the

governments money, and above all greed that causes most in office

to continue the status quo.







The Federal Reserve, Taxes and Tax Court



What I will show you next will shock you. I made brief mention

in part 1, that taxes paid in this country were under treaty to

the king of England. How about if I told you that the law that

created our taxes and this countries tax court go back in history

to William the Conqueror. And to further help you understand the

below definitions, exchequer is the British branch of the Federal

Reserve.



Exchequer: "The English department of revenue. A very ancient

court of record, set up by William the Conqueror, as a part of

the aula regia, and intended principally to order the revenues of

the crown, and to recover the king's debts and duties. It was

called exchequer, "scaccharium," from the checked cloth,

resembling a chessboard, which covers the table." Ballentine's

Law Dictionary



Exchequer: "That department of the English government which has

charge of the collection of the national revenue; the treasury

department." Black's Law Dictionary 4th ed.



Exchequer: "In English Law. A department of the government

which has the management of the collection of the king's

revenue." Bouvier's Law Dictionary 1914 ed.



Court of Exchequer: "56.The court of exchequer is inferior in

rank not only to the court of king's bench, but to the common

pleas also: but I have chosen to consider it in this order, on

account of its double capacity, as a court of law and a court of

equity [44] also. It is a very ancient court of record, set up

by William the Conqueror, as a part of the aula regia, through

regulated and reduced to its present order by King Edward I; and

intended principally to order the revenues of the crown, and to

recover the king's debts and duties. It is called the exchequer,

scaccharium, from the chequed cloth, resembling a chess-board,

which covers the table there; and on which, when certain of the

king's accounts are made up, the sums are marked and scored with

counters. It consists of two divisions; the receipt of the

exchequer, which manages to royal revenue, and with which these

Commentaries have no concern; and the court or judicial part of

it, which is again subdivided into a court of equity, and a court

of common law."

Black Stone Commentaries Book III, pg 1554



Court of Exchequer: "An English superior court with jurisdiction

of matter of law and matters involving government revenue."

Ballentine's Law Dictionary



Court of Exchequer: "A court for the correction and prevention of

errors of law in the three superior common-law courts of the

kingdom.

A court of exchequer chamber was first erected by statute 31

Edw. III. C. 12, to determine causes upon writs of error from the



common-law side of the exchequer court. It consisted of the

chancellor, treasurer, and the "justices and other sage persons

as to them seemeth." The judges were merely assistants. A

second court of exchequer chamber was instituted by statute 27

Eliz. C. 8, consisting of the justices of the common pleas and

the exchequer, or any six of them, which had jurisdiction in

error of cases in the king's bench. In exchequer chamber

substituted in their place as an intermediate court of appeal

between the three common-law courts and Parliament. It consisted

of the judges of the two courts which had not rendered the

judgement in the court below. It is now merged in the High Court

of Justice."

Bouvier's Law Dictionary 1914 ed.



It gets worse, are you just a little ticked off, or maybe

you are starting to question what you have been taught all these

years? It's time to wake up America!

If you'll look at the Judiciary Act of 1789 (I know most

won't take time to read it), you'll see that all district courts

are admiralty courts. This is the king's court of commerce, in

which he is the plaintiff, recovering damages done against him,

or what belongs to him.

The equity court of the exchequer: "57. The court of equity is

held in the exchequer chamber before the lord treasurer, the

chancellor of the exchequer, the chief baron, and three puisne'

ones. These Mr. Selden conjectures to have been anciently made

out of such as were barons of the kingdom, or parliamentary

barons; and thence to have derived their name: which conjecture

receives great strength form Bracton's explanation of magna

carta, c.14, which directs that the earls and barons be amerced

by their peers; that is, says he, by the barons of the exchequer.

The primary and original business of this court is to call the

king's debtors to account, by bill filed by the attorney general;

and to recover any lands, tenements, or hereitaments, any goods,

chattels, or other profits or benefits, belonging to the crown.

So that by their original constitution the jurisdiction of the

courts of common pleas, king's bench, and exchequer, was entirely

separate and distinct; the common pleas being intended to decide

all controversies between subject and subject; the king's bench

to correct all crimes and misdemeanors that amount to a breach of

the peace, the king being then the plaintiff, as such offenses

are in open derogation of the jura regalia (regal rights) of his

crown; and the exchequer to adjust [45] and recover his revenue,

wherein the king also is plaintiff, as the withholding and

nonpayment thereof is an injury to his jura fiscalia (fisical

rights). But, as by a fiction almost all sorts of civil actions

are now allowed to be brought in the king's bench, in like manner

by another fiction all kinds of personal suits may be prosecuted

in the court of exchequer. For as all the officers and ministers

of this court have, like those of other superior courts, the

privilege of suing and being sued only in their own court; so

exchequer, are privileged to sue and implead all manner of

persons in the same court of equity that they themselves are



called into. They have likewise privilege to sue and implead one

another, or any stranger, in the same kind of common-law actions

(where the personalty only is concerned) as are prosecuted in the

court of common pleas."

Black Stone Commentaries Book III, pg 1554



The common-law court of the exchequer: "58. This gives original

to the common-law part of their jurisdiction, which was

established merely for the benefit of the king's accountants, and

is exercised by the barons only of the exchequer, and not the

treasurer or chancellor. The writ upon which the plaintiff

suggests that he is the king's farmer or debtor, and that the

defendant hath done him the injury or damage complained of; quo

minus sufficient exist, by which he is the less able, to pay the

king his debt or rent. And these suits are expressly directed,

by what is called the statute of Rutland, to be confined to such

matters only as specially concern the king or his ministers of

the exchequer. And by the articuli super cartas it is enacted

that no common pleas be thenceforth holden in the exchequer,

contrary to the form of the great charter. But not, by the

suggestion of privilege, any person may be admitted to sue in the

exchequer as well as the king's accountant. The surmise of being

debtor to the king is therefore become matter of form and mere

words of course, and the court is open to all the nation equally.

The same holds with regard to the equity side of the court: for

there any person may file [46] a bill against another upon a bare

suggestion that he is the king's accountant; but whether he is so

or not is never controverted. In this court, on the nonpayment

of titles; in which case the surmise of being the king's debtor

is no fiction, they being bound to pay him their first-fruits,

and annual tenths. But the chancery has of late years obtained a

large share in this business."

Black Stone Commentaries Book III, pg 1555



Definition of a legal fiction: For a discussion of fictions in

law, see chapter II of Maine's Ancient Law, and Pollock's note D

in his edition of the Ancient Law. Blackstone gives

illustrations of legal fictions on pages 43, 45, 153, 203 of this

book. Mr Justice Curtis (Jurisdiction of United States Courts,

2d ed., 148) gives the following instance of a fiction in our

practice:

"A suit by or against a corporation in its corporate name

may be presumed to be a suit by or against citizens of the state

which created the corporate body, and no averment or denial to

the contrary is admissible for the purpose of withdrawing the

suit from the jurisdiction of a court of the United States.

There is the Roman fiction: The court first decides the law,

presumes all the members are citizens of the state which created

the corporation, and then says, `you shall not traverse that

presumption'; and that is the law now. (Authors note-by your

residence you are incorporated) Under it, the courts of the

United States constantly entertain suits by or against

corporations. (Muller v. Dows, 94 U. S. 444, 24 L. Ed. 207.) It

has been so frequently settled, that there is not the slightest

reason to suppose that it will ever be departed from by the



court. It has been repeated over and over again in subsequent

decisions; and the supreme court seem entirely satisfied that it

is the right ground to stand upon; and, as I am now going to

state to you, they have applied it in some cases which go beyond,

much beyond, these decisions to which I have referred. So that

when a suit is to be brought in a court of the United States by

or against a corporation, by reason of the character of the

parties, you have only to say that this corporation (after naming

it correctly) was created by a law of the state; and that is

exactly the same in its consequences as if you could allege, and

did allege, that the corporation was a citizen of that state.

According to the present decisions, it is not necessary you

should say that the members of that corporation are citizens of

Massachusetts. They have passed beyond that. You have only to

say that the corporation was created by a law of the state of

Massachusetts, and has its principal place of business in that

state; and that makes it, for the purposes of jurisdiction, the

same as if it were a citizen of that state" See Pound, Readings

in Roman Law, 95n.

Black Stone Commentaries Book III, pg 1553



Combine this with what I said earlier concerning power of

the treaty and it's creation of the corporate State, and you now

know why you are not allowed to challenge residence or subjection

in the State Courts. And because of the treaty, residence in the

State is synonymous with residence in the district. I know this

puts a sour taste in your mouth, because it does mine, but that

is the condition we find ourselves in. The only way I see to

change it, is to change the treaty and reinforce the original

Declaration of Independence, but this would meet severe objection

on the part of the international Bankers, and or course the

king's heirs in England. And most Americans, even if they were

aware of this information, would have no stomach for the turmoil

this would cause.



Still a little fuzzy on what has taken place, the word

Exchequer is still used today? In Britain the Exchequer is the

Federal Reserve, the same as our Federal Reserve. They just

changed the name here as they have done many things to cloud what

is taking place, hoping no one would catch on. Who wrote the

Federal Reserve Act, and put it in place in this country?

Bankers from the Bank of England with their counter part in New

York!



Congressman McFadden: "I hope that is the case, but I may say to

the gentleman that during the sessions of this Economic

Conference in London there is another meeting taking place in

London.

We were advised by reports from London last Sunday of the arrival

of George L. Harrison, Governor of the Federal Reserve Bank of

New York, and we were advised that accompanying him was Mr.

Crane, the Deputy Governor, and James P. Warburg, of the Kuhn-

Loeb banking family, of New York and Hamburg, Germany, and also

Mr. O. M. W. Sprague, recently in the pay of Great Britain as

chief economic and financial adviser of Mr. Norman, Governor of

the Bank Of England, and now supposed to represent our Treasury.

These men landed in England and rushed to the Bank of England for



a private conference, taking their luggage with them, before even

going to their hotel. We know this conference has been taking

place for the past 3 days behind closed doors in the Bank of

England with these gentlemen meeting with heads of the Bank of

England and the Bank for International Settlements, of Basel,

Switzerland, and the head of the Bank France, Mr. Maret. They

are discussing war debts; they are discussing stabilization of

exchanges and the Federal Reserve System, I may say to the

Members of the House.

The Federal reserve System, headed by George L. Harrison, is

our premier, who is dealing with debts behind the closed doors of

the Bank of England; and the United States Treasury is there,

represented by O. M. W. Sprague, who until the last 10 days was

the representative of the Bank of England, and by Mr. James P.

Warburg, who is the son of the principal author of the Federal

Reserve Act. Many things are being settled behind the closed

doors of the Bank of England by this group. No doubt this group

were pleased to hear that yesterday the Congress passed

amendments to the Federal Reserve Act and that the President

signed the bill which turns over to the Federal Reserve System

the complete total financial resources of money and credit in the

United States. Apparently the domination and control of the

international banking group is being

strengthened....Congressional Record, June 14, 1934



What else does the Exchequer do? The government (Congress)

puts up bonds (bills of credit) on the international market, that

the Federal Reserve (Exchequer) prints fiat money, for which the

government (Congress) is the guarantor for, read the following

quote:



Exchequer Bills: Bills of credit issued by authority of

parliament.

They constitute the medium of transaction of business

between the bank of England and the government. The exchequer

bills contain a guarantee from government which secures the

holders against loss by fluctuation. Bouvier's Law Dictionary

1914 ed.



Also re-read "A Country Defeated In Victory". Who do you

think the national debt is owed to? If that's not bad enough the

bond indebtedness allowed the king to foreclose on his colony

when it was time for the one World government, the king/bankers

caused us to reorganize under bankruptcy. The Bank of England

allowed the United States to use you and I (our labor) for

collateral and all the property in America, read the following

quote:

Congressman Lemke: "....This nation is bankrupt; every State in

this Union is bankrupt; the people of the United States, as a

whole, are bankrupt. The public and private debts of this

Nation, which are evidenced by bonds, mortgages, notes, or other

written instruments about to about $250,000,000,000, and it is

estimated that there is about $50,000,000,000 of which there is

no record, making in all about $300,000,000,000 of public and

private debts. The total physical cash value of all the property

in the United States is now estimated at about $70,000,000,000.

That is more than it would bring if sold at public auction. In

this we do not include debts or the evidence of debts, such as



bonds, mortgages, and so fourth. These are not physical

property. They will have to be paid out of the physical

property. How are we going to pay $300,000,000,000 with only

$70,000,000,000?" Congressional Record, March 3, 1934, footnote

#10



This debt was more than could be paid as of 1934, this

caused the declared bankruptcy by President Roosevelt. Now the

national debt is over 12,000,000,000,000. The government only

tells you about 5,000,000,000,000, they don't tell you about the

corporate debt, which America is also guarantor for. Add to that

the personal debt; you know credit cards and home loans, and it

approaches 20,000,000,000,000, that's trillion for those of you

that miss read the number of zero's. Mix this with a super

inflated stock market and a huge trade deficit, and that is what

brings you to understand my subtitle for this paper. BEND OVER

AMERICA. What could possibly be the purpose of the international

bankers allowing our nation to over extend so badly and not cut

us off? When back in 1934 they could have legally seized the

whole country. We are being used for the purpose of the

international bankers which is loaning money to third world

countries, to enslave them as we are, to colonize the world for

Britain, and to use our military machine to control unruly

countries and to collect the king's debt. There will soon be a

United Nations personal income tax for the whole world. The end

purpose of the international bankers, is a one world government,

with England as the center of government and the international

bankers calling the shots.



Don't despair all these things have to come to pass. I used

to think; what if? Jesus Word says, these things have to take

place for the world government to come to pass.



I am going to share a dream I had, July 1992, at the risk of

being ridiculed. I told my friend who is mentioned in the dream,

the next day. At that time neither of us understood the dream,

about a month later I started to understand when I began learning

about admiralty law and where our admiralty law came from. As

time has passed I have come to understand the dream, because of

further information coming to light, such as the information

contained in part 1, and part 2, which you are now reading. I

new when I woke up that the dream was not the normal nonsense you

can sometimes experience in a dream. And I might add I dream

very seldom, after having this dream I was given the desire to

write down and pass along the information that has been brought

my way, via. the Holy Spirit. The information has defined the

dream not the other way around.





MY DREAM





July 1992 A record of a dream I had. I was what

appeared to be hovering above the below scene, and it appeared to

be three dimensional, like the scene had texture. It was also in

color, with the smell of war in the air. I awoke at 5:00 am, and

was wide awake and immediately wrote down what took place in my

dream.





A friend and I were among thousands of Christians that were

massed together awaiting execution. I saw untold thousands of



Christians executed before us. There were many troops guarding

us, these troops were British; they had on Revolutionary War

clothing and were carrying the old style muskets.

The people that went before us to be executed went

voluntarily. They went out of some false sense of duty to this

envisioned government, that was British controlled. These people

were in ranks waiting to be lead away to their death. While

standing in the ranks my friend and I kept looking at one

another, but we were separated by what seemed to be hundreds of

people.

Just before they called our number they lead us away (untold

thousands) under guard to return later. I asked some of the

people in the ranks to step aside so I could get next to my

friend. I told him that while I was in the ranks awaiting death,

the Holy Spirit told me not to listen to their reasons for death,

but to consider His reasons (Holy Spirit's) for the sanctity of

life and that we were to do whatever it took to stay alive and

defeat the beast. I saw myself tapping my friend on the head,

and told him this was an example of how the Holy Spirit related

to me, that He wanted our attention.

The Holy Spirit said we were to go and do the Holy Spirit's

bidding no matter where it lead us and that we would be

protected. We both looked at each other and decided we could not

die voluntarily as the other Christians. We looked at each other

and said this is crazy, my friend said this is voluntary just

like being a Fourteenth Amendment citizen. We then walked out of

the ranks right in front of the British guards, unseen and

escaped.



Keep in mind you cannot control your dreams. Does God

Almighty still communicate through dreams as he did with George

Washington? The Bible makes it clear He does. Whether this

dream is a product of uncontrolled imagination while asleep, or

insight from the Holy Spirit, I will only say, let history

decide. I am satisfied of the dreams origin, because of its

fulfillment through recent knowledge, that wasn't known at that

time. I hope you will read the rest of the documentation in the

footnotes following this commentary.





FOOTNOTES







Footnote #1



Chronology of North Carolina Governors Original Virginia Colony

Ralph Lane, 1585 - 1586

John White, 1587





Commander of the Southern Plantation

Samuel Stephens, 1662 - 1664 (later governor under Lords

Proprietors)

Lords Proprietors

William Drummond, 1664 - 1667

Samuel Stephens, 1667 - 1669 (previously Commander of the

Southern Plantation)<>From Twenty Years of Congress: From Lincoln to Garfield.



With a review of the events which led to the political revolution

of 1860, by James G. Blaine. Vol. II, pp. 681-682.







An Act to provide for the more efficient government of the rebel

states.



"Whereas no legal State governments or adequate protection

for life or property now exist in the rebel States of Virginia,

North Carolina, South Carolina, Georgia, Mississippi, Alabama,

Louisiana, Florida, Texas, and Arkansas; and whereas it is

necessary that peace and good order should be enforced in said

States until loyal and republican State governments can be

legally established: Therefore."



"Be it enacted, That said rebel States shall be divided

into military districts and made subject to the military

authority of the United States, as hereinafter prescribed, and

for that purpose Virginia shall constitute the first district;

North Carolina and South Carolina the second district; Georgia,

Alabama, and Florida the third district; Mississippi and Arkansas

the fourth district; and Louisiana and Texas the fifth district."



Sec. 2. "That it shall be the duty of the President to assign to

the command of each of said districts an officer of the army, not

below the rank of brigadier-general, and to detail a sufficient

military force to enable such officer to perform his duties and

enforce his authority within the district to which he is

assigned."



Sec. 3. "That it shall be the duty of each officer assigned as

aforesaid to protect all persons in their rights of person and

property, to suppress insurrection, disorder, and violence, and

to punish, or cause to be punished, all disturbers of the public

peace and criminals, and to this end he may allow local civil

tribunals to take jurisdiction of and to try offenders, or, when

in his judgment it may be necessary for the trial of offenders,

he shall have power to organize military commissions or tribunals

for that purpose; and all interference under color of State

authority with the exercise of military authority under this act

shall be null and void."



Sec. 4. "That all persons put under military arrest by virtue of

this act shall be tried without unnecessary delay, and no cruel

or unusual punishment shall be inflicted; and no sentence of any

military commission or tribunal hereby authorized, affecting the



life or liberty of any person, shall be executed until it is

approved by the officer in command of the district, and the laws

and regulations for the government of the army shall not be

affected by this act, except in so far as they conflict with its

provisions:



"Provided, That no sentence of death under the provisions of

this act shall be carried into effect without the approval of the

President."



Sec. 5."That when the people of any one of said rebel States

shall have formed a constitution of government in conformity with

the Constitution of the United States in all respects, framed by

a convention of delegates elected by the male citizens of said

State twenty-one years old and upward, of whatever race, color,

or previous condition, who have been resident in said State for

one year previous to the day of such election, except such as may

be disfranchised for participation in the rebellion, or for

felony at common law, and when such constitution shall provide

that the elective franchise shall be enjoyed by all such persons

as have the qualifications herein stated for electors of

delegates, and when such constitution shall be ratified by a

majority of the persons voting on the question of ratification

who are qualified as electors for delegates, and when such

constitution shall have been submitted to Congress for

examination and approval, and Congress shall have approved the

same, and when said State, by a vote of its legislature elected

under said constitution, shall have adopted the amendment to the

Constitution of the United States, proposed by the Thirty-Ninth

Congress, and known as a targe."



"After Ten Amend article fourteen, and when said article

shall have become a part of the Constitution of the United

States, said State shall be declared entitled to representation

in Congress, and Senators and Representatives shall be admitted

therefrom on their taking the oaths prescribed by law, and then

and thereafter the preceding sections of this act shall be

inoperative in said State:



"Provided, That no person excluded from the privilege of

holding office by said proposed amendment to the Constitution of

the United States shall be eligible to election as a member of

the convention to frame a constitution for any of said rebel

States, nor shall any such person vote for members of such

convention."



Sec. 6."That until the people of said rebel states shall be by

law admitted to representation in the Congress of the United

States, any civil governments which may exist therein shall be

deemed provisional only, and in all respects subject to the

paramount authority of the United States at any time to abolish,

modify, control, or supersede the same; and in all elections to

any office under such provisional governments all persons shall

be entitled to vote, and none others, who are entitled to vote

under the provisions of the fifth section of this act; and no

person shall be eligible to any office under any such provisional

governments who would be disqualified from holding office under

the provisions of the third article of said constitutional

amendment."











Footnote #4



Reconstruction Act of March 11, 1868



AMENDATORY RECONSTRUCTION ACT OF MARCH 11, 1868



>From Twenty Years of Congress: From Lincoln to Garfield.



With a review of the events which led to the political revolution

of 1860, by James G. Blaine. Vol. II, p. 687.



"An Act to amend the act passed March 23, 1867, entitled An

Act supplementary to 'An act to provide for the more efficient

government of the rebel states,' passed March 2, 1867, and to

facilitate their restoration."



"Be it enacted, That hereafter any election authorized by

the act passed March 23, 1867, entitled "An Act supplementary to

'An act to provide for the more efficient government of the rebel

states,' passed March 2, 1867, and to facilitate their

restoration," shall be decided by a majority of the votes

actually cast; and at the election in which the question of the

adoption or rejection of any constitution is submitted, any

person duly registered in the State may vote in the election

district where he offers to vote when he has resided therein for

ten days next preceding such election, upon presentation of his

certificate of registration, his affidavit, or other satisfactory

evidence, under such regulations as the district commanders may

prescribe."



Sec. 2. "That the constitutional convention of any of the States

mentioned in the acts to which this is amendatory may provide

that at the time of voting upon the ratification of the

constitution, the registered voters may vote also for members of

the House of Representatives of the United States, and for all

elective officers provided for by the said constitution; and the

same election officers, who shall make the returns of the votes

cast on the ratification or rejection of the constitution, shall

enumerate and certify the votes cast for members of Congress."







Footnote #5



Reconstruction Act of March 23, 1867



SUPPLEMENTARY RECONSTRUCTION ACT OF FORTIETH CONGRESS.



>From Twenty Years of Congress: From Lincoln to Garfield.



With a review of the events which led to the political revolution

of 1860, by James G. Blaine. Vol. II, pp. 682-685.



