THE UNITED STATES IS STILL A BRITISH COLONY The Book
(301 pages)
Illuminati III Murdered by The Monarh! THE UNITED STATES IS STIL A BRITISH COLONY EXTORTING TAXES OR THE CRO!N" A DOCU#ENTARY RE$IE! O CHARTERS AND TREATIES A%g%s& 1' 1* 1* http://www.apfn.org/apfn/bcolony.htm
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This is the latest from a man who visits me quite often. He and another man researched my theory that that we have have neve neverr been been free free from from the British British Crown. Crown. This disc disc shows the the resu result lts. s. I have have state stated d that that we will never win in their courts. This shows shows conclusi conclusivel velyy why. why. We have the hard copy of the treaties that are the foo footno tnotes. es. Thi This pred redates ates Schroder's material my research of the !"#! stats by $incoln that put us under under the War %owers %owers confis confiscat cation ion acts acts and &ohn &ohn elson elson's 's materi material. al. (ll our material supports that the real %rincipal the )in* of +n*land still rules this country throu*h the ban,ers and why we own no property property in allodiu allodium. m. This is why why it is so important to start -/ courts of 0od's natural 1common2 $aw and brea, away from all the crap they have handed handed us. us. This is one one reason reason 3ir*inia had a law to han* all lawyers but was somehow by someone 1the )in*2 set aside to let them them oper operat atee a* a*ai ain. n. Some Some *o *ood od people put in the ori*inal !4t amendment so that without the lawyers lawyers the )in* could not continue continue his his stra stran* n*le le hold hold on us. &am &ames shows how that was quashed by the )in*. in*. I am happy appy that hat &am ames es'' research of si5 months bears out my theory that most people would not listen to me that we are still citi6en7sub8ects under the ,in*s of +n*land. 9y article article called :/eality: published in the (merican Bulletin and the article of mine on the
:(to :(toch chaa ca case se: : wher wherei ein n ;lor ;lorid idaa in !<"! used it's soverei*nty under the British crown to try to ta,e away the *old from the wrec, found in ;lorida waters supports this premise. &ames ma,es mention of the $aw dict dictio iona nari ries es bein* bein* +n*l +n*land and's 's $a $aw w =ict. you will see it lists the rei*n of all the )in*s of +n*land>It never mentions the rei*n of the %residents of this country? +ver +ver wonder wonder Why@ 0et this this out to as many people as you can. The Informer.
*ranted *rant ed our our fore forefa fath ther erss lice licens nsee to settle settle and coloni6e coloni6e (merica (merica.. The definition for license is as follows. : In Government Regulation.
The United States is still a British Colony The trouble with history is we weren't there when it too, place and an d it can be chan*ed to fit someoneAs belief and7or traditions or it can be tau*ht in the public schools to favor a poli politi tica call a* a*en enda da an and d with withho hold ld many many facts. facts. I ,now you you have been been tau*ht that we won the /evolutionary War and defeated the British but I can prove to the cont contrar rary. y. I wa want nt you to read read this this paper with an open mind mind and allow allow yourself to be instructed with the followin* verifiable facts. facts. ou be the 8ud*e and don't let prior conclusions on your part or incorrect teachin* ,eep you from the truth. I too was always tau*ht in school and in studyin* our history boo,s that that our our free freedo dom m ca cam me from from the the =ecl =eclar arat atio ion n of Indep Indepen ende denc ncee an and d was secured by our winnin* the /evolu /evolutio tionar naryy War War.. I'm *oin* *oin* to disc discus usss a few few docu docume ment ntss that that are are included at the end of this paper in the footnotes. footnotes. The first document is the first Charter of 3ir*inia in !## 1footnote D!2. In the first para para**ra raph ph the ,in* in* of +n* n*la land nd
Authority to do some act or carry on some some trad tradee or busi busine ness ss,, in its its natu nature re lawf lawful ul but but proh prohib ibit ited ed by statute, except with the permission of the civil author hority or which wou would othe otherrwis wise be unl unlawfu awful l .: .:
Bouvier's $aw =ictionary !
)eep in mind those that came to (merica from +n*land were British sub8ects. So you can better understand what I'm *oin* to tell you here are the definitions for sub8ect and citi6en. : In monarchical governments, by subject is meant one who owes permanent allegiance to the monarch.: Bouvier's $aw
=ictionary !
:Constitutional Law . One that owes allegiance to a sovereign and is governed ned by his laws. he natives of Great !ritain are subjects of the !ritish government. "en in free governments are subje bjects cts as wel well as citi citi#e #ens ns$$ as citi#ens they enjoy rights and franchises$ as subjects they are bound to obey the laws. he term is little used, in this sense, in countries enjoying a republi blican form of government.: Swiss Swiss at. Ins. Co. Co. v.
9iller F#G .S. EF E S. Ct. F!4 F!E #< $.+d. E. Blac,s fifth +d.
I chose chose to *ive the definition definition for sub8 sub8ec ectt firs first t so you you coul could d bett better er understand what definition ion of citi6en is really bein* used in (merican law. Below is the defi defini niti tion on of citi citi6e 6en n from from /oma /oman n law. :he term citi#en was used in Rome to indicate the possession of private civil rights, including those accruing under the Roman family and inheritance law and the Roman contract and property law. All other subjects were peregrines. !ut in the beginning of the %d century the distinction was abol abolis ishe hed d and and all all subj subjec ects ts were were citi citi#e #ens ns$$ & sel. sel. 'ssa 'ssays ys in Angl Anglo( o( Amer. ). *. +-.: Bouvier's Bouvier's $aw
=ictionary !
The ,in* was ma,in* a comme commercia rciall ventu venture re when when he sent sent his sub8ects to (merica and used his mone mo neyy an and d reso resour urce cess to do so. so. I thin, you would admit the ,in* had a lawful ri*ht to receive *ain and pros prospe perr from from his vent ventur ure. e. In the the 3ir*inia Charter he declares his soverei*nty over the land and his sub8 sub8ec ects ts and in par para* a*ra rap ph < he declares the amount of *old silver and copper he is to receive if any is found found by his sub8ects. sub8ects. There could could have 8ust as easily been none or his sub8ects could have been ,illed by the Indians. This is why this was a valid ri*ht of the ,in* 1 ure /oronae :In right of the crow n: n: Blac,'s forth +d.2
the the ,in* ,in* e5pe e5pend nded ed his his reso resour urce cess with the ris, of total total loss. If you'll notice in para*raph < the ,in* declares that all his heirs and successors were to also receive the same same am amou ount nt of *o *old ld silv silver er an and d copp copper er that that he clai claim med with with this this Charter. Charter. The *old *old that remained remained in the colonies colonies was was also the ,in*s. ,in*s. He provided the remainder as a benefit for his sub8ects which amounted to further use of his capital. ou will will see in this this paper that that not only is this valid but it is still in effect today. If you will read the rest of the 3ir*inia Charter you will see that the ,in* declared the ri*ht and e5erc 5erciised sed the pow power to re* re*ulat ulatee every aspect of commerce in his new colony. colony. ( license license had to be *ranted *ranted for travel connected with transfer of *oods 1commerce2 ri*ht down to the furniture they sat on. ( *reat deal of the the ,in* ,in*'s 's decl declar ared ed prop proper erty ty wa wass ceded to (merica in the Treaty of !G"4. !G"4. I want you you to stay focus focused ed on the money and the commerce which was not ceded to to (merica. This brin*s us to the =eclaration of Independe Independence. nce. -ur freedom freedom was declared because the ,in* did not fulfill his end of the covenant between ,in* and sub8ect. The main comp compla lain intt wa wass ta5a ta5ati tion on with withou outt representation which was reaffirmed in the early !## Charter *rant *r anted ed by the ,in*. ,in*. It was not not a revolt revolt over bein* sub8ect sub8ect to the ,in*
of +n*land most wanted the protection and benefits provided by the ,in*. Because of the ,in*s refusal to hear their heir deman emand ds an and d *ra rant nt reli relieef sepa separa rati tion on from from +n*l +n*lan and d beca became me the the less lesser er of two two evil evils. s. The The cry cry of free freedo dom m an and d self self dete determ rmin inat atio ion n became the rallyin* cry for the coloni colonist. st. The slo*an slo*an :=on't :=on't Tread -n 9e: was the standard borne by the militias. The The /ev /evolut olutio iona nary ry War was fou*ht and concluded when Cornwallis surrendered to Washin*ton at or,town. (s (mericans we have been tau*ht that we defeated the ,in* and won our freedom. freedom. The ne5t docum document ent I will use is the Treaty of !G"4 which will tota totall llyy cont contra radi dict ct our our havi havin* n* won won the the /evo /evolu luti tion onary ary Wa War. r. 1foo 1footn tnot otee F2. I want you to notice in the first para para*r *rap aph h that that the the ,in* ,in* refe refers rs to himself as prince of the Holy /oman +mpi +mpire re an and d of the the nit nited ed Stat States. es. ou ,now from this that the nited States did not ne*otiate this Treaty of peace in a position of stren*th and victory but it is obvious that Ben8 Ben8am amin in ;r ;ran, an,li lin n &ohn &ohn &ay &ay and &ohn (dams ne*otiated a Treaty of further *ranted privile*es from the ,in* of +n*lan +n*land. d. )eep this this in mind as you study study these docume documents. nts. ou also need to understand the players of those that ne*otiated this Treaty. ;or the (mericans it was Ben8amin ;ran,lin +s*r. a *reat patriot and
standard bearer of freedom. -r was he@ His title includes Esquire.
(n +squ +squir iree in in the the abo above ve usa* usa*ee was a *ranted ran, and Title of nobility by the ,in* which is below )ni*ht and above a yeoman common man an.. (n +squire ire is someone that does not do manual labor as si*nified by this status see the below definitions. : 's0uires by virtue of their offices$ offices$ as justices of the peace, and others who bear any office of trust unde underr the the crow crown. n... ...f .for or whos whosev ever er studieth the laws of the realm, who stud studie ieth th in the the univ univer ersi siti ties es,, who who professeth the liberal sciences, and who who can can live ive idly, dly, and and witho thout manual labor, and will bear the port, port, charge charge,, and count countena enance nce of a gentleman, he shall be called mast master er,, and and shal shalll be ta1e ta1en n for for a gentleman.: Blac,stone
Commentaries p. #!#F
:Esquire In +n* n*li lish sh $aw $aw. A title of dignity next above gentleman, gentleman, and and below below 1night. 1night. Also a titl titlee of offi office ce give given n to sher sherif iffs fs,, serj serjea eant nts, s, and and barr barris iste ters rs at law, law, justices of the peace, and others.:
Blac,s $aw =ictionary fourth ed. p. #E!
Ben8amin ;ran,lin &ohn (dams and &ohn &ay as you can read in the Treaty were all +squires and were the si*ners of this Treaty and the only ne*otiat ne*otiators ors of the Treaty. Treaty. The
representative of the ,in* was =avid Hartley +sqr.. Ben8amin ;ran,lin was the main ne*otiator for the terms of the Treaty he spent most of the War tra rave vellin* in* betw etween een +n* n*la land nd an and d ;rance. The use use of +squire declared his and the others British sub8ection and loyalty to the crown. In the first article of the Treaty most of the ,in*s claims to (merica are relinqu nquished e5cept for his claim claim to cont continu inuee rece receiv ivin* in* *o *old ld sil silver ver an and d copp copper er as *a *ain in for for his his business venture.
=ecl =eclar arat atio ion n of Inde Indepe pend nden ence ce and the /evolu /evolutio tionar naryy War War@@ If we had won the /evolutionary War the ,in* *rantin* us our land would not be necessary it would have been ours by his loss of the /evolutionary War. To not dictate the terms of a peace treaty in a position of stren*th after winnin* a warJ means the war was never won. Thin, of other wars we have won such as when we defeated &apan. =id 9c(rther allow &apan to dictate to him the terms terms for surrende surrender@ r@ o way? (ll these men did did is *ain status and an d priv privil ile* e*ee *r *ran ante ted d by the the ,in* ,in* and insure the sub8ection of future unaware *enerations.
(rticle 4 *ives (mericans the ri*ht to fish the waters around the nited States and its rivers. In article E the nited States a*reed to pay all bona fide debts.
Worst of all they sold out those that *ave their lives and property for the chance to be free.
If you will read my other papers on money you will understand that the fina financ ncie iers rs were were wor, wor,in* in* with with the the ,in* ,in*.. Why Why else else woul would d he protec protectt their interest with this Treaty@
When Cornwallis surrendered to Washin*ton he surrendered the battle not the war. /ead the (rticle of Capitulation si*ned by Cornwallis at or,town 1footnote 42
I wonder if you have seen the main ain an and d obvi obviou ouss poin point@ t@ This This Treaty was si*ned in !G"4 the war was over in !G"!. If the nited States defeated +n*land how is the ,in* ,in* *r *ran anti tin* n* ri*h ri*hts ts to (mer (meric ica a when we were now his equal in statu status@ s@ We suppos supposedl edlyy defeat defeated ed him in the /evolu /evolutio tionar naryy War? So why would these supposed patriot (mericans si*n such a Treaty when they ,new that this would void any soverei*nty *ained by the
&onat &onathan han Willia Williams ms record recorded ed in his his boo, boo, $e*i $e*ion onss of Sata Satan n !G"! !G"! that Cornwallis revealed to Washin*ton durin* his surrender holy war will now begin begin on that :a holy America, and when it is ended America will be supposedly supposedly the citadel of freedom, but her millions will un1nowingly be loyal subjects to the /rown.:....:in less than two
hundred years the whole nation will be wor,in* for divine world *overnment. That *overnment that
they believe to be divine will be the British +mpire.: (ll the Treaty did was remove the nited States as a liability and obli*ation of the ,in*. He no lon*er had to ship material and money to support his sub8ects and colonies. (t the same time he retained financial sub8ection throu*h debt owed after the Treaty which is still bein* created todayJ millions of dollars a day. (nd his heirs and successors are still reapin* the benefit of the ,in*s ori*inal venture. If you will read the followin* quote from Title F# you will see 8ust one situation where the ,in* is still collectin* a ta5 from those that receive a benefit from him on property which is purchased with the money the ,in* supplies at almost the same percenta*eK CIT+ F# SC Sec. !E
1F2 the sum of 1(2 the ad8usted basis 1for determinin* *ain2 of such property in the hands of the transferor plus 1B2 the amount of the *ain reco*ni6ed to the transferor at the time of the transfer. S-/C+ 1(u*. !# !<E ch. G4# #"( Stat. 4#J -ct. E !
Section G!1u21!E21C2 of %ub. $. <# provided thatK 'The amendments made by this para*raph 1amendin* this section and section !E
EFFECTIVE DTE !F "#$( &E'D&E'T
Section !!1d2 of %ub. $.
of this speech pointin* to the
continuance of the (merican war was echoed bac, by a ma8ority of both $ords and Commons. In a few days after 1=ec. !F2 it was moved in the House of Commons that a resolution should be adopted declarin* it to be their opinion :hat all farther attempts to reduce the Americans to obedience by force would be ineffectual, and injurious to the true interests of Great !ritain.2 The rest
of the debate can be found in 1footnote E2. What were the true interests of the ,in*@ The *old silver and copper. The new war was to be fou*ht without (mericans bein* aware that a war was even bein* wa*ed it was to be fou*ht by subterfu*e and ,ey personnel bein* placed in ,ey positions. The first two parts of : Country Defeated In Victory): *o into detail about how this was done and e5poses some of the main players. +very time you pay a ta5 you are transferrin* your labor to the ,in* and his heirs and successors are still receivin* interest from the ori*inal (merican Charters. The followin* is the definition of tri*ute +ta,-. 2A 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.: Blac,s $aw =ictionary forth
ed. p. !#GG
(s further evidence not that any is needed a percenta*e of ta5es that are paid are to enrich the ,in*7queen of +n*land. ;or those that study Title F# you will reco*ni6e I9; which means Individual 9aster ;ile all ta5 payers have one. To read one you have to be able to brea, their codes usin* file #F< which is about E#G pa*es. -n your I9; you will find a bloc,in* series which tells you what type of ta5 you are payin*. ou will probably find a 44<< bloc,in* series which #F< says is reserved. ou then loo, up the B9; 44<< which is the Business 9aster ;ile in #F<. ou would have seen prior to !<
=epartment of Treasury $ist of (ctive Information Collections (pproved nder %aperwor, /eduction (ct you will find this form under -9B number !E <F which says .S. withholdin* ta5return for dispositions by forei*n persons of .S. real property interestsstatement of withholdin* on dispositions by forei*n persons of .S. ;orm D"F"" D"F""a These codes have since been chan*ed to read as followsJ I9; 44< Barred (ssement C% *enerated valid for 9;T4 which is the code for !E form. I9; 4! 4<< reserved the B9; 44< reads the same as I9; 44<. B9; 4<4<< reads .S.7.). Ta5 Treaty Claims. The lon* and short of it is nothin* chan*ed the *overnment 8ust made it plainer the !E is the payment of a forei*n ta5 to the ,in*7queen of +n*land. We have been in financial servitude since the Treaty of !G"4. (nother Treaty between +n*land and the nited States was &ay's Treaty of !G
This is !4 years after (merica supposedly won the /evolutionary War. I *uess someone for*ot to tell the ,in* of +n*land. In (rticle # the ,in* is still dictatin* terms to the nited States concernin* the collection of debt and dama*es the British *overnment and World Ban,ers claimed we owe. In (rticle !F we find the ,in* dictatin* terms a*ain this time concernin* where and with who the nited States could trade. In (rticle !" the nited States a*rees to a wide variety of material that would be sub8ect to confiscation if Britain found said material *oin* to its enemies ports. Who won the /evolutionary War@ That's ri*ht we were conned by some of our early fore fathers into believin* that we are free and soverei*n people when in fact we had the same status as before the /evolutionary War. I say had because our status is far worse now than then. I'll e5plain. +arly on in our history the ,in* was satisfied with the interest made by the Ban, of the nited States. But when the Ban, Charter was canceled in !"!! it was time to *ain control of the *overnment in order to shape *overnment policy and public policy. Have you never as,ed yourself why the British after burnin* the White House and all our early records durin* the War of !"!F left and did not ta,e over the *overnment. The
reason they did was to remove the *reatest barrier to their plans for this country. That barrier was the newly adopted !4th (mendment to the nited States Constitution. The purpose for this (mendment was to stop anyone from servin* in the *overnment who was receivin* a Title of nobility or honor. It was and is obvious that these *overnment employees would be loyal to the *ranter of the Title of nobility or honor. The War of !"!F served several purposes. It delayed the passa*e of the !4th (mendment by 3ir*inia allowed the British to destroy the evidence of the first !F states ratification of this (mendment and it increased the national debt which would coerce the Con*ress to reestablish the Ban, Charter in !"!# after the Treaty of 0hent was ratified by the Senate in !"!. Forgotten 1end1ent
The (rticles of Confederation (rticle 3I statesK :nor shall the united States in Con*ress assembled or any of them *rant any Title of nobility.: The Constitution for the united States in (rticle I Section < clause " statesK :o Title of nobility shall be *ranted by the united StatesJ and no %erson holdin* any -ffice or %rofit or Trust under them shall without the Consent of the Con*ress accept of any present +molument -ffice or Title of any
,ind whatever from any )in* %rince or forei*n State.:
holding any office of trust or profit under them, or either of them .:
(lso Section ! clause ! states :o State shall enter into any Treaty (lliance or ConfederationJ *rant $etters of 9arque or /eprisalJ coin 9oneyJ emit Bills of CreditJ ma,e any Thin* but 0old and silver Coin a Tender in %ayment of =ebtsJ pass any Bill of (ttainder e5 post facto of $aw impairin* the -bli*ation of Contracts or *rant any Title of nobility.:
;rom (n :(merican =ictionary of the +n*lish $an*ua*e !st +dition: oah Webster 1!"F"2 defines no*ility asK :4. he 0ualities which
There was however no measurable penalty for violation of the above Sections Con*ress saw this as a *reat threat to the freedom of (mericans and our /epublican form of *overnment. In &anuary !"! Senator /eed proposed the Thirteenth (mendment and on (pril F# !"! was passed by the Senate F# to ! 1!stFnd session p. #G2 and by the House "G to 4 on 9ay ! !"! 1Fnd session p. F2 and submitted to the seventeen states for ratification. The (mendment reads as followsK : If any citi#en of the 3nited 4tates shall Accept, claim, receive or retain any title of nobility or honor, or shall, without the consent of /ongress, accept and retain any present, pension, office or emolument of any 1ind whatever, from any emperor, 1ing, prince or foreign power, such person shall cease to be a citi#en of the 3nited 4tates, and shall be incapable of
constitute distinction of ran1 in civil society, according to the customs or laws of the country$ that eminence or dignity which a man derives from birth or title conferred, and which places him in an order above common men.:J and :E. he persons collectively who enjoy ran1 above commoners$ the peerage.:
The forementioned Sections in the Constitution for the united States and the above proposed Thirteenth (mendment sou*ht to prohibit the above definition which would *ive any advanta*e or privile*e to some citi6ens an unequal opportunity to achieve or e5ercise political power. Thirteen of the seventeen states listed below understood the importance of this (mendment. Date d1itted
Thirteen Colonies
Date "2th 3atified or not
!G"" !G
9aryland )entuc,y -hio =elaware %ennsylvania ew &ersey 3ermont Tennessee 0eor*ia orth Carolina 9assachusetts ew Hampshire @
=ec. F !"! &an. 4! !"!! &an. 4! !"!! ;eb. F !"!! ;eb. # !"!! ;eb. !4 !"!! -ct. FE !"!! ov. F! !"!! =ec. !4 !"!! =ec. F4 !"!! ;eb. FG !"!F =ec. ! !"!F
!G"" !G"" !G"" !G"" !G<
3ir*inia @ ew or, @ Connecticut @ South Carolina @ /hode Island @
9arch !F !"!< 9arch !F !"!! 9ay !"!4 =ecember G !"!4 September ! !"!E
-n 9arch ! !"!< the 3ir*inia le*islature passed (ct o. F" 13ir*inia (rchives of /ichmond :misc.: file p. F<< for micro film2K : !e it enacted by the General Assembly, that there shall be published an edition of the laws of this /ommonwealth in which shall be contained the following matters, that is to say5 the /onstitution of the united 4tates and the amendments thereto...:
The official day of ratification was 9arch !F !"!< this was the date of republication of the 3ir*inia Civil Code. 3ir*inia ordered E copies almost triple their usual order. Word of 3ir*inia's !"!< ratification spread throu*hout the states and both /hode Island and )entuc,y published the new (mendment in !"FF. -hio published the new (mendment in !"FE. 9aine ordered ! copies of the Constitution with the new (mendment to be printed for use in the public schools and a*ain in !"4! for their Census +dition. Indiana published the new (mendment in the Indiana /evised $aws of !"4! on %. F. The orthwest Territories published the new (mendment in !"44J -hio published the new (mendment a*ain in !"4! and in !"44.
Connecticut one of the states that voted a*ainst the new (mendment published the new (mendment in !"4. Wisconsin Territory published the new (mendment in !"4
3nited 4tates ceases to enjoy that character, and becomes incapable of holding any office of trust or profit under the 3nited 4tates or either of them... .6.A.
By virtue of these titles and honors and special privile*es lawyers have assumed political and economic advanta*es over the ma8ority of citi6ens. ( ma8ority may vote but only a minority 1lawyers2 may run for political office. (fter the War of !"!F was concluded the Treaty of 0hent was si*ned and ratified 1footnote #2. In (rticle E of the Treaty the nited States *ained what was already *iven in the Treaty of %aris !G"4 namely islands off the .S. Coast. (lso two men were to be *iven the power to decide the borders and disa*reements if they could not the power was to be *iven to an outside soverei*n power and their decision was final and considered conclusive. In (rticle < it is admitted there are citi6ens and sub8ects in (merica. (s you have seen the two terms are interchan*eable synonymous. In (rticle ! you will see where the idea for the overthrow of this country came from and on what issue. The issue raised by +n*land was slavery and it was nurtured by the ,in*'s emissaries behind the scenes. This would finally lead to the Civil War even thou*h the Supreme Court had declared the states and their citi6ens property ri*hts could not be infrin*ed on by
the nited States *overnment or Con*ress. This was further declared by the followin* %residential quotes where they declared to violate the states ri*hts would violate the .S. Constitution. (lso history shows that slavery would not have e5isted much lon*er in the Southern states public sentiment was chan*in* and slavery was quic,ly disappearin*. The Civil War was about destroyin* property ri*hts and the .S. Constitution which supported these ri*hts. /ead the followin* quotes of %residents 8ust before the Civil WarK 2I believe that involuntary servitude, as it exists in different 4tates of this /onfederacy, is recogni#ed by the /onstitution. I believe that it stands li1e any other admitted right, and that the 4tates were it exists are entitled to efficient remedies to enforce the constitutional provisions.2 ;ran,lin
%ierce Inau*ural (ddress 9arch E !"4 9essa*es and %apers of the %residents vol. . :he whole erritorial 0uestion
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. 7o other 0uestion remains for adjustment, because all agree that under the /onstitution slavery in the 4tates is beyond the reach of any human power except that of the respective 4tates themselves wherein it exists.: &ames Buchanan
Inau*ural (ddress 9arch E !"G
9essa*es and %apers %residents vol. .
of
the
: I cordially congratulate you upon the final settlement by the 4upreme /ourt of the 3nited 4tates of the 0uestion of slavery in the erritories, which had presented an aspect so truly formidable at the commencement of my Administration. he right has been established of every citi#en to ta1e his property of any 1ind, including slaves, into the common erritories belonging e0ually to all the 4tates of the /onfederacy, and to have it protected there under the 8ederal /onstitution. 7either /ongress nor a erritorial legislature nor any human power has any authority to annul or impair this vested right. he 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 4tates.:
property. -ur 0od *iven ri*ht to own property in allodial was ta,en away by conquest of the Civil War. If you are free this ri*ht cannot be ta,en away. The opposite of free is slave or sub8ect we were allowed to believe we were free for about G years. Then the ,in* said enou*h and had the slavery issue pushed to the front by the northern press which so formed northern public opinion that they were willin* to send their sons to die in the Civil War.
So there is no misunderstandin* I am not rear*uin* slavery.
The southern States were not fi*htin* so much for the slave issue but for the ri*ht to own property any property. These property ri*hts were *ranted by the ,in* in the Treaty of !G"4 ,nowin* they would soon be forfeited by the (merican people throu*h i*norance. =o you thin, you own your house@ If you were to stop payin* ta5es federal or state you would soon find out that you were 8ust bein* allowed to live and pay rent for this house. The rent bein* the ta5es to the ,in* who supplied the benefit of commerce. ( free man not under a monarch democracy dictatorship or socialist *overnment but is under a republican form of *overnment would not and could not have his property ta,en. Why?
Slavery is morally wron* and contrary to 0od (lmi*hty's $aw. In this divisive issue the true attac, was on our natural ri*hts and on the Constitution. The core of the attac, was on our ri*ht to possess allodial
The ,in*'s ta5 would not and could not be levied. If the (mericans had been payin* attention the first G years to the subterfu*e and corruption of the Constitution and *overnment representatives instead
&ames Buchanan Third (nnual 9essa*e =ecember !< !"< 9essa*es and %apers of the %residents vol. .
of chasin* the money supplied by the ,in* the Conquest of this country durin* the Civil War could have been avoided. 0eor*e Washin*ton had vision durin* the /evolutionary War concernin* the Civil War. ou need to read it. footnote G Ci4il 5ar and The Conquest that followed
The *overnment and press propa*anda that the War was to free the blac, people from slavery is ridiculous once you understand the Civil War Thirteenth and ;ourteenth (mendments. The blac, people are 8ust as much slaves today as before the Civil War 8ust as the white people are and also we find ourselves sub8ects of the ,in*7queen of +n*land. The only thin* that chan*ed for blac, people is they chan*ed masters and were *ranted a few ri*hts which I mi*ht add can be ta,en away anytime the *overnment chooses. Since the !<4's the blac, people have been paid reparations to buy off their silence in other words ,eep the slaves on the plantation wor,in*. I do not say this to shoc, or come across as pre8udiced because I'm not. Here's what /ussell 9eans said for those that don't remember who he is he was the father in the movie called :$ast -f The 9ohicians:. /ussell 9eans said : until the white man is free we will never be free: the we he is referrin* to are the Indians. There has never been a truer statement however the problem is
the white people are not aware of their enslavement. (t the ris, of bein* redundantJ to set the record strai*ht because $ord only ,nows what will be said about what I 8ust said re*ardin* blac, people I believe that if you are born in this country you are equal period. ;or*et the empty promises of civil ri*hts what about you unalienable natural ri*hts under 0od (lmi*hty. (ll (mericans are feudal tenants on the land allowed to rent the property they live on as lon* as the ,in* *ets his cut. What about selfdetermination or bein* able to own allodial title to property which means the ,in* cannot ta,e your property for failure to pay a ta5. Which means you did not own it to be*in with. The ,in* allows you to use the material *oods and land. (*ain this is financial servitude. :he ultimate ownership of all property is in the state$ individual so(called 9ownership: 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 4tate.: Senate =ocument o.
E4 :Contracts payable in 0old: written in !<44. The ,in* controlled the *overnment by the time the orth won the Civil War throu*h the use of lawyers that called the shots
behind the scenes 8ust as they do now and well placed sub8ects in the nited States *overnment. This would not have been possible if not for +n*land destroyin* our documents in !"!F and the coverin* up of state documents of the ori*inal !4th (mendment. (ccordin* to International law what too, place when the orth conquered the South@ ;irst you have to understand the word :conquest: in international law. When you conquer a state you acquire the landJ and those that were sub8ect to the conquered state then become sub8ect to the conquers. The laws of the conquered state remain in force until the conquerin* state wishes to chan*e all or part of them. (t the time of conquest the laws of the conquered state are sub8ect to chan*e or removal which means the law no lon*er lies with the (merican people throu*h the Constitution but lies with the new soverei*n. The Constitution no lon*er carries any power of its own but drives its power from the new soverei*n the conqueror. The reason for this is the Constitution derived its power from the people when they were defeated so was the Constitution. The followin* is the definition of Conquest6
:he
ac0uisition of the sovereignty of a country by force of arms, exercised by an independent power which reduces the
van0uished to submission to its empire.:
:he intention of the con0ueror to retain the con0uered territory is generally manifested by formal proclamation of annexation, and when this is combined with a recogni#ed ability to retain the con0uered territory, the transfer of sovereignty is complete. A treaty of peace based upon the principle of uti possidetis ;0.v.< is formal recognition of con0uest .:
:he effects of con0uest are to confer upon the con0uering state the public property of the con0uered state, and to invest the former with the rights and obligations of the latter$ treaties entered into by the con0uered state with other states remain binding upon the annexing state, and the debts of the extinct state must be ta1en over by it. /on0uest li1ewise invests the con0uering state with sovereignty over the subjects of the con0uered state. Among subjects of the con0uered state are to be included persons domiciled in the con0uered territory who remain there after the annexation. he people of the con0uered state change their allegiance but not their relations to one another.: $eitensdorfer v.
Webb F How. 1.S.2 !G# ! $. +d. "
municipal laws of the territory continue in force until abrogated by the new sovereign.: (merican Ins.
Co. v. Canter ! %et. 1.S.2 !! G $. +d. FEF. Conquest In international $aw. Bouvier's $aw =ictionary
What happened after the Civil War@ =id not .S. troops force the southern states to accept the ;ourteenth (mendment@ The laws of (merica the Constitution were chan*ed by the conquerin* *overnment. Why@ The main part I want you to see as I said at the be*innin* of this paper is watch the money and the commerce. The ;ourteenth (mendment says the *overnment debt can not be questioned. Why@ Because now the ,in* wants all the *old silver and copper and the land. Which can easily be done by increasin* the *overnment debt and ma,in* the (merican people sureties for the debt. This has been done by the slei*ht of hand of lawyers and the ban,ers. The conquerin* state is ,nown as a Belli*erent read the followin* quotes. Belligerency) is International Law
:he status of de facto statehood attributed to a body of insurgents, by which their hostilities are legali#ed. !efore they can be recogni#ed as belligerents they must have some sort of political
organi#ation and be carrying on what is international law is regarded as legal war. here must be an armed struggle between two political bodies, each of which exercises de facto authority over persons within a determined territory, and commands an army which is prepared to observe the ordinary laws of war. It is not enough that the insurgents have an army$ they must have an organi#ed civil authority directing the army.2 2he exact point at which revolt or insurrection becomes belligerency is often extremely difficult to determine$ and belligerents are not usually recogni#ed 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 citi#ens...One of the most serious results of recogni#ing belligerency is that it frees the parent country from all responsibility for what ta1es place within the insurgent lined$ =ana:s >heaton, note &+, page %+ .:
Bouvier's $aw =ictionary Belligerent) Law.
In
International
: As adj. and noun. 'ngaged in lawful war$ a state so engaged.
In plural. A body of insurgents who by reason of their temporary organi#ed 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$ ? *. /. &@, arts, &, B .:
Bouvier's $aw =ictionary
(ccordin* to the International law no law has been bro,en. /ead the followin* about military occupation notice the third para*raph. (fter the Civil War title to the land had not been completed to the conquers but after !<44 it was. I will address this in a moment. In the last para*raph it says the CommanderinChief *overns the conquered state. The proof that this is the case today is the .S. flies the nited States fla* with a yellow frin*e on three sides. (ccordin* to the nited States Code Title E Sec. ! the .S. fla* does not have a frin*e on it. The difference bein* one is a Constitutional fla* and the frin*ed fla* is a military fla*. The military fla* means you are in a military occupation and are *overned by the Commanderin Chief in his e5ecutive capacity not under any Constitutional authority. /ead the followin*. &ilitary !ccu7ation
:his at most gives the invader certain partial and limited rights of sovereignty. 3ntil con0uest, the sovereign rights of the original owner remain intact. /on0uest gives the con0ueror full rights of sovereignty and, retroactively, legali#es all acts done by him during military occupation. Its only essential is actual and exclusive possession, which must be effective.:
: A con0ueror may exercise governmental authority, but only when in actual possession of the enemy:s country$ and this will be exercised upon principles of international lawJ 9ac$eod v. .S.
FF< .S. E!# 44 Sup. Ct < G $. +d. !F#.:
:he occupant administers the government and may, strictly spea1ing, change the municipal law, but it is considered the duty of the occupant to ma1e as few changes in the ordinary administration of the laws as possible, though he may proclaim martial law if necessary. *e may occupy public land and buildings$ he cannot alienate them so as to pass a good title, but a subse0uent con0uest would probably complete the title...2
: Crivate lands and houses are usually exempt. Crivate movable property is exempt, though subject to contributions and re0uisitions. he former are payments of money, to be levied only by the
commander(in(chief..."ilitary necessity may re0uire the destruction of private property, and hostile acts of communities or individuals may be punished in the same way. Croperty may be liable to sei#ure as booty on the field of battle, or when a town refuses to capitulate and is carried by assault. >hen military occupation ceases, the state of things which existed previously is restored under the fiction of postliminium ;0.v.<2
:erritory ac0uired by war must, necessarily, be governed, in the first instance, by military power under the direction of the president, as commander(in(chief. /ivil 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 ta1e effect either by the action of the treaty( ma1ing power, or by that of congress. 4o long as congress has not incorporated the territory into the 3nited 4tates, neither military occupation nor cession by treaty ma1es it domestic territory, in the sense of the revenue laws. /ongress may establish a temporary government, which is not subject to all the restrictions of the constitution. =ownes v. !idwell, &-B 3.4. B??, B& 4up /t. , ?+ ). 'd. &--, per Gray, ., concurring in the opinion of the court .:
Bouvier's $aw =ictionary
%ara*raph !4 of the definition of 9ilitary -ccupation describes what too, place durin* and after the Civil War. What too, place durin* the Civil War and %ost Civil War has been le*al under international law. ou should notice in para*raph 4 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 ne5t Conquest@ !<44 when the (merican people were alienated by our bein* declared enemies of the Conquerer and by their declarin* war a*ainst all (mericans. /ead the followin* quotes and also 1footnote "2. The followin* are e5cerpts from the Senate /eport <4rd Con*ress ovember !< !
A majority of the people of the 3nited 4tates have lived all of their lives under emergency rule. 8or ? years, freedoms and governmental procedures guaranteed by the /onstitution have, in varying degrees, been abridged by laws brought into force by states of national emergency....from, at least, the /ivil >ar in important ways shaped the present phenomenon of a permanent state of national emergency. In itle &B, in section @+b you:ll find the following codification of the emergency war powers5 he actions, regulations, rules, licenses, orders and proclamations heretofore or hereafter ta1en, promulgated, made, or issued by the Cresident of the 3nited 4tates or the 4ecretary of the reasury since "arch ?, &@%%, pursuant to the authority conferred by subsection ;b< of section + of the Act of October D, &@&, as amended ;&B 34/4, @+a<, are hereby approved and confirmed. 19arch < !<44 c. !
Title ! ! E" Stat. !2
It is clear that the Ban,rupt defacto *overnment of the united States which is operatin* under the War %owers (ct and +5ecutive -rdersJ not the Constitution for the united States has in effect issued under its (dmiralty $aw $etters of 9arque 1piracy2 to its private a*encies I/S (T; ;BI and =+( with further enforcement by its officers in the Courts local police
and sheriffs wa*ed war a*ainst the (merican %eople and has classed (mericans as enemy aliens. The followin* definition is from B-3I+/'S $(W =ICTI-(/ 1%. !<4E2 of $etters of 9arque it saysK : A commission granted by the government to a private individual, to ta1e the property of a foreign state, or of the citi#ens or subjects of such state, as a reparation for an injury committed by such state, its citi#ens or subjects. he pri#es 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 attac1 by an enemy, is also called a letter of mar0ue.2 5ords and 8hrases) Dictionary
By the law of nations an ene1y is defined to be : one with whom a nations at open war.: When the soverei*n ruler of a state declares war a*ainst another soverei*n it is understood the whole nation declares war a*ainst that other nation. (ll the sub8ects of one are enemies to all the sub8ects of the other and durin* the e5istence of the war they continue enemies in whatever country they may happen to be :and all persons residin* within the territory occupied by the belli*erents althou*h they are in fact forei*ners are liable to be treated as enemies.: 0rinnan v. +dwards F! W.3a. 4EG 4G quotin* 3att. $aw.at.b,. 4 c. #<G!
So we find ourselves enemies in our own country and sub8ects of a ,in* that has conquered our land with heavy ta5ation and no possibility of fair representation. The *overnment has throu*h the laws of forfeiture ta,en pri6e and booty for the ,in*J under the (dmiralty $aw and +5ecutive powers as declared by the $aw of the ;la*. one of which could have been done with the built in protection contained in the true Thirteenth (mendment which has been ,ept from the (merican %eople. The fraudulent (mendments and le*islation that followed the Civil War ban,rupted the (merican %eople and put the privateers 1ban,sters2 in power and enforced by the promise of pri6e and booty to their partners in crime 1*overnment2. The followin* is the definition of a tyrant. Webster's ew niversal nabrid*ed =ictionary defines tyrant as followsK 2&. An absolute ruler$ one who sei#ed sovereignty illegally$ a usurper. B. a cruel oppressive ruler$ a despot. %. one who exercises his authority in an oppressive manner, a cruel master.2
:>hen I see that the right and means of absolute command are
conferred on a people or upon a 1ing, upon an aristocracy or a democracy, a monarchy or republic, I recogni#e the germ of tyranny, and I journey onwards to a land of more helpful institutions.2
(le5is de Tocqueville ! =+9-C/(C I (9+/IC( at F N(rlin*ton House 1!<#2O. So we pic, up with para*raph E which describes the ta5ation under 9ilitary -ccupation and that you are under +5ecutive control and are bound under admiralty law by the contracts we enter includin* silent contracts and by 9ilitary -ccupation. otice the last sentence in para*raph Con*ress may establish a temporary *overnment which is not sub8ect to all the restrictions of the Constitution. See also Harvard $aw /eview the Insular Cases. This means you do not have a Constitutional *overnment you have a military dictatorship controlled by the %resident as CommanderinChief. What is another way you can chec, out what I am tellin* you@ /ead the followin* quotes. 2...EFhe 3nited 4tates may ac0uire territory by con0uest or by treaty, and may govern it through the exercise of the power of /ongress conferred by 4ection % of Article I of the /onstitution...
In exercising this power, /ongress is not subject to the same constitutional limitations, as when it is legislating for the 3nited 4tates. ...And in general the guaranties of the /onstitution, save as they are limitations upon the exercise of executive and legislative power when exerted for or over our insular possessions, extend to them only as /ongress, in the exercise of its legislative power over territory belonging to the 3nited 4tates, has made those guarantees applicab le.:
NHooven P (llison P Co. vs +vatt 4FE .S. #F 1!
indeed, it found expression in arguments at the bar that we have in this country substantially or practically two national governments$ one to be maintained under the /onstitution, with all its restrictions$ the other to be maintained by /ongress outside and independently of that instrument, by exercising such powers as other nations of the earth are accustomed to exercise. I ta1e 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. >e 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. 7o higher duty rests upon this court than to exert its full authority to prevent all violation of the principles of the constituti on.:
N=ownes vs Bidwell !"F .S. FEE 1!<!2O &ilitary Flag
(nd to further confirm and understand the si*nificance of what I have told you you need to understand the frin*e on the nited States fla*. /ead the followin*. ;irst the appearance of our fla* is defined in Title E sec. !. .S.C.. :he flag of the 3nited 4tates shall be thirteen hori#ontal stripes, alternate red and white$ and the union of the flag shall be forty(eight stars, white in a blue field .: 1my
note of course when new states are admitted new stars are added.2
( foot note was added on pa*e !!!4 of the same section which saysK : Clacing 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 Cresident as commander(in( chief of the Army and 7avy .: !
4E -p.(tty.0en. E"4.
The president as military commander can add a yellow frin*e to our fla*. When would this be done@ =urin* time of war. Why@ ( fla* with a frin*e is an ensi*n a military fla*. /ead the followin*. : Cursuant to 3.4./. /hapter &, B, and %$ 'xecutive Order 7o. &-%?, August B&, &@+@, B? 8.R. D-D+, a military flag is a flag that resembles the regular flag of the 3nited 4tates, except that it has a H'))O> 8RI7G', bordered on three sides. he Cresident of the 3nited states designates this deviation from the regular flag, by executive order, and in his capacity as /O""A7='R(I7(/*I'8 of the Armed forces.:
;rom the ational +ncyclopedia 3olume EK : 8lag, an emblem of a nation$ usually made of cloth and flown from a staff. 8rom a military standpoint flags are of two general classes, those flown from stationary masts over army posts, and those carried by troops in formation. he former are referred to by the general name flags. he latter are called colors when carried by dismounted troops. /olors and 4tandards are more nearly s0uare than flags and are made of sil1 with a 1notted 8ringe of Hellow on three sides...use of the flag. he most general and appropriate use of the flag is as a symbol of authority and power.2
2...he agency of the master is devolved upon him by the law of the flag. he 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. he foreigner who deals with this agent has notice of that law, and, if he be bound by it, there is not injustice. *is 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.2 Bouvier's $aw
=ictionary !
=on't be thrown by the fact they are tal,in* about the sea and that it doesn't apply to land. (dmiralty law came on land in !"E with the (ct of !"E by Con*ress. e5t a court caseK :%ursuant to the :$aw of the ;la*: a military fla* does result in 8urisdictional implication when flown. The %laintiff cites the followin*K :3nder 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. : /uhstrat v.
%eople G .+. E! E !" I$$. !44 E< $/( !"! G# (9. I have had debates with fol,s that ta,e *reat issue with what I have said they do*matically say the constitution is the law and the *overnment is outside the law. I wish they were ri*ht but they fail to see or understand that the (merican people have been conquered un,nowin*ly but conquered all the same. That is why a 8ud*e will tell you not to brin* the Constitution into his court or a law dictionary because he is the law not the Constitution. ou have only to read the previous Senates report on ational +mer*ency to understand the Constitution and our Constitutional form of *overnment no lon*er e5ists. Further E4idence
Social Security I fail to understand how the (merican 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 ri*ht 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 onquers 1,in*2. The Social Security system is made to loo, and act li,e insurance all insurance is *overned by admiralty law which is the ,in*s way of bindin* those involved with commerce with him. :he 4ocial 4ecurity system may be accurately described as a form of 4ocial Insurance, enacted pursuant to /ongress: power to 2spend money in aid of the :general welfare: : Helverin* vs. =avis N4!
.S. at #EO
: "y judgment accordingly is, that policies of insurance are within... the admiralty and maritime jurisdiction of the 3nited 4tates.: ;ederal &ud*e Story in
=+$-3I- 3S. B-IT G ;ederal Cases D4GG# at pa*e EEE 1!"!2
ou need to ,now and understand what contribution means in ;.I.C.(. ;ederal Insurance Contribution (ct. /ead the followin* definition. Contri*ution. Right of one who has discharged a common liability to recover of another also liable, the ali0uot portion which he ought to pay or bear. 3nder principle of 2contribution,2 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< he share of a loss payable by an insure when contracts with two or more insurers cover the same loss. he insurer:s share of a loss under a coinsurance or similar provision. he sharing of a loss or payment among several. he 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. 1Blac,s $aw =ictionary #th
ed.2
Thereby ma,in* you obli*ated for the national debt. The Social Security system is one of the contractual ne5us' between you and the ,in*. Because you are involved in the ,in*s commerce and have as,ed voluntarily for his protection you have accomplished the followin*. ou have admitted that you are equally responsible for havin* caused the national debt and that you are a wron* doer as defined by the above le*al definition. ou have admitted to bein* a ;ourteenth (mendment citi6en who only has civil ri*hts *ranted by the ,in*. By bein* a ;ourteenth (mendment citi6en you have a*reed that you do not have standin* in court to question the national debt. )eep 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. Con*ress has transferred its Constitutional obli*ation of coinin* money to the federal reserve the representatives of the ,in* this be*an after the Civil War and the overturnin* of the .S. Constitution as a result of C-M+ST. ou have used this fiat money without ob8ection which is a commercial benefit supplied by the ,in*s ban,ers. ;iat money has no real value other than the faith in it and you C(-T pay a debt with fiat money because it is a debt instrument. ( federal reserve note is a promise to pay and is only evidence of debt. The benefit you have received is you are allowed to dischar*e your debt which means you pass on financial servitude to someone else. The someone else is our children. When you *o to the *rocery store and hand the cler, a fifty dollar federal reserve note you have stolen the *roceries and passed fifty dollars of debt to the seller. (mericans try to acquire as much of this fiat money as they can. If (mericans were aware of thisJ it wouldn't matter to them because they don't care if the merchandise is stolen as lon* as it is le*al. 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 ,in* everythin* that was obtained with this fiat money reverts bac, to the
,in* temporary I will e5plain in the conclusion of this paper. Because use of his fiat money is a benefit supplied by the ,in*'s ban,ersJ it all transfers bac, to the ,in*. The ,in*'s claim to the increase in this country comes from the ori*inal Charter of !##. But it is all hidden blac, is white and white is blac, wealth is actually debt and financial slavery. ;or those that do not have a Social Security number or thin, they have rescinded it you are no better off. (s far as the ,in* is concerned you are sub8ect to him also. Why@ Well 8ust to list a couple of reasons other than conquest. ou use his money and as I said before this is dischar*in* debt without prosecution. ou use the *oods and services that were obtained by this fiat money to enrich your life style and sustain yourself. ou drive or travel which ever definition you want to use on the ,in*'s hi*hways and roads for pleasure and to earn a livin*J meanin* you are involved in the ,in*'s commerce. -n top of these reasons which are based on received benefits this country H(S B++ C-M+/+=? I ,now a lot of patriots won't li,e this. our 1our2 ar*ument has been that the *overnment has and is operatin* outside of the law 1nited States Constitution2. Believe me I don't li,e soundin* li,e the devils advocate but as far as international law *oesJ and the laws that *overn War between countries the
,in*7queen of +n*land rule this country first by financial servitude and then by actual Conquest and 9ilitary -ccupation. The Civil War was the be*innin* of the Conquest as evidenced by the ;ourteenth (mendment. This (mendment did several thin*s as already mentioned. It created the only citi6enship available to the conquered and declared that these citi6ens had no standin* in any court to challen*e the monetary policies of the new *overnment. Why@ So the ,in* would always receive his *ain from his Commercial venture. The (mendment also eliminated your use of natural ri*hts and *ave the Conquered civil ri*hts. The Conquered are *overned by public policy instead of /epublic of self *overnment under 0od (lmi*hty. our ar*ument that this can't be is frivolous and without merit the evidence is conclusive. 'othing has changed since *efore the 3e4olutionary 5ar.
(ll persons whose activities in )in*'s Commerce are such that they fall under this marineli,e environment are into an invisible (dmiralty &urisdiction Contract. (dmiralty &urisdiction is the )I0'S C-99+/C+ of the Hi*h Seas and if the )in* is a party to the sea based Commerce 1such as by the )in* havin* financed your ship or the ship is carryin* the )in*'s *uns2 then that Commerce is properly
*overned by the special rules applicable to (dmiralty &urisdiction. But as for that slice of Commerce *oin* on out on the Hi*h Seas without the )in* as a party that Commerce is called 9aritime &urisdiction and so 9aritime is the private Commerce that transpires in a marine environment. (t least that distinction between (dmiralty and 9aritime is the way thin*s once were but no more. 0eor*e 9ercier Invisible Contracts !<"E. What $incoln and &efferson said about the true (merican dan*er was very prophetic. : All the armies of 'urope, Asia and Africa combined could not, by force, ta1e a drin1 from the Ohio, or ma1e a trac1 on the !lue 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. *raha1 Lincoln 2Our rulers will become corrupt, our people careless... the time for fixing every essential right on a legal basis is EnowF while our rulers are honest, and ourselves united. 8rom 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. hey will be forgotten, therefore, and their rights disregarded.
hey will forget themselves, but in the sole faculty of ma1ing money, and will never thin1 of uniting to effect a due respect for their rights. he shac1les, therefore, which shall not be 1noc1ed 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. Tho1as 9efferson
Below are the political platforms of the =emocrats and the /epublicans as you can see there is no difference between the two plain socialism. They are both leadin* (merica to a World *overnment 8ust as Cornwallis said and that *overnment will be the British empire or promoted by the British. 2>e have built foundations for the security of those who are faced with the ha#ards of unemployment and old age$ for the orphaned, the crippled, and the blind. On the foundation of the 4ocial 4ecurity Act we are determined to erect a structure of economic security for all our people, ma1ing sure that this benefit shall 1eep step with the ever increasing capacity of America to provide a high standard of living for all its citi#ens.2
=+9-C/(TIC %(/T %$(T;-/9 -; !<4# at pa*e 4# infra. :/eal 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. 8or the attainment of that ultimate objective, we loo1 to the energy, self(reliance and character of our people, and to our system of free enterprise. 24ociety has an obligation to promote the security of the people, by affording some measure of protection against involuntary unemployment and dependency in old age. he 7'> ='A) policies, while purporting to provide social security, have, in fact, endangered it. 2>e propose a system of old age security, based upon the following principles5 &. >e approve a CAH A4 HO3 GO policy, which re0uires of each generation the support of the aged and the determination of what is just and ade0uate. B. 'very American citi#en over D+ should receive a supplemental payment necessary to provide a minimum income sufficient to protect him or her from want. %. 'ach state and territory, upon complying with simple and general minimum standards, should receive from the 8ederal Government a graduated contribution in proportion to its own, up to a fixed maximum. ?. o ma1e this program consistent with sound fiscal policy the 8ederal revenues for this
purpose must be provided from the proceeds of a direct tax widely distributed. All will be benefitted and all should contribute. 2>e propose to encourage adoption by the states and territories of honest and practical measures for meeting the problems of employment insurance. 2he unemployment insurance and old age annuity of the present4ocial 4ecurity Act are unwor1able 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.2
/+%B$IC( %(/T %$(T;-/9 -; !<4# at pa*e 4##. Both %$(T;-/9S appear in (TI-($ %(/T %$(T;-/9S !"E T- !
&esus *ave us the most profound warnin* and advise of all time Hosea EK# : "y people are destroyed by a lac1 of 1nowledge.2
This bein* our understandin* and spiritual development in His Word.
When applied to the many facets of life His Word e5poses all of life's pit falls. &esus Christ's Word covers all aspects of life. The wor,in* class durin* the !G's were far more educated than now but this was still not enou*h to protect them from the secret subterfu*e practiced by the lawyers and ban,ers. -nly with understandin* of &esus Christ's Word can the evil application of man's law be e5posed and understood for what it is. This is why &esus Christ also warned of the be*uilement of the lawyers and the deceit and deception they practice. (nother reason the wor,in* class have been unable to understand their enslavement is because of the time spent wor,in* for a livin*. (t wa*es supplied by the upper class sufficient to live and even prosper but never enou*h to attain upper class status. This is basic class warfare. This system is protected by the upper class controllin* public education to limit and focus the wor,in* class's ,nowled*e to maintain class separation. What does this have to do with this paper@ +verythin*? This is the reason our upper class forefathers submitted to the ,in* in the Treaty of "$%2. (fter this Treaty and up to the Civil War the wor,in* class were busy ma,in* this the *reatest Country in the history of the world. ou see they believed they were free a freeman will wor, much harder
than a man that is sub8ect or a slave. (s a whole the wor,in* class were not payin* attention to what the *overnment was doin* includin* its Treaties and laws. This allowed time for the ban,in* procedures and laws to be put in place over time while the nation slept so the nation could be conquered durin* the Civil War. The only way to re*ain this county is with the reeducation of the wor,in* class so they can ma,e informed decisions and vote the mis mana*ers of our *overnment out of office. We could then reverse the post Civil War socialist laws and the one world *overnment laws that have been *radually put in place since the Civil War. ntil the defeat of (merica is reco*ni6ed victory will never be attainable. -nly throu*h reliance by faith on &esus Christ and the teachin* of His )in*dom will we reali6e our freedom. (s I said earlier 8ust as this Country has been conquered when &esus Christ returns he conquers all nations and ta,es possession of His )in*dom and rules them with a rod of iron 1/ev. !!K!!"2. His ri*ht of ownership is enforced by TH+ $(W 0od (lmi*hty. The precedin* !!F!E words are not to be chan*ed or altered in any way ec5ept by permission of the author &ames 9ont*omery. I can be reached throu*h )nowled*e is ;reedom BBS.
2...And to preserve their independence, we must not let our rulers load us with perpetual debt. >e must ma1e 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 drin1, in our necessaries and our comforts, in our labors and our amusements, for our callings and our creeds, as the people of 'ngland are, our people, li1e 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 thin1, no means of calling the mismanager:s to account$ but be glad to obtain subsistence by hiring ourselves to rivet their chains on the nec1s of our fellow sufferers...2 1Thomas
&efferson2 TH+ (9+/IC( p. 4<
9()I0
-;
F!!T'!TES
;ootnote ! FI3ST CH3TE3 !F VI3:I'I +"(;(-
NThis charter *ranted by )in* &ames I. on (pril ! !## to the oldest of the +n*lish colonies in (merica is a typical e5ample of the documents issued by the British *overnment authori6in* :(dventurers: to establish
plantations in the ew world. The name :3ir*inia: was at that time applied to all that part of orth (merica claimed by 0reat Britain.O I JAMES, by the Grace of God, King of England, Scotland, France and Ireland, Defender of the Faith, &c. WHEEAS o!r lo"ing and #ell$ di%o%ed S!b'ect%, Sir (ho)a% Gate%, and Sir George So)er%, Knight%, ichard Hac*l!it, +rebendary of We%t)in%ter, and Ed#ard$Maria Wingfield, (ho)a% Hanha), and alegh Gilbert, E%r%. Willia) +ar*er, and George +oha), Gentle)en, and di"er% other% of o!r lo"ing S!b'ect%, ha"e been h!)ble S!itor% !nto !%, that We #o!ld "o!ch%afe !nto the) o!r -icen%e a!thor% footnote/ re)e)ber a licen%e granted by the *ing i% a ri"ilege0, to )a*e Habitation, +lantation, and to ded!ce a 1olony of %!ndry of o!r +eole into that +art of A)erica, co))only called 2IGI3IA, and other +art% and (erritorie% in A)erica, either aertaining !nto !%, or #hich are not no# act!ally o%%e%%ed by any 1hri%tian +rince or +eole, %it!ate, lying, and being all along the Sea 1oa%t%, bet#een fo!r and thirty Degree% of 3ortherly -atit!de fro) the E!inoctial -ine, and fi"e and forty Degree% of the %a)e -atit!de, and in the )ain -and bet#een the %a)e fo!r and thirty and fi"e and forty Degree%, and the I%land% there!nto ad'acent, or #ithin one h!ndred Mile% of the 1oa%t% thereof4
II. And to that End, and for the )ore %eedy Acco)li%h)ent of their %aid intended +lantation and Habitation there, are de%iro!% to di"ide the)%el"e% into t#o %e"eral 1olonie% and 1o)anie%4 (he one con%i%ting of certain Knight%, Gentle)en, Merchant%, and other Ad"ent!rer%, of o!r 1ity of -ondon and el%e#here, #hich are, and fro) ti)e to ti)e %hall be, 'oined !nto the), #hich do de%ire to begin their +lantation and Habitation in %o)e fit and con"enient +lace, bet#een fo!r and thirty and one and forty Degree% of the %aid -atit!de, along the 1oa%t% of 2irginia and 1oa%t% of A)erica afore%aid4 And the other con%i%ting of %!ndry Knight%, Gentle)en, Merchant%, and other Ad"ent!rer%, of o!r 1itie% of 5ri%tol and E6eter, and of o!r (o#n of +li)o!th, and of other +lace%, #hich do 'oin the)%el"e% !nto that 1olony, #hich do de%ire to begin their +lantation and Habitation in %o)e fit and con"enient +lace, bet#een eight and thirty Degree% and fi"e and forty Degree% of the %aid -atit!de, all along%t the %aid 1oa%t of 2irginia and A)erica, a% that 1oa%t lyeth/ III. We, greatly co))ending, and gracio!%ly acceting of, their De%ire% for the F!rtherance of %o noble a Wor*, #hich )ay, by the +ro"idence of Al)ighty God, hereafter tend to the Glory of hi% Di"ine Ma'e%ty, in roagating of 1hri%tian eligion to %!ch +eole, a% yet li"e in Dar*ne%% and )i%erable Ignorance of the tr!e
Kno#ledge and Wor%hi of God, and )ay in ti)e bring the Infidel% and Sa"age%, li"ing in tho%e +art%, to h!)an 1i"ility, and to a %ettled and !iet Go"ern)ent4 D7, by the%e o!r -etter% +atent%, gracio!%ly accet of, and agree to, their h!)ble and #ell$intended De%ire%4 I2. And do therefore, for 8%, o!r Heir%, and S!cce%%or%, GA3( and agree, that the %aid Sir (ho)a% Gate%, Sir George So)er%, ichard Hac*l!it, and Ed#ard$Maria Wingfield, Ad"ent!rer% of and for o!r 1ity of -ondon, and all %!ch other%, a% are, or %hall be, 'oined !nto the) of that 1olony, %hall be called the fir%t 1olony4 And they %hall and )ay begin their %aid fir%t +lantation and Habitation, at any +lace !on the %aid 1oa%t of 2irginia or A)erica, #here they %hall thin* fit and con"enient, bet#een the %aid fo!r and thirty and one and forty Degree% of the %aid -atit!de4 And that they %hall ha"e all the -and%, Wood%, Soil, Gro!nd%, Ha"en%, +ort%, i"er%, Mine%, Mineral%, Mar%he%, Water%, Fi%hing%, 1o))oditie%, and Heredita)ent%, #hat%oe"er, fro) the %aid fir%t Seat of their +lantation and Habitation by the Sace of fifty Mile% of Engli%h Stat!te Mea%!re, all along the %aid 1oa%t of 2irginia and A)erica, to#ard% the We%t and So!th #e%t, a% the 1oa%t lyeth, #ith all the I%land% #ithin one h!ndred Mile% directly o"er again%t the %a)e Sea 1oa%t4 And al%o all the -and%, Soil, Gro!nd%, Ha"en%, +ort%, i"er%, Mine%, Mineral%, Wood%,
Water%, Mar%he%, Fi%hing%, 1o))oditie%, and Heredita)ent%, #hat%oe"er, fro) the %aid +lace of their fir%t +lantation and Habitation for the %ace of fifty li*e Engli%h Mile% all along%t the %aid 1oa%t of 2irginia and A)erica, to#ard% the Ea%t and 3orthea%t, or to#ard% the 3orth, a% the 1oa%t lyeth, together #ith all the I%land% #ithin one h!ndred Mile%, directly o"er again%t the %aid Sea 1oa%t4 And al%o all the -and%, Wood%, Soil, Gro!nd%, Ha"en%, +ort%, i"er%, Mine%, Mineral%, Mar%he%,Water%, Fi%hing%, 1o))oditie%, and Heredita)ent%, #hat%oe"er, fro) the %a)e fifty Mile% e"ery #ay on the Sea 1oa%t, directly into the )ain -and by the Sace of one h!ndred li*e Engli%h Mile%4 And %hall and )ay inhabit and re)ain there4 and %hall and )ay al%o b!ild and fortify #ithin any the %a)e, for their better Safeg!ard and Defence, according to their be%t Di%cretion, and the Di%cretion of the 1o!ncil of that 1olony4 And that no other of o!r S!b'ect% %hall be er)itted, or %!ffered, to lant or inhabit behind, or on the 5ac*%ide of the), to#ard% the )ain -and, #itho!t the E6re%% -icen%e or 1on%ent of the 1o!ncil of that 1olony, there!nto in Writing fir%t had and obtained. 2. And #e do li*e#i%e, for 8%, o!r Heir%, and S!cce%%or%, by the%e +re%ent%, GA3( and agree, that the %aid (ho)a% Hanha), and alegh Gilbert, Willia) +ar*er, and George +oha), and all other% of the (o#n of +li)o!th in the 1o!nty
of De"on, or el%e$#here, #hich are, or %hall be, 'oined !nto the) of that 1olony, %hall be called the %econd 1olony4 And that they %hall and )ay begin their %aid +lantation and Seat of their fir%t Abode and Habitation, at any +lace !on the %aid 1oa%t of 2irginia and A)erica, #here they %hall thin* fit and con"enient, bet#een eight and thirty Degree% of the %aid -atit!de, and fi"e and forty Degree% of the %a)e -atit!de4 And that they %hall ha"e all the -and%, Soil%, Gro!nd%, Ha"en%, +ort%, i"er%, Mine%, Mineral%, Wood%, Mar%he%, Water%, Fi%hing%, 1o))oditie%, and Heredita)ent%, #hat%oe"er fro) the fir%t Seat of their +lantation and Habitation by the Sace of fifty li*e Engli%h Mile% a% i% afore%aid, all along%t the %aid 1oa%t of 2irginia and A)erica, to#ard% the We%t and So!th#e%t, or to#ard% the So!th, a% the 1oa%t lyeth, and all the I%land% #ithin one h!ndred Mile%, directly o"er again%t the %aid Sea 1oa%t4 And al%o all the -and%, Soil%, Gro!nd%, Ha"en%, +ort%, i"er%, Mine%, Mineral%, Wood%, Mar%he%, Water%, Fi%hing%, 1o))oditie%, and Heredita)ent%, #hat%oe"er, fro) the %aid +lace of their fir%t +lantation and Habitation for the Sace of fifty li*e Mile%, all a)ong%t the %aid 1oa%t of 2irginia and A)erica, to#ard% the Ea%t and 3orthea%t, or to#ard% the 3orth, a% the 1oa%t lyeth, and all the I%land% al%o #ithin one h!ndred Mile% directly o"er again%t the %a)e Sea 1oa%t4 And al%o all the -and%, Soil%, Gro!nd%, Ha"en%, +ort%, i"er%, Wood%, Mine%, Mineral%, Mar%he%,
Water%, Fi%hing%, 1o))oditie%, and Heredita)ent%, #hat%oe"er, fro) the %a)e fifty Mile% e"ery #ay on the Sea 1oa%t, directly into the )ain -and, by the Sace of one h!ndred li*e Engli%h Mile%4 And %hall and )ay inhabit and re)ain there4 and %hall and )ay al%o b!ild and fortify #ithin any the %a)e for their better Safeg!ard, according to their be%t Di%cretion, and the Di%cretion of the 1o!ncil of that 1olony4 And that none of o!r S!b'ect% %hall be er)itted, or %!ffered, to lant or inhabit behind, or on the bac* of the), to#ard% the )ain -and, #itho!t the e6re%% -icen%e of the 1o!ncil of that 1olony, in Writing there!nto fir%t had and obtained. 2I. +ro"ided al#ay%, and o!r Will and +lea%!re herein i%, that the +lantation and Habitation of %!ch of the %aid 1olonie%, a% %hall la%t lant the)%el"e%, a% afore%aid, %hall not be )ade #ithin one h!ndred li*e Engli%h Mile% of the other of the), that fir%t began to )a*e their +lantation, a% afore%aid.