An Act supplementary to an act entitled



An act to provide for the more efficient government of the

rebel states, passed March second, eighteen hundred and

sixty-seven, and to facilitate restoration.





"Be it enacted, That before the first day of September,

eighteen hundred and sixty-seven, the commanding general in each

district defined by an act entitled."



"An Act to provide for the more efficient government of the

rebel States, passed March second, eighteen hundred and

sixty-seven, shall cause a registration to be made of the male

citizens of the United States, twenty-one years of age and

upwards, resident in each county or parish in the State or States

included in his district, which registration shall include only

those persons who are qualified to vote for delegates by the act

aforesaid, and who shall have taken and subscribed the following

oath or affirmation: "I, _____, do solemnly swear, (or affirm,)

in the presence of Almighty God, that I am a citizen of the State

of _____; that I have resided in said State for _____ months next



preceding this day, and now reside in the county of _____, or the

parish of _____, in said State, (as the case may be;) that I am

twenty-one years old; that I have not been disfranchised for

participation in any rebellion or civil war against the United

States, nor for felony committed against the laws of any State or

of the United States; that I have never been a member of any

State legislature, nor held any executive or judicial office in

any State and afterwards engaged in insurrection or rebellion

against the United States, or given aid or comfort to the enemies

thereof; that I have never taken an oath as a member of Congress

of the United States, or as an officer of the United States, or

as a member of any State legislature, or as an executive or

judicial officer of any State, to support the Constitution of the

United States, and afterwards engaged in insurrection or

rebellion against the United States or given aid or comfort to

the enemies thereof; that I will faithfully support the

Constitution and obey the laws of the United States, and will, to

the best of my ability, encourage others so to do, so help me

God;" which oath or affirmation may be administered by any

registering officer."



Sec. 2. "That after the completion of the registration hereby

provided for in any State, at such time and places therein as the

commanding general shall appoint and direct, of which at least

thirty days' public notice shall be given, an election shall be

held of delegates to a convention for the purpose of establishing

a constitution and civil government for such state loyal to the

Union, said convention in each State, except Virginia, to consist

of the same number of members as the most numerous branch of the

State legislature of such State in the year eighteen hundred and

sixty, to be apportioned among the several districts, counties,

or parishes of such State by the commanding general, giving to

each representation in the ratio of voters registered as

aforesaid, as nearly as may be. The convention in Virginia shall

consist of the same number of members as represented the

territory now constituting Virginia in the most numerous branch

of the legislature of said State in the year eighteen hundred and

sixty, to be apportioned as aforesaid."



Sec. 3. "That at said election the registered voters of each

State shall vote for or against a convention to form a

constitution therefor under this act. Those voting in favor of

such a convention shall have written or printed on the ballots by

which they vote for delegates, as aforesaid, the words "For a

convention," and those voting against such a convention shall

have written or printed on such ballots the words "Against a

convention." The person appointed to superintend said election,

and to make return of the votes given thereat, as herein

provided, shall count and make return of the votes given for and

against a convention; and the commanding general to whom the same

shall have been returned shall ascertain and declare the total

vote in each State for and against a convention. If a majority of

the votes given on that question shall be for a convention, then



such convention shall be held as hereinafter provided; but if a

majority of said votes shall be against a convention, then no

such convention shall be held under this act:



"Provided, That such convention shall not be held unless a

majority of all such registered voters shall have voted on the

question of holding such convention."



Sec. 4. "That the commanding general of each district shall

appoint as many boards of registration as may be necessary,

consisting of three loyal officers or persons, to make and

complete the registration, superintend the election, and make

return to him of the votes, lists of voters, and of the persons

elected as delegates by a plurality of the votes cast at said

election; and upon receiving said returns he shall open the same,

ascertain the persons elected as delegates according to the

returns of the officers who conducted said election, and make

proclamation thereof; and if a majority of the votes given

on that question shall be for a convention, the commanding

general, within sixty days from the date of election, shall

notify the delegates to assemble in convention, at a time and

place to be mentioned in the notification, and said convention,

when organized, shall proceed to frame a constitution and civil

government according to the provisions of this act and the act to

which is it supplementary; and when the same shall have been so

framed, said constitution shall be submitted by the convention

for ratification to the persons registered under the provisions

of this act at an election to be conducted by the officers or

persons appointed or to be appointed by the commanding general,

as hereinbefore provided, and to be held after the expiration of

thirty days from the date of notice thereof, to be given by said

convention; and the returns thereof shall be made to the

commanding general of the district."



Sec. 5. "That if, according to said returns, the constitution

shall be ratified by a majority of the votes of the registered

electors qualified as herein specified, cast at said election,

(at least one half of all the registered voters voting upon the

question of such ratification,) the president of the convention

shall transmit a copy of the same, duly certified, to the

President of the United States, who shall forthwith transmit the

same to Congress, if then in session, and if not in session,

then immediately upon its next assembling; and if it shall,

moreover, appear to Congress that the election was one at which

all the registered and qualified electors in the State had an

opportunity to vote freely and without restraint, fear, or the

influence of fraud, and if the Congress shall be satisfied that

such constitution meets the approval of a majority of all the

qualified electors in the State, and if the said constitution

shall be declared by Congress to be in conformity with the

provisions of the act to which this is supplementary, and the

other provisions of said act shall have been complied with, and

the said constitution shall be approved by Congress, the State

shall be declared entitled to representation, and Senators and

Representatives shall be admitted therefrom as therein provided."





Sec. 6. "That all elections in the States mentioned in the said

"Act to provide for the more efficient government of the rebel

States," shall, during the operation of said act, be by ballot;

and all officers making the said registration of voters and

conducting said elections shall, before entering upon the

discharge of their duties, take and subscribe the oath prescribed

by the oath 1862 act approved July second, eighteen hundred and

sixty-two, entitled "An act to prescribe an oath of office:"



"Provided, That if any person shall knowingly and falsely

take and subscribe any oath in this act prescribed, such person

so offending and being thereof duly convicted, shall be subject

to the pains, penalties, and disabilities which by law are

provided for the punishment of the crime of wilful and corrupt

perjury."



Sec. 7. "That all expenses incurred by the several commanding

generals, or by virtue of any orders issued, or appointments

made, by them, under or by virtue of this act, shall be paid out

of any moneys in the treasury not otherwise appropriated."



Sec. 8. "That the convention for each State shall prescribe the

fees, salary, and compensation to be paid to all delegates and

other officers and agents herein authorized or necessary to carry

into effect the purposes of this act not herein otherwise

provided for, and shall provide for the levy and collection of

such taxes on the property in such State as may be necessary to

pay the same."



Sec. 9. "That the word article, in the sixth section of the act

to which this is supplementary, shall be construed to mean

section."









Footnote #6





Reconstruction Act of July 19, 1867



SUPPLEMENTARY RECONSTRUCTION ACT OF JULY 19, 1867.







>From Twenty Years of Congress: From Lincoln to Garfield.



With a review of the events which led to the political revolution

of 1860, by James G. Blaine. Vol. II, pp. 685-687.







"An Act supplementary to an act entitled An Act to provide

for the more efficient government of the rebel states, passed on

the second day of March, 1867, and the act supplementary

thereto, passed on the 23d day of March, 1867."



"Be it enacted, That it is hereby declared to have been the

true intent and meaning of the act of the 2d day of March, 1867,

entitled "An act to provide for the more efficient government of

the rebel States," and of the act supplementary thereto, passed

on the 23d day of March, 1867, that the governments then existing

in the rebel States of Virginia, North Carolina, South Carolina,

Georgia, Mississippi, Alabama, Louisiana, Florida, Texas, and

Arkansas, were not legal State governments; and that thereafter

said governments, if continued, were to be continued subject in

all respects to the military commanders of the respective

districts, and to the paramount authority of Congress."



Sec. 2."That the commander of any district named in said act

shall have power, subject to the disapproval of the General of

the army of the United States, and to have effect till

disapproved, whenever in the opinion of such commander the proper

administration of said act shall require it, to suspend or remove

from office, or from the performance of official duties and the

exercise of official powers, any officer or person holding or

exercising, or professing to hold or exercise, any civil or

military office or duty in such district under any power,

election, appointment, or authority derived from, or granted by,

or claimed under, any so-called State or the government thereof,

or any municipal or other division thereof; and upon such

suspension or removal such commander, subject to the disapproval

of the General as aforesaid, shall have power to provide from

time to time for the performance of the said duties of such

officer or person so suspended or removed, by the detail of some

competent officer or soldier of the army, or by the appointment

of some other person to perform the same, and to fill vacancies

occasioned by death, resignation, or otherwise."



Sec. 3. "That the General of the army of the United States shall

be invested with all the powers of suspension, removal,

appointment, and detail granted in the preceding section to

district commanders."



Sec. 4. "That the acts of the officers of the army already done

in removing in said districts persons exercising the functions of

civil officers, and appointing others in their stead, are hereby

confirmed: Provided, That any person heretofore or hereafter

appointed by any district commander to exercise the functions of

any civil office, may be removed either by the military officer

in command of the district, or by the General of the army. And it

shall be the duty of such commander to remove from office, as

aforesaid, all persons who are disloyal to the Government of the

United States, or who use their official influence in any manner

to hinder, delay, prevent, or obstruct the due and proper

administration of this act and the acts to which it is

supplementary."



Sec. 5."That the boards of registration provided for in the act

entitled "An act supplementary to an act entitled 'An act to

provide for the more efficient government of the rebel States,'

passed March 2, 1867, and to facilitate restoration," passed

March 23, 1867, shall have power, and it shall be their duty,

before allowing the registration of any person, to ascertain,

upon such facts or information as they can obtain, whether such

person is entitled to be registered under said act, and the oath

required by said act shall not be conclusive on such question,

and no person shall be registered unless such board shall decide

that he is entitled thereto; and such board shall also have power

to examine, under oath, (to be administered by any member of such

board,) any one touching the qualification of any person claiming

registration; but in every case of refusal by the board to

register an applicant, and in every case of striking his name

from the list as hereinafter provided, the board shall make a

note or memorandum, which shall be returned with the registration

list to the commanding general of the district, setting forth the

grounds of such refusal or such striking from the list:



"Provided, That no person shall be disqualified as member of

any board of registration by reason of race or color."





Sec. 6. "That the true intent and meaning of the oath prescribed

in said supplementary act is, (among other things,) that no

person who has been a member of the Legislature of any State, or

who has held any executive or judicial office in any State,

whether he has taken an oath to support the Constitution of the

United States or not, and whether he was holding such office at

the commencement of the rebellion, or had held it before, and who

has afterwards engaged in insurrection or rebellion against the

United States, or given aid or comfort to the enemies thereof, is

entitled to be registered or to vote; and the words "executive or

judicial office in any State" in said oath mentioned shall be

construed to include all civil offices created by law for the

administration of any general law of a State, or for the

administration of justice."



sec. 7. "That the time for completing the original registration

provided for in said act may, in the discretion of the commander

of any district, be extended to the 1st day of October, 1867; and

the boards of registration shall have power, and it shall be

their duty, commencing fourteen days prior to any election under

said act, and upon reasonable public notice of the time and place

thereof, to revise, for a period of five days, the registration

lists, and, upon being satisfied that any person not entitled

thereto has been registered, to strike the name of such person

from the list, and such person shall not be allowed to vote. And

such board shall also, during the same period, add to such

registry the names of all persons who at that time possess the

qualifications required by said act who have not been already

registered; and no person shall, at any time, be entitled to be

registered or to vote, by reason of any executive pardon or

amnesty, for any act or thing which, without such pardon or

amnesty, would disqualify him from registration or voting."



Sec. 8. "That section four of said last-named act shall be

construed to authorize the commanding general named therein,

whenever he shall deem it needful, to remove any member of a

board of registration and to appoint another in his stead, and to

fill any vacancy in such board."



Sec. 9. "That all members of said boards of registration, and all

persons hereafter elected or appointed to office in said military

districts, under any so-called State or municipal authority, or

by detail or appointment of the district commanders, shall be

required to take and to subscribe the oath of office prescribed

by law for officers of the United States. I am not sure that

this is the oath intended here."



Sec. 10. "That no district commander or member of the board of

registration, or any of the officers or appointees acting under

them, shall be bound in his action by any opinion of any civil

officer of the United States."



Sec. 11. "That all the provisions of this act and of the acts to

which this is supplementary shall be construed liberally, to the

end that all the intents thereof may be fully and perfectly

carried out."







Footnote #7





Proclamation of Amnesty and Reconstruction





BY THE PRESIDENT OF THE UNITED STATES OF AMERICA:



A PROCLAMATION.



"Whereas, in and by the Constitution of the United States,

it is provided that the President "shall have power to grant

reprieves and pardons for offenses against the United States,

except in cases of impeachment;" and

"Whereas a rebellion now exists whereby the loyal State

governments of several States have for a long time been

subverted, and many persons have committed and are now guilty of

treason against the United States; and Whereas, with reference to

said rebellion and treason, laws have been enacted by Congress

declaring forfeitures and confiscation of property and liberation

of slaves, all upon terms and conditions therein stated, and also

declaring that the President was thereby authorized at any time

thereafter, by proclamation, to extend to persons who may have

participated in the existing rebellion, in any State or part

thereof, pardon and amnesty, with such exceptions and at such

times and on such conditions as he may deem expedient for the

public welfare;" and

"Whereas the congressional declaration for limited and

conditional pardon accords with well-established judicial

exposition of the pardoning power;" and

"Whereas, with reference to said rebellion, the President of

the United States has issued several proclamations, with

provisions in regard to the liberation of slaves; and

Whereas it is now desired by some persons heretofore engaged in

said rebellion to resume their allegiance to the United States,

and to reinaugurate loyal State governments within and for their

respective States; therefore,"

"I, Abraham Lincoln, President of the United States, do

proclaim, declare, and make known to all persons who have,

directly or by implication, participated in the existing

rebellion, except as hereinafter excepted, that a full pardon is

hereby granted to them and each of them, with restoration of all

rights of property, except as to slaves, and in property cases

where rights of third parties shall have intervened, and upon the

condition that every such person shall take and subscribe an

oath, and thenceforward keep and maintain said oath inviolate;

and which oath shall be registered for permanent preservation,

and shall be of the tenor and effect following, to wit:"



"I, --------, do solemnly swear, in presence of Almighty God,

that I will henceforth faithfully support, protect and defend the

Constitution of the United States, and the union of the States

thereunder; and that I will, in like manner, abide by and

faithfully support all acts of Congress passed during the

existing rebellion with reference to slaves, so long and so far

as not repealed, modified or held void by Congress, or by

decision of the Supreme Court; and that I will, in like manner,

abide by and faithfully support all proclamations of the

President made during the existing rebellion having reference to

slaves, so long and so far as not modified or declared void by

decision of the Supreme Court. So help me God."



"The persons excepted from the benefits of the foregoing

provisions are all who are, or shall have been, civil or



diplomatic officers or agents of the so-called confederate

government; all who have left judicial stations under the United

States to aid the rebellion; all who are, or shall have been,

military or naval officers of said so-called confederate

government above the rank of colonel in the army, or of

lieutenant in the navy; all who left seats in the United States

Congress to aid the rebellion; all who resigned commissions in

the army or navy of the United States, and afterwards aided the

rebellion; and all who have engaged in any way in treating

colored persons or white persons, in charge of such, otherwise

than lawfully as prisoners of war, and which persons may have

been found in the United States service, as soldiers, seamen, or

in any other capacity."

"And I do further proclaim, declare, and make known, that

whenever, in any of the States of Arkansas, Texas, Louisiana,

Mississippi, Tennessee, Alabama, Georgia, Florida, South

Carolina, and North Carolina, a number of persons, not less than

one-tenth in number of the votes cast in such State at the

Presidential election of the year of our Lord one thousand eight

hundred and sixty, each having taken the oath aforesaid and not

having since violated it, and being a qualified voter by the

election law of the State existing immediately before the

so-called act of secession, and excluding all others, shall

re-establish a State government which shall be republican, and in

no wise contravening said oath, such shall be recognized as the

true government of the State, and the State shall receive

thereunder the benefits of the constitutional provision which

declares that "The United States shall guaranty to every State in

this union a republican form of government, and shall protect

each of them against invasion; and, on application of the

legislature, or the executive, (when the legislature cannot be

convened,) against domestic violence."

"And I do further proclaim, declare, and make known that any

provision which may be adopted by such State government in

relation to the freed people of such State, which shall recognize

and declare their permanent freedom, provide for their education,

and which may yet be consistent, as a temporary arrangement, with

their present condition as a laboring, landless, and homeless

class, will not be objected to by the national Executive. And it

is suggested as not improper, that, in constructing a loyal State

government in any State, the name of the State, the boundary,

the subdivisions, the constitution, and the general code of laws,

as before the rebellion, be maintained, subject only to the

modifications made necessary by the conditions hereinbefore

stated, and such others, if any, not contravening said

conditions, and which may be deemed expedient by those framing

the new State government."

"To avoid misunderstanding, it may be proper to say that

this proclamation, so far as it relates to State governments, has

no reference to States wherein loyal State governments have all

the while been maintained. And for the same reason, it may be

proper to further say that whether members sent to Congress from



any State shall be admitted to seats, constitutionally rests

exclusively with the respective Houses, and not to any extent

with the Executive. And still further, that this proclamation is

intended to present the people of the States wherein the national

authority has been suspended, and loyal State governments have

been subverted, a mode in and by which the national authority and

loyal State governments may be re-established within said States,

or in any of them; and, while the mode presented is the best the

Executive can suggest with his present impressions, it must not

be understood that no other possible mode would be

acceptable."

"Given under my hand at the city, of Washington, the 8th.

day of December, A.D. one thousand eight hundred and sixty-three,

and of the independence of the United States of America the

eighty-eighth."





ABRAHAM LINCOLN



By the President:



WILLIAM H. SEWARD, Secretary of State







Footnote #8





Veto message by President Johnson, March 2, 1867



"I have examined the bill to provide for the more efficient

government of the Rebel States' with care and anxiety which its

transcendent importance is calculated to awaken. I am unable to

give it my assent for reasons so grave that I hope a statement of

them may have some influence on the minds of the patriotic and

enlightened men with whom the decision must ultimately rest."

"The bill places all the people of the ten states therein

named under the absolute domination of military rules; and the

preamble undertakes to give the reason upon which the measure is

based and the ground upon which it is justified. It declares

that there exists in those States no legal governments and no

adequate protection for life or property, and asserts the

necessity of enforcing peace and good order within their limits.

This is not true as a matter of fact."

"It is not denied that the States in question have each of

them an actual government, with all the powers - executive,

judicial, and legislative - which properly belong to a free

state. They are organized like the other States of the Union,

and, like them, they make, administer, and execute the laws which

concern their domestic affairs. An existing de facto government,

exercising such functions as these, is itself the law of the

state upon all matters within its jurisdiction. To pronounce the

supreme law making power of an established state illegal is to

say that law itself is unlawful."

"The provisions which these governments have made for the

preservation of order, the suppression of crime, and the redress

of private injuries are in substance and principle the same as

those which prevailing the Northern States and in other civilized

countries. They certainly have not succeeded in preventing the

commission of all crime, nor has this been accomplished any where

in the world....But that people are maintaining local governments

for themselves which habitually defeat the object of all

government and render their own lives and property insecure is in

itself utterly improbable, and the averment of the bill to that



effect is not supported by any evidence which has come to my

knowledge...."

"The bill, however, would seem to show upon its face that

the establishment of peace and good order is not its real object.

The fifth section declares that the preceding sections shall

crease to operate in any state where certain events shall have

happened. These events are, first, the selection of delegates to

a State convention by an election at which Negroes shall be

allowed to vote; second, the formation of a State Constitution by

the convention so chosen; third, the insertion into the State

constitution of a provision which will secure the right of voting

at all elections to Negroes and to such white men as may not be

disfranchised for rebellion or felony; fourth, the submission of

the Constitution for ratification by their vote; fifth, the

submission of the State Constitution to Congress for examination

and approval, and the actual approval of it by that body; sixth,

the adoption of a certain amendment to the Federal Constitution

by a vote of Legislature elected under the new Constitution;

seventh, the adoption of said amendment by a sufficient number of

other States to make it a part of the Constitution of the United

States. All these conditions must be fulfilled before the people

of any of these States can be relieved from the bondage of

military domination; but when they are fulfilled, then

immediately the pains and penalties of the bill are to cease, no

matter whether there be peace and order or not, and without any

reference to the security of life or property. The excuse given

for the bill in the preamble is it establishes is plainly to be

used, not for any purpose of order or for the prevention of

crime, but solely as am means of coercing the people into the

adoption of principles and measures to which it is known that

they are opposed, and upon which they have an undeniable right to

exercise their own judgment."

"I submit to Congress whether this measure is not in its

whole character, scope, and object without precedent and without

authority, in palpable conflict with the plainest provisions of

liberty and humanity for which our ancestors on both sides of the

Atlantic have shed so much blood, and expended so much treasure."

"The ten States named in the bill are divided into five

districts. For each district an officer of the Army, not below

the rank of a brigadier-general, is to be appointed to rule over

the people; and he is to be supported with an efficient military

force to enable him to perform his duties and enforce his

authority. Those duties and that authority, as defined by the

third section of the bill, are 'to protect all persons in their

rights of person and property, to suppress insurrection,

disorder, and violence, and to punish or cause to be punished all

disturbers of the public peace or criminals'. The power thus

given to commanding officer over all the people of each district

is that of an absolute monarch. His mere will is to take the

place of all law...."

"It is plain that the authority here given to the military

officer amounts to absolute despotism. But to make it still more



unendurable, the bill provides that it may be delegated to as

many subordinates as he chooses to appoint, for it declares that

he shall 'punish or cause to be punished'. Such a power has not

been wielded by any Monarch in England for more than five hundred

years. In all that time no people who speak the English language

have borne such servitude. It reduces the whole population of

the ten States- all persons, of every color, sex and condition,

and every stranger within their limits- to the most abject and

degrading slavery. No master ever had a control so absolute over

the slaves as this bill gives to the military officers over both

white and colored persons...."

"I come now to a question which is, if possible, still more

important. Have we the power to establish and carry into

execution a measure like this? I answer, 'Certainly not', if we

derive our authority from the Constitution and if we are bound by

the limitations which is imposes."

"This proposition is perfectly clear, that no branch of the

Federal Government- executive, legislative, or judicial- can have

any just powers except those which it derives through and

exercises under the organic laws of the Union. Outside of the

Constitution we have no legal authority more than private

citizens, and within it we have only so much as that instrument

gives us. This broad principle limits all our functions and

applies to all subjects. It protects not only the citizens of

States which are within the Union, but it shields every human

being who comes or is brought under our jurisdiction. We have no

right to do in one place more than in another that which the

Constitution says we shall not do at all. If, therefore, the

Southern States were in truth out of the Union, we could not

treat their people in a way which the fundamental law forbids.

Some persons assume that the success of our arms in crushing the

opposition which was made in some of the States to the execution

of the Federal laws reduced those States and all their people -

the innocent as well as the guilty - to the condition of

vassalage and gave us a power over them which the Constitution

does not bestow or define or limit. No fallacy can be more

transparent than this. Our victories subjected the insurgents to

legal obedience, not to the yoke of an arbitrary despotism. When

an absolute sovereign reduces hi s rebellious subjects, he may

deal with them according to his pleasure, because he had that

power before. But when a limited monarch puts down an

insurrection, he must still govern according to law...."

"This is a bill passed by Congress in time of peace. There

is not in any one of the States brought under its operation

either war or insurrection. The laws of the States and of the

Federal Government are all in undisturbed and harmonious

operation. The courts, State and Federal, are open and in the

full exercise of their proper authority. Over every State

comprised in these five military districts, life, and property

are secured by State laws and Federal laws, and the National

Constitution is every where in force and every where obeyed.



What, then is the ground on which the bill proceeds? The title

of the bill announces that it is intended 'for the more efficient

government' of these ten States. It is recited by way of

preamble that no legal State Governments 'nor adequate protection

for live or property' exist in those States, and that peace and

good order should be thus recitals, which prepare the way for

martial law, is this, that the only foundation upon which martial

law can exist under our form of Government is not stated or so

much as pretended. Actual war, foreign invasion, domestic

insurrection -none of these appear; and none of these, in fact

exist. It is not even recited that any sort of war or

insurrection is threatened. Let us pause to consider, upon this

question of constitutional law and power of Congress, a recent

decision of the Supreme Court of the United States in ex parte

Milligan, I will first quote form the opinion of the majority of

the Court: 'Martial law can not arise from a threatened invasion.

The necessity must be actual and present, the invasion real, such

as effectually closes the courts and deposes the civil

administration'."

"We see that martial law come in only when actual war closes

the courts and deposes the civil authority; but this bill, in

time of peace, makes martial law operate as though we were in

actual war, and becomes the cause instead of the consequence of

the abrogation of civil authority. One more quotation: 'It

follows from what has been said on this subject that there are

occasions when martial law can be properly applied. If in

foreign invasion or civil war the courts are actually closed, and

it is impossible to administer criminal justice according to law,

then, on the theater of active military operations, where war

really prevails, there is a necessity to furnish a substitute for

the civil authority thus overthrown, to preserve the safety of

the army and society; and as no power is left by the military, it

is allowed to govern by martial rule until the laws can have

their free course."

"I now quote from the opinion of the minority of the court,

delivered by Chief Justice Chase: 'We by no means assert that

Congress can establish and apply the laws of war where no war has

been declared or exists. Where peace exists, the laws of peace

must prevail.'"

"This sufficiently explicit. Peace exists in all the

territory to which this bill applies. It asserts a power in

Congress, in time of peace, to set aside the laws of peace and to

substitute the laws of war. The minority, concurring with the

majority, declares that Congress does not possess that power....I

need not say to the representatives of the American people that

their Constitution forbids the exercise of judicial power in any

way but one- that is, by the ordained and established courts. It

is equally well known that in all criminal cases a trial by jury

is made indispensable by the express words of that instrument."

"...The Constitution also forbids the arrest of the citizen

without judicial warrant, founded on probable cause. This bill

authorizes an arrest without warrant, at pleasure of a military



commander. The Constitution declares that 'no person shall be

held to answer for a capital or otherwise infamous crime unless

on presentment of a grand jury'. This bill holds ever person not

a soldier answerable for all crimes and all charges without any

presentment. The Constitution declares that 'no person shall be

deprived of life, liberty, or property without due process of

law'. This bill sets aside all process of law, and makes the

citizen answerable in his person and property to the will of one

man, and as to his life to the will of two. Finally, the

Constitution declares that 'the privilege of the writ of habeas

corpus shall not be suspended unless when, in case of rebellion

or invasion, the public safety may require it'; whereas this bill

declares martial law (which of itself suspends this great writ)

in time of peace, and authorizes the military to make the arrest,

and gives to the prisoner only one privilege, and that is trial

'without unnecessary delay'. He has no hope of release from

custody, except the hope, such as it is, of release by acquittal

before a military commission."

"The United States are bound to guarantee to each State a

republican form of government. Can it be pretended that this

obligation is not palpably broken if we carry out a measure like

this, which wipes away every vestige of republican government in

ten States and puts the life, property, and honor of all people

in each of them under domination of a single person clothed with

unlimited authority?"

"....,here is a bill of attainder against 9,000,000 people

at once. It is based upon an accusation so vague as to be

scarcely intelligible and found to be true upon no credible

evidence. Not one of the 9,000,000 was heard in his own defense.

The representatives of the doomed parties were excluded from all

participation in the trial. The conviction is to be followed by

the most ignominious punishment ever inflicted on large messes of

men. It disfranchises them by hundreds of thousands and degrades

them all, even those who are admitted to be guiltless, from the

rank of freeman to the condition of slaves."

"The purpose and object of the bill- the general intent

which pervades it from beginning to end- is to change the entire

structure and character of the State Governments and to compel

them by force to the adoption of organic laws and regulations

which they are unwilling to accept if left to themselves. The

Negroes have not asked for the privilege of voting; the vast

majority of them have no idea what it means. This bill not only

thrusts it into their hands, but compels them, as well as the

whites, to use it in a particular way. If they do not form a

Constitution with prescribed articles in it and afterwards elect

a legislature which will act upon certain measures in a

prescribed way, neither blacks nor whites can be relieved from

the slavery which the bill imposes upon them. Without pausing

here to consider the policy or impolicy of Africanizing the

souther part of our territory, I would simply ask the attention

of Congress to the manifest, well-known, and universally



acknowledged rule of Constitutional law which declares that the

Federal Government has no jurisdiction, authority, or power to

regulate such subjects for any State. To force the right of

suffrage out of the hands of white people and into the hands of

the Negroes is an arbitrary violation of this principle...."

"That the measure proposed by this bill does violate the

Constitution in the particulars mentioned and in many other ways

which I forbear to enumerate is too clear to admit the least

doubt. It only remains to consider whether the injunctions of

that instrument ought to be obeyed or not. I think they ought to

be obeyed, for reasons which I will proceed to give as briefly as

possible. In the first place, it is the only system of free

Government which we can hope to have as a Nation. When it ceases

to be the rule of our conduct, we may perhaps take our choice

between complete anarchy, a consolidated despotism, and a total

dissolution of the Union; but national liberty regulated by law

will have passed beyond our reach..."

"It was to punish the gross crime of defying the

Constitution and to vindicate its supreme authority that we

carried on a bloody war of four year's duration. Shall we now

acknowledge that we sacrificed a million of lives and expended

billions of treasure to enforce a Constitution which is not

worthy of respect and preservation?...."

"It is a part of our public history which can never be

forgotten that both Houses of Congress, in July 1861, declared in

the form of a soleman resolution that the war was and should be

carried on for no purpose of subjugation, but solely to enforce

the Constitutional rights of the States and of individuals

unimpaired. This resolution was adopted and sent forth to the

world unanimously by the Senate and with only two dissenting

voices in the House. It was accepted by the friends of the Union

in the South as well as in the North as expressing honestly and

truly the object of the war. On the faith of it many thousands

of persons in both sections gave their lives and their fortunes

to the cause. To repudiate it now by refusing to the States and

to the individuals within them the 'rights' which the

Constitution and laws of the Union would secure to them is a

breach of our plighted honor for which I can imagine no excuse

and to which I cannot voluntarily become a party...."

"....I am thoroughly convinced that any settlement or

compromise or plan of actions which is inconsistent with the

principles of the Constitution will not only be unavailing, but

mischievous; that is will but multiply the present evils, instead

of removing them. The Constitution, in its whole integrity and

vigor, throughout the length and breadth of the land, is the best

of all compromises. Besides, our duty does not, in my judgement,

leave us a choice between that and any other. I believe that it

contains the remedy that is so much needed, and that if the

coordinate branches of the Government would unite upon its

provisions they would be found broad enough and strong enough to

sustain in time of peace the Nation which they bore safely



through the ordeal of a protracted civil war. Among the most

sacred guaranties of that instrument are those which declare that

'each State shall have at least one Representative', and that 'no

State, without its consent, shall be deprived of its equal

suffrage in the Senate'. Each House is made the 'judge of the

elections, returns and qualifications of its own members,' and

may, 'with the concurrence of two-thirds, expel a member'. Thus,

as heretofore urged, 'in the admission of Senators and

Representatives from any and all of the States there can no just

ground of apprehension that persons who are disloyal will be

clothed with the powers of legislation, for this could not happen

when the Constitution and the laws are enforced by a vigilant and

faithful Congress'. When a Senator or Representative presents

his certificate of election, he may at once be admitted or

rejected, or, should there be any question as to his eligibility,

his credentials may be referred for investigation to the

appropriate committee. If admitted to a seat, it must be upon

evidence satisfactory to the House of which he thus becomes a

member that he possesses the requisite constitutional and legal

qualifications. If refused admission as a member for want of due

allegiance to the Government, and returned to his constituents,

they are admonished that none but persons loyal to the United

States will be allowed a voice in the legislative councils of the

Nation, and the political power and moral influence of Congress

are thus effectively exerted in the interests of loyalty to the

Government and fidelity of the Union...."

"While we are legislating upon subjects which are of great

importance to the whole people, and which must affect all parts

of the country, not only hurting the life of the present

generation, but for ages to come, we should remember that all men

are entitled at least to a hearing in the councils which decide

upon the destiny of themselves and their children. At present

ten States are denied representation, and when the Fortieth

Congress assembles on the 4th day of the present month sixteen

States will be without a voice in the House of Representatives.

This grave fact, with the important questions before us, should

induce us to pause in a course of legislation which, looking

solely to the attainment of political ends, fails to consider the

rights it transgresses, the law which it violates, or the

institutions which it imperils."





Andrew Johnson







Footnote #9





Article 1. "A place, district, or country occupied by an enemy

stands, in consequence of the occupation, under the Martial Law

of the invading or occupying army, whether any proclamation

declaring Martial Law, or any public warning to the inhabitants,

has been issued or not. Martial Law is the immediate and direct

effect and consequence of occupation or conquest."

Gen. Orders No. 100 by President Lincoln, 24 April 1863



Art. 3. "Martial Law in a hostile country consists in the

suspension, by the occupying military authority, of the criminal

and civil law, and of the domestic administration and government

in the occupied place or territory, and in the substitution of



military rule and force for the same, as well as in the dictation

of general laws, as far as military necessity requires this

suspension, substitution, or dictation."

Gen. Orders No. 100 by President Lincoln, 24 April 1863



"The commander of the forces may proclaim that the

administration of all civil and penal law shall continue either

wholly or in part, as in times of peace, unless otherwise ordered

by the military authority."

Gen. Orders No. 100 by President Lincoln, 24 April 1863



Art. 6. "All civil and penal law shall continue to take its usual

course in the enemy's places and territories under Martial Law,

unless interrupted or stopped by order of the occupying military

power; but all the functions of the hostile government -

legislative executive, or administrative - whether of a general,

provincial, or local character, cease under Martial Law, or

continue only with the sanction, or, if deemed necessary, the

participation of the occupier or invader."

Gen. Orders No. 100 by President Lincoln, 24 April 1863



Art. 10. "Martial Law affects chiefly the police and collection

of public revenue and taxes, whether imposed by the expelled

government or by the invader, and refers mainly to the support

and efficiency of the army, its safety, and the safety of its

operations."

Gen. Orders No. 100 by President Lincoln, 24 April 1863



Art. 12. "Whenever feasible, Martial Law is carried out in cases

of individual offenders by Military Courts; but sentences of

death shall be executed only with the approval of the chief

executive, provided the urgency of the case does not require a

speedier execution, and then only with the approval of the chief

commander."

Gen. Orders No. 100 by President Lincoln, 24 April 1863



Art. 13."Military jurisdiction is of two kinds: First, that which

is conferred and defined by statute; second, that which is

derived from the common law of war. Military offenses under the

statute law must be tried in the manner therein directed; but

military offenses which do not come within the statute must be

tried and punished under the common law of war. The character of

the courts which exercise these jurisdictions depends upon the

local laws of each particular country."

Gen. Orders No. 100 by President Lincoln, 24 April 1863



Art. 17. "War is not carried on by arms alone. It is lawful to

starve the hostile belligerent, armed or unarmed, so that it

leads to the speedier subjection of the enemy."

Gen. Orders No. 100 by President Lincoln, 24 April 1863



Art. 26. "Commanding generals may cause the magistrates and civil

officers of the hostile country to take the oath of temporary

allegiance or an oath of fidelity to their own victorious

government or rulers, and they may expel everyone who declines to

do so. But whether they do so or not, the people and their civil

officers owe strict obedience to them as long as they hold sway

over the district or country, at the peril of their lives."

Gen. Orders No. 100 by President Lincoln, 24 April 1863



Art. 31. "A victorious army appropriates all public money, seizes

all public movable property until further direction by its

government, and sequesters for its own benefit or of that of its



government all the revenues of real property belonging to the

hostile government or nation. The title to such real property

remains in abeyance during military occupation, and until the

conquest is made complete."

Gen. Orders No. 100 by President Lincoln, 24 April 1863



Art. 33. "It is no longer considered lawful - on the contrary, it

is held to be a serious breach of the law of war - to force the

subjects of the enemy into the service of the victorious

government, except the latter should proclaim, after a fair and

complete conquest of the hostile country or district, that it is

resolved to keep the country, district, or place permanently as

its own and make it a portion of its own country."

Gen. Orders No. 100 by President Lincoln, 24 April 1863



Art. 39. "The salaries of civil officers of the hostile

government who remain in the invaded territory, and continue the

work of their office, and can continue it according to the

circumstances arising out of the war - such as judges,

administrative or police officers, officers of city or communal

governments - are paid from the public revenue of the invaded

territory, until the military government has reason wholly or

partially to discontinue it. Salaries or incomes connected with

purely honorary titles are always stopped."

Gen. Orders No. 100 by President Lincoln, 24 April 1863



Art. 41. "All municipal law of the ground on which the armies

stand, or of the countries to which they belong, is silent and of

no effect between armies in the field."

Gen. Orders No. 100 by President Lincoln, 24 April 1863



Art. 43. "Therefore, in a war between the United States and a

belligerent which admits of slavery, if a person held in bondage

by that belligerent be captured by or come as a fugitive under

the protection of the military forces of the United States, such

person is immediately entitled to the rights and privileges of a

freeman To return such person into slavery would amount to

enslaving a free person, and neither the United States nor any

officer under their authority can enslave any human being.

Moreover, a person so made free by the law of war is under the

shield of the law of nations, and the former owner or State can

have, by the law of postliminy, no belligerent lien or claim of

service."

Gen. Orders No. 100 by President Lincoln, 24 April 1863







Footnote #10





"The right to thus occupy an enemy's country and temporarily

provide for its government has been recognized by previous action

of the executive authority, and sanctioned by frequent decisions

of this court. The local government being destroyed, the

conqueror may set up its own authority, and make rules and

regulations for the conduct of temporary government, and to that

end may collect taxes and duties to support the military

authority and carry on operations incident to the occupation."

Macleod v. U.S, 229 U.S. 416 1913



"The right of one belligerent to occupy and govern the

territory of the enemy while in its military possession is one of

the incidents of war, and flows directly from the right to

conquer. We therefore do not look to the Constitution or

political institutions of the conqueror for authority to



establish a government for the territory of the enemy in his

possession, during its [182 U.S. 222, 231] military occupation,

nor for the rules by which the powers of such government are

regulated and limited. Such authority and such rules are derived

directly from the laws of war, as established by the usage of the

world and confirmed by the writings of publicists and decisions

of courts,- in fine, from the law of nations. . . . The municipal

laws of a conquered territory or the laws which regulate private

rights, continue in force during military occupation, except so

far as they are suspended or changed by the acts of the

conqueror. . . . He, nevertheless, has all the powers of a de

facto government, and can at his pleasure either change the

existing laws or make new ones." Dooley v. U.S., 182 U.S. 222

1901



"Look at it practically from another point of view.

Certainly, before revenue laws can be made operative in a

district or country it is essential that the situation be taken

into account, for the purpose of establishing ports of entry,

collection districts, and the necessary [182 U.S. 222, 242]

machinery to enforce them. Of course, it is patent that such

investigations cannot be made prior to acquisition. But, as the

laws immediately extend, without action of Congress, as the

result of acquisition, it must follows that they extend, although

none of the means and instrumentalities for their successful

enforcement can possibly be devised until the acquisition is

completed. This must be, unless it be held that there is power in

the government of the United States to enter a foreign country,

examine its situation, and enact legislation for it before it has

passed under the sovereignty of the United States. From the point

of view of the United States, then, it seems to me that the

doctrine of the immediate placing of the tariff laws outside the

line of newly acquired territory, however extreme may be the

opinion entertained of the doctrine of immediate incorporation,

is inadmissible and in conflict with the Constitution."

Dooley v. U.S., 182 U.S. 222 1901



"The jurisdiction of the conqueror is complete. He may

change the form of government and the laws at his pleasure, and

may exercise every attribute of sovereignty. The conquered

territory becomes a part of the domain of the conqueror, subject

to the right of the nation to which it belonged to recapture it

if they can. By reason of this right to recapture, the title of

the conqueror is not perfect until confirmed by treaty of peace.

But this imperfection in his title is, practically speaking,

important only in case of alienation made by the conqueror before

treaty. If he sells, he sells subject to the right of recapture."

"But although, for purposes of sale, the title of the

conqueror is imperfect before cession, for purposes of government

and jurisdiction his title is perfect before cession. As long as

he retains possession he is sovereign; and not the less sovereign

because his sovereignty may not endure for ever. [50 U.S. 603,

608] Grotius (ch. 6, book 3, 4), speaking of the right to things

taken in war, says that land is reputed lost which is so secured



by fortifications that without their being forced it cannot be

repossessed by the first owner. And in ch. 8, book 3, treating of

empire over the conquered, he shows that sovereignty may be

acquired by conquest." Fleming v. Page, 50 U.S. 603 1850



"1st. That, by conquest and firm military occupation of a

portion of an enemy's country, the sovereignty of the nation to

which the conquered territory belongs is subverted, and the

sovereignty of the conqueror is substituted in its place."

"2d. That although this sovereignty, until cession by

treaty, is subject to be ousted by the enemy, and therefore does

not give an indefeasible title for purposes of alienation, yet

while it exists it is supreme, and confers jurisdiction without

limit over the conquered territory, and the right to allegiance

in return for protection." Fleming v. Page, 50 U.S. 603 1850



"It cannot be denied that these principles, established by

the common consent of the civilized world, must govern the title

to conquests made by the United States. As one of the family of

nations, they are bound by the law of nations, and the nature and

effect of their acquisitions by conquest must be defined and

regulated by that law." Fleming v. Page, 50 U.S. 603 1850



"The messages of the President to Congress during the war,

and the instructions from the heads of departments, contain

authoritative declarations as to the right of the United States

to acquire foreign territory by conquest, and as to the effect of

such conquest upon the sovereignty of the conquered territory, in

accordance with the principles above stated. Thus, the President,

in his message of December, 1846, says:- 'By the law of nations a

conquered territory is subject to be governed by the conqueror

during his military possession, and until there is either a

treaty of peace or he shall voluntarily withdraw from it. The old

civil government being necessarily superseded, it is the right

and duty of the conqueror to secure his conquest, and to provide

for the maintenance of civil order and the rights of the

inhabitants. This right has been exercised and this duty

performed by our military and naval commanders, by the

establishment of temporary governments in some of the conquered

provinces in Mexico, assimilating them as far as practicable to

the free institutions of our own country." Fleming v. Page, 50

U.S. 603 1850



"A war, therefore, declared by Congress, can never be

presumed to be waged for the purpose of conquest or the

acquisition of territory; nor does the law declaring the war

imply an authority to the President to enlarge the limits of the

United States by subjugating the enemy's country. The United

States, it is true, may extend its boundaries by conquest or

treaty, and [50 U.S. 603, 615] may demand the cession of

territory as the condition of peace, in order to indemnify its

citizens for the injuries they have suffered, or to reimburse the

government for the expenses of the war. But this can be done only

by the treaty-making power or the legislative authority, and is

not a part of the power conferred upon the President by the



declaration of war. His duty and his power are purely military.

As commander-in-chief, he is authorized to direct the movements

of the naval and military forces placed by law at his command,

and to employ them in the manner he may deem most effectual to

harass and conquer and subdue the enemy. He may invade the

hostile country, and subject it to the sovereignty and authority

of the United States. But his conquests do not enlarge the

boundaries of this Union, nor extend the operation of our

institutions and laws beyond the limits before assigned to them

by the legislative power." Fleming v. Page, 50 U.S. 603 1850



"The theory that a country remains foreign with respect to

the tariff laws until Congress has acted by embracing it within

the customs union presupposes that a country may be domestic for

one purpose and foreign for another. It may undoubtedly become

necessary for the adequate administration of a domestic territory

to pass a special act providing the proper machinery and

officers, as the President would have no authority, except under

the war power, to administer it himself; but no act is necessary

to make it domestic territory if once it has been ceded to the

United States. . . . This theory also presupposes that territory

may be held indefinitely by the United States; that it may be

treated in every particular, except for tariff purposes, as

domestic territory; that laws may be enacted and enforced by

officers of the United States sent there for that purpose; that

insurrections [183 U.S. 176, 179] may be suppressed, wars carried

on, revenues collected, taxes imposed; in short, that everything

may be done which a government can do within its own boundaries,

and yet that the territory may still remain a foreign country.