Man!al, and a%% !nder the +ri"y Seal of o!r eal) of England4 Each of #hich 1o!ncil% %hall con%i%t of thirteen +er%on%, to be ordained, )ade, and re)o"ed, fro) ti)e to ti)e, according a% %hall be directed, and co)ri%ed in the %a)e in%tr!ction%4 And %hall ha"e a %e"eral Seal, for all Matter% that %hall a%% or concern the %a)e %e"eral 1o!ncil%4 Each of #hich Seal% %hall ha"e the King9% Ar)% engra"en on the one Side thereof, and hi% +ortrait!re on the other And that the Seal for the 1o!ncil of the %aid fir%t 1olony %hall ha"e engra"en ro!nd abo!t, on the one %ide, the%e Word%4 Sigill!) egi% Magnae 5ritanniae, Franciae, & Hiberniae4 on the other Side thi% In%crition, ro!nd abo!t4 +ro 1oncilio ri)ae 1oloniae 2irginiae. And the %eal for the 1o!ncil of the %aid %econd 1olony %hall al%o ha"e engra"en, ro!nd abo!t the one Side thereof, the afore%aid Word%4 Sigill!) egi% Magnae, 5ritanniae, Franciae, & Hiberniae4 and on the other Side4 +ro 1oncilio %ec!ndae 1oloniae 2irginiae/
2II. And #e do al%o ordain, e%tabli%h, and agree, for 8%, o!r Heir%, and S!cce%%or%, that each of the %aid 1olonie% %hall ha"e a 1o!ncil, #hich %hall go"ern and order all Matter% and 1a!%e%, #hich %hall ari%e, gro#, or haen, to or #ithin the %a)e %e"eral 1olonie%, according to %!ch -a#%, 7rdinance%, and In%tr!ction%, a% %hall be, in that behalf, gi"en and %igned #ith 7!r Hand or Sign
2III. And that al%o there %hall be a 1o!ncil e%tabli%hed here in England, #hich %hall, in li*e Manner, con%i%t of thirteen +er%on%, to be, for that +!ro%e, aointed by 8%, o!r Heir% and S!cce%%or%, #hich %hall be called o!r 1o!ncil of 2irginia4 And %hall, fro) ti)e to ti)e, ha"e the %!erior Managing and Direction, only of and for all Matter%, that %hall or )ay concern the Go"ern)ent, a% #ell of the %aid
%e"eral 1olonie%, a% of and for any other +art or +lace, #ithin the afore%aid +recinct% of fo!r and thirty and fi"e and forty Degree%, abo"e$ )entioned4 Which 1o!ncil %hall, in li*e )anner, ha"e a Seal, for Matter% concerning the 1o!ncil of 1olonie%, #ith the li*e Ar)% and +ortrait!re, a% afore%aid, #ith thi% In%crition, engra"en ro!nd abo!t on the one Side4 Sigill!) egi% Magnae 5ritanniae, Franciae, & Hiberniae4 and ro!nd abo!t the other %ide, +ro 1oncilio %!o 2irginiae. I:. And )oreo"er, #e do GA3( and agree, for 8%, o!r Heir% and S!cce%%or%, that the %aid %e"eral 1o!ncil%, of and for the %aid %e"eral 1olonie%, %hall and la#f!lly )ay, by 2irt!e hereof, fro) ti)e to ti)e, #itho!t any Interr!tion of 8%, o!r Heir%, or S!cce%%or%, gi"e and ta*e 7rder, to dig, )ine, and %earch for all Manner of Mine% of Gold, Sil"er, and 1oer, a% #ell #ithin any art of their %aid %e"eral 1olonie%, a% for the %aid )ain -and% on the 5ac*$ %ide of the %a)e 1olonie%4 And to Ha"e and en'oy the Gold, Sil"er, and 1oer, to be gotten thereof, to the 8%e and 5ehoof of the %a)e 1olonie%, and the +lantation% thereof4 ;IE-DI3G therefore, to 8%, o!r Heir% and S!cce%%or%, the fifth +art only of all the %a)e Gold and Sil"er, and the fifteenth +art of all the %a)e 1oer, %o to be gotten or had, a% i% afore%aid, #itho!t any other Manner or +rofit or Acco!nt, to be gi"en or yielded to 8%, o!r Heir%,
or S!cce%%or%, for or in e%ect of the %a)e/ :. And that they %hall, or la#f!lly )ay, e%tabli%h and ca!%e to be )ade a 1oin, to a%% c!rrent there bet#een the +eole of tho%e %e"eral 1olonie%, for the )ore Ea%e of (raffic* and 5argaining bet#een and a)ong%t the) and the 3ati"e% there, of %!ch Metal, and in %!ch Manner and For), a% the %aid %e"eral 1o!ncil% there %hall li)it and aoint. :I. And #e do li*e#i%e, for 8%, o!r Heir%, and S!cce%%or%, by the%e +re%ent%, gi"e f!ll +o#er and A!thority to the %aid Sir (ho)a% Gate%, Sir George So)er%, ichard Hac*l!it, Ed#ard$Maria Wingfield, (ho)a% Hanha), alegh Gilbert, Willia) +ar*er, and George +oha), and to e"ery of the), and to the %aid %e"eral 1o)anie%, +lantation%, and 1olonie%, that they, and e"ery of the), %hall and )ay, at all and e"ery ti)e and ti)e% hereafter, ha"e, ta*e, and lead in the %aid 2oyage, and for and to#ard% the %aid %e"eral +lantation% and 1olonie%, and to tra"el thither#ard, and to abide and inhabit there, in e"ery the %aid 1olonie% and +lantation%, %!ch and %o )any of o!r S!b'ect%, a% %hall #illingly acco)any the), or any of the), in the %aid 2oyage% and +lantation%4 With %!fficient Shiing and F!rnit!re of Ar)o!r, Weaon%, 7rdinance, +o#der, 2ict!al, and all other thing%, nece%%ary for the %aid +lantation%, and for their 8%e and
Defence there/ +72IDED al#ay%, that none of the %aid +er%on% be %!ch, a% %hall hereafter be %ecially re%trained by 8%, o!r Heir%, or S!cce%%or%. :II. Moreo"er, #e do, by the%e +re%ent%, for 8%, o!r Heir%, and S!cce%%or%, GI2E A3D GA3( -icen%e !nto the %aid Sir (ho)a% Gate%, Sir George So)er%, ichard Hac*l!it, Ed#ard$Maria Wingfield, (ho)a% Hanha), alegh Gilbert, Willia) +ar*er, and George +oha), and to e"ery of the %aid 1olonie%, that they, and e"ery of the), %hall and )ay, fro) ti)e to ti)e, and at all ti)e% for e"er hereafter, for their %e"eral Defence%, enco!nter, e6!l%e, reel, and re%i%t, a% #ell by Sea a% by -and, by all Way% and Mean% #hat%oe"er, all and e"ery %!ch +er%on and +er%on%, a% #itho!t the e%ecial -icen%e of the %aid %e"eral 1olonie% and +lantation%, %hall atte)t to inhabit #ithin the %aid %e"eral +recinct% and -i)it% of the %aid %e"eral 1olonie% and +lantation%, or any of the), or that %hall enterri%e or atte)t, at any ti)e hereafter, the H!rt, Detri)ent, or Annoyance, of the %aid %e"eral 1olonie% or +lantation%. :III. Gi"ing and granting, by the%e +re%ent%, !nto the %aid Sir (ho)a% Gate%, Sir George So)er%, ichard Hac*l!it, Ed#ard$Maria Wingfield, and their A%%ociate% of the %aid fir%t 1olony, and !nto the %aid (ho)a% Hanha), alegh Gilbert, Willia) +ar*er, and George
+oha), and their A%%ociate% of the %aid %econd 1olony, and to e"ery of the), fro) ti)e to ti)e, and at all ti)e% for e"er hereafter, +o#er and A!thority to ta*e and %!rri%e, by all Way% and Mean% #hat%oe"er, all and e"ery +er%on and +er%on%, #ith their Shi%, 2e%%el%, Good% and other F!rnit!re, #hich %hall be fo!nd traffic*ing, into any Harbo!r or Harbo!r%, 1ree* or 1ree*%, or +lace, #ithin the -i)it% or +recinct% of the %aid %e"eral 1olonie% and +lantation%, not being of the %a)e 1olony, !ntil %!ch ti)e, a% they, being of any eal)% or Do)inion% !nder o!r 7bedience, %hall ay, or agree to ay, to the Hand% of the (rea%!rer of that 1olony, #ithin #ho%e -i)it% and +recinct% they %hall %o traffic*, t#o and a half !on e"ery H!ndred, of any thing, %o by the) traffic*ed, bo!ght, or %old4 And being Stranger%, and not S!b'ect% !nder o!r 7bey%ance, !ntil they %hall ay fi"e !on e"ery H!ndred, of %!ch Ware% and Merchandi%e, a% they %hall traffic*, b!y, or %ell, #ithin the +recinct% of the %aid %e"eral 1olonie%, #herein they %hall %o traffic*, b!y, or %ell, a% afore%aid, WHI1H S!)% of Money, or 5enefit, a% afore%aid, for and d!ring the Sace of one and t#enty ;ear%, ne6t en%!ing the Date hereof, %hall be #holly e)loied to the 8%e, 5enefit, and 5ehoof of the %aid %e"eral +lantation%, #here %!ch (raffic* %hall be )ade4 And after the %aid one and t#enty ;ear% ended, the %a)e %hall be ta*en to the 8%e of 8%, o!r Heir%, and S!cce%%or%, by %!ch 7fficer% and Mini%ter%, a% by
8%, o!r Heir%, and S!cce%%or%, %hall be there!nto a%%igned or aointed. :I2. And #e do f!rther, by the%e +re%ent%, for 8%, o!r Heir%, and S!cce%%or%, GI2E A3D GA3( !nto the %aid Sir (ho)a% Gate%, Sir George So)er%, ichard Hac*l!it, and Ed#ard$Maria Wingfield, and to their A%%ociate% of the %aid fir%t 1olony and +lantation, and to the %aid (ho)a% Hanha), alegh Gilbert, Willia) +ar*er, and George +oha), and their A%%ociate% of the %aid %econd 1olony and +lantation, that they, and e"ery of the), by their De!tie%, Mini%ter% and Factor%, )ay tran%ort the Good%, 1hattel%, Ar)o!r, M!nition, and F!rnit!re, needf!l to be !%ed by the), for their %aid Aarel, Food, Defence, or other#i%e in e%ect of the %aid +lantation%, o!t of o!r eal)% of England and Ireland, and all other o!r Do)inion%, fro) ti)e to ti)e, for and d!ring the (i)e of %e"en ;ear%, ne6t en%!ing the Date hereof, for the better elief of the %aid %e"eral 1olonie% and +lantation%, #itho!t any 1!%to), S!b%idy, or other D!ty, !nto 8%, o!r Heir%, or S!cce%%or%, to be yielded or aid for the %a)e. :2. Al%o #e do, for 8%, o!r Heir%, and S!cce%%or%, DE1-AE, by the%e +re%ent%, that all and e"ery the +er%on%, being o!r S!b'ect%, #hich %hall d#ell and inhabit #ithin e"ery or any of the %aid %e"eral 1olonie% and +lantation%, and e"ery of their children, #hich %hall haen to be born #ithin any of the -i)it% and +recinct% of the %aid %e"eral
1olonie% and +lantation%, %hall HA2E and en'oy all -ibertie%, Franchi%e%, and I))!nitie%, #ithin any of o!r other Do)inion%, to all Intent% and +!ro%e%, a% if they had been abiding and born, #ithin thi% o!r eal) of England, or any other of o!r %aid Do)inion%. :2I. Moreo"er, o!r gracio!% Will and +lea%!re i%, and #e do, by the%e +re%ent%, for 8%, o!r Heir%, and S!cce%%or%, declare and %et forth, that if any +er%on or +er%on%, #hich %hall be of any of the %aid 1olonie% and +lantation%, or any other, #hich %hall traffic* to the %aid 1olonie% and +lantation%, or any of the), %hall, at any ti)e or ti)e% hereafter, tran%ort any Ware%, Merchandi%e%, or 1o))oditie%, o!t of any of o!r Do)inion%, #ith a +retence to land, %ell, or other#i%e di%o%e of the %a)e, #ithin any the -i)it% and +recinct% of any the %aid 1olonie% and +lantation%, and yet ne"erthele%%, being at Sea, or after he hath landed the %a)e #ithin any of the %aid 1olonie% and +lantation%, %hall carry the %a)e into any other Foreign 1o!ntry, #ith a +!ro%e there to %ell or di%o%e of the %a)e, #itho!t the -icen%e of 8%, o!r Heir%, and S!cce%%or%, in that 5ehalf fir%t had and obtained4 (hat then, all the Good% and 1hattel% of %!ch +er%on or +er%on%, %o offending and tran%orting, together #ith the %aid Shi or 2e%%el, #herein %!ch (ran%ortation #a% )ade, %hall be forfeited to 8%, o!r Heir%, and S!cce%%or%.
:2II. +ro"ided al#ay%, and o!r Will and +lea%!re i%, and #e do hereby declare to all 1hri%tian King%, +rince%, and State%, that if any +er%on or +er%on%, #hich %hall hereafter be of any of the %aid %e"eral 1olonie% and +lantation%, or any other, by hi%, their or any of their -icen%e and Aoint)ent, %hall, at any ti)e or ti)e% hereafter, rob or %oil, by Sea or by -and, or do any Act of !n'!%t and !nla#f!l Ho%tility, to any the S!b'ect% of 8%, o!r Heir%, or S!cce%%or%, or any the S!b'ect% of any King, +rince, !ler, Go"ernor, or State, being then in -eag!e or A)ity #ith 8%, o!r Heir%, or S!cce%%or%, and that !on %!ch In'!ry, or !on '!%t 1o)laint of %!ch +rince, !ler, Go"ernor, or State, or their S!b'ect%, We, o!r Heir%, or S!cce%%or%, %hall )a*e oen +rocla)ation, #ithin any of the +ort% of o!r eal) of England, co))odio!% for that +!ro%e, (hat the %aid +er%on or +er%on%, ha"ing co))itted any %!ch obbery or Soil, %hall, #ithin the (er) to be li)ited by %!ch +rocla)ation% )a*e f!ll e%tit!tion or Sati%faction of all %!ch In'!rie% done, %o a% the %aid +rince%, or other%, %o co)laining, )ay hold the)%el"e% f!lly %ati%fied and contented4 And that, if the %aid +er%on or +er%on%, ha"ing co))itted %!ch obbery or Soil, %hall not )a*e, or ca!%e to be )ade, Sati%faction accordingly, #ithin %!ch (i)e %o to be li)ited, (hat then it %hall be la#f!l to 8%, o!r Heir%, and S!cce%%or%, to !t the %aid +er%on or +er%on%, ha"ing
co))itted %!ch obbery or Soil, and their +roc!rer%, Abetter%, or 1o)forter%, o!t of o!r Allegiance and +rotection4 And that it %hall be la#f!l and free, for all +rince% and other%, to !r%!e #ith Ho%tility the %aid 7ffender%, and e"ery of the), and their and e"ery of their +roc!rer%, Aider%, Abetter%, and 1o)forter%, in that 5ehalf. :2III. And finally, #e do, for 8%, o!r Heir%, and S!cce%%or%, GA3( and agree, to and #ith the %aid Sir (ho)a% Gate%, Sir George So)er%, ichard Hac*l!it, and Ed#ard$Maria Wingfield, and all other% of the %aid fir%t 1olony, that We, o!r Heir%, and S!cce%%or%, !on +etition in that 5ehalf to be )ade, %hall, by -etter%$ atent !nder the Great Seal of England, GI2E and GA3( !nto %!ch +er%on%, their Heir%, and A%%ign%, a% the 1o!ncil of that 1olony, or the )o%t +art of the), %hall, for that +!ro%e no)inate and a%%ign, all the -and%, (ene)ent%, and Heredita)ent%, #hich %hall be #ithin the +recinct% li)ited for that 1olony, a% i% afore%aid, (7 5E H7-DE3 7F 8S, o!r Heir%, and S!cce%%or%, a% of o!r Manor at Ea%t$Green#ich in the 1o!nty of Kent, in free and co))on Soccage only, and not in 1aite/ :I:. And do, in li*e Manner, Grant and Agree, for 8%, o!r Heir%, and S!cce%%or%, to and #ith the %aid (ho)a% Hanha), alegh Gilbert, Willia) +ar*er, and George +oha), and all other% of the %aid %econd 1olony, (hat We, o!r Heir%,
and and S!cc S!cce% e%%o %or% r%,, !on !on +eti +etiti tion on in that that 5eha 5ehalf lf to be )ade )ade,, %hal %hall, l, by -etter%$atent !nder the Great Seal of England, GI2E and GA3( !nto %!ch !ch +er%on r%on% %, thei heir Heir%, r%, and A%%ign%, a% the 1o!ncil of that 1olony, or the )o%t +art of the), %hal %hall, l, for for that that +!ro +!ro%e %e,, no)i no)inat nate e and a%%ign, all the -and%, (ene (ene)e )ent nt%, %, and and Here Heredi dita ta)e )ent nt%, %, #hich %hall be #ithin the +recinct% li)ited for that 1olony, a% i% afore%aid (7 5E H7-DE3 7F 8S, o!r Heir%, and S!cce%%or%, a% of o!r Mano Mano!r !r of Ea%t Ea%t$Gr $Gree een# n#ic ich h in the the 1o!nty of Kent, in free and co))on Soccage only, and not in 1aite. ::. All #hich -and%, (ene)ent%, and Heredita)ent%, %o to be a%% a%%ed ed by the the %aid %aid %e"e %e"era rall -ett -etter er%$ %$a ate tent nt,, %hal %halll be %!ff %!ffic icien ientt A%%!rance fro) the %aid +atentee%, %o di%trib!ted and di"ided a)ong%t the 8nderta*er% for the +lantation of the %aid %e"eral 1olonie%, and %!ch a% %hal %halll )a*e )a*e thei theirr +lant +lantat atio ion% n% in either of the %aid %e"eral 1olonie%, in %!ch Manner and For), and for %!ch %!ch E%ta E%tate te%, %, a% %hal %halll be order ordered ed and %et do#n by the 1o!ncil of the %aid aid 1olon olony y, or the the )o% )o%t +art art of the), re%ecti"ely, #ithin #hich the %a)e -and%, (ene)ent%, and Hered redita)ent ent% %hall all lye lye or be4 be4 Altho!gh e6re%% Mention of the tr!e yearly 2al!e or 1ertainty of the +re)i%e%, or any of the), or of any other Gift% or Grant%, by 8% or any of o!r +rogenitor% or +redece%%or%, to the afore%aid Sir (ho)a% Gate%, Knt. Sir George So)er%, Knt. ich ichar ard d Hac* Hac*l! l!it it,, Ed# Ed#ard$ ard$Ma Mari ria a
Wingfield, (ho)a% Hanha), alegh Gilbert, Willia) +ar*er, and George +oha), or any of the), heretofore )ade )ade,, in the% he%e +re%e re%ent nt% %, i% not not )ade4 7r any Stat!te, Act, 7rdinance, or +ro"i%ion, +roc +rocla la)a )ati tion on,, or e%t e%trai raint nt,, to the the contrary hereof had, )ade, ordained, or any other (hing, 1a!%e, or Matter #hat%oe"er, in any #i%e #i%e not# not#it ith% h%ta tandi nding. ng. In Witne% Witne%% % #hereof #e ha"e ca!%ed the%e o!r -etter% to be )ade +atent%4 Witne%% 7!r% 7!r%el elff at We%t) We%t)in in%t %ter, er, the the tent tenth h Day of Aril, in the fo!rth ;ear of o!r eig eign of Engl ngland, France, and and Irel Irelan and, d, and and of Scot Scotla land nd the the nine nine and thirtieth.
;ootnote F THE 83IS 8ECE T3ET< +8ECE T3ET< of "$%2-6
In the name of the most holy and undivided Trinity. It havi havin* n* plea please sed d the the =ivi =ivine ne %rovidence to dispose the hearts of the the mo most st sere serene ne an and d mo most st pote potent nt %rin %rince ce 0eor* eor*ee the the Thir Third d by the *race of 0od ,in* of 0reat Britain ;rance and Ireland defender of the faith du,e of Brunswic, and $une $unebo bour ur* * ar arch ch trea treasu sure rerr an and d prince elector of the Holy /oman +mpire etc. and of the nited States of (merica to for*et all past misunders misunderstand tandin*s in*s and difference differencess that have unhappily interrupted the *ood correspondence and friendship which they mutually wish to restore and an d to esta establ blis ish h such such a bene benefi fici cial al
an d satisfactory intercourse between the two countries upon the *round of reciprocal advanta*es and mutual convenience as may promote and secure to both perpetual peace and harmonyJ and havin* for this desira irable end already ady laid the foundation of peace and reco reconc ncil ilia iati tion on by the the %rov %rovis isio ional nal (rticles si*ned at %aris on the 4th of ovember !G"F by the commissioners empowered on each part which articles were a*reed to be inserted in and constitute the Treaty of %eace proposed to be conc conclu lude ded d betw betwee een n the the Cr Crow own n of 0reat Britain and the said nited States but which Treaty was not to be concluded until terms of peace shou should ld be a* a*re reed ed upo upon betw etween een 0rea 0reatt Brit Britai ain n an and d ;r ;ran ance ce an and d his his Britannic 9a8esty should be ready to conclu conclude de such such Treaty Treaty accord accordin* in*lyJ lyJ and the Treaty between 0reat Brit Britai ain n an and d ;r ;ran ance ce havi havin* n* sinc sincee been concluded his Britannic 9a8e 9a 8est styy an and d the the nit nited ed Stat States es of (merica in order to carry into full effect the %rovisional (rticles above mentioned accordin* to the tenor thereof have constituted an and d appointed that is to say his Britannic 9a8esty on his part =avid Hart Hartle ley y +sq +sqr. r. memb member er of of the the %arliament of 0reat Britain and the said said nit nited ed Stat States es on thei theirr part part &ohn (dams +sqr. late a commission commissioner er of the nited States States of (merica at the court of 3ersailles late dele*ate in Con*ress from the stat statee of 9a 9ass ssac achu huse sett tts s an and d chie chieff 8ustice of the said state and minister plenipotentiary of the said
nited States to their hi*h mi*htinesses the States 0eneral of the nited nited ether etherlan landsJ dsJ Ben8am Ben8amin in ;ran,lin +sqr. late dele*ate in Con*ress from the state of %ennsylvania president of the convention of the said state and minist minister er plenip plenipote otenti ntiary ary from from the nit nited Stat States es of (meric ericaa at the court court of 3ersaille 3ersaillesJ sJ &ohn &ay +sqr. +sqr. late president of Con*ress and chief 8ustice of the state of ew or, and minist minister er plenip plenipot otent entiar iaryy from from the said said nit nited ed Stat States es at the the cour courtt of 9adridJ 9adridJ to be plenipoten plenipotentiari tiaries es for the con conclu cludin* in* an and d si*ni i*nin* n* the present definitive TreatyJ who after havin* havin* recipro reciprocal cally ly commun communica icated ted thei theirr resp respec ecti tive ve full full powe powers rs have have a*re a* reed ed upon pon an and d conf confir irm med the followin* articles. rticle "6
His Brittanic 9a8esty ac,nowled*es the said nited States vi6. ew Hampshire 9assac 9assachus husett ettss Bay Bay /hode /hode Island Island and %rovidence %lantations Connecticut ew or, ew &ers &ersey ey %enn %ennsy sylv lvan ania ia 9ary 9a ryla land nd 3ir*inia orth Carolina South Caro Ca roli lina na an and d 0eor 0eor*i *ia a to be free free sover soverei* ei*n n and indepe independe ndent nt state states s that he treats with them as such and for himself his heirs and successors relinquishes all claims to the *overnment propriety and an d terr territ itor orial ial ri*h ri*hts ts of the the same same and every part thereof. rticle =6
(nd that all disputes which mi*ht arise in future on the sub8ect of the boundaries of the said nited States may be prevented it is hereby a*reed and declared that the follo ollow win* in* ar aree and shal shalll be thei theirr boundaries vi6.J from the northw northwest est an*le an*le of ov ovaa Scotia Scotia vi6. that na*le which is formed by a line line draw drawn n due due nort north h from from the the source of St. Croi5 /iver to the hi*hlandsJ alon* the said hi*hlands which divide those rivers rivers that that empty empty thems themselv elves es into into the river St. $awrence from thos thosee whic which h fall fall into into the the (tla (tlant ntic ic -cea -c ean n to the the nort northw hwes este tern rnm most ost head of Connectic Connecticut ut /iverJ /iverJ thence down alon* the middle of that river to the the fort forty yfi fift fth h de*r de*ree ee of nort north h latitudeJ latitudeJ from thence thence by a line due west on said latitude until it stri,es the rive riverr Iroquo Iroquois is or Cata Cataraq raquy uyJJ thenc hencee alo alon* the midd iddle of said aid river river into into $a,e $a,e -ntari -ntarioJ oJ throu throu*h *h the midd iddle of said said la, la,e until ntil it stri,es the communication by water between that la,e and $a,e +rieJ thenc hencee alo alon* the midd iddle of said aid comm commun unic icat atio ion n into into $a,e $a,e +rie +rie throu*h the middle of said la,e until it arrives at the water commu communic nicati ation on betwee between n that that la,e la,e and $a,e HuronJ HuronJ thence thence alon* the middle of said water communication into $a,e Huron Huron thence thence throu* throu*h h the middle of said la,e to the water commu communic nicati ation on betwee between n that that la,e la,e and $a,e SuperiorJ thence throu*h $a,e Superior northward of the Isles /oyal and %helipeau5 to the $on* $a,eJ thence throu*h the middle of said $on* $a,e an and d the water
communication between it and the $a,e of the Woods to the said $a,e of the WoodsJ thence throu*h the said la,e to the most nort northw hwes este tern rnmo most st poin pointt ther thereo eof f and an d from rom thenc hencee on a due west est cou course rse to the riv river 9iss 9issis issi sipp ppiJ iJ thence thence by a line line to to be drawn drawn alon* the middle of the said river 9ississippi 9ississippi until until it shall intersect intersect the northernmost part of the thirty firs firstt de*r de*ree ee of nort north h lati latitu tude de South by a line to be drawn due east from the determination of the line last mentioned in the latitude of thirtyone de*rees of the equator to the middle of the river (palachicola or Ca Cata taho houc uche heJJ then thence ce alon alon** the the middle middle thereof thereof to its 8unction 8unction with with the ;lint /iver thence strai*ht to the head of Saint 9ary's /iverJ and then thence ce down down alon alon** the the midd middle le of Saint Saint 9ar 9ary's y's /iver /iver to the (tlant (tlantic ic -ceanJ east by a line to be drawn alon* the middle of the river Saint Croi5 Croi5 from its its mouth mouth in the Bay of ;undy to its source and from its source directly north to the aforesaid hi*hlands which divide the rive rivers rs that that fall into into the (tla (tlant ntic ic -cean from those which fall into the river Saint $awrenceJ compre comprehen hendin din** all island islandss within within twent twentyy lea*u lea*ues es of any any part part of the the shor shores es of the the nite nited d Stat States es an and d lyin* between lines lines to be drawn due east ast from rom the poin points ts where here the aforesaid boundaries between ova Scot Scotia ia on the the one part part and and +ast +ast ;lorida on the other shall resp respec ecti tive vely ly touc touch h the the Bay Bay of ;undy and the (tlantic -cean an e5ceptin* e5ceptin* such islands islands as now now are
or heretofore have been within the limits limits of of the said province province of of ova ova Scotia. rticle 26
It is a*reed that the people of the nit nited ed State Statess shal shalll cont contin inue ue to en8oy unmolested the ri*ht to ta,e fish fish of eve every ry ,ind ,ind on on the 0ra 0rand nd Ban, and on all the other ban,s of ewfoundland also in the 0ulf of Sain Saintt $a $aw wrenc rencee an and d at all all other ther places in the sea where the inhabitants of both countries used at any time heretofore heretofore to fish. fish. (nd also also that that the the inha inhabi bita tant ntss of the the nited States shall have liberty to ta,e fish of every ,ind on such part of the the coas coastt of ewf ewfou ound ndla land nd as British fishermen shall use 1but not to dry or cure the same on that island2 and also on the coasts bays and cree,s of all other of his Brittanic Brittanic 9a8esty's 9a8esty's dominion dominionss in (mericaJ and that the (merican fishermen fishermen shall have liberty liberty to to dry dry and cure fish in any of the unsettled bays harbors and cree,s of ova ova Scotia Scotia 9a* 9a*dal dalen en Island Islands s and $abrador $abrador so lon* lon* as the the same 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 fish at such such settle settleme ment nt witho without ut a previous a*reement for that purpose with the inhabitants proprietors or possessors of the *round. rticle >6
It is a*reed that creditors on
eith either er side side shal shalll meet meet with with no lawful impediment to the recovery of the full value in sterlin* money of all bona fide debts heretofore contracted. rticle ?6
It is a*reed a*reed that Con*ress Con*ress shall earn earnes estl tlyy reco recom mmend mend it to the the le*islatures of the respective states to provide for the restitution of all estates ri*hts and properties which have been confiscated belon*in* to real British sub8ectsJ and also of the esta estate tes s ri*h ri*hts ts an and d prop proper erti ties es of persons persons residen residentt in districts districts in the the poss posses essi sion on on his his 9a 9a8e 8est sty' y'ss arms arms and an d who have ave not not born bornee ar arm ms a*ainst a*ainst the said nited nited States. States. (nd that persons of any other descriptio description n shall shall have free liberty liberty to *o to any part or parts of any of the thirteen nited States and therein to remain twelve months unmo unmole lest sted ed in thei theirr ende endeav avor orss to obta obtain in the the rest restit itut utio ion n of such of their estates ri*hts and properties as may have been confiscate confiscatedJ dJ and that that Con* Con*re ress ss shal shalll also also earne earnest stly ly recommend to the several states a reconsider reconsideration ation and revision revision of all acts or laws re*ardin* the premises so as to render the said laws or acts perfec perfectly tly consis consisten tentt not only only with with 8ustice and equity but with that spirit of conciliation which on the retu return rn of the the bles blessi sin* n*ss of peace peace shou should ld univ univer ersa sall llyy prev prevai ail. l. (nd (nd that Con*ress Con*ress shall shall also also earnes earnestly tly reco recomm mmen end d to the the seve severa rall stat states es that the estates ri*hts and properties of such last mentioned
persons shall be restored to them they refundi refundin* n* to any persons persons who may be now in possession the bona fide fide pric pricee 1whe 1where re any any has has been been *iven2 which such persons may have paid on purchasin* purchasin* any of the said lands ri*hts or properties since the confiscation. (nd it is a*reed that all persons who have any interest in confis confiscat cated ed lands lands either either by debts debts marria*e settlements or otherwise shall meet with no lawful imped impedime iment nt in the prosec prosecuti ution on of their 8ust ri*hts. rticle (6
That there shall be no future confiscations made nor any pros prosec ecut utio ions ns comm commen ence ced d a* a*ai ains nstt any person or persons for or by reason of the part which he or they may have ta,en in the present war and an d that that no pers person on shal shalll on that that accoun accountt suffer suffer any any futur futuree loss loss or dama*e either in his person liberty or prop proper erty tyJJ and that that thos thosee who may be in conf confin inem emen entt on such uch char*es at the time of the ratificati ratification on of the Treaty Treaty in (merica (merica shall be immediately set at liberty and the prosecutions so commenced be discontinued. rticle $6
There shall be a firm and perpetual peace between his Brittanic 9a8esty and the said states and between the sub8ects of the one and the citi6ens of the other wherefore all hostilities both by sea
and land and land shal shalll fro from henc henceefort forth h cease. cease. (ll prisoners prisoners on both both sides sides shall be set at liberty and his Brit Britta tani nicc 9a 9a8e 8est styy shal shalll with with all all conv conven enie ient nt speed peed and witho ithout ut caus ausin* in* an anyy destr estru uctio ction n or carryin* away any e*roes or other property of the (merican inhabitants withdraw all his armies *arrisons and fleets from the said nited States and from every post place and harbor within the sameJ leav leavin in** in all all fort fortif ific icat atio ions ns the the (merican artilery that may be thereinJ and shall also order and cause cause all archiv archives es record records s deeds deeds and papers papers belon* belon*in* in* to any of the said states or their citi6ens which in the the cours coursee of the war may may have have fallen into the hands of his officers to be fort forthw hwit ith h rest restoored red an and d delivered to the proper states and persons to whom they belon*. rticle %6
The The na navi vi*a *ati tion on of the the rive riverr 9ississippi 9ississippi from from its its sourc sourcee to the the ocean shall forever remain free and open to the sub8ects sub8ects of 0reat Britain and the citi6ens of the nited States. rticle #6
In case it should so happen that any place or territo territory ry belon*in* belon*in* to 0reat Britain or to the nited States should have been conquered by the arms of either from the other before before the arrival arrival of of the the said said %rovisiona %rovisionall (rticles in (merica it is a*reed that hat the the sam amee shal shalll be rest restor ored ed
without difficulty and without requirin* any compensation. rticle ";K
The solemn ratifications of the presen presentt Treaty Treaty e5pedit e5pedited ed in *ood *ood and an d due due form form shal shalll be e5ch e5chan an*e *ed d between the contractin* parties in the space of si5 months or sooner if possible possible to be compu computed ted from the day of the si*natures of the present Treaty. In witness whereof we the undersi*n i*ned their ministers plenipotentiary have in their name and an d in virtu virtuee of our full full powe powers rs si*ned with our hands the present definit definitive ive Trea Treaty ty and caused caused the the seals of our arms to be affi5ed thereto. =one at %ar aris is this his third hird day of September September in the the year year of our $ord $ord one one thou thousa sand nd seve seven n hund hundre red d an and d ei*htythree. =. H(/T$+ 1S+($2 &-H (=(9S 1S+($2 B. ;/()$I 1S+($2 &-H &( 1S+($2 SourceK nited States =epartment of State :Treaties and -ther Inte Intern rnat atio iona nall (*re (*reem emen ents ts of the the nit nited ed State Statess of (mer (meric ica a !GG# !GG# !
the Count de /ochambeau $ieutenant0eneral of the (rmies of the )in* of ;rance 0reat Cross of the royal and military -rder of St. $oui $o uis s comm comman andi din* n* the the au5il au5iliar iaryy troops of his 9ost Christian 9a8esty in (mericaJ and his +5cellency the Count de 0rasse $ieutenant 0eneral of the aval (rmies of his 9ost Christian 9a8esty Com omm man and der of the -rder rder of St. St. $ouis $o uis Comm Command ander erin inChi Chief ef of the aval (rmy of ;rance in the Chesapea,e on the one %artJ and the /i*ht Honorable +arl Cornwa Cornwalli llis s $ieute $ieutenan nant0 t0ene eneral ral of his his Brit Britan anni nicc 9a 9a8e 8est sty' y'ss ;orc ;orces es commandin* the 0arrisons of or, and 0loucesterJ and Thomas Symonds +squire commandin* his Britannic 9a8esty's aval ;orces in or, /iver in 3ir*inia on the other %art. (rticle I. The *arrisons of or, and 0lou 0louce cest ster er incl includ udin in** the the offi office cers rs and seamen of his Britannic 9a8e 9a 8est sty' y'ss ship ships s as well well as othe otherr marine mar iners rs to surren surrender der thems themselv elves es pris prison oner erss of wa warr to the the comb combine ined d forces of (merica and ;rance. The land troops to remain prisoners to the nited States the navy to the nava na vall army army of his his 9o 9ost st Chri Christ stian ian 9a8esty. (rti (rticl clee II. II. The The ar arti till ller ery y ar arm ms accoutrem accoutrements ents military military chest and public stores of every denomination shall be delivered unimpaired to the heads of departments appointed to receive them.
(rticle III. (t twelve o'cloc, this day the two redoubts on the left flan, of or, to be delivered the one to a detachment of (merican infantry the other to a detachment of ;rench *renadiers. The *arrison of or, will march out to a place to be appointed in front of the posts at two o'cloc, precisely with shouldered arms colors cased and drums beatin* a British or 0erman march. They are then to *round their arms and return to their encampments where they will remain until they are despatched to the places of their destination. Two wor,s on the 0loucester side will be delivered at one o'cloc, to a detachment of ;rench and (merican troops appointed to possess them. The *arrison will march out at three o'cloc, in the afternoonJ the cavalry with their swords drawn trumpets soundin* and the infantry in the manner prescribed for the *arrison of or,. They are li,ewise to return to their encampments until they can be finally marched off. (rticle I3. -fficers are to retain their sidearms. Both officers and soldiers to ,eep their private property of every ,indJ and no part of their ba**a*e or papers to be at any time sub8ect to search or inspection. The ba**a*e and papers of officers and soldiers ta,en durin* the sie*e to be li,ewise preserved for them. It is understood that any property obviously belon*in* to the inhabitants of these States in the
possession of the *arrison shall be sub8ect to be reclaimed. (rticle 3. The soldiers to be ,ept in 3ir*inia 9aryland or %ennsylvania and as much by re*iments as possible and supplied with the same rations of provisions as are allowed to soldiers in the service of (merica. ( fieldofficer from each nation to wit British (nspach and Hessian and other officers on parole in the proportion of one to fifty men to be allowed to reside near their respective re*iments to visit them frequently and be witnesses of their treatmentJ and that their officers may receive and deliver clothin* and other necessaries for them for which passports are to be *ranted when applied for. (rticle 3I. The *eneral staff and other officers not employed as mentioned in the above articles and who choose it to be permitted to *o on parole to +urope to ew or, or to any other (merican maritime posts at present in the possession of the British forces at their own optionJ and proper vessels to be *ranted by the Count de 0rasse to carry them under fla*s of truce to ew or, within ten days from this date if possible and they to reside in a district to be a*reed upon hereafter until they embar,. The officers of the civil department of the army and navy to be included in this article. %assports to *o by land to be *ranted to those to whom vessels cannot be furnished.
(rticle 3II. -fficers to be allowed to ,eep soldiers as servants accordin* 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. (rticle 3III. The Bonetta sloopof war to be equipped and navi*ated by its present captain and crew and left entirely at the disposal of $ord Cornwallis from the hour that the capitulation is si*ned to receive an aiddecamp to carry despatches to Sir Henry ClintonJ and such soldiers as he may thin, proper to send to ew or, to be permitted to sail without e5amination. When his despatches are ready his $ordship en*a*es on his part that the ship shall be delivered to the order of the Count de 0rasse if she escapes the dan*ers of the sea. That she shall not carry off any public stores. (ny part of the crew that may be deficient on her return and the soldiers passen*ers to be accounted for on her delivery. (rticle L. The traders are to preserve their property and to be allowed three months to dispose of or remove themJ 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 havin* the ri*ht of preemption. The traders to be considered as prisoners of war upon parole.
(rticle L. atives or inhabitants of different parts of this country at present in or, or 0loucester are not to be punished on account of havin* 8oined the British army. This article cannot be assented to bein* alto*ether of civil resort. (rticle LI. %roper hospitals to be furnished for the sic, and wounded. They are to be attended by their own sur*eons on paroleJ and they are to be furnished with medicines and stores from the (merican hospitals. The hospital stores now at or, and 0loucester shall be delivered for the use of the British sic, and wounded. %assports will be *ranted for procurin* them further supplies from ew or, as occasion may requireJ and proper hospitals will be furnished for the reception of the sic, and wounded of the two *arrisons. (rticle LII. Wa*ons to be furnished to carry the ba**a*e of the officers attendin* the soldiers and to sur*eons when travellin* on account of the sic, attendin* the hospitals at public e5pense. They are to be furnished if possible. (rticle LIII. The shippin* and boats in the two harbours with all their stores *uns tac,lin* and apparel shall be delivered up in their present state to an officer of the navy appointed to ta,e possession of them previously unloadin* the private property part
of which had been on board for security durin* the sie*e.
more numerous it was moved by 0en. Conway that :a humble
(rticle LI3. o article of capitulation to be infrin*ed on pretence of reprisalsJ and if there be any doubtful e5pressions in it they are to be interpreted accordin* to the common meanin* and acceptation of the words.
address be presented to his "ajesty, that he will be pleased to give directions to his ministers not to pursue any longer the impracticable object of reducing his "ajesty:s revolted colonies by force to their allegiance, by a war on the continent of America.: This
=one at or,town in 3ir*inia -ctober !
brou*ht forth a repetition of the former ar*uments on the sub8ect and en*a*ed the attention of the house till two o'cloc, in the mornin*. -n a division the motion for the address was lost by a sin*le vote... The ministry as well as the nation be*an to be sensible of the impolicy of continental operations but hoped that they mi*ht *ain their point by prosecutin* hostilities at sea. +very opposition was therefore made by them a*ainst the total dereliction 1i.e. abandonment2 of a war on the success of which they had so repeatedly pled*ed themselves and on the continuance of which they held their places. 0eneral Conway in five days after 1;eb. FG2 brou*ht forward another motion e5pressed in different words but to the same effect with that which he had lost be a sin*le vote. This caused a lon* debate which lasted till two o'cloc, in the mornin*. It was then moved to ad8ourn the debate till the !4th of 9arch. There appeared for the ad8ournment F! and a*ainst it F4E. The ori*inal motion and an address to
the )in* formed upon the resolution were then carried without division and the address was ordered to be presented by the whole house. To this his ma8esty answered
:that in pursuance of their advice,
he would ta1e such measures as should appear to him the most conducive to the restoration of harmony, between Great !ritain and the revolted colonies. : The
than,s of the house were voted for this answer. But the *uarded lan*ua*e thereof not inconsistent with farther hostilities a*ainst (mericaJ to*ether with other suspicious circumstances induced 0eneral Conway to move another resolution e5pressed in the most decisive lan*ua*e. This was to the followin* effect that :The house would consider as enemies to his ma8esty and the country all those who should advise or by any means attempt the further prosecution of offensive war on the continent of orth (merica for the purpose of reducin* 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 distin*uish between a prosecution of offensive war in orth (merica and a total dereliction of it. This resolution and the precedin* address to which it had reference may be considered as the closin* scene of the (merican war 1emphasis added2.
The History of the 1erican 3e4olution) Vol. =) 3a1say) ("$/#.
;ootnote The 9ay Treaty
Treaty of (mity Commerce and avi*ation Concluded ovember !< !G
LII. West India tradeJ duties. of citi6ens in war. LIII. +ast India tradeJ duties. LL3II. +5tradition. LI3. Commerce and avi*ation. LL3III. $imitation of (rticle LIIK ratification. His Britannic 9a8esty and the nited States of (merica bein* desirous by a Treaty of amity commerce and navi*ation 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 *ood understandin*J and also to re*ulate the commerce and navi*ation between their respective countries territories and people in such a manner as to render the same reciprocally beneficial and satisfactoryJ they have respectively named their %lenipotentiaries and *iven them full powers to treat of and conclude the said Treaty that is to sayK His Britannic 9a8esty has named for his %lenipotentiary the /i*ht Honorable William Wyndham Baron 0renville of Wotton one of His 9a8esty's %rivy Council and His 9a8esty's %rincipal Secretary of State for ;orei*n (ffairsJ and the %resident of the said nited States by and with the advice and consent of the Senate thereof hath appointed for their %lenipotentiary the Honorable &ohn &ay Chief &ustice of the said nited States
and their +nvoy +5traordinary to His 9a8estyJ Who have a*reed on and concluded the followin* articlesK 3TICLE I.
There shall be a firm inviolable and universal peace and a true and sincere friendship between His Britannic 9a8esty his heirs and successors and the nited States of (mericaJ and between their respective countries territories cities towns and people of every de*ree without e5ception of persons or places. 3TICLE II.
His 9a8esty will withdraw all his troops and *arrisons from all posts and places within the boundary lines assi*ned by the Treaty of peace to the nited States. This evacuation shall ta,e place on or before the first day of &une one thousand seven hundred and ninety si5 and all the proper measures shall in the interval be ta,en by concert between the 0overnment of the nited States and His 9a8esty's 0overnor0eneral in (merica for settlin* the previous arran*ements which may be necessary respectin* the delivery of the said postsK The nited States in the mean time at their discretion e5tendin* their settlements to any part within the said boundary line e5cept within the precincts or 8urisdiction of any of the said posts. (ll settlers and traders within the
precincts or 8urisdiction of the said posts shall continue to en8oy unmo unmole lest sted ed all all thei theirr prop proper erty ty of every ,ind and shall be protected therein. They shall be at full liberty to remain there or to remove with all or any part of their effectsJ effectsJ and it shall also be free to them to sell their lands houses or effects or to retain the property thereof at their disc discre reti tion onJJ such such of them them as shal shalll continue to reside within the said boundary lines shall not be compelled to become citi6ens of the nited States or to ta,e any oath of alle*iance to the 0overnment ther thereo eofJ fJ but but they they shal shalll be at full full liberty so to do if they thin, proper and an d they they shal shalll ma ma,e ,e an and d decl declar aree their election within one year after the the evac evacua uati tion on afor afores esai aid. d. (nd (nd all all pers person onss who who shal shalll cont contin inue ue ther theree after the e5piration of the said year without havin* declared their intent intention ion of remaini remainin* n* sub8ec sub8ects ts of His Brit ritan anni nicc 9a 9a88esty esty shal shalll be cons consid ider ered ed as havin avin** elec electe ted d to become citi6ens of the nited nited States. 3TICLE III.
It is a* a*re reed ed that that it shal shalll at all all times be free to His 9a8esty's sub8ects and to the citi6ens of the nited State ates and also to the Indians dwellin* on either side of the said boundary line freely to pass and repass by land or inland navi na vi**atio ation n into nto the res respect pectiv ivee territories and countries of the two parties on the continent of (merica 1the country within the limits of the Hudson's Bay Company only
e5ce e5cept pted ed.2 .2 an and d to na navi vi*a *ate te all all the the la,es rivers and waters thereof and freely to carry on trade and commerce with each other. But it is understood that this article does not e5tend to the admission of vessels of the nited States into the seaports harb harbou ours rs bays ays or cree cree,,s of His 9a8est 9a8esty's y's said said territ territorie oriesJ sJ nor into into such parts of the rivers in His 9a8es a8estty's y's said said terri errito tori ries es as ar aree between the mouth thereof and the hi*hest port of entry from the sea e5cept in small vessels tradin* bona fide between 9ontreal and Muebec under such re*ulations as shall be established to prevent the possibility of any frauds in this respect. or to the admission of British vessels from the sea into the rivers of the nited States beyond the hi*hest ports of entry for forei*n vessels from the sea. sea. The The rive riverr 9iss 9issis issi sipp ppii shal shall l however accordin* to the Treaty of peace eace be entir ntirel elyy open pen to bot both partiesJ and it is further a*reed that all the ports and places on its eastern side to whichsoever of the part partie iess belo belon* n*in in* * ma mayy free freely ly be resorted to and used by both parties in as ample a manner as any of the (tlantic ports or places of the nited States or any of the ports or places of His 9a8esty in 0reat Britain. (ll (ll *o *ood odss an and d merc mercha hand ndi6 i6ee whose importation into His 9a8esty's said territories in (merica shall not be entirely prohibited may freely for the purposes of commerce be carried into the same in the the man anne nerr afor afores esai aid d by the
citi citi6e 6ens ns of the the nit nited ed Stat States es an and d such *oods and merchandi6e shall be sub8ect to no hi*her or other duties than would be payable by His 9a8esty's sub8ects on the importation of the same from +urope into the said territories. (nd in li,e manner all *oods and merch erchan andi di6e 6e whos whosee impo import rtat atio ion n into the nited States shall not be wholly prohibited may freely for the purposes of commerce be carried into the same in the manner aforesaid by His 9a8esty's sub8ects and an d such such *o *ood odss an and d merc mercha hand ndi6 i6ee shall be sub8ect to no hi*her or other duties than would be payable by the citi6ens of the nited States on the importation of the same in (merican vessels into the (tlantic port portss of the the sai said d Stat States es.. (nd (nd all all *oods not prohibited to be e5ported from the said territories respectively may in li,e manner be carried out of the same by the two parties respectively payin* duty as aforesaid. o duty duty of entry entry shall shall ever ever be levi levied ed by eith either er part partyy on pelt peltri ries es brou*ht by land or inland navi*ation navi*ation into the said territories respectively nor nor shal shalll the the Indi Indian anss pass passin in** or repa repass ssin in** with with thei theirr own own prop proper er *oods and effects of whate atever nature pay for the same any impost or duty uty what hatever ever.. But *o *ooods in bales or other lar*e pac,a*es unusual amon* Indians shall not be considered as *oods belon*in* bona fide to Indians. o hi*her hi*her or other tolls tolls or rates
of ferria*e than what are or shall be payable by natives shall be dema demand nded ed on eith either er side sideJJ an and d no duties shall be payable on any *oods which shall merely be carried over anyy of the port an orta* a*es es or ca carr rryi yin* n* places on either side for the purpose of bein* bein* immed immediat iately ely reemb reembar, ar,ed ed and carried to some other place or places. But as by this stipulation it is only meant to secure to each party a free passa*e across the porta*es on both sides it is a*reed that this e5emp e5emptio tion n from from duty duty shall shall e5tend e5tend only to such *oods as are carried in the usual and direct road across the porta*e and are not attempted to be in any manner sold or e5chan*ed durin urin** thei theirr pas passa* sa*e ac acro ross ss the the same and proper re*ulations may be established to prevent the pos possibi sibili litty of an anyy fra raud udss in this this respect. (s this this arti articl clee is inte intend nded ed to render in a *reat de*ree the local advanta*es of each party common to both and thereby to promote a dispos dispositi ition on favora favorable ble to friend friendshi ship p and *ood nei*hborho nei*hborhood od it is a*reed that the respective 0overnments will mutu mutual ally ly prom promot otee this this am amic icab able le intercourse by causin* speedy and impa impart rtia iall 8ust 8ustic icee to be done done an and d necessary protection to be e5tended to all who may be concerned therein. 3TICLE IV.
Whereas it is uncertain whether the river 9ississippi e5tends so far to the northward as to be intersected by a line to be drawn due west from
the $a,e of the Woods in the manner mentioned in the Treaty of peace between His 9a8esty and the nit nited Stat StateesK it is a* a*re reed ed that that measures shall be ta,en in concert between His 9a8esty's 0overnment in (merica and the 0overnment of the nited States for ma,in* a 8oint survey of the said river from one de*ree of latitude below the falls of St. (nthony to the principal source or sources of the said river and also of the the part partss ad8a ad8ace cent nt ther theret etoJ oJ an and d 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 ne*otiation to re*ulate the boundary line in that quarter as well as all other points to be ad8usted between the said parties acco ac cord rdin in** to 8ust 8ustic icee an and d mutu mutual al convenience and in conformity to the intent of the said Treaty. 3TICLE V.
Wher Wherea eass doub doubts ts have have aris arisen en what river was truly intended under the nam amee of the the riv river St. St. Cr Crooi5 i5 menti entiooned ned in the said said Trea Treatty of peac peace e an and d form formin in** a part part of the the boundary therein describedJ that ques questi tion on shal shalll be refe referr rred ed to the the final decision decision of commission commissioners ers to be appointed in the followin* manner. vi6.K -ne com -ne commissi issiooner ner shal shalll be named by His 9a8esty and one by the %resident of the nited States by and with the advice and consent
of the Senate thereof and the said two two commis commissio sioner nerss shall shall a*r a*ree ee on the choice of a thirdJ or if they cann ca nnot ot so a* a*re ree e they they shal shalll each each propose one person and of the two nam na mes so prop propos osed ed one one shal shalll be drawn by lot in the presence of the two ori*inal Commissioners. (nd the three Commissioners so appointed shall be sworn impart impartial ially ly to e5amin e5aminee and decide decide the said question accordin* to such evidence as shall respectively be laid before them on the part of the British 0overnment and of the nited States. The said Commissioners shall meet at Halif alifa5 a5 an and d shal shalll have have powe powerr to ad8ourn to such other place or places as they shall thin, fit. They shall have power to appoint a Secretary and an d to empl employ oy such such surv survey eyor orss or othe otherr pers person onss as they they shal shalll 8ud* 8ud*ee necessary. The said Commissioners shall by a declaration under their hands and seals decide what river is the river St. Croi5 intended by the Trea Treaty ty.. The The said said decl declar arat atio ion n shal shalll cont contai ain n a desc descri ript ptio ion n of the the said said rive river r an and d shal shalll part partic icul ular ari6 i6ee the the latitude and lon*itude of its mouth and of its source. =uplicates of this declaration and of the statements of their accounts and of the 8ournal of their proceedin*s shall be delivered by them to the a*ent of His 9a8esty and to the a*ent of the nite ited Stat States es who who ma mayy be resp respec ecti tive vely ly appointed and authori6ed to mana*e the business on behalf of the respective 0overnments.
(nd bot both par parties a*r a*ree to consider such decision as final and conclusive so as that the same shall never thereafter be called into ques questi tion on or ma made de the the sub8 sub8ec ectt of dispute or difference between them. 3TICLE VI.
Wherea Whereass it is alle*e alle*ed d by divers divers Brit Britis ish h merc mercha hant ntss an and d othe others rs His His 9a8esty's sub8ects that debts to a consid considera erable ble amount amount which which were were bona fide contracted before the peace still remain owin* to them by citi6ens or inhabitants of the nited 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 8udicial proceedin*s the British cred credit itor orss ca cann nnot ot now now obta obtain in an and d actu ac tual ally ly have have an and d rece receiv ivee full full an and d adeq adequ uate ate com compens pensat atio ion n for for the the losses and dama*es which they have thereby sustainedK It is a*reed that in all such cases where full compen compensat sation ion for such such losses losses and dama* a*ees can ann not for whatever reas reason on be ac actu tual ally ly obta obtain ined ed had had and received received by the said creditors creditors in the ordinary course of 8ustice the nit nited ed Stat States es will will ma,e a,e full full an and d complete compensation for the same to the said creditorsK But it is dist distin inct ctly ly under nderst stoo ood d that that this this provision is to e5tend to such losses only as have been occasioned by the lawful lawful impedime impediments nts aforesaid aforesaid and
is not to e5tend 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 e5istedJ nor to such losses or dama*es as have been occ occasioned by th t he mani ma nife fest st dela delayy or ne*l ne*li* i*en ence ce or wilful omission of the claimant. ;or the purpose purpose of ascertainin* ascertainin* the amount of any such losses and dama*es five Commissioners shall be appointed and authori6ed to to meet and act in manner followin* vi6.K Two of them shall be appointed by His His 9a 9a8e 8est sty y two of them them *y the 8resident 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 fourJ and if they should not a*ree in such choice then the Commis Commissio sioner nerss named named by the two two part partie iess shal shalll resp respec ecti tive vely ly prop propos osee one person and of the two names so proposed one shall be drawn by lot in the presence of the four ori*inal Com omm missi issiooners ners.. When the five five Commissioners thus appointed shall firs firstt meet meet they they shal shall l befo before re they they proceed to act respectively ta,e the followin* oath or affirmation in the presence of each otherJ which oath or affirmation bein* so ta,en and duly attested shall be entered on the record of their proceedin*s vi6.K I (. B. one of the Commissioners appointed in pursuance of the si5th article of the Treaty of (mity Commerce and avi*ation between His Britan ann nic 9a8e a8esty and the nited States of (merica do
solemnly swear 1or affirm2 that I will honestly dili*ently impartially and carefully e5amine and to the best of my 8ud*m 8ud*ment ent accord accordin* in* to 8ustic 8usticee and equity decide all such complaints as under the said article shall be preferred to the said Commiss issione ioners rsKK an and d that that I will ill forbear forbear to act as a Commission Commissioner er 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 appertainin* to the said Commission provided that one of the Commissioners named on each side side an and d the the fift fifth h Comm Commis issi sion oner er shall be present and all decisions shall be made by the ma8ority of the voices of the Commissioners than present. +i*hteen months from the day on which the said Commissioners shall form a board and be ready to proceed to business are assi*ned for receivin* comp compla laint intss an and d appl applic icat atio ions nsJJ but but they are nevertheless authori6ed in any particular cases in which it shall appear to them to be reasonable and 8ust to e5tend the said term of ei*hteen months for any term not e5ce e5ceed edin in** si5 si5 months nths aft after the e5piration thereof. The said Comm Commiss ission ioners ers shall shall first first meet meet at %hil %hilad adel elph phia ia but but they they shal shalll have have power to ad8ourn from place to place as they shall see cause. The The said said Comm Commis issi sion oner erss in e5aminin* the complain aints and applic applicati ations ons so prefer preferred red to them them
are empo are empow wered ered an and d req require uired d in purs pursua uanc ncee of the the true true inte intent nt an and d meanin* of this article to ta,e into their consideration ion all claim aims whether of principal or interest or balances of principal and interest and to determine the same respectively accordin* to the merits of the the sever everal al ca case sess due re*a re*ard rd bein* had to all the circumstances ther thereo eof f an and d as equi equity ty an and d 8ust 8ustic icee shall appear to them to require. (nd the said Commissioners shall have power to e5amine all such persons as shall come before them on oath or affirmation touchin* the premisesJ and an d also also to rece receiv ivee in evid evideence nce accordin* as they may thin, most consistent with equity and 8ustice all written depositions or boo,s or papers or copies or e5tracts thereof every such deposition boo, or paper or copy or e5tract bein* duly authenticated either accordin* to the le*al form now respectively e5istin* in the two countries or in such other manner ner as the said Comm Commis issi sion oner erss shal shalll see see ca caus usee 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 8ustice of the claim and to the amount of the sum to be paid to the creditor or claimantJ and the nited States underta,e to cause the sum so awarded awarded to be paid in specie to such creditor or claimant without deductionJ and at such time or times and at such place or places as shall be awarded by the said
CommissionersJ and on condition of such releases or assi*nments to be *iven by the creditor or claimant as by the said Commissioners may be direct directedK edK %rovid %rovided ed always always that that no such payment shall be fi5ed by the said said Comm Commis issi sion oner erss to ta,e ta,e plac placee sooner than twelve months from the day of the e5chan*e of the ratifications of this Treaty. 3TICLE VII.
Whereas Whereas complaint complaintss have been made ade by dive ivers merc erchan antts and others citi6ens of the nited States that durin* the course of the war in which His 9a8esty is now en*a*ed they they have have sust sustain ained ed cons consid ider erab able le loss losses es an and d dama dama*e *e by reas reason on of irre irre**ular ular or ille ille**al captu apture ress or condemnations of their vessels and other property under color of authority or commissions from His 9a8es a8estty an and d that that fro from var ario iou us circumstances belon*in* to the said cases cases adequa adequate te compen compensat sation ion for the losses and dama*es so sustained cann ca nnot ot now now be ac actu tual ally ly obta obtain ined ed had and received by the ordinary course of 8udicial proceedin*sJ it is a*reed 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 8ustice full and complete compensation for the same will be made by the British 0overnment to the said complainants. But But it is dist distin inct ctly ly unde unders rsto tood od
that this provision is not to e5tend to such losses or dama*es as have been occasioned by the manifest delay or ne*li*ence or wilful omission of the claimant. That for the purpose of ascertainin* the amount of any such losses and dama*es five Commis Commissio sioner nerss shall shall be appoin appointed ted and an d auth author ori6 i6ed ed to ac actt in $o $ond ndon on e5actly in the manner directed with respect to those mentioned in the precedin* article and after havin* ta,en the same oath or affirmation 1mutatis mutandis2 the same term of ei*hteen months is also assi*ned for the reception of claims and they aree in li,e ar li,e ma mann nner er auth author ori6 i6ed ed to e5tend the same in particular cases. They shall receive testimony boo,s pape papers rs an and d evid eviden ence ce in the the same same latitude and e5ercise the li,e disc discre reti tion on and powe powers rs resp respec ecti tin* n* that that sub8 sub8ec ectJ tJ an and d shal shalll decid decidee the the claims in question accordin* to the merits of the several cases and to 8ustice equity and the laws of nati ations. ns. The aw awaard of the said Commissioners or any such three of them as aforesaid shall in all cases be final and conclusive both as to the the 8ust 8ustic icee of the the clai claim m and and the the amount of the sum to be paid to the claimantJ and His Britannic 9a8esty underta,es to cause the same to be paid paid to such such clai claima mant nt in spec specie ie without any deduction at such place or places and at such time or times as shal shalll be aw awar ard ded by the said said Commissioners and on condition of such releases or assi*nments to be *iven by the claimant as by the said
Comm Commis issi sion oner erss ma mayy be dire direct cted ed.. (nd whereas whereas certain certain merchants merchants and others His 9a8esty s sub8ects complain that in the course of the war they have sustained loss and dama*e by reason of the capture of their vessels and merchandise ta,en within the limits and 8urisdiction of the States and brou*ht into the ports of the sam same or ta, ta,en by vesse essells ori*inally ori*inally armed in ports of the said StatesK It is a*reed that in all such cases where restitution shall not have been made a*reeably to the tenor of the letter from 9r. &efferson to 9r. Hammo Hammond nd dated dated at %hilad %hiladelp elphia hia September !G<4 a copy of which is anne5ed to this TreatyJ the comp compla laint intss of the the part parties ies shal shalll be and hereby ar aree referred to the Commissioners to be appointed by virtue of this article who are hereby authori6ed and required to proceed in the li,e manner relative to these as to the other cases committed to themJ and the nited States underta,e 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 Comm Commis issi sion oner ers s and at the the time timess and an d plac places es whic which h in such such aw awar ards ds shall be specifiedJ and on condition of such releases or assi*nments to be *iven by the claimants as in the said awards may be directedK (nd it is further a*reed that not only the now e5istin* cases of both desc descri ript ptio ions ns but but also also all all such such as
shall e5ist at the time of e5chan*in* the ratifications of this Treaty shall be considered as bein* within the provis provision ions s intent intent and meanin meanin** of this article. 3TICLE VIII.
It is furt furthe herr a* a*re reed ed that that the the Commis Commissio sioner nerss menti mentione oned d in this this and an d in the the two two prec preced edin in** arti articl cles es shal shalll be resp respec ecti tive vely ly paid paid in such such manner as shall be a*reed between the two two par arti ties es such such a* a*re reem emen entt bein* to be settled at the time of the e5chan*e of the ratifications of this Treaty. (nd all other e5penses atte attend ndin in** the the said said Comm Commis issi sion onss shall be defrayed 8ointly by the two partie parties s the same same bein* bein* previo previousl uslyy asce ascert rtai aine ned d an and d all allowed owed by the ma8o ma 8ori rity ty of the the Comm Commis issi sion oner ers. s. (nd in the case of death sic,ness 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 ta,e the same oath or affirmation and do the same duties. 3TICLE I@.
It is a*reed that British sub8ects who now hold lands in the territories of the nited States and (merican citi6ens who now hold lands in the dominions of His 9a8esty shall continue to hold them accordin* to the nature and tenure of their respective estates and titles
thereinJ and may *rant sell or devise the same to whom they please in li,e manner as if they were nati na tive vess an and d that that neit neithe herr they they nor nor their heirs or assi*ns shall so far as may respect respect the said lands lands and and the le*al remedies incident thereto be re*arded as aliens. 3TICLE @.
eit eithe herr the the debt debtss due due from from ind individ ividu uals als of the the one one na nattion ion to individuals of the other nor shares nor monies which which they may have in the public funds or in the public or priv privat atee ban an,,s shal shalll ever ever in any event of war or national differences be sequestered or confiscated it bein* un8ust and impolitic that debts debts and en*a*ement en*a*ementss contracted contracted and an d ma made de by indi indivi vidu dual alss havi havin* n* confidence in each other and in their resp respec ecti tive ve 0ove 0overn rnme ment nts s shou should ld ever be destroyed or impaired by nati na tion onal al auth author orit ityy on ac acco coun untt of national differences and discontents. 3TICLE @I.
It is a*reed between His 9a8esty and the nited States of (merica that there shall be a reciprocal and entirely perfect liberty of navi*ation and commerce between their resp respec ecti tive ve peop people le in the the ma mann nner er unde underr the the limi limita tati tion ons s and on the the conditions specified in the followin* articles. 3TICLE @II.
His His 9a 9a8e 8est styy cons consen ents ts that that it shall and may be lawful durin* the time time here herein inaf afte terr limi limite ted d for for the the citi6ens of the nited States to carry to any of His 9a8esty's islands and ports in the West Indies from the nited States in their own vessels not not bein* ein* abo above the burt urthen hen of seventy tons any *oods or merchandi6es bein* of the *rowth 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 Briti itish vesselsJ and that the said (merican vessels shall be sub8ect there to no other or hi*her tonna*e duties or char char*e *ess than than shal shalll be paya payabl blee by British vessels in the ports of the nited StatesJ and that the car*oes of the said (merican vessels shall be sub8ect there to no other or hi*her duties or char*es than shall be payable on the li,e articles if imported there from the said States in British vessels. (nd His 9a8esty 9a8esty also consents consents that it shall be lawful for the said (merican citi6ens to purchase load and carry away in their said vessels to the nited States from the said islands and ports all such articles bein* of the *rowth manufacture or produce of the said islands as may now by law be carried from thence to the said States in British vessels and sub8ect only to the same duties and an d char char**es on e5po e5port rtat atio ion n to which British vessels and their car*oes are or shall be sub8ect in similar circumstances.
%rovid %rovided ed always always that that the said said (merican vessels do carry and land their car*oes in the nited States only it bein* e5pressly a*reed and declared that durin* the cont contin inu uan ancce of this this ar arti ticl cle e the nit nited Stat States es will ill pro prohibi hibitt and restrain the carryin* any molasses su*a su*ar r coff coffee ee coco cocoaa or cott cotton on in (merican vessels either from His 9a8esty's islands or from the nited States to any part of the world e5cept the nited States reasonable seastores e5cepted. %rovid %rovided ed also also that that it shall shall and may be law awfful ul durin* rin* the sam same period for British vessels to import from the said islands into the nited States and to e5po 5port from the nited States to the said islands all articles whatever bein* of the *rowth produce or manufacture of the said islands or of the nited Stat States es resp respec ecti tive vely ly whi which ch now now may by the laws of the said States be so imported and e5ported. (nd that the car*oes of the said British vessels shall be sub8ect to no other or hi*h hi*her er duti duties es or char char*e *es s than than shall be payable on the same articles if so imported or e5ported in (merican vessels. vessels. It is a*reed that this article article and ever everyy matt atter an and d thin* hin* there herein in contained shall continue to be in force durin* the continuance of the war in which His 9a8esty is now en*a*edJ and also for two years from and after the date of the si*nature of the preliminary or other articles of
peace by which the same may be terminated. (nd it is further further a*reed a*reed that that at the e5piration of the said term the two contractin* parties will endeavour further to re*ulate their commerce in this respect accordin* to the situation in which His 9a8esty may then find himself with respect to the West Indies and with a view to such arran*ements as may best cond conduc ucee to the the mutu mutual al adva advant nta* a*ee and e5tension of commerce. (nd the said said part partie iess will will then then also also rene renew w their discussions and endeavour to a*re a* ree e whet hether her in an anyy an and d what cases neutral vessels shall protect enemy's propertyJ and in what cases prov provis isio ions ns an and d othe otherr arti articl cles es not not *enerally contraband may become such. But in the mean time their conduct towards each other in these respects shall be re*ulated by the articles hereinafter inserted on those sub8ects. 3TICLE @III.
His His 9a8est 9a8estyy consen consents ts that that the vessels belon*in* to the citi6ens of the nited States of (merica shall be admitted and hospitably received in all the seaports and harbors of the British territories in the +ast Indies. (nd that the citi6ens of the said nited States may freely carry on a trad tradee betw betwee een n the the said said terr territ itor orie iess and the said nited States in all articles of which the importation or e5portation respectively to or from the the said said terr territ itor orie ies s shal shalll not not be entire entirely ly prohibi prohibited ted.. %rovid %rovided ed only only
that it shall not be lawful for them in any time of war between the British 0overnment and any other %ower or State whatever to e5port from the said territories without the special permission of the British 0ove 0overn rnme ment nt ther there e an anyy mili milita tary ry stores or naval stores or rice. The citi citi6e 6ens ns of the the nit nited ed Stat States es shal shalll pay for their vessels when admitted into the said ports no other or hi*her tonna*e duty than shall be paya payabl blee on Brit Britis ish h vess vessel elss when when admitted into the ports of the nited States. (nd they shall pay no other or hi*her duties or char*es on the the impo import rtat atio ion n or e5po e5port rtat atio ion n of the car*oes of the said vessels than shall be payable on the same articles when imported or e5ported in Brit Britis ish h vess vessel els. s. But But it is e5pr e5pres essl slyy a*reed that the vessels of the nited Stat Statees shal shalll not not ca carr rryy an anyy of the articles e5ported by them from the said British territories to any port or place e5cept to some port or place in (merica where the same shall be unladen and such re*ulations shall be adopted by both parties as shall from time to time be found nece necess ssary ary to enfo enforc rcee the the due due an and d faithful observance of this stip stipul ulat atio ion. n. It is also also unde unders rsto tood od that the permission *ranted by this article is not to e5tend to allow the vessels of the nited States to carry on any part of the coastin* trade of the said said Brit Britis ish h terr territ itor orie iesJ sJ but vessels *oin* with their ori*inal car*oes or part thereof from one port of dischar*e to another are not to be considered as carryin* on the coastin* trade. either is this article
to be construed construed to allow the citi6ens citi6ens of the said States to settle or reside within the said territories or to *o into the interior ior par artts thereof without the permission of the Brit Britis ish h 0ove 0overn rnme ment nt esta establ blis ishe hed d there hereJJ and if any tran trans* s*re ress ssio ion n shou should ld be atte attemp mpte ted d a* a*ai ains nstt the the re*ulations of the British 0ove 0overn rnme ment nt in this this resp respec ect t the the obse observ rvan ance ce of the the same same shal shalll an and d may be enforced a*ainst the citi6ens of (merica in the same manner as a*ai a* ains nstt Brit Britis ish h sub8 sub8ec ects ts or othe others rs trans*ressin* the same rule. (nd the citi6ens of the nited States whenever they arrive in any port or harbour in the said territories or if they should be permitted in manner aforesaid to *o to any other place therein shall always be sub8ect to the laws *overnment and 8urisdiction of what nature established in such harbor port pr place accordin* as the same may be. The The citi citi6e 6ens ns of the the nit nited ed Stat States es may also touch for refreshment at the island of St. Helena but sub8ect in all respects to such re*ulations as the British 0overnment may from time to time establish there. 3TICLE @IV.