That this state of things may continue for years, for a century

even, but that, until Congress enacts otherwise, it still remains

a foreign country. To hold that this can be done as matter of law

we deem to be pure judicial legislation. We find no warrant for

it in the Constitution or in the powers conferred upon this

court. It is true the non action of Congress may occasion a

temporary inconvenience; but it does not follow that courts of

justice are authorized to remedy it by inverting the ordinary

meaning of words." The Diamond Rings, 183 U.S. 176 1901



"Footnotes: Resolved by the Senate and House of

Representatives of the United States of America in Congress

assembled, That by the ratification of the treaty of peace with

Spain it is not intended to incorporate the inhabitants of the

Philippine islands into citizenship of the United States, nor is

it intended to permanently annex said islands as an integral part

of the territory of the United States; but it is the intention of

the United States to establish on said islands a government

suitable to the wants and conditions of the inhabitants of said

island to prepare them for local self-government, and in due

time to make such disposition of said islands as will best

promote the interests of the United States and the inhabitants of

said islands." Cong. Rec., 55th Cong. 3d Sess. vol. 32, p. 1847.



The Diamond Rings, 183 U.S. 176 1901







Footnote #11





James Montgomery

C/O 100 Bridlewood Rd.

High Point North Carolina



August 27, 1995









Dear Sheriff ....,



I just want to say at the outset that your reputation

precedes you. Those that live in ....... County are fortunate,

because your method of fighting crime works, and will restore the

public's trust in local law enforcement.

As a matter of introduction I am a former United States

Marine, and I am a Christian. My friend Bill is delivering this

letter; you have already talked to him about this information. I

want you to keep one thing in mind, YOU have the ability to

understand the information in this letter. YOU have the ability

to understand the present law and past law, the Constitution.

That's right!...I'm saying the Constitution is past tense, as a

restrictive document on Congress. I do not make this statement

lightly and I can prove it. The Constitution was a commercial

compact between states, giving the federal government limited

powers. The Bill of Rights was meant not as our source of

rights, but as further limitations on the federal government.

Our fore-fathers saw the potential for danger in the U. S.

Constitution. To insure the Constitution was not presumed to be

our source of rights, the 10th Amendment was added. I will use a

quote from Thomas Jefferson, February 15, 1791, where he quotes

the 10th Amendment...



"I consider the foundation of the Constitution as laid on

this ground; That "all powers not delegated to the United States,

by the Constitution, nor prohibited by it to the States, are

reserved to the States or to the people."

To take a single step beyond the boundaries thus specially

drawn around the powers of Congress, is to take possession of a

boundless field of power, no longer susceptible of any

definition."

The created United States government cannot define the

rights of their creator, the American people.

Three forms of law were granted to the Constitution, common

law, equity (contract law) and Admiralty law. Each had their own

jurisdiction and purpose. The first issue I want to cover is the

United States flag. Obviously from known history our flag did

not have a yellow fringe bordering three sides. The United

States did not start putting flags with a yellow fringe on them

in government buildings and public buildings until the 1900's.

Of course the question you would ask yourself; why did it change

and are there any legal meanings behind this? Oh yes!

First the appearance of our flag is defined in Title 4 sec.

1. U.S.C..



"The flag of the United States shall be thirteen horizontal

stripes, alternate red and white; and the union of the flag shall

be forty-eight stars, white in a blue field." (my note - of

course when new states are admitted new stars are added.)

A foot note was added on page 1113 of the same section which

says: "Placing of fringe on the national flag, the dimensions of

the flag, and arrangement of the stars are matters of detail not

controlled by statute, but within the discretion of the President

as commander-in-chief of the army and navy." 1925, 34



Op.Atty.Gen. 483.



The president as military commander can add a yellow fringe

to our flag. When would this be done? During time of war. Why?

A flag with a fringe is an ensign, a military flag. Read the

following.



"Pursuant to U.S.C. Chapter 1, 2, and 3; Executive Order No.

10834, August 21, 1959, 24 F.R. 6865, a military flag is a flag

that resembles the regular flag of the United States, except that

it has a YELLOW FRINGE, bordered on three sides. The President

of the United states designates this deviation from the regular

flag, by executive order, and in his capacity as COMMANDER-IN-

CHIEF of the Armed forces."



From the National Encyclopedia, Volume 4:



"Flag, an emblem of a nation; usually made of cloth and

flown from a staff. From a military standpoint flags are of two

general classes, those flown from stationary masts over army

posts, and those carried by troops in formation. The former are

referred to by the general name flags. The latter are called

colors when carried by dismounted troops. Colors and Standards

are more nearly square than flags and are made of silk with a

knotted Fringe of Yellow on three sides...use of the flag. The

most general and appropriate use of the flag is as a symbol of

authority and power."



The reason I started with the Flag issue is because it is so

easy to grasp. The main problem I have with the yellow fringe is

that by its use our Constitutional Republic is no more. Our

system of law was changed without the public's knowledge. It was

kept secret, this is fraud, the American people were allowed to

believe this was just a decoration. Because the law changed from

Common Law (God's Law) to Admiralty Law (the kings law) your

status also changed from sovereign to subject. From being able

to own property (allodial title) to not owning property (tenet on

the land). If you think you own your property, stop paying

taxes, it will be taken under the prize law.



"The ultimate ownership of all property is in the state;

individual so-called `ownership' is only by virtue of government,

i.e., law, amounting to a mere user; and use must be in

accordance with law and subordinate to the necessities of the

State." Senate Document No. 43, "Contracts payable in Gold"

written in 1933.



By our allowing to let these military flags fly, the

American people have admitted our defeat and loss of status.

Read on, you'll see what I mean. Remember the Constitution

recognizes three forms of law, being governed by the Law of the

Flag is Admiralty law. I will cover this in a minute, the

following is a definition of the legal term Law of the Flag.



"...The agency of the master is devolved upon him by the law

of the flag. The same law that confers his authority ascertains

its limits, and the flag at the mast-head is notice to all the

world of the extent of such power to bind the owners or

freighters by his act. The foreigner who deals with this agent

has notice of that law, and, if he be bound by it, there is not

injustice. His notice is the national flag which is hoisted on

every sea and under which the master sails into every port, and



every circumstance that connects him with the vessel isolates

that vessel in the eyes of the world, and demonstrates his

relation to the owners and freighters as their agent for a

specific purpose and with power well defined under the national

maritime law." Bouvier's Law Dictionary, 1914.



Don't be thrown by the fact they are talking about the sea,

and that it doesn't apply to land, I will prove to you that

Admiralty law has come on land. Next a court case:



"Pursuant to the "Law of the Flag", a military flag does

result in jurisdictional implication when flown. The Plaintiff

cites the following: "Under what is called international law, the

law of the flag, a shipowner who sends his vessel into a foreign

port gives notice by his flag to all who enter into contracts

with the shipmaster that he intends the law of the flag to

regulate those contracts with the shipmaster that he either

submit to its operation or not contract with him or his agent at

all." Ruhstrat v. People, 57 N.E. 41, 45, 185 ILL. 133, 49 LRA

181, 76 AM.



This is the legality I spoke of. When you walk into a court

and see this flag you are put on notice that you are in a

Admiralty Court and that the king is in control. Also, if there

is a king the people are no longer sovereign. You're probably

saying this is the most incredible thing I have ever heard. YOU

have read the proof, it will stand up in court.

But wait there is more, you probably would say, how could

this happen? Here's how. Admiralty law is for the sea, maritime

law govern's contracts between parties that trade over the sea.

Well, that's what our fore-fathers intended. However, in 1845

Congress passed an act saying Admiralty law could come on land.

The bill may be traced in Cong. Globe, 28th Cong., 2d. Sess. 43,

320, 328, 337, 345 (1844-45), no opposition to the Act is

reported. Congress held a committee on this subject in 1850 and

they said:



"The committee also alluded to "the great force" of "the

great constitutional question as to the power of Congress to

extend maritime jurisdiction beyond the ground occupied by it at

the adoption of the Constitution...." Ibid. H.R. Rep. No. 72 31st

Cong., 1st Sess. 2 (1850)



It was up to the Supreme Court to stop Congress and say NO!

The Constitution did not give you that power, nor was it

intended. But no, the courts began a long train of abuses, here

are some excerpts from a few court cases.



"This power is as extensive upon land as upon water. The

Constitution makes no distinction in that respect. And if the

admiralty jurisdiction, in matters of contract and tort which the

courts of the United States may lawfully exercise on the high

seas, can be extended to the lakes under the power to regulate

commerce, it can with the same propriety and upon the same

construction, be extended to contracts and torts on land when the

commerce is between different States. And it may embrace also

the vehicles and persons engaged in carrying it on (my note -

remember what the law of the flag said when you receive benefits

from the king.) It would be in the power of Congress to confer



admiralty jurisdiction upon its courts, over the cars engaged in

transporting passengers or merchandise from one State to another,

and over the persons engaged in conducting them, and deny to the

parties the trial by jury. Now the judicial power in cases of

admiralty and maritime jurisdiction, has never been supposed to

extend to contracts made on land and to be executed on land. But

if the power of regulating commerce can be made the foundation of

jurisdiction in its courts, and a new and extended admiralty

jurisdiction beyond its heretofore known and admitted limits, may

be created on water under that authority, the same reason would

justify the same exercise of power on land." Propeller Genessee

Chief et al. v. Fitzhugh et al. 12 How. 443 (U.S. 1851)



"Next to revenue (taxes) itself, the late extensions of the

jurisdiction of the admiralty are our greatest grievance. The

American Courts of Admiralty seem to be forming by degrees into a

system that is to overturn our Constitution and to deprive us of

our best inheritance, the laws of the land. It would be thought

in England a dangerous innovation if the trial, of any matter on

land was given to the admiralty." Jackson v. Magnolia, 20 How.

296 315, 342 (U.S. 1852)



This began the most dangerous precedent of all the Insular

Cases. This is where Congress took a boundless field of power.

When legislating for the states, they are bound by the

Constitution, when legislating for their insular possessions they

are not restricted in any way by the Constitution. Read the

following quote from the Harvard law review:



"These courts, then, are not constitutional courts in which

the judicial power conferred by the Constitution on the general

government can be deposited. They are incapable of receiving it.

They are legislative courts, created in virtue of the general

right of sovereignty which exists in the government, or in virtue

of that clause which enables Congress to make all needful rules

and regulations respecting the territory belonging to the united

States. The jurisdiction with which they are invested is not a

part of that judicial power which is conferred in the third

article of the Constitution, but is conferred by Congress in the

execution of those general powers which that body possesses over

the territories of the United States." Harvard Law Review, Our

New Possessions. page 481.



Here are some Court cases that make it even clearer Mr.

....:



"...[T]he United States may acquire territory by conquest or

by treaty, and may govern it through the exercise of the power of

Congress conferred by Section 3 of Article IV of the Constitu-



tion..."

"In exercising this power, Congress is not subject to the

same constitutional limitations, as when it is legislating for

the United States. ...And in general the guaranties of the

Constitution, save as they are limitations upon the exercise of

executive and legislative power when exerted for or over our

insular possessions, extend to them only as Congress, in the

exercise of its legislative power over territory belonging to the

United States, has made those guarantees applicable." Hooven &



Allison & Co. vs Evatt, 324 U.S. 652 (1945)



"The idea prevails with some indeed, it found expression in

arguments at the bar that we have in this country substantially

or practically two national governments; one to be maintained

under the Constitution, with all its restrictions; the other to

be maintained by Congress outside and independently of that

instrument, by exercising such powers as other nations of the

earth are accustomed to exercise."

"I take leave to say that if the principles thus announced

should ever receive the sanction of a majority of this court, a

radical and mischievous change in our system of government will

be the result. We will, in that event, pass from the era of

constitutional liberty guarded and protected by a written

constitution into an era of legislative absolutism."

"It will be an evil day for American liberty if the theory

of a government outside of the supreme law of the land finds

lodgment in our constitutional jurisprudence. No higher duty

rests upon this court than to exert its full authority to prevent

all violation of the principles of the constitution." Downes vs

Bidwell, 182 U.S. 244 (1901)



These actions allowed Admiralty law to come on land. If you

will remember the definition of the Law of the Flag. When you

receive benefits or enter into contracts with the king you come

under his law which is Admiralty law. And what is a result of

your connection with the king? A loss of your Sovereign status.

Our ignorance of the law is no excuse. I'll give you an example,

something you deal with everyday. Let's say you give me a seat

belt ticket. What law did I violate? Remember the Constitution

recognizes three forms of law. Was it common law? Who was the

injured party? No one. So it could not have been common law

even though the State of N. C. has made chapter 20 of the Motor

Vehicle code carry common law penalties, jail time. This was the

only thing they could do to cover up the jurisdiction they were

operating in. Was it Equity law? No, there is no contract in

dispute, driving is a privilege granted by the king. If it were

a contract the UCC would apply, and it doesn't. In a contract

both parties have equal rights. In a privilege, you do as you

are told or the privilege is revoked. Well guess what, there is

only one form of law left, admiralty. Ask yourself when did

licenses begin to be required? 1933.

All district courts are admiralty courts, see the Judiciary

Act of 1789.



"It is only with the extent of powers possessed by the

district courts, acting as instance courts of admiralty, we are

dealing. The Act of 1789 gives the entire constitutional power

to determine "all civil causes of admiralty and maritime

jurisdiction," leaving the courts to ascertain its limits, as

cases may arise." Waring ET AL,. v. Clarke, Howard 5 12 L. ed.

1847



When you enter a court room and come before the judge and

the U.S. flag with the yellow fringe flying, you are put on

notice of the law you are in. American's aren't aware of this,

so they continue to claim Constitutional rights. In the

Admiralty setting the constitution does not apply and the judge,



if pushed, will inform you of this by placing you under contempt

for continuing to bring it up. If the judge is pressed, his name

for this hidden law is statutory law. Where are the rules and

regulations for statutory law kept? They don't exist. If

statuary law existed, there would be rules and regulations

governing it's procedures and court rules. They do not exist!!!

The way you know this is Admiralty, is from the yellow

fringed flag and from the actions of the law, compelled

performance (Admiralty). The judges can still move at common law

(murder etc.) and equity (contract disputes etc.). It's up to

the type of case brought before the court. If the case is

Admiralty, the only way back to the common law is the saving to

suitor clause and action under Admiralty. The court and rules of

all three jurisdictions have been blended. Under Admiralty you

are compelled to perform under the agreement you made by asking

and receiving the king's government (license). You receive the

benefit of driving on federal roads (military roads), so you have

voluntarily obligated yourself to this system of law, this is why

you are compelled to obey. If you don't it will cost you money

or jail time or both. The type of offense determines the

jurisdiction you come under, but the court itself is an Admiralty

court, defined by the flag. Driving without a seat belt under

Chapter 20 DMV code carries a criminal penalty for a non common

law offense. Again where is the injured party or parties, this is

Admiralty law. Here is a quote to prove what I said about the

roads being military, this is only one benefit, there are many:



"Whilst deeply convinced of these truths, I yet consider it

clear that under the war-making power Congress may appropriate

money toward the construction of a military road when this is

absolutely necessary for the defense of any State or Territory of

the Union against foreign invasion. Under the Constitution

Congress has power "to declare war," "to raise and support

armies," "to provide and maintain a navy," and to call forth the

militia to "repel invasions." Thus endowed, in an ample manner,

with the war-making power, the corresponding duty is required

that "the United States shall protect each of them [the States]

against invasion." Now, how is it possible to afford this

protection to California and our Pacific possessions except by

means of a military road through the Territories of the United

States, over which men and munitions of war may be speedily

transported from the Atlantic States to meet and to repel the

invader?....Besides, the Government, ever since its origin, has

been in the constant practice of constructing military roads."

Inaugural Address of James Buchanan, March 4, 1857,..Messages and

Papers of the Presidents, 1789-1902.

I want to briefly mention the Social Security Act, the nexus

Agreement you have with the king. You were told the SS# was for

retirement and you had to have it to work. It sounds like a

license to me, and it is, it is a license granted by the

President to work in this country, under the Trading with the

Enemy Act, as amended in March 9, 1933, as you will see in a



moment. Was it really for your retirement? What does F.I.C.A.

stand for? Federal Insurance Contribution Act. What does

contribution mean at law, not Webster's Dictionary. This is

where they were able to get you to admit that you were jointly

responsible for the national debt, and you declared that you were

a Fourteenth Amendment citizen, which I won't go into in this

paper or the Erie Railroad v. Tompkins case where common law was

over turned. Read the following definition to learn what it

means to have a SS# and pay a contribution:



Contribution. Right of one who has discharged a common

liability to recover of another also liable, the aliquot portion

which he ought to pay or bear. Under principle of

"contribution," a tort-feasor against whom a judgement is

rendered is entitled to recover proportional shares of judgement

from other joint tort-feasor whose negligence contributed to the

injury and who were also liable to the plaintiff. (foot note *

tort feasor means wrong doer, what did you do to be defined as a

wrong doer???) The share of a loss payable by an insure when

contracts with two or more insurers cover the same loss. The

insurer's share of a loss under a coinsurance or similar

provision. The sharing of a loss or payment among several. The

act of any one or several of a number of co-debtors, co-sureties,

etc., in reimbursing one of their number who has paid the whole

debt or suffered the whole liability, each to the extent of his

proportionate share. (Blacks Law Dictionary 6th ed.)



Guess what? It gets worse. What does this date 1933 mean?

Well you better sit down. First, remember World War I, in 1917

President Wilson declared the War Powers Act of October 6, 1917,

basically stating that he was stopping all trade with the enemy

except for those he granted a license, excluding Americans. Read

the following from this Trading with the enemy Act, where he

defines enemy:



In the War Powers Act of 1917, Chapter 106, Section 2 (c) it

says that these declared war powers did not affect citizens of

the United States:



"Such other individuals, or body or class of individuals, as

may be natives, citizens, or subjects of any nation with which

the United States is at war, OTHER THAN CITIZENS OF THE UNITED

STATES, wherever resident or wherever doing business, as the

President, if he shall find the safety of the United States of

the successful prosecution of the war shall so require, may, by

proclamation, include within the term "enemy.""



Now, this leads us up to 1933. Our country was recovering

from a depression and now was declared bankrupt. I know you are

saying. Do What, the American people were never told about this?

Public policy and National Security overruled the public right to

know. Read the following Congressional quote:



"My investigation convinced me that during the last quarter

of a century the average production of gold has been falling off

considerably. The gold mines of the world are practically

exhausted. There is only about $11,000,000,000 in gold in the

world, with the United States owning a little more than four



billions. We have more than $100,000,000,000 in debts payable in

gold of the present weight and fineness....As a practical

proposition these contracts cannot be collected in gold for the

obvious reason that the gold supply of the entire world is not

sufficient to make payment." Congressional Record, Congressman

Dies March 15, 1933



Before 1933 all contracts with the government were payable

in gold. Now I ask you? Who in their right mind would enter

into contracts totaling One Hundred billion dollars in gold, when

there was only eleven billion in gold in the whole world, we had

about four billion. To keep from being hung by the American

public they obeyed the banksters demands and turned over our

country to them. They never came out and said we were in

bankruptcy but, the fact remains, we are. In 1933 the gold of

the whole country had to be turned in to the banksters, and all

government contracts in gold were canceled. This is bankruptcy.



"Mr. Speaker, we are here now in chapter 11. Members of

Congress are official trustees presiding over the greatest

reorganization of any bankrupt entity in world history, the U.S.

government." Congressman Traficant on the House floor, March 17,

"1993"



The wealth of the nation including our land was turned over

to the banksters. In return, the nations 100 billion dollar debt

was forgiven.

I have two papers that have circulated the country on this

subject. Remember Jesus said "money is the root of all evil"

The Congress of 1933 sold every American into slavery to protect

their asses. Read the following Congressional quotes:



"I want to show you where the people are being imposed upon

by reason of the delegation of this tremendous power. I invite

your attention to the fact that section 16 of the Federal Reserve

Act provides that whenever the Government of the United States

issues and delivers money, Federal Reserve notes, which are based

on the credit of the Nation--they represent a mortgage upon your

home and my home, and upon all the property of all the people of

the Nation--to the Federal Reserve agent, an interest charge

shall be collected for the Government." Congressional Record,

Congressman Patman March 13, 1933

"That is the equity of what we are about to do. Yes; you

are going to close us down. Yes; you have already closed us

down, and have been doing it long before this year. Our

President says that for 3 years we have been on the way to

bankruptcy. We have been on the way to bankruptcy longer than 3

years. We have been on the way to bankruptcy ever since we began

to allow the financial mastery of this country gradually to get

into the hands of a little clique that has held it right up until

they would send us to the grave." Congressional Record,

Congressman Long March 11, 1933



What did Roosevelt do? Sealed our fate and our childrens

fate, but worst of all, he declared War on the American People,

remember the War Powers Act, the Trading with the enemy Act. He

declared emergency powers with his authority being the War Powers

Act, the Trading with the enemy Act. The problem is he redefined



who the enemy was, read the following: (remember what I said

about the SS# being a license to work)



"The declared National Emergency of March 9, 1933 amended

the War Powers Act to include the American People as enemies:



"In Title 1, Section 1 it says: The actions, regulations,

rules, licenses, orders and proclamations heretofore or hereafter

taken, promulgated, made, or issued by the President of the

United States or the Secretary of the Treasury since March 4,

1933, pursuant to the authority conferred by subdivision (b) of

section 5 of the Act of October 6, 1917, as amended, are hereby

approved and confirmed."

"Section 2. Subdivision (b) of section 5 of the Act of

October 6, 1917, (40 Stat. L. 411), as amended, is hereby amended

to read as follows: emergency declared by the President, the

President may, through any agency that he may designate, or

otherwise, investigate, regulate, or prohibit, under such rules

and regulations as he may prescribe, by means of licenses or

otherwise, any transactions in foreign exchange, transfers of

credit between or payments by banking institutions as defined by

the President, and export, hoarding, melting, or earmarking of

gold or silver coin or bullion or currency, BY ANY PERSON WITHIN

THE UNITED STATES OR ANY PLACE SUBJECT TO THE JURISDICTION

THEREOF."



Here is the legal phrase subject to the jurisdiction

thereof, but at law this refers to alien enemy and also applies

to Fourteenth Amendment citizens:



"As these words are used in the first section of the

Fourteenth Amendment of the Federal Constitution, providing for

the citizenship of all persons born or naturalized in the United

States and subject to the jurisdiction thereof, the purpose would

appear to have been to exclude by the fewest words (besides

children of members of the Indian tribes, standing in a peculiar

relation to the National Government, unknown to the common Law),

the two classes of cases, children born of *ALIEN

ENEMIES(emphasis mine), in hostile occupation, and children of

diplomatic representatives of a foreign state, both of which, by

the law of England and by our own law, from the time of the first

settlement of the English colonies in America, had been

recognized exceptions to the fundamental rule of citizenship by

birth within the country." United States v Wong Kim Ark, 169 US

649, 682, 42 L Ed 890, 902, 18 S Ct 456. Ballentine's Law

Dictionary



Congressman Beck had this to say about the War Powers Act:



"I think of all the damnable heresies that have ever been

suggested in connection with the Constitution, the doctrine of

emergency is the worst. It means that when Congress declares an

emergency there is no Constitution. This means its death....But

the Constitution of the United States, as a restraining influence

in keeping the federal government within the carefully prescribed

channels of power, is moribund, if not dead. We are witnessing

its death-agonies, for when this bill becomes a law, if unhappily

it becomes law, there is no longer any workable Constitution to

keep the Congress within the limits of its constitutional

powers." (Congressman James Beck in Congressional Record 1933)





The following are excerpts from the Senate Report, 93rd

Congress, November 19, 1973, Special Committee On The Termination

Of The National Emergency United States Senate. They were going

to terminate all emergency powers, but they found out they did

not have the power to do this so guess which one stayed in, the

Emergency Act of 1933, the Trading with the Enemy Act October 6,

1917 as amended in March 9, 1933.



"Since March 9, 1933, the United States has been in a state

of declared national emergency....Under the powers delegated by

these statutes, the President may: seize property; organize and

control the means of production; seize commodities; assign

military forces abroad; institute martial law; seize and control

all transportation and communication; regulate the operation of

private enterprise; restrict travel; and, in a plethora of

particular ways, control the lives of all American citizens."

"A majority of the people of the United States have lived

all of their lives under emergency rule. For 40 years, freedoms

and governmental procedures guaranteed by the Constitution have,

in varying degrees, been abridged by laws brought into force by

states of national emergency....from, at least, the Civil War in

important ways shaped the present phenomenon of a permanent state

of national emergency." Senate Report, 93rd Congress, November

19, 1973



You may be asking yourself is this the law, and if so where

is it, read the following:



In Title 12 U.S.C, in section 95b you'll find the following

codification of the Emergency War Powers:



"The actions, regulations, rules, licenses, orders and

proclamations heretofore or hereafter taken, promulgated, made,

or issued by the President of the United States or the Secretary

of the Treasury since March 4, 1933, pursuant to the authority

conferred by subsection (b) of section 5 of the Act of October 6,

1917, as amended (12 U.S.C., 95a), are hereby approved and

confirmed." (March 9, 1933, c. 1, Title 1, 1, 48 Stat. 1)



So you can further understand the word Alien Enemy and what

it means to be declared an enemy of this government, read the

following definitions:



The phrase Alien Enemy is defined in Bouvier's Law

Dictionary as: One who owes allegiance to the adverse

belligerent. 1 Kent 73.

He who owes a temporary but not a permanent allegiance is an

alien enemy in respect to acts done during such temporary

allegiance only; and when his allegiance terminates, his hostile

character terminates also; 1 B. & P. 163.

Alien enemies are said to have no rights, no privileges,

unless by the king's special favor, during time of war; 1 Bla.

Com. 372; Bynkershoek 195; 8 Term 166. [Remember we've been under

a declared state of war since October 6, 1917, as amended March

9, 1933 to include every United States citizen.]



"The phrase Alien Enemy is defined in Words and Phrases as:

Residence of person in territory of nation at war with United

States was sufficient to characterize him as "alien enemy" within

Trading with the Enemy Act, even if he had acquired and retained

American citizenship." Matarrese v. Matarrese, 59 A.2d 262, 265,



142 N.J. Eq. 226.

"Residence or doing business in a hostile territory is the

test of an "alien enemy: within meaning of Trading with the Enemy

Act and Executive Orders thereunder." Executive Order March 11,

1942, No. 9095, as amended, 50 U.S.C.A. Appendix 6; Trading with

the Enemy Act 5 (b). In re Oneida Nat. Bank & Trust Co. of Utica,

53 N.Y.S. 2d. 416, 420, 421, 183 Misc. 374.

"By the modern phrase, a man who resides under the

allegiance and protection of a hostile state for commercial

purposes is to be considered to all civil purposes as much an

`alien enemy' as if he were born there." Hutchinson v. Brock, 11

Mass. 119, 122.



Am I done with the proof? Not quite, believe it or not it

gets worse. I have established that war has been declared

against the American people and their children. The American

people that voted for the 1933 government were responsible for

Congress' actions, because Congress was there in their proxy.

What is one of the actions taken against an enemy during time of

War. In the Constitution the Congress was granted the power

during the time of war to grant Letters of Marque. What is a

letter of Marque? Well, read the following:



A commission granted by the government to a private

individual, to take the property of a foreign state, as a

reparation for an injury committed by such state, its citizens or

subjects. The prizes so captured are divided between the owners

of the privateer, the captain, and the crew. Bouvier's Law

Dictionary 1914.



Think about the mission of the IRS, they are a private

organization, or their backup, the ATF. These groups have been

granted letters of Marque, read the following:



"The trading with the enemy Act, originally and as amended,

in strictly a war measure, and finds its sanction in the

provision empowering Congress "to declare war, grant letters of

Marque and reprisal, and make rules concerning captures on land

and water." Stoehr v. Wallace 255 U.S.



Under the Constitution the Power of the Government had its

checks and balances, power was divided between the three branches

of government. To do anything else means you no longer have a

Constitutional government. I'm not even talking about the

obvious which we have already covered, read the following:



"The Secretary of the Treasury and/or the Attorney General

may require, by means of regulations, rulings, instructions, or

otherwise, any person to keep a full record of, and to furnish

under oath, in the form of reports or otherwise, from time to

time and at any time or times, complete information relative to,

any transaction referred to in section 5 (b) of the Act of

October 6, 1917." Title 12 Banks and Banking page 570.



How about Clinton's new Executive Order of June 6, 1994

where the Alphabet agencies are granted their own power to obtain

money and the military if need be to protect themselves. These

are un-elected officials, sounds un-Constitutional to me, but

read on.



"The delegations of authority in this Order shall not affect

the authority of any agency or official pursuant to any other

delegation of presidential authority, presently in effect or



hereafter made, under section 5 (b) of the act of October 6,

1917, as amended (12 U.S.C. 95a)"



How can the President delegate to un-elected officials power

that he was elected to have, and declare that it cannot be taken

away, by the voters or the courts or Congress? I tell you how

under martial law, under the War Powers Act. The American public

is asleep and is unaware nor do they care about what is going on,

because it may interfere with their making money. I guess Thomas

Jefferson was right again:



"...And to preserve their independence, we must not let our

rulers load us with perpetual debt. We must make our election

between economy and liberty or profusion and servitude. If we

run into such debts as that we must be taxed in our meat and in

our drink, in our necessaries and our comforts, in our labors and

our amusements, for our callings and our creeds, as the people of

England are, our people, like them, must come to labor sixteen

hours in the twenty-four, and give the earnings of fifteen of

these to the government for their debts and daily expenses; and

the sixteenth being insufficient to afford us bread, we must

live, as they now do, on oatmeal and potatoes; have not time to

think, no means of calling the mismanager's to account; but be

glad to obtain subsistence by hiring ourselves to rivet their

chains on the necks of our fellow sufferers..."

(Thomas Jefferson) THE MAKING OF AMERICA, p. 395



Submitted January 28

"Lloyd Bentsen, of Texas, to be U.S. Governor of the

International Monetary Fund for a term of 5 years; U.S. Governor

of the International Bank for Reconstruction and Development for

a term of 5 years; U.S. Governor of the Inter-American

Development Bank for a term of 5 years; U.S. Governor of the

African Development Bank for a term of 5 years; U.S. Governor of

the Asian Development Bank; U.S. Governor of African Development

Fund; and U.S. Governor of the European Bank for Reconstruction

and Development." Presidential Documents, February 1, 1993.



At the same time, Bentsen was the Secretary of Treasury.

Gee I don't know, this sounds like a conflict of entrust to me,

how about you? Also the Congress is the only one under the

Constitution to be able to appropriate money.



"Without limitation as to any other powers or authority of

the Secretary of the Treasury or the Attorney General under any

other provision of this Order, the Secretary of the Treasury is

authorized and empowered to prescribe from time to time

regulations, rulings, and instructions to carry out the purposes

of this Order and to provide therein or otherwise the conditions

under which licenses may be granted by or through such officers

or agencies as the Secretary of the Treasury may designate, and

the decision of the Secretary with respect to the granting,

denial or other disposition of an application or license shall be

final." Section 7, Title 12 U.S.C. Banks and Banking



How about a few months ago when Secretary of Treasury Ruban

sent tons of money to Mexico, without Congress' approval. Do the

issues I have brought up sound like this is a Constitutional



government to you? I have not covered the main nexus, the money.

If you would like to read about this, read my other papers, The

History of Lawful Money and A Country Defeated In Victory.

Sheriff .... I am one man fighting a giant with a fly swatter

(the pen). If you are bold enough to jerk the flags with a

fringe on them out and put back the U. S. flag, just make sure

you protect you backside. Before you do this, make sure your

constituents in your county are made aware of this information.

Because if you do this you will find the whole U.S. government

against you and for sure they will cut off all money to your

county in the short term, and in the long term, do whatever is

necessary to remove you. I didn't make this information up, it

is the government's own documents and legal definitions taken

from their dictionaries. I wish the hard working Americans in

the government that are loyal to an American Republic could read

this, the more that know the truth the better.







James Franklin Montgomery







Footnote #12





"When the 39th Congress assembled on December 5, 1865, the

Senators and Representatives from the 25 northern States voted to

deny seats in both Houses of Congress to anyone elected from the

11 southern States. The full complement of Senators from the 36

States of the Union was 72, and the full membership in the House

was 240. Since it requires only a majority vote (see Article I,

Section 5, Constitution of the United States) to refuse a seat in

Congress, only the 50 Senators and 182 Congressmen from the North

were seated. All of the 22 Senators and 58 Representatives from

the southern States were denied seats."

"Joint Resolution No. 48, proposing the Fourteenth

Amendment, was a matter of great concern to the Congress and to

the people of the Nation. In order to have this proposed

Amendment submitted to the 36 States for ratification, it was

necessary that two thirds of each house concur. A count of noses

showed that only 33 Senators were favorable to the measure, and

33 was a far cry from two thirds of 72 and lacked one of being

two thirds of the 50 seated Senators."

"While it requires only a majority of votes to refuse a seat

to a Senator, it requires a two thirds majority to unseat a

member once he is seated. (see Article I, Section 5, Constitution

of the United States."

"One John P. Stockton was seated on December 5, 1865, as one

of the Senators from New Jersey. He was outspoken in his

opposition to Joint Resolution No. 48 proposing the Fourteenth

Amendment. The leadership in the Senate, not having control of

two ;thirds of the seated Senators, voted to refuse to seat Mr.

Stockton upon the ground that he had received only a plurality

and not a majority of the votes of the New Jersey legislature. It

was the law of New Jersey, and several other States, that a

plurality vote was sufficient for election. Besides, the Senator

had already been seated. Nevertheless, his seat was -refused- and

the 33 favorable votes thus became the required two thirds of the

49 members of the Senate."

"In the House of Representatives it would require 122 votes



to be two thirds of the 182 ;members seated. Only 120 voted for

the proposed Amendment, but because there were 30 abstentions it

was declared to have been passed by a two thirds vote of the

House." Dyett v. Turner 439 p2d 266 @ 269, 20 U2d 403







Footnote #13





James Franklin Montgomery

C/O 100 Bridlewood Rd.

High Point North Carolina state





District Attorney

RANDY LYON

County of Wilkes

State of North Carolina







ACCEPTANCE REFUSED FOR CAUSE, WITHOUT DISHONOR



To whom it may concern,



I James Franklin Montgomery, do hereby make this ACCEPTANCE

REFUSED FOR CAUSE , WITHOUT DISHONOR OF the Traffic Citation,

7587232-1.



CAUSE



1. My Declaration of separation as of January 1, 1993, (part of

which is contained in the attached document) was not disputed by

the UNITED STATES or any of its political subdivisions et al,

when presented to them, thereby denying any STATE of the UNION to

use its Mala Prohibita statutes to claim dominion over James

Franklin Montgomery James Franklin Montgomery is not one in

contract with the UNITED STATES or any of the STATES united in

UNION carrying the misnomer of JAMES FRANKLIN MONTGOMERY,

corporate fiction, which would then amount to crimes by all

parties in this action of forcible trespass, extortion, peonage,

involuntary servitude and other Title 18 and Title 42 crimes.

Any actions of any party mentioned above or others is now

considered forced peonage and involuntary servitude, which also

includes forced driving license, license or registration of any

kind of property that subverts a right by changing it into a

privilege and charging for it, which subjects those to Title 18

U.S.C. 1581, 1584 and 42 U.S.C. 1994 and other statutes of their

own making that they are bound by their oath to their

constitutions.



"...What is peonage? It may be defined as a status or condition

of compulsory service, based upon the indebtedness of the peon to

the master. The basal fact is indebtedness....Peonage is

sometimes classified as voluntary or involuntary, but this

implies simply a difference in the mode of origin, but none in

the character of the servitude. The one exists where the debtor

voluntarily contracts to enter the service of his creditor. The

other is forced upon the debtor by some provision of law."

Clyatt v. United States 197 U.S. Reports @ page 215

2. The First Constitutional Assembly, 7/25/1774, stated

sovereignty reverts to the individual people, also stated in the

North Carolina Constitution of 1776. James Franklin Montgomery

denies waiving this sovereignty as the Treaty signers had no

right to sell James Franklin Montgomery into peonage making him a

subject of the Crown or citizen of the united States through the

1787 Constitution/ compact/treaty.



In 1776 North Carolina state declared the inhabitants to be

freeman and;

12. "That no freeman ought to be taken, imprisoned, or disseized

of his freehold, liberties, or privileges, or outlawed or exiled,

or in any manner destroyed, or deprived of his life, liberty or

property, but by the law of the land." Declaration of Rights

1776





44. "That the declaration of rights is hereby declared to be part

of the constitution of this state, and ought never to be violated

on any pretence whatsoever." North Carolina constitution 1776



In the following court case you will see, that in the Paris

Treaty of 1783, the king did not cede to the states or the United

States government Title for this land, he did grant sovereignty

to the states; and left finial determination of the inhabitants

up to the states. The kings Treaty of 1783 made the freeman

status of the inhabitants retroactive from 1776, declared by the

Declaration of Independence and the Declaration of Rights of the

individual states. In 1787 the states sent representatives to

the Constitutional convention to ratify the new treaty between

the states, otherwise known as the Constitution of the United

States. Unknown to the inhabitants of the states several things

took place. The Treaty was an incorporation and created the

United States government; and incorporated the states creating

the State of....; the Treaty also incorporated the inhabitant.

No longer were they freeman, now they became citizens of the

United States. (The word of means belonging to, see Blacks Law

dictionary.)



"Being dissatisfied with the measures of the British Government,

they revolted from it, assumed the government into their own

hands, seized and took possession of all the estates of the King

of Great Britain and his subjects, appropriated them to their own

use, and defended their possessions against the claims of Great

Britain, during a long and bloody war, and finally obtained a

relinquishment of those claims by the treaty of Paris. But this

State had no title to the territory prior to the title of the

King of Great Britain and his subjects, nor did it ever claim as

lord paramount to them. This State was not the original grantor

to them, nor did they ever hold by any kind of tenure under the

State, or owe it any allegiance or other duties to which an

escheat is annexed. How then can it be said that the lands in

this case naturally result back by a kind of reversion to this

State, to a source from whence it never issued, and from tenants

who never held under it?....At the time of the revolution, and

before the Declaration of Independence, the collective body of

the people had neither right to nor possession of the territory

of this State; it is true some individuals had a right to, and

were in possession of certain portions of it, which they held

under grants from the King of Great Britain; but they did not

hold, nor did any of his subjects hold, under the collective body

of the people, who had no power to grant any part of it. After

the Declaration of Independence and the establishment of the

Constitution, the people may be said first to have taken

possession of this country, at least so much of it as was not

previously appropriated to individuals.....Therefore, whether the

State took by right of conquest or escheat, all the interest

which the U. K. had previous to the Declaration of Independence

still remained with them, on every principle of law and equity,

because they are purchasers for a valuable consideration, and



being in possession as cestui que trust under the statute for

transferring uses into possession; and citizens of this State, at

the time of the Declaration of Independence, and at the time of

making the declaration of rights, their interest is secured to

them beyond the reach of any Act of Assembly; neither can it be

affected by any principle arising from the doctrine of escheats,

supposing, what I do not admit, that the State took by escheat."

MARSHALL v. LOVELESS, 1 N.C. 412 (1801), 2 S.A. 70



The general assembly of North Carolina had no authority or

standing to change my legal status from sovereign to a corporate

fiction. Americans have been defrauded into believing they are

free, because they have freedom of movement within obvious

legislative boundaries; while unknown to them by their in-

corporation, they were again made subjects of the king. The

below quotes from the 1663 Carolina Charter reveal why the court

stated in Marshall v. Loveless that the corporate States and the

created corporation, United States did not have Title to this

land.



The king retained Title and interest through his original

Charters and managed to see that his Title and Grants/Charters

were preserved in the 1776 North Carolina constitution, read the

following.



"And provided further, that nothing herein contained shall affect

The titles or possessions of individuals holding or claiming

under The laws heretofore in force, or grants heretofore made by

the late king George II, or his predecessors, or the late lords

Proprietors, or any of them." Section 25, Declaration of Rights

1776, North Carolina constitution



"SAVING always, the Faith, Allegiance, and Sovereign Dominion due

to us, our heirs and Successors, for the same; and Saving also,

the right, title, and interest of all and every our Subjects of

the English Nation which are now Planted within the Limits bounds

aforesaid, if any be;..." The Carolina Charter, 1663



"KNOW YE, that We, of our further grace, certain knowledge, and

mere motion, HAVE thought fit to Erect the same Tract of Ground,

Country, and Island into a Province, and, out of the fullness of

our Royal power and Prerogative, WE Do, for us, our heirs and

Successors, Erect, Incorporate, and Ordain the same into a

province, and do call it the Province of CAROLINA, and so from

henceforth will have it called..." The Carolina Charter 1663



The below court cases make it clear your presence in the

corporate State of....creates legal residence and obligation to

the king.



"Headnote 5. Besides, the treaty of 1783 was declared by an

Act of Assembly of this State passed in 1787, to be law in this

State, and this State by adopting the Constitution of the United

States in 1789, declared the treaty to be the supreme law of the

land. The treaty now under consideration was made, on the part

of the United States, by a Congress composed of deputies from

each state, to whom were delegated by the articles of

confederation, expressly, "the sole and exclusive right and power

of entering into treaties and alliances"; and being ratified and

made by them, it became a complete national act, and the act and



law of every state....

"By an act of the Legislature of North Carolina, passed

in April, 1777, it was, among other things, enacted, "That all

persons, being subjects of this State, and now living therein, or

who shall hereafter come to live therein, who have traded

immediately to Great Britain or Ireland, within ten years last

past, in their own right, or acted as factors, storekeepers, or

agents here, or in any of the United States of America, for

merchants residing in Great Britain or Ireland, shall take an

oath of abjuration and allegiance, or depart out of the State."

Treaties are the "Law of the Land" HAMILTON v. EATEN, 1 N.C. 641

(1796), HAMILTON v. EATEN. Ä 2 Mart., 1. U.S. Circuit Court.

(June Term, 1796.)



"Our Legislature may define and punish crimes committed within

the State, whether by citizen or strangers; because the former

are supposed to have consented to all laws made by the

Legislature, and the latter, whether their residence be temporary

or permanent, do impliedly agree to yield obedience to all such

laws as long as they remain in the State;"

STATE v. KNIGHT, 1 N.C. 143 (1799), 2 S.A. 70



My January 1, 1993 declaration which noticed all relevant

parties, including the State of North Carolina, has stood

unchallenged from that time, I chose to depart from the

corporate State, thereby un-incorporating myself, rather than be

apart of a fraudulent system bent on self-destruction, and a

system which enslaves the inhabitants by peonage, using the tools

of debt, taxation and contract.. James Franklin Montgomery has

never intentionally, knowingly or voluntarily, contracted to

create a legal resident/fiction. Blackstone made it perfectly

clear in his commentaries how this court procedure takes place

under such conditions. This is why the first thing that is done

in court is the naming of the person/corporation, read the

following.



"A suit by or against a corporation in its corporate name may be

presumed to be a suit by or against citizens of the state which

created the corporate body, and no averment or denial to the

contrary is admissible for the purpose of withdrawing the suit

from the jurisdiction of a court of the United States.

There is the Roman fiction: The court first decides the law,

presumes all The members are citizens of the state which created

the Corporation, and then says, `you shall not traverse that

Presumption'; and that is the law now.....So that when a suit is

to be brought in a court of the United States by or against a

corporation, by reason of the character of the parties, you have

only to say that this corporation after naming it correctly was

created by a law of the state; and that is exactly the same in

its consequences as if you could allege, and did allege, that the

corporation was a citizen of that state.

Blackstone Commentaries Book III, pg 1553











PEONAGE BY FINANCIAL SERVITUDE

BANKRUPTCY



Congressman Lemke: "....This nation is bankrupt; every State in

this Union is bankrupt; the people of the United States, as a

whole, are bankrupt. The public and private debts of this



Nation, which are evidenced by bonds, mortgages, notes, or other

written instruments about to about $250,000,000,000, and it is

estimated that there is about $50,000,000,000 of which there is

no record, making in all about $300,000,000,000 of public and

private debts. The total physical cash value of all the property

in the United States is now estimated at about $70,000,000,000.

That is more than it would bring if sold at public auction. In

this we do not include debts or the evidence of debts, such as

bonds, mortgages, and so fourth. These are not physical

property. They will have to be paid out of the physical

property. How are we going to pay $300,000,000,000 with only

$70,000,000,000?" Congressional Record, March 3, 1934



Congressman Traficant said on the House floor, March 17,

1993 that:

"Mr. Speaker, we are here now in chapter 11. Members of

Congress are official trustees presiding over the greatest

reorganization of any bankrupt entity in world history, the U.S.

government."



On March 10, 1933 President Roosevelt ordered that all

Americans had to turn in their Gold, which moved our gold assets

to the Bank of England, as part of the bankruptcy and new

extension of this Nations credit, through Federal Reserve notes

based on the all property of this Nation, and labor of every

American.