There There shall shall be betwee between n all the dominions of His 9a8esty in +urope and an d the the terr territ itor orie iess of the the nit nited ed States a reciprocal and perfect liberty of commerce and navi*ation. The people and inhabitants of the two two coun countr tries ies resp respec ecti tive vely ly shal shalll have liberty freely and securely and without hindrance and molestation
to come with their ships and car*oes to the lands countries cities ports places and rivers within the dominions and territories aforesaid to ente enterr into into the the same same to reso resort rt there here an and d to rem remain ain an and d resi resid de ther there e with withou outt an anyy lim limitat itatio ion n of time. (lso to hire and possess house ousess an and d war areh ehoouses uses for for the the purp purpos oses es of thei theirr comm commer erce ce an and d *enerally the merchants and traders on each side shall en8oy the most complete protection and security for their commerceJ but sub8ect always as to what respects this article to the laws and statutes of the two countries respectively. 3TICLE @V.
It is a*reed that no other or hi*h 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 li,e vessels or merc mercha hand ndi6 i6ee of all all othe otherr na nati tion ons. s. or shall any other or hi*her duty be imposed in one country on the impo import rtat atio ion n of an anyy ar artticle icless the the *rowth produce or manufacture of the other than are or shall be payable on the importation of the li,e li,e ar arti ticl cles es bein bein** of the the *r *row owth th produce or manufacture of any other forei*n country. or shall any prohibition ion be imposed on the e5port e5portati ation on or import importatio ation n of any articles to or from the territories of the two parties respectively which shall not equally e5tend to all other nations. But But the the Brit Britis ish h 0ove 0overn rnme ment nt
reserves to itself the ri*ht of imposin* on (merica ican vessels ente enteri rin* n* into into the the Brit Britis ish h port portss in +urope a tonna*e duty equal to that which shall be payable by British vessels in the ports of (mericaJ and also such duty as may be adequate adequate to counterva countervail il the differenc differencee of duty now payable on the importation of +uropean and (siatic *oods when imported into the nited States in British or in (merican vessels The two parties a*ree to treat for the more e5act equali6ation of the duties on the respective navi*ation of their sub8ects and people in such manner as may be most beneficial to the two countries. The arr arran*ements for for thi this purpose shall be made at the same time time with with thos thosee ment mentio ioned ned at the the conclusion of the twelfth article of this Treaty and are to be considered as a part thereof. In the interval it is a*reed that the nited States will not impose any new or additional tonna* tonna*ee duties duties on Britis British h vessel vessels s nor nor incr increa ease se the now nowsubs subsiistin stin** difference between the duties payable on the importation of any arti articl cles es in Brit Britis ish h or in (mer (meric ican an vessels. 3TICLE @VI.
It shal shalll be free ree for the two contractin* parties respectively to appoint Consuls for the protection of trade to reside in the dominions and an d terr territ itor orie iess afor afores esai aidJ dJ an and d the the said Consuls shall en8oy those
liberties and ri*hts which belon* 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 sentJ and it is hereby declared to be lawful and proper that in case of ille*al or improper conduct towards the laws or 0overnment a Consul may either be punished accordin* to law if the laws will reach the case or be dismissed or even sent bac, the offended 0overnment assi*nin* to the other their reasons for the same. +ither of the parties may e5cept from the residence of Consuls such particular places as such party shall 8ud*e proper to be so e5cepted. 3TICLE @VII.
It is a*reed that in all cases where vessels shall be captured or detained on 8ust suspicion of havin* on board enemy's property or of carryin* to the enemy any of the articles which are contraband of war the said vessels shall be brou*ht to the nearest or most convenient portJ and if any property of an enemy should be found on board such vessel that part only which belon*s to the enemy shall be made pri6e and the vessel shall be at liberty to proceed with the remainder without any impediment. (nd it is a*reed that all proper measures shall be ta,en to prevent delay in decidin* the cases of ships or car*oes so brou*ht in for ad8udication and in the payment or
recovery of any indemnification ad8ud*ed or a*reed to be paid to the masters or owners of such ships. 3TICLE @VIII.
In order to re*ulate what is in future to be esteemed contraband of war it is a*reed that under the said denomination shall be comprised all arms and implements servin* for the purposes of war by land or sea such as cannon mus,ets mortars petards bombs *renades carcasses saucisses carria*es for cannon mus,etrests bandoliers *unpowder match saltpetre ball pi,es swords headpieces cuirasses halberts lances 8avelins horsefurniture holsters belts and *enerally all other implements of war as also timber for shipbuildin* tar or ro6in copper in sheets sails hemp and corda*e and *enerally whatever may serve directly to the equipment of vessels unwrou*ht iron and fir plan,s only e5cepted and all the above articles are hereby declared to be 8ust ob8ects of confiscation whenever they are attempted to be carried to an enemy. (nd whereas the difficulty of a*reein* on the precise cases in which alone provisions and other articles not *enerally contraband may be re*arded as such renders it e5pedient to provide a*ainst the inconveniences and misunderstandin*s which mi*ht thence ariseK It is further a*reed that whenever any such articles so becomin* contraband accordin* to
the e5istin* laws of nations shall for that reason be sei6ed the same shall not be confiscated but the owners thereof shall be speedily and completely indemnifiedJ and the captors or in their default the 0overnment 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 to*ether with the frei*ht and also the demurra*e incident to such detention. (nd whereas it frequently happens that vessels sail for a port or place belon*in* to an enemy without ,nowin* that the same is either besie*ed bloc,aded or invested it is a*reed that every vessel so circumstanced may be turned away from such port or placeJ but she shall not be detained nor her car*o if not contraband be confiscated unless after notice she shall a*ain attempt to enter but she shall be permitted to *o to any other port or place she may thin, properJ nor shall any vessel or *oods of either party that may have entered into such port or place before the same was besie*ed bloc,aded 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. 3TICLE @I@.
(nd that more abundant care may be ta,en for the security of the
respective sub8ects and citi6ens of the contractin* parties and to prevent their sufferin* in8uries by the menofwar or privateers of either party all commanders of ships of war and privateers and all others the said sub8ects and citi6ens shall forbear doin* any dama*e to those of the other party or committin* any outra*e a*ainst them and if they act to the contrary they shall be punished and shall also be bound in their persons and estates to ma,e satisfaction and reparation for all dama*es and the interest thereof of whatever nature the said dama*es may be. ;or this cause all commanders of privateers before they receive their commissions shall hereafter be obli*ed to *ive before a competent 8ud*e sufficient security by at least two responsible sureties who have no interest in the said privateer each of whom to*ether with the said commander shall be 8ointly and severally bound in the sum of fifteen hundred pounds sterlin* or if such ships be provided with above one hundred and fifty seamen or soldiers in the sum of three thousand pounds sterlin* to satisfy all dama*es and in8uries which the said privateer or her officers or men or any of them may do or commit durin* their cruise contrary to the tenor of this Treaty or to the laws and instructions for re*ulatin* their conductJ and further that in all cases of a**ressions the said
commissions shall be revo,ed and annulled. It is also a*reed that whenever a 8ud*e of a court of admiralty of either of the parties shall pronounce sentence a*ainst any vessel or *oods or property belon*in* to the sub8ects or citi6ens of the other party a formal and duly authenticated copy of all the proceedin*s 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 payin* all le*al fees and demands for the same. 3TICLE @@.
It is further a*reed that both the said contractin* 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 brin* to condi*n punishment all such inhabitants as shall be *uilty of such acts or offences. (nd all their ships with the *oods or merchandi6es ta,en by them and brou*ht into the port of either of the said parties shall be sei6ed as far as they can be discovered and shall be restored to the owners or their factors or a*ents duly deputed and authori6ed in writin* by them 1proper evidence bein* first *iven in the court of admiralty for provin* the property2 even in case such
effects should have passed into other hands by sale if it be proved that the buyers ,new or had *ood reason to believe or suspect that they had been piratically ta,en. 3TICLE @@I.
It is li,ewise a*reed that the sub8ects and citi6ens of the two nations shall not do any acts of hostility or violence a*ainst each other nor accept commissions or instructions so to act from any forei*n %rince or State enemies to the other partyJ nor shall the enemies of one of the parties be permitted to invite or endeavor to enlist in their military service any of the sub8ects or citi6ens of the other partyJ and the laws a*ainst all such offences and a**ressions shall be punctually e5ecuted. (nd if any sub8ect or citi6en of the said parties respectively shall accept any forei*n commission or letters of marque for armin* any vessel to act as a privateer a*ainst the other party and be ta,en by the other party it is hereby declared to be lawful for the said party to treat and punish the said sub8ect or citi6en havin* such commission or letters of marque as a pirate. 3TICLE @@II.
It is e5pressly stipulated that neither of the said contractin* parties will order or authori6e any acts of reprisal a*ainst the other on complaints of in8uries or dama*es until the said party shall first have
presented to the other a statement thereof verified by competent proof and evidence and demanded 8ustice and satisfaction and the same shall either have been refused or unreasonably delayed. 3TICLE @@III.
The ships of war of each of the contractin* parties shall at all times be hospitably received in the ports of the other their officers and crews payin* due respect to the laws and 0overnment 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. (nd His 9a8esty consents that in case an (merican vessel should by stress of weather dan*er from enemies or other misfortune be reduced to the necessity of see,in* shelter in any of His 9a8esty's ports into which such vessel could not in ordinary cases claim to be admitted she shall on manifestin* that necessity to the satisfaction of the 0overnment of the place be hospitably received and be permitted to refit and to purchase at the mar,et price such necessaries as she may stand in need of conformably to such orders and re*ulations at the 0overnment of the place havin* respect to the circumstances of each case shall prescribe. She shall not be allowed
to brea, bul, or unload her car*o unless the same should be bona fide necessary to her bein* refitted. or shall be permitted to sell any part of her car*o unless so much only as may be necessary to defray her e5pences and then not without the e5press permission of the 0overnment of the place. or shall she be obli*ed to pay any duties whatever e5cept only on such articles as she may be permitted to sell for the purpose aforesaid. 3TICLE @@IV.
It shall not be lawful for any forei*n privateers 1not bein* sub8ects or citi6ens of either of the said parties2 who have commissions from any other %rince 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 ta,en nor in any other manner to e5chan*e the sameJ nor shall they be allowed to purchase more provisions than shall be necessary for their *oin* to the nearest port of that %rince or State from whom they obtained their commissions. 3TICLE @@V.
It shall be lawful for the ships of war and privateers belon*in* to the said parties respectively to carry whithersoever they please the ships and *oods ta,en from their enemies without bein* obli*ed to pay any fee to the officers of the admiralty or to any 8ud*es whateverJ nor shall the said pri6es when they arrive at and
enter the ports of the said parties be detained or sei6ed neither shall the searchers or other officers of those places visit such pri6es 1e5cept for the purpose of preventin* the carryin* of any of the car*o thereof on shore in any manner contrary to the established laws of revenue navi*ation or commerce2 nor shall such officers ta,e co*ni6ance of the validity of such pri6esJ but they shall be at liberty to hoist sail and depart as speedily as may be and carry their said pri6es to the place mentioned in their commissions or patents which the commanders of the said ships of war or privateers shall be obli*ed to show. o shelter or refu*e shall be *iven in their ports to such as have made a pri6e upon the sub8ects or citi6ens of either of the said partiesJ but if forced by stress of weather or the dan*ers of the sea to enter therein particular care shall be ta,en to hasten their departure and to cause them to retire as soon as possible. othin* in this Treaty contained shall however be construed or operate contrary to former and e5istin* public treaties with other soverei*ns or States. But the two parties a*ree that while they continue in amity neither of them will in future ma,e any treaty that shall be inconsistent with this or the precedin* article. either of the said parties shall permit the ships or *oods belon*in* to the sub8ects or citi6ens of the other to be ta,en within cannon shot of the coast nor in any of the bays ports or rivers of their territories by
ships of war or others havin* commission from any %rince /epublic or State whatever. But in case it should so happen the party whose territorial ri*hts shall thus have been violated shall use his utmost endeavors to obtain from the offendin* party full and ample satisfaction for the vessel or vessels so ta,en whether the same be vessels of war or merchant vessels. 3TICLE @@VI.
If at any time a rupture should ta,e place 1which 0od forbid2 between His 9a8esty and the nited States and merchants and others of each of the two nations residin* in the dominions of the other shall have the privile*e of remainin* and continuin* their trade so lon* as they behave peaceably and commit no offence a*ainst the lawsJ and in case their conduct should render them suspected and the respective 0overnments should thin, 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 e5tended to those who shall act contrary to the established lawsJ and for *reater certainty it is declared that such rupture shall not be deemed to e5ist while ne*otiations for accommodatin* differences shall be dependin* nor until the respective (mbassadors or 9inisters if such there shall be shall be recalled or sent home on account of such
differences and not on account of personal misconduct accordin* to the nature and de*rees of which both parties retain their ri*hts either to request the recall or immediately to send home the (mbassador or 9inister of the other and that without pre8udice to their mutual friendship and *ood understandin*. 3TICLE @@VII.
It is further a*reed that His 9a8esty and the nited States on mutual requisitions by them respectively or by their respective 9inisters or officers authori6ed to ma,e the same will deliver up to 8ustice all persons who bein* char*ed with murder or for*ery committed within the 8urisdiction of either shall see, an asylum within any of the countries of the other provided that this shall only be done on such evidence of criminality as accordin* to the laws of the place where the fu*itive or person so char*ed shall be found would 8ustify his apprehension and commitment for trial if the offence had there been committed. The e5pence of such apprehension and delivery shall be borne and defrayed by those who made the requisition and receive the fu*itive. 3TICLE @@VIII.
It is a*reed that the first ten articles of this Treaty shall be permanent and that the subsequent articles e5cept 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 e5chan*ed but sub8ect to this condition. That whereas the said twelfth article will e5pire by the limitation therein contained at the end of two years from the si*nin* of the preliminary or other articles of peace which shall terminate the present war in which His 9a8esty is en*a*ed it is a*reed that proper measures shall by concert be ta,en for brin*in* the sub8ect of that article into amicable Treaty and discussion so early before the e5piration of the said term as that new arran*ements on that head may by that time be perfected and ready to ta,e place. But if it should unfortunately happen that His 9a8esty and the nited States should not be able to a*ree on such new arran*ements in that case all the articles of this Treaty e5cept the first ten shall then cease and e5pire to*ether. $astly. This Treaty when the same shall have been ratified by His 9a8esty and by the %resident of the nited States by and with the advice and consent of their Senate and the respective ratifications mutually e5chan*ed shall be bindin* and obli*atory on His 9a8esty and on the said States and shall be by them respectively e5ecuted and observed with punctuality and the most sincere re*ard to *ood faithJ and whereas it will be e5pedient 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 a*reed that the said parties will from time to time readily treat of and concernin* 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 friendshipJ and that the said articles after havin* been duly ratified shall be added to and ma,e a part of this Treaty. In faith whereof we the undersi*ned 9inisters %lenipotentiary of His 9a8esty the )in* of 0reat Britain and the nited States of (merica have sin*ed this present Treaty and have caused to be affi5ed thereto the seal of our arms. =one at $ondon this nineteenth day of ovember one thousand seven hundred and ninetyfour. 1S+($.2 0/+3I$$+. 1S+($.2 &-H &(
. Letter fro1 Tho1as 9efferson
to :eorge Ha11ond.
%HI$(=+$%HI( !G<4.
September
SirK I am honored with yours of (u*ust 4. 9ine of the Gth of that month assured you that measures were ta,en for e5cludin* 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 pri6es the $ovely $ass %rince William Henry and the &ane of =ublinJ and that should the measures for restitution fail in their effect the %resident considered it as incumbent on the nited States to ma,e compensation for the vessels. We are bound by our treaties with three of the belli*erent 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 ri*ht owners when ta,en 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 ma,e compensation. Thou*h we have no similar treaty with 0reat Britain it was the opinion of the %resident that we should use towards that nation the same rule which under this article was to *overn us with the other nationsJ and even to e5tend it to captures made on the hi*h seas and brou*ht into our ports f done by
vessels which had been armed within them. Havin* for particular reasons forbore to use all the means in our power for the restitution of the three vessels mentioned in my letter of (u*ust Gth the %resident thou*ht it incumbent on the nited States to ma,e compensation for themJ and thou*h nothin* was said in that letter of other vessels ta,en under li,e circumstances and brou*ht in after the th of &une and before the date of that letter yet when the same forbearance had ta,en place it was and is his opinion that compensation would be equally due. (s to pri6es made under the same circumstances and brou*ht in after the date of that letter the %resident 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 ma,e compensation to the other %owers in the analo*ous case he did not mean to *ive an opinion that it ou*ht to be done to 0reat Britain. But still if any cases shall arise subsequent to that date the circumstances of which shall place them on similar *round with those before it the %resident would thin, compensation equally incumbent on the nited States. Instructions are *iven to the 0overnors of the different States to use all the means in their power for restorin* pri6es of this last
description found within their ports. Thou*h they will of course ta,e measures to be infomed of them and the 0eneral 0overnment has *iven them the aid of the customhouse officers for this purpose yet you will be sensible of the importance of multiplyin* the channels of their infomation as far as shall depend on yourself or any person under your direction or order that the 0overnors may use the means in their power for ma,in* restitution. Without ,nowled*e of the capture they cannot restore it. It will always be best to *ive the notice to them directlyJ but any infomation which you shall be pleased to send to me also at any time shall be forwarded to them as quic,ly as distance will permit. Hence you will perceive sir that the %resident contemplates restitution or compensation in the case before the Gth of (u*ustJ and after that date restitution if it can be effected by any means in our power. (nd that it will be important that you should substantiate the fact that such pri6es are in our ports or waters. our list of the privateers illicitly armed in our ports is I believe correct. With respect to losses by detention waste spoilation sustained by vessels ta,en as before mentioned between the dates of
&une th and (u*ust Gth 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 car*o at the time of her capture and of her arrival in the port into which she is brou*ht accordin* to their value in that port. If this shall be a*reeable to you and you will be pleased to si*nify it to me with the names of the pri6es understood to be of this description instructions will be *iven accordin*ly to the Collector of the Customs where the respective vessels are. I have the honor to be Pc. THK &+;;+/S-. 0+-K H(99-= +sq. DDITI!'L 3TICLE.
It is further a*reed between the said contractin* parties that the operation of so much of the twelfth article of the said Treaty as respects the trade which his said 9a8esty thereby consents may be carried on between the nited States and his islands in the West Indies in the manner and on the terms and conditions therein specified shall be suspended. !G<#. +L%$((T-/ (/TIC$+ T- TH+ THI/= (/TIC$+ -; TH+ T/+(T -; -3+9B+/ !< !G
%(SS (= /+%(SS TH+ B-/=+/S (= T- C(// - T/(=+ (= C-99+/C+. Concluded 9ay E !G<#J /atification advised by Senate 9ay < !G<#. Whereas by the third article of the Treaty of amity commerce and navi*ation concluded at $ondon on the nineteenth day of ovember one thousand seven hundred and ninetyfour between His Britannic 9a8esty and the nited States of (merica it was a*reed that is should at all times be free to His 9a8esty's sub8ects and to the citi6ens of the nited States and also to the Indians dwellin* on either side of the boundary line assi*ned by the Treaty of peace to the nited States freely to pass and repass by land or inland navi*ation into the respective territories and countries of the two contractin* parties on the continent of (merica 1the country within the limits of the Hudson's Bay Company only e5cepted2 and to navi*ate all the la,es rivers and waters thereof and freely to carry on trade and commerce with each other sub8ect to the provisions and limitations contained in the said articleK (nd whereas by the ei*hth article of the Treaty of peace and friendship concluded at 0reenville on the third day of (u*ust one thousand seven hundred and ninety five between the nited States and the nations or tribes of Indians called the Wyandots =elawares Shawanoes -ttawas Chippewas
%utawatimies 9iamis +el /iver Weeas )ic,apoos %ian,ashaws and )as,as,ias it was stipulated that no person should be permitted to reside at any of the towns or the huntin* camps of the said Indian tribes as a trader who is not furnished with a licence for that purpose under the authority of the nited StatesK Which latter stipulation has e5cited doubts whether in its operation it may not interfere with the due e5ecution of the third article of the Treaty of amity commerce and navi*ationK (nd it bein* the sincere desire of His Britannic 9a8esty and of the nited States that this point should be so e5plained as to remove all doubts and promote mutual satisfaction and friendshipK (nd for this purpose His Britannic 9a8esty havin* named for his Commissioner %hineas Bond +squire His 9a8esty's Consul0eneral for the 9iddle and Southern States of (merica 1and now His 9a8esty's Char*Q d'(ffaires to the nited States2 and the %resident of the nited States havin* named for their Commissioner Timothy %ic,erin* +squire Secretary of State of the nited States to whom a*reeably to the laws of the nited States he has intrusted this ne*otiationK They the said Commissioners havin* 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 navi*ation entered into this e5planatory article
and do by these presents e5plicitly a*ree and declare that no stipulations in any treaty subsequently concluded by either of the contractin* parties with any other State or nation or with any Indian tribe can be understood to dero*ate in any manner from the ri*hts of free intercourse and commerce secured by the aforesaid third article of the Treaty of amity commerce and navi*ation to the sub8ects of his 9a8esty and to the citi6ens of the nited States and to the Indians dwellin* on either side of the boundary line aforesaidJ but that all the said persons shall remain at full liberty freely to pass and repass by land or inland navi*ation into the respective territories and countries of the contractin* parties on either side of the said boundary line and freely to carry on trade and commerce with each other accordin* to the stipulations of the said third article of the Treaty of amity commerce and navi*ation. This e5planatory article when the same shall have been ratified by His 9a8esty and by the %resident of the nited States by and with the advice and consent of their Senate and the respective ratifications mutually e5chan*ed shall be added to and ma,e a part of the said Treaty of amity commerce and navi*ation and shall be permanently bindin* upon His 9a8esty and the nited States. In witness whereof we the said Commissioners of His 9a8esty the
)in* of 0reat Britain and the nited States of (merica have si*ned this present e5planatory article and thereto affi5ed our seals. =one at %hiladelphia this fourth day of 9ay in the year of our $ord one thousand seven hundred and ninetysi5. 1S+($.2 %. B-=. 1S+($.2 TI9-TH %IC)+/I0. !G<". +L%$((T-/ (/TIC$+ T- TH+ T/+(T -; -3+9B+/ !< !G
promote mutual satisfaction and friendshipJ and that such articles after havin* been duly ratified should be added to and ma,e a part of that TreatyK (nd whereas difficulties have arisen with respect to the e5ecution of so much of the fifth article of the said Treaty as requires that the Commissioners appointed under the same should in their description particulari6e the latitude and lon*itude of the source of the river which may be found to be the one truly intended in the Treaty of peace between His Britannic 9a8esty and the nited States under the name of the river St. Croi5 by reason whereof it is e5pedient that the said Commissioners should be released from the obli*ation of conformin* to the provisions of the said article in this respect. The undersi*ned bein* respectively named by His Britannic 9a8esty and the nited States of (merica their %lenipotentiaries for the purpose of treatin* of and concludin* such articles as may be proper to be added to the said Treaty in conformity to the above mentioned stipulation and havin* communicated to each other their respective full powers have a*reed and concluded and do hereby declare in the name of His Britannic 9a8esty and of the nited States of (merica that the Commissioners appointed under the fifth article of the above mentioned Treaty shall not be obli*ed to particulari6e in their description the latitude and lon*itude 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. Croi5 but they shall be at liberty to describe the said river in such other manner as they may 8ud*e e5pedient which description shall be considered as a complete e5ecution of the duty required of the said Commissioners in this respect by the article aforesaid. (nd to the end that no uncertainty may hereafter e5ist on this sub8ect it is further a*reed that as soon as may be after the decision of the said Commissioners measures shall be concerted between the 0overnment of the nited States and His Britannic 9a8esty's 0overnors or $ieutenant 0overnors in (merica in order to erect and ,eep in repair a suitable monument at the place ascertained and described to be the source of the said river St. Croi5 which measures shall immediately thereupon and as often afterwards as may be requisite be duly e5ecuted on both sides with punctuality and *ood faith. This e5planatory article when the same shall have been ratified by His 9a8esty and by the %resident of the nited States by and with the advice and consent of their Senate and the respective ratifications mutually e5chan*ed shall be added to and ma,e a part of the Treaty of amity commerce and navi*ation between His 9a8esty and the nited States si*ned at $ondon on the nineteenth day of ovember one thousand seven hundred and ninetyfour and shall be
permanently bindin* upon His 9a8esty and the nited States. In witness whereof we the said undersi*ned %lenipotentiaries of His Britannic 9a8esty and the nited States of (merica have si*ned this present article and have caused to be affi5ed thereto the seal of our arms. =one at $ondon this fifteenth day of 9arch one thousand seven hundred and ninetyei*ht. 1S+($.2 /;S
0/+3I$$+. )I0.
1S+($.2
Footnote (
"%"> Treaty of :hent "%"> to end the 5ar !f "%"=
Treaty of %eace and (mity between His Britannic 9a8esty and the nited States of (merica Concluded at 0hent =ecember FE !"!EJ /atification (dvised by Senate ;ebruary !# !"!J /atified by %residentJ ;ebruary !G !"!J /atifications +5chan*ed at Washin*ton ;ebruary !G !"!J %roclaimed ;ebruary !" !"!. His Britannic 9a8esty and the nited States of (merica desirous of terminatin* the war which has unhappily subsisted between the two countries and of restorin* upon principles of perfect reciprocity peace friendship and *ood understandin* between them have for that purpose appointed
their respective %lenipotentiaries that is to sayK His Britannic 9a8esty on his part has appointed the /i*ht Honorable &ames $ord 0ambier late (dmiral of the White now (dmiral of the /ed Squadron of His 9a8esty's fleet Henry 0oulburn +squire a member of the Imperial %arliament and nder Secretary of State and William (dams +squire =octor of Civil $awsJ and the %resident of the nited States by and with the advice and consent of the Senate thereof has appointed &ohn Muincy (dams &ames (. Bayard Henry Clay &onathan /ussell and (lbert 0allatin citi6ens of the nited StatesJ Who after a reciprocal communication of their respective full powers have a*reed upon the followin* articlesK
rticle I
There shall be a firm and universal peace between His Britannic 9a8esty and the nited States and between their respective countries territories cities towns and people of every de*ree without e5ception of places or persons. (ll hostilities both by sea and land shall cease as soon as this Treaty shall have been ratified by both parties as hereinafter mentioned. (ll territory places and possessions whatsoever ta,en by either party from the other durin* the war or which may be ta,en after the si*nin*
of this Treaty e5ceptin* only the islands hereinafter mentioned shall be restored without delay and without causin* any destruction or carryin* away any of the artillery or other public property ori*inally captured in the said forts or places and which shall remain therein upon the e5chan*e of the ratifications of this Treaty or any slaves or other private property. (nd all archives records deeds and papers either of a public nature or belon*in* 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 belon*. Such of the islands in the Bay of %assamaquoddy 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 e5chan*e of the ratifications of this Treaty until the decision respectin* the title to the said islands shall have been made in conformity with the fourth article of this Treaty. o 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 ri*ht of either. rticle II
Immediately after the ratifications of this Treaty by both parties as hereinafter mentioned
orders shall be sent to the armies squadrons officers sub8ects and citi6ens of the two %owers to cease from all hostilities. (nd to prevent all causes of complaint which mi*ht arise on account of the pri6es which may be ta,en at sea after the said ratifications of this Treaty it is reciprocally a*reed that all vessels and effects which may be ta,en after the space of twelve days from the said ratifications upon all parts of the coast of orth (merica from the latitude of twentythree de*rees north to the latitude of fifty de*rees north and as far eastward in the (tlantic -cean as the thirtysi5th de*ree of west lon*itude from the meridian of 0reenwich shall be restored on each sideK that the time shall be thirty days in all other parts of the (tlantic -cean north of the equinoctial line or equator and the same time for the British and Irish Channels for the 0ulf of 9e5ico and all parts of the West IndiesJ forty days for the orth Seas for the Baltic and for all parts of the 9editerraneanJ si5ty days for the (tlantic -cean south of the equator as far as the latitude of the Cape of 0ood HopeJ ninety days for every other part of the world south of the equatorJ and one hundred and twenty days for all other parts of the world without e5ception. rticle III
(ll prisoners of war ta,en 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 payin* the debts which they may have contracted durin* their captivity. The two contractin* parties respectively en*a*e to dischar*e in specie the advances which may have been made by the other for the sustenance and maintenance of such prisoners. rticle IV
Whereas it was stipulated by the second article in the Treaty of peace of one thousand seven hundred and ei*htythree between His Britannic 9a8esty and the nited States of (merica that the boundary of the nited States should comprehend all islands within twenty lea*ues of any part of the shores of the nited States and lyin* between lines to be drawn due east from the points where the aforesaid boundaries between ova Scotia on the one part and +ast ;lorida on the other shall respectively touch the Bay of ;undy and the (tlantic -cean e5ceptin* such islands as now are or heretofore have been within the limits of ova ScotiaJ and whereas the several islands in the Bay of %assamaquoddy which is part of the Bay of ;undy and the Island of 0rand 9enan in the said Bay of ;undy are claimed by the nited States as bein* comprehended within their aforesaid boundaries which said islands are claimed as belon*in* to His Britannic 9a8esty as havin* been at the time of and
previous to the aforesaid Treaty of one thousand seven hundred and ei*htythree within the limits of the %rovince of ova Scotia. In order therefore finally to decide upon these claims it is a*reed that they shall be referred to two Commissioners to be appointed in the followin* manner vi6K -ne Commissioner shall be appointed by His Britannic 9a8esty and one by the %resident of the nited States by and with the advice and consent of the Senate thereofJ and the said two Commissioners so appointed shall be sworn impartially to e5amine and decide upon the said claims accordin* to such evidence as shall be laid before them on the part of His Britannic 9a8esty and of the nited States respectively. The said Commissioners shall meet at St. (ndrews in the %rovince of ew Brunswic, and shall have power to ad8ourn to such other place or places as they shall thin, fit. The said Commissioners shall by a declaration or report under their hands and seals decide to which of the two contractin* parties the several islands aforesaid do respectively belon* in conformity with the true intent of the said Treaty of peace of one thousand seven hundred and ei*htythree. (nd if the said Commissioners shall a*ree in their decision both parties shall consider such decision as final and conclusive. It is further a*reed that in the event of the two Commissioners differin* upon all or any of the matters so referred to them or in the event of both or
either of the said Commissioners refusin* or declinin* or wilfully omittin* to act as such they shall ma,e 8ointly or separately a report or reports as well to the 0overnment of His Britannic 9a8esty as to that of the nited States statin* in detail the points on which they differ and the *rounds upon which their respective opinions have been formed or the *rounds upon which they or either of them have so refused declined or omitted to act. (nd His Britannic 9a8esty and the 0overnment of the nited States hereby a*ree to refer the report or reports of the said Commissioners to some friendly soverei*n 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 to*ether with the *rounds upon which the other Commissioner shall have refused declined or omitted to act as the case may be. (nd if the Commissioner so refusin* declinin* or omittin* to act shall also wilfully omit to state the *rounds upon which he has so done in such manner that the said statement may be referred to such friendly soverei*n or State to*ether with the report of such other Commissioner then such soverei*n or State shall decide e5 parte upon the said report alone. (nd His Britannic 9a8esty and the 0overnment of the nited States en*a*e to consider the decision of such friendly soverei*n or State to
be final and conclusive on all the matters so referred. rticle V
Whereas neither the point of the hi*hlands lyin* due north from the source of the river St. Croi5 and desi*nated in the former Treaty of peace between the two %owers as the northwest an*le of ova Scotia nor the northwesternmost head of Connecticut /iver has yet been ascertainedJ and whereas that part of the boundary line between the dominions of the two %owers which e5tends from the source of the river St. Croi5 directly north to the above mentioned north west an*le of ova Scotia thence alon* the said hi*hlands which divide those rivers that empty themselves into the river St. $awrence from those which fall into the (tlantic -cean to the northwesternmost head of Connecticut /iver thence down alon* the middle of that river to the fortyfifth de*ree of north latitudeJ thence by a line due west on said latitude until it stri,es the river Iroquois or Cataraquy has not yet been surveyedK it is a*reed that for these several purposes two Commissioners shall be appointed sworn and authori6ed to act e5actly in the manner directed with respect to those mentioned in the ne5t precedin* article unless otherwise specified in the present article. The said Commissioners shall meet at St. (ndrews in the %rovince of ew Brunswic, and shall have power to ad8ourn to such other place or places
as they shall thin, 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 ei*htythree and shall cause the boundary aforesaid from the source of the river St. Croi5 to the river Iroquois or Cataraquy to be surveyed and mar,ed accordin* to the said provisions. The said Commissioners shall ma,e a map of the said boundary and anne5 to it a declaration under their hands and seals certifyin* it to be the true map of the said boundary and particulari6in* the latitude and lon*itude of the northwest an*le of ova Scotia of the northwesternmost head of Connecticut /iver and of such other points of the said boundary as they may deem proper. (nd both parties a*ree to consider such map and declaration as finally and conclusively fi5in* the said boundary. (nd in the event of the said two Commissioners differin* or both or either of them refusin* declinin* or wilfully omittin* to act such reports declarations or statements shall be made by them or either of them and such reference to a friendly soverei*n 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. rticle VI
Whereas by the former Treaty of peace that portion of the boundary of the nited States from the point where the fortyfifth de*ree of north latitude stri,es the river Iroquois or Cataraquy to the $a,e Superior was declared to be :alon* the middle of said river into $a,e -ntario throu*h the middle of said la,e until it stri,es the communication by water between that la,e and $a,e +rie thence alon* the middle of said communication into $a,e +rie throu*h the middle of said la,e until it arrives at the water communication into $a,e Huron thence throu*h the middle of said la,e to the water communication between that la,e and $a,e SuperiorJ: and whereas doubts have arisen what was the middle of the said river la,es and water communications and whether certain islands lyin* in the same were within the dominions of His Britannic 9a8esty or of the nited StatesK In order therefore finally to decide these doubts they shall be referred to two Commissioners to be appointed sworn and authori6ed to act e5actly in the manner directed with respect to those mentioned in the ne5t precedin* article unless otherwise specified in this present article. The said Commissioners shall meet in the first instance at (lbany in the State of ew or, and shall have power to ad8ourn to such other place or places as they shall thin, fit. The said Commissioners shall by a
report or declaration under their hands and seals desi*nate the boundary throu*h the said river la,es and water communications and decide to which of the two contractin* parties the several islands lyin* within the said rivers la,es and water communications do respectively belon* in conformity with the true intent of the said Treaty of one thousand seven hundred and ei*htythree. (nd both parties a*ree to consider such desi*nation and decision as final and conclusive. (nd in the event of the said two Commissioners differin* or both or either of them refusin* declinin* or wilfully omittin* to act such reports declarations or statements shall be made by them or either of them and such reference to a friendly soverei*n 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. rticle VII
It is further a*reed that the said two lastmentioned Commissioners after they shall have e5ecuted the duties assi*ned to them in the precedin* article shall be and they are hereby authori6ed upon their oaths impartially to fi5 and determine accordin* to the true intent of the said Treaty of peace of one thousand seven hundred and ei*htythree that part of the boundary between the dominions of the two %owers which e5tends from
the water communication between $a,e Huron and $a,e Superior to the most northwestern point of the $a,e of the Woods to decide to which of the two parties the several islands lyin* in the la,es water communications and rivers formin* the said boundary do respectively belon* in conformity with the true intent of the said Treaty of peace of one thousand seven hundred and ei*htythreeJ and to cause such parts of the said boundary as require it to be surveyed and mar,ed. The said Commissioners shall by a report or declaration under their hands and seals desi*nate the boundary aforesaid state their decision on the points thus referred to them and particulari6e the latitude and lon*itude of the most northwestern point of the $a,e of the Woods and of such other parts of the said boundary as they may deem proper. (nd both parties a*ree to consider such desi*nation and decision as final and conclusive. (nd in the event of the said two Commissioners differin* or both or either of them refusin* declinin* or wilfully omittin* to act such reports declarations or statements shall be made by them or either of them and such reference to a friendly soverei*n 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. rticle VIII
The several boards of two Commissioners mentioned in the four precedin* articles shall respectively have power to appoint a secretary and to employ such surveyors or other persons as they shall 8ud*e necessary. =uplicates of all their respective reports declarations statements and decisions and of their accounts and of the 8ournal of their proceedin*s shall be delivered by them to the a*ents of His Britannic 9a8esty and to the a*ents of the nited States who may be respectively appointed and authori6ed to mana*e the business on behalf of their respective 0overnments. The said Commissioners shall be respectively paid in such manner as shall be a*reed between the two contractin* parties such a*reement bein* to be settled at the time of the e5chan*e of the ratifications of this Treaty. (nd all other e5penses attendin* the said commissions shall be defrayed equally by the two parties. (nd in the case of death sic,ness resi*nation 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 ta,e the same oath or affirmation and do the same duties. It is further a*reed between the two contractin* parties that in case any of the islands mentioned in any of the precedin* 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 soverei*n or State so referred to as in the four ne5t precedin* articles contained fall within the dominions of the other party all *rants of land made previous to the commencement of the war by the party havin* had such possession shall be as valid as if such island or islands had by such decision or decisions been ad8ud*ed to be within the dominions of the party havin* had such possession. rticle I@
The nited States of (merica en*a*e 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 ratificationJ and forthwith to restore to such tribes or nations respectively all the possessions ri*hts and privile*es which they may have en8oyed or been entitled to in one thousand ei*ht hundred and eleven previous to such hostilities. %rovided always that such tribes or nations shall a*ree to desist from all hostilities a*ainst the nited States of (merica their citi6ens and sub8ects upon the ratification of the present Treaty bein* notified to such tribes or nations and shall so desist accordin*ly. (nd his Britannic 9a8esty en*a*es 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 ri*hts and privile*es which they may have en8oyed or been entitled to in one thousand ei*ht hundred and eleven previous to such hostilities. %rovided always that such tribes or nations shall a*ree to desist from all hostilities a*ainst His Britannic 9a8esty and his sub8ects upon ratification of the present Treaty bein* notified to such tribes or nations and shall so desist accordin*ly. rticle @
Whereas the traffic in slaves is irreconcilable with the principles of humanity and 8ustice and whereas both His 9a8esty and the nited States are desirous of continuin* their efforts to promote its entire abolition it is hereby a*reed that both the contractin* parties shall use their best endeavours to accomplish so desirable an ob8ect. rticle @I
This Treaty when the same shall have been ratified on both sides without alteration by either of the contractin* parties and the ratifications mutually e5chan*ed shall be bindin* on both parties and the ratifications shall be e5chan*ed at Washin*ton in the space of four
months from this day or sooner if practicable. In faith whereof we the respective %lenipotentiaries have si*ned this Treaty and have thereunto affi5ed our seals. =one in triplicate at 0hent the twenty fourth day of =ecember one thousand ei*ht hundred and fourteen. 0ambier Henry 0oulburn William (dams &ohn Muincy (dams &. (. Bayard H. Clay &ohn. /ussell (lbert 0allatin Footnote $
These are the words of a first hand observer (nthony Sherman who was there and describes the situationK :ou doubtless heard the story of Washin*ton's *oin* to the thic,et to pray. Well it is not only true but he used often to pray in secret for aid and comfort from 0od the interposition of whose =ivine %rovidence brou*ht us safely throu*h the dar,est days of tribulation.: :-ne day I remember it well when the chilly winds whistled throu*h the leafless trees thou*h the s,y was cloudless and the Sun shown bri*htly 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 somethin* on his mind of more than ordinary importance. /eturnin*
8ust after dus, he dispatched an orderly to the quarters who was presently in attendance. (fter a preliminary conversation of about an hour Washin*ton *a6in* upon his companion with that stran*e loo, of di*nity which he alone commanded related the event that occurred that day.: 5ashingtonAs !wn 5ords "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. 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. "!y this time I felt strange sensations spreading through me. I would have risen but the riveted gae 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 paralyed. new influence, mysterious, potent, irresistible, took possession of me. ll I could do was to gae steadily, vacantly at my unknown visitor. "#radually the surrounding atmosphere
seemed to fill with sensations, and grew luminous. $verything 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. ll were alike impossible. I was only conscious of gaing fixedly, vacantly at my companion. "%resently I heard a voice saying, "Son of the &epublic, 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. 'his gradually dissipated, and I looked upon a strange scene. !efore me lay spread out in one vast plain all the countries of the world(( $urope, sia, frica, and merica. I saw rolling and tossing between $urope and merica the billows of the tlantic, and between sia and merica lay the %acific. "Son of the &epublic,) said the same mysterious voice as before, )look and learn." "t that moment I beheld a dark, shadowy being, like an angel, standing, or rather floating in mid(air, between $urope and merica. *ipping water out of the ocean in the hollow of each hand, he sprinkled some upon merica with his right hand, while with his left hand he cast some on $urope. Immediately a cloud arose from these countries, and +oined in mid(ocean. or a while it seemed stationary, and then it moved slowly westward, until it enveloped merica in its murky folds.
Sharp flashes of lightning gleamed through it at intervals, and I heard the smothered groans and cries of the merican people. " second time the angel dipped water from the ocean, and sprinkled it out as before. 'he dark cloud was then drawn back to the ocean, in whose heaving billows it sank from view. " third time I heard the mysterious visitor saying, "Son of the &epublic, look and learn," I cast my eyes upon merica and beheld villages, towns, and cities springing up one after another until the whole land from the tlantic to the %acific was dotted with them. gain, I heard the mysterious voice say, "Son of the &epublic, the end of the century cometh, look and learn." "nd this the dark shadowy angel turned his face southward. rom frica I saw an ill(omened specter approach our land. It flitted slowly over every town and city of the latter. 'he inhabitants presently set themselves in battle array against each other. s I continued looking I saw a bright angel on whose brow rested a crown of light, on which was traced the word "-nion." e bearing the merican flag. e placed the flag between the divided nation, and said, "&emember ye are brethren." Instantly, the inhabitants, casting down their weapons, became friends once more and united around the /ational Standard.
nd again I heard the mysterious voice saying, "Son of the &epublic, look and learn." t this the dark, shadowy angel placed a trumpet to his mouth, and blew three distinct blasts0 and taking water from the ocean, he sprinkled it upon $urope, sia, and frica.
descended from the heavens attended by legions of white spirits. 'hese immediately +oined the inhabitants of merica, who I perceived were well( nigh overcome, but who immediately taking courage again, closed up their broken ranks and renewed the battle.
"'hen my eyes beheld a fearful scene. rom each of these countries arose thick, black clouds that were soon +oined into one.
"gain, amid the fearful noise of the conflict I heard the mysterious voice saying, "Son of the &epublic, look and learn." s the voice ceased, the shadowy angel for the last time dipped water from the ocean and sprinkled it upon merica. Instantly the dark cloud rolled back, together with the armies it had brought, leaving the inhabitants of the land victorious.
nd through this mass there gleamed a dark red light by which I saw hordes of armed men. 'hese men, moving with the cloud, marched by land and sailed by sea to merica, which country was enveloped in this volume of the cloud. nd I dimly saw these vast armies devastate the whole country and burn the villages, towns, and cities that I beheld springing up. "s 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 &epublic, look and learn." 1hen 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 merica. t the same moment the angel upon whose head still shone the word "-nion," and who bore our national flag in one hand and a sword in the other,
"'hen once more I beheld the villages, towns and cities springing up where I had seen them before, while the bright angel, planting the aure standard he had brought in the midst of them, cried with a loud voice2 "1hile the stars remain, and the heavens send down dew upon the earth, so long shall the -nion last." nd taking from his brow the crown on which blaoned the word "-nion," he placed it upon the Standard while the people kneeling down said, "men." "'he scene instantly began to fade and dissolve, and I at last saw nothing but the rising, curling vapor I at first beheld. 'his also disappeared, I found myself once more gaing upon the mysterious visitor, who, in the same voice I had heard before, said, "Son of the &epublic, what you have seen is thus interpreted.
'hree great perils will come upon the &epublic. 'he most fearful for her is the third. !ut the whole world united shall not prevail against her. Let every child of the &epublic learn to live for his #od, his land and -nion. 1ith 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 -nited States." 'hus ended #eneral #eorge 1ashington)s vision and prophecy for the -nited States of merica as told in his own words.
Footnote %
: In itle &, 4ection & it says5 he actions, regulations, rules, licenses, orders and proclamations heretofore or hereafter ta1en, promulgated, made, or issued by the Cresident of the 3nited 4tates or the 4ecretary of the reasury since "arch ?, &@%%, pursuant to the authority conferred by subdivision ;b< of section + of the Act of October D, &@&, as amended, are hereby approved and confirmed .:
:Section F. Subdivision 1b2 of section of the Act of October D, &@&, ;? 4tat. ). ?&&<, as amended, is hereby amended to read as follows5 emergency declared by the Cresident, the Cresident 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 ban1ing institutions as defined by the Cresident, and export, hoarding, melting, or earmar1ing of gold or silver coin or bullion or currency, !H A7H C'R4O7 >I*I7 *' 37I'= 4A'4 OR A7H C)A/' 43!'/ O *' 3RI4=I/IO7 *'R'O8 .:
Here is the le*al phrase sub8ect to the 8urisdiction thereof but at law this refers to alien enemy and also applies to ;ourteenth (mendment citi6ensK : As these words are used in the first section of the 8ourteenth Amendment of the 8ederal /onstitution, providing for the citi#enship of all persons born or naturali#ed in the 3nited 4tates 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 7ational Government, un1nown to the common )aw<, the two classes of cases, children born of JA)I'7 '7'"I'4 emphasis mine<, in hostile occupation, and children of diplomatic representatives of a foreign state, both of which, by the law of 'ngland and by our own law, from the time of the first settlement of the
'nglish colonies in America, had been recogni#ed exceptions to the fundamental rule of citi#enship by birth within the country.: nited
States v Won* )im (r, !#< S #E< #"F EF $ +d "< <F !" S Ct E#. Ballentine's $aw =ictionary
Con*ressman Bec, had this to say about the War %owers (ctK : I thin1 of all the damnable heresies that have ever been suggested in connection with the /onstitution, the doctrine of emergency is the worst. It means that when /ongress declares an emergency there is no /onstitution. his means its death....!ut the /onstitution of the 3nited 4tates, as a restraining influence in 1eeping the federal government within the carefully prescribed channels of power, is moribund, if not dead. >e are witnessing its death( agonies, for when this bill becomes a law, if unhappily it becomes law, there is no longer any wor1able /onstitution to 1eep the /ongress within the limits of its constitutional powers.:
1Con*ressman Con*ressional
&ames Bec, in /ecord !<442
The phrase lien Ene1y is defined in Bouvier's $aw =ictionary asK One who owes allegiance to the adverse belligerent. & Kent %. *e 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 alsoJ ! B. P %. !#4.
(lien enemies are said to have no ri*hts no privile*es unless by the ,in*'s special favor durin* time of warJ ! Bla. Com. 4GFJ Byn,ershoe, !<J " Term !##. N/emember we've been under a declared state of war since -ctober # !
< (.Fd F#F F# !EF .&. +q. FF#.
: Residence or doing business in a hostile territory is the test of an 2alien enemy5 within meaning of rading with the 'nemy Act and 'xecutive Orders thereunder.:
+5ecutive -rder 9arch !! !
born there.: Hutchinson v. Broc,
!! 9ass. !!< !FF.
:he trading with the enemy Act, originally and as amended, in strictly a war measure, and finds its sanction in the provision empowering /ongress 2to declare war, grant letters of "ar0ue and reprisal, and ma1e rules concerning captures on land and water.: Stoehr v. Wallace F .S.
&ames 9ont*omery "77<# )nowled*e is ;reedom BBS !
(s, yourself this question has the State or nited States in their ta5 statutes defined the word :resident: in its le*al technical meanin*@ The %enelope Court stated the le*al meanin* of the term :resident: at pa*e E"
for the British Crown to collect the debt of those residents who are claimin* citi6enship of the States or nited States because that would ma,e them sub8ects liable to pay the pecuniary contribution dis*uised as a :0ross Income Ta5: to the Crown.
The United States is Still a British Colony) 8art = BE'D !VE3 &E3IC
4747
they have at all times an undeniable and indefensible right to alter their form of government in such a manner as they thin1 expedient.2 3nder that gospel, the citi#en who thin1s that the /ommonwealth: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. hat he may be the only one who thin1s 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.:
Con*ressional /ecord (pril < !<4E
9ar, Twain has stated very well what needs to be the motivation of all patriots but any new *overnment with leaders that do not allow 0od (lmi*hty's Word and $aw to rei*n Supreme will return to the ashes in which it was be*un. :UIDE T! THE F!!T'!TES
;ootnote D! Chronolo*y of orth Carolina 0overnors and -ri*inal 3ir*inia Colony pa*e ! ;ootnote DF 3ir*inia Charter !#< pa*e !" ;ootnote D4 3ir*inia Charter !#F! pa*e FG ;ootnote DE Charter creatin* the Council of State !#F! pa*e F< ;ootnote D Carolina Charter !##4 pa*e 4! ;ootnote D# Carolina Charter *rantin* %roprietorship to ei*ht lords !##< pa*e EF ;ootnote DG ;lorida Charter !G#4
pa*e # ;ootnote D" Hudson Bay Charter !#G pa*e #< ;ootnote D< orth Carolina Constitution !GG# pa*e " ;ootnote D! orth Carolina Constitution !G"< and latter amendments pa*e "" ;ootnote D!! Con*ressional /ecord pa*e !FG 83T II
It's not an easy thin* havin* to tell someone they have been conned into believin* they are free. ;or some to accept this is comparable to denyin* 0od (lmi*hty. ou have to be made to understand that the nited States is a corporation which is a continuation of the corporate Charters created by the ,in* of +n*land. (nd that the states upon ratifyin* their individual State constitutions became sub corporations under and subordinate to the nited States. The counties and municipalities became sub corporations under the State Charters. It is my duty to report further evidence concernin* the claims I made in :The nited States is Still a British Colony part !.: I have always used a copy of the orth Carolina Constitution provided by the State I should have ,nown better to ta,e this as the final authority. To my ,nowled*e the followin* quote has not been in the
Constitution the State hands out or those in use in the schools. The !GG# orth Carolina Constitution created a new corporate Charter and declared our individual freedoms. However the same corporate Charter reserved the ,in*'s title to the land which restored and did not diminish his *rants that were made in his early Charters. If you remember I made the claim that le*ally we are still sub8ect to the ,in*. In the below quote you will see that the ,in* declares our ta5ation will be forever and that a fourth of all *old and silver will be returned to him. :HI')=l7G A7= CAHI7G yearly, to us, our heirs and 4uccessors, for the same, the yearly Rent of wenty "ar1s of )awful money of 'ngland, at the 8east of All 4aints, yearly, forever, he 8irst payment thereof to begin and be made on the 8east of All 4aints which shall be in the year of Our )ord One thousand six hundred 4ixty and five$ A7= also, the fourth part of all Gold and 4ilver Ore which, with the limits aforesaid, shall, from time to time, happen to be found .:
1;east of (ll Saints occurred ovember ! of each year.2 The Carolina Charter !##4 footnote D I ,now %atriots will have a hard time with this because as I said earlier they would have to deny what they have been tau*ht from an early a*e. ou have to continue to *o bac, in historical documents and
see if what you have been tau*ht is correct. The followin* quote is from section F of the !GG# orth Carolina Constitution =eclaration of /i*hts. (nd provided further that nothin* herein contained shall affect the titles or possessions of individuals holdin* or claimin* under the laws heretofore in force or *rants heretofore made by the late )in* 0eor*e II or his predecessors or the late lords proprietors or any of them. Declaration of 3ights "$$() 'orth Carolina Constitution) Footnote %
Can it be any plainer@ obody reads they ta,e what is told to them by their schools and *overnment as *ospel and never loo, any further. They are quic, to attac, anyone that does because it threatens their way of life roc,s the boat in other words. /ead the followin* quote from a court caseK : definition *iven by Blac,stone vol. F p. FEE. I shall therefore only cite that respectable authority in his own wordsK : 'scheat, we may remember, was one of the fruits and conse0uences of feudal tenure$ the word itself is originally 8rench or 7orman, in which language it signifies chance or accident, and with us denotes an obstruction of the course of descent,
and a conse0uent determination of the tenure by some unforeseen contingency, in which case the estate naturally results bac1, by a 1ind of reversion, to the original grantor, or lord of the fee .:
+very person ,nows in what manner the citi6ens acquired the property of the soil within the limits of this State. Bein* dissatisfied with the measures of the British 0overnment they revolted from it assumed the *overnment into their own hands sei6ed and too, possession of all the estates of the )in* of 0reat Britain and his sub8ects appropriated them to their own use and defended their possessions a*ainst the claims of 0reat Britain durin* a lon* and bloody war and finally obtained a relinquishment of those claims by the treaty of %aris. But this State had no title to the territory prior to the title of the )in* of 0reat Britain and his sub8ects nor did it ever claim as lord paramount to them. This State was not the ori*inal *rantor to them nor did they ever hold by any ,ind of tenure under the State or owe it any alle*iance or other duties to which an escheat is anne5ed. How then can it be said that the lands in this case naturally result bac, by a ,ind of reversion to this State to a source from whence it never issued and from tenants who never held under it@ 9i*ht it not be stated with equal propriety that this country escheated to the )in* of 0reat Britain from the (bori*ines when he drove them off and too, and
maintained possession of their country@ (t the time of the revolution and before the =eclaration of Independence the collective body of the people had neither ri*ht to nor possession of the territory of this StateJ it is true some individuals had a ri*ht to and were in possession of certain portions of it which they held under *rants from the )in* of 0reat BritainJ but they did not hold nor did any of his sub8ects hold under the collective body of the people who had no power to *rant any part of it. (fter the =eclaration of Independence and the establishment of the Constitution the people may be said first to have ta,en possession of this country at least so much of it as was not previously appropriated to individuals. Then their soverei*nty commenced and with it a ri*ht to all the property not previously vested in individual citi6ens with all the other ri*hts of soverei*nty and amon* those the ri*ht of escheats. This soverei*nty did not accrue to them by escheat but by conquest from the )in* of 0reat Britain and his sub8ectsJ but they acquired nothin* by that means from the citi6ens of the State U each individual had under this view of the case a ri*ht to retain his private property independent of the reservation in the declaration of ri*htsJ but if there could be any doubt on that head it is clearly e5plained and obviated by the proviso in that instrument. Therefore whether the State too, by
ri*ht of conquest or escheat all the interest which the . ). had previous to the =eclaration of Independence still remained with them on every principle of law and equity because they are purchasers for a valuable consideration and bein* in possession as cestui que trust under the statute for transferrin* uses into possessionJ and citi6ens of this State at the time of the =eclaration of Independence and at the time of ma,in* the declaration of ri*hts their interest is secured to them beyond the reach of any (ct of (ssemblyJ neither can it be affected by any principle arisin* from the doctrine of escheats supposin* what I do not admit that the State too, by escheat.: 9(/SH($$ v. $-3+$+SS ! .C. E!F 1!"!2 F S.(. G There was no way we could have had a perfected title to this land. -nce we had won the /evolutionary War we would had to have had an unconditional surrender by the ,in* this did not ta,e place. ot what too, place at or,town when we let the ,in* off the hoo,. Barrin* this the ,in* would have to had sold us this land for us to have a perfected title 8ust as the Indians sold their land to the ,in* or the ei*ht Carolina %roprietors sold Carolina bac, to the ,in*. The treaty of !G"4 did not remove his claim and ori*inal title because he ,ept the minerals. This was no different than when ,in* Charles II *ave Carolina by Charter to the lords that helped
put him bac, in powerJ compare them and you will see the end result is the same. The Charter to the lords is footnote D# where ei*ht proprietors were *iven title to the land but the ,in* retained the money and soverei*nty for his heirs. The ,in* could not 8ust *ive up (merica to the colonialist nor would he. He would violate his own law of 9ortmain to put these lands in dead hands no lon*er to be able to be used by himself or his heirs and successors. He would also be *uilty of harmin* his heirs and successors by *ivin* away that which he declared in the followin* quotes and there are similar quotes in the other ChartersK :S(3I0 always the ;aith (lle*iance and Soverei*n =ominion due to us our heirs and Successors for the sameJ and Savin* also the ri*ht title and interest of all and every our Sub8ects of the +n*lish ation which are now %lanted within the $imits bounds aforesaid if any beJ...: The Carolina Charter !##4 footnote ?
:)-W + that We of our further *race certain ,nowled*e and mere motion H(3+ thou*ht fit to +rect the same Tract of 0round Country and Island into a %rovince and out of the fullness of our /oyal power and %rero*ative W+ =o for us our heirs and Successors +rect Incorporate and -rdain the same into a province and do call it the
%rovince of C(/-$I( and so from henceforth will have it called...: The Carolina Charter !##4 footnote ?
The .S. Constitution is a treaty between the states creatin* a corporation for the ,in*. In the below quote pay attention to the lar*e :S: State and the small :s: state. The lar*e :S: State is referrin* to the corporate State and it's soverei*nty over the small :s: state because of the treaty. /ead the followin* quoteK :Headnote . !esides, the treaty of &-% was declared by an Act of Assembly of this 4tate passed in &-, to be law in this 4tate, and this 4tate by adopting the /onstitution of the 3nited 4tates in &-@, declared the treaty to be the supreme law of the land. he treaty now under consideration was made, on the part of the 3nited 4tates, by a /ongress composed of deputies from each state, to whom were delegated by the articles of confederation, expressly, 2the sole and exclusive right and power of entering into treaties and alliances2$ and being ratified and made by them, it became a complete national act, and the act and law of every state. If, however, a subse0uent sanction of this 4tate was at all necessary to ma1e the treaty law here, it has been had and repeated. !y a statute
passed in &-, the treaty was declared to be law in this 4tate, and the courts of law and e0uity were enjoined to govern their decisions accordingly. And in &-@ was adopted here the present /onstitution of the 3nited 4tates, which declared that all treaties made, or which should be made under the authority of the 3nited 4tates, should be the supreme law of the land$ and that the judges in every state should be bound thereby$ anything in the /onstitution or laws of any state to the contrary not withstanding. 4urely, then, the treaty is now law in this 4tate, and the confiscation act, so far as the treaty interferes with it, is annulled.2 2!y an act of the )egislature of 7orth /arolina, passed in April, &, it was, among other things, enacted, 2hat all persons, being subjects of this 4tate, and now living therein, or who shall hereafter come to live therein, who have traded immediately to Great !ritain or Ireland, within ten years last past, in their own right, or acted as factors, store1eepers, or agents here, or in any of the 3nited 4tates of America, for merchants residing in Great !ritain or Ireland, shall ta1e an oath of abjuration and allegiance, or depart out of the 4tate.2 reaties are the 2)aw of the )and:
H(9I$T- v. +(T+ ! .C. #E! 1!G<#2 H(9I$T- v. +(T+. U F 9art. !. .S. Circuit Court. 1&une Term !G<#.2
our presence in the State ma,es you sub8ect to its laws read the followin* quoteK :he states are to be considered, with respect to each other, as independent sovereignties, possessing powers completely ade0uate 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 3nited 4tates. /rimes 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 citi#ens, express or implied, cannot be directed against those who never were citi#ens, and who li1ewise committed the offense beyond the territorial limits of the state claiming jurisdiction. Our )egislature may define and punish crimes committed within the 4tate, whether by citi#en or strangers$ because the former are supposed to have consented to all laws made by the )egislature, 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 4tate J:
ST(T+ v. )I0HT ! .C. !E4 1!G<<2 F S.(. G =o you understand now@ The treaty the corporate Charter the
orth Carolina Constitution by pro5y of the electorates created residence in the lar*e :S: State. ot by some further act you made. So how can e5patriation from the nited States remove your residence in the :State: which was created by treaty ratified by our ;ore ;athers. (s soon as the corporate Charter 1treaty2 was ratified we returned to sub8ection to the ,in* of +n*land throu*h the le*al residence created by the treaty. /emember in the quote I *ave earlier by treaty we recanted our declared freedom and returned to the ,in* his soverei*nty and title. In the followin* quote you will see that the State supreme court sits by bein* placed by the *eneral assemblyK
anuary and uly for the sittings. acancies on the /ourt were filled temporarily by the Governor, with the assistance and advice of the /ouncil of 4tate, until the end of the next session of the state General Assembly.: V;rom the internet
address can be made available. Council of State
What is the Council of State and where did it ori*inate@
:he legal and historical origins of
III. 2he 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 successors5 which council of state shall consist, for the present only of these persons, as are here inserted,...2
the 4upreme /ourt of 7orth /arolina lie in the 4tate /onstitution of &D, which empowered the General Assembly to appoint$ udges of the 4upreme /ourts of )aw and '0uity$ and$ udges of Admiralty.....he first meeting of the /ourt too1 place on anuary &, &-&@. he /ourt began holding two sittings, or $ terms, $ a year, the first beginning on the second "onday in une and the second on the last "onday in =ecember. his schedule endured until the /onstitution of &-D prescribed the first "ondays in
I. 2he 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 inhabitants5 which council shall be called he General Assembly, wherein ;as also in the said council of state< all matters shall be decided, determined, and
C Supreme Court History Supreme Court of orth Carolina ( Brief HistoryK
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 ma1e, 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 re0uisite$...: (n -rdinance and
Constitution of the 3ir*inia Company in +n*land. ;ootnote DE
The 8ob of the !st Council of State was to ma,e sure the *overnor followed the ,in*s wishes. The Fnd was the *eneral assembly the laws they passed had to conform to the ,in*'s law. /ead the followin* quoteK . >hereas in all other things, we re0uire 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 'ngland, as near as may be even as ourselves, by his majesty:s letters patent, are re0uired. I. Crovided, 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 0uarter court of the said company here in 'ngland, and so ratified, be returned to them under our seal$ it being our intent to afford the li1e 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 li1e manner in the general assemblies. In witness whereof we have hereunto set our common seal the B?th of uly, &DB&. . . .An Ordinance and /onstitution of the irginia /ompany in 'ngland .
footnote
DE
The Council of State still e5ists to day althou*h it has been modified several times. The first ma8or chan*e came in the !GG# orth Carolina Constitution read the below quotesK !#. :hat 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 0uorum$ their advice and proceedings shall be entered in a journal, to be 1ept 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 .:
the governor, or spea1er of the senate, or until a new nomination is made by the general assembly.:
footnote D<
B. 2hat, 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 4tate, 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 D<
&@. 2he 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. *e 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 4tate. And, on his death, inability, or absence from the 4tate, the spea1er of the senate, for the time being, and in case of his death, inability, or absence from the 4tate, the spea1er of the house of commons, shall exercise the powers of government, after such death, or during such absence or inability of
footnote #
(lso ta,e notice who was not allowed to serve as Council of StateK F#. :hat 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 4tate, and hath paid the same into the hands of the succeeding treasurer.2 B. 2hat no officer in the regular army or navy, in the service and pay of the 3nited 4tates, of this 4tate or any other 4tate, 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.2 B-. 2hat no member of the council of state shall have a seat, either in the senate or house of commons.2 %. 2hat no secretary of this 4tate, attorney(general, or cler1 of any court of record, shall have a seat in the senate, house of commons, or council of state .:
footnote D< The ,in* continued to rule throu*h the Council of State until several thin*s were in place his ban, his laws and tradition. The ,in* succeeded by the acceptance of the (merican people that they were free alon* with the whole of our history not bein* tau*ht in our schools. The ne5t chan*e to the Council of State came at the conquest of this country I referred to this in part ! and in ( Country =efeated In 3ictory. /ead this quote from the !"#" orth Carolina constitution (rticle 4 sec !EK 4'/. &?. 2he 4ecretary of 4tate, Auditor, reasurer, 4uperintendent of Cublic >or1s, and 4uperintendent of Cublic
Instruction, shall constitute ex officio, the /ouncil of 4tate, who shall advise the Governor in the execution of his office, and three of whom shall constitute a 0uorum$ their advice and proceedings in this capacity shall be entered in a ournal, to be 1ept 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 *ouse. he Attorney General shall be, ex offici, the legal adviser of the 'xecutive =epartment .: footnote ";
(fter the Civil War the conquest of (merica you see those that were allowed to be Council of State were elected officials. nder the !GG# orth Carolina Constitution it was unlawful for these elected officials to be Council of State. Why@ Because the ,in* could not trust the common man to obey him now that they thou*ht they were free. (fter the Civil War the Council of State was no lon*er needed to fulfill the public policy of the ,in* the Council of State still e5ists today but in a reduced capacity as far as the ,in* *oes. ow he had the !Eth (mendment his lawyers in the *overnment his ban,ers in control of the *overnments money and above all *reed that causes most in office to continue the status quo.
The Federal 3eser4e) Ta,es and Ta, Court What I will show you ne5t will shoc, you. I made brief mention in part ! that ta5es paid in this country were under treaty to the ,in* of +n*land. How about if I told you that the law that created our ta5es and this countries ta5 court *o bac, in history to William the Conqueror. (nd to further help you understand the below definitions e5chequer is the British branch of the ;ederal /eserve. E,chequer6 :he 'nglish department of revenue. A very ancient court of record, set up by >illiam the /on0ueror, as a part of the aula regia, and intended principally to order the revenues of the crown, and to recover the 1ing:s debts and duties. It was called exche0uer, 2scaccharium,2 from the chec1ed cloth, resembling a chessboard, which covers the table.: Ballentine's $aw =ictionary E,chequer6 :hat department of the 'nglish government which has charge of the collection of the national revenue$ the treasury department .: Blac,'s $aw
=ictionary Eth ed.
E,chequerK : In 'nglish )aw. A department of the government which has the management of the collection of the 1ing:s revenue .:
Bouvier's $aw =ictionary !
Court of +5chequerK :#. he court
of exche0uer is inferior in ran1 not only to the court of 1ing:s bench, but to the common pleas also5 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 e0uity E??F also. It is a very ancient court of record, set up by >illiam the /on0ueror, as a part of the aula regia, through regulated and reduced to its present order by King 'dward I$ and intended principally to order the revenues of the crown, and to recover the 1ing:s debts and duties. It is called the exche0uer, scaccharium, from the che0ued cloth, resembling a chess(board, which covers the table there$ and on which, when certain of the 1ing:s accounts are made up, the sums are mar1ed and scored with counters. It consists of two divisions$ the receipt of the exche0uer, which manages to royal revenue, and with which these /ommentaries have no concern$ and the court or judicial part of it, which is again subdivided into a court of e0uity, and a court of common law .: Blac,
Stone Commentaries Boo, III p* !E Court of +5chequerK : An 'nglish superior court with jurisdiction of matter of law and matters involving government revenue.:
Ballentine's
$aw
=ictionary
Court of +5chequerK : A court for the correction and prevention of errors of law in the three superior
the
dama*es done a*ainst him or what belon*s to him.
A court of exche0uer chamber was first erected by statute %& 'dw. III. /. &B, to determine causes upon writs of error from the common( law side of the exche0uer court. It consisted of the chancellor, treasurer, and the 2justices and other sage persons as to them seemeth.2 he judges were merely assistants. A second court of exche0uer chamber was instituted by statute B 'li#. /. -, consisting of the justices of the common pleas and the exche0uer, or any six of them, which had jurisdiction in error of cases in the 1ing:s bench. In exche0uer chamber substituted in their place as an intermediate court of appeal between the three common(law courts and Carliament. 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 *igh /ourt of ustice .:
The equity court of the e,chequerK :G. he court of e0uity is held in the exche0uer chamber before the lord treasurer, the chancellor of the exche0uer, the chief baron, and three puisne: ones. hese "r. 4elden conjectures to have been anciently made out of such as were barons of the 1ingdom, or parliamentary barons$ and thence to have derived their name5 which conjecture receives great strength form !racton:s explanation of magna carta, c.&?, which directs that the earls and barons be amerced by their peers$ that is, says he, by the barons of the exche0uer.
common(law 1ingdom.
courts
of
Bouvier's $aw =ictionary !