This was done by Presidential Executive Order, 6073 and the

subsequent Executive Orders, 6102, 6111 and 6260 [these

documents are still publicly attainable in any federal depository

library]



"I want to show you where the people are being imposed upon

by reason of the delegation of this tremendous power. I invite

your attention to the fact that section 16 of the Federal Reserve

Act provides that whenever the Government of the United States

issues and delivers money, Federal Reserve notes, which are based

on the credit of the Nation--they represent a mortgage upon your

home and my home, and upon all the property of all the people of

the Nation--to the Federal Reserve agent, an interest charge

shall be collected for the Government." Congressional Record,

Congressman Patman March 13, 1933



"The ultimate ownership of all property is in the state;

individual so-called `ownership' is only by virtue of government,

i.e., law, amounting to a mere user; and use must be in

accordance with law and subordinate to the necessities of the

State." Senate Document No. 43, "Contracts payable in Gold"

written in 1933.



The United States government and its sub-corporations,

States of.....are operating under color of law, under emergency

rule, outside of the United States constitution, as stated in the

following quote from the Senate. See also, Harvard Law Review,

insular cases.



"Since March 9, 1933, the United States has been in a state of

declared national emergency....Under the powers delegated by

these statutes, the President may: seize property; organize and

control the means of production; seize commodities; assign

military forces abroad; institute martial law; seize and control

all transportation and communication; regulate the operation of

private enterprise; restrict travel; and, in a plethora of



particular ways, control the lives of all American citizens."

"A majority of the people of the United States have lived

all of their lives under emergency rule. For 40 years, freedoms

and governmental procedures guaranteed by the Constitution have,

in varying degrees, been abridged by laws brought into force by

states of national emergency....from, at least, the Civil War in

important ways shaped the present phenomenon of a permanent state

of national emergency." Senate Report, 93rd Congress, November

19, 1973



The Bankruptcy of 1933 and the taxation which created social

obligation for every American is financial servitude, which is in

violation of United States law Title 18 U.S.C. 1581, 1584 and 42

U.S.C. 1994. The king has been using the American courts to

recover his loses. When in the district courts (admiralty

courts) the king is plaintiff, he comes against you in the body

of his corporations, State or federal. The money demanded from

his incorporated persons/corporations after they are correctly

named, is taxation without representation, a collection of the

kings debt. Therefore, all parties are not before the court

which denies procedural due process and notification of who the

true plaintiff is. The Officer is not the Plaintiff. The

Plaintiff has not made an affidavit of truth that James Franklin,

Montgomery has committed a crime or civil cause for the court to

gain jurisdiction. Our courts are based on the English courts

with few exceptions, the district and tax courts were called

courts of Exchequer.



Exchequer: "In English Law. A department of the government

which has the management of the collection of the king's

revenue." Bouvier's Law Dictionary 1914 ed.



The equity court of the exchequer: "57. The court of equity is

held in the exchequer chamber before the lord treasurer, the

chancellor of the exchequer, the chief baron, and three puisne'

ones. These Mr. Selden conjectures to have been anciently made

out of such as were barons of the kingdom, or parliamentary

barons; and thence to have derived their name: which conjecture

receives great strength form Bracton's explanation of magna

carta, c.14, which directs that the earls and barons be amerced

by their peers; that is, says he, by the barons of the exchequer.

The primary and original business of this court is to call the

king's debtors to account, by bill filed by the attorney general;

and to recover any lands, tenements, or hereitaments, any goods,

chattels, or other profits or benefits, belonging to the crown.

So that by their original constitution the jurisdiction of the

courts of common pleas, king's bench, and exchequer, was entirely

separate and distinct; the common pleas being intended to decide

all controversies between subject and subject; the king's bench

to correct all crimes and misdemeanors that amount to a breach of

the peace, the king being then the plaintiff, as such offenses

are in open derogation of the jura regalia (regal rights) of his

crown; and the exchequer to adjust [45] and recover his revenue,

wherein the king also is plaintiff, as the withholding and

nonpayment thereof is an injury to his jura fiscalia (fisical



rights). Black Stone Commentaries Book III, pg 1554



The Department of Motor Vehicles was put under the direction

and control of the Revenue Department by the Act of 1933, chapter

214 - S.B 238, thereby the primary concern is that of being

revenue collectors .



"AN ACT TO TRANSFER THE STATE HIGHWAY PATROL FROM THE HIGHWAY

DEPARTMENT TO THE DEPARTMENT OF REVENUE...."



"It is not contrary to justice that . . . America should

contribute towards the discharge of the public debt of Great

Britain. . . . a government to which several of the colonies of

America owe their present charters, and consequently their

present constitution; and to which all the colonies of America

owe the liberty, security, and property which they have ever

since enjoyed. That public debt has been contracted in the

defense, not of Great Britain alone, but of all the different

provinces of the empire; the immense debt contracted in the late

war in particular, and a great part of that contracted in the war

before, were both properly contracted in defense of America. . .

The Wealth of Nations, by Adam Smith, 1776



Purgatory Oath



"An oath by which a person purges or clears himself from

presumptions, charges or suspicions standing against him, or from

a contempt." Blacks Law Dictionary, 4th ed.



The Acceptance Refused for Cause, Without Dishonor is to be

considered my Purgatory Oath along with my previous January 1,

1993 declaration, which shows my consistent mind set and

conviction.



Refusal to dispute the above or silent acquiescence within a

ten day period from your receipt of this document will show a

fault and the court on its own recognizance will vitiate the

traffic citation. Failure to do this will be admissions that the

parties and the court is involved in forcible trespass on the

Case, extortion, via Highway Robbery and forced peonage and

involuntary servitude.



Mark Twain: "...To be loyal to rags, to shout for rags, to

worship rags, to die for rags--that is a loyalty of unreason; it

is pure animal; it belongs to monarchy; was invented by monarchy;

let monarchy keep it. I was from Connecticut, whose constitution

declared "That all political power is inherent in the people, and

all free governments are founded on their authority and

instituted for their benefit, and that they have at all times an

undeniable and indefensible right to alter their form of

government in such a manner as they think expedient." Under that

gospel, the citizen who thinks that the Commonwealth's political

clothes are worn out and yet holds his peace and does not agitate

for a new suit, is disloyal; he is a traitor. That he may be the

only one who thinks he sees this decay does not excuse him; it is

his duty to agitate, anyway, and it is the duty of others to vote

him down if they do not see the matter as he does."

Congressional Record, April 9, 1934



Year of Our Lord, April Twenty Fifth, Nineteen Hundred and Ninety

Seven.



James Franklin Montgomery

C/O 100 Bridlewood Rd..

High Point North Carolina





President of the United States,

The Executive Branch,



Congress of the United States,

Senate of the United States





January 1, 1993





Dear Sirs,





A long chain of events in the UNGODLY (federal) United

States government's policies, as evidenced by the statutory laws

it passes and agreements, treaties entered into with foreign

countries has prompted this letter. Evidence of the God this

government is subject to is in the laws it's representatives

promote and pass. The United States government no longer abides

by or adheres to God's Laws.1

Thereby changing the original intent of the Fore-Fathers,

which was to establish a government that would promote commerce,

at the same time protect the inalienable rights of the sovereign

Citizens of the several States and bind the hands of government.

While restricting the powers of government with laws based on the

English common law, which is based on Biblical Law.

The evidence is over whelming that our Fore-Fathers intended

this country's government to be based on biblical Laws.2....

....It was not the intention of the Fore-fathers to give

Congress the exclusive control of the territories, without being

in subjection to the Constitution. The words in the

fore-mentioned document have been twisted, obscured and maligned

by lawyers, judges, and the special interest of Congress where

applicable to the corporation, this is a conflict of interest,

which has made it possible for the abuse of power and fraud, past

and present.

Through undue influence and concealment you have created a

title of Nobility for the bankrupt corporation and it's Citizens

giving you unlimited resources to enforce this fraud, via

illiterate and duped citizen subjects who pay for their own

enslavement.

As a result of your concealment of information from the

American people and through your changing the meaning of the

Constitution of the United States, via lawyers, Supreme Court

Judges who make substantive decisions based on their special

interest and a executive branch controlled by foreign agents

(World Bank), you have enslaved the American people.



Citing 17 Am Jur 2d 501 on Contracts:

{151}. Fraud, misrepresentation, or imposition.

In regard to contracts made by parties affecting their

rights and interests. The general theory of the law is that

there must be full and free consent. It is said that if consent

is obtained by meditated imposition or that if consent is

obtained by meditated imposition or circumvention, it is to be

treated as a delusion, and not as a deliberate and free act of

the mind. Although the law will not generally inquire into men's

acts and contracts to determine whether they are wise and

prudent, yet it will not suffer them to be entrapped by the

fraudulent contrivances or cunning or deceitful management of

those who purposely mislead them. Fraud is material to a

contract where the contract would not have been made if the fraud

had not been perpetrated...



{152}. Inducing execution of contract by one not knowing its

contents.

According to the prevailing view, the general rule that

failure to read or have a contract read to a party thereto before



signing it precludes him from complaining about its contents does

not apply in the case of fraud or misrepresentation, as where he

is prevented from reading it or having it read to him by some

fraud, trick, artifice, or device by the other party. If a

person is ignorant of the contents of a written contract and

signs it under a mistaken belief, induced by misrepresentation,

that it is an instrument of a different character, without

negligence on his part, the agreement is void. This rule may be

brought into play by silence, as where it amounts to a

misrepresentation of what a person is asked to sign by failing to

speak when there is a duty to explain the contents of the

instrument. However, the decisions are not entirely in accord in

reference to the effect of a contract by which he has been

overreached. Thus, the question whether one who signs a contract

without reading it is so far concluded that he cannot set up that

his signature was induced by a fraudulent misrepresentation as to

its contents has received varying answers.



{153}. Duress, coercion, intimidation, or threats.

Freedom of will is essential to the validity of an

agreement. Where duress is exerted on one of the parties of such

a kind as to overcome his will and compel a formal assent to an

undertaking when he does not really agree to it, and so as to

make that appear to be his act which is not his, but another's

imposed on him through fear which deprives him of self-control,

the agreement is not binding unless the other deals with him in

good faith, in ignorance of the improper influence and in the

belief that the party coerced is not exercising his free will,

and the test is not so much the means by which the party is

compelled to execute the agreement as the state of mind induced..

Compulsion produced by threats may be sufficient to destroy

free agency and prevent the formation of a binding contract. To

invalidate an agreement, however, as a general rule a threat must

be of such a nature and made under such circumstances as to

constitute a reasonable and adequate cause to control the will...



{155}. Generally

...At no time in the history of the common law have

agreements in violation of law been allowed to stipulate for

iniquity. The law which prohibits the end will not lend its aid

in promoting the means designed to carry it into effect. It will

not promote in one form that which it declares wrong in another,

and hence contracts which bring about results which the law seeks

to prevent are unenforceable... It may therefore be said to be a

fundamental principle of the law of contracts that a contract

must have a lawful purpose or object, and that transactions in

violation of law cannot be made the foundation of a valid

contract.



The government by becoming a corporator, (See: 22 U.S.C.A.

286e) lays down its sovereignty and takes on that of a private

citizen. It can exercise no power which is not derived from the

corporate charter. (See: The Bank of the United States vs.

Planters Bank of Georgia, 6 L. Ed. (9 Wheat) 244, U.S. vs. Burr,

309 U.S. 242).



Such principles as "Fraud and Justice never dwell together"

Wingate's Maxims 680, and "A right of action cannot arise out of

fraud." Broom's Maxims 297, 729; 38 Fed. 800.

The present operation of the "de facto" government is under

Foreign and Alien Constitutions, Laws, Rules and Regulations.

Through treaties and agreements (The U.N. Charter and G.A.T.T.

and others) the United States has forfeited its Sovereignty and

the Sovereignty of the States, making the United States citizen

subject to a foreign Power. Since the implementation of these

treaties and agreements, entered into as a result of the

privilege of borrowing money from the World Bank, to continue the

operation of the bankrupt United States government, the United

States has been enlisted in collecting the debt for the World

Bank. This debt has been drastically increased by the use of

fiat money which has no substance, because there is no gold or

silver to back the Federal Reserve Notes. This unlawful money

has caused thousands of bankruptcies and repossessions,

fraudulently perpetrated by the government of the United States

and the World Bank. Since 1933 congress and the other

representatives have committed high treason against the people

they are sworn to protect. Congress and the Executive branch

have sold out the American people for (thirty pieces of silver)

the furtherance of the corporation.

Congress and the executive branch have willfully and

purposely auctioned off the assets of the American people. The

selling off of America's assets was made possible by the

President, in Executive Order 12803 of April 30, 1992, entitled

Infrastructure Privatization. In the Executive Order you have

defined the title of this treasonous act, which has been done as

a result of the fraud you the government (representatives) have

perpetuated.

In section 1. (a) it says "Privatization" means the

disposition or transfer of an infrastructure asset, such as by

sale or by long-term lease, from a State or local government to a

private party.

In sub-paragraph (b) the Infrastructure Assets are defined.

Obviously the usury the World Bank has been receiving from the

American people (unconscionable citizen subjects) is not enough,

now the World Bank is foreclosing on the United States and wants

the land and the assets to pay the national debt.

Here is the definition of sub-paragraph (b)

"Infrastructure asset" means any asset financed in whole or

in part by the Federal Government and needed for the functioning

of the economy. Examples of such assets include, but are not

limited to: roads, tunnels, bridges, electricity supply

facilities, mass transit, rail transportation, airports, ports,

waterways, water supply facilities, recycling and wastewater

treatment facilities, solid waste disposal facilities, housing,

schools, prisons, and hospitals."

Through the ignorant volunteered compliance of the American

people, as a result of the deceit and fraud of the United States

government (representatives) you have enslaved the American

people. The corporation created this debt through mis-management

and deceit, the corporation (representatives) should be



responsible for this debt and it's actions. Instead it involves

the American people through deceit, trickery, duress, withheld

information and coercion so the corporation (United States) can

continue it's operation which, defrauds the American people in

the most treasonous and treacherous way ever recorded in history.

The Treasury Delegation Order No. 92 states that the I.R.S.

is trained under direction of the Division of "Human Resources"

(U.N.) and the Commissioner (International), by the "office of

personnel Management."

In the 1979 Edition of 22 U.S.C.A. 287, the United Nations,

at pg. 248, you will find Executive order No. 10422. The Office

of personnel Management is under direction of the Secretary

General of the United Nations.

The I.R.S. is also a member in a one hundred fifty nation

pact called the "International Criminal Police Organization",

found at 22 U.S.C.A. 263a.

The "Memorandum & Agreement" between the Secretary of

Treasury/Corporate Governor of "The Fund" and "The Bank" and the

office of the U.S. Attorney General would indicate that the

Attorney General and his associates are soliciting and collecting

information for Foreign Principals. The offices of Secretary of

State, Secretary of Treasury and the Attorney General whereby the

whole of the government has been compromised and the trust of the

United States citizens violated.

As Robert Bork said "we are governed not by law or elected

representatives but by an unelected, unrepresentative,

unaccountable committee of lawyers applying no will but their

own."

Because of the bankruptcy of the United States and

international contracts and or agreements interred into, the

common law was replaced by the Uniform Commercial Code and or

admiralty jurisdiction otherwise known as statutory jurisdiction.

This treasonous act has taken place for the sake of commerce and

in order to do so common law had to be rendered to no effect or

at least extremely hard to obtain in Federal Court. The

bankruptcy of the United States caused through compelled

performance, the following case.

"There is no Federal Common Law, and Congress has no power

to declare substantive rules of common law applicable in a State,

whether they be local or general in their nature, be they

commercial law or a part of the law or torts." (See: Erie

Railroad Co. vs Tomkins, 304 U.S. 64, 82 L.Ed 1188)

The fifty States are now federal states by treaties and

covenants (U.N. treaty & G.A.T.T. and other agreements) making

the federal states and their citizens (tort feasor's) subject to

the World Bank. The people of America are being drained of their

wealth via I.M.F and the I.R.S. to repay the Bank's usury.

The following are excerpts from the INTERNATIONAL COVENANT

ON CIVIL AND POLITICAL RIGHTS.102d Congress 2d Session, Exec.

Rept. 102-23 January 30,1992

The Covenant states expressly that obligations undertaken by

the Parties extend to all parts of federal states "without

limitations or exceptions." (See: page six #5 obligations of

Federal States I.C.C.P.R. January 30, 1992).

The Constitution of the United States no longer exists as a



working document due to the bankrupt de facto corporation, and as

a result of treaties and covenants made with foreign entities, as

a result of accepted privileges by the United States government

and the States.

The fifty States are no longer Sovereign individual

Jurisdictions subject to God Almighty.10

In 1934 the States became sureties for the bankrupt United

States. After the United States joined the United Nations in

1945 the fifty States became federal states belonging to the one

world government, it's citizens are slaves and valuable only as

long as they can produce labor and products for sale on the world

market.

During the negotiation of the Covenant, the "federal state"

issue assumed some importance because there were legally

justified practices, at the State and local level, which were

both manifestly inconsistent with the Covenant and beyond the

reach of Federal authority under the law in force at that time;

that is no longer the case. (See: page 18 I.C.C.P.R.)

The proposed understanding is similarly intended to signal

to our treaty partners that the U.S. will implement its

obligations under the Covenant by appropriate legislative,

executive and judicial means, federal or state as appropriate,

and that the Federal Government will remove any federal

inhibition to the States' abilities to meet their obligations.

(See: page 18 I.C.C.P.R.)



Nothing in this Covenant requires or authorizes legislation,

or other action, by the United States of America prohibited by

the Constitution of the United States as interpreted by the

United

States. (See: page 24 I.C.C.P.R.)



You have committed high treason against America's people and

thought to elevate yourselves above God Almighty. Through lies

and false information, coercion and duress you have enslaved a

free people, through despotism and for the love of money you have

changed the laws to support your usury and corruption. You have

broken the covenant entered into with the American people. You

have entered into covenants with foreign agents and governments

making you unable through these compromising covenants to protect

the American Citizens freedom and property.



I do not wish to be a party to the fraud perpetrated by the

United States, so I hereby give notice with accompanying

affidavit of the removal of all unqualified signatures and power

of attorney. Thereby removing my signature from all papers,

instruments and chattels implying oblation to the nations debt

created by the fraud of the United States corporation. The

violation of God's Laws and the elimination of the common law,

adhered to and established as the law of the land by the

Fore-Fathers leaves no right or recourse in the federal courts

and or federal state courts. Thereby freeing this informed

citizen of the Kingdom of Heaven of any obligation and or torts

as a result of tacit admissions implying obligation or

responsibility, voluntary or involuntary contracts made with the

defunct government of the United States, thereby relieving me

from any obligation from said government.







-----------------------------------------------------------------

[10] Luke 4:8

And Jesus answered and said to him, "Get behind Me, Satan!

For it is written, 'You shall worship the LORD your God, and Him

only you shall serve.

-----------------------------------------------------------------





As practiced by the Senate and Congress of the United

States, I James Franklin Montgomery reserve the right to revise

and extend any and all remarks made in this document of

declaration.





I James Franklin Montgomery declare under penalty of perjury

under the laws of the United States of America that the foregoing

declaration of status is true and correct.









James Franklin Montgomery Date

Sui Juris, Jure Divino, Jura Sanguinis

Ambassador of the Kingdom of Heaven



CC: Secretary of State

Chief Justice of the Supreme Court

Attorney General

Members of the House

Members of the Senate

Secretary of Treasury

Chairman of Banking Committee

Secretary of Commerce







REMOVAL OF UNQUALIFIED SIGNATURES AND POWER OF ATTORNEY





TO WHOM IT MAY CONCERN:



I, James Franklin Montgomery, with my presence being in

Guilford County, North Carolina state, but not of the corporate

body politic of either, and being born into the American Republic

and not in the District of Columbia or any of its territories.

I, hereby remove any unqualified signature and power of attorney

on the following documents, but not limited to my birth

certificate and my application for a social security number for

the following reasons listed below, and any and all documents of

incorporation implying 14th Amendment citizenship.



1. Having been made a ward of the State and federal

government without my permission, because of my parents being

mislead into obtaining a birth certificate for there son.



2. Having been mislead as a teenager by persons of

authority, government agencies, public school teachers,

government sponsored adds and IRS instructed tax paying

businesses, who said adamantly that I had to have a social

security number to work. I then obtained a social security

number so I could work, with out any knowledge of the fact that

this made me a contributor of the national debt and equally

responsible for its repayment.



Now of my own right and not under any legal disability, or

the power of another, or guardianship, I do hereby remove, all

unqualified signatures on any instruments and any express or

implied power of attorney therewith. In fact or assumption,

signed either by me or anyone acting as my agent, or legal

guardian, or unsigned, as it pertains to documents implying 14th

Amendment citizenship, which were created by the United States

government acting in its questionable insular capacity. Due to

the use of various elements of fraud and misrepresentation,

duress, coercion, mistake, bankruptcy, by said agencies/entities,

I hereby cancel, repudiate and refuse to accept any benefit,

franchises and or privileges attached to the above mentioned



socialist agreements, but not limited to the birth certificate

and social security number.

I make void for lack of good faith and notice on the part of

the United States government, any and all unqualified signatures

implying 14th Amendment citizenship.

I, James Franklin Montgomery, do hereby remove, annul,

withdraw, abrogate, recant, negate, delete, nullify, expunge,

cancel, repudiate, disavow, renounce, and relinquish all

unqualified signatures and powers of attorney, in fact or

assumption, with or without my consent and of knowledge, as it

pertains to all property, real or personal, obtained in the past,

present or future. I am the sole and absolute possessor/owner and

possess absolute unqualified full right and allodial title to any

and all such property. I have no effectively connected business

within the United States government, nor do I practice interstate

commerce between the United States government and any federal

state including the State of North Carolina "Body Politic"

corporation.

This instrument replaces, cancels, repudiates the prior

instruments that are filed with the United States Government and

any and all other governmental entities anywhere which may

execute on said prior instrument(s), and this document shall

become a permanent part of the records of the United States

government and the State of North Carolina principles.



As practiced by the Senate and Congress of the United

States, I James Franklin Montgomery reserve the right to revise

and extend any and all remarks made in this document of Removal

of unqualified signatures and power of attorney.



I, James Franklin Montgomery declare under penalty of

perjury under the laws of the United States of America that the

foregoing document is true and correct.





James Franklin Montgomery

Jure Divino, Jura Sanguinis,

Sui Juris











The parties below are noticed by Carbon Copy, notice to the agent

is notice to the principle:



CC: Nicholas Lyell, Atty. Gen, Great Britain

Governor/Council of State, Jim Hunt

State Patrol/Revenue, Officer Speas

Clerk of Court, County of Wilkes

Footnote #13b





James Franklin Montgomery

C/O 100 Bridlewood Rd.

High Point North Carolina state





District Attorney

NOTICE OF DEFAULT

RANDY LYON

AND

County of Wilkes

TACIT PROCURATION

State of North Carolina







District Attorney-Randy Lyon,



You were given 10 days and a additional 10 days grace to

answer my claims and to challenge my understanding of the law.

Your inaction constitutes a legal default and is fatal error.

The ticket was an enticement by the officer for me to appear and

demur to the fraud. James Franklin Montgomery cannot be faulted

for not appearing on an unsworn complaint by a revenue agent who



is not the real party in interest, proven by your default?



"Default a failure to discharge a duty, to one's own

disadvantage; anything wrongful--some omission to do

that which ought to have been done by one of the

parties." 90 N.Y.S. 589, 590.

"The term is most often used to describe the

occurrence of an event which cuts short the rights or

remedies of one of the parties to an agreement or a

legal dispute." Barrons's Law Dictionary, third

edition.



Your silence is tacit admission to the fraud exposed in my

notarized refusal to the Traffic Citation, 7587232-1.



"Silence can only be equated with fraud when there is a

legal and moral duty to speak or when and inquiry left

unanswered would be intentionally misleading." United

States v. Tweel 550 F.2d 297, 299-300 (1947)





TACIT PROCURATION





Q. 1. Does the flag that hangs in the court room with the yellow

fringe bordering three sides represent a Constitutional Title 4

flag?



A. No.



Q. 2. Does the un-Constitutional flag with its yellow fringe

represent Admiralty law having come on land through commerce and

the collection of revenue for the king of England, via his cestui

que trust?



A. Yes.



Q. 3. Will Admiralty law be applied since there is no injured

party and the fine is the collection of revenue, since the

Department of Motor Vehicles was put under the Revenue Department

by the Act of 1933, Chapter 214 - S.B 238?



A. Yes.



Q.4 Are the district courts Admiralty courts as declared by the

Judiciary Act of 1789?



A. Yes.



Q. 5. Can the State produce the contract which shows I have

joined your Admiralty proceeding, thereby waiving with knowledge

and forethought my freeman status granted to me by the North

Carolina state in 1776, under the Declaration of Rights?



A. No.



Q. 6. Were the American people ever notified of the bankruptcy of

the United States, and by the continuation of the governments

fraud that the government of the United States became a de facto

government?



A. No.



Q. 7. Do the fines/taxes attached with violating Chapter 20 of

the Motor Vehicle Code constitute peonage, in violation of Title

18 U.S.C. 1581, 1584 and 42 U.S.C. 1994, absent a contract?



A. Yes.



Q. 8. Does your involvement in placing me under peonage violate

your sworn oath to support and defend the Constitution of the

United States and the laws thereof?



A. Yes.



Q. 9. Do you understand your action makes you liable with set

penalties under Title 18 U.S.C. 1581, 1584 and 42 U.S.C. 1994?



A. Yes.



Q. 10. Do you understand that your knowledge of the courts

admiralty jurisdiction and your refusal to inform me of this

jurisdiction and its rules, constitutes fraud and a breach of

your fiduciary trust that you have under Oath and Bond?



A. Yes



Q. 11. Is the State of North Carolina obligated to inform those

that live in North Carolina state and the State of North

Carolina, that the king of England never sold/transferred his

Title to the State of North Carolina or any of the States in

Union and that the king of England's ownership still stands,

making us tenants on his land?





A. Yes.



Q. 12. Is the State of North Carolina obligated to inform those

that live in North Carolina state and the State of North Carolina

that by the incorporation of North Carolina and the United

States, the inhabitants of North Carolina were made

subjects/citizens forever subject to the king's taxes by his

early charter/s and treaties since made?



A. Yes.



Q. 13. Did the general Assembly of 1787 violate the 1776

Declaration of Rights and the 1776 North Carolina Constitution,

by ratifying the treaty between the states making its inhabitants

incorporated legal residents, taxable subjects of the

king/citizens of the United States?



A. Yes.



Q. 14. Do I have the right to face my accuser, the true

plaintiff, the king not the cestui que trust, of which you and

all government representatives are fiduciaries of this trust,

making you not the true plaintiff?



A. Yes.



Q. 15. Are you obligated to inform me that by your naming the

corporate fiction, the Nom de Querre (WAR NAME) and corporate

fiction, JAMES F. MONTGOMERY in open court, and by affirmative

answer confirms the corporate fiction, the legal presumption of

incorporation can then no longer be challenged?



A. Yes.



Q. 16. Is the United States government and the State of North

Carolina obligated to tell the American people that the

Constitution for the United States as a restrictive document on

the corporation it created, has been suspended by the declaration

of war of March 9, 1933, 48 statute 1, declared on the American

people?



A. Yes.



Q. 17. Is the United States government and the State of North

Carolina obligated to tell the American people that the

Fourteenth Amendment substantially changed the Constitution of

the United States, declaring its citizens could no longer

challenge the public debt, which is forced peonage in violation

of Title 18 USC 1581, 1584 and 42 USC 1994?



A. Yes.



Q. 18. Is the United States government and the State of North

Carolina obligated to tell the American people that under the

Fourteenth Amendment sec. 3, judges could not grant relief to

those declared enemies under a declared War?



A. Yes.



Q. 19. Are you aware that since the declared War on the American

people, as enemies they are required to obtain a license for any

government created benefit they may profit from, so they can be

taxed, even though this is fraud because of the bankruptcy and

the unlawful fiat money that creates perpetual debt, which again

is peonage?



A. Yes.



Q. 20. Has the real party in interest filed a sworn statement

under penalties of perjury, showing a damage caused by James

Franklin Montgomery that has been filed as a complaint before a

competent tribunal can claim venue and jurisdiction over the

perceived subject matter?



A. No.



Q. 21. Do you now understand from the above questions and

documentation provided that to continue the action against James

Franklin Montgomery is a continuation of the fraud of the United

States and the State of North Carolina by forced peonage, and

that because of your fiduciary status and that of the judge, you

have no Judaical immunity?





A. Yes.











James Franklin Montgomery



Jure Divino, Jura Sanguinis,



Sui Juris











The parties below are noticed by Carbon Copy, notice to the agent

is notice to the principle:



CC: Nicholas Lyell, Atty. Gen, Great Britain

Governor/Council of State, Jim Hunt

State Patrol/Revenue, Officer Speas

Clerk of Court, County of Wilkes









Footnote #13c





James Franklin Montgomery

C\O 100 Bridlewood Rd.

High Point North Carolina





August 4, 1997





Dear Judge Michael E. Helms,



I have made attempts (en# 1, 1a) to notice the court as to

my status, meaning, a lack of voluntary contractual nexus between

James Franklin Montgomery and the state of North Carolina. I have

attempted to discover, by posing questions to the court, in

regards to status and contract; to find if a involuntary nexus

does in fact exist between James Franklin Montgomery and the

state of North Carolina.

I am not raising these issues in order to defeat a fine. I

have been doing this research since 1988.

I find myself in a difficult position. As a former U. S.

Marine, I swore an oath to support and defend my country and it's

Constitution against all enemies foreign and domestic. I have

discovered a foreign enemy has waged a silent war from within our

borders. Because of my oath and moral obligation as a Christian,

I am obligated to inform the American people, which I have done.

Listed below are the source materials I have written which

speak to the issues covered in this letter. These papers were

written in the following order. "The History Of Lawful Gold And

Silver", "A Country Defeated In Victory" Parts 1 + 2, these

papers are located on BBS's around the country, including my BBS

called Knowledge Is Freedom, 1-910-869-1945, and they are also

located on the internet. The latest research paper is called

"The United States Is Still A British Colony" Parts 1 + 2, It can

also be found on BBS's around the country, it can also be found

at, http://users.aol.com/dritus/apn.htm.

I am going to cover a few issues that are responsible for my

stance, and God forbid, what appears to be my self-destruction in

order to honor my oath and moral obligation as a Christian. I

leave it to the American people after they know the facts, to

vote me down as stated by Mark Twain.



Mark Twain: "You see, my kind of loyalty was loyalty to

one's country, not to institutions or its officeholders. The

country is the real thing; it is the thing to watch over and care

for and be loyal to; institutions extraneous, they are its mere

clothing, and clothing can wear out, become ragged, cease to be

comfortable, cease to protect the body from winter, disease, and

death. To be loyal to rags, to shout for rags, to worship rags,

to die for rags--that is a loyalty of unreason; it is pure

animal; it belongs to monarchy; was invented by monarchy; let

monarchy keep it. I was from Connecticut, whose constitution



declared "That all political power is inherent in the people, and

all free governments are founded on their authority and

instituted for their benefit, and that they have at all times an

undeniable and indefensible right to alter their form of

government in such a manner as they think expedient." Under that

gospel, the citizen who thinks that the Commonwealth's political

clothes are worn out and yet holds his peace and does not agitate

for a new suit, is disloyal; he is a traitor. That he may be the

only one who thinks he sees this decay does not excuse him; it is

his duty to agitate, anyway, and it is the duty of others to vote

him down if they do not see the matter as he does."

Congressional Record, April 9, 1934



The first issue is, Thomas Jefferson did not want the United

States Bank with foreign ownership to be allowed to incorporate

in this country, because it would violate the law of Mortmain

(en# 2). Meaning our land would be placed in dead hands. This

is the case today. Because of Thomas Jefferson's claim to the

law of Mortmain, he understood himself to be a freeman and

sovereign, equal to the king of England, who made the law of

mortmain for himself, a sovereign. Thomas Jefferson believed

his sovereignty came from the Declaration of Independence.

However, in the court decision Trustees, Davidson College v.

Chambers' Executors, 56 N.C. 253 (1857), the court says:



"I have hereinbefore referred to the opinion of Chancellor

KENT, that none of these statutes of Mortmain had been adopted in

any State of the Union except Pennsylvania. I think I may safely

assert that not one of them has ever been in force in North

Carolina. I do not find in our reports any existence here."

Question #1: Was Thomas Jefferson right, saying the

incorporation of the United States Bank was against the law of

Mortmain, thereby declaring Americans had right to use the law of

Mortmain to stop the Banks incorporation, and since we had the

power to use the law of Mortmain we as freeman were equal to the

King in sovereignty?



Question #2: If you answer no, does that mean that Thomas

Jefferson, the greatest legal mind of our young country, who

spoke five languages and learned the Nordic language so he could

better understand the origin of our laws, was confused or

ignorant of our law and the issues of sovereignty?



In 1845 Congress passed the Act of 1845 allowing admiralty

law to come on land in violation of hundreds of years of stare

decisis and the Magna Charta and also early American law. This

began what is known as the Insular cases: See: Langdell, 'The

Status of our New Territories', 12 Harv.L.Rev. 365, 371; see also

Thayer, 'Our New Possessions', 12 Harv.L.Rev. 464; Thayer, 'The

Insular Tariff Cases in the Supreme Court', 15 Harv.L.Rev. 164;

Littlefield, 'The Insular Cases', 15 Harv.L.Rev. 169, 281.

The dissenting opinion in Downes v. Bidwell leaves no doubt

that the United States Constitution was being abandoned to

promote the kings commerce.



"The idea prevails with some indeed, it found expression in

arguments at the bar that we have in this country substantially



or practically two national governments; one to be maintained

under the Constitution, with all its restrictions; the other to

be maintained by Congress outside and independently of that

instrument, by exercising such powers as other nations of the

earth are accustomed to exercise."

"I take leave to say that if the principles thus announced

should ever receive the sanction of a majority of this court, a

radical and mischievous change in our system of government will

be the result. We will, in that event, pass from the era of

constitutional liberty guarded and protected by a written

constitution into an era of legislative absolutism."

"It will be an evil day for American liberty if the theory

of a government outside of the supreme law of the land finds

lodgment in our constitutional jurisprudence. No higher duty

rests upon this court than to exert its full authority to prevent

all violation of the principles of the constitution." Downes vs

Bidwell, 182 U.S. 244 (1901)



Question #3: What obligation do judges have to obey their

oath to support and defend the U.S. Constitution, and was your

oath to the 1787 U.S. de jure Constitution or the 1870 U.S. de

facto Constitution, post Civil War and Fourteenth Amendment?



The Civil War brought about the conquest of the south and

also the U.S. de jure government. Under International law which

was codified by Lincoln (en# 2), the occupying army can change

the existing laws of the de jure government, and replace all or

part of them with the occupying armies laws by establishing a de

facto government. See: Macleod v. U.S, 229 U.S. 416 1913,

Fleming v. Page, 50 U.S. 603 1850, The Diamond Rings, 183 U.S.

176 1901, Dooley v. U.S., 182 U.S. 222 1901, 294 U.S. 330 1935,

General Orders No. 100 by President Lincoln, 24 April 1863.

If you will remember your history, the Fourteenth Amendment

was passed and imposed by force on the southern states. The de

facto government's occupation of America as a result of conquest

and the imposition of this Amendment has not changed since that

time. The government became de facto because President Lincoln

declared war and ruled the government by executive order and

without a lawful Congress for six months. The military occupation

was confirmed by their imposing the Fourteenth Amendment on the

southern states, and its adoption by the northern states out of

ignorance.

The Fourteenth Amendment created citizenship into the de

facto government. It disallows its citizens to question the

national debt in section 4 of the Fourteenth Amendment, which is

financial servitude, it also makes the citizen a legal resident.

The conquered southern states became territories of the United

States, until the Fourteenth Amendment was ratified by the

states, however, the war powers were never ended.



".....This order of a military officer, asserting, in

effect, his right to annul such of our laws as he may deem

unwise, is suspended by order of the President. This arbitrary

step is scarcely arrested, when a measure is proposed by

Congress, looking to the sanction of this military supremacy over

our laws.



In the midst of the progress of these events we are

astounded by a proposition, originated by North Carolinians, and

brought before Congress under auspices calculated to alarm us,

that North Carolina, one of the original thirteen, is no longer a

State, but a territory of the United States." Inaugural Address,

Governor of North Carolina, William Woods Holden 1868



Sec. 3 of the Fourteenth Amendment makes it against the law

for a judge or legislator to give aid to the enemy.



Question #4: Is this why when faced with a de jure

Constitutional argument a judge will threaten the party bringing

it with contempt, because it would violate the public policy

under the courts admiralty powers granted by the de facto

government?



The military occupation and declared emergency are still in

effect, all Americans have been declared enemies of the de facto

government, in order to exact taxes from them to pay the debt

created by Congress. This fact cannot be challenged, denied or

rebuffed by you or Congress, it is a fact.



"Since March 9, 1933, the United States has been in a state

of declared national emergency....Under the powers delegated by

these statutes, the President may: seize property; organize and

control the means of production; seize commodities; assign

military forces abroad; institute martial law; seize and control

all transportation and communication; regulate the operation of

private enterprise; restrict travel; and, in a plethora of

particular ways, control the lives of all American citizens."

"A majority of the people of the United States have lived

all of their lives under emergency rule. For 40 years, freedoms

and governmental procedures guaranteed by the Constitution have,

in varying degrees, been abridged by laws brought into force by

states of national emergency....from, at least, the Civil War in

important ways shaped the present phenomenon of a permanent state

of national emergency." Senate Report, 93rd Congress, November

19, 1973



When a permanent state of national emergency exists the

Constitution is suspended and I put to you a dead letter as to

its purpose for creation, which was to restrict the de jure

government from doing just what I am informing you of now. By

military occupation all Americans have been declared enemies.

You will see in the following quote you do not have to have the

military visible in the streets for military occupation or

military martial law to exist.



'But there is another description of government, called also

by publicists a government de facto, but which might, perhaps, be

more aptly denominated a government of paramount force. Its

distinguishing characteristics are (1) that its existence is

maintained by active military power within the territories, and

against the rightful authority of an established and lawful

government; and (2) that while it exists it must necessarily be

[229 U.S. 416, 429] obeyed in civil matters by private citizens

who, by acts of obedience rendered in submission to such force,

do not become responsible, as wrongdoers, for those acts, though

not warranted by the laws of the rightful government. Actual



governments of this sort are established over districts differing

greatly in extent and conditions. They are usually administered

directly by military authority, but they may be administered,

also, by civil authority, supported more or less directly by

military force.' Thornington v. Smith, 8 Wall. 1, 9, 19 L. ed.

361, 363. Macleod v. U.S, 229 U.S. 416 1913



Question #5: In light of this information, by enforcing by

compelled performance involuntary contracts which cause

involuntary servitude on unaware Americans, why are you not in

violation of your oath of office to support and defend the

Constitution of the United States against all enemies foreign and

domestic?



Also in the above case private citizens cannot be held as

wrong doers for obeying the de facto governments laws and then

made tort feasors. I am not responsible for the use of fiat

money and the obligation of the debt created by the bankruptcy of

the United States and the national emergency declared as a

result. I object to the use of fiat military script and my being

held as a tort feasor for obtaining a social security number

under duress and coercion at the age of 12. I was not informed

that a legal contribution made you a joint tort feasor, see

Blacks Law Dictionary, nor was I old enough to enter into a

contract of any kind, much less one which enforces admiralty

compelled performance.



Question #6: Is the de facto government in violation of

international law and treaties, by coercing those declared to be

enemies, to enslave themselves by requiring them to obtain a

Social Security number, making them under legal definition a tort

feasor?



Question #7: Is the de facto government in violation of

international law, by creating a national debt, and making it

unlawful to challenge the debt created by Congress, which is

forced peonage, financial slavery?



March 9, 1933 President Roosevelt declared a national

emergency with his authority being the War Powers Act of October

6, 1917, as amended by his hand to include all Americans.



"In Title 1, Section 1 it says: The actions, regulations,

rules, licenses, orders and proclamations heretofore or hereafter

taken, promulgated, made, or issued by the President of the

United States or the Secretary of the Treasury since March 4,

1933, pursuant to the authority conferred by subdivision (b) of

section 5 of the Act of October 6, 1917, as amended, are hereby

approved and confirmed."

"Section 2. Subdivision (b) of section 5 of the Act of

October 6, 1917, (40 Stat. L. 411), as amended, is hereby amended

to read as follows: emergency declared by the President, the

President may, through any agency that he may designate, or

otherwise, investigate, regulate, or prohibit, under such rules

and regulations as he may prescribe, by means of licenses or

otherwise, any transactions in foreign exchange, transfers of

credit between or payments by banking institutions as defined by

the President, and export, hoarding, melting, or earmarking of

gold or silver coin or bullion or currency, BY ANY PERSON WITHIN

THE UNITED STATES OR ANY PLACE SUBJECT TO THE JURISDICTION



THEREOF."



Question #8: I hold my sincere held beliefs because of

history and the governments own documents, can you challenge them

and show me that I am incorrect?



At the same time, Constitutional money was suspended and

fiat money was put in place as legal tender. This is military

script and comes under International Law, along with the taxes

that have been collected to pay your salary and the State

patrolman's salary.



"While it is held to be the right of a conqueror to levy

contributions upon the enemy in their seaports, towns, or

provinces which may be in his military possession by conquest,

and to apply the proceeds to defray the expenses of the war, this

right is to be exercised within such limitations that it may not

savor of confiscation. As the result of military occupation, the

taxes and duties payable by the inhabitants to the former

government become payable to the military occupant, unless he

sees fit to substitute for them other rates or modes of

contributions to the expenses of the government. The moneys so

collected are to be used for the purpose of paying the expenses

of government under the military occupation, such as the salaries

of the judges and the police, and for the payment of the expenses

of the army.'" Macleod v. U.S, 229 U.S. 416 1913



Art. 10. "Martial Law affects chiefly the police and

collection of public revenue and taxes, whether imposed by the

expelled government or by the invader, and refers mainly to the

support and efficiency of the army, its safety, and the safety of

its operations." Gen. Orders No. 100 by President Lincoln, 24

April 1863



Art. 39. "The salaries of civil officers of the hostile

government who remain in the invaded territory, and continue the

work of their office, and can continue it according to the

circumstances arising out of the war - such as judges,

administrative or police officers, officers of city or

communal governments - are paid from the public revenue of the

invaded territory, until the military government has reason

wholly or partially to discontinue it. Salaries or incomes

connected with purely honorary titles are always stopped." Gen.

Orders No. 100 by President Lincoln, 24 April 1863



Question #9: Since you are the trier of fact and you rely on

the imposition of fines for your salary, why is this not a

conflict of interest and create bias and prejudice by the court?



I now come to the final issue. The flag in every court room

has a yellow fringe boarding three sides. This flag is in strict

violation of Title 4 sec. 1. U.S.C, which is a flag of peace.



"The flag of the United States shall be thirteen horizontal

stripes, alternate red and white; and the union of the flag shall

be forty-eight stars, white in a blue field."

A foot note was added on page 1113 of the same section which

says: "Placing of fringe on the national flag, the dimensions of

the flag, and arrangement of the stars are matters of detail not

controlled by statute, but within the discretion of the President

as commander-in-chief of the army and navy." 1925, 34

Op.Atty.Gen. 483.





"Executive Order No. 10834, August 21, 1959, 24 F.R. 6865, a

military flag is a flag that resembles the regular flag of the

United States, except that it has a yellow fringe, boarder on

three sides. The President of the United States designated this

deviation from the regular flag, by executive order, and in his

capacity as Commander-in-Chief of the Armed Forces."



The president as military commander can add a yellow fringe

to our flag. When would this be done? During time of war. Why?

A flag with a fringe is an ensign, a military flag. This fringe

also means if flying in a court room that it is a admiralty

(commerce) court, and will render decisions on the type of case

brought before it, common law, equity law, or admiralty which are

cases based on revenue and commerce. The fringe is proof of

military jurisdiction.( en#4.)



Question #10: Are you as judge responsible for the decorum

of the court room, and by this flag of war flying does this not

violate your oath of office?



Question #11: Since Americans that come before you and enter

the bar, bringing themselves under admiralty law which is kept

secret from them, why are you not violating their 4th, 5th and

especially 6th Amendment rights that the de facto government

claims they have?