It *ets worse are you 8ust a little tic,ed off or maybe you are startin* to question what you have been tau*ht all these years@ It's time to wa,e up (merica? If you'll loo, at the &udiciary (ct of !G"< 1I ,now most won't ta,e time to read it2 you'll see that all district courts are admiralty courts. This is the ,in*'s court of commerce in which he is the plaintiff recoverin*
he primary and original business of this court is to call the 1ing: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. 4o that by their original constitution the jurisdiction of the courts of common pleas, 1ing:s bench, and exche0uer, was entirely separate and distinct$ the common pleas being intended to decide all controversies between subject and subject$ the 1ing:s bench to correct all crimes and misdemeanors that amount to a breach of the peace, the 1ing being then the plaintiff, as such offenses are in open
derogation of the jura regalia ;regal rights< of his crown$ and the exche0uer to adjust E?+F and recover his revenue, wherein the 1ing also is plaintiff, as the withholding and nonpayment thereof is an injury to his jura fiscalia ;fisical rights<. !ut, as by a fiction almost all sorts of civil actions are now allowed to be brought in the 1ing:s bench, in li1e manner by another fiction all 1inds of personal suits may be prosecuted in the court of exche0uer. 8or as all the officers and ministers of this court have, li1e those of other superior courts, the privilege of suing and being sued only in their own court$ so exche0uer, are privileged to sue and implead all manner of persons in the same court of e0uity that they themselves are called into. hey have li1ewise privilege to sue and implead one another, or any stranger, in the same 1ind of common(law actions ;where the personalty only is concerned< as are prosecuted in the court of common pleas.: Blac,
Stone Commentaries Boo, III p* !E The commonlaw court of the e5chequerK :". his gives original
to the common(law part of their jurisdiction, which was established merely for the benefit of the 1ing:s accountants, and is exercised by the barons only of the exche0uer, and not the treasurer or chancellor. he writ upon which the plaintiff suggests that he is the 1ing:s farmer or debtor, and that the defendant
hath done him the injury or damage complained of$ 0uo minus sufficient exist, by which he is the less able, to pay the 1ing 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 1ing or his ministers of the exche0uer. And by the articuli super cartas it is enacted that no common pleas be thenceforth holden in the exche0uer, contrary to the form of the great charter. !ut not, by the suggestion of privilege, any person may be admitted to sue in the exche0uer as well as the 1ing:s accountant. he surmise of being debtor to the 1ing is therefore become matter of form and mere words of course, and the court is open to all the nation e0ually. he same holds with regard to the e0uity side of the court5 for there any person may file E?DF a bill against another upon a bare suggestion that he is the 1ing: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 1ing:s debtor is no fiction, they being bound to pay him their first( fruits, and annual tenths. !ut the chancery has of late years obtained a large share in this business.2
Blac, Stone Commentaries Boo, III p* ! =efinition of a le*al fictionK ;or a discussion of fictions in law see
chapter II of 9aine's (ncient $aw and %olloc,'s note = in his edition of the (ncient $aw. Blac,stone *ives illustrations of le*al fictions on pa*es E4 E !4 F4 of this boo,. 9r &ustice Curtis 1&urisdiction of nited States Courts Fd ed. !E"2 *ives the followin* instance of a fiction in our practiceK : A suit by or against a corporation in its corporate name may be presumed to be a suit by or against citi#ens 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 3nited 4tates. here is the Roman fiction5 he court first decides the law, presumes all the members are citi#ens 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< 3nder it, the courts of the 3nited 4tates constantly entertain suits by or against corporations. ;"uller v. =ows, @? 3. 4. ???, B? ). 'd. B.< It has been so fre0uently 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 subse0uent 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. 4o that when a suit is to be brought in a court of the 3nited 4tates 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 conse0uences as if you could allege, and did allege, that the corporation was a citi#en of that state. According to the present decisions, it is not necessary you should say that the members of that corporation are citi#ens of "assachusetts. hey have passed beyond that. Hou have only to say that the corporation was created by a law of the state of "assachusetts, and has its principal place of business in that state$ and that ma1es it, for the purposes of jurisdiction, the same as if it were a citi#en of that state: See %ound
/eadin*s in /oman $aw <n.
Blac, Stone Commentaries Boo, III p* !4 Combine this with what I said earlier concernin* power of the treaty and it's creation of the corporate State and you now ,now why you are not allowed to challen*e residence or sub8ection in the State Courts. (nd because of the treaty residence in the State is synonymous with residence in the district. I ,now 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 chan*e it is to chan*e the treaty and reinforce the ori*inal =eclaration of Independence but this would meet severe ob8ection on the part of the international Ban,ers and or course the ,in*'s heirs in +n*land. (nd most (mericans even if they were aware of this information would have no stomach for the turmoil this would cause. Still a little fu66y on what has ta,en place the word +5chequer is still used today@ In Britain the +5chequer is the ;ederal /eserve the same as our ;ederal /eserve. They 8ust chan*ed the name here as they have done many thin*s to cloud what is ta,in* place hopin* no one would catch on. Who wrote the ;ederal /eserve (ct and put it in place in this country@ Ban,ers from the Ban, of +n*land with their counter part in ew or,? Con*ressman 9c;addenK : I hope that is the case, but I may say to the gentleman that during the sessions of this 'conomic /onference in )ondon there is another meeting ta1ing place in )ondon. >e were advised by reports from )ondon last 4unday of the arrival of George ). *arrison, Governor of the 8ederal Reserve !an1 of 7ew Hor1, and we were advised that accompanying him was "r. /rane, the =eputy Governor, and ames C.
>arburg, of the Kuhn()oeb ban1ing family, of 7ew Hor1 and *amburg, Germany, and also "r. O. ". >. 4prague, recently in the pay of Great !ritain as chief economic and financial adviser of "r. 7orman, Governor of the !an1 Of 'ngland, and now supposed to represent our reasury. hese men landed in 'ngland and rushed to the !an1 of 'ngland for a private conference, ta1ing their luggage with them, before even going to their hotel. >e 1now this conference has been ta1ing place for the past % days behind closed doors in the !an1 of 'ngland with these gentlemen meeting with heads of the !an1 of 'ngland and the !an1 for International 4ettlements, of !asel, 4wit#erland, and the head of the !an1 8rance, "r. "aret. hey are discussing war debts$ they are discussing stabili#ation of exchanges and the 8ederal Reserve 4ystem, I may say to the "embers of the *ouse. he 8ederal reserve 4ystem, headed by George ). *arrison, is our premier, who is dealing with debts behind the closed doors of the !an1 of 'ngland$ and the 3nited 4tates reasury is there, represented by O. ". >. 4prague, who until the last & days was the representative of the !an1 of 'ngland, and by "r. ames C. >arburg, who is the son of the principal author of the 8ederal Reserve Act. "any things are being settled behind the closed doors of the !an1 of 'ngland by
this group. 7o doubt this group were pleased to hear that yesterday the /ongress passed amendments to the 8ederal Reserve Act and that the Cresident signed the bill which turns over to the 8ederal Reserve 4ystem the complete total financial resources of money and credit in the 3nited 4tates. Apparently the domination and control of the international banking group is being strengthened....Con*ressional
time for the one World *overnment the ,in*7ban,ers caused us to reor*ani6e under ban,ruptcy. The Ban, of +n*land allowed the nited States to use you and I 1our labor2 for collateral and all the property in (merica read the followin* quoteK Con*ressman
$em,eK
:....his
Bouvier's $aw =ictionary !
nation is ban1rupt$ every 4tate in this 3nion is ban1rupt$ the people of the 3nited 4tates, as a whole, are ban1rupt. he public and private debts of this 7ation, which are evidenced by bonds, mortgages, notes, or other written instruments about to about LB+,,,, and it is estimated that there is about L+,,, of which there is no record, ma1ing in all about L%,,, of public and private debts. he total physical cash value of all the property in the 3nited 4tates is now estimated at about L,,,. hat 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. hese are not physical property. hey will have to be paid out of the physical property. *ow are we going to pay L%,,, with only L,,,2 Con*ressional
(lso reread :( Country =efeated In 3ictory:. Who do you thin, the national debt is owed to@ If that's not bad enou*h the bond indebtedness allowed the ,in* to foreclose on his colony when it was
This debt was more than could be paid as of !<4E this caused the declared ban,ruptcy by %resident /oosevelt. ow the national debt is over !F. The
/ecord &une !E !<4E
What else does the +5chequer do@ The *overnment 1Con*ress2 puts up bonds 1bills of credit2 on the international mar,et that the ;ederal /eserve 1+5chequer2 prints fiat money for which the *overnment 1Con*ress2 is the *uarantor for read the followin* quoteK E,chequer BillsK !ills of credit issued by authority of parliament. hey constitute the medium of transaction of business between the ban1 of 'ngland and the government. he exche0uer bills contain a guarantee from government which secures the holders against loss by fluctuation .
/ecord 9arch 4 !<4E footnote D!
*overnment only tells you about they don't tell you about the corporate debt which (merica is also *uarantor for. (dd to that the personal debtJ you ,now credit cards and home loans and it approaches F that's trillion for those of you that miss read the number of 6ero's. 9i5 this with a super inflated stoc, mar,et and a hu*e trade deficit and that is what brin*s you to understand my subtitle for this paper. B+= -3+/ (9+/IC(. What could possibly be the purpose of the international ban,ers allowin* our nation to over e5tend so badly and not cut us off@ When bac, in !<4E they could have le*ally sei6ed the whole country. We are bein* used for the purpose of the international ban,ers which is loanin* money to third world countries to enslave them as we are to coloni6e the world for Britain and to use our military machine to control unruly countries and to collect the ,in*'s debt. There will soon be a nited ations personal income ta5 for the whole world. The end purpose of the international ban,ers is a one world *overnment with +n*land as the center of *overnment and the international ban,ers callin* the shots. =on't despair all these thin*s have to come to pass. I used to thin,J what if@ &esus Words says these thin*s have to ta,e place for the world *overnment to come to pass.
I am *oin* to share a dream I had &uly !<
( record of a dream I had. I was what appeared to be hoverin* above the below scene and it appeared to be three dimensional li,e the scene had te5ture. It was also in color with the smell of war in the air. I awo,e at K am and was wide awa,e and immediately wrote down what too, place in my dream. ( friend and I were amon*
thousands of Christians that were massed to*ether awaitin* e5ecution. I saw untold thousands of Christians e5ecuted before us. There were many troops *uardin* us these troops were BritishJ they had on /evolutionary War clothin* and were carryin* the old style mus,ets. The people that went before us to be e5ecuted went voluntarily. They went out of some false sense of duty to this envisioned *overnment that was British controlled. These people were in ran,s waitin* to be lead away to their death. While standin* in the ran,s my friend and I ,ept loo,in* at one another but we were separated by what seemed to be hundreds of people. &ust before they called our number they lead us away 1untold thousands2 under *uard to return later. I as,ed some of the people in the ran,s to step aside so I could *et ne5t to my friend. I told him that while I was in the ran,s awaitin* death the Holy Spirit told me not to listen to their reasons for death but to consider His reasons 1Holy Spirit's2 for the sanctity of life and that we were to do whatever it too, to stay alive and defeat the beast. I saw myself tappin* my friend on the head and told him this was an e5ample of how the Holy Spirit related to me that He wanted our attention. The Holy Spirit said we were to *o and do the Holy Spirit's biddin* no
matter where it lead us and that we would be protected. We both loo,ed at each other and decided we could not die voluntarily as the other Christians. We loo,ed at each other and said this is cra6y my friend said this is voluntary 8ust li,e bein* a ;ourteenth (mendment citi6en. We then wal,ed out of the ran,s ri*ht in front of the British *uards unseen and escaped. )eep in mind you cannot control your dreams. =oes 0od (lmi*hty still communicate throu*h dreams as he did with 0eor*e Washin*ton@ The Bible ma,es it clear He does. Whether this dream is a product of uncontrolled ima*ination while asleep or insi*ht from the Holy Spirit I will only say let history decide. I am satisfied of the dreams ori*in because of its fulfillment throu*h recent ,nowled*e that wasn't ,nown at that time. I hope you will read the rest of the documentation in the footnotes followin* this commentary. F!!T'!TES Footnote "
Chronolo*y of orth Carolina 0overnors -ri*inal 3ir*inia Colony /alph $ane !" !"# &ohn White !"G Commander of the Southern %lantation Samuel Stephens !##F !##E 1later *overnor under $ords %roprietors2 $ords %roprietors
William =rummond !##E !##G Samuel Stephens !##G !##< 1previously Commander of the Southern %lantation2 %eter Carteret !#G !#GF &ohn &en,ins !#GF !#GG 1first of two terms2 Thomas +astchurch !#G# !#G" 1never actually served2 Thomas 9iller !#GG &ohn Harvey !#G< &ohn &en,ins !#G< !#"! 1second term2 %hilip $udwell !#"< !#
0eor*e Burrin*ton !G4! !G4E 1previously *overnor under the $ords %roprietors2 0abriel &ohnston !G4E !GF athaniel /ice !GF !G4 9atthew /owan !G4 !GE
(rthur =obbs !GE !G# William Tryon !#G !GG! &ames Hasell !GG! &osiah 9artin !GG! !GG :o4ernors of the State of 'orth Carolina
/ichard Caswell !GG# !G" 1first of two terms2 (bner ash !G" !G"! Thomas Bur,e !G"! !G"F (le5ander 9artin !G"F !G" 1first of two terms2 /ichard Caswell !G"E !G"G 1second of two terms2 Samuel &ohnston !G"G !G"< (le5ander 9artin !G"< !G
/ichard =obbs Spai*ht &r. !"4 !"4# +dward =udley Bishop !"4# !"E! &ohn 9otley 9orehead !"E! !"E William (le5ander 0raham !"E !"E< Charles 9anly !"E< !" =avid Steele /eid !"! !"E Warren Winslow !"E !" Thomas Bra** !" !"< &ohn Willis +llis !"< !"#! Henry Toole Clar, !"#! !"#F Rebulon Baird 3ance !"#F !"# 1first of two terms2 William Woods Holden !"# 1first of two terms2 &onathan Worth !"# !"#" William Woods Holden !"#" !"G Tod /obinson Caldwell !"G !"GE Curtis Hoo,s Bro*den !"GE !"GG Rebulon Baird 3ance !"GG !"G< 1second of two terms2 Thomas &ordan &arvis !"G< !"" &ames $owry /obinson !""4 (lfred 9oore Scales !"" !""< =avid 0ould ;owle !""< !"
Clyde /oar, Hoey !<4G !
Footnote =
THE SEC!'D VI3:I'I CH3TE3 &ay =2) "(;#
&ames by the *race of 0od N)in* of +n*land Scotland ;rance and Ireland defender of the faith etc.O To all Nto whom these presents shall come *reetin*.O Whereas at the humble suite and request of sondrie oure lovin*e and well disposed sub8ects intendin*e to deduce a colonie and
to ma,e habitacion and plantacion of sondrie of oure people in that parte of (merica comonlie called 3ir*inia and other part and territories in (merica either apperteynin*e unto us or which are not actually possessed of anie Christian prince or people within certaine bound and re*ions wee have formerly by oure lettres patents bearin*e date the tenth of (prill in the fourth yeare of oure rai*ne of +n*land ;raunce and Ireland and the nine and thirtieth of Scotland *raunted to Sir Thomas 0ates Sir 0eor*e Somers and others for the more speedie accomplishment of the said plantacion and habitacion that they shoulde devide themselves into twoe colloniesthe one consistin*e of divers )ni*hts *entlemen merchaunts and others of our cittie of $ondon called the ;irst CollonieJ and the other of sondrie )ni*hts *entlemen and others of the citties of Bristoll +5eter the towne of %lymouth and other places called the Seccond Collonieand have yielded and *raunted maine and sondrie priviled*es and liberties to each Collonie for their quiet setlin*e and *ood *overnment therein as by the said lettres patents more at lar*e appeareth. owe forasmuch as divers and sondrie of oure lovin*e sub8ects as well adventurers as planters of the said ;irst Collonie 1which have alreadie en*a*ed them selves in furtherin*e the businesse of the said plantacion and doe further intende
by the assistance of (lmi*htie 0od to prosecute the same to a happie ende2 have of late ben humble suiters unto us that in respect of their *reat charde*es and the adventure of manie of their lives which they have ha6arded in the said discoverie and plantacion of the said countrie wee woulde be pleased to *raunt them a further enlar*ement and e5planacion of the said *raunte priviled*e and liberties and that suche counsellors and other officers maie be appointed amonn*est them to mana*e and direct their affaires NasO are willin*e and readie to adventure with themJ as also whose dwellin*s are not so farr remote from the cittye of $ondon but that they maie at convenient tymes be readie at hande to *ive advice and assistance upon all occacions requisite. We *reatlie affectin*e the effectual prosecucion and happie successe of the said plantacion and comendin*e their *ood desires theirin for their further encoura*ement in accomplishin*e so e5cellent a wor,e much pleasin*e to 0od and profitable to oure )in*domes doe of oure speciall *race and certeine ,nowled*e and meere motion for us oure heires and successors *ive *raunt and confirme to oure trustie and welbeloved sub8ects NSub8ects deleted by author because of spaceO (nd to such and so manie as they doe or shall hereafter admitt to be
8oyned with them in forme hereafter in theis presentes e5pressed whether they *oe in their persons to be planters there in the said plantacion or whether they *oe not but doe adventure their monyes *oods or chattels that they shalbe one bodie or communaltie perpetuall and shall have perpetual succession and one common seale to serve for the saide bodie or communaltieJ and that they and their successors shalbe ,nowne called and incorporated by the name of The Tresorer and Companie of (dventurers and %lanters of the Citty of $ondon for the ;irste Collonie in 3ir*inia. (nd that they and their successors shalbe from hensforth forever enabled to ta,e acquire and purchase by the name aforesaid 1licens for the same from us oure heires or successors first had and obtained2 anie manner of lands tenements and hereditaments *oods and chattels within oure realme of +n*land and dominion of WalesJ and that they and their successors shalbe li,ewise enabled by the name aforesaid to pleade and to be impleaded before anie of oure 8ud*es or 8ustices in anie oure courts and in anie accions or suits whatsoever. (nd wee doe also of oure said speciall *race certaine ,nowled*e and mere mocion *ive *rannte and confirme unto the said Treasurer and Companie and their successors under the reservacions limittacions
and declaracions hereafter e5pressed all those lands countries and territories scituat liein*e and bein*e in that place of (merica called 3ir*inia from the pointe of lande called Cape or %ointe Comfort all alon*e the seacoste to the northward twoe hundred miles and from the said pointe of Cape Comfort all alon*e the sea coast to the southward twoe hundred milesJ and all that space and circuit of lande liein*e from the sea coaste of the precinct aforesaid upp unto the lande throu*houte from sea to sea west and northwestJ and also all the island bein*e within one hundred miles alon*e the coaste of bothe seas of the precincte aforesaidJ to*eather with all the soiles *roundes havens and portes mynes aswell royall mynes of *olde and silver as other mineralls pearles and precious stones quarries woods rivers waters fishin*s comodities 8urisdictions royalties priviled*es franchisies and preheminences within the said territorie and the precincts there of whatsoeverJ and thereto or there abouts both by sea and lande bein*e or in anie sorte belon*in*e or appertaynin*e and which wee by oure lettres patents maie or cann *raunteJ and in as ample manner and sorte as wee or anie oure noble pro*enitors have heretofore *raunted to anie companie bodie pollitique or corporate or to anie adventurer or adventurers underta,er or underta,ers of anie discoveries plantacions or traffique of in or into anie forraine parts whatsoeverJ
and in as lar*e and ample manner as if the same were herin particulerly mentioned and e5pressedK to have houlde possesse and en8oye all and sin*uler the said landes countries and territories with all and sin*uler other the premisses heretofore by theis NpresentsO *raunted or mencioned to be *rannted to them the said Treasurer and Companie their successors and assi*nes foreverJ to the sole and proper use of them the said Treasurer and Companie their successors and assi*nes NforeverO to be holden of us oure heires and successors as of oure mannour of +st*reenewich in free and common soca*e and not in capiteJ yeldin*e and payin*e therefore to us oure heires and successors the fifte parte onlie of all oare of *ould and silver that from tvme to time and at all times hereafter shalbe there *otton had and obtained for all manner of service. (nd nevertheles oure will and pleasure is and wee doe by theis presentes chard*e commannde warrant and auctori6e that the said Treasurer and Companie and their successors or the ma8or parte of them which shall be present and assembled for that purpose shall from time to time under their common seale distribute convey assi*ne and set over such particuler porcions of lands tenements and hereditaments by theise presents formerly *rannted unto such oure lovin*e sub8ects naturallie borne of deni6ens or others aswell
adventurers as planters as by the said Companie upon a commission of survey and distribucion e5ecuted and retourned for that purpose shalbe named appointed and allowed wherein oure will and pleasure is that respect be had as well of the proporcion of the adventureNrO as to the speciall service ha6arde e5ploite or meritt of anie person so as to be recompenced advannced or rewarded. (nd for as muche as the *ood and prosperous successe of the said plantacion cannot but cheiflie depende ne5t under the blessin*e of 0od and the supporte of oure royall aucthoritie upon the provident and *ood direccion of the whole enterprise by a carefull and understandin*e Counsell and that it is not convenient that all the adventurers shalbe so often drawne to meete and assemble as shalbe requisite for them to have metin*s and conference aboute theire affaires therefore we doe ordaine establishe and confirme that there shalbe perpetually one Counsell here resident accordin*e to the tenor of oure former lettres patents which Counsell shall have a seale for the better *overnement and administracion of the said plantacion besides the le*all seale of the Companie or Corporacion as in oure former lettres patents is also e5pressed. (nd further wee establishe and ordaine that
Henrie +arl of Southampton William +arl of %embroo,e Henrie +arl of $incoln Thomas +arl of +5eter /oberte $ord 3iscounte $isle $ord Theophilus Howard &ames $ord Bishopp of Bathe and Wells +dward $ord Rouche Thomas $ord $aware William $ord 9ountea*le +dmunde $ord Sheffeilde 0rey $ord Shanndoys NChandoisO &ohn $ord Stanhope 0eor*e $ord Carew Sir Humfrey Welde $ord 9ayor of $ondon Sir +dward Cecil Sir William Waad NWadeO Sir Henrie evill Sir Thomas Smith Sir -liver Cromwell Sir %eter 9anwood Sir Thomas Challoner Sir Henrie Hovarte NHobartO Sir ;ranncis Bacon Sir 0eor*e Coppin Sir &ohn Scott Sir Henrie Carey Sir /oberte =rurie N=ruryO Sir Horatio 3ere Sir +ward Conwaye NConwayO Sir 9aurice Ber,eley NBar,eleyO Sir Thomas 0ates Sir 9ichaele Sands NSandysO Sir /oberte 9ansfeild N9anselO Sir &ohn Trevor Sir (myas %reston Sir William 0odolphin Sir Walter Cope Sir /obert )illi*rewe
Sir Henrie ;aushawe N;anshawO Sir +dwyn Sandes NSandysO Sir &ohn Watts Sir Henrie 9onta*ue Sir William /omney Sir Thomas /oe Sir Baptiste Hic,s Sir /ichard Williamson Sir Stephen %owle N%ooleO Sir =udley =i**s Christopher Broo,e N+sq.O &ohn +ldred and &ohn Wolstenholme shalbe oure Counsell for the said Companie of (dventurers and %lanters in 3ir*inia. (nd the said Sir Thomas Smith wee ordaine to be Treasurer of the said Companie which Treasurer shall have aucthoritie to *ive order for the warnin*e of the Counsell and sommonin*e the Companie to their courts and meetin*s. (nd the said Counsell and Treasurer or anie of them shalbe from henceforth nominated chosen contynued displaced chaun*ed altered and supplied as death or other severall occasions shall require out of the Companie of the said adventurers by the voice of the *reater parte of the said Counsell and adventurers in their assemblie for that purposeJ provided alwaies that everie Councellor so newlie elected shalbe presented to the $ord Channcellor of +n*land or to the $ord Hi*he Treasurer of +n*land or the $ord Chambleyne of the
housholde of us oure heires and successors for the tyme bein*e to ta,e his oathe of a Counsellor to us oure heires and Successors for the said Companie and Collonie in 3ir*inia. (nd wee doe by theis presents of oure especiall *race certaine ,nowled*e and meere motion for us oure heires and successors *rannte unto the said Treasurer and Companie and their successors that if it happen at anie time or times the Treasurer for the tyme bein*e to be sic, or to have anie such cause of absente from the cittie of $ondon as shalbe allowed by the said Counsell or the *reater parte of them assembled so as he cannot attende the affaires of that Companie in everie such case it shall and maie be lawfull for such Treasurer for the tyme bein*e to assi*ne constitute and appointe one of the Counsell for Companie to be li,ewise allowed by the Counsell or the *reater parte of them assembled to be the deputie Treasurer for the said CompanieJ which =eputie shall have power to doe and e5ecute all thin*s which belon*e to the said Treasurer durin*e such tyme as such Treasurer shalbe sic, or otherwise absent upon cause allowed of by the said Counsell or the ma8or parte of them as aforesaid so fullie and wholie and in as lar*e and ample manner and forme and to all intents and purposes as the said Treasurer if he were present himselfe maie or mi*ht doe and e5ecute the same.
(nd further of oure especiall *race certaine ,nowled*e and meere mocion for us oure heires and successors wee doe by theis presents *ive and *rannt full power and aucthoritie to oure said Counsell here resident aswell at this present tyme as hereafter from time to time to nominate ma,e constitute ordaine and confirme by such name or names stile or stiles as to them shall seeme *ood and li,ewise to revo,e dischard*e chann*e and alter aswell all and sin*uler *overnors oficers and ministers which alreadie hath ben made as also which hereafter shalbe by them thou*ht fitt and meedefull to be made or used for the *overnment of the said Colonie and plantacion. (nd also to ma,e ordaine and establishe all manner of orders lawes directions instructions formes and ceremonies of *overnment and ma*istracie fitt and necessarie for and concernin*e the *overnment of the said Colonie and plantacionJ and the same att all tymes hereafter to abro*ate revo,e or chaun*e not onely within the precincts of the said Colonie but also upon the seas in *oein* and comin*e to and from the said Collonie as they in their *ood discrecions shall thin,e to be fittest for NtheO *ood of the adventurers and inhabiters there. (nd we doe also declare that for divers reasons and consideracions us thereunto
especiallie movin* oure will and pleasure is and wee doe hereby ordaine that imediatlie from and after such time as anie such *overnour or principall officer so to be nominated and appointed by oure said Counsell for the *overnement of the said Colonie as aforesaid shall arive in 3ir*inia and *ive notice unto the Collonie there resident of oure pleasure in this behalfe the *overnment power and aucthority of the %resident and Counsell heretofore by oure former lettres patents there established and all lawes and constitucions by them formerlie made shall utterly cease and be determinedJ and all officers *overnours and ministers formerly constituted or appointed shalbe dischard*ed anie thin*e in oure said former lettres patents consernin*e the said plantacion contayned in aniewise to the contrarie notwithstandin*eJ strei*htlie chard*in*e and commaundin*e the %resident and Counsell nowe resident in the said Collonie upon their allead*iance after ,nowled*e *iven unto them of oure will and pleasure by theis presentes si*nified and declared that they forth with be obedient to such *overnor or *overners as by oure said Counsell here resident shalbe named and appointed as aforesaidJ and to all direccions orders and commandements which they shall receive from them aswell in the present resi*nin*e and *ivein*e upp of their aucthoritie offices chard* and places as in all
other attendannce as shalbe by them from time to time required. (nd wee doe further by theis presentes ordaine and establishe that the said Treasurer and Counsell here resident and their successors or anie fower of them assembled 1the Treasurer bein*e one2 shall from time to time have full power and aucthoritie to admitt and receive anie other person into their companie corporacion and freedomeJ and further in a *enerall assemblie of the adventurers with the consent of the *reater parte upon *ood cause to disfranchise and putt oute anie person or persons oute of the said fredome and Companie. (nd wee doe also *rannt and confirme for us oure heires and successors that it shalbe lawfull for the said Treasurer and Companie and their successors by direccion of the 0overnors there to di** and to serche for all manner of mynes of *oulde silver copper iron leade tinne and other mineralls aswell within the precincts aforesaid as within anie parte of the maine lande not formerly *raunted to anie otherJ and to have and en8oye the *ould silver copper iron leade and tinn and all other mineralls to be *otten thereby to the use and behoofe of the said Companie of %lanters and (dventurers yeldin*e therefore and payin*e yerelie unto us oure heires and successors as aforesaid. (nd wee doe further of oure
speciall *race certaine ,nowled*e and meere motion for us oure heires and successors *rannt by theis presents to and withe the said Treasurer and Companie and their successors that it shalbe lawfull and free for them and their assi*nes at all and everie time and times here after oute of oure realme of +n*land and oute of all other NourO dominions to ta,e and leade into the said voya*e and for and towards the said plantacion and to travell thitherwards and to abide and inhabite therein the said Colonie and plantacion all such and so manie of oure lovin*e sub8ects or anie other straun*ers that wilbecomme oure lovin*e sub8ects and live under oure alle*iance as shall willin*lie accompanie them in the said voyad*e and plantation with sufficient shippin*e armour weapons ordinannce municion powder shott victualls and such merchaundi6e or wares as are esteemed by the wilde people in those parts clothin*e implements furnitures catle horses and mares and all other thin*es necessarie for the said plantation and for their use and defence and trade with the people there and in passin*e and retournin*e to and from without yeldin*e or payin*e subsedie custome imposicion or anie other ta5e or duties to us oure heires or successors for the space of seaven yeares from the date of theis presentsJ provided that none of the said persons be such as shalbe hereafter by speciall name
restrained by us oure heires or successors. (nd for their further encoura*ement of oure speciall *race and favour wee doe by theis present for us oure heires and successors yeild and *raunte to and with the said Treasurer and Companie and their successors and everie of them their factors and assi*nes that they and every of them shalbe free and quiett of all subsedies and customes in 3ir*inia for the space of one and twentie yeres and from all ta5es and imposicions for ever upon anie *oods or merchaundi6es at anie time or times hereafter either upon importation thither or e5portation from thence into oure realme of +n*land or into anie other of oure Nrealms orO dominions by the said Treasurer and Companie and their successors their deputies factors NorO assi*nes or anie of them e5cept onlie the five pound per centum due for custome upon all such *ood and merchanndi6es as shalbe brou*ht or imported into oure realme of +n*land or anie other of theis oure dominions accordin*e to the auncient trade of merchannts which five poundes per centum onely bein*e paid it shalbe thensforth lawfull and free for the said (dventurers the same *oods NandO merchaundi6es to e5port and carrie oute of oure said dominions into forraine partes without anie custome ta5e or other duty to be paide to us oure heires or successors or to anie other oure officers or
deputiesJ provided that the saide *oods and merchaundi6es be shipped out within thirteene monethes after their first landin*e within anie parte of those dominions. (nd wee doe also confirme and *rannt to the said Treasurer and Companie and their successors as also to all and everie such *overner or other officers and ministers as by oure said Counsell shalbe appointed to have power and aucthoritie of *overnement and commannd in or over the said Colonie or plantacionJ that they and everie of them shall and lawfullie maie from tyme to tyme and at all tymes forever hereafter for their severall defence and safetie enconnter e5pulse repell and resist by force and armes aswell by sea as by land and all waies and meanes whatsoever all and everie such person and persons whatsoever as without the speciall licens of the said Treasurer and Companie and their successors shall attempte to inhabite within the said severall precincts and lymitts of the said Colonie and plantacionJ and also all and everie such person and persons whatsoever as shall enterprise or attempte at anie time hereafter destruccion invasion hurte detriment or annoyannce to the said Collonye and plantacion as is li,ewise specified in the said former *rannte. (nd that it shalbe lawful for the said Treasurer and Companie and their successors and everie of them
from time to time and at all times hereafter and they shall have full power and aucthoritie to ta,e and surprise by all waies and meanes whatsoever all and everie person and persons whatsoever with their shippes *oods and other furniture traffiquin*e in anie harbor cree,e or place within the limitts or precincts of the said Colonie and plantacion NnotO bein* allowed by the said Companie to be adventurers or planters of the said Colonie untill such time as they bein*e of anie realmes or dominions under oure obedience shall paie or a*ree to paie to the hands of the Treasurer or NofO some other officer deputed by the said *overnors in 3ir*inia 1over and above such subsedie and custome as the said Companie is or here after shalbe to paie2 five poundes per centum upon all *oods and merchaundi6es soe brou*ht in thither and also five per centum upon all *oods by them shipped oute from thenceJ and bein* straun*ers and not under oure obedience untill they have payed 1over and above such subsedie and custome as the same Treasurer and Companie and their successors is or hereafter shalbe to paie2 tenn pounds per centum upon all such *oods li,ewise carried in and oute any thin*e in the former lettres patents to the contrarie not withstandin*eJ and the same sommes of monie and benefitt as aforesaid for and durin*e the space of one and twentie yeares shalbe wholie imploied to the benefitt and behoof of the said Colonie and plantacionJ and after
the saide one and twentie yeares ended the same shalbe ta,en to the use of us oure heires or successors by such officer and minister as by us oure heires or successors shalbe thereunto assi*ned and appointed as is specified in the said former lettres patents. (lso wee doe for us oure heires and successors declare by theis presents that all and everie the persons bein*e oure sub8ects which shall *oe and inhabit within the said Colonye and plantacion and everie of their children and posteritie which shall happen to be borne within NanyO the lymitts thereof shall have NandO en8oye all liberties franchesies and immunities of free deni6ens and naturall sub8ects within anie of oure other dominions to all intents and purposes as if they had bine abidin*e and borne within this oure ,in*dome of +n*land or in anie other of oure dominions. (nd forasmuch as it shalbe necessarie for all such our lovin*e sub8ects as shall inhabitt within the said precincts of 3ir*inia aforesaid to determine to live to*ither in the feare and true woorshipp of (lmi*htie 0od Christian peace and civill quietnes each with other whereby everie one maie with more safety pleasure and profitt en8oye that where unto they shall attaine with *reat paine and perill wee for us oure heires and successors are li,ewise pleased and contented and by theis presents doe *ive and *raunte unto the said Tresorer and
Companie and their successors and to such *overnors officers and ministers as shalbe by oure said Councell constituted and appointed accordin*e to the natures and lymitts of their offices and places respectively that they shall and maie from time to time for ever hereafter within the said precincts of 3ir*inia or in the waie by the seas thither and from thence have full and absolute power and aucthority to correct punishe pardon *overne and rule all such the sub8ects of us oure heires and successors as shall from time to time adventure themselves in anie voiad*e thither or that shall at anie tyme hereafter inhabitt in the precincts and territorie of the said Colonie as aforesaid accordin*e to such order ordinaunces constitution directions and instruccions as by oure said Counsell as aforesaid shalbe establishedJ and in defect thereof in case of necessitie accordin* to the *ood discretions of the said *overnours and officers respectively aswell in cases capitall and criminall as civill both marine and other so alwaies as the said statuts ordinannces and proceedin*es as neere as convenientlie maie be be a*reable to the lawes statutes *overnment and pollicie of this oure realme of +n*land. (nd we doe further of oure speciall *race certeine ,nowled*e and mere mocion *rant declare and ordaine that such principall *overnour as from time to time shall dulie and lawfullie be aucthorised
and appointed in manner and forme in theis presents heretofore e5pressed shall NhaveO full power and aucthoritie to use and e5ercise marshall lawe in cases of rebellion or mutiny in as lar*e and ample manner as oure leiutenant in oure counties within oure realme of +n*land have or ou*ht to have by force of their comissions of lieutenancy. (nd furthermore if anie person or persons adventurers or planters of the said Colonie or anie other at anie time or times hereafter shall transporte anie monyes *oods or marchaundi6es oute of anie NofO oure ,in*domes with a pretence or purpose to lande sell or otherwise dispose the same within the lymitts and bounds of the said Collonie and yet nevertheles bein*e at sea or after he hath landed within anie part of the said Colonie shall carrie the same into anie other forraine Countrie with a purpose there to sell and dispose there of that then all the *oods and chattels of the said person or persons so offendin*e and transported to*ether with the shipp or vessell wherein such transportacion was made shalbe forfeited to us oure heires and successors. (nd further oure will and pleasure is that in all questions and doubts that shall arrise upon anie difficultie of construccion or interpretacion of anie thin*e contained either in this or in oure said former lettres patents the same shalbe ta,en and interpreted in most ample and beneficiall manner
for the said Tresorer and Companie and their successors and everie member there of. (nd further wee doe by theis presents ratifie and confirme unto the said Tresorer and Companie and their successors all privule*es franchesies liberties and immunties *raunted in oure said former lettres patents and not in theis oure lettres patents revo,ed altered chann*ed or abrid*ed. (nd finallie oure will and pleasure is and wee doe further hereby for us oure heires and successors *rannte and a*ree to and with the said Tresorer and Companie and their successors that all and sin*uler person and persons which shall at anie time or times hereafter adventure anie somme or sommes of money in and towards the said plantacion of the said Colonie in 3ir*inia and shalbe admitted by the said Counsell and Companie as adventurers of the said Colonie in forme aforesaid and shalbe enrolled in the boo,e or record of the adventurers of the said Companye shall and maie be accompted accepted ta,en helde and reputed (dventurers of the said Collonie and shall and maie en8oye all and sin*uler *rannts priviled*es liberties benefitts profitts commodities Nand immunitiesO advanta*es and emoluments whatsoever as fullie lar*ely amplie and absolutely as if they and everie of them had ben precisely plainely sin*ulerly and distinctly named and
inserted in theis oure lettres patents. (nd lastely because the principall effect which wee cann desier or e5pect of this action is the conversion and reduccion of the people in those partes unto the true worshipp of 0od and Christian reli*ion in which respect wee would be lothe that anie person should be permitted to passe that wee suspected to affect the superstitions of the Churche of /ome wee doe hereby declare that it is oure will and pleasure that none be permitted to passe in anie voiad*e from time to time to be made into the saide countrie but such as firste shall have ta,en the oath of supremacie for which purpose wee doe by theise presents *ive full power and aucthoritie to the Tresorer for the time bein*e and anie three of the Counsell to tender and e5hibite the said oath to all such persons as shall at anie time be sent and imploied in the said voiad*e. (lthou*h e5presse mention Nof the true yearly value or certainty of the premises or any of them or of any other *ifts or *rants by us or any of our pro*enitors or predecessors to the aforesaid Treasurer and Company heretofore made in these presents is not madeJ or any act statute ordinance provision proclamation or restraint to the contrary hereof had made ordained or provided or any other thin* cause or matter whatsoever in any wise
notwithstandin*.O In witnes whereof Nwe have caused these our letters to be made patent. Witness ourself at Westminster the F4d day of 9ay 1!#<2 in the seventh year of our rei*n of +n*land ;rance and Ireland and of Scotland the O %er ipsum /e*em e5actum. British %ublic /ecord -ffice Chancery %atent /olls 1c. ##2 !G<# J William Stith The History of the ;irst =iscovery and Settlement of 3ir*inia Footnote 2 The Third Virginia Charter) "("=
&ames by the 0race of 0od )in* of +n*land Scotland ;rance and Ireland =efender of the ;aithJ To all to whom these %resents shall come 0reetin*. Whereas at the humble Suit of divers and sundry our lovin* Sub8ects as well (dventurers as %lanters of the first Colony in 3ir*inia and for the %ropa*ation of Christian /eli*ion and /eclaimin* of %eople barbarous to Civility and Humanity We have by our $etters %atents bearin* =ate at Westminster the threeand twentieth =ay of 9ay in the seventh ear of our /ei*n of +n*land ;rance and Ireland and the twoandfortieth of Scotland 0iven and 0ranted unto them that they and all such and so many of our lovin* Sub8ects as should from time
to time for ever after be 8oined with them as %lanters or (dventurers in the said %lantation and their Successors for ever should be one Body politic, incorporated by the ame of The Treasurer and Company of (dventurers and %lanters of the City of $ondon for the first Colony in 3ir*iniaJ (nd whereas also for the *reater 0ood and Benefit of the said Company and for the better ;urtherance Stren*thenin* and +stablishin* of the said %lantation we did further 0ive 0rant and Confirm by our $etters %atents unto the said Company and their Successors for ever all those $ands Countries or Territories situate lyin* and bein* in that %art of (merica called 3ir*inia from the %oint of $and called Cape or %oint Comfort all alon* the Sea Coasts to the orthward two hundred 9ilesJ and from the said %oint of Cape Comfort all alon* the Sea Coast to the Southward two hundred 9ilesJ and all that Space and Circuit of $and lyin* from the Sea Coast of the %recinct aforesaid up into the $and throu*hout from Sea to Sea West and orthwestJ and also all the Islands lyin* within one hundred 9iles alon* the Coast of both the Seas of the %recinct aforesaidJ with divers other 0rants $iberties ;ranchises and %reheminences %rivile*es %rofits Benefits and Commodities *ranted in and by our said $etterspatents to the said Treasurer and Company and their Successors for ever. ow forasmuch as we are *iven to understand that
in those Seas ad8oinin* to the said Coasts of 3ir*inia and without the Compass of those two hundred 9iles by s so *ranted unto the said Treasurer and Company as aforesaid and yet not far distant from the said Colony in 3ir*inia there are or may be divers Islands lyin* desolate and uninhabited some of which are already made ,nown and discovered by the Industry Travel and +5pences of the said Company and others also are supposed to be and remain as yet un,nown and undiscovered all and every of which it may import the said Colony both in Safety and %olicy of Trade to populate and plantJ in /e*ard whereof as well for the preventin* of %eril as for the better Commodity of the said Colony they have been humble suitors unto s that We would be pleased to *rant unto them an +nlar*ement of our said former $etterspatents. . . . all and sin*ular those Islands whatsoever situate and beiii* in any %art of the -cean Seas borderin* upon the Coast of our said first Colony in 3ir*inia and bein* within three Hundred $ea*ues of any of the %arts heretofore *ranted to the said Treasurer and Company in our said former $etters%atents as aforesaid. . . . To have and to hold possess and en8oy all and sin*ular the said Islands in the said -cean Seas so lyin* and borderin* upon the Coast and Coasts of the Territories of the said first Colony in 3ir*inia as
aforesaid. With all and sin*ular the said Soils $ands 0rounds and all and sin*ular other the %remises heretofore by these %resents *ranted or mentioned to be *ranted to them. . . . (nd We are further pleased and We do by these %resents *rant and confirm that %hilip +arl of 9ont*omery William $ord %a*et sir &ohn Starrin*ton )ni*ht etc. whom the said Treasurer and Company have since the said last $etters%atents nominated and set down as worthy and discreet %ersons fit to serve s as Counsellors to be of our Council for the said %lantation shall be reputed deemed and ta,en as %ersons of our said Council for the said first Colony in such 9anner and Sort to all Intents and %urposes as those who have been formerly elected and nominated as our Counsellors for that Colony and whose ames have been or are inserted and e5pressed in our said former $etters%atents. (nd we do hereby ordain and *rant by these %resents that the said Treasurer and Company of (dventurers and %lanters aforesaid shall and may once every wee, or oftener at their %leasure hold and ,eep a Court and (ssembly for the better -rder and 0overnment of the said %lantation and such Thin*s as shall concern the sameK (nd that any five %ersons of our Council for the said first Colony in 3ir*inia for the Time bein* of which Company the Treasurer or his =eputy to be always one and
the umber of fifteen others at the least of the 0enerality of the said Company assembled to*ether in such 9anner. as is and bath been heretofore used and accustomed shall be said ta,en held and reputed to be and shall be a sufficient Court of the said Company for the handlin* and orderin* and dispatchin* of all such casual and particular -ccurrences and accidental 9atters of less Consequence and Wei*ht as shall from Time to Time happen touchin* and concernin* the said %lantation (nd that nevertheless for the handlin* orderin* and disposin* of 9atters and (ffairs of *reater Wei*ht and Importance and such as shall or may in any Sort concern the Weal %ublic, and *eneral 0ood of the said Company and %lantation as namely the 9anner of 0overnment from Time to Time to be used the orderin* and =isposin* of the $ands and %ossessions and the settlin* and establishin* of a Trade there or such li,e there shall be held and ,ept every ear upon the last Wednesday save one of Hillary Term +aster Trinity and 9ichaelmas Terms for ever one *reat *eneral and solemn (ssembly which four (ssemblies shall be stiled and called The four 0reat and 0eneral Courts of the Council and Company of (dventurers for 3ir*iniaJ In all and every of which said 0reat and 0eneral Courts so assembled our Will and %leasure is and we do for s our Heirs and Successors for
ever 0ive and 0rant to the said Treasurer and Company and their Successors for ever by these %resents that they the said Treasurer and Company or the *reater umber of them so assembled shall and may have full %ower and (uthority from Time to Time and at all Times hereafter to elect and chuse discreet %ersons to be of our said Council for the said first Colony in 3ir*inia and to nominate and appoint such -fficers as they shall thin, fit and requisite for the 0overnment mana*in* orderin* and dispatchin* of the (ffairs of the said CompanyJ (nd shall li,ewise have full %ower and (uthority to ordain and ma,e such $aws and -rdinances for the 0ood and Welfare of the said %lantation as to them from Time to Time shall be thou*ht requisite and meetK So always as the same be not contrary to the $aws and Statutes of this our /ealm of +n*land. . . . n !rdinance nd Constitution !f The Virginia Co17any Footnote >
(n -rdinance and Constitution of the 3ir*ina and the creation of Counsel of State Company in +n*land FE &uly !#F! (n -rdinance and Constitution of the Treasurer Council and Company in +n*land for a Council of State and 0eneral (ssembly. I. To all people to whom these presents shall come be
seen or heard the treasurer council and company of adventurers and planters for the city of $ondon for the first colony of 3ir*inia send *reetin*. )now ye that we the said treasurer council and company ta,in* into our careful consideration the present state of the said colony of 3ir*inia and intendin* by the divine assistance to settle such a form of *overnment there as may be to the *reatest benefit and comfort of the people and whereby all in8ustice *rievances and oppression may be prevented and ,ept off as much as possible from the said colony have thou*ht fit to ma,e our entrance by orderin* and establishin* such supreme councils as may not only be assistin* to the *overnor for the time bein* in the administration of 8ustice and the e5ecutin* of other duties to this office belon*in* but also by their vi*ilant care and prudence may provide as well for a remedy of all inconveniences *rowin* from time to time as also for advancin* of increase stren*th stability and prosperity of the said colonyK II. We therefore the said treasurer council and company by authority directed to us from his ma8esty under the *reat seal upon mature deliberation do hereby order and declare that from hence forward there shall be two supreme councils in 3ir*inia for the better *overnment of the said colony aforesaid.
III. The one of which councils to be called the council of state 1and whose office shall chiefly be assistin* with their care advice and circumspection to the said *overnor2 shall be chosen nominated placed and displaced from time to time by us the said treasurer council and company and our successorsK which council of state shall consist for the present only of these persons as are here inserted vi6. sir ;rancis Wyatt *overnor of 3ir*inia captain ;rancis West sir 0eor*e eardley ,ni*ht sir William euce ,ni*ht marshal of 3ir*inia 9r. 0eor*e Sandys treasurer 9r. 0eor*e Thorpe deputy of the colle*e captain Thomas euce deputy for the company 9r. %owlet 9r. $eech captain athaniel %owel 9r. Christopher =avidson secretary =octor %otts physician to the company 9r. /o*er Smith 9r. &ohn Ber,eley 9r. &ohn /olfe 9r. /alph Hamer 9r. &ohn %ountis 9r. 9ichael $apworth 9r. Harwood 9r. Samuel 9acoc,. Which said counsellors and council we earnestly pray and desire and in his ma8esty's name strictly char*e and command that 1all factions partialities and sinister respect laid aside2 they bend their care and endeavours to assist the said *overnorJ first and principally in the advancement of the honour and service of 0od and the enlar*ement of his ,in*dom a*ainst the heathen peopleJ and ne5t in erectin* of the said colony in due obedience to his ma8esty and all lawful authority
from his ma8esty's directionsJ and lastly in maintainin* the said people in 8ustice and christian conversation amon*st themselves and in stren*th and ability to withstand their enemies. (nd this council to be always or for the most part residin* about or near the *overnor. I3. The other council more *enerally to be called by the *overnor once yearly and no oftener but for very e5traordinary and important occasions shall consist for the present of the said council of state and of two bur*esses out of every town hundred or other particular plantation to be respectively chosen by the inhabitantsK which council shall be called The 0eneral (ssembly wherein 1as also in the said council of state2 all matters shall be decided determined and ordered by the *reater part of the voices then presentJ reservin* to the *overnor always a ne*ative voice. (nd this *eneral assembly shall have free power to treat consult and conclude as well of all emer*ent occasions concernin* the public, weal of the said colony and every part thereof as also to ma,e ordain and enact such *eneral laws and orders for the behoof of the said colony and the *ood *overnment thereof as shall from time to time appear necessary or requisiteJ 3. Whereas in all other thin*s we require the said *eneral assembly as also the said council of state to
imitate and follow the policy of the form of *overnment laws customs and manner of trial and other administration of 8ustice used in the realm of +n*land as near as may be even as ourselves by his ma8esty's letters patent are required. 3I. %rovided that no law or ordinance made in the said *eneral assembly shall be or continue in force or validity unless the same shall be solemnly ratified and confirmed in a *eneral quarter court of the said company here in +n*land and so ratified be returned to them under our sealJ it bein* our intent to afford the li,e measure also unto the said colony that after the *overnment of the said colony shall once have been well framed and settled accordin*ly which is to be done by us as by authority derived from his ma8esty 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 li,e manner in the *eneral assemblies. In witness whereof we have hereunto set our common seal the FEth of &uly !#F!. Footnote ?
THE CH3TE3) "((2) The Charter of Carolina CH(/$+S TH+ S+C-= B TH+ *race of 0od )in* of +n*land Scotland ;rance and Ireland defender of the ;aith etc. T- ($$ to whom these presents shall come
0reetin*K WH+/+(S our ri*ht trusty and ri*ht wellbeloved Cousins and CounsellorsK +dward +arl of Clarendon our Hi*h Chancellor of +n*landJ and 0eor*e =u,e of (lbemarle 9aster of our Horse and Captain 0eneral of all our ;orcesJ -ur ri*ht trusty and wellbelov ed William $ord CravenJ &ohn $ord Ber,leyJ -ur ri*ht trusty and wellbeloved Counsellor (nthony $ord (shley Chancellor of our +5chequerJ Sir 0eor*e Carterett )ni*ht and Baronet 3ice Chamberlain of our HouseholdJ (nd our trusty and wellbeloved Sir W illiam Ber,ley )ni*htJ and Sir &ohn Colleton )ni*ht and Baronet bein* e5cited with a laudable and pious 6eal for the propa*ation of the Christian ;aith and the enlar*ement of our +mpire and =ominions H(3+ humbly besou*ht leave of us by their industry and Char*e to Transport and ma,e an ample Colony of our Sub8ects atives of our )in*dom of +n*land and elsewhere within our =ominions unto a certain Country hereafter described in the parts of (9+/IC( not yet cultivated or planted and only inhabite d by some barbarous %eople who have no ,nowled*e of (lmi*hty 0odJ (= WH+/+(S the said +dward +arl of ClarendonJ 0eor*e =u,e of (lbemarleJ William $ord CravenJ &ohn $ord Ber,leyJ (nthony $ord (shleyJ Sir 0eor*e CarterettJ Sir William Ber,leyJ and
Sir &ohn Colleton have humbly besou*ht us to *ive *rant and Confi rm unto them and their heirs the said Country with %rivile*es and &urisdictions requisite for the *ood 0overnment and safety thereofK )-W + therefore that We favourin* the pious and noble purpose of the said +dward +arl of ClarendonJ 0eor*e =u,e of (lbemarleJ William $ord CravenJ &ohn $ord Ber,leyJ (nthony $ord (shleyJ Sir 0eor*e CarterettJ Sir William Ber,leyJ and Sir &ohn Colleton -f our especial *race certain ,nowled*e and mere motion H(3+ *iven*ranted and Confirmed (= by this our present Charter for us our heirs and Successors =o *ive *rant and Confirm unto the said +dward +arl of ClarendonJ 0eor*e =u,e of (lbemarleJ William $ord CravenJ &ohn $ord Ber,leyJ (nthony $ord (shleyJ Sir 0eor*e CarterettJ Sir William Ber,leyJ and Sir &ohn Colleton their heirs and (ssi*nsK ($$ that Territory or Tract of *round situate lyin* and bein* within our =ominions in (merica e5tendin* from the orth end of the Island called $uc, Island which lies in the Southern 3ir*inia Seas and within si5 and Thirty =e*rees of the orthern $atitude and to the West as far as the South SeasJ and so Southerly as far as the /iver Saint 9athias which borders upon the Coast of ;lorida and within one and Thirty =e*rees of orthern $atitudeJ and West in a direct $ine
as far as the South Seas aforesaidJ To*ether with all and sin*ular %orts Harbours Bays /ivers Isles and Islets belon*in* unto the Country aforesaidJ (nd also all the Soil $ands ;ields Woods 9ountains ;arms $a,es /ivers Bays and Islets situate or bein* within the Bounds o r $imits aforesaidJ with the ;ishin* of all sorts of ;ish Whales Stur*eons and all other /oyal ;ishes in the Sea Bays Islets and /ivers within the premises and the ;ish therein ta,enJ (= moreover all 3eins 9ines and Muarries as well discovered as not discovered of 0old Silver 0ems and precious Stones and all other whatsoever be it of Stones 9etals or any other thin* whatsoever found or to be found within the Country Isles $imits aforesaidJ (= ;/TH+/9-/+ the %atrona*e and (dvowsons of all the Churches and Chapels which as Christian /eli*ion shall increase within the Country Isles Islets and $imits aforesaidK aforesaid shall happen hereafter to be erectedJ To*ether with licence and power to Build and found Churches Chapels an -ratories in convenient and fit places within the said Bounds and $imits and to cause them to be =edicated and Consecrated accordin* to the +cclesiastical $aws of our )in*dom in +n*landJ To*ether with all and sin*ular the li,e and as ample /i*hts &urisdictions %rivile*es
%rero*atives /oyalties $iberties Immunities and ;ranchises of what ,ind soever with the Country Isles Islets and $imits aforesaidJ
(shleyJ Sir 0eor*e CarterettJ Sir William Ber,leyJ and Sir &ohn Colleton their heirs and (ssi*ns foreverJ
T- H(3+ use e5ercise and en8oy and in as ample manner as any Bishop of =urham in our )in*dom of +n*land ever heretofore have held used or en8oyed or of ri*ht ou*ht or could have use or en8oyJ
T- B+ H+$= of us our heirs and Successors as of our 9anor of +ast 0reenwich in our County of )ent in ;ree and Common Socca*e and not in Capite nor by ,ni*ht's ServiceJ
(= them the said +dward +arl of ClarendonJ 0eor*e =u,e of (lbemarleJ William $ord Craven &ohn $ord Ber,leyJ (nthony $ord (shleyJ Sir 0eor*e CarterettJ Sir William Ber,leyJ and Sir &ohn Colleton their heirs and assi*ns W+ =- by these presents for us our heirs and Successors ma,e Create and Constitute the true and absolute $ords and %roprietaries of the Country aforesaid and of all other the premisesJ S(3I0 always the ;aith (lle*iance and Soverei*n =ominion due to us our heirs and Successors for the sameJ and Savin* also the ri*ht title and interest of all and every our Sub8ects of the +n*lish ation which are now %lanted within the $imits bounds aforesaid if any beJ T- H(3+ H-$= possess and en8oy the said Country Isles Islets and all and sin*ular other the premisesJ to them the said +dward +arl of ClarendonJ 0eor*e =u,e of (lbemarleJ William $ord CravenJ &ohn $ord Ber,leyJ (nthony $ord
I+$=l0 (= %(I0 yearly to us our heirs and Successors for the same the yearly /ent of Twenty 9ar,s of $awful money of +n*land at the ;east of (ll Saints yearly forever The ;irst payment thereof to be*in and be made on the ;east of (ll Saints which shall be in the year of -ur $ord -ne thousand si5 hundred Si5ty and five J (= also the fourth part of all 0old and Silver -re which with the limits aforesaid shall from time to time happen to be found. (= that the Country thus by us *ranted and described may be di*nified with as lar*e Titles and %rivile*es as any other parts of our =ominions and Territories in that /e*ionJ )-W + that We of our further *race certain ,nowled*e and mere motion H(3+ thou*ht fit to +rect the same Tract of 0round Country and Island into a %rovince and out of the fullness of our /oyal power and %rero*ative W+ =o for us our heirs and Successors +rect Incorporate and -rdain the same into a province and do call it the
%rovince of C(/-$I( and so from henceforth will have it called. (= ;-/(S9CH (S we have hereby made and -rdained the aforesaid +dward +arl of ClarendonJ 0eor*e =u,e of (lbemarleJ William $ord CravenJ &ohn $ord Ber,leyJ (nthony $ord (shleyJ Sir 0eor*e CarterettJ Sir William Ber,leyJ and Sir &ohn Colleton their heirs and (ssi*ns the true $ords and %roprietors of all the %rovince aforesaidK )-W + therefore moreover that We reposin* especial Trust and Confidence in their fidelity Wisdom &ustice and provident circumspection for us our heirs and Successors =o 0rant full and absolute power by virtue of these presents to them the s aid +dward +arl of ClarendonJ 0eor*e =u,e of (lbemarleJ William $ord CravenJ &ohn $ord Ber,leyJ (nthony $ord (shleyJ Sir 0eor*e CarterettJ Sir William Ber,leyJ and Sir &ohn Colleton and their heirs for the *ood and happy 0overnment of the said %rovinceK To -/=(I ma,e +nact and under their Seals to publish any $aws whatsoever either appertainin* to the public State of the said %rovince or to the private utility of particular %ersons accordin* to their best discretion of and with the advice assent and approbation of the ;reemen of the said %rovince or of the *reater part of them or of their =ele*ates or
=eputiesJ whom for enactin* of the said $aws when and as often as need shall require W+ WI$$ that the said +dward +arl of ClarendonJ 0eor*e =u,e of (lbemarleJ William $ord CravenJ &ohn $ord Ber,leyJ (nthony $ord (shleyJ Sir 0eor*e CarterettJ Sir William Ber,leyJ and Sir &ohn Colleton and their heirs shall from time to time. assemble in such manner and form as to them shall seem bestJ (= the same $aws duly to e5ecute upon all people within the said %rovince and $imits thereof for the time bein* or which shall be Constituted under the power and 0overnment of them or any of them either Sailin* towards the said %rovince of C(/-$I( or returnin* from thence towards +n*land or any other of our or forei*n =ominionsJ by Imposition of penalties Imprisonment or any other punishment +( if it shall be needful and the quality of the -ffence require it by ta,in* away member and life either by them the said +dward +arl of ClarendonJ 0eor*e =u,e of (lbemarleJ William $ord CravenJ &ohn $ord Ber,leyJ (nthony $ord (shleyJ Sir 0eor*e CarterettJ Sir William Ber,leyJ and Sir &ohn Colleton and their heirs or by them or their =eputies $ieutenants &ud*es &ustices 9a*istrates -fficers and 9inisters to be -rdained or appointed accordin* to the tenor and true intention of these presentsJ
(= $I)+WIS+ to appoint and establish any &ud*es or &ustices 9a*istrates or -fficers whatsoever within the said %rovince at Sea or land in such manner and form as unto the said +dward +arl of ClarendonJ 0eor*e =u,e of (lbemarleJ William $ord CravenJ &ohn $ord Ber,leyJ (nthony $ord (shleyJ Sir 0eor*e CarterettJ Sir William Ber,leyJ and Sir &ohn Colleton or their heirs shall seem most convenientJ ($S- to remit release %ardon and abolish whether before &ud*ment or after all Crimes and -ffences whatsoever a*ainst the said $awsJ and to do all and every other thin* and thin*s which unto the Complete establishment of &ustice unto Courts Sessions and forms of &udicature and manners of proceedin* therein do belon* althou*h in these presents e5press mention be not made thereofJ (= by &ud*es by him or them dele*ated to award %rocess hold %leas and determine in all the said Courts and %laces of &udicature all (ctions Suits and Causes whatsoever as well Criminal as Civil real mi5t personal or of any other ,ind or nature whatsoeverJ WHICH $(WS S- as aforesaid to be published -/ %$+(S/+ IS and We do en8oin require and Command shall be absolute firm and available in lawJ (nd that all the lie*e %eople of us our heirs and Successors within the said %rovince
of C(/-$I( do observe and ,eep the same inviolably in those parts so far as they concern them under the pains and penalties therein e5pressed or to be e5pressedJ %/-3I=+= nevertheless that the said laws be consonant to reason and as near as may be conveniently a*reeable to the laws and Customs of this our )in*dom of +n*land. (= because such assemblies of ;reeholders cannot be so suddenly called as there may be occasion to require the sameK W+ =o therefore by these presents *ive and 0rant unto the said +arl of ClarendonJ 0eor*e =u,e of (lbemarleJ William $ord CravenJ &ohn $ord Ber,leyJ (nthony $ord (shleyJ Sir 0eor*e CarterettJ Sir William Ber,leyJ and Sir &ohn Colleton their heirs and (ssi*ns by themselves or their 9a*istrates in that behalf lawfully authori6ed full power and authority from time to time to ma,e and -rdain fit and wholesome -rders and -rdinances within the %rovince aforesaid to be ,ept and observed as well for the ,eepin* of the %eace as for the better 0overnment of the %eople there abidin*J and to publish the same to all to whom it may concernJ WHICH -rdinances We do by these presents strai*htly Char*e and Command to be inviolably observed within the said %rovince under the penalties therein e5pressedJ So as
such -rdinances be reasonable and not repu*nant or contrary but as near as may be a*reeable to the laws and Statutes of this our )in*dom of +n*landJ (nd so as the same -rdinances do not e5tend to the bindin* char*in* or ta,in* away of the ri*ht or interest of any %erson or %ersons in their freehold *oods or Chattels whatsoever. (= to the end the said %rovince may be the more happily increased by the multitude of %eople resortin* thither and may li,ewise be the more stron*ly defended from the incursions of Sava*es and other +nemies %irates and robbersK TH+/+;-/+ We for us our heirs and Successors =o *ive and 0rant by these presents %ower licence and liberty unto all the lie*e people of us our heirs and Successors in our )in*dom of +n*land or elsewhere within any other our =ominions Islands Colonies or %lantations +5ceptin* those who shall be especially forbidden to transport themselves and ;amilies unto the said %rovince with convenient Shippin* and fittin* %rovisions and there to settle themselves dwell and inhabitJ any law (ct Statute -rdinance or other thin* to the contrary in any wise notwithstandin*. (= W+ WI$$ also and of our more especial *race for us our heirs and Successors do strai*htly en8oin -rdain Constitute and Command that the said %rovince of Carolina
shall be of our (lle*ianceJ (nd that all and sin*ular the Sub8ects and lie*e people of us our heirs and Successors transported or to be transported into the said %rovince and the Children of them and of such as shall descend from them there born or hereafter to be born be and shall be Citi6ens and lie*es of us our heirs and Successors of this our )in*dom of +n*landJ and be in all thin*s held treated and reputed as the lie*e faithful people of us our heirs and Successors born within this our said )in*dom or any other of our =ominionsJ and may inherit or otherwise %urchase and receive ta,e have hold buy and possess any lands Tenements or hereditaments within the same %laces and themmay -ccupy and en8oy *ive sell alien and bequeathJ as li,ewise all liberties ;ranchises and %rivile*es of this our )in*dom of +n*land and of other our =ominions aforesaid may freely and quietly have possess and en8oy as our lie*e people born within the same without the let molestation ve5ation trouble or *rievance of us our heirs and SuccessorsJ any Statute (ct -rdinance or %rovision to the contrary notwithstandin*. (= ;/TH+/9-/+ that our Sub8ects of this our said )in*dom of +n*land and other our =ominions may be the rather encoura*ed to underta,e this +5pedition with ready and cheerful mindsK )-W + that We of our especial *race certain ,nowled*e and mere
motion =o *ive and 0rant by virtue of these presents as well to the said +dward +arl of ClarendonJ 0eor*e =u,e of (lbemarleJ William $ord CravenJ &ohn $ord Ber,leyJ (nthony $ord (shleyJ Sir 0eor*e CarterettJ Sir William Ber,leyJ and Sir &ohn Colleton and their heirs as unto all others as shall from time to time repair unto the said %rovince with a purpose to inhabit there or to trade with the atives of the said %rovince full liberty and $icence to lade and frei*ht in any %orts whatsoever of us our heirs and SuccessorsJ (= into the said %rovince of Carolina by them their Servants and (ssi*ns to Transport all and sin*ular their *oods Wares and 9erchandisesJ as li,ewise all sorts of *rain whatsoever and any other thin*s whatsoever necessary for the food and Clothin*J not prohibited by the laws and Statutes of our )in*doms and =ominionsJ to be Carried out of the same without any let or molestation of us our heirs and Successors or of any other our -fficers and 9inisters whatsoeverJ Savin* also to us our heirs and Successors the Customs and other duties and payments due for the said Wares and 9erchandises accordin* to the several rates of the %laces from whence the same shall be transported. W+ WI$$ also and by these presents for us our heirs and Successors =o *ive and 0rant $icence by this our Charter unto
the said +dward +arl of ClarendonJ 0eor*e =u,e of (lbemarleJ William $ord CravenJ &ohn $ord Ber,leyJ (nthony $ord (shleyJ Sir 0eor*e CarterettJ Sir William Ber,leyJ and Sir &ohn Colleton their heirs and (ssi*ns and to all the Inhabitants and =wellers in the %rovince aforesaid both present and to come full power and absolute authority to Import or unlade by themselves or their servants ;actors or (ssi*ns all 9erchandises and *oods whatsoever that shall arise of the fruits and Commodities of the said %rovince either by land or Sea into any the %orts of us our heirs and Successors in our )in*dom of +n*land Scotland or Ireland -r otherwise to dispose of the said *oods in the said %ortsJ and if need be within one year ne5t after the unladin* to lade the said 9erchandises and *oods a*ain into the same or other Ships and to +5port the same into any other Countries either of our =ominions or forei*n bein* in (mity with us our heirs and SuccessorsJ So as they pay such Customs Subsidies and other duties for the same to us our heirs and Successors as the rest of our Sub8ects of this our )in*dom for the time bein* shall be bound to pay beyond which We will not that the inhabitants of the said %rovince of Carolina shall be any way Char*ed. %/-3I=+= nevertheless and our Will and pleasure is and We have further for the Considerations
aforesaid of our more especial *race certain ,nowled*e and mere motion *iven and 0ranted and by these presents for us our heirs and Successors =o *ive and *rant unto the said +dward +arl of ClarendonJ 0eor*e =u,e of (lbemarleJ William $ord CravenJ &ohn $ord Ber,leyJ (nthony $ord (shleyJ Sir 0eor*e CarterettJ Sir William Ber,leyJ and Sir &ohn Colleton their heirs and (ssi*ns full and free licence liberty and authority at any time or times from and after the ;east of Saint 9ichaell The (rchan*el which shall be in the year of our $ord Christ -ne thousand si5 hundred Si5ty and Seven as well to Import and brin* into any of our =ominions from the said %rovince of Carolina or any part thereof the several *oods and Commodities hereinafter mentionedK TH(T IS T- S( Sil,s Wines Currants /aisins Capers Wa5 (lmonds -il and -livesJ without payin* or (nswerin* to us our heirs or Successors any Custom Impost or other duty for or in respect thereof for and durin* the term and space of Seven years to commence and be accounted from and after the ;irst Importation of four Tons of any the said *oods in any one Bottom Ship or 3essel from the said %rovince into any of our =ominionsJ as also to e5port and carry out of any of our =ominions into the said %rovince of Carolina Custom free all sorts of Tools which shall be useful or necessary for the %lanters there in the
accommodation and Improvement of the premisesJ any thin* before in these presents contained or any $aw (ct Statute %rohibition or other matter or thin* heretofore had made +nacted or provided or hereafter to be had made +nacted or %rovided to the contrary in any wise notwithstandin*. (= ;/TH+/9-/+ of our more ample and especial *race certain ,nowled*e and mere motion W+ =- for us our heirs and Successors 0rant unto the said +dward +arl of ClarendonJ 0eor*e =u,e of (lbemarleJ William $ord CravenJ &ohn $ord Ber,leyJ (nthony $ord (shleyJ Sir 0eor*e CarterettJ Sir William Ber,leyJ and Sir &ohn Colleton their heirs and (ssi*ns full and absolute power and authority to 9a,e +rect and Constitute within the said %rovince of C(/-$I( and the Isles and Islets aforesaid such and so many Seaports harbours Cree,s and other %laces for dischar*e and unladin* of *oods and 9erchandises out of Ships Boats and other 3essels and for ladin* of them in such and so many %laces and with such &urisdictions %rivile*es &urisdictions and ;ranchises unto the said %orts belon*in* as to them shall seem most e5pedientJ (= that all and sin*ular the Ships Boats and other 3essels which shall come for 9erchandise and Trade into the said %rovince or shall depart out of the same shall be laden and unladen at such %orts
only as shall be erected and Constituted by the said +dward +arl of ClarendonJ 0eor*e =u,e of (lbemarleJ William $ord CravenJ &ohn $ord Ber,leyJ (nthony $ord (shleyJ Sir 0eor*e CarterettJ Sir William Ber,leyJ and Sir &ohn Colleton their heirs and (ssi*ns and not elsewhereJ any use Custom or anythin* to the contrary in any wise notwithstandin*. (= W+ =o furthermore Will appoint and -rdain and by these presents for us our heirs and Successors do 0rant unto the said +dward +arl of ClarendonJ 0eor*e =u,e of (lbemarleJ William $ord CravenJ &ohn $ord Ber,leyJ (nthony $ord (shleyJ Sir 0eor*e CarterettJ Sir William Ber,leyJ and Sir &ohn Colleton their heirs and (ssi*ns That they the said +dward +arl of ClarendonJ 0eor*e =u,e of (lbemarleJ William $ord CravenJ &ohn $ord Ber,leyJ (nthony $ord (shleyJ Sir 0eor*e CarterettJ Sir William Ber,leyJ and Sir &ohn Colleton their heirs and (ssi*ns may from time to time forever have and en8oy the Customs and Subsidies in the %orts Harbours Cree,s and other %laces within the %rovince aforesaid payable for *oods 9erchandises and Wares there laded or to be laded or unladedJ the said Customs to be reasonably (ssessed upon any occasion by themselves and by and with the Consent of the free people there by the *reater part of them as aforesaidK to whom We *ive power
by these presents for us our heirs and Successors upon 8ust Cause and in a due proportion to (ssess and Impose the same. (= ;/TH+/ of our especial *race certain ,nowled*e and mere motion W+ H(3+ *iven 0ranted and Confirmed and by these presents for us our heirs and Successors =o *ive 0rant and Confirm unto the said +dward +arl of ClarendonJ 0eor*e =u,e of (lbemarleJ William $ord CravenJ &ohn $ord Ber,leyJ (nthony $ord (shleyJ Sir 0eor*e CarterettJ Sir William Ber,leyJ and Sir &ohn Colleton their heirs and (ssi*ns full and absolute licence power and authority that the said +dward +arl of ClarendonJ 0eor*e =u,e of (lbemarleJ William $ord CravenJ &ohn $ord Ber,leyJ (nthony $ord (shleyJ Sir 0eor*e CarterettJ Sir William Ber,leyJ and Sir &ohn Colleton their heirs and (ssi*ns from time to time hereafter forever at his and their will and pleasure may (ssi*n (lien 0rant =emise or enfeoff the premises or any part or parcels thereof to him or them that shall be willin* to purchase the same and to such %erson or %ersons as they shall thin, fitJ T- H(3+ (= T- H-$= to them the said %erson or %ersons their heirs and (ssi*ns in ;ee simple or ;ee tail or for term of life or lives or yearsJ to be held of them the said +dward +arl of ClarendonJ 0eor*e =u,e of (lbemarleJ William $ord CravenJ &ohn $ord Ber,leyJ
(nthony $ord (shleyJ Sir 0eor*e CarterettJ Sir William Ber,leyJ and Sir &ohn Colleton their heirs and (ssi*ns by such /ents Services and Customs as shall seem meet to the said +dward +arl of ClarendonJ 0eor*e =u,e of (lbemarleJ William $ord CravenJ &ohn $ord Ber,leyJ (nthony $ord (shleyJ Sir 0eor*e CarterettJ Sir William Ber,leyJ and Sir &ohn Colleton their heirs and (ssi*ns and not immediately of us our heirs and Successors. (= to the same %erson or %ersons and to all and every of them W+ =*ive and 0rant by these presents for us our heirs and Successors $icence authority and power That such %erson or %ersons may have or ta,e the premises or any parcel thereof of the said +dward +arl of ClarendonJ 0eor*e =u,e of (lbemarleJ William $ord CravenJ &ohn $ord Ber,leyJ (nthony $ord (shleyJ Sir 0eor*e CarterettJ Sir William Ber,leyJ and Sir &ohn Colleton their heirs and (ssi*nsJ and the same to hold to themselves t heir heirs or (ssi*ns in what estate of Inheritance soever in ;ee simple of ;ee tail or otherwise as to them and the said +arl of ClarendonJ 0eor*e =u,e of (lbemarleJ William $ord CravenJ &ohn $ord Ber,leyJ (nthony $ord (shleyJ Sir 0eor*e Carterett J Sir William Ber,leyJ and Sir &ohn Colleton their heirs and (ssi*ns shall seem e5pedientJ The Statute made in the %arliament of +dward Son of )in* Henry heretofore )in* of +n*land
our %redecessor commonly called the Statute of Muia +mptores Terrarum or any other Statute (ct -rdinance use $aw Custom or any other matter Cause or thin* heretofore published or provided to the contrary in any wise notwithstandin*. (= because many %ersons born or inhabitin* in the said %rovince for their deserts and Services may e5pect and be capable of 9ar,s of Honour and favour which in respect of the *reat distance cannot conveniently be Conferred by usK -/ WI$$ (= %$+(S/+ therefore is and We do by these presents 0ive and 0rant unto the said +dward +arl of ClarendonJ 0eor*e =u,e of (lbemarleJ William $ord CravenJ &ohn $ord Ber,leyJ (nthony $ord (shleyJ Sir 0eor*e CarterettJ Sir William Ber,leyJ and Sir &ohn Colleton their Heirs and (ssi*ns full %ower and (uthority to *ive and Confer unto and upon such of the Inhabitants of the said %rovince as they shall thin, do or shall merit the same such mar,s of favour and Titles of honour as they shall thin, fitJ so as those Titles or honours be not the same as are en8oyed by or Conferred upon any the Sub8ects of this our )in*dom of +n*land. (= ;/TH+/ also We do by these presents for us our heirs and Successors *ive and *rant $icence to them the said +dward +arl of ClarendonJ 0eor*e =u,e of
(lbemarleJ William $ord CravenJ &ohn $ord Ber,leyJ (nthony $ord (shleyJ Sir 0eor*e CarterettJ Sir William Ber,leyJ and Sir &ohn Colleton their heirs and (ssi*ns full power liberty and licence to +rect raise and build within the said %rovince and %laces aforesaid or any part or parts thereof such and so many ;orts ;ortresses Castles Cities Borou*hs Towns 3illa*es and other ;ortifications whatsoeverJ (nd the same or any of them to ;ortify and furnish with -rdnance %owder Shot (rmour and all other Weapons (mmunition and habiliments of War both offensive and defensive as shall be thou*ht fit and convenient for the safety and welfare of the said %rovince and %laces or any part thereofJ (nd the same or any of them from time to time as occasion shall require to dismantle disfurnish demolish and pull downJ and (lso to place Constitute and appoint in or over all or any of the said Castles ;orts ;ortifications Cities Towns and %laces aforesaid 0overnors =eputy 0overnors 9a*istrates Sheriffs and other -fficers Civil and 9ilitary as to them shall seem meetJ (= to the said Cities Borou*hs Town 3illa*es or any other %lace or %laces within the said %rovince to *rant $etters or Charters of Incorporation with all $iberties ;ranchises and %rivile*es requisite and usual or to or within any Corporations within this our
)in*dom of +n*land *ranted or belon*in*J (nd in the same Cities Borou*hs Towns and other %laces to Constitute +rect and appoint such and so many 9ar,ets 9arts and ;airs as shall in that behalf be thou*ht fit and necessaryJ (= further also to +rect and ma,e in the %rovince aforesaid or any part thereof so many 9anors as to them shall seem meet and convenientJ and in every of the same 9anors to have and to hold a Court Baron with all thin*s whatsoever which to a Court Baron do belon*J (nd to have and to hold 3iews of ;ran,pled*e and Courts $eet for the Conservation of the %eace and better 0overnment of those parts within such $imits &urisdiction and %recincts as by the said +dward +arl of ClarendonJ 0eor*e =u,e of (lbemarleJ William $ord CravenJ &ohn $ord Ber,leyJ (nthony $ord (shleyJ Sir 0eor*e CarterettJ Sir William Ber,leyJ and Sir &ohn Colleton or their heirs shall be appointed for that purpose with all thin*s whatsoever which to a Court $eet or 3iew of ;ran,pled*e do belon*J the same Courts to be held by Stewards to be =eputed and authori6ed by the said +dward +arl of ClarendonJ 0eor*e =u,e of (lbemarleJ William $ord CravenJ &ohn $ord Ber,leyJ (nthony $ord (shleyJ Sir 0eor*e CarterettJ Sir William Ber,leyJ and Sir &ohn Colleton or their heirs or by the $ords of other 9anors and $eets for the time bein* when the same shall be +rected.