Until these questions are answered I cannot in good

conscience or morally take part in fraud, or not resist a

government that refuses to answer legitimate questions, which

confirms it is a de facto tyrannical government; and by my sworn

oath to support and defend America against all enemies foreign

and domestic, I must resist in any peaceful means available to

me, even to the point of my imprisonment or death. I must

receive an answer to these questions no later than August 12,

1997.



Psalms chapter 2 verses 10-12



Now therefore, O kings, show discernment; Take warning, O

judges of the earth, Worship the Lord with reverence, And

rejoice with trembling. Do homage to the Son, lest He become

angry, and you perish in the way, For His wrath may soon be

kindled.









ENDNOTES





Endnote #1



4/28/97

ACCEPTANCE REFUSED FOR CAUSE, WITHOUT DISHONOR



To whom it may concern,



I James Franklin Montgomery, do hereby make this ACCEPTANCE

REFUSED FOR CAUSE , WITHOUT DISHONOR OF the Traffic Citation,

7587232-1.











Endnote #1a



5/27/97

District Attorney

NOTICE OF DEFAULT

RANDY LYON

AND

County of Wilkes

TACIT PROCURATION

State of North Carolina



Endnote #2



"If the American people ever allow the banks to control

issuance of their currency, first by inflation and then by

deflation, the banks and corporations that grow up around them

will deprive the people of all property until their children will

wake up homeless on the continent their fathers occupied."

(Thomas Jefferson)



"On February 15, 1791 Jefferson wrote Washington to tell him

his objections of the establishment of a National Bank.



The bill for establishing a National Bank undertakes among

other things:

1. To form the subscribers into a corporation.

2. To enable them in their corporate capacities to receive grants

of land; and so far is against the laws of mortmain.

I consider the foundation of the Constitution as laid on

this ground; That "all powers not delegated to the United States,

by the Constitution, nor prohibited by it to the States, are

reserved to the States or to the people."......

.....To take a single step beyond the boundaries thus

specially drawn around the powers of Congress, is to take

possession of a boundless field of power, no longer susceptible

of any definition.

The incorporation of a bank, and the powers assumed by this

bill, have not, in my opinion, been delegated to the United

States, by the Constitution.

Can it be thought that the Constitution intended that for a

shade or two of convenience, more or less, Congress should be

authorized to break down the most ancient and fundamental laws of

the several States; such as those against mortmain, the laws of

alienage, the rules of descent, the acts of distribution, the

laws of escheat and forfeiture, the laws of monopoly?"



Endnote #3



INSTRUCTIONS FOR THE GOVERNMENT OF ARMIES OF THE UNITED STATES IN

THE FIELD

Prepared by Francis Lieber, promulgated as General Orders No. 100

by President Lincoln, 24 April 1863.





Endnote # 4



"...The agency of the master is devolved upon him by the law

of the flag. The same law that confers his authority ascertains

its limits, and the flag at the mast-head is notice to all the

world of the extent of such power to bind the owners or

freighters by his act. The foreigner who deals with this agent

has notice of that law, and, if he be bound by it, there is not

injustice. His notice is the national flag which is hoisted on

every sea and under which the master sails into every port, and

every circumstance that connects him with the vessel isolates

that vessel in the eyes of the world, and demonstrates his

relation to the owners and freighters as their agent for a

specific purpose and with power well defined under the national

maritime law." Bouvier's Law Dictionary, 1914.



"Pursuant to the "Law of the Flag", a military flag does

result in jurisdictional implication when flown. The Plaintiff

cites the following: "Under what is called international law, the

law of the flag, a shipowner who sends his vessel into a foreign

port gives notice by his flag to all who enter into contracts

with the shipmaster that he intends the law of the flag to

regulate those contracts with the shipmaster that he either

submit to its operation or not contract with him or his agent at

all." Ruhstrat v. People, 57 N.E. 41, 45, 185 ILL. 133, 49 LRA

181, 76 AM.



James Franklin Montgomery

Jure Divino, Jura Sanguinis,

Sui Juris







Footnote #14



ADDENDUM



I have just discovered the following two endnotes. They

completely confirm in a very finial way my research in British

Colony parts 1, 2 and 3, and the Informer's research and book

"The New History Of America". If you will study the following

papers, the Magna Carta and our Bill of Rights, and come to an

understanding of their similarities. Then re-read the Charters

included in British Colony parts 1 and 2, keeping in mind the

issues I raised, then read the following commentary.



"The two main issues as I see them in British Colony are;

one, the financial obligations of the 1213 Charter En #1, are

still in effect, along with the Charters establishing America.

Two, the last sentence of the 1689 Bill of Rights En #2, proves

the following:"

"That the Charters of the Colonies could never be overturned

by a Declaration of Independence, or the 1787 treaty, otherwise

known as the Constitution, I'm talking about the real subject

matter, financial obligation. Title for the land was transferred

to the states and then ceded by Charter to the federal government

under Cestui que trust, but the contracted debt and obligation of

the Colonial Charters, and the 1213 Charter could not be negated.

Rights could be granted to the citizens, subjects or combatants,

which ever the case may be, but the financial obligation cannot,

nor could not be affected, because it involves parties not yet

born. This why King Charles I said, the 1689 Bill of Rights

would not free the kingdom from the obligation of the 1213

Charter. This is why the United States Bank was given right of

Charter in America. George Washington had no choice but to

succumb to the Rothchilds point man, Hamilton. Talk about deja

vu, I mean does this not sound familiar. Our Bill of Rights was

given to us, to give us the illusion of freedom. When the tax

obligation of the Charters above marched along un-impeded and

un-seen, by Americans and Britons alike. Read the Magna Carta

again, they wanted the Pope's blessing for the 1215 Charter, this

same Pope is the Pope in the 1213 Charter where England and

Ireland were given to him. He could not just give back his land,

because of other parties not yet born. The Pope let the barons

presume they were free and gave his blessing to the 1215 Magna

Carta, knowing to do so would in no way lawfully overturn the

grant made to him in the 1213 Charter. Also, it is apparent, it

was recognized as law that you could not even create a Charter,

wherein you declared a previous grant or Charter null in void

unless the relevant parties agreed. How can a Charter be made

void if parties to the Charter will never cease to be born, an

heir can always be found. To prove this, again what did the new

king Charles I do, even though the previous monarchy had come to

an end, its obligations did not, this is why he had to included

paragraph III, a clause to protect the other parties of an

earlier Charter."



James Franklin Montgomery, Sui Juris servant of Jesus Christ







Endnote #1



Britannia: Sources of British History (1213)

KING JOHN's Concession of England and Ireland to the Pope



In the matter of the election and installation of Stephen Langton

as Archbishop of Canterbury, King John, in the words of Pope

Innocent III, had by "impious persecution", tried to "enslave"

the entire English Church. As a result, the pope laid on England

an interdict (1208-14), a sort of religious "strike", wherein no

religious service be performed for anyone, guilty or innocent.

When this didn't work, the king, himself, was excommunicated.

Caving-in under that pressure, John wrote a letter of concession

to the pope, hoping to have the interdict and the excommunication

lifted (1213). John's concession which, in effect, made England a

fiefdom of Rome, worked like a charm. The satisfied pope lifted

lifted the yoke he had hung on the people of England and their

king.



John, by the grace of God, king of England, lord of Ireland, duke

of Normandy and Aquitaine, count of Anjou, to all the faithful of

Christ who shall look upon this present charter, greeting.



We wish it to be known to all of you, through this our charter,

furnished with our seal, that inasmuch as we had offended in many

ways God and our mother the holy church, and in consequence are

known to have very much needed the divine mercy, and can not

offer anything worthy for making due satisfaction to God and to

the church unless we humiliate ourselves and our kingdoms: we,

wishing to humiliate ourselves for Him who humiliated Himself for

us unto death, the grace of the Holy Spirit inspiring, not

induced by force or compelled by fear, but of our own good and

spontaneous will and by the common counsel of our barons, do

offer and freely concede to God and His holy apostles Peter and

Paul and to our mother the holy Roman church, and to our lord

pope Innocent and to his Catholic successors, the whole kingdom

of England and the whole kingdom Ireland, with all their rights

and appurtenances, for the remission of our own sins and of those

of our whole race as well for the living as for the dead; and now

receiving and holding them, as it were a vassal, from God and the

Roman church, in the presence of that prudent man Pandulph,

subdeacon and of the household of the lord pope, we perform and

swear fealty for them to him our aforesaid lord pope Innocent,

and his catholic successors and the Roman church, according to

the form appended; and in the presence of the lord pope, if we

shall be able to come before him, we shall do liege homage to

him; binding our successors aid our heirs by our wife forever, in

similar manner to perform fealty and show homage to him who shall

be chief pontiff at that time, and to the Roman church without

demur. As a sign, moreover, of this our own, we will and

establish perpetual obligation and concession we will establish

that from the proper and especial revenues of our aforesaid

kingdoms, for all the service and customs which we ought to

render for them, saving in all things the penny of St. Peter, the

Roman church shall receive yearly a thousand marks sterling,

namely at the feast of St. Michael five hundred marks, and at



Easter five hundred marks, seven hundred, namely, for the kingdom

of England, and three hundred for the kingdom of Ireland, saving

to us and to our heirs our rights, liberties and regalia; all of

which things, as they have been described above, we wish to have

perpetually valid and firm; and we bind ourselves and our

successors not to act counter to them. And if we or any one of

our successors shall presume to attempt this, whoever he be,

unless being duly warned he come to his kingdom, and this senses,

be shall lose his right to the kingdom, and this charter of our

obligation and concession shall always remain firm.







Endnote #2







Britannia: Sources of British History

BILL of RIGHTS, 1689



An Act Declaring the Rights and Liberties of the Subject and

Settling the Succession of the Crown



Whereas the Lords Spiritual and Temporal and Commons

assembled at Westminster, lawfully, fully and freely representing

all the estates of the people of this realm, did upon the

thirteenth day of February in the year of our Lord one thousand

six hundred eighty-eight [old style date] present unto their

Majesties, then called and known by the names and style of

William and Mary, prince and princess of Orange, being present in

their proper persons, a certain declaration in writing made by

the said Lords and Commons in the words following,



Whereas the late King James the Second, by the assistance of

divers evil counsellors, judges and ministers employed by him,

did endeavour to subvert and extirpate the Protestant religion

and the laws and liberties of this kingdom;



By assuming and exercising a power of dispensing with and

suspending of laws and the execution of laws without consent of

Parliament;



By committing and prosecuting divers worthy prelates for humbly

petitioning to be excused from concurring to the said assumed

power;



By issuing and causing to be executed a commission under the

great seal for erecting a court called the Court of Commissioners

for Ecclesiastical Causes;



By levying money for and to the use of the Crown by pretence of

prerogative for other time and in other manner than the same was

granted by Parliament;



By raising and keeping a standing army within this kingdom in

time of peace without consent of Parliament, and quartering

soldiers contrary to law;



By causing several good subjects being Protestants to be disarmed

at the same time when papists were both armed and employed

contrary to law;



By violating the freedom of election of members to serve in

Parliament;



By prosecutions in the Court of King's Bench for matters and



causes cognizable only in Parliament, and by divers other

arbitrary and illegal courses;



And whereas of late years partial corrupt and unqualified persons

have been returned and served on juries in trials, and

particularly divers jurors in trials for high treason which were

not freeholders;



And excessive bail hath been required of persons committed in

criminal cases to elude the benefit of the laws made for the

liberty of the subjects;



And excessive fines have been imposed; And illegal and cruel

punishments inflicted; And several grants and promises made of



fines and forfeitures before any conviction or judgment against

the persons upon whom the same were to be levied;



All which are utterly and directly contrary to the known

laws and statutes and freedom of this realm;



And whereas the said late King James the Second having

abdicated the government and the throne being thereby vacant, his

Highness the prince of Orange (whom it hath pleased Almighty God

to make the glorious instrument of delivering this kingdom from

popery and arbitrary power) did (by the advice of the Lords

Spiritual and Temporal and divers principal persons of the

Commons) cause letters to be written to the Lords Spiritual and

Temporal being Protestants, and other letters to the several

counties, cities, universities, boroughs and cinque ports, for

the choosing of such persons to represent them as were of right

to be sent to Parliament, to meet and sit at Westminster upon the

two and twentieth day of January in this year one thousand six

hundred eighty and eight, in order to such an establishment as

that their religion, laws and liberties might not again be in

danger of being subverted, upon which letters elections having

been accordingly made;



And thereupon the said Lords Spiritual and Temporal and

Commons, pursuant to their respective letters and elections,

being now assembled in a full and free representative of this

nation, taking into their most serious consideration the best

means for attaining the ends aforesaid, do in the first place (as

their ancestors in like case have usually done) for the

vindicating and asserting their ancient rights and liberties

declare:



That the pretended power of suspending the laws or the execution

of laws by regal authority without consent of Parliament is

illegal;



That the pretended power of dispensing with laws or the execution

of laws by regal authority, as it hath been assumed and exercised

of late, is illegal;



That the commission for erecting the late Court of Commissioners

for Ecclesiastical Causes, and all other commissions and courts

of like nature, are illegal and pernicious;



That levying money for or to the use of the Crown by pretence of

prerogative, without grant of Parliament, for longer time, or in

other manner than the same is or shall be granted, is illegal;



That it is the right of the subjects to petition the king, and

all commitments and prosecutions for such petitioning are

illegal;



That the raising or keeping a standing army within the kingdom in

time of peace, unless it be with consent of Parliament, is

against law;



That the subjects which are Protestants may have arms for their

defence suitable to their conditions and as allowed by law;



That election of members of Parliament ought to be free;



That the freedom of speech and debates or proceedings in

Parliament ought not to be impeached or questioned in any court

or place out of Parliament;



That excessive bail ought not to be required, nor excessive fines

imposed, nor cruel and unusual punishments inflicted;



That jurors ought to be duly impanelled and returned, and jurors

which pass upon men in trials for high treason ought to be



freeholders;





That all grants and promises of fines and forfeitures of

particular persons before conviction are illegal and void;





And that for redress of all grievances, and for the

amending, strengthening and preserving of the laws, Parliaments

ought to be held frequently.



And they do claim, demand and insist upon all and singular

the premises as their undoubted rights and liberties, and that no

declarations, judgments, doings or proceedings to the prejudice

of the people in any of the said premises ought in any wise to be

drawn hereafter into consequence or example; to which demand of

their rights they are particularly encouraged by the declaration

of his Highness the prince of Orange as being the only means for

obtaining a full redress and remedy therein.





Having therefore an entire confidence that his said Highness

the prince of Orange will perfect the deliverance so far advanced

by him, and will still preserve them from the violation of their

rights which they have here asserted, and from all other attempts

upon their religion, rights and liberties, the said Lords

Spiritual and Temporal and Commons assembled at Westminster do

resolve that William and Mary, prince and princess of Orange, be

and be declared king and queen of England, France and Ireland and

the dominions thereunto belonging, to hold the crown and royal

dignity of the said kingdoms and dominions to them, the said

prince and princess, during their lives and the life of the

survivor to them, and that the sole and full exercise of the

regal power be only in and executed by the said prince of Orange

in the names of the said prince and princess during their joint

lives, and after their deceases the said crown and royal dignity

of the same kingdoms and dominions to be to the heirs of the body

of the said princess, and for default of such issue to the

Princess Anne of Denmark and the heirs of her body, and for

default of such issue to the heirs of the body of the said prince

of Orange. And the Lords Spiritual and Temporal and Commons do

pray the said prince and princess to accept the same accordingly.





And that the oaths hereafter mentioned be taken by all

persons of whom the oaths have allegiance and supremacy might be

required by law, instead of them; and that the said oaths of

allegiance and supremacy be abrogated.







I, A.B., do sincerely promise and swear that I will be faithful

and bear true allegiance to their Majesties King William and

Queen Mary. So help me God.





I, A.B., do swear that I do from my heart abhor, detest and

abjure as impious and heretical this damnable doctrine and

position, that princes excommunicated or deprived by the Pope or

any authority of the see of Rome may be deposed or murdered by

their subjects or any other whatsoever. And I do declare that no

foreign prince, person, prelate, state or potentate hath or ought

to have any jurisdiction, power, superiority, pre-eminence or

authority, ecclesiastical or spiritual, within this realm. So

help me God.





Upon which their said Majesties did accept the crown and royal

dignity of the kingdoms of England, France and Ireland, and the



dominions thereunto belonging, according to the resolution and

desire of the said Lords and Commons contained in the said

declaration. And thereupon their Majesties were pleased that the

said Lords Spiritual and Temporal and Commons, being the two

Houses of Parliament, should continue to sit, and with their

Majesties' royal concurrence make effectual provision for the

settlement of the religion, laws and liberties of this kingdom,

so that the same for the future might not be in danger again of

being subverted, to which the said Lords Spiritual and Temporal

and Commons did agree, and proceed to act accordingly.





Now in pursuance of the premises the said Lords Spiritual

and Temporal and Commons in Parliament assembled, for the

ratifying, confirming and establishing the said declaration and

the articles, clauses, matters and things therein contained by

the force of law made in due form by authority of Parliament, do

pray that it may be declared and enacted that all and singular

the rights and liberties asserted and claimed in the said

declaration are the true, ancient and indubitable rights and

liberties of the people of this kingdom, and so shall be

esteemed, allowed, adjudged, deemed and taken to be; and that all

and every the particulars aforesaid shall be firmly and strictly

holden and observed as they are expressed in the said

declaration, and all officers and ministers whatsoever shall

serve their Majesties and their successors according to the same

in all time to come.



And the said Lords Spiritual and Temporal and Commons,

seriously considering how it hath pleased Almighty God in his

marvellous providence and merciful goodness to this nation to

provide and preserve their said Majesties' royal persons most

happily to reign over us upon the throne of their ancestors, for

which they render unto him from the bottom of their hearts their

humblest thanks and praises, do truly, firmly, assuredly and in

the sincerity of their hearts think, and do hereby recognize,

acknowledge and declare, that King James the Second having

abdicated the government, and their Majesties having accepted the

crown and royal dignity as aforesaid, their said Majesties did

become, were, are and of right ought to be by the laws of this

realm our sovereign liege lord and lady, king and queen of

England, France and Ireland and the dominions thereunto

belonging, in and to whose princely persons the royal state,

crown and dignity of the said realms with all honours, styles,

titles, regalities, prerogatives, powers, jurisdictions and

authorities to the same belonging and appertaining are most

fully, rightfully and entirely invested and incorporated, united

and annexed.





And for preventing all questions and divisions in this realm

by reason of any pretended titles to the crown, and for

preserving a certainty in the succession thereof, in and upon

which the unity, peace, tranquility and safety of this nation

doth under God wholly consist and depend, the said Lords

Spiritual and Temporal and Commons do beseech their Majesties

that it may be enacted, established and declared, that the crown

and regal government of the said kingdoms and dominions, with all



and singular the premises thereunto belonging and appertaining,

shall be and continue to their said Majesties and the survivor of

them during their lives and the life of the survivor of them, and

that the entire, perfect and full exercise of the regal power and

government be only in and executed by his Majesty in the names of

both their Majesties during their joint lives; and after their

deceases the said crown and premises shall be and remain to the

heirs of the body of her Majesty, and for default of such issue

to her Royal Highness the Princess Anne of Denmark and the heirs

of the body of his said Majesty; and thereunto the said Lords

Spiritual and Temporal and Commons do in the name of all the

people aforesaid most humbly and faithfully submit themselves,

their heirs and posterities for ever, and do faithfully promise

that they will stand to, maintain and defend their said

majesties, and also the limitation and succession of the crown

herein specified and contained, to the utmost of their powers

with their lives and estates against all persons whatsoever that

shall attempt anything to the contrary.



And whereas it hath been found by experience that it is

inconsistent with the safety and welfare of this Protestant

kingdom to be governed by a popish prince, or by any king or

queen marrying a papist, the said Lords Spiritual and Temporal

and Commons do further pray that it may be enacted, that all and

every person and persons that is, are or shall be reconciled to

or shall hold communion with the see or Church of Rome, or shall

profess the popish religion, or shall marry a papist, shall be

excluded and be for ever incapable to inherit, possess or enjoy

the crown and government of this realm and Ireland and the

dominions thereunto belonging or any part of the same, or to

have, use or exercise any regal power, authority or jurisdiction

within the same; and in all and every such case or cases the

people of these realms shall be and are hereby absolved of their

allegiance; and the said crown and government shall from time to

time descend to and be enjoyed by such person or persons being

Protestants as should have inherited and enjoyed the same in case

the said person or persons so reconciled, holding communion or

professing or marrying as aforesaid were naturally dead; and that

every king and queen of this realm who at any time hereafter

shall come to and succeed in the imperial crown of this kingdom

shall on the first day of the meeting of the first Parliament

next after his or her coming to the crown, sitting in his or her

throne in the House of Peers in the presence of the Lords and

Commons therein assembled, or at his or her coronation before

such person or persons who shall administer the coronation oath

to him or her at the time of his or her taking the said oath

(which shall first happen), make, subscribe and audibly repeat

the declaration mentioned in the statute made in the thirtieth

year of the reign of King Charles the Second entitled, "An Act

for the more effectual preserving the king's person and

government by disabling papists from sitting in either House of

Parliament."





But if it shall happen that such king or queen upon his or

her succession to the crown of this realm shall be under the age

of twelve years, then every such king or queen shall make,

subscribe and audibly repeat the same declaration at his or her

coronation or the first day of the meeting of the first

Parliament as aforesaid which shall first happen after such king

or queen shall have attained the said age of twelve years. All

which their Majesties are contented and pleased shall be

declared, enacted and established by authority of this present

Parliament, and shall stand, remain and be the law of this realm

for ever; and the same are by their said Majesties, by and with

the advice and consent of the Lords Spiritual and Temporal and

Commons in Parliament assembled and by the authority of the same,

declared, enacted and established accordingly.



II. And be it further declared and enacted by the authority

aforesaid, that from and after this present session of Parliament

no dispensation by "non obstante" of or to any statute or any

part thereof shall be allowed, but that the same shall be held

void and of no effect, except a dispensation be allowed of in

such statute, and except in such cases as shall be specially

provided for by one or more bill or bills to be passed during

this present session of Parliament.



III. Provided that no charter or grant or pardon granted before

the three and twentieth day of October in the year of our Lord

one thousand six hundred eighty-nine shall be any ways impeached

or invalidated by this Act, but that the same shall be and remain

of the same force and effect in law and no other than as if this

Act had never been made.


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