(= because that in so remote a Country and situate amon* so many barbarous ations the Invasions as well of Sava*es as other +nemies %irates and /obbers may probably be fearedK TH+/+;-/+ W+ H(3+ *iven and for us our heirs and Successors =o *ive power by these presents unto the said +dward +arl of ClarendonJ 0eor*e =u,e of (lbemarleJ William $ord CravenJ &ohn $ord Ber,leyJ (nthony $ord (shleyJ Sir 0eor*e CarterettJ Sir William Ber,leyJ and Sir &ohn Colleton their heirs and (ssi*ns by themselves or their Captains or other their -fficers to $evy 9uster and Train all sorts of men of what Condition or wheresoever born in the said %rovince for the time bein*J and t o ma,e War and pursue the +nemies aforesaid as well by Sea as by land yea even without the limits of the said %rovinceJ and by 0od's assistance to vanquish and ta,e them and bein* ta,en to put them to death by the law of war or to save them at t heir pleasureJ and to do all and every other thin* which unto the Char*e (nd -ffice of a Captain 0eneral of an (rmy belon*s or has accustomed to belon* as fully and freely as any Captain 0eneral of an (rmy has ever had the same. ($S- our Will and pleasure is and by this our Charter W+ =- *ive unto the said +dward +arl of ClarendonJ 0eor*e =u,e of (lbemarleJ William $ord CravenJ
&ohn $ord Ber,leyJ (nthony $ord (shleyJ Sir 0eor*e CarterettJ Sir William Ber,leyJ and Sir &ohn Colleton their heirs and (ssi*ns full power liberty and authority in case of rebellion tumult or Sedition if any should happen which 0od forbid either upon the land within the %rovince aforesaid or upon the main Sea in ma,in* a 3oya*e thither or returnin* from thence by him and themselves their Captains =eputies or -fficers to be authori6ed under his or their Seals for that purpose to whom also for us our heirs and Successors W+ =- *ive and 0rant by these presents full power and authority to e5ercise 9artial $aw a*ainst mutinous and seditious %ersons of those parts such as shall refuse to submit themselves to their 0overnment or shall refuse to serve in the Wars or shall fly to the +nemy or forsa,e their Colors or +nsi*ns or be loiterers or Stra**lers or otherwise howsoever offendin* a*ainst $aw Custom or =iscipline 9ilitaryJ as freely and in as ample manner and form as any Captain 0eneral of an (rmy by virtue of his -ffice mi*ht or has accustomed to use the same. (= -ur further pleasure is and by these presents for us our heirs and Successors W+ =- 0rant unto the said +dward +arl of ClarendonJ 0eor*e =u,e of (lbemarleJ William $ord CravenJ &ohn $ord Ber,leyJ (nthony $ord (shleyJ Sir 0eor*e CarterettJ Sir William Ber,leyJ and Sir &ohn Colleton their heirs and (ssi*ns and to the
Tenants and Inhabitants of the said %rovince of Carolina both present and to come and to every of them that the said %rovince and the Tenants and Inhabitants thereof sh all not from henceforth be held or reputed a 9ember or part of any Colony whatsoever in (merica or elsewhere now transported or made or hereafter to be transported or madeJ nor shall be dependin* on or sub8ect to their 0overnment in any thin* but be absolutely separated and divided from the sameJ (= -/ pleasure is by these presents that they be separated and that they be sub8ect immediately to our Crown of +n*land as dependin* thereof foreverJ (nd that the Inhabitants of the said %rovince nor any or them shall at any time hereafter be compelled or compellable or be any ways sub8ect or liable to appear or (nswer to any matter Suit Cause or %laint whatsoever out of the %rovince aforesaid in any other of our Islands Colonies or =ominions in (merica or elsewhere other than in our /ealm of +n*land and =ominion of Wales. (= because it may happen that some of the %eople and Inhabitants of the said %rovince cannot in their private opinions Conform to the %ublic +5ercise of /eli*ion accordin* to the $itur*y forms and Ceremonies of the Church of +n*land or ta,e or subscribe the -aths and (rticles made and
established in that behalfJ (= for that the same by reason of the remote distances of those %laces Will as We hope be no breach of the unity and uniformity established in this ationK -/ WI$$ and pleasure therefore is (= W+ =- by these presents for us our heirs and Successors 0ive and 0rant unto the said +dward +arl of ClarendonJ 0eor*e =u,e of (lbemarleJ William $ord CravenJ &ohn $ord Ber,leyJ (nthony $ord (shleyJ Sir 0eor*e CarterettJ Sir William Ber,leyJ and Sir &ohn Colleton their heirs and (ssi*ns full and free $icence liberty and (uthority by such le*al ways and means as they shall thin, fit to *ive and *rant unto such %erson and %ersons inhabitin* and bein* within the said %rovince or any part thereof Who really in their &ud*ments and for Conscience sa,e cannot or shall not Conform to the said $itur*y and Ceremonies and ta,e and Subscribe the -aths and (rticles aforesaid or any of them such Indul*encies and =ispensations in that Behalf for and durin* such time and times and with such limitations and restrictions as they the said +dward +arl of ClarendonJ 0eor*e =u,e of (lbemarleJ William $ord CravenJ &ohn $ord Ber,leyJ (nthony $ord (shleyJ Sir 0eor*e CarterettJ Sir William Ber,leyJ and Sir &ohn Colleton their heirs or (ssi*ns shall in their discretions thin, fit and reasonableJ
(= with this e5press %roviso and $imitation also that such %erson and %ersons to whom such Indul*encies or =ispensations shall be *ranted as aforesaid do and shall from time to time =eclare and continue all fidelity $oyalty and -bedience to us our heirs and SuccessorsJ and be sub8ect and obedient to all other the $aws -rdinances and Constitutions of the said %rovince in all matters whatsoever as well +cclesiastical as CivilJ (nd do not in any wise disturb the %eace and safety thereof or scandali6e or reproach the said $itur*y forms and Ceremonies or any thin* relatin* thereunto or any %erson or %ersons whatsoever for or in respect of his or their use or e5ercise thereof or his or their obedience or Conformity thereunto. (= in Case it shall happen that any doubts or questions should arise concernin* the true Sense and understandin* of any word Clause or Sentence contained in this our present CharterK W+ WI$$ -rdain and Command that at all times and in all thin*s such interpretation be made thereof and allowed in all and every of our Courts whatsoever as lawfully may be (d8ud*ed most advanta*eous and favourable to the said +dward +arl of ClarendonJ 0eor*e =u,e of (lbemarleJ William $ord CravenJ &ohn $ord Ber,leyJ (nthony $ord (shleyJ Sir 0eor*e CarterettJ Sir
William Ber,leyJ and Sir &ohn Colleton their heirs and (ssi*ns. ($TH-0H +L%/+SS 9+TI- be not made in these presents of the true yearly value and certainty of the premises or any part thereof or of any other *ifts and *rants made by us our (ncestors or %redecessors to them the said +dward +arl of ClarendonJ 0eor*e =u,e of (lbemarleJ William $ord CravenJ &ohn $ord Ber,leyJ (nthony $ord (shleyJ Sir 0eor*e CarterettJ Sir William Ber,leyJ and Sir &ohn Colleton or any other %erson or %ersons whatsoever -r any Statute (ct -rdinance %rovision %roclamation or restraint heretofore had made published ordained or %rovided or any other thin* Cause or matter whatsoever to the contrary thereof in any wise notwithstandin*. I WIT+SS whereof We have caused these our $etters to be made %atent. WIT+SS our Self at Westminster the ;our and Twentieth day of 9arch in the ;ifteenth year of our /ei*n. By the )in* H-W(/=
Footnote (
The Funda1ental Constitutions) :ranting 'orth Carolina to the lord 8ro7rietors
3ersion of &uly F! !##< -/ Soverei*n $ord the )in* havin* out of his royal *race and bounty *ranted unto us the %rovince of Carolina with all the royalties %roprieties &urisdictions and privile*es of a County %alatine as lar*e and ample as the County %alatine of =urham with other *reat privile*esJ for the better settlement of the 0overnment of the said %lace and establishin* the interest of the $ords %roprietors with +quality and without confusionJ and that the 0overnment of this %rovince may be made most a*reeable un to the 9onarchy under which we live and of which this province is a partJ and that we may avoid erectin* a numerous =emocracyK We the true and absolute $ords and %roprietors of the %rovince aforesaid have a*reed to this followin* form of 0overnment to be perpetually established amon*st us unto which we do obli*e ourselves our heirs and successors in the most bindin* ways that can be devised. F. -ut of the ei*ht %roprietors there shall be chosen by themselves a %alatine who shall continue durin* life whose son shall not be capable of immediately succeedin* him after his deathJ but the eldest in (*e of the other %roprietors shall succeed to prevent the ma,in* the
office in this little *overnment Hereditary and to avoid the mischief of factions in +lections. 4. There shall be Seven other chief offices erected vi6. the chief &ustice's Chancellor's Constable's Hi*h Steward's Treasurer's Chamberlain's (dmiral'sJ which places shall be en8oyed by none but the $ords %roprietors to be assi*ned at first by lotJ and upon the vacancy of any one of the seven *reat -ffices by death or otherwise the +ldest proprietor NshallO have his choice of the said place. E. +ach %rovince shall be divided into CountiesJ each County shall consist of ei*ht Sei*niories ei*ht Baronies and four precinctsJ each %recinct shall consist of Si5 Colonies . +ach Colony Sei*niory and Barony shall consist of twelve thousand (cres the ei*ht Sei*niories bein* the share of the ei*ht %roprietors and the ei*ht Baronies of the obilityJ both which shares bein* each of them a fifth part of the whole are to be perpetually anne5ed the one to the %roprietors the other to the Hereditary obility $eavin* the Colonies bein* three fifths amon*st the peopleJ that so in the Settin* out and plantin* the lands the Balance of 0overnment may be preserved. #. (t any time before the year !G! any of the N$ordsO %roprietors shall
have power to relinquish (lienate and dispose to any other person his %roprietorship and all the Sei*niories powers and Interest thereunto belon*in* wholly and entirely to*ether and not otherwise. But after the year !G those who are then N$ordsO %roprietors shall not have power to (lienate or ma,e over their proprietorship with Sei*niories and privile*es thereunto belon*in* or any part thereof to any person whatsoever otherwise than as in article !" but it shall descend unto their heirs maleJ and for want of heirs male it shall descend on that $and*rave or Cacique of Carolina who is descended of the ne5t heir female of the said %roprietorJ and for want of Such heirs it shall descend on the ne5t heir *eneralJ and for want of Such heirs the remainin* Seven proprietors shall upon the 3acancy choose a $and*rave to succeed the deceased proprietor who bein* chosen by the ma8ority of the Seven Survivin* proprietors he and his heirs Successively shall be proprietors as fully to all intents and purposes as any of the rest. G. (nd that the number of ei*ht %roprietors may be constantly ,ept if upon the vacancy of any %roprietorship the Survivin* Seven %roprietors shall not choose a $and*rave or NCaciqueO as a proprietor before the Second session of %arliament after the vacancy then the %arliament at the ne5t Session but one after Such vacancy shall have power to choose and
$and*rave Nor CaciqueO to be %roprietorJ but whosoever after the year !G either by inheritance or choice shall Succeed any %roprietor in his proprietorship and Sei*niories thereunto belon*in* shall be obli*ed to ta,e the name and (rms of that proprietor whom he Succeeds which from thenceforth shall be the name and (rms of his ;amily and their posterity. ". Whatsoever $and*rave Nor CaciqueO shall be chosen into a proprietorship shall ta,e the Sei*niories anne5ed to the said proprietorship but shall relinquish all the Baronies belon*in* to his $and*raveship Nor CaciqueshipO to be disposed of by the proprietors as in the followin* (rticles. <. To every County there shall be three as the hereditary obility of this %alatinate who shall be called the one a $and*rave and the other two Caciques and shall have place the in the %arliament thereJ the $and*rave shall have four Baronies and the two Caciques each of them two apiece hereditary and unalterably anne5ed to and settled upon the said =i*nity. !. The first $and*rave and Caciques of every County shall be nominated not by the &oint election of the %roprietors all to*ether but the ei*ht %roprietors shall each of them separately nominate and choose one $and*rave and two Caciques for the ei*ht first Counties
to be plantedJ and when the said ei*ht Counties shall be planted the proprietors shall n the same manner nominate and Choose ei*ht more $and*raves and si5teen aciques for the ei*ht ne5t Counties to be plantedJ and so proceed in the same manner till the whole province of Carolina be set out and planted accordin* to the NproportionsO in these fundamental Constitutions. !!. (ny $and*rave or Cacique at any time before the year !G! shall ave power to alienate sell or ma,e over to any other person his di*nity with the Baronies thereunto belon*in* all entirely to*etherJ but after the year !G no $and*rave or Cacique shall have power to alienate Sell ma,e over or let the hereditary Baronies of his di*nity r any part thereof otherwise than as in (rticle !"J but they shall all entirely with the di*nity thereunto belon*in* descend unto his heirs maleJ and for want of Such heirs 9ale all entirely and undivided to the ne5t heir *eneralJ and for want of Such heirs shall devolve into the hands of the %roprietors. !F. That the due number of $and*raves and Caciques may be always ,ept up if upon the devolution of any $and*raveship or Caciqueship the %roprietors shall not settle the devolved di*nity with the Baronies thereunto anne5ed before the second Session of %arliament after Such devolution the %arliament at the ne5t
NBiennialO Session but one after Such devolution shall have power to ma,e any one $and*rave or Cacique in the /oom of him who dyin* with out heirs his di*nity and Baronies devolved. !4. o one person shall have more than one di*nity with the Sei*niories or Baronies thereunto belon*in*J but whensoever it shall happen that any one who is already %roprietor $and*rave or Cacique shall have any of those di*nities descend to him by inheritance it shall be at his choice to ,eep one of the two di*nities with the $ands anne5ed he shall li,e best but shall leave the other with the lands anne5ed to be en8oyed by him who not bein* his heir apparent and certain successor to his present di*nity is ne5t afterward. !E. Whosoever by ri*ht of Inheritance shall come to be $and*rave or Cacique shall ta,e the name and (rms of his predecessor in that di*nity to be from thenceforth the ame and (rms of his ;amily and their posterity. !. Since the di*nity of %roprietor of " $and*rave or Cacique cannot be divided and the Sei*niories or Baronies thereunto anne5ed must for ever all entirely descend with and accompany that di*nity when ever for want of heirs 9ale it shall descend upon the Issue ;emale the +ldest =au*hter and her heirs shall be preferredJ and in the Inheritance of those di*nities and in the
Sei*niories or Baronies anne5ed there shall be no Coheirs. !#. (fter the year !G whatsoever $and*rave or Cacique shall without leave from the %alatine's Court be out of Carolina durin* two successive biennial %arliaments shall at the end of the second biennial %arliament after such his absence be summoned by %roclamationK and if he come not into Carolina before the ne5t biennial %arliament after Such Summons then it shall be lawful for the *rand Council at a price set by the said Council and approved by the %arliament to sell the Baronies with the =i*nities thereunto belon*in* of the said absent $and*rave or Cacique all to*ether to any one to whom the said Council shall thin, fitJ but the price so paid for said =i*nity or Baronies shall be deposited in the Treasury for the sole use and behoof of the former owner or his Nheirs orO assi*ns. !G. In every Sei*niory Barony and 9anor the $ord shall have power in his own name to hold Court there for tryin* of all causes both Civil and CriminalJ but where it shall concern any other person bein* no Inhabitant 3assal or $eet man of the said Barony or Sei*niory Nor manorO he upon payin* down of forty shillin*s unto the %roprietors' use shall have an appeal from thence unto the County CourtJ and if the $ord be cast the said $ord shall pay unto the appellant the said forty shillin*s with other char*es.
!". The $ords of Sei*niories and Baronies shall have power only of *rantin* +states not e5ceedin* three lives or one and thirty years in two thirds of the said Sei*niories or BaroniesJ and the remainin* third shall be always =emesne. !<. +very 9anor shall consist of not less than three thousand (cres and not above twelve thousand (cres in one entire pieceJ but any three thousand acres or more in one piece and the possession of one 9an shall not be a manor unless it be constituted a manor by the *rant of the $ords %roprietors. F. +very $ord of a manor within his manor shall have all the powers &urisdictions and %rivile*es which a $and*rave or Cacique has in his Baronies. F!. (ny $ord of a manor may (lienate sell or dispose to any other person and his heirs for ever Nhis manorO all entirely to*ether with all the privile*es and $eet men thereunto belon*in* so far forth as any other Colony $andsJ but no *rant of any part thereof either in fee or for any lon*er term than three lives or twenty one years shall be *ood a*ainst the ne5t heirJ neither shall a manor for want of Issue 9ale be divided amon*st CoheirsJ but the manor if there be but one shall all entirely descend to the +ldest =au*hter and NherO heirsJ if there be more manors than one in the possession of %alatine the
deceased the +ldest Sister shall have her choice the Second ne5t and so on be*innin* Na*ainO at the +ldest till all the manors be ta,en up that So the privile*es which belon* to manors bein* indivisible the lands of the manor to which they are anne5ed may be )ept entire and the manor not lose those privile*es which upon parcellin* out to Several owners must necessarily cease. FF. In every Sei*niory Barony and manor all the tenants or $eet men shall be under the &urisdiction of the $ord of the said Sei*niory Barony or 9anor without appeal from him unless as in the (rticle F#J nor shall any $eet man or $eet woman have liberty to *o off from the $and of his particular $ord and live any where else without $icences obtained from his Said $ord under hand and Seal. F4. (ll the Children of $eet men shall be $eet men and so to all *enerations. FE. - man shall be capable of havin* a Court $eet or $eet men but a %roprietor $and*rave or Cacique or $ord of a 9anor. F. Whoever is $ord of $eet men shall upon the marria*e of a $eet man or $eet woman of his *ive them ten (cres of $and for their lives they payin* to him therefor one ei*hth of all the yearly increase and *rowth of the said acres. F#. In case the $ord of any Sei*niory Barony or manor shall
have made a Contract or a*reement with his Tenants which a*reement by consent is /e*istered in the ne5t NprecinctO /e*istry then in Such case the said Tenant may appeal unto or brin* his Complaint ori*inally in the County Court for the performance of such a*reements and not other wise. FG. There shall be ei*ht Courts or Councils for the dispatch of all affairs the first Called the %alatine's Court to consist of the %alatine and the other Seven %roprietors. The other seven courts of the other seven *reat -fficers shall consist each of them of a %roprietor and Si5 Councillors added to himJ under each of these latter seven NCourtsO shall be a Colle*e of twelve assistants. The twelve assistants NoutO of the Several Colle*es shall be ChosenK two out of the $and*raves by the $and*raves' Chamber durin* the Session of %arliamentJ two out of the Caciques by the Caciques' Chamber durin* the Session of %arliamentJ two out of the $and*raves Caciques or +ldest sons of the %roprietors by the %alatine's CourtJ four more of the twelve shall be chosen by the Commons' Chamber durin* the Session of %arliament out of such as have been or are members of %arliament Sheriffs or &ustices of the County CourtJ the other two shall be Chosen by the %alatine's Court out of the aforesaid members of %arliament or Sheriffs or &ustices of the County Court or the +ldest sons of $and*raves or
Caciques or youn*er %roprietors.
Sons of
F". -ut of these Colle*es shall be Chosen Si5 Councillors to be 8oined with each %roprietor in his CourtJ of which si5 one shall be of those who were Chosen into any of the Colle*es by the %alatine's Court out of the $and*raves Caciques or +ldest Sons of %roprietorsJ one out of those who were Chosen into any of the Colle*es by the $and*raves' ChamberJ and one Nout ofO those who were Chosen into any one of the Colle*es by the Caciques' ChamberJ two out of those who were Chosen into any one of the Colle*es by the Commons' ChamberJ and one out of those who were Chosen by the %alatine's Court into any of the Colle*es out of the %roprietors' youn*er Sons or +ldest Sons of $and*raves or Caciques or Commons Mualified as aforesaid. F<. When it shall happen that any Councillor dies and thereby there is a vacancy the *rand council shall have power to remove any Councillor that is willin* to be removed out of any other of the %roprietors' Courts to fill up this vacancy provided they ta,e a man of the Same de*ree and choice the other was NofO whose vacant place NisO to be filledJ but if no Councillor consent to be removed or upon Such remove the last remainin* vacant place in any of the %roprietors' Courts shall be filled up by the choice of the *rand Council who shall have power to remove out
of any of the Colle*es any (ssistant who is of the same de*ree and choice that Councillor was NofO into whose vacant place he is to succeedJ the *rand Council also shall have power to remove any (ssistant that is willin* out of one Colle*e into another provided he be of the same de*ree and choiceJ but the last remainin* vacant place in any Colle*e shall be filled up by the same choice and out of the same de*ree of persons the (ssistant was of who is dead or removed. o %lace shall be vacant in any %roprietors' Court above si5 9onthsJ no place shall be vacant in any Colle*e lon*er than the ne5t session of %arliament. 4. o man bein* a member of the *rand Council or of any of the seven Colle*es shall be turned out but ;or misdemeanor of which the *rand Council shall be &ud*eJ and the vacancy of the person so put out shall be filled not by the +lection of the *rand Council but by those who first chose him and out of the same de*ree he was NofO who is e5pelled. 4!. (ll +lections in the %arliament in the Several Chambers of the %arliament and in the *rand Council shall be passed by ballotin*. 4F. The %alatine's Court shall consist of the %alatine and Seven %roprietors wherein nothin* shall be acted without the presence and consent of the %alatine or his =eputy and three others of the %roprietors or their =eputies. NThis
CourtO shall have power to call %arliaments to pardon all -ffences to ma,e +lections of all -fficers in the %roprietors' disposeJ and also they shall have power by their -rder to the Treasurer to dispose of all public Treasure e5ceptin* money *ranted by the %arliament and by them directed to Some NparticularO public useJ and also they shall have a e*ative upon all (cts -rders 3otes and &ud*ments of the *rand Council and the %arliamentJ and shall have all the powers *ranted to the %roprietors by their patent e5cept in such thin*s as are limited by these fundamental constitutions and form of *overnment. 44. The %alatine him self when he in person shall be either in the (rmy or in any of the %roprietors' Courts shall then have the power of 0eneral or of that %roprietor in whose Court he is then presentJ and the %roprietor in whose Court the %alatine then presides shall durin* his presence there be but as one of the Council. 4E. The Chancellor's Court consistin* of one of the %roprietors and his si5 Councillors who shall be called vicechancellors shall have the Custody of the Seal of the %alatinate under which all charters of $ands or otherwise Commissions and *rants of the %alatine's Court shall pass etc. To this Court also belon*s all state matters dispatches and treaties with the ei*hbour Indians or any other so far forth as us permitted by
our Charter from our Soverei*n $ord the )in*. To this office also belon*s all Innovations of the $aw of $iberty of conscience and all disturbances of the public peace upon pretence of /eli*ion as also the $icence of printin*. The twelve assistants belon*in* to this Court shall be called /ecorders. 4. The Chancellor or his =eputy shall be always Spea,er in %arliament and %resident of the *rand council and in his and his =eputy's absence one of his 3ice Chancellors. The Chief &ustice's Court consistin* of one of the proprietors and his si5 Councillors who shall be called &ustices of the Bench shall &ud*e all appeals both in cases Civil and Criminal e5cept all Such cases as shall be under the &urisdiction and Co*ni6ance of any other of the %roprietors' Courts which shall be tried in those Courts respectively. The 0overnment and re*ulations of the /e*istries of writin*s and contracts shall belon* to the &urisdiction of this Court. The twelve assistants of this Court shall be called 9asters. 4#. The Hi*h Constable's Court consistin* of one of the %roprietors and his si5 Councillors who shall be called 9arshals shall order and determine of all 9ilitary affairs concern by land and all land forces (rms (mmunition (rtillery 0arrisons and ;orts etc. and whatever belon*s unto war. His
twelve assistants shall be called $ieutenant 0enerals. In Court s time of actual war The Hi*h Constable whilst he is in the (rmy shall be 0eneral of the EF (rmy and the si5 Councillors or such of them as the %alatine's Court shall for that time Courts Nand serviceO appoint shall be the immediate *reat -fficers under him and the $ieutenant appeal. 0enerals ne5t to them. 4G. The (dmiral's Court consistin* of one of the %roprietors and his Si5 Councillors called Consuls shall have the care and inspection over all ports 9oles and avi*able /ivers so far as the Tide flowsJ and also all the public Shippin* of Carolina and stores thereunto belon*in* and all maritime affairs. This Court also shall have the power of the Court of (dmiraltyJ and also to hear and try by $aw9erchant all cases in 9atters of shall Trade between the 9erchants of Carolina amon*st them selves arisin* without the limits of CarolinaJ as also all controversies in 9erchandisin* that shall happen between be =eni6ens of Carolina and forei*ners. The twelve (ssistants belon*in* to this court shall be where l called proconsuls. 4". The Treasurer's Court consistin* of one proprietor and his Si5 Councillors called under Treasurers shall ta,e care of all matters that concerns the public revenue and Treasury. The twelve
assistants shall be called (uditors. 4<. The Hi*h Steward's court consistin* of a proprietor and his si5 Councillors who shall be called Comptrollers shall have the care of all forei*n and domestic Trade factures public buildin*s and wor, houses hi*h ways passa*es by water above the flood the of the Tide drains sewers and Ban,s a*ainst inundations Brid*es %osts Carriers ;airs 9ar,ets and all thin*s in order to Travel and commerce and anythin* that may corrupt deprave or Infect the common (ir or water and all other thin*s wherein the %ublic NtradeO commerce or health is concernedJ and also the settin* out and surveyin* of landsJ and also the settin* out and appointin* NplacesO for towns to be built on in the %recincts and the prescribin* and determinin* the ;i*ure and bi*ness of the said Towns accordin* to such 9odels as the said court shall order contrary or differin* from which 9odels it shall not be lawful for any one to build in any Town. E. This Court shall have power also to ma,e any public buildin* or any new hi*hway or enlar*e any old hi*h way upon any 9an's $and whatsoeverJ as also to ma,e cuts Channels Ban,s loc,s and Brid*es for ma,in* /ivers avi*able for drainin* of ;ens or any other public usesJ the dama*e the owner of such land on or throu*h where any such public thin* shall be made shall receive thereby shall be valued by a
&ury of twelve men of the %recinct in which any such thin* is done and satisfaction shall be made accordin*ly by a Ta5 either on the County or that particular precinct as the *rand Council shall thin, fit to order in that particular case. The twelve assistants belon*in* to this Court shall be called Surveyors. E!. The Chamberlain's Court consistin* of a proprietor and his si5 Councillors called 3ice Chamberlains shall have the power to convocate the *rand CouncilJ shall have the care of all Ceremonies %recedency Heraldry reception of public 9essen*ers and pedi*reesJ the re*istries of all Births Burials and 9arria*esJ le*itimation and all cases concernin* 9atrimony or arisin* from itJ and shall also have power to /e*ulate all ;ashions Habits Bad*es 0ames and Sports. The twelve assistants belon*in* to this Court shall be called %rovosts. EF. (ll causes belon*in* to or under the &urisdiction of any of the %roprietors' Courts shall in them respectively be tried and ultimately determined without any further appeal. E4. The proprietors' Courts shall have a power to miti*ate all fines and suspend all e5ecutions either before or after sentence in any of the other respective Inferior Courts. EE. In all debates hearin*s or Trials in any of the %roprietors'
Courts the twelve assistants belon*in* to the Said Court respectively shall have $iberty to be present but shall not interpose unless their opinions be required nor have any 3ote at allJ but their Nbusiness shallO be by direction of the respective courts to prepare Such business as shall be committed to themJ as also to bear Such -ffices and dispatch Such affairs either where the Court is ,ept or else where as the Court shall thin, fit. E. In all the %roprietors' Courts NanyO three shall ma,e a Muorum. E#. The *rand Council shall consist of the %alatine and Seven %roprietors and the forty two Councillors of the Several %roprietors' CourtsJ who shall have power to determine any Controversies that may arise between any of the %roprietors' Courts about their respective &urisdictionsJ to ma,e peace and war $ea*ues Treaties etc. with any of the ei*hbour IndiansJ To issue out their 0eneral -rders to the Constable's and (dmiral's Court for the /aisin* disposin* or disbandin* the ;orces by land or by SeaJ to prepare all matters to be proposed in %arliamentJ nor shall any Ta5 or law or other matters whatsoever be proposed debated or 3oted in %arliament but what has first passed the *rand Council and in form of a bill to be passed is by them presented to the %arliamentJ nor shall any bill So prepared Nand presented by the *rand Council to
the %arliament to be enacted whether it be an antiquated $aw or otherwise be voted or passed into an (ct of %arliamentO or be at all -bli*atory unless it be three Several days read openly in the %arliament and then afterwards by 9a8ority of 3otes +nacted durin* the same session wherein it was thrice read and also confirmed by the %alatine and three of the %roprietors as is above said. EG. The *rand Council shall always be &ud*es of all Causes and appeals that concerns the %alatine or any of the proprietors or any councillor of any %roprietors' Court in any Case which otherwise should have been Tried in that Court in which the said Councillor is &ud*e him self. E". The 0rand Council by their warrants to the Treasurer's Court shall dispose of all the money *iven by the %arliament and by them directed to any particular public use. E<. The Muorum of the *rand Council shall be thirteen whereof a %roprietor or his =eputy shall be always one. . The %alatine or any of the %roprietors shall have power under hand and seal to be /e*istered in the *rand Council to ma,e a =eputyJ who shall have the same power to all intents and purposes that he himself who deputes him e5cept in confirmin* (cts of %arliament as in (rticle NGOJ all
Such deputation shall cease and determine of them selves at the end of four years and at any time shall be revocable at the pleasure of the =eputator. !. o =eputy of any %roprietor shall have any power whilst the deputator is in any part of Carolina e5cept the %roprietor whose deputy he is be a 9inor. F. =urin* the minority of any %roprietor his 0uardian shall have power to constitute and appoint his deputy. 4. The +ldest of the %roprietors who shall be personally in Carolina shall of Course be the %alatine's =eputyJ and if no %roprietor be in Carolina he shall choose his deputy out of the heirs apparent of any of the %roprietors if any such be thereJ and if there be no heir apparent of any of the %roprietors above twenty one years old in Carolina then he shall choose for =eputy any one of the $and*raves of the *rand CouncilJ and till he have by deputation under hand and Seal Chosen any one of the forementioned heirs apparent or $and*rave to be his deputy the +ldest 9an of the $and*raves and for want of $and*raves the +ldest 9an of the Caciques who shall be personally in Carolina shall of course be his deputy. E. The %roprietors' deputy shall be always one of their own Si5 Councillors respectively.
. In every County there shall be a Court consistin* of a Sheriff and four &ustices of the County bein* Inhabitants and havin* each of them at least five hundred (cres of ;reehold within the said County to be chosen and Commissionated from time to time the %alatine's courtJ who shall try and &ud*e all appeals from any of the precinct Courts. #. ;or any personal causes +5ceedin* the value of two hundred pounds or in Title of $ands or in any Criminal Cause either party upon payin* twenty pounds to the %roprietors' use shall have $iberty of (ppeal from the County Court unto the respective %roprietors' Court. G. In every %recinct there shall be a Court consistin* of a Steward and four &ustices of the %recinct bein* Inhabitants and havin* three hundred (cres of ;reehold within the said %recinctJ who shall &ud*e all Criminal causes e5cept for Treason 9urder and any other offences punished with deathJ and all civil causes whatsoever and in all personal actions not e5ceedin* fifty pounds without appealJ but where the Cause shall e5ceed that 3alue or concern a Title of land and in all Criminal causes there either party upon payin* five pounds to the %roprietors' use shall have $iberty of appeal unto the County Court. ". o cause shall be twice tried in
any one Court upon any reason or pretence whatsoever. <. ;or Treason 9urder and all other offences punishable with death there shall be a Commission twice a year at least *ranted unto one or more members of the N0randO Council or Colle*es who shall come as Itinerant &ud*es to the Several Counties and with the Sheriff and four &ustices shall hold assi6es and &ud*e all Such causes. But upon payin* of fifty pounds to the proprietors' use there shall be $iberty of appeal to the respective %roprietors' Court. #. The *rand &uries at the Several assi6es shall have upon their -aths and under their hands and Seals deliver in to the Itinerant &ud*es a presentment of Such *rievances 9isdemeanors e5i*encies or defects which they shall thin, necessary for the %ublic *ood of the CountryJ which presentment shall by the Itinerant &ud*es at the +nd of their circuit be delivered in to the *rand Council at their ne5t Sittin*J and whatsoever therein concerns the +5ecution of $aws already made the Several %roprietors' Courts in the matters belon*in* to each of them respectively shall ta,e Co*ni6ance of NitO and N*iveO such order about it as shall be +ffectual for the due +5ecution of the lawsJ but whatever concerns the ma,in* of any new laws shall be referred to the Several respective Courts to which that matter belon*s and by them prepared and brou*ht to the *rand
Council. #!. ;or Terms there shall be quarterly Such a certain number of days not e5ceedin* twenty one at any one time as the Several respective Courts shall appointJ the time for the be*innin* of the Term in the precinct Court shall be the first 9onday in &anuary (pril &uly and -ctoberJ and in the County Court the first 9onday of ;ebruary 9ay (u*ust ovemberJ and in the %roprietors' NCourtsO the first 9onday of 9arch &une September and =ecember. #F. ;or &uries in the %recinct Court no 9an shall be a &ury 9an under fifty (cres of ;reehold. In the County Court or at the assi6es no man shall be a &ury 9an under two hundred acres of ;reehold. o man shall be a 0rand &ury 9an under three hundred acres of freeholdJ and in the %roprietors' Courts no 9an shall be a &ury 9an under five hundred acres of ;reehold. #4. +very &ury shall consist of twelve 9enJ and NitO shall NnotO be necessary they should all a*ree but the 3erdict shall be accordin* to the consent of the 9a8ority. #E. It shall be a base and vile thin* to %lead for money or /ewardJ nor shall any one e5cept he be a ear )insman not farther off than Cousin 0erman to the party concerned be admitted to plead another man's cause till before the &ud*e in open Court he has ta,en
an -ath that he does NnotO pleas for money or reward nor has nor will receive nor directly nor indirectly bar*ained with the party whose cause he is *oin* to %lead for any money or other reward for %leadin* his Cause. #. There shall be a %arliament consistin* of the %roprietors or their deputies the $and*raves and Caciques and one ;reeholder out of every %recinct to be Chosen by the ;reeholders of the said %recinct respectively. They shall sit all to*ether in one /oom and have every member one 3ote. ##. o man shall be Chosen a member of %arliament who has less than five hundred (cres of ;reehold within the %recinct for which he is ChosenJ nor shall any have a vote in choosin* the said member that has less than fifty acres of ;reehold within the said precinct. #G. ( new %arliament shall be assembled the first 9onday of the 9onth of ovember every second year and shall meet and Sit in the Town they last Sat in without any Summons unless by the %alatine or his =eputy to*ether with any three of the %roprietors or their =eputies they be Summoned to meet at any other placeJ and if there shall be any occasion of a %arliament in these Intervals it shall be in the power of the %alatine with any three of the %roprietors to assemble them on forty days' notice at such time and place as they shall thin, fitJ and the
%alatine or his =eputy with the ad vice and consent of any three of the %roprietors or their =eputies shall have power to dissolve the Said %arliament when they shall thin, fit. #". (t the openin* of every %arliament the first thin* that shall be done shall be the readin* of these fundamental constitutions which the %alatine and %roprietors and the rest of the members then present shall Subscribe. or shall any %erson whatsoever Sit or 3ote in the %arliament till he has that Sessions Subscribed these fundamental constitutions in a boo, ,ept for that purpose by the Cler, of the %arliament. #<. (nd in order to the due +lection of members for this Biennial %arliament it shall be lawful for the ;reeholders of the respective precincts to meet the first Tuesday in September every two years in the Same Town or place that they last met in to choose %arliament men and there choose those members that are to Sit the ne5t ovember followin* unless the Steward of the %recinct shall by Sufficient notice Thirty days before appoint some other place for their meetin* in order to the +lection. G. o act or -rder of %arliament shall be of any force unless it be /atified in open %arliament durin* the same Session by the %alatine or his =eputy and three more of the %roprietors or their deputiesJ and
then not to continue lon*er in force but until the +nd of the ne5t Biennial %arliament unless in the mean time it be /atified under the hand and seal of the %alatine him self and three more of the %roprietors them selves and by their -rder published at the ne5t Biennial %arliament. G!. (ny %roprietor or his =eputy may enter his %rotestation a*ainst any act of the %arliament before the %alatine or his deputy's consent be *iven as aforesaid if he shall conceive the said act to be contrary to this +stablishment or any of these ;undamental Constitutions of the 0overnmentJ and in Such case after a full and free debate the several +states shall retire into four several Chambers the %alatine and %roprietors into one the $and*raves into another and the Caciques into another and those Chosen by the %recincts into a fourthJ and if the ma8or part of any four of these +states F'shall 3ote that the law is not a*reeable to this +stablishment and fundamental constitution of the 0overnment then it shall pass no further but be as if it had never been proposed. GF. To avoid multiplicity of laws which by de*rees always chan*e the /i*ht foundations of the -ri*inal 0overnment all acts of %arliament whatsoever in what form soever passed or enacted shall at the end of Si5ty years after their enactin* respectively Cease and determine of them selves and without any
repeal become ull and void as if no such acts or laws had ever been made.
G". o man shall be /e*ister of a Colony that has not above fifty acres of ;reehold within the said Colony.
G4. Since multiplicity of Comments as well as of laws have *reat inconveniences and Serve only to obscure and perple5 all manner of comments and e5positions on any part of these fundamental constitutions or on any part of the Common or Statute law of Carolina are absolutely prohibited.
G<. The time of every one's (*e shall be /ecorded from the day that his Birth is entered in the /e*istry and not before.
GE. There shall be a /e*istry in every precinct wherein shall be enrolled all deeds $eases &ud*ments or other conveyances which may concern any of the land within the Said %recinctJ and all Such conveyances not so entered or /e*istered shall not be of force a*ainst any person not privy to the Said contract or conveyance. G. o man shall be /e*ister of any %recinct who has not at least three hundred acres of ;reehold within the Said %recinct. G#. The freeholders of every %recinct shall nominate three men out of which three the Chief &ustice court shall choose and Commission one to be /e*ister of the Said precinct whilst he shall well behave him self. GG. There shall be a /e*istry in every Colony wherein shall be /ecorded all the Births 9arria*es and deaths that shall happen within the said Colony.
". o 9arria*e shall be lawful whatever Contract or Ceremonies they have used till both the parties mutually own it before the Colony /e*ister and he enter it with the names of the ;ather and mother of such party. "!. o man shall administer to the *oods or have ri*ht to them or enter upon the +state of any person deceased till his death be /e*istered in the Colony /e*istry. "F. He that does not enter in the Colony /e*istry the death or Birth of any person that dies in his house or *round shall pay to the said /e*ister one shillin* per wee, for each Such ne*lect /ec,onin* from the time of each death or birth respectively to the time of /e*isterin* it. "4. In li,e manner the births 9arria*es and deaths of the $ords %roprietors $and*raves and Caciques shall be /e*istered in the Chamberlain's Court. "E. There shall be in every Colony one Constable to be Chosen annually by the ;reeholders of the Colony his +state to be above one hundred acres of ;reehold within the Said ColonyJ and Such
Subordinate officers appointed for his assistance as the precinct court shall find requisite and shall be +stablished by the %recinct courtJ the +lection of the Subordinate annual officers shall be also in the ;reeholders of the Colony. ". (ll Towns incorporate shall be 0overned by a 9ayor twelve (ldermen and twenty four of the Common CouncilJ the Said Common Council to be chosen by the present householders of the Said TownJ and the (ldermen to be Chosen out of the Common Council and the 9ayor out of the (ldermen by the %alatine and the %roprietors. "#. o man shall be permitted to be a ;reeman of Carolina or to have any +state or habitation within it that does not ac,nowled*e a 0od and that 0od is publicly and Solemnly to be worshipped. "G. But since the atives of that place who will be concerned in our %lantations are utterly Stran*ers to Christianity whose Idolatry I*norance or mista,e *ives us no ri*ht to e5pel or use them illJ and those who remove from other parts to %lant there will unavoidably be of different opinions concernin* matters of /eli*ion the liberty whereof they will e5pect to have allowed them and it will not be reasonable for us on this account to ,eep them out that Civil peace may be maintained amidst the diversity of opinions and our a*reement and compact with all men may be duly and faithfully observed the violation
whereof upon what pretence soever cannot be without *reat offence to (lmi*hty 0od and *reat Scandal to the true /eli*ion that we professJ and also that heathens &ews and other dissenters from the purity of Christian /eli*ion may not be Scared and ,ept at a distance from it but by havin* an opportunity of acquaintin* them selves with the truth and reasonableness of its =octrines and the peaceableness and inoffensiveness of its professors may by *ood usa*e and persuasion and all those convincin* 9ethods of 0entleness and mee,ness Suitable to the /ules and desi*n of the 0ospel be won over to embrace and unfei*nedly receive the truthK Therefore any Seven or more persons a*reein* in any /eli*ion shall constitute a church or profession to which they shall *ive Some name to distin*uish it from others. "". The terms of admittance and communion with any church or profession shall be written in a boo, and therein be Subscribed by all the members of the said church or profession. "<. The time of every one's Subscription and admittance shall be dated in the said boo, or record. <. In the terms of Communion of every church or profession these followin* shall be three without which no a*reement or assembly of men upon pretence of /eli*ion shall be accounted a Church or %rofession
within
these
/ulesK
!. That there is a 0od. F. That 0od is publicly to be worshipped. 4. That it is lawful and the duty of every man bein* thereunto called by those that 0overn to bear witness to truthJ and that every church or profession shall in their Terms of Communion Set down the +5ternal way whereby they witness a truth as in the presence of 0od whether it be by layin* hands on and )issin* the 0ospel as in the %rotestant and %apist Churches or by holdin* up the hand or any other Sensible way.
<. (ny person Subscribin* the terms of Communion of any church or profession in the /ecord of the said church before the %recinct /e*ister and any one member of the church or profession shall be thereby made a member of the Said church or profession. <#. (ny person stri,in* out his own name out of any /ecord or his name bein* struc, out by any officer thereunto (uthori6ed by any church or profession shall cease to be a member of that Church or profession.
condition he was in before. <<. (ssemblies upon what pretence soever of /eli*ion not observin* and performin* the above said /ules shall not be +steemed as churches but unlawful meetin*s and be punished as other /iots. !. o person whatsoever shall disturb molest or persecute another for his speculative opinions in /eli*ion or his way of worship. !!. +very ;reeman of Carolina shall have absolute (uthority over his e*ro Slaves of what opinion or /eli*ion soever. !F. o person whatsoever shall hold or claim any land in Carolina by %urchase or *ift or otherwise from the atives or any other person whatsoever but merely from and under the N$ordsO %roprietors upon pain of forfeiture of all his +state moveable or unmoveable and perpetual Banishment. !4. Whoever shall possess any ;reehold in Carolina upon what Title or *rant soever shall at the farthest from and after the year !#"< pay yearly unto the %roprietors for each acre of $and +n*lish measure as much fine Silver as is at this present in one +n*lish penny or the 3alue thereof to be as a Chief /ent and ac,nowled*ment of the %roprietors their heirs and Successors for everJ and it shall be lawful for the proprietors by their -fficers at any
time to ta,e a new Survey of any man's land not to out him of any part of his possession but that by Such a Survey the &ust number of acres he possesses may be ,nown and the /ent thereupon due may be paid by him. !E. (ll wrec,s mines minerals Muarries of 0ems and precious stones with whale fishin* N%earl fishin*O and one half of all amber*ris by whom soever found shall wholly belon* to the %roprietors. !. (ll /evenues and profits arisin* out of any thin* but their distinct particular $ands and possessions shall be divided into ten parts whereof the %alatine shall have three and each %roprietor oneJ but if the %alatine shall 0overn by a =eputy his =eputy shall have one of those three tenths and the %alatine the other two tenths. !#. (ll Inhabitants and freemen of Carolina above seventeen years of (*e and under Si5ty shall be bound to bear (rms and serve as Soldiers whenever the *rand Council shall find it necessary. No !G in manuscriptO !". ( true Copy of these ;undamental Constitutions shall be ,ept in a *reat boo, by the /e*ister of every precinct to be Subscribed before the said /e*ister. or shall any person of what condition or de*ree soever above seventeen
years -ld have any +state or possession in Carboline or protection or benefit of the law there who has not Subscribed these fundamental constitutions in this formK I (. B. do promise to bear faith and true alle*iance to our soverei*n $ord )in* Charles the SecondJ and will be true and faithful to the N %alatine and O $ords %roprietors of CarolinaJ and with my utmost power will defend them and maintain the 0overnment accordin* to this +stablishment in these fundamental constitutions. !<. (nd whatsoever (lien shall in this form before any %recinct /e*ister Subscribe these fundamental Constitutions shall be thereby aturali6ed. !!. In The Same manner shall every person at his admittance into any -ffice Subscribe these fundamental constitutions. !!!. These fundamental constitutions Nin number !!!O and every part thereof shall be and remain as the Sacred unalterable form and /ule of 0overnment Nof CarolinaO for ever. Witness our hands and Seals this twenty first day &uly in the year of our $ord !##<. Footnote ( THE FU'D&E'TL C!'STITUTI!'S
/evisions in the 3ersion of &uly F! !##< (rticle F was struc, out and the followin* was substitutedK The eldest of the $ords %roprietors shall be %alatineJ and upon the decease of the %alatine the +ldest of the Seven Survivin* %roprietors shall always succeed him. (rticle # was revised to read as followsK (t any time before the year !G! any of the $ords %roprietors shall have power to relinquish (lienate and dispose to any other person his %roprietorship and all the Sei*niories powers and Interest thereunto belon*in* wholly and entirely to*ether and not otherwise. But after the year !G those who are then $ords %roprietors shall not have power to (lienate ma,e over or let their proprietorship with the Sei*niories and privile*es thereunto belon*in* or any part thereof to any person whatsoever otherwise than as in article !" but it shall descend unto their heirs maleJ and for want of heirs male it shall descend on that $and*rave or Cacique of Carolina who is descended of the ne5t heir female of the said %roprietorJ and for want of Such heirs it shall descend on the ne5t heir *eneralJ and for want of Such heirs the remainin* Seven proprietors shall upon the 3acancy choose a $and*rave to succeed the deceased proprietor who bein* chosen by the ma8ority of the Seven Survivin* proprietors he and his
heirs Successively shall be proprietors as fully to all intents and purposes as any of the rest. (rticle G was revised to read as followsK (nd that the number of ei*ht %roprietors may be constantly ,ept if upon the vacancy of any %roprietorship the Survivin* Seven %roprietors shall not choose a $and*rave as a %roprietor before the Second Biennial %arliament after the vacancy then the ne5t Biennial %arliament but one after Such vacancy shall have power to choose any $and*rave to be %roprietorJ but whosoever after the year !G either by inheritance or choice shall Succeed any %roprietor in his proprietorship and Sei*niories thereunto belon*in* shall be obli*ed to ta,e the name and (rms of that proprietor whom he Succeeds which from thenceforth shall be the name and (rms of his ;amily and their posterity. (rticle " was struc, out and the followin* was submittedK Whatsoever $and*rave or Cacique shall any way come to be a %roprietor shall ta,e the Sei*niories anne5ed to the said %roprietorship but his former di*nity with the Baronies anne5ed shall devolve into the hands of the $ords %roprietors. (rticle ! was revised to read as followsK The first $and*rave and Caciques of every County shall be nominated not by the &oint election of the %roprietors all to*ether but the ei*ht %roprietors shall each of
them separately nominate and choose one $and*rave and two Caciques to be the ei*ht $and*raves and the si5teen Caciques for the ei*ht first Counties to be %lantedJ and when the said ei*ht Counties shall be planted the proprietors shall in the same manner nominate and Chose ei*ht more $and*raves and si5teen Caciques for the ei*ht ne5t Counties to be appeal plantedJ and so proceed in the same manner till the whole province of Carolina be set out $and and planted accordin* to the proportions in these fundamental Constitutions. (rticle !F was revised to read as followsK That the due number of $and*raves and Caciques may be always ,ept up if upon the devolution of any $and*raveship or Caciqueship The %alatine's Court shall not settle the devolved di*nity with the Baronies thereunto anne5ed before the Second biennial %arliament after Such devolution the ne5t Biennial %arliament but one after such devolution shall have power to ma,e any one $and*rave or Cacique in the /oom of him who dyin* with out heirs his di*nity and Baronies devolved. (rticle !4 was revised to read as followsK o one person shall have more than one di*nity with the Sei*niories of Baronies thereunto belon*in*J but whensoever it shall happen that any one who is already %roprietor $and*rave or Cacique shall have any of those di*nities descend to him by inheritance it
shall be at his choice to ,eep which of the two di*nities with the $ands anne5ed he shall li,e best but shall leave the other with the lands anne5ed to be en8oyed by him who not bein* his heir apparent and certain successor to his present di*nity is ne5t of blood unless when a $and*rave or Cacique comes to be proprietor and then his former di*nity and Baronies shall devolve as in (rticle ". (rticle !# was revised to read as followsK (fter the year !G whatsoever $and*rave or Cacique shall without leave from the %alatine's Court be out of Carolina durin* two successive biennial %arliaments shall at the end of the second biennial %arliament after such his absence be summoned by %roclamationJ and if he come not into Carolina before the ne5t biennial %arliament after Such Summons then the 0rand Council shall have power thence forward to receive all the rents and profits arisin* out of his Baronies until his return or death and to dispose of the said profits as they shall thin, fit. (rticle !G was revised to read as followsK In every Sei*niory Barony and 9anor the respective $ord shall have power in his own name to hold Court there for tryin* of all causes both Civil and CriminalJ But where it shall concern any F person bein* no inhabitant vassal or $eet man of the said Barony Sei*niory or manor he upon payin* down of
forty shillin*s to the $ords %roprietors' use shall have an appeal from t the Sei*niory or Barony Court to the County Court and from the 9anor Court to the precinct Court. (rticle !< was revised to read as followsK +very 9anor shall consist of not less than three thousand (cres and not above twelve thousand (cres in one entire pieceJ but any three thousand acres or more in one piece and the possession of one 9an shall not be a manor unless it be constituted a manor by the *rant of the %alatine's Court. (rticle FF was revised to read as followsK In every Sei*niory Barony and manor all the $eet men shall be under the &urisdiction of the respective $ord of the said Sei*niory Barony or 9anor without appeal from himJ nor shall any $eet man or $eet woman have liberty to *o off from the $and of his particular $ord and live any where else without $icences obtained from his Said $ord under hand and Seal. (rticle FE was revised to read as followsK o man shall be capable of havin* a Court $eet or $eet men but a %roprietor $and*rave or Cacique or $ord of a 9anor. or shall any man be a $eet man who has not voluntarily entered himself a $eet man in the /e*istry of the County Court. (rticle F was revised to read as
followsK Whoever is $ord of $eet men shall upon the marria*e of a $eet man or $eet woman of his *ive them ten (cres of $and for their lives they payin* to him therfor not more than one ei*hth of all yearly produce and *rowth of the said ten acres. (rticle F# was struc, out and the followin* was submittedK o $and*rave or Cacique shall be tried for any criminal cause in any but in the Chief &ustice Court and that by a 8ury of his peers. (rticle FG was revised to read as followsK There shall be ei*ht supreme Courts the first Called the %alatine's Court consistin* of the %alatine and the other Seven %roprietors. The other seven courts of the other " to himJ under each of these latter seven Courts shall be a Colle*e of twelve assistants. f ' The twelve assistants of the Several Colle*es shall be ChosenK two out of the $and*raves by the $and*raves' ChamberJ two out of the Caciques by the Caciques' ChamberJ two out of the $and*raves Caciques or +ldest sons of the %roprietors by the %alatine's CourtJ four more of the twelve shall be chosen by the Commons' Chamber out of such as have been or are members of %arliament Sheriffs or &ustices of the County CourtJ the other two shall be Chosen by the %alatine's Court out of the aforesaid members of %arliament or Sheriffs or &ustices of the County Court or the +ldest sons of $and*raves or
Caciques or %roprietors.
youn*er Sons X
of
(rticle F" was revised to read as followsK -ut of these Colle*es shall be Chosen Si5 Councillors to be 8oined with each %roprietor in his CourtJ of which si5 one shall be of those who were Chosen into any of the Colle*es by the %alatine's Court out of the $and*raves Caciques or +ldest Sons of %roprietorsJ one out of those who were chosen by the $and*rave's ChamberJ and one out of those who were Chosen by the Caciques' ChamberJ two out of those who were Chosen by the Commons' ChamberJ and one out of those who were Chosen by the %alatine's Court out of the %roprietors' youn*er Sons or +ldest Sons of $and*raves or Caciques or Commons Mualified as aforesaid. (rticle 4 was revised to read as followsK o man bein* a member of the *rand Council or of any of the seven Colle*es shall be turned out but ;or misdemeanor of which the *rand Council shall be &ud*eJ and the vacancy of the person so put out shall be filled not by the +lection of the *rand Council but by those who first chose him and out of the same de*ree he was of who is e5pelled. But is not hereby to be understood that the 0rand Council has any power to turn out any one of the $ords %roprietors or their =eputies The $ords %roprietors havin* in themselves an inherent ori*inal ri*ht.
(rticle 4F was revised to read as followsK The %alatine's Court shall consist of the %alatine and Seven %roprietors wherein nothin* shall be acted without the presence and consent of the %alatine or his =eputy and three others of the %roprietors or their deputies. This Court shall have power to call %arliaments to pardon all -ffences to ma,e +lections of all -fficers in the %roprietors' dispose to nominate and appoint port townsJ and also shall have power by their -rder to the Treasurer to dispose of all public Treasure e5ceptin* money *ranted by the %arliament and by them directed to some particular public useJ and also shall have a e*ative upon all (cts -rders 3otes and &ud*ments of the *rand Council and the %arliament. +5cept only as in (rticles G and !FJ and also shall have a ne*ative upon all (cts and orders of the Constable's Court and (dmiral's Court relatin* to warsJ (nd shall have all the powers *ranted to the %roprietors by their patent from our Soverei*n $ord The )in* e5cept in such thin*s as are limited by these fundamental constitutions. (rticle 4E was revised to read as followsK The Chancellor's Court consistin* of one of the %roprietors and his si5 Councillors who shall be called vicechancellors shall have the Custody of the Seal of the %alatinate under which all charters of $ands or otherwise Commissions and *rants of the
%alatine's Court shall pass etc. (nd it shall not be lawful to put the Seal of the %alatinate to any Writin* which is not si*ned by the %alatine or his =eputy and three other %roprietors or their =eputies. To this Court also belon*s all state matters dispatches and treaties with the ei*hbour Indians or any other so far forth as is permitted by our Charter from our Soverei*n $ord the )in*. To this Court also belon*s all Invasions of the $aw of $iberty of conscience and all disturbances of the public peace upon pretence of /eli*ion as also the $icence of printin*. The twelve assistants belon*in* to this Court shall be called /ecorders. (rticle 4G was revised to read as followsJ The (dmiral's Court consistin* of one of the %roprietors and his Si5 Councillors called Consuls shall have the care and inspection over all ports 9oles and avi*able /ivers so far as the Tide flowsJ and also all the public Shippin* of Carolina and stores thereunto belon*in* and all maritime affairs. This Court also shall have the power of the Court of (dmiralty and also to hear and try by $aw9erchant all cases in 9atters of Trade between the 9erchants of Carolina amon*st them selves arisin* without the limits of CarolinaJ as also all controversies in 9erchandisin* that shall happen between =eni6ens of Carolina and forei*ners. The twelve (ssistants belon*in* to this court shall be called proconsuls. In time of
actual war the Hi*h (dmiral whilst he is at Sea Shall command in chief and his Si5 Councillors or such of them as the %alatine's Court shall for that time and service appoint shall be the immediate *reat officers under him and the proconsuls ne5t to them. (rticle 4< was revised to read as followsK The Hi*h Steward's court consistin* of a proprietor and his si5 Councillors who shall be called Comptrollers shall have the care of all forei*n and domestic Trade 9anufactures public buildin*s and wor,houses hi*h ways passa*es by water above the flood of the Tide drains sewers and Ban,s a*ainst inundations Brid*es %osts Carriers ;airs 9ar,ets and all thin*s in order to trade and travel and any thin* that may corrupt deprave or infect the common (ir or water and all other thin*s wherein the %ublic commerce or health is concernedJ and also the settin* out and surveyin* of landsJ and also the settin* out and appointin* places for towns to be built on in the %recincts and the prescribin* and determinin* the ;i*ure and bi*ness of the said Towns accordin* to such 9odels as the said court shall order contrary or differin* from which 9odels it shall not be lawful for any one to build in any Town. (nother revision of (rticle 4< reads as followsK The Hi*h Steward' court consistin* of a proprietor and his si5 Councillors who shall be
called Comptrollers shall have the care of all forei*n and domestic Trade 9anufactures public buildin*s and wor,houses hi*h ways passa*es by water above the flood of the Tide drains sewers and Ban,s a*ainst inundations Brid*es %osts Carriers ;airs 9ar,ets Corruptions or infections of the common air and water and all thin*s in order to public commerce and health.... Nothin* in the manuscript indicates which revision of (rticle 4< was adopted but the latter appears in the 9arch ! !#G version. O (rticle E was first revised to read as followsK This Court shall have power also to ma,e any public buildin* or any new hi*h way or enlar*e any old hi*h way upon any 9an's $and whatsoeverJ as also to ma,e cuts Channels Ban,s loc,s and Brid*es for ma,in* /ivers avi*able for drainin* of ;ens or any other public usesJ the dama*e the owner of such land on or throu*h which any such public thin* shall be made shall receive therby shall be valued by a &ury of twelve men of the %recinct in which any such thin* is done and satisfaction shall be made accordin*ly by a Ta5 either on the County or that particular precinct as the *rand Council shall thin, fit to order in that particular case. (nd if it be a Sei*niory or Barony on or throu*h which any such public thin* shall be made then the dama*e the owner of
the said Sei*niory or Barony shall receive thereby shall be valued by the Hi*h Steward's Court and satisfaction shall be made accordin*ly by a ta5 on the County. The twelve assistants belon*in* to this Court shall be called Surveyors. (rticle E was finally revised to read as followsK This Court shall have power also to ma,e any public buildin* or any new hi*h way or enlar*e any old hi*h way upon any 9an's $and whatsoeverJ as also to ma,e cuts Channels Ban,s loc,s and Brid*es for ma,in* /ivers avi*able for drainin* of ;ens or any other public usesJ the dama*e the owner of such land on or throu*h which any such public thin* shall be made shall receive thereby shall be valued and satisfaction made by such ways as the 0rand Council shall appoint. The twelve assistants belon*in* to this Court shall be called Surveyors. (rticle E was struc, out and the foulin* was substitutedK In all the %roprietors' Courts the %roprietor and any three of his Councillors shall ma,e a MuorumJ %rovided always that for the better dispatch of business it shall be in the power of the %alatine's Court to direct what sort of causes shall be heard and determined by a Muorum of any three. (rticle E# was revised to read as followsK The *rand Council shall consist of the %alatine and Seven %roprietors and the forty two
Councillors of the Several %roprietors' CourtsJ who shall have power to determine any Controversies that may arise between any of the %roprietors' Courts about their respective &urisdictions or between the 9embers of one and the same Court about their manner and methods of proceedin*J to ma,e peace and war $ea*ues Treaties etc. with any of the ei*hbour IndiansJ To issue out their 0eneral -rders to the Constable's and (dmiral's Court for the /aisin* disposin* or disbandin* the ;orces by land or by SeaJ to prepare all matters to be proposed in %arliamentJ nor shall any matter whatsoever be proposed in %arliament but what his first passed the 0rand Council which after havin* been read three several days in the %arliament shall be passed or re8ected. (rticle E was revised to read as followsK +ach %roprietor's deputy shall be always one of their own Si5 Councillors respectivelyJ (nd in case any of the %roprietors has not in his absence out of Carolina a =eputy in Carolina commissioned under his hand and seal the +ldest obleman of his Court shall of course be his =eputy. (rticle was struc, out and the followin* was substitutedK In +very County there shall be a Court consistin* of a Sheriff and four &ustices of the County Court for +very precinct one. The Sheriff Shall be an inhabitant of this County and
have at least five hundred acres of freehold within the said CountyJ and the &ustices Shall be inhabitants and have each of them five hundred acres apiece in the precinct for which they Serve respectively. These five Shall be chosen commissioned from time to time by the %alatine's Court. (rticle G was revised to read as followsK In every %recinct there shall be a Court consistin* of a Steward and four &ustices of the %recinct bein* Inhabitants and havin* three hundred (cres of ;reehold within the said %recinctJ who shall &ud*e all Criminal causes e5cept for Treason 9urder and any other offences punished with death and all criminal causes of the obilityJ and all civil causes whatsoever and in all personal actions not e5ceedin* fifty pounds without appealJ but where the Cause shall e5ceed that 3alue or concern a Title of land and in all Criminal causes there either party upon payin* five pounds to the %roprietors' use shall have $iberty of appeal unto the County Court. (rticle #G was revised to read as followsK ( new %arliament shall be assembled the first 9onday of the 9onth of ovember every second year and shall meet and Sit in the Town they last Sat in without any Summons unless by the %alatine's Court they be Summoned to meet at any other placeJ and if there shall be any occasion of a %arliament in these Intervals it shall be in the power of the %alatine's Court to
assemble them on forty days' notice at Such time and place as the said Court shall thin, fitJ and the %alatine's Court shall have power to dissolve the said %arliament when they Shall thin, fit. (rticle G! was revised to read as followsK (ny %roprietor or his =eputy may enter his %rotestation a*ainst any act of the %arliament before the %alatine or his deputy's consent be *iven as aforesaid if he shall conceive the said act to be contrary to this +stablishment or any of these ;undamental Constitutions of the 0overnmentJ and in Such case after a full and free debate the several +states shall retire into four several Chambers the %alatine and %roprietors into one the $and*raves into another and the Caciques into another and those Chosen by the %recincts into a fourthJ and if the ma8or part of any of these four +states shall 3ote that the law is not a*reeable to this +stablishment and these fundamental constitution of the 0overnment then it shall pass no further but be as if it had never been proposed. The Muorum of the %arliament shall be one half of those who are members and capable of sittin* in the house that present session of %arliament. The Muorum of each of the Chambers of %arliament shall be one half of the members of that Chamber. (rticle GE was revised to read as followsK There shall be a /e*istry in every precinct wherein shall be
enrolled all deeds $eases &ud*ments mort*a*es or other conveyances which may concern any of the land within the Said %recinctJ and all Such conveyances not so entered or /e*istered shall not be of force a*ainst any person not privy to the Said contract or conveyance. (rticle GG was revised to read as followsK There shall be a /e*istry in every Sei*niory Barony and Colony wherein shall be /ecorded all the Births 9arria*es and deaths that shall happen within the said Colony. (rticle G< was revised to read as followsK The time of every one's (*e that is born in Carolina shall be /ec,oned from the day that his Birth is entered in the /e*istry and not before. (rticle " was revised to read as followsK o marria*e shall be lawful whatever Contract of Ceremonies they have used till both the parties mutually own it before the /e*ister where they were married and he enter it with the names of the ;ather and mother of each party. (rticle "! was revised to read as followsK o man shall administer to the *oods or have ri*ht to them or enter upon the +state of any person deceased till his death be /e*istered in the /espective /e*istry. (rticle "F was revised to read as followsK He that does not enter in the respective /e*istry the death or
Birth or any person that dies or is born in his house or *round shall pay to the said /e*ister one shillin* per wee, for each Such ne*lect /ec,onin* from the time of each death or birth respectively to the time of /e*isterin* it. (rticle "E was revised to read as followsK There shall be in every Colony one Constable to be Chosen annually by the ;reeholders of the Colony his +state to be above one hundred acres of ;reehold within the Said ColonyJ and Such Subordinate officers appointed for his assistance as the County Court shall find requisite and shall be +stablished by the said County courtJ the +lection of the Subordinate annual officers shall be also in the ;reeholders of the Colony. (rticle " was revised to read as followsK (ll Towns incorporate shall be 0overned by a 9ayor twelve (ldermen and twenty four of the Common CouncilJ the Said Common Council to be chosen by the present householders of the Said TownJ and the (ldermen to be Chosen out of the Common Council and the 9ayor out of the (ldermen by the %alatine's Court. (rticle < was revised to read as followsK In the terms of Communion of every church or profession these followin* shall be three without which no a*reement or assembly of men upon pretence of /eli*ion shall be accounted a Church or %rofession
within
these
/ulesK
!. That there is a 0od. F. That 0od is publicly to be worshipped. 4. That it is lawful and the duty of every man bein* thereunto called by those that 0overn to bear witness to truthJ and that every church or profession shall in their Terms of Communion Set down the +5ternal way whereby they witness a truth as in the presence of 0od whether it be by layin* hands on and )issin* the Bible as in the %rotestant and %apist Churches or by holdin* up the hand or any other Sensible way. (rticle < was revised to read as followsK (ny person Subscribin* the terms of Communion of any church or profession in the /ecord of the said church before the %recinct /e*ister and any five members of the church or profession shall be thereby made a member of the Said church or profession. (rticle <# was revised to read as followsK (ny person stri,in* out his own name out of any reli*ious /ecord or his name bein* struc, out by any officer thereunto (uthori6ed by +ach church or profession respectively shall cease to be a member of that Church or profession. (rticle !! was revised to read as followsK +very ;reeman of Carolina shall have absolute power and
(uthority over his e*ro Slaves of what opinion or /eli*ion soever. Footnote $ 83!CL&TI!' !F "$(2) Charter of Florida
-ctober G !G#4 By the )in* a %roclamation 0eor*e /. Whereas We have ta,en into -ur /oyal Consideration the e5tensive and valuable (cquisitions in (merica secured to our Crown by the late =efinitive Treaty of %eace concluded at %aris the !th =ay of ;ebruary lastJ and bein* desirous that all -ur lovin* Sub8ects as well of our )in*dom as of our Colonies in (merica may avail themselves with all convenient Speed of the *reat Benefits and (dvanta*es which must accrue therefrom to their Commerce 9anufactures and avi*ation We have thou*ht fit with the (dvice of our %rivy Council to issue this our /oyal %roclamation hereby to publish and declare to all our lovin* Sub8ects that we have with the (dvice of our Said %rivy Council *ranted our $etters %atent under our 0reat Seal of 0reat Britain to erect within the Countries and Islands ceded and confirmed to s by the said Treaty ;our distinct and separate 0overnments styled and called by the names of Muebec +ast ;lorida West ;lorida and 0renada and limited and bounded as follows vi6.
;irst The 0overnment of Muebec bounded on the $abrador Coast by the /iver St. &ohn and from thence by a $ine drawn from the Head of that /iver throu*h the $a,e St. &ohn to the South end of the $a,e ipissimJ from whence the said $ine crossin* the /iver St. $awrence and the $a,e Champlain in E. =e*rees of orth $atitude passes alon* the Hi*h $ands which divide the /ivers that empty themselves into the said /iver St. $awrence from those which fall into the SeaJ and also alon* the orth Coast of the Baye des Chaleurs and the Coast of the 0ulph of St. $awrence to Cape /osieres and from thence crossin* the 9outh of the /iver St. $awrence by the West +nd of the Island of (nticosti terminates at the aforesaid /iver of St. &ohn. Secondly The 0overnment of +ast ;lorida bounded to the Westward by the 0ulph of 9e5ico and the (palachicola /iverJ to the orthward by a $ine drawn from that part of the said /iver where the Chatahouchee and ;lint /ivers meet to the source of St. 9ary's /iver and by the course of the said /iver to the (tlantic -ceanJ and the +astward and Southward by the (tlantic -cean and the 0ulph of ;lorida includin* all Islands within Si5 $ea*ues of the Sea Coast. Thirdly The 0overnment of West ;lorida bounded to the Southward by the 0ulph of 9e5ico includin* all
Islands within Si5 $ea*ues of the Coast from the /iver (palachicola to $a,e %ontchartrainJ to the Westward by the said $a,e the $a,e 9aurepas and the /iver 9ississippiJ to the orthward by a $ine drawn due +ast from that part of the /iver 9ississippi which lies in 4! =e*rees orth $atitude to the /iver (palachicola or ChatahoucheeJ and the +astward by the said /iver ;ourthly The 0overnment of 0renada comprehendin* the Island of that name to*ether with the 0renadines and the Islands of =ominico St. 3incent's and Toba*o. (nd to the end that the open and free ;ishery of our Sub8ects may be e5tended to and carried on upon the Coast of $abrador and the ad8acent Islands We have thou*ht fit with the advice of our said %rivy Council to put all that Coast from the /iver St. &ohn's to Hudson's Strei*hts to*ether with the Islands of (nticosti and 9adelaine and all other smaller Islands lyin* upon the said Coast under the care and Inspection of our 0overnor of ewfoundland. We have also with the advice of our %rivy Council thou*ht fit to anne5 the Islands of St. &ohn's and Cape Breton or Isle /oyale with the lesser Islands ad8acent thereto to our 0overnment of ova Scotia. We have also with the advice of our %rivy Council aforesaid anne5ed to our %rovince of 0eor*ia all the $ands lyin*
between the /ivers (latamaha and St. 9ary's. (nd whereas it will *reatly contribute to the speedy settlin* of our said new 0overnments that our lovin* Sub8ects should be informed of our %aternal care for the security of the $iberties and %roperties of those who are and shall become Inhabitants thereof We have thou*ht fit to publish and declare by this -ur %roclamation that We have in the $etters %atent under our 0reat Seal of 0reat Britain by which the said 0overnments are constituted *iven e5press %ower and =irection to our 0overnors of our Said Colonies respectively that so soon as the state and circumstances of the said Colonies will admit thereof they shall with the (dvice and Consent of the 9embers of our Council summon and call 0eneral (ssemblies within the said 0overnments respectively in such 9anner and ;orm as is used and directed in those Colonies and %rovinces in (merica which are under our immediate 0overnmentJ (nd We have also *iven %ower to the said 0overnors with the consent of our Said Councils and the /epresentatives of the %eople so to be summoned as aforesaid to ma,e constitute and ordain $aws Statutes and -rdinances for the %ublic %eace Welfare and *ood 0overnment of our said Colonies and of the %eople and Inhabitants thereof as near as may be a*reeable to the $aws of +n*land and under
such /e*ulations and /estrictions as are used in other ColoniesJ and in the mean Time and until such (ssemblies can be called as aforesaid all %ersons Inhabitin* in or resortin* to our Said Colonies may confide in our /oyal %rotection for the +n8oyment of the Benefit of the $aws of our /ealm of +n*landJ for which %urpose We have *iven %ower under our 0reat Seal to the 0overnors of our said Colonies respectively to erect and constitute with the (dvice of our said Councils respectively Courts of &udicature and public &ustice within our Said Colonies for hearin* and determinin* all Causes as well Criminal as Civil accordin* to $aw and +quity and as near as may be a*reeable to the $aws of +n*land with $iberty to all %ersons who may thin, themselves a**rieved by the Sentences of such Courts in all Civil Cases to appeal under the usual $imitations and /estrictions to s in our %rivy Council. We have also thou*ht fit with the advice of our %rivy Council as aforesaid to *ive unto the 0overnors and Councils of our said Three new Colonies upon the Continent full %ower and (uthority to settle and a*ree with the Inhabitants of our said new Colonies or with any other %ersons who shall resort thereto for such $ands Tenements and Hereditaments as are now or hereafter shall be in our %ower to dispose ofJ and them to *rant to any such %erson or %ersons upon such Terms and under such
moderate Muit/ents Services and (c,nowled*ments as have been appointed and settled in our other Colonies and under such other Conditions as shall appear to us to be necessary and e5pedient for the (dvanta*e of the 0rantees and the Improvement and settlement of our said Colonies. (nd Whereas We are desirous upon all occasions to testify our /oyal Sense and (pprobation of the Conduct and bravery of the -fficers and Soldiers of our (rmies and to reward the same We do hereby command and impower our 0overnors of our said Three new Colonies and all other our 0overnors of our several %rovinces on the Continent of orth (merica to *rant without ;ee or /eward to such reduced -fficers as have served in orth (merica durin* the late War and to such %rivate Soldiers as have been or shall be disbanded in (merica and are actually residin* there and shall personally apply for the same the followin* Muantities of $ands sub8ect at the +5piration of Ten ears to the same Muit /ents as other $ands are sub8ect to in the %rovince within which they are *ranted as also sub8ect to the same Conditions of Cultivation and ImprovementJ vi6. To every %erson havin* the /an, of a ;ield -fficer (cres. To every Captain (cres. To every Subaltern or Staff -fficer F (cres. To every onCommission -fficer
F (cres. To every %rivate 9an (cres. We do li,ewise authori6e and require the 0overnors and Commanders in Chief of all our said Colonies upon the Continent of orth (merica to *rant the li,e Muantities of $and and upon the same conditions to such reduced -fficers of our avy of li,e /an, as served on board our Ships of War in orth (merica at the times of the /eduction of $ouisbour* and Muebec in the late War and who shall personally apply to our respective 0overnors for such 0rants. (nd whereas it is 8ust and reasonable and essential to our Interest and the Security of our Colonies that the several ations or Tribes of Indians with whom We are connected and who live under our %rotection should not be molested or disturbed in the %ossession of such %arts of -ur =ominions and Territories as not havin* been ceded to or purchased by s are reserved to them or any of them as their Huntin* 0rounds. We do therefore with the (dvice or our %rivy Council declare it to be our /oyal Will and %leasure that no 0overnor or Commander in Chief in any of our Colonies of Muebec +ast ;lorida or West ;lorida do presume upon any %retence whatever to *rant Warrants of Survey or pass any %atents for $ands beyond the Bounds of their
respective 0overnments as described in their CommissionsJ as also that no 0overnor or Commander in Chief in any of our other Colonies or %lantations in (merica do presume for the present and until our further %leasure be ,nown to *rant Warrants of Survey or pass %atents for any $ands beyond the Heads or Sources of any of the /ivers which fall into the (tlantic -cean from the West and orth West or upon any $ands whatever which not havin* been ceded to or purchased by s as aforesaid are reserved to the said Indians or any of them. (nd We do further declare it to be -ur /oyal Will and %leasure for the present as aforesaid to reserve under our Soverei*nty %rotection and =ominion for the use of the said Indians all the $ands and Territories not included within the $imits of -ur said Three new 0overnments or within the $imits of the Territory *ranted to the Hudson's Bay Company as also all the $ands and Territories lyin* to the Westward of the Sources of the /ivers which fall into the Sea from the West and orth West as aforesaid. (nd We do hereby strictly forbid on %ain of our =ispleasure all our lovin* Sub8ects from ma,in* any %urchases or Settlements whatever or ta,in* %ossession of any of the $ands above reserved without our especial leave and $icence for that %urpose first obtained.
(nd We do further strictly en8oin and require all %ersons whatever who have either wilfully or inadvertently seated themselves upon any $ands within the Countries above described or upon any other $ands which not havin* been ceded to or purchased by s are still reserved to the said Indians as aforesaid forthwith to remove themselves from such Settlements. (nd whereas *reat ;rauds and (buses have been committed in purchasin* $ands of the Indians to the *reat %re8udice of our Interests and to the *reat =issatisfaction of the said IndiansJ In order therefore to prevent such Irre*ularities for the future and to the end that the Indians may be convinced of our &ustice and determined /esolution to remove all reasonable Cause of =iscontent We do with the (dvice of our %rivy Council strictly en8oin and require that no private %erson do presume to ma,e any purchase from the said Indians of any $ands reserved to the said Indians within those parts of our Colonies where We have thou*ht proper to allow SettlementJ but that if at any Time any of the Said Indians should be inclined to dispose of the said $ands the same shall be %urchased only for s in our ame at some public 9eetin* or (ssembly of the said Indians to be held for that %urpose by the 0overnor or Commander in Chief of our Colony respectively within which they shall lieJ and in case they shall lie within
the limits of any %roprietary 0overnment they shall be purchased only for the se and in the name of such %roprietaries conformable to such =irections and Instructions as We or they shall thin, proper to *ive for that %urposeJ (nd we do by the (dvice of our %rivy Council declare and en8oin that the Trade with the said Indians shall be free and open to all our Sub8ects whatever provided that every %erson who may incline to Trade with the said Indians do ta,e out a $icence for carryin* on such Trade from the 0overnor or Commander in Chief of any of our Colonies respectively where such %erson shall reside and also *ive Security to observe such /e*ulations as We shall at any Time thin, fit by ourselves or by our Commissaries to be appointed for this %urpose to direct and appoint for the Benefit of the said TradeK (nd we do hereby authori6e en8oin and require the 0overnors and Commanders in Chief of all our Colonies respectively as well those under -ur immediate 0overnment as those under the 0overnment and =irection of %roprietaries to *rant such $icences without ;ee or /eward ta,in* especial Care to insert therein a Condition that such $icence shall be void and the Security forfeited in case the %erson to whom the same is *ranted shall refuse or ne*lect to observe such /e*ulation as We shall thin, proper to prescribe as aforesaid.
(nd we do further e5pressly en8oin and require all -fficers whatever as well 9ilitary as those +mployed in the 9ana*ement and =irection of Indian (ffairs within the Territories reserved as aforesaid for the use of the said Indians to sei6e and apprehend all %ersons whatever who standin* char*ed with Treason 9isprisions of Treason 9urders or other ;elonies or 9isdemeanors shall fly from &ustice and ta,e /efu*e in the said Territory and to send them under a proper *uard to the Colony where the Crime was committed of which they stand accused in order to ta,e their Trial for the same. 0iven at our Court at St. &ames's the Gth =ay of -ctober !G#4 in the Third ear of our /ei*n. :!D SVE THE 0I': Footnote %
!#G Charter TH+ /-($ CH(/T+/ incorporatin* The Hudson's Bay Company F 9ay !#G CH(/$+S TH+ S+C-= By the *race of 0od )in* of +n*land Scotland ;rance and Ireland defender of the faith Pc T- ($$ to whom these presents shall come *reetin* WH+/+(S -ur =ear and entirely Beloved cousin %rince /upert Count %alatine of the /hine =u,e of Bavaria and Cumberland Pc
Christopher =u,e of (lbemarle William +arl of Craven Henry $ord (rlin*ton (nthony $ord (shley Sir &ohn /obinson and Sir /obert 3yner )ni*hts and Baronets Sir %eter Colleton Baronet Sir +dward Hun*erford )ni*ht of the Bath Sir %aul eil )ni*ht Sir &ohn 0riffith and Sir %hilip Carteret )ni*hts &ames Hayes &ohn )ir,e ;rancis 9illin*ton William %rettyman &ohn ;enn +squires and &ohn %ortman Citi6en and 0oldsmith of $ondon have at their own *reat cost and char*e underta,en an +L%+=ITI- for Hudson's Bay in the orth west part of (merica for the discovery of a new %assa*e into the South Sea and for the findin* some Trade for ;urs 9inerals and other considerable Commodities and by such their underta,in* have already made such discoveries as do encoura*e them to proceed further in pursuance of their said desi*n by means whereof there may probably arise very *reat advanta*e to us and our )in*dom (= WH+/+(S the said underta,ers for their further encoura*ement in the said desi*n have humbly besou*ht us to Incorporate them and *rant unto them and their successors the sole Trade and Commerce of all those Seas Straits Bays /ivers $a,es Cree,s and Sounds in whatsoever $atitude they shall be that lie within the entrance of the Straits commonly called Hudson's Straits to*ether with all the $ands Countries and Territories upon the
Coasts and Confines of the Seas Straits Bays $a,es /ivers Cree,s and Sounds aforesaid which are not now actually possessed by any of our Sub8ects or by the Sub8ects of any other Christian %rince or State -W )-W + that We bein* desirous to promote all +ndeavours tendin* to the public *ood of our people and to encoura*e the said underta,in* H(3+ of our especial *race certain ,nowled*e and mere motion 0iven *ranted ratified and confirmed (nd by these %resents for us our heirs and Successors =- *ive *rant ratify and confirm unto our said Cousin %rince /upert Christopher =u,e of (lbemarle William +arl of Craven Henry $ord (rlin*ton (nthony $ord (shley Sir &ohn /obinson Sir /obert 3yner Sir %eter Colleton Sir +dward Hun*erford Sir %aul eil Sir &ohn 0riffith and Sir %hilip Carteret &ames Hayes &ohn )ir,e ;rancis 9illin*ton William %rettyman &ohn ;enn and &ohn %ortman That they and such others as shall be admitted into the said Society as is hereafter e5pressed shall be one Body Corporate and %olitic in deed and in name by the name of the 0overnor and Company of (dventurers of +n*land tradin* into Hudson's Bay and them by the name of the 0overnor and Company of (dventurers of +n*land tradin* into Hudson's Bay one Body Corporate and %olitic in deed and in name really and fully for ever for us our heirs and successors W+ =- ma,e ordain constitute establish confirm
and declare by these %resents and that by the same name of 0overnor P Company of (dventurers of +n*land Tradin* into Hudson's Bay they shall have perpetual succession (nd that they and their successors by the name of 0overnor and Company of (dventurers of +n*land Tradin* into Hudson's Bay be and at all times hereafter shall be persons able and capable in $aw to have purchase receive possess en8oy and retain $ands /ents privile*es liberties &urisdictions ;ranchises and hereditaments of what ,ind nature and quality soever they be to them and their Successors (nd also to *ive *rant demise alien assi*n and dispose $ands Tenements and hereditaments and to do and e5ecute all and sin*ular other thin*s by the same name that to them shall or may appertain to do (nd that they and their Successors by the name of the 0overnor and Company of (dventurers of +n*land Tradin* into Hudson's Bay may plead and be impleaded answer and be answered defend and be defended in whatsoever Courts and places before whatsoever &ud*es and &ustices and other persons and -fficers in all and sin*ular (ctions %leas Suits Muarrels causes and demands whatsoever of whatsoever ,ind nature or sort in such manner and form as any other our $ie*e people of this our /ealm of +n*land bein* persons able and capable in $aw may or can have purchase receive possess en8oy retain *ive *rant demise alien assi*n dispose plead defend and be defended do permit
and e5ecute (nd that the said 0overnor and Company of (dventurers of +n*land Tradin* into Hudson's Bay and their successors may have a Common Seal to serve for all the causes and businesses of them and their Successors and that it shall and may be lawful to the said 0overnor and Company and their Successors the same Seal from time to time at their will and pleasure to brea, chan*e and to ma,e a new or alter as them shall seem e5pedient (= ;/TH+/ W+ WI$$ (nd by these presents for us our Heirs and successors W+ =- ordain that there shall be from henceforth one of the same Company to be elected and appointed in such form as hereafter in these presents is e5pressed which shall be called The 0overnor of the said Company (nd that the said 0overnor and Company shall or may elect seven of their number in such form as hereafter in these presents is e5pressed which shall be called the Committee of the said Company which Committee of seven or any three of them to*ether with the 0overnor or =eputy 0overnor of the said Company for the time bein* shall have the direction of the 3oya*es of and for the said Company and %rovision of the Shippin* and 9erchandises thereunto belon*in* and also the sale of all merchandises 0oods and other thin*s returned in all or any the 3oya*es or Ships of or for the
said Company and the mana*in* and handlin* of all other business affairs and thin*s belon*in* to the said Company (= W+ WI$$ ordain and 0rant by these presents for us our heirs and successors unto the said 0overnor and Company and their successors that they the said 0overnor and Company and their successors shall from henceforth for ever be ruled ordered and *overned accordin* to such manner and form as is hereafter in these presents e5pressed and not otherwise (nd that they shall have hold retain and en8oy the 0rants $iberties %rivile*es &urisdictions and Immunities only hereafter in these presents *ranted and e5pressed and no other (nd for the better W+ H(3+ (SSI0+= nominated constituted and made (nd by these presents for us our heirs and successors W+ = (SSI0 nominate constitute and ma,e our said Cousin %rince /upert to be the first and present 0overnor of the said Company and to continue in the said -ffice from the date of these presents until the tenth of ovember then ne5t followin* if he the said %rince /upert shall so lon* live and so until a new 0overnor be chosen by the said Company in form hereafter e5pressed (= ($S- W+ H(3+ assi*ned nominated and appointed (nd by these presents for us our heirs and Successors W+ =assi*n nominate and constitute the said Sir &ohn /obinson Sir /obert 3yner Sir %eter Colleton &ames Hayes &ohn )ir,e ;rancis
9illin*ton and &ohn %ortman to be the seven first and present Committees of the said Company from the date of these presents until the said tenth =ay of ovember then also ne5t followin* and so until new Committees shall be chosen in form hereafter e5pressed (= ;/TH+/ W+ WI$$ and *rant by these presents for us our heirs and Successors unto the said 0overnor and Company and their successors that it shall and may be lawful to and for the said 0overnor and Company for the time bein* or the *reater part of them present at any public (ssembly commonly called the Court 0eneral to be holden for the said Company the 0overnor of the said Company bein* always one from time to time elect nominate and appoint one of the said Company to be =eputy to the said 0overnor which =eputy shall ta,e a corporal -ath before the 0overnor and three or more of the Committee of the said Company for the time bein* well truly and faithfully to e5ecute his said -ffice of =eputy to the 0overnor of the said Company and after his -ath so ta,en shall and may from time to time in the absence of the said 0overnor e5ercise and e5ecute the -ffice of 0overnor of the said Company in such sort as the said 0overnor ou*ht to do (= ;/TH+/ W+ will and *rant and by these presents for us our heirs and Successors unto the said
0overnor and Company of (dventurers of +n*land tradin* into Hudson's Bay and their Successors That they or the *reater part of them whereof the 0overnor for the Time bein* or his =eputy to be one from time to time and at all times hereafter shall and may have authority and power yearly and every year the first and last day of ovember to assemble and meet to*ether in some convenient place to be appointed from time to time by the 0overnor or in his absence by the =eputy of the said 0overnor for the time bein* (nd that they bein* so assembled it shall and may be lawful to and for the said 0overnor or =eputy of the said 0overnor and the said Company for the time bein* or the *reater part of them which then shall happen to be present whereof the 0overnor of the said Company or his =eputy for the time bein* to be one to elect and nominate one of the said Company which shall be 0overnor of the same Company for one whole year then ne5t followin* which person bein* so elected and nominated to be 0overnor of the said Company as is aforesaid before he be admitted to the +5ecution of the said -ffice shall ta,e a Corporal -ath before the last 0overnor bein* his %redecessor or his =eputy and any three or more of the Committee of the said Company for the time bein* that he shall from time to time well and truly e5ecute the -ffice of 0overnor of the said Company in all thin*s concernin* the same and that Immediately after the same -ath so ta,en he shall and
may e5ecute and use the said -ffice of 0overnor of the said Company for one whole year from thence ne5t followin* and in li,e sort We will and *rant that as well every one of the above named to be of the said Company or fellowship as all other hereafter to be admitted or free of the said Company shall ta,e a Corporal -ath before the 0overnor of the said Company or his =eputy for the time bein* to such effect as by the said 0overnor and Company or the *reater part of them in any public Court to be held for the said Company shall be in reasonable and le*al manner set down and devised before they shall be allowed or admitted to Trade or traffic as a freeman of the said Company (= ;/TH+/ W+ WI$$ and *rant by these presents for us our heirs and successors unto the said 0overnor and Company and their successors that the said 0overnor or =eputy 0overnor and the rest of the said company and their successors for the time bein* or the *reater part of them whereof the 0overnor or the =eputy 0overnor from time to time to be one shall and may from time to time and at all times hereafter have power and authority yearly and every year between the first and last day of ovember to assemble and meet to*ether in some convenient place from time to time to be appointed by the said 0overnor of the said Company or in his absence by his =eputy and that they bein* so assembled it shall and may be lawful to and for the said 0overnor or his
=eputy and the Company for the time bein* or the *reater part of them which then shall happen to be present whereof the 0overnor of the said Company or his =eputy for the time bein* to be one to elect and nominate seven of the said Company which shall be a Committee of the said Company for one whole year from thence ne5t ensuin* which persons bein* so elected and nominated to be a Committee of the said Company as aforesaid before they be admitted to the e5ecution of their -ffice shall ta,e a Corporal -ath before the 0overnor or his =eputy and any three or more of the said Committee of the said Company bein* their last %redecessors and that they and every of them shall well and faithfully perform their said -ffice of Committees in all thin*s concernin* the same (nd that immediately after the said -ath so ta,en they shall and may e5ecute and sue their said -ffice of Committees of the said Company for one whole year from thence ne5t followin* (= 9-/+-3+/ -ur will and pleasure is (nd by these presents for us our heirs and successors W+ =0/(T unto the said 0overnor and Company and their successors that when and as often as it shall happen the 0overnor or =eputy 0overnor of the said Company for the time bein* at any time within one year after that he shall be nominated elected and sworn to the -ffice of the 0overnor of the said Company as is aforesaid to dye or to be removed
from the said -ffice which 0overnor or =eputy 0overnor not demeanin* himself well in his said -ffice W+ WI$$ to be removable at the %leasure of the rest of the said Company or the *reater part of them which shall be present at their public assemblies commonly called their 0eneral Courts holden for the said Company that then and so often it shall and may be lawful to and for the /esidue of the said Company for the time bein* or the *reater part of them within convenient time after the death or removin* of any such 0overnor or =eputy 0overnor to assemble themselves in such convenient place as they shall thin, fit for the election of the 0overnor or =eputy 0overnor of the said Company and that the said Company or the *reater part of them bein* then and there present shall and may then and there before their departure from the said place elect and nominate one other of the said Company to be 0overnor or =eputy 0overnor for the said Company in the place and stead of him that so dyed or was removed which person bein* so elected and nominated to the -ffice of 0overnor of =eputy 0overnor of the said Company shall have and e5ercise the said -ffice for and durin* the residue of the said year ta,in* first a Corporal -ath as is aforesaid for the due e5ecution thereof (nd this to be done from time to time so often as the case shall so require (= ($S- -ur Will and %leasure is and by these presents for us our
heirs and successors W+ =- *rant unto the said 0overnor and Company that when and as often as it shall happen any person or persons of the Committee of the said Company for the time bein* at any time within one year ne5t after that they or any of them shall be nominated elected and sworn to the -ffice of Committee of the said Company as is aforesaid to dye or to be removed from the said -ffice which Committees not demeanin* themselves well in their said -ffice We will to be removable at the pleasure of the said 0overnor and Company or the *reater part of them whereof the 0overnor of the said Company for the time bein* or his =eputy to be one that then and so often it shall and may be lawful to and for the said 0overnor and the rest of the Company for the time bein* or the *reater part of them whereof the 0overnor for the time bein* or his =eputy to be one within convenient time after the death or removin* of any of the said Committee to assemble themselves in such convenient place as is or shall be usual and accustomed for the election of the 0overnor of the said Company or where else the 0overnor of the said Company for the time bein* or his =eputy shall appoint (nd that the said 0overnor and Company or the *reater part of them whereof the 0overnor for the time bein* or his =eputy to be one bein* then and there present shall and may then and there before their =eparture from the said place elect and nominate one or more of the
said Company to be of the Committee of the said Company in the place and stead of him or them that so died or were or was so removed which person or persons so elected and nominated to the -ffice of Committee of the said Company shall have and e5ercise the said -ffice for and durin* the residue of the said year ta,in* first a Corporal -ath as is aforesaid for the due e5ecution thereof and this to be done from time to time so often as the case shall require (nd to the end the said 0overnor and Company of (dventurers of +n*land Tradin* into Hudson's Bay may be encoura*ed to underta,e and effectually to prosecute the said desi*n of our more especial *race certain ,nowled*e and mere 9otion W+ H(3+ *iven *ranted and confirmed (nd by these presents for us our heirs and successors =- *ive *rant and confirm unto the said 0overnor and Company and their successors the sole Trade and Commerce of all those Seas Straits Bays /ivers $a,es Cree,s and in whatsoever $atitude they shall be that lie within the entrance of the Straits commonly called Hudson's Straits to*ether with all the $ands and Territories upon the Countries Coasts and confines of the Seas Bays $a,es /ivers Cree,s and aforesaid that are not already actually possessed by or *ranted to any of our Sub8ects or possessed by the Sub8ects of any other Christian %rince or State with the ;ishin* of all Sorts of ;ish Whales Stur*eons
and all other /oyal ;ishes in the Seas Bays Islets and /ivers within the premises and the ;ish therein ta,en to*ether with the /oyalty of the Sea upon the Coasts with the $imits aforesaid and all 9ines /oyal as well discovered as not discovered of 0old Silver 0ems and precious Stones to be found or discovered within the Territories $imits and %laces aforesaid (nd that the said $and be from henceforth rec,oned and reputed as one of our %lantations or Colonies in (merica called /upert's $and. (= ;/TH+/ W+ =- by these presents for us our heirs and successors ma,e create and constitute the said 0overnor and Company for the time bein* and their successors the true and absolute $ords and %roprietors of the same Territory limits and places aforesaid (nd of all other the premises S(3I0 ($W(S the faith (lle*iance and Soverei*n =ominion due to us our heirs and successors for the same T- H(3+ H-$= possess and en8oy the said Territory limits and places and all and sin*ular other the premises hereby *ranted as aforesaid with their and every of their /i*hts 9embers &urisdictions %rero*atives /oyalties and (ppurtenances whatsoever to them the said 0overnor and Company and their Successors for ever
T- B+ H-$=+ of us our heirs and successors as of our 9anor of +ast 0reenwich in our Country of )ent in free and common Soca*e and not in Capite or by )ni*hts Service I+$=I0 (= %(I0 yearly to us our heirs and Successors for the same two +l,s and two Blac, beavers whensoever and as often as We our heirs and successors shall happen to enter into the said Countries Territories and /e*ions hereby *ranted. (= ;/TH+/ our will and pleasure is (nd by these presents for us our heirs and successors W+ =- *rant unto the said 0overnor and Company and to their successors that it shall and may be lawful to and for the said 0overnor and Company and their successors from time to time to assemble themselves for or about any the matters causes affairs or businesses of the said Trade in any place or places for the same convenient within our =ominions or elsewhere and there to hold Court for the said Company and the affairs thereof (nd that also it shall and may be lawful to and for them and the *reater part of them bein* so assembled and that shall then and there be present in any such place or places whereof the 0overnor or his =eputy for the time bein* to be one to ma,e ordain and constitute such and so many reasonable $aws Constitutions -rders and -rdinances as to them or the *reater
part of them bein* then and there present shall seem necessary and convenient for the *ood 0overnment of the said Company and of all 0overnors of Colonies ;ortes and %lantations ;actors 9asters 9ariners and other -fficers employed or to be employed in any of the Territories and $ands aforesaid and in any of their 3oya*es and for the better advancement and continuance of the said Trade or Traffic and %lantations and the same $aws Constitutions -rders and -rdinances so made to put in use and e5ecute accordin*ly and at their pleasure to revo,e and alter the same or any of them as the occasion shall require (nd that the said 0overnor and Company so often as they shall ma,e ordain or establish any such $aws Constitutions -rders and -rdinances in such form as aforesaid shall and may lawfully impose ordain limit and provide such pains penalties and punishments upon all -ffenders contrary to such $aws Constitutions -rders and -rdinances or any of them as to the said 0overnor and Company for the time bein* or the *reater part of them then and there bein* present the said 0overnor or his =eputy bein* always one shall seem necessary requisite or convenient for the observation of the same $aws Constitutions -rders and -rdinances (nd the same ;ines and (merciaments shall and may by their -fficers and Servants from time to time to be appointed for that purpose levy ta,e and have to the
use of the said 0overnor and Company and their successors without the impediment of us our heirs or successors or of any the -fficers or 9inisters of us our heirs or successors and without any account therefore to us our heirs or successors to be made (ll and sin*ular which $aws Constitutions -rders and -rdinances so as aforesaid to be made W+ WI$$ to be duly observed and ,ept under the pains and penalties therein to be contained so always as the said $aws Constitutions -rders and -rdinances ;ines and (merciaments be reasonable and not contrary or repu*nant but as near as may be a*reeable to the $aws Statutes or of this our /ealm. (= ;/TH+/9-/+ of our ample and abundant *race certain ,nowled*e and mere motion W+ H(3+ *ranted and by these presents for us our heirs and successors do *rant unto the said 0overnor and Company and their Successors That they and their Successors and their ;actors Servants and (*ents for them and on their behalf and not otherwise shall for ever hereafter have use and en8oy not only the whole +ntire and only Trade and Traffic and the whole entire and only liberty use and privile*e of tradin* and Traffic,in* to and from the Territory $imits and places aforesaid but also the whole and entire Trade and Traffic to and from all Havens Bays Cree,s /ivers $a,es and Seas into which they shall find
entrance or passa*e by water or $and out of the Territories $imits or places aforesaid and to and with all the atives and %eople Inhabitin* or which shall inhabit within the Territories $imits and places aforesaid and to and with all other ations Inhabitin* any of the Coasts ad8acent to the said Territories $imits and places which are not already possessed as aforesaid or whereof the sole liberty or privile*e of Trade and Traffic is not *ranted to any other of our Sub8ects (= W+ of our further /oyal favour (nd of our more especial *race certain ,nowled*e and mere 9otion H(3+ *ranted and by these presents for us our heirs and Successors =- *rant to the said 0overnor and Company and to their Successors That neither the said Territories $imits and places hereby 0ranted as aforesaid nor any part thereof nor the islands Havens %orts Cities Towns or places thereof or therein contained shall be visited frequented or haunted by any of the Sub8ects of us our heirs or successors contrary to the true meanin* of these presents and by virtue of our %rero*ative /oyal which We will not have in that behalf ar*ued or brou*ht into Muestion W+ ST/(I0HT$ Char*e Command and prohibit for us our heirs and Successors all the of us our heirs and Successors of what de*ree or Muality soever they be that none of them directly or indirectly do visit haunt frequent or Trade Traffic or (dventure by way of 9erchandise
into or from any the said Territories $imits or %laces hereby *ranted or any or either of them other then the said 0overnor and Company and such particular persons as now be or hereafter shall be of that Company their (*ents ;actors and (ssi*nees unless it be by the $icense and a*reement of the said 0overnor and Company in writin* first had and obtained under their Common Seal to be *ranted upon pain that every such person or persons that shall Trade or Traffic into or from any the Countries Territories or $imits aforesaid other then the said 0overnor and Company and their Successors shall incur our Indi*nation and the forfeiture and the loose of the 0oods 9erchandises and other thin*s whatsoever which so shall be brou*ht into this /ealm of +n*land or any the =ominions of the same contrary to our said %rohibition or the purport or true meanin* of these presents for which the said 0overnor and Company shall finned ta,e and sei6e in other places out of our =ominions where the said Company their (*ents ;actors or 9inisters shall Trade Traffic inhabit by virtue of these our $etters %atent (s also the Ship and Ships with the ;urniture thereof wherein such *oods 9erchandises and other thin*s shall be brou*ht or found the one half of all the said ;orfeitures to be to us our heirs and successors and the other half thereof W+ =- by these %resents clearly and wholly for us our heirs and Successors 0ive and 0rant unto the said 0overnor and Company and
their
Successors
(= ;/TH+/ all and every the said -ffenders for their said contempt to suffer such other punishment as to us our heirs or Successors for so hi*h a contempt shall seem meet and convenient and not to be in any wise delivered until they and every of them shall become bound unto the said 0overnor for the time bein* in the sum of one thousand %ounds at the least at no time then after to Trade or Traffic into any of the said places Seas Straits Bays %orts Havens or Territories aforesaid contrary to our +5press Commandment in the behalf herein set down and published (= ;/TH+/ of our more especial *race W+ H(3+ condescended and *ranted (nd by these presents for us our heirs and Successors do *rant unto the said 0overnor and Company and their successors That We our heirs and Successors will not 0rant liberty license or power to any person or persons whatsoever contrary to the tenor of these our $etters %atent to Trade traffic or inhabit unto or upon any the Territories limits or places afore specified contrary to the true meanin* of these presents without the consent of the said 0overnor and Company or the most part of them (= of our more abundant *race and favour to the said 0overnor and Company W+ =- hereby declare
our will and pleasure to be that if it shall so happen that any of the persons free or to be free of the said Company of (dventurers of +n*land Tradin* into Hudson's Bay who shall before *oin* forth of any Ship or Ships appointed for ( 3-(0+ or otherwise promise or a*ree by Writin* under his or their hands to adventure any sum or Sums of money towards the furnishin* any provision or maintenance of any voya*e or voya*es set forth or to be set forth or intended or meant to be set forth by the said 0overnor and Company or the more part of them present at any %ublic (ssembly commonly called their 0eneral Court shall not within the Space of twenty =ays ne5t after Warnin* *iven to him or them by the said 0overnor or Company or their ,nown -fficer or 9inister brin* in and deliver to the Treasurer or Treasurers appointed for the Company such sums of money as shall have been e5pressed and set down in by the said %erson or %ersons subscribed with the name of the said (dventurer or (dventurers that then and at all Times after it shall and may be lawful to and for the said 0overnor and Company or the more part of them present WH+/+-; the said 0overnor or his =eputy to be one at any of their 0eneral Courts or 0eneral (ssemblies to remove and disfranchise him or them and every such person and persons at their wills and pleasures and he or they so removed and disfranchised not to be
permitted to trade into the Countries Territories $imits aforesaid or any part thereof nor to have any (dventure or Stoc, *oin* or remainin* with or amon*st the said Company without the special license of the said 0overnor and Company or the more part of them present at any 0eneral Court first had and obtained in that behalf (ny thin* before in these presents to the contrary thereof in any wise notwithstandin* (= -/ WI$$ (= %$+(S/+ is (nd hereby We do also ordain that it shall and may be lawful to and for the said 0overnor and Company or the *reater part of them whereof the 0overnor for the time bein* or his =eputy to be one to admit into and to be of the said Company all such Servants or ;actors of or for the said Company and all such others as to them or the most part of them present at any Court held for the said Company the 0overnor or his =eputy bein* one shall be thou*ht fit and a*reeable with the -rders and -rdinances made and to be made for the 0overnment of the said Company (= ;/TH+/ -ur will and pleasure is (nd by these presents for us our heirs and Successors W+ =*rant unto the said 0overnor and Company and to their Successors that it shall and may be lawful in all +lections and By$aws to be made by the 0eneral Court of the (dventurers of the said Company that every person shall have a
number of votes accordin* to his Stoc, that is to say for every hundred pounds by him subscribed or brou*ht into the present Stoc, one vote and that any of these that have Subscribed less than one hundred pounds may 8oin their respective sums to ma,e up one hundred pounds and have one vote 8ointly for the same and not otherwise (= ;/TH+/ of our especial *race certain ,nowled*e and mere motion W+ =- for us our heirs and successors *rant to and with the said 0overnor and Company of (dventurers of +n*land Tradin* into Hudson's Bay that all $ands Islands Territories %lantations ;orts ;ortifications ;actories or Colonies where the said Companies ;actories and Trade are or shall be within any the %orts and places afore limited shall be immediately and from henceforth under the power and command of the said 0overnor and Company their Successors and (ssi*nees S(3I0 the faith and (lle*iance due to be performed to us our heirs and successors as aforesaid and that the said 0overnor and Company shall have liberty full %ower and authority to appoint and establish 0overnors and all other -fficers to *overn them (nd that the 0overnor and his Council of the several and respective places where the said Company shall have %lantations ;orts ;actories Colonies or %laces of Trade within any of the Countries $ands or Territories hereby *ranted may have power to
8ud*e all persons belon*in* to the said 0overnor and Company or that shall live under them in all Causes whether Civil or Criminal accordin* to the $aws of this )in*dom and to e5ecute &ustice accordin*ly (nd in case any crime or misdemeanor shall be committed in any of the said Companies %lantations ;orts ;actories or %laces of Trade within the $imits aforesaid where &udicature cannot be e5ecuted for want of a 0overnor and Council there then in such case it shall and may be lawful for the chief ;actor of that place and his Council to the party to*ether with the offence to such other %lacation ;actory or ;ort where there shall be a 0overnor and Council where &ustice may be e5ecuted or into this )in*dom of +n*land as shall be thou*ht most convenient there to receive such punishment as the nature of his offence shall deserve (= 9-/+-3+/ -ur will and pleasure is (nd by these presents for us our heirs and Successors W+ =0I3+ and *rant unto the said 0overnor and Company and their Successors free $iberty and $icense in case they conceive it necessary to send either Ships of War 9en or (mmunition unto any their %lantations ;orts ;actories or %laces of Trade aforesaid for the security and defence of the same and to choose Commanders and -fficers over them and to *ive them power and authority by Commission under their Common Seal or otherwise to continue or ma,e peace or War with
any %rince or %eople whatsoever that are not Christians in any places where the said Company shall have any %lantations ;orts or ;actories or ad8acent thereunto as shall be most for the advanta*e and benefit of the said 0overnor and Company and of their Trade and also to ri*ht and recompense themselves upon the 0oods +states or people of those parts by whom the said 0overnor and Company shall sustain any in8ury loss or dama*e or upon any other %eople whatsoever that shall any way contrary to the intent of these presents interrupt wron* or in8ure them in their said Trade within the said places Territories and $imits *ranted by this Charter and that it shall and may be lawful to and for the said 0overnor and Company and their Successors from time to time and at all times from henceforth to +rect and build such Castles ;ortifications ;orts 0arrisons Colonies %lantations Towns or 3illa*es in any parts or places within the $imits and Bounds *ranted before in these presents unto the said 0overnor and Company as they in their =iscretions shall thin, fit and requisite and for the supply of such as shall be needful and convenient to ,eep and be in the same to send out of this )in*dom to the said Castles ;orts ;ortifications 0arrisons Colonies %lantations Towns or 3illa*es all of Clothin* %rovision of 3ictuals (mmunition and Implements necessary for such purpose payin* the =uties and Customs for the same (s also to
transport and carry over such number of 9en bein* willin* thereunto or not prohibited as they shall thin, fit and also to *overn them in such le*al and reasonable manner as the said 0overnor and Company shall thin, best and to inflict punishment for misdemeanors or impose such ;ines upon them for breach of their -rders as in these %resents are formerly e5pressed (= ;/TH+/ -ur will and pleasure is (nd by these presents for us our heirs and Successors W+ =*rant unto the said 0overnor and Company and to their Successors full %ower and lawful authority to sei6e upon the %ersons of all such +n*lish or any other of our Sub8ects which shall sail into Hudson's Bay or Inhabit in any of the Countries Islands or Territories hereby 0ranted to the said 0overnor and Company without their leave and $icence in that Behalf first had and obtained or that shall contemn or disobey their -rders and send them to +n*land and that all and every %erson and %ersons bein* our Sub8ects any ways +mployed by the said 0overnor and Company within any the %arts places and $imits aforesaid shall be liable unto and suffer such punishment for any -ffences by them committed in the %arts aforesaid as the %resident and Council for the said 0overnor and Company there shall thin, fit and the merit of the offence shall require as aforesaid. (nd in case any %erson or %ersons bein* convicted and
Sentenced by the %resident and Council of the said 0overnor and Company in the Countries $ands or $imits aforesaid their ;actors or (*ents there for any -ffence by them done shall appeal from the same That then and in such Case it shall and may be lawful to and for the said %resident and Council ;actors or (*ents to sei6e upon him or them and to carry him or them home %risoners into +n*land to the said 0overnor and Company there to receive such condi*n punishment as his Cause shall require and the $aw of this ation allow of and for the better discovery of abuses and in8uries to be done unto the said 0overnor and Company or their Successors by any Servant by them to be employed in the said 3oya*es and %lantations it shall and may be lawful to and for the said 0overnor and Company and their respective %residents Chief (*ent or 0overnor in the parts aforesaid to e5amine upon -ath all ;actors 9asters %ursers Supra Car*oes Commanders of Castles ;orts ;ortifications %lantations or Colonies or other %ersons touchin* or concernin* any matter or thin* in which by $aw or usa*e an -ath may be administered so as the said -ath and the matter therein contained be not repu*nant but a*reeable to the $aws of this /ealm (= W+ =- hereby strai*htly char*e and Command all and sin*ular our (dmirals 3ice(dmirals &ustices 9ayors Sheriffs Constables Bailiffs and all and sin*ular other
our -fficers 9inisters $ie*e 9en and Sub8ects whatsoever to be aidin* favourin* helpin* and assistin* to the said 0overnor and Company and to their Successors and to their =eputies -fficers ;actors Servants (ssi*nees and 9inisters and every of them in e5ecutin* and en8oyin* the premises as well on $and as on Sea from time to time when any of you shall thereunto be required ( ST(TT+ (ct -rdinance %roviso %roclamation or restraint heretofore had made set forth ordained or provided or any other matter cause or thin* whatsoever to the contrary in any wise notwithstandin* I WIT+SS WH+/+-; we have caused these our $etters to be made %atented WIT+SS -/S+$; at Westminster the second day of 9ay in the two and twentieth year of our /ei*n By Writ of %rivy Seal SourceK Statutes -rders in Council Pc relatin* to the Hudson's Bay Company 1$ondon !
( =eclaration of /i*hts made by the /epresentatives of the ;reeman of the State of orth Carolina.
!. That all political power is vested in and derived from the people only. F. That the people of this State ou*ht to have the sole and e5clusive ri*ht of re*ulatin* the internal *overnment and police thereof. 4. That no men or set of men are entitled to e5clusive or separate emoluments or privile*es from the community but in consideration of public services. E. That the le*islative e5ecutive and supreme 8udicial powers of *overnment ou*ht to be forever separate and distinct from each other. . That all powers of suspendin* laws or the e5ecution of laws by any authority without consent of the representatives of the people is in8urious to their ri*hts and ou*ht not to be e5ercised. #. That elections of members to serve as representatives in *eneral assembly ou*ht to be free. G. That in all criminal prosecutions every man has a ri*ht to be informed of the accusation a*ainst him and to confront the accusers and witnesses with other testimony and shall not be compelled to *ive evidence a*ainst himself. ". That no freeman shall be put to answer any criminal char*e but by
indictment presentment impeachment.
or
<. That no freeman shall be convicted of any crime but by the unanimous verdict of a 8ury of *ood and lawful men in open court as heretofore used. !. That e5cessive bail should not be required nor e5cessive fines imposed nor cruel nor unusual punishments inflicted. !!. That *eneral warrants whereby any officer or messen*er may be commanded to search suspected places without evidence of the fact committed or to sei6e any person or persons not named whose offenses are not particularly described and supported by evidence are dan*erous to liberty and ou*ht not to be *ranted. !F. That no freeman ou*ht to be ta,en imprisoned or dissei6ed of his freehold liberties or privile*es or outlawed or e5iled or in any manner destroyed or deprived of his life liberty or property but by the law of the land. !4. That every freeman restrained of his liberty is entitled to a remedy to inquire in to the lawfulness thereof and to remove the same if unlawfulJ and that such remedy ou*ht not to be denied or delayed. !E. That in all controversies at law respectin* property the ancient mode of trial by 8ury is one of the
best securities of the ri*hts of the people and ou*ht to remain sacred and inviolable. !. That the freedom of the press is one of the *reat bulwar,s of libertyJ and therefore ou*ht never to be restrained. !#. That the people of this State ou*ht not to be ta5ed or made sub8ect to the payment of any impost or duty without the consent of themselves or their representatives in the *eneral assembly freely *iven. !G. That the people have a ri*ht to bear arms for the defense of the StateJ and as standin* armies in time of peace are dan*erous to liberty they ou*ht not to be ,ept upJ and that the military should be ,ept under strict subordination to and *overned by the civil power. !". That the people have a ri*ht to assemble to*ether to consult for the common *ood to instruct their representatives and to apply to the le*islature for redress of *rievances. !<. That all men have a natural and unalienable ri*ht to worship (lmi*hty 0od accordin* to the dictates of their own conscience. F. That for redress of *rievances and for amendin* and stren*thenin* the laws elections ou*ht to be often held.
F!. That a frequent recurrence to fundamental principles is absolutely necessary to preserve the blessin*s of liberty. FF. That no hereditary emoluments privile*es or honors ou*ht to be *ranted or conferred in this State. F4. That perpetuities and monopolies are contrary to the *enius of a free State and ou*ht not to be allowed. FE. That retrospective laws punishin* acts committed before the e5istence of such laws and by them only declared criminal are oppressive un8ust and incompatible with libertyJ wherefore no e5 post facto law ou*ht to be made. F. The property of the soil in a free *overnment bein* one of the essential ri*hts of the collective body of the people it is necessary in order to avoid future disputes that the limits of the State should be ascertained with precisionK and as the former temporary line between orth and South Carolina was confirmed and e5tended by commissioners appointed by the le*islatures of the two States a*reeable to the order of the late )in* 0eor*e II in council that line and that only should be esteemed the southern boundary of this StateJ that is to say be*innin* on the seaside at a cedar sta,e at or near the mouth of $ittle /iver 1bein* the southern e5tremity of Brunswic,
County2 and runnin* from thence a northwest course throu*h the boundaryhouse which stands in thirtythree de*rees fiftysi5 minutes to a thirtyfive de*rees north latitudeJ and from thence a west course so far as is mentioned in the charter of )in* Charles II to the late proprietors of Carolina. Therefore all the territory seas waters and harbors with their appurtenances lyin* between the line above described and the southern line of the State of 3ir*inia which be*ins on the seashore in thirtysi5 de*rees thirty minutes north latitude and from thence runs west a*reeable to the said charter of )in* Charles are the ri*ht and property of the people of this State to be held by them in soverei*ntyK any partial line without the consent of the le*islature of this State at any time thereafter directed or laid out in any wise notwithstandin*K provided always that this declaration of ri*ht shall not pre8udice any nation or nations of Indians from en8oyin* such huntin* *rounds as may have been or hereafter shall be secured to them by any former or future le*islature of this StateK (nd provided also that it shall not be construed so as to prevent the establishment of one or more *overnments westward of this State by consent of the le*islatureK (nd provided further that nothin* herein contained shall affect the titles or possessions of individuals holdin* or claimin* under the laws heretofore in force or *rants
heretofore made by the late )in* 0eor*e II or his predecessors or the late lords proprietors or any of them.
within the said colonies hath ceased and a total dissolution of *overnment in many of them hath ta,en placeK
THE C!'STITUTI!'
(nd whereas the continental con*ress havin* considered the premises and other previous violations of the ri*hts of the *ood people of (merica have therefore declared that the thirteen united colonies are of ri*ht wholly absolved from all alle*iance to the British crown or any other forei*n 8urisdiction whatsoeverJ and that the said colonies now are and forever shall be free and independent states. Wherefore in our present State in order to prevent anarchy and confusion it becomes necessary that *overnment should be established in this StateJ therefore we the representatives of the freemen of orth Carolina chosen and assembled in con*ress for the e5press purpose of framin* a constitution under the authority of the people most conducive to their happiness and prosperity do declare that a *overnment for this State shall be established in manner and form followin* to witK
The Constitution or form of 0overnment a*reed to and /esolved upon by the /epresentatives of the freemen of the State of orth Carolina elected and chosen for that particular purpose in Con*ress assembled at Halifa5 the ei*hteenth day of =ecember in the year of our $ord one thousand seven hundred and seventysi5. Whereas alle*iance and protection are in their nature reciprocal and the one should of ri*ht be refused when the other is withdrawnJ (nd whereas 0eor*e the Third ,in* of 0reat Britain and late soverei*n of the British (merican colonies hath not only withdrawn from them his protection but by an act of the British le*islature declared the inhabitants of these States out of the protection of the British crown and all their property found upon the hi*hseas liable to be sei6ed and confiscated to the uses mentioned in the said actJ and the said 0eor*e the Third has also sent fleets and armies to prosecute a cruel war a*ainst them for the purpose of reducin* the inhabitants of the said colonies to a state of ob8ect slaveryJ in consequence whereof all *overnment under the said ,in*
!. That the le*islative authority shall be vested in two distinct branches both dependent on the people to wit a senate and house of commons. F. That the senate shall be composed of representatives annually chosen by ballot one for each county in the State.
4. That the house of commons shall be composed of representatives annually chosen by ballot two for each county and one for each of the towns of +denton ew Bern Wilmin*ton Salisbury Hillsborou*h and Halifa5. E. That the senate and house of commons assembled for the purpose of le*islation shall be denominated the *eneral assembly. . That each member of the senate shall have usually resided in the county in which he is chosen for one year immediately preceedin* his election and for the same time shall have possessed and continue to possess in the county which he represents not less than three hundred acres of land in fee.
ne5t before and at the day of election shall be entitled to vote for a member of the senate. ". That all freemen of the a*e of twentyone years who have been inhabitants of any one county within the State twelve months immediately precedin* the day of any election and shall have paid public ta5es shall be entitled to vote for members of the ho use of commons for the county in which he resides.
#. That each member of the house of commons shall have usually resided in the county in which he is chosen for one year immediately precedin* his election and for si5 months shall have possessed and continue to possess in the county which he represents not less than one hundred acres of land in fee or for the term of his own life.
<. That all persons possessed of a freehold in any town in this State havin* a ri*ht of representation and also all freemen who have been inhabitants of any such town twelve months ne5t before and at the day of election and shall have paid public ta5es shall be entitled to vote for a member to represent such town in the house of commonsK provided always that this section shall not entitle any inhabitant of such town to vote for members of the house of commons for the county in which he may reside K nor any freeholder in such county who resides without or beyond the limits of such town to vote for a member of the said town.
G. That all freemen of the a*e of twentyone years who have been inhabitants of any one county within the State twelve months immediately precedin* the day of any election and possessed of a freehold within the same county of fifty acres of land for si5 months
!. That the senate and house of commons when met shall each have power to choose a spea,er and their other officersJ be 8ud*es of the qualifications and elections of their membersJ sit upon their own ad8ournments from day to dayJ and prepare bills to be passed into laws.
The two houses shall direct writs of election for supplyin* intermediate vacanciesK and shall also 8ointly by ballot ad8ourn themselves to any future day and place. !!. That all bills shall be read three times in each house before they pass into laws and be si*ned by the spea,ers of both houses. !F. That every person who shall be chosen a member of the senate or house of commons or appointed to any office or place of trust before ta,in* his seat or enterin* upon the e5ecution of his office shall ta,e an oath to the StateK and all officers sh all ta,e an oath of office. !4. That the *eneral assembly shall by 8oint ballot of both houses appoint 8ud*es of the supreme courts of law and equity 8ud*es of admiralty and attorney*eneral who shall be commissioned by the *overnor and hold their offices durin* *ood behavior. !E. That the senate and house of commons shall have power to appoint the *enerals and field officers of the militia and all officers of the re*ular army of this State. !. That the senate and house of commons 8ointly at their first meetin* after each annual election shall by ballot elect a *overnor for one year who shall not be eli*ible to that office lon*er than three years in si5 successive yearsJ that no person under thirty years of a*e and
who has not been a resident in this State above five years and havin* in the State a freehold in lands and tenements above the value of one thousand pounds shall be eli*ible as a *overnor. !#. That the senate and house of commons 8ointly at their first meetin* after each annual election shall by ballot elect seven persons to be a council of state for one yearJ who shall advise the *overnor in the e5ecution of his officeJ and that four members shall be a quorumJ their advice and proceedin*s shall be entered in a 8ournal to be ,ept for that purpose only and si*ned by the members presentJ to any part of which any member present may enter his dissent. (nd such 8ournal shall be laid before the *eneral assembly when called for by them. !G. That there shall be a seal of this State which shall be ,ept by the *overnor and used by him as occasion may requireJ and shall be called the *reat seal of the State of orth Carolina and shall be affi5ed to all *rants and commissions. !". The *overnor for the time bein* shall be captain*eneral and commanderinchief of the militiaJ and in the recess of the *eneral assembly shall have power by and with the advice of the council of state to embody the militia for the public safety. !<. The *overnor for the time bein* shall have power to draw for and
apply such sums of money as shall be voted by the *eneral assembly for the contin*encies of *overnment and be accountable to them for the same. He also may by and with the advice of the council of state lay embar*oes or prohibit the e5portation of any commodity for any term not e5ceedin* thirty days at any one time in the recess of the *eneral assemblyJ and shall have the power of *rantin* pardons and reprieves e5cept where the prosecution shall be carried on by the *eneral assembly or the law shall otherwise directJ in which case he may in the recess *rant a reprieve until the ne5t sittin* of the *eneral assemblyJ and he may e5ercise all the other e5ecutive powers of *overnment limited and restrained as by this constitution is mentioned and accordin* to the laws of the State. (nd on his death inability or absence from the State the spea,er of the senate for the time bein* and in case of his death inability or absence from the State the spea,er of the house of commons shall e5ercise the powers of *overnment after such death or durin* such absence or inability of the *overnor or spea,er of the senate or until a new nomination is made by the *eneral assembly. F. That in every case where any officer the ri*ht of whose appointment is by this constitution vested in the *eneral assembly shall durin* their recess die or his office by other means become vacant the *overnor shall have
power with the advice of the council of State to fill up such vacancy by *rantin* a temporary commission which shall e5pire at the end of the ne5t session of the *eneral assembly. F!. That the *overnor 8ud*es of the supreme court of law and equity 8ud*es of admiralty and attorney *eneral shall have adequate salaries durin* their continuance in office. FF. That the *eneral assembly shall by 8oint ballot of both houses annually appoint a treasurer or treasurers for this State. F4. That the *overnor and other officers offendin* a*ainst the State by violatin* any part of this constitution maladministration or corruption may be prosecuted on the impeachment of the *eneral assembly or presentment of the *rand 8ury of any court of supreme 8urisdiction in this State. FE. That the *eneral assembly shall by 8oint ballot of both houses triennially appoint a secretary for this State. F. That no persons who heretofore have been or hereafter may be receivers of public moneys shall have a seat in either house of *eneral assembly or be eli*ible to any office in this State until such person shall have fully accounted for and paid in to the treasury all sums for which they may be
accountable
and
liable.
F#. That no treasurer shall have a seat either in the senate house of commons or council of state durin* 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 e5piration of his office belon*in* to the State and hath paid the same into the hands of the succeedin* treasurer. FG. That no officer in the re*ular army or navy in the service and pay of the nited States of this State or any other State nor any contractor or a*ent for supplyin* such army or navy with clothin* or provisions shall have a seat either in the senate house of commons or council of state or be eli*ible theretoJ and any member of the senate house of commons or council of state bein* appointed to and acceptin* of such office shall thereby vacate his seat. F". That no member of the council of state shall have a seat either in the senate or house of commons. F<. That no 8ud*e of the supreme court of law or equity or 8ud*e of admiralty shall have a seat in the senate house of commons or council of state. 4. That no secretary of this State attorney*eneral or cler, of any court of record shall have a seat in the senate house of commons or
council
of
state.
4!. That no cler*yman or preacher of the *ospel of any denomination shall be capable of bein* a member of either the senate house of commons or council of state while he continues in the e5ercise of his pastoral function. 4F. That no person who shall deny the bein* of 0od or the truth of the %rotestant reli*ion or the divine authority of either the -ld or ew Testaments or who shall hold reli*ious principles incompatible with the freedom and safety of the State shall b e capable of holdin* any office or place of trust or profit in the civil department within this State. 44. That the 8ustices of the peace within their respective counties in this State shall in future be recommended to the *overnor for the time bein* by the representatives in *eneral assemblyJ and the *overnor shall commission them accordin*lyJ and the 8ustices when so commissioned shall hold their offices durin* *ood behaviour and shall not be removed from office by the *eneral assembly unless for misbehaviour absence or inability. 4E. That there shall be no establishment of any one reli*ious church or denomination in this State in preference to any otherJ neither shall any person on any pretense whatsoever be compelled to attend any place of worship
contrary to his own faith or 8ud*ement nor be obli*ed to pay for the purchase of any *lebe or the buildin* of any house of worship or for the maintenance of any minister or ministry contrary to what he believes ri*ht or has voluntarily and personally en*a*ed to performJ but all persons shall be at liberty to e5ercise their own mode of worshipK %rovided that nothin* herein contained shall be construed to e5empt preachers of treasonable or seditious discourses from le*al trial and punishment. 4. That no person in the State shall hold more than one lucrative office at any one timeK %rovided that no appointment in the militia or the office of a 8ustice of the peace shall be considered as a lucrative office. 4#. That all commissions and *rants shall run in the name of the State of orth Carolina and bear test and be si*ned by the 0overnor. (ll writs shall run in the same manner and bear test and be si*ned by the cler,s of the respective courts. Indictments shall conclude a*ainst the peace and di*nity of the State. 4G. That the dele*ates for this State to the continental con*ress while necessary shall be chosen annually by the *eneral assembly by ballotJ but may be superseded in the mean time in the same mannerJ and no person shall be elected to serve in that capacity for more than three years successively.
4". That there shall be a sheriff coroner or coroners and constables in each county within this State. 4<. That the person of a debtor where there is not a stron* presumption of fraud shall not be continued in prison after deliverin* up bona fide all his estate real and personal for the use of his creditors in such manner as shall hereafter be re*ulated by law. (ll prisoners shall be bailable by sufficient sureties unless for capital offenses when the proof is evident or the presumption *reat. E. That every forei*ner who comes to settle in this StateJ havin* first ta,en an oath of alle*iance to the same may purchase or by other 8ust means acquire hold and transfer land or other real estate and after one year's residence be deemed a free citi6en. E!. That a school or schools shall be established by the le*islature for the convenient instruction of youth with such salaries to the masters paid by the public as may enable them to instruct at low pricesJ and all usefull learnin* shall be duly encoura*ed and promoted in one or more universities. EF. That no purchase of lands shall be made of the Indian natives but on behalf of the public by authority of the *eneral assembly.
E4. That the future le*islature of this State shall re*ulate entails in such a manner as to prevent perpetuities. EE. That the declaration of ri*hts is hereby declared to be part of the constitution of this State and ou*ht never to be violated on any pretence whatsoever. E. That any member of either house of *eneral assembly shall have liberty to dissent from and protest a*ainst any act or resolve which he may thin, in8urious to the public or any individual and have the reasons of his dissent entered on the 8ournals. E#. That neither house of the *eneral assembly shall proceed upon public business unless a ma8ority of all the members of such house are actually presentJ and that upon a motion made and seconded the yeas and nays upon any question shall be ta,en and entered on the 8ournalsK and that the 8ournals of the proceedin*s of both houses of the *eneral assembly shall be printed and made public immediately after their ad8ournment. This constitution is not intended to preclude the present con*ress from ma,in* a temporary provision for the well orderin* of this State until the *eneral assembly shall establish *overnment a*reeable to the mode herein before described. /ICH(/= C(SW+$$ %resident.
=ecember the ei*hteenth one thousand seven hundred and seventysi5 read the third time and ratified in open con*ress. ;ootnote D! THE C!'STITUTI!' 8rea1*le
We the people of the State of 'orth Carolina *rateful to (lmi*hty 0od the Soverei*n /uler of ations for the preservation of the (merican nion and the e5istence of our civil political and reli*ious liberties and ac,nowled*ein* our dependence upon Him for the continuance of those blessin*s to us and our posterity do for the more certain security thereof and for the better *overnment of this State ordain and establish this Constitution. (rticle I. =eclaration of /i*hts. That the *reat *eneral and essential principles of liberty and free *overnment may be reco*ni6ed and established and that the relations of this State to the nion and *overnment of the nited States and those of the people of this State to the rest of the (merican people may be defined and affirmed we do declareJ S+CTI- !. That we hold it to be selfevident that all men are created
equalJ that they are endowed by their Creator with certain unalienable ri*htsJ that amon* these are life liberty the en8oyment of the fruits of their own labor and the pursuit of happiness. S+C. F. That all political power is vested in and derived from the peopleJ all *overnment of ri*ht ori*inates from the people is founded upon their will only and is instituted solely for the *ood of the whole. S+C. 4. That the people of this State have the inherent sole and e5clusive ri*ht of re*ulatin* the internal *overnment and police thereof and of alterin* and abolishin* their Constitution and form of *overnment whenever it may be necessary to their safety and happinessJ but every such ri*ht should be e5ercised in pursurance of law and consistently with the Constitution of the nited States. S+C. E. That this State shall ever remain a member of the (merican nion that the people thereof are part of the (merican nationJ that there is no ri*ht on the part of this State to secede and that all attempts from whatever source or upon whatever prete5t to dissolve said nion or to sever said nation ou*ht to be resisted with the whole power of the State. S+C. . That every citi6en of this State owes paramount alle*iance to the Constitution and 0overnment of
the nited States and that no law or ordinance of the State in contravention or subversion thereof can have any bindin* force. S+C. #. To maintain the honor and *ood faith of the State untarnished the public debt re*ularly contracted before and sincethe rebellion shall be re*arded as inviolable and never be questionedJ but the State shall never assume or pay or authori6e the collection of any debt or obli*ation e5press or implied incurred in aid of insurrection or rebellion a*ainst the nited States or any claim for the loss or emancipation of any slave. S+C. G. o man or set of men are entitled to e5clusive or separate emoluments or privile*es from the community but in consideration of public services. S+C. ". The le*islative e5ecutive and supreme 8udicial powers of the *overnment ou*ht to be forever separate and distinct from each other. S+C. <. (ll power of suspendin* laws or the e5ecution of laws by any authority without the consent of the representatives of the people is in8urious to their ri*hts and ou*ht not to be e5ercised. S+C. !. (ll elections ou*ht to be free. S+C. !!. In all criminal prosecutions every man has the ri*ht to be
informed of the accusation a*ainst him and to confront the accusers and witnesses with other testimony and to have counsel for his defence and not be compelled to *ive evidence a*ainst himself or to pay costs 8ail fees or necessary witness fees of the defence unless found *uilty. S+C. !F. o person shall be put to answer any criminal char*e e5cept as hereinafter allowed but by indictment presentment or impeachment. S+C. !4. o person shall be convicted of any crime but by the unanimous verdict of a 8ury of *ood and lawful men in open court. The le*islature may however provide other means of trial for petty misdemeanors with the ri*ht of appeal. S+C. !E. +5cessive bail should not be required nor e5cessive fines imposed nor cruel or unusual punishments inflicted. S+C. !. 0eneral warrants whereby any officer or messen*er may be commanded to search suspected places without evidence of the act committed or to sei6e any person or persons not named whose offence is not particularly described and supported by evidence are dan*erous to liberty and ou*ht not to be *ranted. S+C.
!#.
There
shall
be
no
imprisonment for debt in this State e5cept in cases of fraud. S+C. !G. o person ou*ht to be ta,en imprisoned or dissei6ed of his freehold liberties or privile*es or outlawed or e5iled or in any manner deprived of his life liberty or property but by the law of the land. S+C. !". +very person restrained of his liberty is entitled to a remedy to enquire in to the lawfulness thereof and to remove the same if unlawful and such remedy ou*ht not to be denied or delayed. S+C. !<. In all controversies at law respectin* property the ancient mode of trial by 8ury is one of the best securities of the ri*hts of the people and ou*ht to remain sacred and inviolable. S+C. F. The freedom of the press is one of the *reat bulwar,s of liberty and there Y fore ou*ht never to be restrained but every individual shall be held responsible for the abuse of the same. S+C. F!. The privile*e of the writ of habeas corpus shall not be suspended. S+C. FF. (s political ri*hts and privile*es are not dependent upon or modified by property therefore no property qualification ou*ht to affect the ri*ht to vote or hold office.
S+C. F4. The people of this State ou*ht not to be ta5ed or made sub8ect to the payment of any impost or duty without the consent of themselves or their representatives in 0eneral (ssembly freely *iven. S+C. FE. ( well re*ulated militia bein* necessary to the security of a free State the ri*ht of the people to ,eep and bear arms shall not be infrin*edJ and as standin* armies in time of peace are dan*erous to liberty they ou*ht not to be ,ept up and the military should be ,ept under strict subordination to and *overned by the civil power. S+C. F. The people have a ri*ht to assemble to*ether to consult for their common *ood to instruct their representatives and to apply to the $e*islature for redress of *rievances. S+C. F#. (ll men have a natural and unalienable ri*ht to worship (lmi*hty 0od accordin* to the dictates of their own consciences and no human authority should in any case whatever control or interfere with the ri*hts of conscience. S+C. FG. The people have a ri*ht to the privile*e of education and it is the duty of the State to *uard and maintain that ri*ht. S+C. F". ;or redress of *rievances and for amendin* and stren*thenin*
the laws elections should be often held. S+C. F<. ( frequent recurrence to fundamental principles is absolutely necessary to preserve the blessin*s of liberty. S+C. 4. o hereditary emoluments privili*es or honors ou*ht to be *ranted or conferred in this State. S+C. 4!. %erpetuities and monopolies are contrary to the *enius of a free State and ou*ht not to be allowed. S+C. 4F. /etrospective laws punishin* acts committed before the e5istence of such laws and by them only declared criminal are oppressive un8ust and incompatible with liberty wherefore no e5 post facto law ou*ht to be made. o law ta5in* retrospectively sales purchases or other acts previously done ou*ht to be passed. S+C. 44. Slavery and involuntary servitude otherwise than for crime whereof the parties shall have been duly convicted shall be and are hereby forever prohibited within this State. S+C. 4E. The limits and boundaries of the State shall be and remain as they now are. S+C. 4. (ll courts shall be open and every person for an in8ury done him in his lands *oods person or reputation shall have remedy by
due course of law and ri*ht and 8ustice administered without sale denial or delay. S+C. 4#. o soldier shall in time of peace be quartered in any house without the consent of the ownerJ nor in time of war but in a manner prescribed by law. S+C. 4G. This enumeration of ri*hts shall not be construed to impair or deny others retained by the peopleJ and all powers not herein dele*ated remain with the people. rticle II. Legislati4e De7art1ent.
S+CTI- !. The $e*islative authority shall be vested in two distinct branches both dependent on the people to witK a Senate and House of /epresentatives. S+C. F. The Senate and House of /epresentatives shall meet annually on the third 9onday in ovember and when assembled shall be denominated the 0eneral (ssembly. either House shall proceed upon public business unless a ma8ority of all the members are actually present. S+C. 4. The Senate shall be composed of fifty Senators biennially chosen by ballot. S+C. E. ntil the first session of the 0eneral (ssembly which shall be had after the year ei*hteen hundred
and seventy one the Senate shall be composed of members elected from districts constituted as followsK !st =istrict%erquimans %asquotan, Chowan Currituc, 0ates and Camden shall elect two Senators. Fnd =istrict9artin Washin*ton and Tyrrell shall elect one Senator. 4rd =istrictBeaufort and Hyde shall elect one Senator. Eth =istrictorthampton shall elect one Senator. th =istrictBertie and Hertford shall elect one Senator. #th =istrictHalifa5 shall elect one Senator. Gth =istrict+d*ecombe shall elect one Senator. "th =istrict%itt shall elect one Senator.
|
shall elect two Senators. Fth =istrictWarren shall elect one Senator. F!st =istrict0ranville and %erson shall elect two Senators. FFnd =istrict-ran*e shall elect one Senator. F4rd =istrictChatham shall elect one Senator. FEth =istrictCaswell shall elect one Senator. Fth =istrict/oc,in*ham shall elect one Senator. F#th =istrict(lamance and 0uilford shall elect two Senators. FGth =istrict/andolph and 9ont*omery shall elect one Senator. F"th =istrict9oore and /ichmond shall elect one Senator. F
|
and Transylvania shall elect one Senator. E!st =istrictBur,e Caldwell and Watau*a shall elect one Senator. EFnd =istrict9adison 9itchell 9c=owell and ancey shall elect one Senator. E4rd =istrictClay Chero,ee Haywood &ac,son and 9acon shall elect one Senator. S+C. . (n enumeration of the inhabitants of the State shall be ta,en under the direction of the 0eneral (ssembly in the year one thousand ei*ht hundred and seventy five and at the end of every ten years thereafterJ and the said Senate districts shall b e so altered by the 0eneral (ssembly at the first session after the return of every enumeration ta,en as aforesaid or by order of Con*ress that each Senate district shall contain as nearly as may be an equal number of inhabitants e5cludin* aliens and Indians not ta5ed and shall remain unaltered until the return of another enumeration and shall at all times consist of conti*uous territoryJ and no county shall be divided in the formation of a Senate district unless such county shall be equitably entitled to two or more Senators. S+C. #. The House of /epresentatives shall be composed of one hundred and twenty /epresentatives biennially chosen by ballot to be elected by the counties respectively accordin* to their population and each county shall have at least one
/epresentative in the House of /epresentatives althou*h it may not contain the requisite ratio of representation. This apportionment shall be made by the 0eneral (ssembly at the respective times and periods when the districts for the Senate are hereinbefore directed to be laid off. S+C. G. In ma,in* the apportionment in the House of /epresentatives the ratio of representation should be ascertained by dividin* the amount of the population of the State e5clusive of that comprehended within those counties which do not severally contain the one hundred and twentieth part of the population of the State by the number of /epresentatives less the number assi*ned to such countiesJ and in ascertainin* the number of the population of the State aliens and Indians not ta5ed shall not be included. To each county containin* the said ratio and not twice the said ratio there shall be assi*ned one representativeJ to each county containin* twice but not three times the said ratio there shall be assi*ned two representatives and so on pro*ressively and then t he remainin* representatives shall be assi*ned severally to the counties havin* the lar*est fractions. S+C. ". ntil the 0eneral (ssembly shall have made the apportionment as herein before provided the House of /epresentatives shall be composed of members elected from
the counties in the followin* manner to witJ The county of Wa,e shall elect four membersJ the counties of Craven 0ranville Halifa5 and ew Hanover shall elect three members eachJ the counties of Caswell Chatham Cumberland =avidson =uplin +d*ecombe ;ran,lin 0uilford Iredell &ohnston 9ec,lenbur* orthampton -ran*e %itt /andolph /obeson /oc,in*ham /owan Warren and Wayne shall elect two members eachJ the counties of (lamance (le5ander (lle*hany (nson (she Beaufort Bertie Bladen Brunswic, Buncombe Bur,e Cabarrus Caldwell Camden Carteret Catawba Chero,ee Chowan Clay Cleveland Columbus Currituc, =avie ;orsooth 0aston 0ates 0reene Harnett Henderson Haywood Hertford Hyde &ac,son &ones $enoir $incoln 9acon 9adison 9artin 9c=owell 9itchell 9ont*omery 9oore ash -nslow %asquotan, %erquimans %erson %ol, /ichmond /utherford Sampson Stanly Sto,es Surry Transylvania Tyrrell nion Washin*ton Watau*a Wil,es Wilson ad,in and ancy shall elect one member each. S+C. <. +ach member of the Senate shall be not less than twentyfive years of a*e shall have resided in the State as a citi6en two years and shall have usually resided in the district for which he is chosen one
year immediately precedin* his election. S+C. !. +ach member of the House of /epresentatives shall be a qualified elector of the State and shall have resided in the county for which he is chosen for one year immediately precedin* his election. S+C. !!. In the election of all officers whose appointment shall be conferred upon the 0eneral (ssembly by the Constitution the vote shall be viva voce. S+C. !F. The 0eneral (ssembly shall have power to pass *eneral laws re*ulatin* divorce and alimony but shall not have power to *rant a divorce or secure (limony in any individual case. S+C. !4. The 0eneral (ssembly shall not have power to pass any private law to alter the name of any person or to le*itimate any person not born in lawful wedloc, or to restore the ri*hts of citi6enship any person convicted of an infamous crime but shall have power to pass *eneral laws re*ulatin* the same. S+C. !E. The 0eneral (ssembly shall not pass any private law unless it shall be made to appear that thirty day's notice of application to pass such law shall have been *iven under such direction and in such manner as shall be provided by law. S+C. !. If vacancies shall occur in
the 0eneral (ssembly by death resi*nation or otherwise writs of election shall be issued by the 0overnor under such re*ulations as may be prescribed by law. S+C. !#. o law shall be passed to raise money on the credit of the State or to pled*e the faith of the State directly or indirectly for the payment of any debt or to impose any ta5 upon the people of the State or to allow the counties cities or towns to do so unless the bill for the purpose shall have been read three several times in each House of the 0eneral (ssembly and passed three several readin*s which readin*s shall have been on three different days and a*reed to by each House respectively and unless the yeas and nays on the second and third readin*s of the bill shall have been entered on the &ournal. S+C. !G. The 0eneral (ssembly shall re*ulate entails in such manner as to prevent perpetuities. S+C. !". +ach House shall ,eep a 8ournal of its proceedin*s which shall be printed and made public immediately after the ad8urnment of the 0eneral (ssembly. S+C. !<. (ny member of either House may dissent from and protest a*ainst any act or resolve which he may thin, in8urious to the public or any individual and have the reasons of his dissent entered on the &ournal.
S+C. F. The House of /epres /epresent entati atives ves shall shall choose choose their their own Spea,er and other officers. S+C. S+C. F!. The $ieute $ieutenan nant0 t0ov overn ernor or shall preside in the Senate but shall have ave no vote unless it may be equally divided. S+C. FF. The Senate shall choose its othe otherr offi office cers rs an and d also alsoJJ a Spea, Spea,er er 1pro tempore2 in the absence of the $ieu $ieute tena nant nt0 0ov over erno nor r or when when he shall e5ercise the office of 0overnor. S+C. F4. The style of the acts shall be :The 0eneral (ssembly of orth Carolina do enact K:. S+C. FE. +ach House shall be 8ud*e of the qualifications and elections of its own members shall sit upon its own ad8ournment from day to day prepare bills to be passed into laws and the two Houses may also 8ointly ad8ourn to any future day or other place. S+C. F. (ll bills and resolutions of a le*i le*isl slat ativ ivee na natu ture re shal shalll be read read three times in each House before they they pass pass into into laws lawsJJ an and d shal shalll be si*ned by the presidin* officers of both Houses. S+C. F#. +ach member of the 0eneral (ssembly before ta,in* his seat shall ta,e an oath or affirmation that he will support the Constitution and laws of the nited States and the Constitution of the
Stat Statee of ort orth h Ca Caro roli lina na an and d will will fait faithf hful ully ly disc discha har* r*ee his his duty duty as a member of the Senate or House of /epresentatives. S+C S+C. FG. The The term erms of offic fficee for for Senators and members of the House of /epresentatives shall commence at the time of their electionJ and the term of office of those elected at the first election held under this Constitution shall terminate at the same time as if they had been elected at the first ensuin* re*ular election. S+C. S+C. F" F".. pon pon mo moti tion on ma made de an and d seco second nded ed in eith either er Hous House e by one one fift fifth h of the the memb member erss pres presen ent t the the yeas and nays upon any question shall shall be ta,en and entered entered upon the 8ournals. S+C. F<. The election for members of the the 0ene 0enera rall (sse (ssemb mbly ly shal shalll be held for the respective districts and counties at the places where they are now held or may be directed hereafter to be held in such manner as may be prescribed by law on the first Thursday in (u*ust in the year one one thou thousan sand d ei*h ei*htt hund hundre red d an and d seventy and every two years thereafter. But the 0eneral (ssesmbly may chan*e the time of hold holdin in** the the elec electtions ions.. The The firs irst election shall be held when the vote shall be ta,en on the ratification of this Constitution by the voters of the Stat State e and the the 0ene 0enera rall (sse (ssemb mbly ly then hen elec electe ted d shal shalll meet eet on the the fift ifteent eenth h day aft after the the appro pprova vall thereof by the Con*ress of the
nited States if it fall not on Sunday but if it shall so fall then on the the ne5t ne5t day day ther therea eaft fter er an and d the the memb member erss then then elec electe ted d shal shalll hold hold their seats until their successors are elected at a re*ular election. rticle III. E,ecuti4e De7art1ent.
S+CTI- !. The +5ecutive =epartment shall consist of a 0overnor 1in whom shall be vested the Supreme e5ecutive power of the Stat State2 e2 a $ieu $ieute tena nant nt 0ov 0overno ernor r a Secr Secret etar aryy of Stat State e an (udi (udito tor r a Tre Treasur asurer er a Supe Superi rint nten end dent ent of %ublic Wor,s a Superintendent of %ublic Instruction and an (ttorney 0eneral who shall be elected for a term of four years by the qualified elec electo tors rs of the the Stat State e at the the sam same time and places and in t he same manner as members of the 0eneral (ssembly are elected. Their term of office shall commence on the first day of &an anu uar aryy ne5t ne5t aft after their heir elec electi tion on an and d cont contin inue ue unti untill thei theirr successors are elected and qualifiedK %rov %rovid ided ed That That the the offi office cers rs firs firstt elected shall assume the duties of their offlce ten days after the approval of this Constitution by the Con*ress of the nited States and shal shalll hold hold thei theirr offi office cess four four year yearss from and after the first of &anuary !"#<. S+C. F. o person shall be eli*ible as 0overnor or $ieutenant 0ov 0overno ernor r unl unless ess he shall hall have ave attained the a*e of thirty years shall
have been a citi6en of the nited Stat States es five five year years s an and d shal shalll have have been a resident of this State for two years ne5t before the electionJ nor shall the person elected to either of these two offices be eli*ible to the same office more than four years in any term of ei*ht years unless the office shall have been cast upon him as $ieutenant 0overnor or %resident of the Senate. S+C. 4. The return of every election for officers of the +5ecutive =epartment shall be sealed up and transmitted to the seat of 0overnment by the returnin* officers directed to the Spea,er of the House of /epresentatives who shall open and publish the same in the presence of a ma8ority of the membe embers rs of both Houses ses of the the 0ener eneral al (ssem ssembl bly. y. The The pers person onss havin* the hi*hest number of votes respectively shall be declared duly electedJ but if two or more be equal and hi*hest in votes for the same offi office ce then then one one of them them shal shalll be chosen by 8oint ball allot of both Hous Houses es of the the 0ene 0enera rall (sse (ssemb mbly ly.. Contested elections shall be determined by a 8oint vote of both Houses of the 0eneral (ssembly in such manner as shall be prescribed by law. S+C S+C. E. The The 0ov 0overno ernor r befor eforee enter nterin in** upo upon the dutie utiess of his his office shall in the presence of the memb member erss of both both bran branch ches es of the the 0ene 0enera rall (sse (ssemb mbly ly or befo before re an anyy &ustice of the Supreme Court ta,e an oath or affirmation that he will
support the Constitution and laws of the nited States and of the State of orth orth Ca Caro roli lina na an and d that that he will will faithfully perform the duties appertainin* to the office of 0ov 0overno ernorr to which hich he has has been een elected. S+C. . The 0overnor shall reside at the seat of *overnment of this State and he shall from time to time *ive the 0enera 0enerall (ssem (ssembly bly inform informati ation on of the affairs irs of the State and recom recomme mend nd to their their consid considera eratio tion n such such meas measur ures es as he shal shalll deem deem e5pedient. S+C. S+C. #. The The 0ove 0overn rnor or shal shalll have have power to *rant reprieves comm commut utat atio ions ns an and d pard pardon ons s afte afterr conviction for all offences 1e5cept in cases of impeachment2 upon such conditions as he may thin, proper sub8ect to such re*ulations as may be provided by law relative to the manner of applyin* for pardons. He shall annually communicate to the 0eneral (ssembly each case of reprie reprieve ve commut commutati ation on or pardo pardon n *rantedJ statin* the name of each convict the crime for which he was convicted the sentence and its date the date of commutation pardon or reprieve and the reasons therefore. S+C. G. The officers of the +5ecutive =epartment and of the %ublic Inst Instit itut utio ions ns of the the Stat State e shal shalll at least east five ive days ays prev previo iou us to eac ach h re*ular session of the 0eneral (ssembly severally report to the 0overnor who shall transmit such repo report rts s with with his his mess messa* a*e e to the the
0eneral (ssemblyJ an d the 0overnor may at any time require info inform rmat atio ion n in wr writ itin in** from from the the officers in the +5ecutive =epartment upon upon an anyy sub8 sub8ec ectt rela relati tin* n* to the the duties of their respective offices and shall ta,e care that the laws be faith fully e5ecuted. S+C. ". The 0overnor shall be CommanderinChief of the 9ilitia of the State e5cept when they shall be called into the service of the nited States. S+C. S+C. <. The The 0ove 0overn rnor or shal shalll have have power on e5traordinary occasions by and with the advice of the Cou Council ncil of Stat State e to conv conven enee the the 0eneral (ssembly in e5tra session by his proclamation statin* therein the purpose or purposes for which they are thus convened. S+C. !. The 0overnor shall nominate and by and with the advice and consent of a ma8ority of the Sen Senato ators elec electt appo appoin int t all officers whose offices are established by this Constitution or which shall be created by law and whose appo appoin intm tmen ents ts ar aree not not othe otherw rwis isee prov provid ided ed for for an and d no such such offi office cerr shall be appointed or elected by the 0eneral (ssembly. S+C. S+C. !!. The $ieute $ieutenan nantt 0overno 0overnorr shall be %resident of the Senate but shall have no vote unless the Senate be equally divided. He shall whilst actin* as %resident of the Senate receive for his services the same pay which shall for the same period be
allowed to the Spea,er of the House of /epr /epres esen enta tati tivves es an and d he shal shalll rece receiive no othe otherr com compens pensat atio ion n e5cept when he is actin* as 0overnor.
Secretary of State (uditor Treasurer Super intendent of %ublic Wor,s Superintendent of %ublic Instru Instructi ction on and (ttorn (ttorney ey 0enera 0enerall shal shalll be pres prescr crib ibed ed by law. law. If the the office of any of said officers shall be vacated by death resi*nation or otherwise it shall be the duty to the 0overnor to appoint another until the the disa disabi bili lity ty be rem removed oved or his his successor be elected and qualified. +very such vacancy shall be filled by election election at the first *eneral *eneral election election that occurs more than thirty days afte afterr the the vaca vacanc ncyy has has ta,e ta,en n plac placee and the person chosen shall hold the office for the remainder of the une5 une5pi pire red d term term fi5e fi5ed d in the the firs firstt section of this (rticle.
S+C. !F. In case of the impeachment of the 0overnor his failure to qualify his absence from the State his inability to dischar*e the duties of his office or in case the office of 0overnor shall in any wise become vacant the powers duties and emolument ents of the office shall devolve upon the $ieutenant 0overnor until the disabilities shall cease or a new 0overnor shall be elected elected and qualified qualified.. In every case case in which which the $ieute $ieutenan nantt 0overn 0overnor or shall be unable to preside over the Senate the Senators shall elect one of their own number %resident of their bodyJ and the powers duties and emoluments of the office of the offi office ce of 0ove 0overn rnor or shal shalll devo devolv lvee upon him whenever the $ieutenant 0overnor shall for any reason be prev preven ente ted d from from disc discha har* r*in in** the the duties of such office as above provided and he shall continue as actin* 0overnor until the disabilities be removed or a new 0overnor or $ieutenant 0overnor shall be elect ed and qualified. Whenever durin* the recess of the 0eneral (ssembly it shal shalll becom ecomee nece necess ssar aryy for for a %resident of the Senate to adm adminis iniste terr the the *o *ove vern rnme ment nt the the Secretary of State shall convene the Sena Senate te that that they they may elec electt such such %resident.
S+C. S+C. !E. !E. The The Secr Secret etar aryy of Stat State e (uditor Treasurer Superintendent of %ublic Wor,s and Superintendent of %ublic Inst Instru ruct ctio ion n shal shalll cons consttitu itute e5 offi officio cio the the Coun Council cil of Stat State e who who shal shalll advi advise se the the 0ove 0overn rnor or in the the e5ecution of his office and three of whom shall constitute a quorumJ their advice and proceedin*s in this capacity shall be entered in a &ournal to be ,ept for this purpose e5c 5cllusively and si*ned by the members present from any part of which any member may enter his dissentJ and such 8ournal shall be placed before the 0eneral (ssembly when called for by either House. The (ttorney 0eneral shall be e5 offici ficioo the the le* le*al adv adviser iser of the +5ecutive =epartment.
S+C. !4. The respective duties of the
S+C. !. The officers mentioned in
this (rticle shall at stated periods receive for their services a compensation to be established by law which shall neither be increased nor diminished durin* the time for which they shall have been elected and the said officers shall receive no other her emo emolumen umentt or allo allow wan ance ce whatever.
and every action prosecuted by the people of the State as a party a*ai a* ains nstt a pers person on char char*e *ed d with ith a public offence for the punishment of the same shall all be termed a criminal action. ;ei*ned issues shall be abolished and the fact at issue tried by order of court before a 8ury.
S+C. !#. There shall be a seal of the State which shall be ,ept by the 0overnor an and d used by him as occasion may require and shall be called :the 0reat Seal of the State of orth orth Car aroolina lina.: .: (ll *r *ran antts an and d commissions shall be issued in the name and by the authority of the State of orth Carolina sealed with :the 0reat Seal of the State: si*ned by the 0overnor and countersi*ned by the Secretary of State.
S+C. F. Three Commissioners shall be appointed by this Convention to report to the 0eneral (ssembly at its first session after this Constitution shall be adopted by the people rules of practice and procedure in accord accordanc ancee with with the provis provision ionss of the forei*n section and the Conv Convent entio ion n shal shalll prov provid idee for for the the commissioners a reasonable compensation
S+C. !G. There shall be established established in the office of Secretary of State a Bureau of Statistics (*riculture and Immi*ration under such re*ulations as the 0eneral (ssembly may provide. rticle IV 9udicial De7art1ent.
S+C. S+C. !. The The dist distin inct ctio ion n betw betwee een n actions at law and suits in equity and the forms of all such actions and suits shall be abolished and there shall be in this State but one form of action for the enforcement or protection of private ri*hts or the redr redres esss of priv privat atee wr wron on*s *s whic which h shall be denominated a civil actionJ
S+C. S+C. 4. The The same same Comm Commis issi sion oner erss shal shalll also also repo report rt to the 0ener eneral al (ssembly as soon as practible a code of the law of orth Carolina. The 0overnor shall have power to fill fill all all vaca vacanc ncie iess occu occurr rrin in** in this this Commission. S+C. E. The &udicial power of the State shall be vested in a court for the trial of impeachments a Supr Suprem emee Cour Court t Supe Superi rior or Cour Courts ts Courts of &ustices of the %eace and Specia Speciall Court Courts. s. S+C. S+C. . The Court Court for the trial of Impeachments shall be the Senate. ( ma8ority of the mem members bers shal shalll be nece necess ssar aryy to a quorum and the 8ud*ment shall not e5tend e5tend beyond beyond remova removall from from and disqualification to hold office in this StateJ but the party shall be liable to
indictment an d accordin* to law.
punishment
S+C. #. The House of /epres /epresent entati atives ves solely solely shall shall have have the power of impeachin*. o person shall be convicted with ithout the conc concur urre renc ncee of two two thir thirds ds of the the Senators present. When the 0ove 0overn rnor or is impe impeac ache hed d the the Chie Chieff &ustice shall preside. S+C. S+C. G. Trea Treaso son n a* a*ai ains nstt the the Stat Statee shal shalll cons consis istt only only in levy levyin in** wa warr a*ainst it or adhearin* to its enemies *ivin* them aid and comfort. o person shall be convicted of treason unless on the testimony of two witnesses to the same overt act or on confession in open court. o conviction of treason or attainder shall wor, corruption of blood or forfeiture. S+C. S+C. ". The The Supr Suprem emee Cour Courtt shal shalll consist of a Chief &ustice and four (ssociate &ustices. S+C. <. There shall be two terms of the Supreme Court held at the seat of 0overnment of the State in each year commencin* on the first 9onday in &anuary and first 9on day in &une and continuin* as lon* as the public interest may require. S+C. !. The Supreme Court shall have have 8uri 8urisd sdic icti tion on to revi review ew upon upon appeal any decision of the courts below upon any matter of law or le*al inferenceJ but no issue of fact it shall be tried before this courtK and the court shall have power to issue
any remedial writs necessary to *ive it a *eneral supervision and control of the inferior courts. S+C. !!. The Supreme Court shall have have ori* ori*in inal al 8uri 8urisd sdic icti tion on to hear hear claim laimss a* a*ai ains nstt the the Stat Statee but but its its decisions shall be merely recommendatoryK no process in the natur aturee of e5ec e5ecu utio tion shal shalll issu issuee thereonJ they shall be reported to the ne5t e5t sess ession ion of the the 0ener eneral al (ssembly for its its action. S+C. !F. The State shall be divided into twelve 8udicial districts for each of which a &ud*e shall be chosen who shall hold a Superior Court in each county in said =istrict at least twice in each year to continue for two wee,s unless the business shall be sooner disposed of. S+C. !4. ntil altered by law the followin* shall be the &udicial =istrictsK ;irst =istrict. Currituc, %erq %erqui uima mans ns Hertf ertfor ord d Ca Camd mden en Chowan Bertie %asquotan, 0atesJ Second Second =istri =istrict. ct. Tyrrel Tyrrell l Beaufo Beaufort rt +d*ecombe Hyde 9artin Washin*ton %ittJ Third =istrict. Craven Craven 0reene 0reene Wayne Wayne Carter Carteret et -nsl -n slow ow Wils Wilson on &one &ones s $eno $enoir irJJ ;ourth =istrict. Brunswic, Columbus /obeson ew Hanover Btade Btaden n =upli =uplin n Sampso SampsonJ nJ ;ifth ;ifth =istri =istrict. ct. Cumber Cumberlan land d /ichmo /ichmond nd Stan Stanly ly Har arn nett ett (nso (nson n nio nion 9oor 9o ore e 9ont 9o nt*o *om meryJ eryJ Si5t Si5th h =istrict. ortham ampt ptoon Wa,e &ohn &ohnso son n Wa Warr rren en ash ash Hali Halifa fa5 5
;ran,linJ Seventh =istrict. %erson /andolph Caswell -ran*e 0uilford /oc,in*ham Chatham (lamanceJ +i*hth =istrict. Sto,es /owan Surry ;orsyth =avie =avidson ad,inJ inth =istrict. Catawba $incoln /utherford Cabarrus 0aston %ol, 9ec,lenbur*J Tenth =istrict. Iredell Caldwell (le5ander Bur,e Wil,es 9c=owallJ +leventh =istrict. (lle*hany 9itchell Buncombe (she ancy Watau*a 9adisonJ Twelfth =istrict. Henderson 9acon Chero,ee Transylvania &ac,son Haywood Clay. S+C. !E. +very &ud*e of a Superior Court shall reside in his =istrict while holdin* his office. The &ud*es may e5chan*e districts with each other with the consent of the 0overnor and the 0overnor for *ood reasons which he shall report to the $e*islature at its current or ne5t session may require any &ud*e to hold one or more specified terms of said Courts in lieu of the &ud*e in whose district they are. S+C. !. The Superior Courts shall have e5clusive ori*inal 8urisdiction of all civil actions whereof e5clusive ori*inal 8urisdiction is not *iven to some other courtsJ and of all criminal actions in which the punishment may e5ceed a fine of fifty dollar s or imprisonment for one month. S+C. !#. The Superior Courts shall have appellate 8urisdiction of all
issues of law or fact determined by a %robate &ud*e or a &ustice of the %eace where the matter in controversy e5ceeds twentyfive dollars and of matters of law in all cases. S+C. !G. The Cler,s of the Superior Courts shall have 8urisdiction of the probate of deeds the *rantin* of letters testamentary and of administration the appointment of 0uardians the apprenticin* of orphans to audit the accounts of e5ecutors administrators and *uardians and of such other matters as shall be prescribed by law. (ll issues of fact 8oined before them shall be transferred to the Superior Courts for trial and appeals shall lie to the Superior Courts from their 8ud*ements in all matters of law. S+C. !". In all issues of fact 8oined in any court the parties may waive the ri*ht to have the same determined by 8ury in which case the findin* of the &ud*e upon the facts shall have the force and effect of a verdict of a 8ury. S+C. !<. The 0eneral (ssembly shall provide for the establishment of special courts for the trial of misdemeanors in cities and towns where the same may be necessary. S+C. F. The Cler, of the Supreme Court shall be appointed by the court and shall hold his office for ei*ht years. S+C. F!. ( Cler, of the Superior
Court for each county shall be elected by the qualified voters thereof at the time and in the manner prescribed by law for the election of members of the 0eneral (ssembly. S+C. FF. Cler,s of the Superior Courts shall hold their offices for four years. S+C. F4. The 0eneral (ssembly shall prescribe and re*ulate the fees salaries and emoluments of all officers provided for in this (rticleJ but the salaries of the &ud*es shall not be diminished durin* their continuance in office. S+C. FE. The laws of orth Carolina not repu*nant to this Constitution or to the Constitution and laws of the nited States shall be ill force until lawfully altered. S+C. F. (ctions at law and suits in equity pendin* when this Constitution shall *o into effect shall be transferred to the courts havin* 8urisdiction thereof without pre8udice by reason of the chan*e and all such actions and suits commenced before and pendin* at the adoption by the 0eneral (ssembly of the rules of practice and procedure herein provided for shall be heard and determined accordin* to the practice now in use unless otherwise provided for by said rules. S+C. F#. The &ustices of the Supreme Court shall be elected by
the qualified voters of the State as is provided for the election of members of the 0eneral (ssembly. They shall hold their offices for ei*ht years. The &ud*es of the Superior Courts shall be elected in li,e manner and shall hold their offices for ei*ht yearsJ but the &ud*es of the Superior Courts elected at the first election under this Constitution shall after their election under the superintendance of the &ustices of the Supreme Court be divided by lot into two equal classes one of which shall hold office for four years the other for ei*ht years. S+C. FG. The 0eneral (ssembly may provide by law that the &ud*es of the Superior Courts instead of bein* elected by the voters of the whole State as is herein provided for shall be elected by the voters of their respective districts. S+C. F". The Superior Courts shall be at all times open for the transaction of all business within their 8urisdeition e5cept the trial of issues of fact requirin* a 8ury. S+C. F<. ( Solicitor shall be elected for each 8udicial district by the qualified voters thereof as is prescribed for members of the 0eneral (ssembly who shall hold office for the term of four years and prosecute on behalf of the State in all criminal actions in the Supericr Courts and advise the officers of 8ustice in his district. S+C. 4. In each county a Sheriff
and Coroner shall be elected by the qualified voters thereof as is prescribed for members of the 0eneral (ssembly and shall hold their offices for two years. In each township there shall be a Constable elected in li,e manner by the voters thereof who shall hold his office for two years. When there is no Coroner in the county the Cler, of the Superior Court for the county may appoint one for special cases. In case of a vacancy e5istin* for any cause in any of the offices created by this Section the Commissioners for the county may appoint to such office for the une5pired term. S+C. 4!. (ll vacancies occurrin* in the offices provided for by this article of this Constitution shall be filled by the appointment of the 0overnor unless otherwise provided for and the appointees shall hold their places until the ne5t re*ular election. S+C. 4F. The officers elected at the first election held under this Constitution shall hold their offices for the terms prescribed for them respectively ne5t ensuin* after the ne5t re*ular election for members of the 0eneral (ssembly. But their terms shall be*in upon the approval of this Constitution by the Con*ress of the nited States. S+C. 44. The several &ustices of the %eace shall have e5clusive ori*inal 8urisdiction under such re*ulations as the 0eneral (ssembly shall prescribe of all civil actions
founded on contract wherein the sum demanded shall not e5ceed two hundred dollars and wherein the title to real estate shall not be in controversyJ and of all criminal matters arisin* within their counties where the punishment cannot e5ceed a fine of fifty dollars or imprisonment for one month. When an issue of fact shall be 8oined before a &ustice on demand of either party thereto he shall cause a 8ury of si5 men to be summoned who shall try the same. The party a*ainst whom 8ud*ement shall be rendered in any civil action may appeal to the Superior Court from the same and if the 8ud*ement shall e5ceed twentyfive dollars there may be a new trial of the whole matter in the appelate courtJ but if th e 8ud*ement shall be for twenty five dollars or less then the case shall be heard in the appelate court only upon matters of law. In all cases of a criminal nature the party a*ainst whom 8ud*ement is *iven may appeal to the Superior Court where the matter shall be heard anew. In all cases brou*ht before a &ustice he shall ma,e a record of the proceedein*s and file the same with the Cler, of the Superior Court for his county. S+C. 4E. When the office of &ustice of the %eace shall become vacant otherwise than by e5piration of the term and in case of a failure by the voters of any district to elect the Cler, of the Superior Court for the
County shall appoint to fill the vacancy for the une5pired term. S+C. 4. In case the office of Cler, of a Superior Court for a County shall become vacant otherwise than by the e5piration of the term and in case of a failure by the people to elect the &ud*e of the Superior Court for the County shall appoint to fill the vacancy until an election can be re*ularly held. rticle V. 3e4enue and Ta,ations
S+CTI- !. The 0eneral (ssembly shall levy a capitation ta5 on every male inhabitant of the State over twenty one and under fifty years of a*e which shall be equal on each to the ta5 on property valued at three hundred dollars in cash. The Commissioners of the several counties may e5empt from capitation ta5 in special cases on account of poverty and infirmity and the State and county capitation ta5 combined shall never e5ceed two dollars on the head. S+C. F. The proceeds of the State and County capitation ta5 shall be applied to the purposes of education and the support of the poor but in no one year shall more than twenty five per cent thereof be appropriated to the latter purpose. S+C. 4. $aws shall be passed ta5in* by a uniform rule all monies credits investments in bonds
stoc,s 8ointstoc, companies or otherwiseJ and also all real and personal property accordin* to its true value in money. The 0eneral (ssembly may also ta5 trades professions franchises and incomes provided that no income shall be ta5ed when the property from which the income is derived is ta5ed. S+C. E. The 0eneral (ssembly shall by appropriate le*islation and by adequate ta5ation provide for the prompt and re*ular payment of the interest on the public debt and after the year !"" it shall lay a specific annual ta5 upon the real and personal property of the State and the sum thus reali6ed shall be set apart as a sin,in* fund to be devoted to the payment of the public debt. S+C. . ntil the Bonds of the State shall be at par the 0eneral (ssembly shall have no power to contact any new debt or pecuniary obli*ation in behalf of the State e5cept to supply a casual deficit or for suppressin* invasion or insurrection unless i t shall in the same bill levy a special ta5 to pay the interest annually. (nd the 0eneral (ssembly shall have no power to *ive or lend the credit of the State in aid of any person association or corporation e5cept to aid in the completion of such /ail /oads as may be unfinished at the time of the adoption of this Constitution or in which the State has a direct pecuniary interest unless the
sub8ect be submitted to a direct vote of the people of the State and be approved by a ma8ority of those who shall vote thereon. S+C. #. %roperty belon*in* to the State or to municipal corporations shall be e5empt from ta5ation. The 0eneral (ssembly e5empt cemeteries and property held for educational scientific literary charitable or reli*ious purposesJ (lso wearin* apparel (rms for 9uster household and ,itchen furniture the 9echanical and a*ricultural implements of 9erchants and farmers libraries and scientific instruments to a value not e5ceedin* three hundred dollars. S+C. G. The ta5es levied by the commissioners of the several counties for county purposes shall be levied in li,e manner with the State ta5es and shall never e5ceed the double of the State ta5 e5cept for a special purpose and with the special approval of the 0eneral (ssembly.
in the nited States and every male person who has been naturali6ed twenty one years old or upward who shall have resided in this state twelve months ne5t preceedin* the election and thirty days in the county in which he offers to vote shall be deemed an elector. S+C. F. It shall be the duty of the 0eneral (ssembly to provide from time to time for the re*istration of all electors and no person shall be allowed to vote without re*istration or to re*ister without first ta,in* an oath or affirmation to support and maintain the Constitution and laws of the nited States and the Constitution and laws of orth Carolina not inconsistent therewith. S+C. 4. (ll elections by the people shall be by ballot and all elections by the 0eneral (ssembly shall be viva voce.
Suffrage and Eligi*ility to !ffice.
S+C. E. +very voter e5cept as hereinafter provided shall be eli*ible to officeJ but before enterin* upon the dischar*e of the duties of his office he shall ta,e and subscribe the followin* oathK :I do solemnly swear 1or affirm2 that I will support and maintain the Constitution and laws of the nited States and the Constitution and laws of orth Carolina not inconsistent there with and that I will faithfully dischar*e the duties of my office. So help me 0od.:
S+CTI- !. +very male person born
S+C. . The followin* classes of
S+C. ". +very act of the 0eneral (ssembly levyin* a ta5 shall state the special ob8ect to which it is to be applied and it shall be applied to no other purpose. rticle VI
persons shall be disqualified for officeK ;irst (ll persons who shall deny the bein* of (lmi*hty 0od. SecondJ (ll persons who shall have been convicted of treason per8ury or of any other infamous crime since becomin* citi6ens of the nited States or of corruption or malpractice in office unless such persons shall have been le*ally restored to the ri*hts of citi6enship. rticle VII. &unici7al Cor7orations
S+CTI- !. In each county there shall be elected biennially by the qualified voters thereof as provided for the election of members of the 0eneral (ssembly the followin* officers a Treasurer /e*ister of =eeds Surveyor and five Commissioners. S+C. F. It shall be the duty of the Commissioners to e5ercise a *eneral supervision and control of the penal and charitable institutions schools roads brid*es levyin* of ta5es and finances of the county as may be prescribed by law. The /e*ister of =eeds shall be e5 officio Cler, of the Board of Commissioners. S+C. 4. It shall be the duty of the Commissioners first elected in each county to divide the same into convenient districts to determine the boundaries and prescribe the names of the said districts and report the same to the 0eneral
(ssembly before the first day of &anuary !"#<. S+C. E. pon the approval of the reports provided for in the fore*oin* section by the 0eneral (ssembly the said districts shall have corporate powers for the necessary purposes of local *overnment and shall be ,nown as townships. S+C. . In each township there shall be biennially elected by the qualified voters thereof a Cler, and two &ustices of the %eace who shall constitute a board of trustees and shall under the supervision of the County Commissioners have control of the ta5es and finances roads and brid*es of the township as may be prescribed by law. The 0eneral (ssembly may provide for the election of a lar*er number of &ustices of the %eace in cities and towns and in those townships in which cities and towns and in t hose townships in which cities and towns are situated. In every township there shall also be biennially elected a School Committee consistin* of three persons whose duties shall be prescribed by law. S+C. #. The township Board of Trustees shall assess the ta5able property of their townships and ma,e return to the County Commissioners for revision as may be prescribed by law. The Cler, shall also be e5 officio Treasurer of the township. S+C. G. o county city town or
other municipal corporation shall contract any debt pled*e its faith or loan its credit nor shall any ta5 be levied or collected by any officers of the same e5cept for the necessary e5penses thereof unless by a vote of a ma8ority of the qualified voters therein. S+C. ". o money shall be drawn from any County or Township Treasury e5cept by authority of law. S+C. <. (ll ta5es levied by any county city town or township shall be uniform and ad valorem upon all property in the same e5cept property e5empted by this Constitution. S+C. !. The county officers first elected under the provisions of this article shall enter upon their duties ten days after the approval of this Constitution by the Con*ress of the nited States. S+C. !!. The 0overnor shall appoint a sufficient number of &ustices of the %eace in each County who shall hold their places until sections four five and si5 of this article shall have been carried into effect. S+C. !F. (ll charters ordinances and provisions relatin* to municipal corporations shall remain in force until le*ally chan*ed unless inconsistent with the provisions of this Constitution. S+C. !4. o county city town or
other municipal corporation shall assume or pay nor shall any ta5 be levied or collected for the payment of any debt or the interest upon any debt contracted directly or indirectly in aid or support of the rebellion. rticle VIII. Cor7orations other than &unici7al
S+CTI- !. Corporations may be formed under *eneral laws but shall not be created by special act e5cept for municipal purposes and in cases where in the 8ud*ement of the $e*islature the ob8ect of the corporations cannot be attained under *eneral laws . (ll *eneral laws and special acts passed pursuant to this Section may be altered from time to time or repealed. S+C. F. =ues from corporations shall be secured by such individual liabilities of the corporations and other means as may be prescribed by law. S+C. 4. The term corporation as used in this (rticle shall be construed to include all associations and 8oint stoc, companies havin* any of the powers and privile*es of corporations not possessed by individuals or partnerships. (nd all corporations shall have the ri*ht to sue and shall be sub8ect to be sued in all courts in li,e cases as natural persons.
S+C. E. It shall be the duty of the $e*islature to provide for the or*ani6ation of cities towns and incorporated villa*es and to restrict their power of ta5ation assessment borrowin* money contractin* debts and loanin* their credit so as to prevent abuses in assessments and in contractin* debts by such municipal corporation. rticle I@
S+CTI- !. /eli*ion morality and ,nowled*e bein* necessary to *ood *overnment and happiness of man,ind schools and the means of education shall forever be encoura*ed. S+C. F. The 0eneral (ssembly at its first session under this Constitution shall provide by ta5ation and otherwise for a *eneral and uniform system of %ublic Schools wherein tuition shall be free of char*e to all the children of the State between the a*es of si5 and twentyone years. S+C. 4. +ach County of the State shall be divided into a convenient number of =istricts in which one or more %ublic Schools shall be maintained at least four months in every yearJ and if the Commissioners of any County shall fail to comply with the afore said requirement of this section they shall be liable to indictment. S+C. E. The proceeds of all lands that have been or hereafter may be
*ranted by the nited States to this State and not otherwise specially appropriated by the nited States or heretofore by this StateJ also all monies stoc,s bonds and other property now belon*in* to any fund for purposes of +ducationJ also the net proceeds that may accrue to the State from sales of estrays or from fines penalties and forfeituresJ also the proceeds of all sales of the swamp lands belon*in* to the StateJ also all money that shall be paid as an equivalent for e5emptions from military dutyJ also all *rants *ifts or devises that may hereafter be made to this State and not otherwise appropriated by the *rant *ift or devise shall be securely invested and sacredly p reserved as an irreducible educational fund the annual income of which to*ether with so much of the ordinary revenue of the State as may be necessary shall be faithfully appropriated for establishin* and perfectin* in this State a system of ;ree %ublic Schools and for no other purposes or uses whatsoever. S+C. . The niversity of orth Carolina with its lands emoluments and franchises is under the Control of the State and shall be held to an inseparable connection with the ;ree %ublic School System of the State. S+C. #. The 0eneral (ssembly shall provide that the benefits of the niversity as far as practicable be e5tended to the youth of the State free of e5pense for tuitionJ also that
all the property which has heretofore accrued to the State or shall thereafter accrue from escheats unclaimed dividends or distributive shares of the estates of deceased persons shall be appropriated to the use of the niversity. S+C. G. The 0overnor $ieutenant 0overnor Secretary of State Treasurer (uditor Superintendent of %ublic Wor,s Superintendent of %ublic Instruction and (ttorney 0eneral shall constitute a State Board of +ducation. S+C. ". The 0overnor shall be %resident and the Superintendent of %ublic Instruction shall be Secretary of the Board of +ducation. S+C. <. The Board of +ducation shall succeed to all the powers and trusts of the %resident and directors of the $iterary ;und of orth Carolina and shall have full power to le*islate and ma,e all needful rules and re*ulations in relation to ;ree %ublic Schools and the +ducational fund of the StateJ but all acts rules and re*ulations of said Board may be altered amended or repealed by the 0eneral (ssembly and when so altered amended or repealed by the 0eneral (ssembly and when so altered amended o r repealed they shall not be reenacted by the Board. S+C. !. The first session of the Board of +ducation shall be held at
the Capital of the State within fifteen days after the or*ani6ation of the State 0overnment under this ConstitutionJ the time of future meetin*s may be determined by the Board. S+C. !!. ( ma8ority of the Board shall constitute a quorum for the transaction of business. S+C. !F. The contin*ent e5penses of the Board shall be provided for by the 0eneral (ssembly. S+C. !4 The Board of +ducation shall elect Trustees for the niversity as followsK -ne trustee for each County in the State whose term of office shall be ei*ht years. The first meetin* of the Board shall be held within ten days after their election an d at this and every subsequent meetin* ten Trustees shall constitute a quorum. The Trustees at their first meetin* shall be divided as equally as may be into four classes. The seats of the first class shall be vacated at the e5piration of two yearsJ of the second class at the e5piration of four yearsJ of the third class at the e5piration of si5 yearsJ of the fourth class at the e5piration of ei*ht yearsJ so that one fourth may be chosen every second year. S+C. !E. The Board of +ducation and the %resident of the niversity shall be e5 officio members of the Board of Trustees of the niversityJ and shall with three other Trustees to be appointed by the Board of
Trustees constitute the +5ecutive Committee of the Trustees of the niversity of orth Carolina and shall be clothed with the powers dele*ated to the +5ecutive Committee under the e5istin* or*ani6ation of the Institution. The 0overnor shall be e5 o*eio %resident of the Board of Trustees and Chair man of the +5ecutive Committee of the niversity. The Board of +ducation shall provide for the more perfect or*ani6ation of the Board of Trustees. S+C. !. (ll the privile*es ri*hts franchises and endowments heretofore *ranted to or conferred upon the Board of Trustees of the niversity of orth Carolina by the Charter of !G"< or by any subsequent le*islation are hereby vested in the Board of Trustees authori6ed by this Constitution for the perpetual benefit of the niversity. S+C. !#. (s soon as practicable after the adoption of this Constitution the 0eneral (ssembly shall establish and maintain in connection with the niversity a =epartment of (*riculture of 9echanics of 9inin* and of ormal Instruction. S+C. !G. The 0eneral (ssembly is hereby empowered to enact that every child of sufficient mental and physical ability shall attend the %ublic Schools durin* the period between the a*es of si5 and ei*hteen years for a term of not less than
si5teen months unless educated by other means. rticle @. Ho1esteads and E,e17tions
S+CTI- !. The personal property of any resident of this State to the value of five hundred dollars to be selected by such resident shall be and is hereby e5empted from sale under e5ecution or other final process of any court issued for the collect ion of any debt. S+C. F. +very Homestead and the dwellin* and buildin*s used therewith not e5ceedin* in value one thousand dollars to be selected by the owner thereof or in lieu thereof at the option of the owner any lot in a city town or villa*e with the dwellin* and buildin*s used thereon owned and occupied by any resident of this State and not e5ceedin* the value of one thousand dollars shall be e5empted from sale under e5ecution or other final process obtained on any debt. But no property shall be e5empt from sale for ta5es or for payment of obli*ations contracted for the purchase of said premises. S+C. 4. The Homestead after the death of the owner thereof shall be e5empt from the payment of any debt durin* the minority of his children or any one of them. S+C. E. The provisions of section one and two of this (rticle shall not
be so construed as to prevent a laborer's lien for wor, done and performed for the person claimin* such e5emption or a mechanic's lien for wor, done on the premises. S+C. . If the owner of a Homestead die leavin* a widow but no children the same shall be e5empt from the debts of her husband and the rents and profits thereof shall in sure to her benefit durin* her widowhood unless she be the owner of a Homestead in her own ri*ht. S+C. #. The real personal property of any female in this State acquired before marria*e and all property real and personal to which she may after marria*e become in any manner entitled shall be and remain the sole and separate estate and property of such female and shall not be liable for any debts obli*ations or en*a*ements of her husband and may be devised or requeathed and with the written assent of her husband conveyed by her as if she were unmarried. S+C. G. The husband may insure his own life for the sole use and benefit of his wife and children and in case of the death of the husband the amount thus insured shall be paid over to the wife and children or the *uardian if under a*e for her or their own use free from all the claims of the representatives of the husband or any of his creditors. S+C. ". othin* contained in the fore*oin* sections of this (rticle
shall operate to prevent the owner of a Homestead from disposin* of the same by deedJ but no deed made by the owner of a Homestead shall be valid without the voluntary si*nature and assent of his wife si*nified on her private e5amination accordin* to law. rticle @I. 8unish1ents) 8enal Institutions and 8u*lic Charities.
S+CTI- !. The followin* punishments only shall be ,nown to the laws of this State vi6K death imprisonment with or without hard labor fines removal from office and disqualification to hold and en8oy any office of honor trust or profit under t his State. S+C. F. The ob8ect of punishments bein* not only to satisfy 8ustice but also to reform and offender and thru prevent crime murder arson bur*lary and rape and these only may be punishable with death if the 0eneral (ssembly shall so enact. S+C. 4. The 0eneral (ssembly shall at its first meetin* ma,e provision for the erection and conduct of a States' %rison or %enitentiary at some central and accessible point with the State. S+C. E. The 0eneral (ssembly may provide for the erection of Houses of Correction where va*rants and persons *uilty of misdemeanors
shall be restrained and usefully employed. S+C. . ( House or Houses of /efu*e may be established whenever the public interest may require it for the correction and instruction of other classes of offenders. S+C. #. It shall be required by competent le*islation that the structure and superintendence of penal institutions of the State the county 8ails and city police prisons secure the health and comfort of the prisoners and that male and female prisoners be never confined in the same room or cell. S+C. G. Beneficient provision for the poor the unfortunate and orphan bein* one of the first duties of a civili6ed and a Christian State The 0eneral (ssembly shall at its first session appoint and define the duties of a Board of %ublic Charities to whom shall be intrusted the supervision of all charitable and penal State institutions and who shall annually report to the 0overnor upon their condition with su**estions for their improvement. S+C. ". There shall also as soon as practicable be measures devised by the State for the establishment of one or more -rphan Houses where destitute orphans may be cared for educated and tau*ht some business or trade. S+C. <. It shall be the duty of the
$e*islature as soon as practicable to devise means for the education of idiots and inebriates. S+C. !. The 0eneral (ssembly shall provide that all the deaf mutes the blind and the insane of the State shall be cared for at the char*e of the State. S+C. !!. It shall be steadily ,ept in view by the $e*islature and the Board of %ublic Charities that all penal and charitable institutions should be made as nearly self supportin* as is consistent with the purposes of their creations. rticle @II &ilitia
S+CTI- !. (ll able bodied male citi6ens of the State of orth Carolina between the a*es of twentyone and forty years who are citi6ens of the nited States shall be liable to duty in the 9ilitia %rovided That all persons who may be adverse to bearin* arms from reli*ious scruples shall be e5empt therefrom. S+C. F. The 0eneral (ssembly shall provide for the or*ani6in* armin* equippin* and discipline of the 9ilitia and for payin* the same when called into active service. S+C. 4. The 0overnor shall be CommanderinChief and have power to call out the 9ilitia to
e5ecute the law suppress riots or insurrection and to repel invasion.
rticle @III
shall prescribe a mode by which the amendment or amendments may be submitted to the qualified voters of the House of /epresentatives throu*hout the StateJ and if upon comparin* the votes *iven in the whole State it shall appear that a ma8ority of the voters votin* thereon have approved thereof then and not otherwise the same shall become part of the Constitution.
1end1ents
rticle @IV
S+CTI- !. o Convention of the people shall be called by the 0eneral (ssembly unless by the concurrence of twothirds of all the members of each House of the 0eneral (ssembly.
&iscellaneous
S+C. E. The 0eneral (ssembly shall have power to ma,e suche e5emptions as may be deemed necessary and to enact laws that may be e5pedient for the *overnment of the 9ilitia.
S+C. F. o part of the Constitution of this State shall be altered unless a bill to alter the same shall have been read three times in each House of the 0eneral (ssembly and a*reed to by threefifths of the whole number of members of each House respectivelyJ nor shall any alteration ta,e place until the bill so a*reed to shall have been published si5 months previous to a new election of members to the 0eneral (ssembly. If after such publication the alteration proposed by the precedin* 0eneral (ssembly shall be a*reed to in the first session thereafter by twothirds of the whole representation in each House of the 0eneral (ssembly after the same shall have been read three times on three several days in each House then the said 0eneral (ssembly
S+CTI- !. (ll indictments which shall have been found or may hereafter be found for any crime or offence committed before the Constitution ta,es effect may be preceeded upon in the proper courts but no punishment shall be inflicted which is forbidden by this Constitution. S+C. F. o person who shall hereafter fi*ht a duel or assist in the same as a second or send accept or ,nowin*ly carry a challen*e therefor or a*ree to *o out of this State to fi*ht a duel shall hold any office in this State. S+C. 4. o money shall be drawn from the Treasury but in consequence of made by law and an accurate account of the receipts and e5penditures of the public money shall be annually published. S+C. E. The 0eneral (ssembly shall provide by proper le*islation for
*ivin* to mechanics and laborers an adequate lien on the sub8ect matter of their labor.
SID T!5' !' THE S&E TE3&S 5ITH THE !THE3 T!5'S I' THE STTE.
S+C. . In the absence of any contrary provision all officers in this State whether heretofore elected or appointed by the 0overnor shall hold their positions only until other appointments are made by the 0overnor or if the officers are elective until their successors shall have been chosen and duly qualified accordin* to the provisions of this Constitution.
&E'D&E'TS !F "%2?
S+C. #. The seat of *overnment in this State shall remain at the city of /alei*h. S+C. G. o person shall hold more than one lucrative office under the State at the same timeJ %rovided That officers in the 9ilitia &ustices of the %eace Commissioners of %ublic Charities and Commissioners appointed for special purposes shall not be considered officers within the meanin* of this section. =one at Convention at /alei*h the si5teenth day of 9arch in the year of our $ord a thousand ei*ht hundred and si5ty ei*ht and of the Independence of the nited States the ninety second. &E'D&E'T !F "$%# ' !3DI''CE T! E'BLE THE F3EE&' !F THE T!5' !F F
rticle I. Section ".
!. The senate of this State shall consist of fifty representatives biennially chosen by ballot and to be elected by districtsJ which districts shall be laid off by the *eneral assembly at its first session after the year one thousand ei*ht hundred and fortyoneJ and afterwards at its first session after the year one thousand ei*ht hundred and fiftyoneJ and then every twenty years thereafter in proportion to the public ta5es paid into the treasury of the State by the citi6ens thereofJ and the avera*e of the public ta5es paid by each county into the treasury of the State for the five years precedin* the layin* off of the districts shall be considered as its proportion of the public ta5es and constitute the basis of apportionmentK %rovided that no county shall be divided in the formation of a senatorial district. (nd when there are one or more counties havin* an e5cess of ta5ation above the ratio to form a senatorial district ad8oinin* a county or counties deficient in such ratio the e5cess or e5cesses aforesaid shall be added to the ta5ation of the county or counties deficientJ and if with such addition the county or counties receivin* it
shall have the requisite ratio such county and counties each shall constitute a senatorial district. F. The house of commons shall be composed of one hundred and twenty representatives biennially chosen by ballot to be elected by counties accordin* to their federal population that is accordin* to their respective numbers which shall be determined by addin* to the whole number of free persons includin* those bound to service for a term of years and e5cludin* Indians not ta5ed threefifths of all other personsJ and each county shall have at least one member in the house of commons althou*h it may not contain the requisite ratio of population. 4. This apportionment shall be made by the *eneral assembly at the respective times and periods when the districts for the senate are hereinbefore directed to be laid offJ and the said apportionment shall be made accordin* to an enumeration to be ordered by the *eneral assembly or accordin* to the census which may be ta,en by order of con*ress ne5t precedin* the ma,in* such apportionment. E. In ma,in* the apportionment in the house of commons the ratio of representation shall be ascertained by dividin* the amount of federal population in the State after de ductin* that comprehended within those counties which do not severally contain the one hundred
and twentieth part of the entire federal population aforesaid by the number of representatives less than the number assi*ned to the said counties. To each county containin* the said ratio and not twice the said ratio there shall be assi*ned one representativeJ to each county containin* twice but not three times the said ratio there shall be as si*ned two representatives and so on pro*ressivelyJ and then the remainin* representatives shall be assi*ned severally to the counties havin* the lar*est fractions. Section =.
!. ntil the first session of the *eneral assembly which shall be had after the year ei*hteen hundred and fortyone the senate shall be composed of members to be elected from the several districts hereinafter named that is to say the first district shall consist of the counties of %erquimans and %asquotan,J the Fnd district of Camden and Currituc,J the 4rd district 0ates and ChowanJ the Eth district Washin*ton and TyrrellJ the th district orthamptonJ the #th district HertfordJ the Gth district BertieJ the "th district 9artinJ the
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$enoirJ the !"th district %ittJ the !
|
0uilford Halifa5 Iredell 9ec,lenbur* /owan /utherford Surry Sto,es and Wa,e shall elect three members each. The counties of (nson Beaufort Bertie Buncombe Cumberland Craven Caswell =avidson =uplin +d*ecombe ;ran,lin &ohnston 9ont*omery ew Hanover orthampton %erson %itt /andolph /obeson /ichmond /oc,in*ham Sampson Warren Wayne and Wil,es shall elect two members each. The counties of (she Bladen Brunswic, Camden Columbus Chowan Currituc, Carteret Cabarrus 0ates 0reene Haywood Hertford Hyde &ones $enoir 9acon 9oore 9artin ash -nslow %asquotan, %erquimans Tyrrell Washin*ton and ancey shall elect one member each. Section 2
!. +ach member of the senate shall have usually resided in the district for which he is chosen for one year immediately precedin* his election and for the same time shall have possessed and continued to possess in the district which he represents not less than three hundred acres of land in fee. F. (ll free men of the a*e of twenty one years 1e5cept as is hereinafter declared2 who have been inhabitants of any one district within the State twelve months immediately precedin* the day of any election and possessed of a freehold within the same district of
fifty acres of land for si5 months ne5t before and at the day of election shall be entitled to vote for a member of the senate. 4. o free e*ro free mulatto or free person of mi5ed blood descended from e*ro ancestors to the fourth *eneration inclusive 1thou*h one ancestor of each *eneration may have been a white person2 shall vote for members of the senate or house of commons . Section E. !. In the election of all officers whose appointment is conferred on the *eneral assembly by the constitution the vote shall be viva voce. F. The *eneral assembly shall have power to pass laws re*ulatin* the mode of appointin* and removin* militia officers. 4. The *eneral assembly shall have power to pass *eneral laws re*ulatin* divorce and alimony but shall not have power to *rant a divorce or secure alimony in any individual case. E. The *eneral assembly shall not have power to pass any private law to alter the name of any person or to le*itimate any persons not born in lawful wedloc, or to restore to the ri*hts of citi6enship any person convicted of an infamous crimeJ but shall have power to pass *eneral laws re*ulatin* the same.
The *eneral assembly shall not pass any private law unless it shall be made to appear that thirty days' notice of application to pass such law shall have been *iven under such directions and in such manner as shall be provided by law. #. If vacancies shall occur by death resi*nation or otherwise before the meetin* of the *eneral assembly writs may be issued by the *overnor under such re*ulations as may be prescribed by law. G. The *eneral assembly shall meet biennially and at each biennial session shall elect by 8oint vote of the two houses a secretary of state treasurer and council of state who shall continue in office for the term of two years. rticle II.
!. The *overnor shall be chosen by the qualified voters for the members of the house of commons at such time and places as members of the *eneral assembly are elected. F. He shall hold his office for the term of two years from the time of his installation and until another shall be elected and qualifiedJ but he shall not be eli*ible more than four years in any term of si5 years. 4. The returns of every election for *overnor shall be sealed up and transmitted to the seat of *overnment by the returnin*
officers directed to the spea,er of the senate who shall open and publish them in the presence of a ma8ority of the members of both houses of the *eneral assembly. The person havin* the hi*hest number of votes shall be *overnorJ but if two or more shall be equal and hi*hest in votes one of them shall be chosen *overnor by 8oint vote of both houses of the *eneral assembly. E. Contested elections for *overnor shall be determined by both houses of the *eneral assembly in such manner as shall be prescribed by law. . The *overnorelect shall enter on the duties of the office on the first day of &anuary ne5t after his election havin* previously ta,en the oaths of office in the presence of the members of both branches of the *eneral assembly or before the chief 8ustice of the supreme court who in case the *overnorelect should be prevented from attendance before the *eneral assembly by sic,ness or other unavoidable cause is authori6ed to administer the same. rticle III. Section ".
!. The *overnor 8ud*es of the supreme court and 8ud*es of the superior courts and all other officers of this State 1e5cept 8ustices of the peace and militia officers2 may be impeached for wilfully violatin* any article of the
constitution maladministration or corruption. F. &ud*ment in cases of impeachment shall not e5tend further than to remove from office and disqualification to hold and en8oy any office of honor trust or profit under this StateJ but the party convicted may nevertheless be liable to indictment trial 8ud*ment and punishment accordin* to law. 4. The house of commons shall have the sole power of impeachment. The senate shall have the sole power to try all impeachments. o person shall be convicted upon any impeachment unless twothirds of the senators present shall concur in such convictionJ and before the trial of any impeachment the members of the senate shall ta,e an oath or affirmation truly and impartially to try and determine the char*e in question accordin* to evidence. Section =.
!. (ny 8ud*e of the supreme court or of the superior courts may be removed from office for mental or physical inability upon a concurrent resolution of twothirds of both branches of the *eneral assembly. The 8ud*e a*ainst whom the le*islature may be about to proceed shall receive notice thereof accompanied by a copy of the causes alle*ed for his removal at least twenty days before the day on which either branch of the *eneral assembly shall act thereon.
The salaries of the 8ud*es of the supreme court or of the superior courts shall not be diminished durin* their continuance in office. Section 2.
pon the conviction of any 8ustice of the peace of any infamous crime or of corruption or malpractice in office the commission of such 8ustice shall be thereby vacated and he shall be forever disqualified from holdin* such appointment. Section >.
The *eneral assembly at its first session after the year one thousand ei*ht hundred and thirtynine and from time to time thereafter shall appoint an attorney*eneral who shall be commissioned by the *overnor and shall hold his office for the term of four yearsJ but if the *eneral assembly should hereafter e5tend the term durin* which solicitors of the State shall hold their offices then they shall have power to e5tend the term of office of the attorney*eneral to the same period.
F. o part of the constitution of this State shall be altered unless a bill to alter the same shall have been read three times in each house of the *eneral assembly and a*reed to by threefifths of the whole number of members of each house respectivelyJ nor shall any alteration ta,e place until the bill so a*reed to shall have been published si5 months previous to a new election of members to the *eneral assembly. If after such publication the alteration proposed by the precedin* *eneral assembly shall be a*reed to in the first session thereafter by twothirds of the whole representation in each house of the *eneral assembly after the same shall have been read three times on three several days in each house then the said *eneral assembly shall prescribe a mode by which the amendment or amendments may be submitted to the qualified voters of the house of commons throu*hout the StateJ and if upon comparin* the votes *iven in the whole State it shall appear that a ma8ority of the voters have approve d thereof then and not otherwise the same bill become a part of the constitution.
rticle IV
Section =.
Section ".
The thirtysecond section of the constitution shall be amended to read as followsK o person who shall deny the bein* of 0od or the truth of the Christian reli*ion or the divine authority of the -ld or ew Testament or who shall hold reli*ious principles incompatible
l. o convention of the people shall be called by the *eneral assembly unless by the concurrence of twothirds of all the members of each house of the *eneral assembly.
with the freedom or safety of the State shall be capable of holdin* any office or place of trust or profit in the civil department within this State.
one thousand ei*ht hundred and thirtyfive. (TH(I+$ 9(C- %resident. +=9= B. ;/++9( Secretary. &-S+%H =. W(/= (sst. Secty.
Section 2.
&E'D&E'T !F "%?$
!. Capitation ta5 shall be equal throu*hout the State upon all individuals sub8ect to the same.
+very free white man of the a*e of twentyone years bein* a native or naturali6ed citi6en of the nited States and who has been an inhabitant of the State for twelve months immediately precedin* the day of any election and shall have paid public ta5es shall be entitled to vote for a member of the senate for the district in which he resides.
F. (ll free males over the a*e of twentyone years and under the a*e of fortyfive years and all slaves over the a*e of twelve years and under the a*e of fifty years shall be sub8ect to capitation ta5 and no other person shall be sub8ect to such ta5K %rovided that nothin* herein contained shall prevent e5emptions of ta5able polls as heretofore prescribed by law in cases of bodily infirmity. Section >.
o person who shall hold any office or place of trust or profit under the nited States or any department thereof or under this State or any other State *overnment shall hold or e5ercise any other office or place of trust or profit under the authority of this State or be eli*ible to a seat in either house of the *eneral assemblyK %rovided that nothin* herein contained shall e5tend to officers in the militia or 8ustices of the peace. /atified in convention this eleventh day of &uly in the year of our $ord
&E'D&E'TS !F "%("/(=
I. ( -/=I(C+ T- =ISS-$3+ TH+ I- B+TW++ TH+ ST(T+ -; -/TH C(/-$I( (= TH+ -TH+/ ST(T+S IT+= WITH H+/ IL+/ TH+ C-9%(CT -; 0-3+/9+T +TIT$+= TH+ C-STITTI- -; TH+ IT+= ST(T+S. We the people of the State of orth Carolina in Convention assembled do declare and ordain and it is hereby declared and ordained that the ordinance adopted by the State of orth Carolina in the Convention of !G"< whereby the Constitution of the nited States was ratified and adopted and also all acts and parts of acts of the 0eneral (ssembly ratifyin* and adoptin* amendments
to the said Constitution are hereby repealed rescinded and abro*ated. We do further declare and ordain that the nion now subsistin* between the State of orth Carolina and the other States under the title of the nited States of (merica is hereby dissolved and that the State of orth Carolina is in the full possession of e5ercise of all those ri*hts of soverei*nty which belon* and appertain to a free and independent State. %assed Fth day of 9ay !"#!. II. ( -/=I(C+ =+;II0 T/+(S- (0(IST TH+ ST(T+. Be it ordained by this Convention and it is hereby ordained by the authority of the same as followsK Treason a*ainst the State of orth Carolina shall consist only in levyin* War a*ainst her or in adherin* to her enemiesJ *ivin* them aid and comfort. o person shall be convicted of Treason unless on the Testimony of two witnesses to the same over act or on confession in open Court. /ead three times and passed !"th &une !"#!. III. ( -/=I(C+ T- /(TI; TH+ C-STITTI- -; TH+ %/-3ISI-($ 0-3+/9+T -; TH+ C-;+=+/(T+ ST(T+S -; (9+/IC(.
We the people of orth Carolina in Convention assembled do declare and ordain and it is hereby declared and ordained That the State of orth Carolina does hereby assent to and ratify the Constitution for the %rovisional 0overnment of the Confederate States of (merica adopted at 9ont*omery in the State of (labama on the "th day of ;ebruary (. =. !"#! by the Convention of =ele*ates from the States of South Carolina 0eor*ia ;lorida (labama 9ississippi and $ouisiana and that orth Carolina will enter into the ;ederal (ssociation of States upon the terms therein proposed when admitted by the Con*ress or any Competent authority of the Confederate States. =one at /alei*h the twentieth day of 9ay !"#!. I3. ( -/=I(C+ T- /(TI; TH+ C-STITTI- -; TH+ C-;+=+/(T+ ST(T+S -; (9+/IC(. Whereas on the eleventh day of 9arch (. =. !"#! at 9ont*omery in the State of (labama a Constitution was adopted by a Con*ress of dele*ates from the States of (labama ;lorida 0eor*ia $ouisiana 9ississippi South Carolina and Te5as united under the name of the Confederate States of (merica which Constitution
hath been ratified by each of the said statesK ow therefore this convention havin* seen and considered the said Constitution doth in behalf of the people of the State of orth Carolina adopt and ratify the said Constitution and form of 0overnment the tenor of which appears in a schedule hereto anne5edK /ead three times and passed #th &une !"#!. 3. ( -/=I(C+ T- (9+= TH+ ETH S+CTI- -; TH+ ETH (/TIC$+ -; TH+ (9+=9+TS T- TH+ C-STITTI-. Be it -rdained by this Convention of the people and it is hereby ordained by the authority of the same That the fourth Section of the fourth (rticle of the amendments to the Constitution proposed and ratified in the year ei*hteen hundred and thirtyfive be amended by stri,in* out the word :nited: and insertin* in lieu thereof the word :Confederate: before the word :States:. /ead three times and passed Fth &une !"#!. 3I. ( -/=I(C+ I /+$(TI- T- T(L(TI-. S+CTI- !. Be it ordained That the third Section of the fourth article of the amendments of the Constitution
be and the same if hereby annulled. S+C. F. Be it further ordained That all free males over the a*e of twenty one years and under the a*e of forty five years shall be sub8ect to a Capitation ta5 not less than the ta5 laid on land of the value of three hundred dollars and no other free person nor slave shall be liable to such ta5ationJ and also land and slaves shall be ta5ed accordin* to their value and the ta5 on slaves shall be as much but not more than that on land accordin* to their respective valuesJ but the ta5 on slaves may be laid on their *eneral avera*e value in the State or on their values in classes in respect to a*e se5 and other distinctive properties in the discretion of the 0eneral (ssemblyJ and the value be assessed in such modes as may be prescribed by lawK %rovided That nothin* herein contained shall prevent the e5emption from ta5ation of soldiers in the public service or of free males or slaves in cases of bodily or mental infirmity or of such real estate as hath hitherto been e5empted by law. /ead three times and passed Fth &une !"#!. 3II. ( -/=I(C+ T- S+C/+ T- C+/T(I -;;IC+/S (= S-$=I+/S TH+ /I0HT T- 3-T+. S+CTI- !. Be it ordained by this convention and it is hereby ordained by authority of the same That all officers and soldiers in the service of the State or of the Confederate
States who are of the a*e of twenty one years and who are citi6ens of this State or who if within the State shall be absent from their respective counties at elections hereafter to be held if the e5i*encies of the times shall permit shall be entitled to vote for Sheriffs Cler,s of the County and Superior Courts our members of the 0eneral (ssembly for their respective CountiesJ and shall also be entitled to vote for 0overnor +lectors for %resident and 3ice %resident of the Confederate States and for members of the Confederate Con*ress for their respective districts. S+C. F. Be it further ordained That three freeholders of the respective Companies under the direction of the Commandin* -fficers of the re*iments to which they belon* shall open polls on Thursday before the day appointed for holdin* elections in this State and said elections shall be conducted in all respects accordin* to the laws of this State. The three freeholders aforesaid shall prepare a fair copy of the votes polled and shall transmit the same with the list of voters to the Sheriffs of their respective countiesJ and where -fficers and Soldiers in the same Companies shall vote in different Counties or different Con*ressional districts the said free holders shall specify accordin*ly and ma,e returns to the Sheriffs of the different Counties above referred to.
S+C. 4. Be it further ordained That the Sheriffs of the respective Counties of this State shall count the votes of the said officers and soldiers if received within seven days after the electionsJ and they shall not declare the result of the said elections until the seven days above mentioned shall have e5pired. S+C. E. Be it further ordained that this ordinance shall be in force from and after the day of its ratificationJ provided this ordinance shall be in force durin* the e5istence of the present war with the nited States and no lon*er. /ead three times and passed &une !th !"#!. ( -/=I(C+ T- (9+= ( -/=I(C+ +TIT$+=:( -/=I(C+ T- S+ C/+ TC+/T(I -;;IC+/S (= S-$=I+/S TH+ /I0HT T- 3-T+. S+CTI- !. Be it ordained by the =ele*ates of the people of orth Carolina in Convention assembled and it is hereby ordained by the authority of the same That the proper returnin* officers of every County in this State shall include in their returns the votes of officers and soldiers *iven in any election in which they may be entitled to vote by $aw if received within twenty days after they are cast and the said returnin* officers shall not ma,e up their returns and declare the result
of said elections until the e5piration of twenty days as aforesaid.
:by onefifth present.:
S+C. F. Be it further ordained That the proper returnin* officer of every County shall within ei*ht days after the period fi5ed for comparin* the returns transmit to the seat of *overnment and deliver to the proper officer a statement of votes *iven in his county for 0overnor which statement shall be made in the manner and form now required by law.
/ead three times and ratified in open Convention the si5th day of =ecember (. =. !"#!.
S+C. 4. Be it further ordained That the 0overnor be directed to ma,e ,nown by proclamation the provisions of the ordinance securin* to officers and soldiers the ri*ht to vote. %assed and ratified in open Convention the " day of 9ay (. =. !"#F. 3III. ( -/=I(C+ T%/-3I=+ ;-/ (9+=I0 TH+ ;-/TSILTH S+CTI- -; TH+ C-STITTI- -; THIS ST(T+ I /+0(/= T- T()I0 TH+ +(S (= (S I +ITH+/ H-S+ -; TH+ 0++/($ (SS+9B$. Be it ordained by the =ele*ates of the people of orth Carolina in Convention assembled and it is hereby ordained by the authority of the sameJ That the fortysi5th section of the Constitution of this State be so amended as to insert after the word :seconded: in the fourth line of said section the words
of
the members
IL. ( -/=I(C+ T- (9+= TH+ S+C-= S+CTI- -; TH+ ;-/TH (/TIC$+ -; TH+ (9+=9+TS T- TH+ C-STITTI-. Be it ordained by the =ele*ates of the people of orth Carolina in Convention assembled and it is hereby ordained by the authority of the same That the second section of the fourth article of the amendments to the Constitution shall be amended to read as followsK :o person who shall deny the bein* of 0od or the divine authority of both the -ld and ew Testiments or who shall hold reli*ious opinions incompatible with the freedom or safety of the State shall be capable of holdin* any office or place of trust or profit in the civil department of this State.: /ead three times and ratified in open Convention the si5th day of =ecember (. =. !"#!. L. ( -/=I(C+ I /+$(TI- T- +$+CT-/S -; TH+ S+(T+. Be it ordained by the =ele*ates of the people of orth Carolina in Convention assembled and it is
hereby ordained by the authority of the same That every free white man of the a*e of twenty one years bein* a native or naturali6ed citi6en of the Confederate States who has been an inhabitant of the state for twelve months and of the district in which he proposes to vote si5 months ne5t before the day of any election and shall have paid public ta5es shall be entitled to vote for a member of the Senate for the district in which he resides.
=ele*ates of the people of orth Carolina in Convention assembled and it is hereby ordained by the authority of the sameJ That the person who shall be elected 0overnor of this State at the ne5t re*ular election on the first Thursday in (u*ust ne5t as now provided for by $aw shall also fill the office and dischar*e the duties of 0overnor of this State from the second 9onday of September until his successor shall be qualified.
%assed and ratified in open Convention on the !th day of 9ay (. =. !"#F.
S+C. F. Be it further ordained That the proper returnin* officers of every county shall as soon as the result of the election is ,nown in his county transmit to the Secretary of State a statement of the votes ta,en in his county for 0overnor which statement shall be made up from the poll boo,s of his county as is now prescribed by law.
LI. ( -/=I(C+ C-C+/I0 TH+ +$+CTI- -; 0-3+/-/. Whereas By the construction which in practice has been *iven to the constitution . of the State the Spea,er of the Senate in case of a vacancy in the office of the 0overnor shall e5ercise the powers of 0overnor by virtue of his office as Spea,er and without vacatin* the same which said office of Spea,er must cease and determine with that of the incumbent as a Senator upon the election of his successor in the ne5t section a vacancy will ta,e place in the office of 0overnor from and after the day of the ne5t election on the first Thursday in (u*ust ne5t until the first day of &anuary (. =. !"#4 a*ainst which it is the duty of this Convention to provide Therefore S+CTI- !. Be it ordained by the
S+C. 4. Be it further ordained That the Secretary of State the Treasurer and Comptroller shall on the fourth Thursday in (u*ust ne5t in the presence of the 0overnor proceed to e5amine said returns and ascertain and declare what person shall have received the *reatest number of votes where upon the 0overnor shall issue his proclamation declarin* such person duly elected 0overnor of this State from the second 9onday of September (. =. !"#F until his successor shall be qualified. S+C. E. Be it further ordained That the person so declared and
proclaimed 0overnor as aforesaid shall on the second 9onday of September (. =. !"#F appear before some &ud*e of the Supreme Court or someone of the &ud*es of the Superior Courts of $aw and ta,e and subscribe the oath now prescribed by law for qualification of 0overnor of this State and shall immediately enter upon the dischar*e of the duties of his officeJ which oath S< ta,en and subscribed shall be filed in the office of the Secretary of State. S+C. . Be it further ordained That His +5cellency Henry T. Clar, shall continue to hold the office and dischar*e the duties of 0overnor of this State from the first Thursday in (u*ust until the second 9onday in September ne5t or until his successor shall be qualified as fully and to all intents and purposes as he has heretofore done and shall receive the usual salary in proportion to his e5tended term of service. %assed and ratified in open Convention on the Fnd day of 9ay (. =. !"#F. LII. ( -/=I(C+ T- ($$-W C+/T(I %+/S-S T- 3-T+ ;-/ 0-3+/-/ I ( -TH+/ TH( TH+ C-I&TI+S I WHICH TH+ /+SI=+. S+CTI- !. Be it ordained by the =ele*ates of the people of orth Carolina in convention assembled and it is hereby ordained by the
authority of the same That any citi6en of this State who shall be entitled to vote for 0overnor in the county wherein he is domiciled shall be entitled to vote for 0overnor in any county in this State. S+C. F. Be it further ordained That it shall or may be lawful for the Sheriffs of the counties in this State in the possession of or under the control of the enemy to compare the poles of their respective counties for 0overnor and members of the $e*islature at any place in this State they may thin, proper. S+C. 4. Be it further ordained That this ordinance shall be and continue in force for and durin* the present war and no lon*er unless sooner repealed or modified by the 0eneral (ssembly. %assed and ratified in open Convention on the !Fth day of 9ay (. =. !"#F. ( -/=I(C+ =+C$(/I0 WH(T -/=I(C+S -; THIS C-3+TI- SH($$ H(3+ %+/9(+T -%+/(TI-. S+CTI- !. Be it ordained by the =ele*ates of the people of orth Carolina in Convention assembled and it is hereby ordained by the authority of the same That the followin* ordinances passed by this Convention shall be of permanent operation and be irrepealable by the 0eneral (ssembly namelyK f
I. (n -rdinance to dissolve the nion between the State of orth Carolina and the other States united with her under the compact of *overnment entitled :the Constitution of the nited States.: II. (n -rdinance definin* treason a*ainst the State. III. (n -rdinance to ratify the Constitution of the %rovisional 0overnment of the Confederate States of (merica. I3. (n -rdinance to ratify the Constitution of the Confederate States of (merica. 3. (n -rdinance to amend the fourth section of the fourth (rticle of the amendments to the Constitution. 3I. (n -rdinance in relation to ta5ation 3II. (n -rdinance to secure to certain officers and soldiers the ri*ht to vote. 3III. (n -rdinance in relation to ta,in* the yeas and nays in the 0eneral (ssembly. IL. (n -rdinance to amend the second section of the fourth (rticle of the amendments to the Constitution. L. (n -rdinance in relation to elections of the Senate.
LI. (n -rdinance concernin* the election of 0overnor. LII. (n -rdinance to allow certain persons to vote for 0overnor in any other County than that in which they reside. S+C. F. Be it further ordained That all other ordinances and resolutions passed by this convention at any of its sessions shall have the force and effect only of acts of the ordinary $e*islature and may be repealed or modified at the pleasure of the 0eneral (ssembly in the same manner and to the same e5tent that public statutes are liable to repeal or modification. %assed and ratified in open Convention on the !4th day of 9ay (. =. !"#F. Footnote ""
Con*ressman 9c;addenK :I hope that is the case but I may say to the *entleman that durin* the sessions of this +conomic Conference in $ondon there is another meetin* ta,in* place in $ondon. We were advised by reports from $ondon last Sunday of the arrival of 0eor*e $. Harrison 0overnor of the ;ederal /eserve Ban, of ew or, and we were advised that accompanyin* him was 9r. Crane the =eputy 0overnor and &ames %. Warbur* of the )uhn $oeb ban,in* family of ew or, and
Hambur* 0ermany and also 9r. -. 9. W. Spra*ue recently in the pay of 0reat Britain as chief economic and financial adviser of 9r. orman 0overnor of the Ban, -f +n*land and now supposed to represent our Treasury. These men landed in +n*land and rushed to the Ban, of +n*land for a private conference ta,in* their lu**a*e with them before even *oin* to their hotel. We ,now this conference has been ta,in* place for the past 4 days behind closed doors in the Ban, of +n*land with these *entlemen meetin* with heads of the Ban, of +n*land and the Ban, for International Settlements of Basel Swit6erland and the head of the Ban, ;rance 9r. 9aret. They are discussin* war debtsJ they are discussin* stabili6ation of e5chan*es and the ;ederal /eserve System I may say to the 9embers of the House. The ;ederal reserve System headed by 0eor*e $. Harrison is our premier who is dealin* with debts behind the closed doors of the Ban, of +n*landJ and the nited States Treasury is there is there represented by -. 9. W. Spra*ue who until the last ! days was the representative of the Ban, of +n*land and by 9r. &ames %. Warbur* who is the son of the principal author of the federal /eserve (ct. 9any thin*s are bein* settled behind the closed doors of the Ban, of +n*land by this *roup. o doubt this *roup were pleased to hear that yesterday the Con*ress
passed amendments to the ;ederal /eserve (ct and that the %resident si*ned the bill which turns over to the ;ederal /eserve System the complete total financial resources of money and credit in the nited States. (pparently the domination and control of the international ban,in* *roup is bein* stren*thened.... We are bein* led by the international &ews operatin* throu*h 0reat Britain and the Ban, of +n*land and it is the purpose of those who are directin* and cooperatin* that debts be reduced to ! percent or canceled entirely.... Then there is &ames %. Warbur* who was called in by the %resident and who has sat in on all of the conferences here in Washin*ton participated in by the forei*n representatives recently and he is the financial adviser at the +conomic Conference and at the conferences in the Ban, of +n*land to which I have referred. 9r. Warbur* you undoubtedly ,now is the head of the international &ewish financial *roup who were lar*ely responsible for the loanin* abroad of the vast billions of dollars by the people of the nited States and which loans are now fro6en. We must not overloo, the fact however that &. %. 9or*an P Co. were close seconds in these transactions and in connection with this I wish to point out that 0eor*e $. Harrison 0overnor of the ;ederal /eserve Ban, of ew or, is closely
identified with the 9or*an House in all of the underta,in*s internationally in which the ;ederal /eserve ban,s participated. Con*ressional /ecord &une !E !<4E (t that time a man named &acob Schiff came to this country as the a*ent of certain forei*n money lenders. His mission was to *et control of (merican railroads. This man was a &ew. He was the son of a rabbi. He was born in one of the /othschilds's houses in ;ran,fort 0ermany. He was a small fellow with a pleasant face and if I remember correctly his eyes were blue. (t an early a*e he set out from ;ran,fort to see, his fortune and went to Hambur* 0ermany. (t Hambur* he entered the Warbur* ban,in* establishment. The Warbur*s of Hambur* are ban,ers of lon* standin* with branches in (msterdam and Sweden..... Sometime before Schiff's arrival there was a firm of &ewish peddlers or merchants in $afayette Ind. by the name of )uhn P $oeb. I thin, they were there about !". %robably they made money out of the new settlers who passed throu*h Indiana on their way to the orthwest. This firm of &ews had finally moved to ew or, and had set themselves up as private ban,ers and had *rown rich. &acob Schiff married Teresa $oeb and became the head of )uhn $oeb P Co. Schiff made a *reat deal of money here for
himself and for the &ewish money lenders of $ondon. he be*an to *ive orders to %residents almost as a matter of course. He appears to have been a man who would stop at nothin* to *ain his own ends. I do not blame him for bein* a &ew. I blame him for bein* a trouble ma,er. /ussia had a powerful enemy in this man &acob Schiff. The people of the nited States were to believe that this enmity of his was caused by wron*s done to /ussian &ews. I loo, elsewhere for the motives which animated him. In the !"<'s Schiff was the a*ent in this country of +rnest Cassell and other $ondon money lenders. These money lenders were loo,in* forward to a war between +n*land and /ussia and were ma,in* preparations for propa*anda desi*ned to support +n*land in the nited States. This country was then a debtor nation payin* a hi*h yearly tribute to Schiff and his principals. Schiff accordin*ly too, it upon himself to create a pre8udice in the nited States a*ainst /ussia. He did this by presentin* the supposed wron*s of the /ussian &ews to the (merican public. npleasant tales be*an to appear in print. School children in this country were told the &ewish children were crippled for life by /ussian soldiers wieldin* the ,nout. By unfair means a wed*e was driven
between /ussia and the nited States. -ne of Schiff's schemes was a sort of wholesale importation of /ussian &ews into the nited States. He drew up divers and sundry re*ulations for the temporary transplantation of these &ewish emi*rants. He would not he said have them enter this country throu*h the port of ew or, because they mi*ht li,e ew or, too well to leave it for the outposts he had selected for them. He said it would be best to have them come in at ew -rleans and to have them stay there F wee,s :so that they could pic, up a few words of +n*lish and *et a little money: before settin* off for what he called the :(merican hinterland.: How they were to *et the money he did not say. (ided by Schiff and his associates many /ussian &ews came to this country about that time and were naturali6ed here. ( number of these naturali6ed &ews then returned to /ussia. pon their return to that country they immediately claimed e5emption there from the re*ulations of domicile imposed on &ewsJ that is they claimed the ri*ht to live on purely /ussian soil because they were (merican citi6ens or :an,ee: &ews. =isorders occurred and were e5ploited in the (merican press. /iots and bombin*s and assassinations for which somebody furnished money too, place. The perpetrators of these outra*es
appear to have been shielded by powerful financial interests. While this was *oin* on in /ussia a shameless campai*n of lyin* was conducted here and lar*e sums of money were spent to ma,e the *eneral (merican public believe that the &ews in /ussia were a simple and *uileless fol, *round down by the /ussians and needin* the protection of the *reat benefactor of all the worldncle Sam. In other words we were deceived. We were so deceived that we allowed them to come in here and to ta,e the bread out of the mouths of our own (merican citi6ens. I come now to the time when war was declared between /ussia and &apan. This was bou*ht about by a s,illful use of &apan so that +n*land would not have to fi*ht /ussia in India. It was cheaper and more convenient for +n*land to have &apan fi*ht /ussia than to do it herself. (s was to be e5pected Schiff and his $ondon associates financed &apan. They drew immense quantities of money out of the nited States for that purpose. The ban,*ound for the loans they floated in this country had been s,illfully prepared. The :sob stuff: of which Schiff was a master had sun, into the hearts of sympathetic (mericans. The loads were a *reat success. 9illions of (merican dollars were sent to &apan by Schiff and his $ondon associates. +n*land's stran*lehold on India was
made secure. /ussia was prevented form enterin* the )hyber %ass and fallin* on India from the northwest. &apan at the same time was built up and became a *reat world power and as such is now facin* us in the %acific. (ll this was accomplished by control of the or*ans of (merican publicity releases to the effect that /ussian &ews and :an,ee: &ews were bein* persecuted in /ussia and by the sellin* of &apanese war bonds to (merican citi6ens. While the /usso&apanese War was in pro*ress %resident Theodore /oosevelt offered to act as peacema,er and a conference between representatives of the belli*erents was arran*ed to ta,e place at %ortsmouth .H. When the %ortsmouth Conference too, place &acob Schiff attended it and used such influence as he had with Theodore /oosevelt to win favors for &apan at the e5pense of /ussia. His main ob8ect then as always was humiliation of /ussians whose only crime was that they were /ussians and not &ews. He endeavored to humiliate the /ussians but Count Witte the /ussian plenipotentiary did not allow him to succeed in this attempt. Schiff's power and the power of his or*ani6ed propa*anda were well understood by Count Witte however. Consequently he was not surprised when %resident /oosevelt who was often deceived twice as,ed him to have /ussia treat /ussian &ews who had become
naturali6ed in the nited States and who had thereafter returned to live in /ussia with special considerationJ that is not as &ews but as (mericans. Witte carried home a letter from /oosevelt embodyin* this plea. 9r. Spea,er the restrictions upon &ews in /ussia at that time may or may not have been onerous. But onerous or not before the /ussians had time to chan*e them Schiff had the " yearoldtreaty of friendship and *ood will between /ussia and the nited States denounced. Spea,in* of this matter Count Witte says in his autobio*raphyK :The /ussians lost the friendship of the (merican people.: 9r. Spea,er I cannot believe that those peoplethe real /ussians ever lost the true friendship of the (merican people. They were done away with to suit the ambitions of those who intend to be the financial masters of the world and some of us were deceived into thin,in* that in some mysterious way they themselves were to blame. The chasm that suddenly opened between ourselves and our old friends and wellwishers in /ussia was a chasm created by Schiff the vindictive in his inhuman *reed and he created it in the name of the &ewish reli*ion.... 9r. Spea,er the people of the nited States should not permit financial interests or any other
special interests to dictate the forei*n policy of the nited States 0overnment. But in this connection history is now repeatin* itself. ou have heard no doubt of the so called persecutions of &ews in 0ermany. 9r. Spea,er there is no real persecution of &ews in 0ermany. Hitler and the Warbur*s the 9endelssohns and the /othschilds appear to be on the best of terms. There is no real persecution of the &ews in 0ermany but there has been a pretended persecution of them because there are F unwanted Communistic &ews in 0ermany lar*ely 0alician &ews who entered 0ermany after the World War and 0ermany is very an5ious to *et rid of those particular Communistic &ews. The 0ermans wish to preserve the purity of their own blond racial stoc,. They are willin* to ,eep rich &ews li,e 9a5 Warbur* and ;ran6 9endelssohns whose families have lived in 0ermany so lon* that they have acquired some 0erman national characteristics. But the 0ermans are not willin* to ,eep the 0alician &ews the pstarts. So a *reat show is put on lar*ely by 0erman &ews themselves in the hope that ncle Sam will prove himself to be as foolish as he was before and that we will allow those 0alician and Communistic &ews to come in here. That is why 9iss %er,in* has been placed in char*e of the =epartment of $abor. She is there to lower the immi*ration bars. It is thou*ht that
bein* a woman she may disarm criticism. She is and old hand with the international &ewish ban,ers. If she were not she would not be here in a &ewishcontrolled administration. When the socalled :antiSemitic campai*n: desi*ned for (merican consumption was launched in 0ermany ;rance was alarmed because she feared the 0alician &ews mi*ht be dumped on ;rench soil. ;rench newspapers published articles concernin* the menace but now that ;rance has been shown that the purpose of the antiSemitic campai*n is to dump the F communistic &ews on the nited States she is worried no lon*er. :(h: she says :!'-ncle Sam he is to be the *oat. 3ery *ood.: 9r. Spea,er I re*ard it as a pity that there are (mericans who love to fawn upon the money &ews and to flatter them. Some of these unfortunates are under obli*ations to &ewish money chan*ers and dare not cross them.... ou have witnessed the unlawful sei6ure by ;ran,lin =. /oosevelt of *old reserves and other values belon*in* to the people of the nited States the destruction of ban,s the attempted whitewashin* of the ;ederal /eserve Board and ;ederal /eserve ban,s the corruption of which he admitted in his campai*n haran*uesJ and you may have noticed that what was confiscated is not in the hands of the
present constitutional 0overnment but in the hands of the international ban,ers who are the nucleus of the new *overnment /oosevelt is see,in* to establish here. /oosevelt's actions are not in accordance with the Constitution of the nited States. They are in accordance with the plans of the Third International. (t one time Trot6,y was a favorite with &acob Schiff. =urin* the war Trot6,y edited ovy 9ir and conducted mass meetin*s in ew or,. When he left the nited States to return to /ussia he is said upon *ood authority to have traveled on Schiff's money and under Schiff's protection. He was captured by the British at Halifa5 and immediately on advice from a hi*hly placed persona*e set free. Shortly after his arrival in /ussia he was informed that he had credit in Sweden at the Swedish branch of the ban, owned by 9a5 Warbur* of Hambur*. This credit helped to finance the sei6ure of the /ussian revolution by the international &ewish ban,ers. It assisted them in subvertin* it to their own ends. (t the present time the Soviet nion is in debt. ;rom the date of Trot6,y's return to /ussia the course of /ussian history has indeed been *reatly affected by the operations of international ban,ers. They have acted throu*h 0erman and +n*lish institutions and have ,ept /ussia in bonda*e to themselves. Their
relatives in 0ermany have drawn immense sums of money from the nited States and have in turn financed their a*ents in /ussia at a handsome profit. The Soviet 0overnment has been *iven nited States Treasury funds by the ;ederal /eserve ban,s actin* throu*h the Chase Ban, and the 0uaranty Trust Co. and other ban,s in ew or, City. +n*land no less than 0ermany has drown money from us throu*h the ;ederal /eserve ban,s and has relent it at hi*h rates of interest to the Soviet 0overnment or has used it to finance her sales to Soviet /ussia and her en*ineerin* wor,s within the /ussian boundaries. The =nieperstroy =am was built with funds unlawfully ta,en from the nited States Treasury by the corrupt and dishonest ;ederal /eserve Board and the ;ederal /eserve ban,s.... 9r. Spea,er an immense amount of nited States money has been used abroad in preparations for war and in the acquisition and the manufacture of war supplies. 0ermany is said to be part owner of a lar*e poison*as factory at Troits, on /ussian soil. China is almost completely Sovieti6ed and in the (siatic interior hu*e stoc,s of munitions are said to be stored awaitin* the day when the war lords of the nited States will ship nited States troops to (sia. 9r. Spea,er the nited States should loo, before it leaps into another war especially a war in (sia. It should decide
whether it is worth while to 8oin hands with /ussia and China in a war a*ainst &apan. ;or myself I say and I have said it often that the nited States should remember 0eor*e Washin*ton's advice. It should mind its own business and stay home. It should not permit the &ewish international ban,ers to drive it into another war so that they and their 0entile fronts and sycophants by way of $ouis 9cHenry Howe the *raftmaster may reap rich profits on everythin* an army needs from toilet ,its to airplanes submarined tan,s *as mas,s poison *as ammunition bayonets *uns and other paraphernalia and instruments of destruction. Con*ressional /ecord &une ! !<4E Con*ressman 9c;addenK :The Con*ress of the nited States must immediately throw the searchli*ht of investi*ation into this dar, corner or we are *oin* to be swamped with political influences that are manufactured in forei*n countries and that will lead us to the surrender of our herita*e of livin* 8ust as has been done on former occasions. &ust as we did for e5ample when we entered into the &ay Treaty with +n*land which was ratified on &une FE !G< whereby we needlessly surrendered our ri*ht to the freedom of the seas. We fou*ht the War of !"!F to re*ain this ri*ht but the same political influences prevented even a
discussion of this sub8ect at the treaty which terminated that war. %resident Wilson vowed to re*ain the freedom of the seas at the Treaty of 3ersaillesJ but did we re*ain it@ Is the &ay Treaty still in force@:.... :I stand here and say to you that I have studied these records and not only did we adopt this monetary policy without debate not only did we adopt it without consideration but we adopted it without even ,nowled*e of what we were doin*? It was a piece of le*islative tric,eryJ it was a piece of wor, in the committee that was silent and secretive. +ven members of the committee did not ,now what was bein* done accordin* to their own declarations. The %resident and 9embers of the House did not ,now they were actin* on such a measure. But as I have said before the shadow of the hand of +n*land rests over this enactment.: Con*ressional /ecord &anuary " !<4E Con*ressman oun*K :-ld Hic,ory was a *reat soldier. His victory at ew -rleans is one of the most remar,able battles in history. The +n*lish army outnumbered &ac,son's forces. The (merican losses were !4. In half an hour the +n*lish had lost F# men includin* their commander Sir +dward %a,enham a brotherinlaw of the =u,e of Wellin*ton.:
Con*ressional /ecord &anuary " !<4E Con*ressman ;iesin*erK :ou will recall the *entleman spo,e about %rofessor Spra*ue who was in the Treasury =epartment as adviser to the Treasury after he came as adviser for the Ban, of +n*land. He was also monetary adviser to the +conomic Conference in $ondon.:..... Con*ressman ;iesin*erK :I was 8ust *oin* to remar, that very thin* that the power to :coin and fi5 the value of money: is solely within the power of the Con*ress of the nited States and it cannot be dele*ated to anybody else in the world.: Con*ressman 9c;addenK :Will the *entleman yield further@: Con*ressman ;iesin*erK : I do.: Con*ressman 9c;addenK :What does the *entleman say in re*ard to the dele*ation of that power to the ;ederal /eserve System@:.... Con*ressman ;iesin*erK :I say it is ille*al. I say it is unconstitutional as far as it affects the value of basic money. %ower to control credits may be in a different class.: Con*ressman 9c;addenK :The *entleman reco*ni6es that that was done does he not@: Con*ressman ;iesin*erK :Well I thin, I reco*ni6e that factJ but it may be that Con*ress intended to dele*ate ban,in* and credit control and not the control of the basic money values.:
Con*ressman 9c;addenK : The ;ederal /eserve System has the power to issue ;ederal /eserve notes which circulate as money@: Con*ressman ;iesin*erK :It has. -f course they are promises to pay. They are credits or I - 's of the ban,.: Con*ressman 9c;addenK :(nd that power was dele*ated by Con*ress in the ;ederal /eserve (ct.: Con*ressman ;iesin*erK :es sirJ with the intent to re*ulate the volume of credit.: Con*ressman 9c;addenK :(nd is bein* pursued by them which *ives the ;ederal /eserve System control over the money and credit in the nited States.:.... Con*ressman 9ottK :What does the *entleman say about the dele*ation by Con*ress to the %resident to fi5 the value of money under the farm bill@: Con*ressman ;iesin*erK :I thin, it was ille*al and the %resident did not want it. It was forced upon him. He never as,ed to have the amendment attached to the farm bill. It was forced upon him and he is e5ercisin* the power because he was forced to e5ercise itJ a power that he never wanted and I say it is all ille*al and unconstitutional.:.... Con*ressman 9c;addenK :If the *entleman has been familiar with the activities of =r. Spra*ue over the history of the ;ederal /eserve System he well ,nows that =r. Spra*ue has been in all of the conferences practically between the Ban, of +n*land officers of the
;ederal /eserve ban, in ew or, and other central ban,s which have had for their purpose the dealin* with national and international price levels. That was one of the functions that he was e5ercisin* as e5pert adviser of the Ban, of +n*land.: Con*ressman ;iesin*erK : ow I understand that =r. Spra*ue at the $ondon conference was willin* to pe* the dollar to the British pound at Z4. and if he had done that the price levels in (merica would have been in the control of the Ban, of +n*land and it would have been so low it would have wrec,ed our national economy.: Con*ressman $amnec,K :Will the *entleman please insert at this point what =r. Spra*ue said about who should control the price level@: Con*ressman ;iesin*erK :I may sayI did not e5pect to answer that question but =r. Spra*ue in a conference he had stated he believed that the value of *old should be controlled by the British because they were more competent from ban,in* e5perience so to do.:
favorin* four $ondon *old bro,ers@ Why should the nited States set a price of Z4 and pay 0reat Britain an increase of Z!E.44 on ever ounce of *old@ This is interestin* when you consider that three fourths of all the *old produced in the world is produced in the British +mpire. =id we do this because 0reat Britain demanded it@ Is it possible that this Z!E.44 profit to 0reat Britain on every ounce of *old shipped into the nited States is for settlement of a debt that the nited States owes to 0reat Britain@ Con*ressional /ecord ;ebruary F !<4E
Con*ressional /ecord &anuary " !<4E
Con*ressman 9c;addenK : I am quotin* from the %resident's messa*e to Con*ress on this very measure. I quoteK :That the title of all *old be in the 0overnment. The total stoc, will serve as a permanent and fi5ed metallic reserve which will chan*e in amount only as far as necessary for the settlement of international balances or as may be required by future a*reement amon* nations of the world for a redistribution of the world stoc, of monetary *old.:....
Con*ressman 9c;addenK :Why should the nited States be buyin* *old and payin* Z4 and ounce for it@ Why Should the nited States be ma,in* 0reat Britain a present of Z!E.44 and ounce on the hundreds of millions of dollars of British *old that is bein* shipped to the nited States throu*h this process be
Con*ressman 9c;addenK :I say a*ain what I have repeatedly said that there is a definite plan for the redistribution of the *old of this country and of the world's *old. The plan has been ,nown ever since the establishment of the Ban, for International Settlements that throu*h that medium or one similar
to it eventually the redistribution of *old would ta,e place.: Con*ressional /ecord &anuary F !<4E Con*ressman 9c;addenK :The *entleman of course is aware of the fact that the Council of the ;ederation of Churches of Christ is an offshoot of the Carne*ie ;oundation which is operatin* in this country as a Britishpropa*anda or*ani6ation tied up with all of the other subversive or*ani6ations which are tryin* to hold down proper preparedness in the nited States. N(pplauseO Con*ressional /ecord &anuary 4 !<4E Con*ressman WeidemanK :So the paramount issue of today is thisK Shall the 0overnment of the nited States be run for the benefit of the international ban,ers or shall the citi6ens of the nited States be *iven the ri*ht to :life liberty and the pursuit of happiness:@ Shall we replace the Statue of $iberty with the *olden statue erected to the *od of *reed@ Shall we for*et that the only time our Saviour used force was when he drove the money chan*ers from the temple@ $et us reestablish the principle that we all believe inK That all men are entitled to a ri*ht to wor, to own their own homes to reap a 8ust reward for their labors and to en8oy nature's sunshine as 0od intended. We owe it to our children that we shall not depart
and leave them in a condition of bonda*e and slavery to or*ani6ed *reed and *old.:..... Con*ressman $em,eK :....This nation is ban,ruptJ every State in this nion is ban,ruptJ the people of the nited States as a whole are ban,rupt. The public and private debts of this ation which are evidenced by bonds mort*a*es notes or other written instruments about to about ZF and it is estimated that there is about Z of which there is no record ma,in* in all about Z4 of public and private debts. The total physical cash value of all the property in the nited States is now estimated at about ZG. That is more than it would brin* if sold at public auction. In this we do not include debts or the evidence of debts such as bonds mort*a*es and so fourth. These are not physical property. They will have to be paid out of the physical property. How are we *oin* to pay Z4 with only ZG@: Con*ressional /ecord 9arch 4 !<4E Con*ressman 9c;addenK :In view of what the *entleman has 8ust said recall that Theodore /oosevelt the year that he passed on made a statement to the effect that ;eli5 ;ran,furter is the most dan*erous man in the nited States to our form of *overnment.:
Con*ressional /ecord 9arch !4 !<4E Con*ressman 9c;addenK :...It is ri*ht in line with the plan which is now bein* wor,ed out in +n*land. I want to point out to the House that there is a concerted movement not only in +n*land but in the nited States. In the nited States this movement is in char*e of certain men now en*a*ed in writin* le*islation in =epartment of (*riculture. I refer to 9r. Tu*well 9r. 9ordecai +6e,iel and 9r. ;ran, and their immediate associates some of whom are in other departments and some of whom are outsideJ and I may even *o so far as to say that they are aided and abetted in this matter apparently by the Secretary of (*riculture. Their action in this matter is also assisted and aided throu*h the a*ency of the ;orei*n %olicy (ssociation of the nited States which is directly connected with the ;abian Society or a branch of it in +n*land which at the present time is attemptin* to ta,e over the control of a*riculture and its operation in +n*land as well as the industries therein located. I call your especial attention to the recent article (merica 9ust Choose by Secretary of (*riculture Wallace a syndicated article put out under the auspices of the ;orei*n %olicy (ssociation of ew or, and copyri*hted by them. This article is quite in ,eepin* with the plan of the British offsprin* of the ;abian
*roup. -ne of the stalwarts a*ainst the move in +n*land is Stanley Baldwin. 9r. Baldwin issued a statement which was printed in the nited States recently. It was a statement made over the radio and if I have time I will read it to you because he is standin* today a*ainst the movement in +n*land that I am spea,in* a*ainst now and that movement is evidenced by this le*islation and any other ,ind of le*islation followin* which have for their purpose the re*imentin* of all production in the nited States leadin* up to an absolute dictatorship. The quotation I refer to from 9r. Baldwin is as followsK :-ur freedom did not drop down li,e manna from heaven. It has been fou*ht for from the be*innin* of our history and the blood of men has been shed to obtain it. It is the result of centuries of resistance to the power of the e5ecutive and it has brou*ht us equal 8ustice trial by 8ury freedom of worship and freedom of reli*ious and political opinion. =emocracy is far the most difficult form of *overnment because it requires for perfect functionin* the participation of everybody. =emocracy wants constant *uardin* and for us to turn to a dictatorship would be and act of consummate cowardice of surrender of confession that our stren*th and coura*e ali,e had *one.
It is quite true the wheels of our state coach may be crea,in* in heavy *round but are you sure the wheels of the coach are not crea,in* in 9oscow Berlin and 3ienna and even in the nited States@ The whole tendency of a dictatorship is to squee6e out the competent and independent man and create a hierarchy accustomed to obeyin*. Chaos often results when the ori*inal dictator *oes. The rise of communism or fascismboth ali,e believe in force as a means of establishin* their dictatorshipwould ,ill everythin* that had been *rown by our people for the last " or ! years.: The plan in +n*land to which I am referrin* is the :political economic plan: drawn up by Israel 9oses Schiff the director of a chain store enterprise in +n*land called 9ar,s P Spencer. This enterprise declared a dividend of E percent for !<44 and was enabled to do so by the fact that it has until now handled almost e5clusively all imports from Soviet /ussia which has enabled this house to undersell competitors..... The political economic plan is in operation in the British 0overnment by the means of a tariff advisory board. This or*ani6ation has *athered all data and statistics obtained by *overnmental and private or*ani6ation in
administrative industrial trade social educational a*ricultural and other circles. (irforce statistics are in their hands as well as those of the law and medical professions. this or*ani6ation or *roup have had access to all archives of the British 0overnment 8ust as the :brain trust: here in the nited States have had access to archives of our 0overnment departments. Throu*h the tariff advisory board which was created in ;ebruary of !<44 and headed by Sir 0eor*e 9ay the control of industry and trade is bein* firmly established in the British +mpire. This tariff advisory board wor,s in direct connection with the Treasury and to*ether with it devises the tariff policy. In this bill and the tariff bill which follows it is proposed to set up 8ust such a board under the direction of the %resident as the tariff advisory board of +n*land. The tariff board in +n*land has been *ranted the powers of a law court and can e5act under oath that all information concernin* industry and trade be *iven it. Iron and steel as also cotton and industrials in +n*land have been ordered by the tariff advisory board to prepare and submit plans for the reor*ani6ation of their industries and warned that should they fail to do so a plan for complete reconstruction would be imposed upon them. 9ay I su**est to you the similarity of this plan
with the ./.(. and also su**est to you that the tariff advisory board in +n*land has been *ranted default powers and can therefore impose its plan. The tariff board is composed in addition to Sir 0eor*e 9ay of Sir Sidney Chapman professor of economics and statistics and Sir 0eor*e (llen %owell of the British ;ood Board and ;ood Council. (nd it is a well,nown fact that this particular political economic *roup has close connection with the ;orei*n %olicy (ssociation in ew or,. I wish to quote from a letter from a correspondent of mine abroad as followsK :It appears that the alle*ed :brain trust: is supposed to *reatly influence the present nited States policy. either you nor I are particularly interested in what ta,es place in +n*land but what should interest us both it seems to me is that there is a stron* possibility that certain members of the :brain trust: around our %resident are undoubtedly in touch with this British or*ani6ation and possibly are wor,in* to introduce a similar plan in the nited States. I understand the :brain trust: is lar*ely composed of %rofessor ;ran,furter %rofessor 9oley %rofessor Tu*well (dolph Berle William C. Bullitt and the mysterious 9ordecai +6e,iel. I
thin, there is no doubt that these men all belon* to this particular or*ani6ation with distinct Bolshevi, tendencies. So it is quite possible that should this political economic plan be developed in the nited States if this alle*ed :brain trust: has really a serious influence over the 8ud*ement of our %resident this plan may be attempted in our country.: eed I point out to you who have been observin* the activities of the socalled :brain trust: in the writin* and sendin* to the Con*ress of le*islation that this le*islation has for its purpose the virtual settin* up in the nited States of a plan similar to that which is bein* wor,ed out in +n*land. I am assured by serious people who are in a position to ,now that this or*ani6ation practically controls the British 0overnment and it is the opinion of those who do ,now that this hi*hly or*ani6ed and well financed movement is intended to practically Sovieti6e the +n*lish spea,in* race. I wish to quote a*ain from my correspondent as followsK Some F months a*o when $srael 9oses Sieff the present head of this or*ani6ation was ur*ed to show more activity by the members of his committee he said :$et us *o slowly for a while and wait until we see how our plan carries out in (merica.::
Con*ressional /ecord 9arch ! !<4E Con*ressman %atmanK :....( ;ederal /eserve ban, has a *reat privile*e. It has the ri*ht to issue a blan,et mort*a*e on all the property of all the people of this country. It is called a ;ederal /eserve note. ;or that privile*e section !# of the act provides that when the 0overnment prints a ;ederal /eserve note and *uarantees to pay that note and delivers it to a ;ederal /eserve ban, that ;ederal /eserve ban, shall payit seems to be mandatorythe rate of interest that is set by the ;ederal /eserve Board. The law has never been put into effect. The ;ederal /eserve Board sets the 6ero rate. Instead of char*in* an interest rate which the law says they shall char*e they set no rate at all. Therefore for the use of this *reat 0overnment credit these blan,et mort*a*es that are issued a*ainst all the property of all the people of this ation and a*ainst the incomes of all the people of this ation they do not pay one penny. ot one penny of the stac, of the ;ederal /eserve ban,s is owned by the 0overnment or the people but it is owned by private ban,s e5clusively. They do not pay one penny for the use of that *reat privile*e to the people or to the 0overnment.: Con*ressional /ecord (pril < !<4E Con*ressman 9c;addenK :....Whereas the lobbyin* activities
of the said British (mbassador Sir /onald lindsay carried on in the halls of the Capitol at the British +mbassy in the houses of citi6ens of the nited States in the offices of predatory international ban,ers on shipboard on the trains and elsewhere have for their purpose the ta,in* from the nited States Treasury of assets which it is the sworn duty of this 0overnment to protect by every means within its power not stoppin* short of war if need beJ and whereas the said $inday's lobbyin* activities li,ewise have for their purpose the defeat of measures enacted into law by the 0overnment of the nited States to insure the repayment of moneys advanced to 0reat Britain on her written promise to repay themJ and whereas the lobbyin* activities of Sir /onald $indsay li,ewise have for their ob8ect the overthrow of the 0overnment of the nited States and its reor*ani6ation as a part of the British +mpireK.... Con*ressional /ecord &une !E !<4E
THE U'ITED STTES IS STILL B3ITISH C!L!'< 83T 2 5ill the real go4ern1ent 7lease stand u7
<77
(fter writin* British Colony parts ! P F I was ama6ed how some people react when confronted with information that *oes a*ainst their prior pro*rammin*. It is as if to even consider the possibility that their belief system may be incorrect was a threat to their mental well bein*. They were *oin* to deny any truth that threatens their belief structure. The *ood news is those with such a reaction were of the
minority. This is promisin* because it shows (mericans can still thin, past years of incomplete teachin* concernin* our history. Those in the ne*ative believe the information had to be bo*us and they could not believe the *overnment could wron* them. So this third part is for them to show them that *overnment has and does lie to them and violates their trust on ma8or issues. (s always this information and supportin* documents are *iven so the reader can form their own opinion. -ther writers I will mention one since he uses a pen name the Informer has also done e5tensive research on this sub8ect and has been forced to come to the same conclusions. 1Chec, out the latest wor, of the Informer his new boo, called TH+ +W HIST-/ -; (9+/IC(.2 The information the Informer and I have found is so clear and undeniable even the doubtin* thomas' will have to face reality. ot to ma,e us ri*ht but for (merica to become aware of lost history that neither of us formed but are willin* to be critici6ed in its reportin* to correct *reat error. :uide to the Footnotes6
!. Muotes on the fraudulent ramification of the !Eth. (mendment. F. Tulane $aw /eview vol. F" !<4 The =ubious -ri*in -f The
;ourteenth (mendment by Walter &. Suthon &r. 4. /econstruction (ct of 9arch F !"#G. E. /econstruction (ct of 9arch !! !"#". . /econstruction (ct of 9arch F4 !"#G. #. /econstruction (ct of &uly !< !"#G. G. %resident $incoln's %roclamation of (mnesty P /econstruction. ". 3eto messa*e by %resident &ohnson 9arch F !"#G. <. 0en. -rders o. ! by %resident $incoln (pril FE !"#4. !.Court cases on Conquest and 9ilitary -ccupation. !!.$etter I wrote to a local sheriff (u*ust FG !<<. !F.ew &ersey's removal of their ratification of the !Eth (mendment. !4.+5pose the fraud the only available remedy e5ample. !E.(ddendum
I will be*in with the touch stone of the patriot community the ;ourteenth (mendment. +veryone ,nows about the citi6enship issue. I raised another issue concernin* the Eth section of the ;ourteenth (mendment in British Colony part ! and issues re*ardin* sec. 4 in court documents found in ;ootnote !4. =oubtin* thomas' thin, this is a conspiracy theory. In the new propa*anda movie called :Conspiracy Theory: the
establishment wants you to thin, that anyone that believes there is someone behind the scenes callin* the shots is mentally unbalanced. What the doubtin* thomas' do not reali6e is this is a bi* pu66le and is hard to reco*ni6e and can be incorrectly viewed. The bi**est problem is it can be put to*ether more than one way totally chan*in* its appearance and outcome. The doubtin* thomas' may say how is it you thin, you have the correct pieces@ 9y answer is I shoot a lot of archery in archery you shoot for the bullseye not the less important areas outside the bullseye. ou have to stay focused on what are the core issues not the side issues7collateral issues where valuable time is lost. I conduct my research in this way. Two I rely on 0od (lmi*hty to ,eep me pointed in the ri*ht direction. Three I always tell you not to ta,e my word without chec,in* the sub8ect out for yourself. 9ost people if pla*ued with a recurrin* headache ta,e a pain reliever and the headache appears to *o away. When in fact all you have done is deal with a symptom that caused the headache. ou have not dealt with the cause. 9any patriots today are dealin* with the symptoms li,e ta5es drivin* v. travelin* and the 6ipcode etc. etc. (ll are important issues and have their place but they are not the root cause of our problem. ntil the cause of the affliction is researched e5posed and then removed nothin* will chan*e.
The lawful de 8ure united States *overnment which was created by the !G"G Constitution7Treaty between the States was made null and void by the fraudulent Con*ress that passed the ;ourteenth (mendment. This is a bold and broad statement but I will prove it. :When therefore Te5as became one of the nited States she entered into an indissoluble relation. (ll the obli*ations of perpetual union and all the *uarantees of republican *overnment in the nion attached at once to the State. The act which consummated her admission into the nion was somethin* more than a compactJ it was the incorporation of a new member into the political body. (nd it was final. The union between Te5as and the other States was as complete as perpetual and as indissoluble as the union between the ori*inal States. There was no place for reconsideration or revocation e5cept throu*h revolution or throu*h consent of the States.: =yett v. Turner E4< pFd F## [ F#< F Fd E4 :/onsidered therefore as transactions under the /onstitution, the ordinance of secession, adopted by the convention and ratified by a majority of the citi#ens of exas, and all the acts of her legislature intended to give effect to that ordinance, were absolutely null. hey were utterly without operation in law. he obligations of
the 4tate, as a member of the 3nion, and of every citi#en of the 4tate, as a citi#en of the 3nited 4tates, remained perfect and unimpaired. It certainly follows that the 4tate did not cease to be a 4tate, nor her citi#ens to be citi#ens of the 3nion. If this were otherwise, the 4tate must have become foreign, and her citi#ens foreigners. he war must have ceased to be a war for the suppression of rebellion, and must have become a war for con0uest of subjugation.: =yett v. Turner E4<
pFd F## [ F#< F Fd E4
The Southern States could not lawfully cede from the nion without the other States bein* in a*reement. In the last sentence you will notice the war was either a rebellion or the States were made forei*n and conquest and military rule too, place durin* the Civil War. This is very important because of what too, place ne5t and what too, place after the Civil War and 9arch < !<44. 9arch F !"#G %resident &ohnson declared the rebellion to be over and the Southern States to be once a*ain part of the nion before the Thirteenth and ;ourteenth (mendment were passed. So the States were not forei*n they did not have to be readmitted they pic,ed up in Con*ress where they left off with the same State *overnments they had before the rebellion. If the Southern States had ceded from the nion without sanction by all the States their $e*islative (cts would
have been null and void. In other words if a State or the federal *overnment violates their corporate Charter it ma,es any subsequent law void unenforceable other than by force of arms. The followin* information should upset you *reatly and at the same time ama6e you that (mericans are totally unaware of this information. How is it in the freest country in the world and a nation that prides itself on our history could you have F plus million people i*norant of the truth and that care so little about the destruction of our country@ The information I am sharin* with you is purposely not tau*ht in the public schools. Why@ It will become clear to you that if the *overnment tau*ht this in the public schools it would cause the rebirth of (merican patriotism. (mericans would demand our former overthrown /epublican form of *overnmentJ and that the $aws of 0od (lmi*hty be adhered to. We were promised in the Constitution a /epublican form of *overnment and Ben8amin ;ran,lin when as,ed saidK you have been *iven a /epublican form of *overnment if you can ,eep it 1paraphrase2. By the la6iness and *reed of the (merican people over the years our lawful *overnment was stolen but not without our help. The Civil War was fou*ht to free the slaves and reunite the nion or so we have been told by selected history tau*ht by and throu*h the
*overnment. The slaves 8ust chan*ed masters as I have said before in other research papers and the white people enfranchised incorporated and sold themselves into slavery. Whites alon* with blac,s were made le*al fictions so they could be owned and ta5ed by the ,in*. However the only way this could be done is by destroyin* the Constitution but they had to do it in a way that no one would reco*ni6e its destruction or care than,s to the offered benefits.
'ow the 8roof.
=ecember " !"#4 %resident $incoln declared by proclamation amnesty and reconstruction for the southerners so they could be readmitted into the nion. ;ootnote DG This action alon* with what $incoln was doin* with the money is why $incoln had to be ,illed. The South could not be allowed bac, into the nion without their enfranchisement. Compare the readmittance oath in %resident $incoln's proclamation of !"#4 to the followin* oath requirement required by Con*ress under the /econstruction (cts ;ootnotes D4E and #. 2An Act to provide for the more efficient government of the rebel 4tates, passed "arch second, eighteen hundred and sixty(seven, shall cause a registration to be
made of the male citi#ens of the 3nited 4tates, twenty(one years of age and upwards, resident in each county or parish in the 4tate or 4tates included in his district, which registration shall include only those persons who are 0ualified to vote for delegates by the act aforesaid, and who shall have ta1en and subscribed the following oath or affirmation5 2I, MMMMM, do solemnly swear, ;or affirm,< in the presence of Almighty God, that I am a citi#en of the 4tate of MMMMM$ that I have resided in said 4tate for MMMMM months next preceding this day, and now reside in the county of MMMMM, or the parish of MMMMM, in said 4tate, ;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 3nited 4tates, nor for felony committed against the laws of any 4tate or of the 3nited 4tates$ that I have never been a member of any 4tate legislature, nor held any executive or judicial office in any 4tate and afterwards engaged in insurrection or rebellion against the 3nited 4tates, or given aid or comfort to the enemies thereof$ that I have never ta1en an oath as a member of /ongress of the 3nited 4tates, or as an officer of the 3nited 4tates, or as a member of any 4tate legislature, or as an executive or judicial officer of any 4tate, to support the /onstitution of the 3nited 4tates, and afterwards engaged in insurrection or rebellion against the 3nited 4tates or given aid or
comfort to the enemies thereof$ that I will faithfully support the /onstitution and obey the laws of the 3nited 4tates, and will, to the best of my ability, encourage others so to do, so help me God$2 which oath or affirmation may be administered by any registering officer.2 Reconstruction Act of "arch B%, &-D, supplement to Reconstruction Act of "arch B, &-D .
ou will note that in the above oath Con*ress creates le*al residence for anyone ta,in* the oath and that this is done by re*isterin* to vote and made a requirement in order to vote. The same le*al disability still ta,es place today when you re*ister to vote. Today you still have votin* districts in every county in the (merica. ou will also notice that the oath ma,es you declare that you were not disenfranchised by ta,in* part in the Civil War. Which means that before the Civil War (mericans were franchised citi6ens incorporated. I covered this in part !J by the States adoption of the Constitution those that lived in the States became le*al residents incorporated7enfranchised instead of Sui &uris freemen. Which was *ranted to them by the =eclaration of Independence and in orth Carolina for orth Carolinians this was reaffirmed by the !GG# orth Carolina Constitution see British Colony part F.
(lso you will see in the followin* oaths where the lan*ua*e came from for the creation of Section 4 of the ;ourteenth (mendment this lan*ua*e was also used in the !Eth (mendment oath you 8ust read. Wherein it declares that elected officials 8ud*es le*islators and police etc. cannot *ive aid and comfort to the enemy. The enemy is anyone unincorporated because the ,in* cannot le*ally ta5 you without usin* the force of admiralty. The enemy is also anyone that refuses to swear the oath to the de facto *overnment for the above reasons. The followin* is the oath *iven to those that wanted to serve in the nited States *overnment. (n act to prescribe an oath of office. &uly F !"#F 2!e it enacted, hat hereafter every person elected or appointed to any office of honor or profit under the Government of the 3nited 4tates either in the civil, military, or naval departments of the public service, excepting the Cresident of the 3nited 4tates, shall, before entering upon the duties of such office, and before being entitled to any of the salary or other emoluments thereof, ta1e and subscribe the following oath or affirmation5 2I, A !, do solemnly swear ;or affirm<, that I have never voluntarily borne arms against the 3nited 4tates since I have been a
citi#en thereof$ that I have voluntarily given no aid, countenance, counsel, or encouragement to persons engaged in armed hostility thereto$ that I have never sought nor accepted nor attempted to exercise the functions of any office whatever, under any authority or pretended authority, in hostility to the 3nited 4tates$ that I have not yielded a voluntary support to any pretended government, authority, power, or constitution within the 3nited 4tates, hostile or inimical thereto$ and I do further swear ;or affirm< that, to the best of my 1nowledge and ability, I will support and defend the /onstitution of the 3nited 4tates, against all enemies, foreign and domestic$ that I will bear true faith and allegiance to the same$ that I ta1e this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office on which I am about to enter$ so help me God$2 which said oath, so ta1en and signed, shall be preserved among the files of the /ourt, *ouse of /ongress, or =epartment to which the said office may appertain. And any person who shall falsely ta1e the said oath shall be guilty of perjury, and on conviction, in addition to the penalties now prescribed for that offense, shall be deprived of his office, and rendered incapable forever after, of holding any office or place under the 3nited 4tates .:
When the war was over %resident &ohnson declared the States readmitted to the nion and hostilities to be over. ;urthermoreJ on (pril F !"## %resident (ndrew &ohnson issued a :%roclamation: thatK :he insurrection
which heretofore existed in the 4tates of Georgia, 4outh /arolina, irginia, 7orth /arolina, ennessee, Alabama, )ouisiana, Ar1ansas, "ississippi and 8lorida is at an end, and is henceforth to be so regarded .:
%residential %roclamation o. !4 0eneral /ecords of the nited States 0.S.(. ational (rchives and /ecords Service. -n (u*ust F !"## 1!E Stat. "!E2J the %resident proclaimed that the insurrection in the State of Te5as had been completely ended and his :%roclamation:continuedK :The
insurrection
which heretofore existed in the 4tate of exas is at an end, and is to be henceforth so regarded in that 4tate, as in the other 4tates before named in which the said insurrection was proclaimed to be at an end by the aforesaid proclamation of the second day of April, one thousand, eight hundred and sixty(six.
2And I do further proclaim that the said insurrection is at an end, and that peace, order, tran0uility, and civil authority now exist, in and throughout the whole of the united 4tates of America.2
(*ain the power behind the nited States *overnment would not stand for this so Con*ress passed the /econstruction (cts ;ootnotes D4E and #. %resident &ohnson vetoed the (cts because they were unconstitutional. Below are some e5cerpts from his veto messa*e. : It is plain that the authority here given to the military officer amounts to absolute despotism. !ut to ma1e 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:. 4uch a power has not been wielded by any "onarch in 'ngland for more than five hundred years. In all that time no people who spea1 the 'nglish language have borne such servitude. It reduces the whole population of the ten 4tates( all persons, of every color, sex and condition, and every stranger within their limits( to the most abject and degrading slavery. 7o master ever had a control so absolute over the slaves as this bill gives to the military officers over both white and colored persons....2
: I come now to a 0uestion which
is, if possible, still more important. *ave we the power to establish and carry into execution a measure li1e this I answer, :/ertainly not:, if we derive our authority from the /onstitution and if we are bound by the limitations which is imposes.2.... 2...he /onstitution also forbids the arrest of the citi#en without judicial warrant, founded on probable cause. his bill authori#es an arrest without warrant, at pleasure of a military commander. he /onstitution declares that :no person shall be held to answer for a capital or otherwise infamous crime unless on presentment of a grand jury:. his bill holds ever person not a soldier answerable for all crimes and all charges without any presentment. he /onstitution declares that :no person shall be deprived of life, liberty, or property without due process of law:. his bill sets aside all process of law, and ma1es the citi#en answerable in his person and property to the will of one man, and as to his life to the will of two. 8inally, the /onstitution 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 re0uire it:$ whereas this bill declares martial law ;which of itself suspends this great writ< in time of peace, and authori#es the military to ma1e the arrest, and gives to the prisoner only one privilege, and that is trial :without unnecessary delay:. *e has no hope of release
from custody, except the hope, such as it is, of release by ac0uittal before a military commission.2 2he 3nited 4tates are bound to guarantee to each 4tate a republican form of government. /an it be pretended that this obligation is not palpably bro1en if we carry out a measure li1e this, which wipes away every vestige of republican government in ten 4tates and puts the life, property, and honor of all people in each of them under domination of a single person clothed with unlimited authority2 2....,here is a bill of attainder against @,, 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. 7ot one of the @,, was heard in his own defense. he representatives of the doomed parties were excluded from all participation in the trial. he 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 ran1 of freeman to the condition of slaves .:
3eto 9essa*e of %resident &ohnson 9arch F !"#G ;ootnote D" %resident &ohnson did not reali6e the ,in* ruled and that in !"E Con*ress declared admiralty
law to have come on land nor did he reali6e the relevance of the Insular Cases. I cover these in :( Country =efeated In 3ictory: part ! and in ;ootnote !!. -nce the 8udiciary decided to loo, the other way the =e jure Constitution's days were numbered. : As a result of these decisions, enforcement of the Reconstruction Act against the 4outhern 4tates, helpless to resist military rule without aid of the judiciary, went forward unhampered. Cuppet governments were founded in these various 4tates under military auspices. hrough these means the adoption of new state constitutions, conforming to the re0uirements of /ongress, was accomplished. )i1ewise, one by one, these puppet state governments ratified the 8ourteenth Amendment, which their more independent predecessors had rejected. 8inally, in uly &-D-, the ratifications of this amendment by the puppet governments of seven of the ten 4outhern 4tates, including )ouisiana, gave more than the re0uired ratification by three( fourths of the 4tates, and resulted in a oint Resolution adopted by /ongress and a Croclamation by the 4ecretary of 4tate, both declaring the Amendment ratified and in force .: Tulane $aw /eview
The =ubious -ri*in -f The ;ourteenth (mendment. pa*e 4# To re*ress 8ust a moment after the war after the States re8oined the
nion the representatives of the South too, their seats in Con*ress. $ater the Thirteenth (mendment was passed in Con*ress by the orthern States and the Southern States. By the !G"G Constitution they were considered equal contractin* partners of the nion. The powers controllin* the *overnment had to replace their republican form of *overnment that had e5isted in the Southern States since they adopted the !G"G Constitution. : =espite the fact that the southern 4tates had been functioning peacefully for two years and had been counted to secure ratification of the hirteenth Amendment, /ongress passed the Reconstruction Act, which provided for the military occupation of & of the && southern 4tates. It excluded ennessee from military occupation and one must suspect it was because ennessee had ratified the 8ourteenth Amendment on uly , &-DD. he Act further disfranchised practically all white voters and provided that no 4enator or /ongressman from the occupied 4tates could be seated in /ongress until a new /onstitution was adopted by each 4tate which would be approved by /ongress. he Act further provided that each of the & 4tates was re0uired to ratify the proposed 8ourteenth Amendment and the 8ourteenth Amendment must become a part of the
/onstitution of the 3nited 4tates before the military occupancy would cease and the 4tates be allowed to have seats in /ongress .:
=yett v. Turner E4< pFd F## [ F#< F Fd E4
The way they chose to do it was pass the ;ourteenth (mendment. However the orthern States that put the amendment up in Con*ress fi*ured the Southern States would ratify. Wron* the amendment fell short of passin* the House and the Senate. The action ta,en ne5t by the orthern States will *o down in history as the most unlawful act ever ta,en by any *overnment in the world. Since the amendment would not pass lawfully the orthern States decided to rip the !G"G Constitution up and ta,e over the *overnment. How did they do this@ They told the Southern States that refused to vote for the amendment they no lon*er were members of Con*ress denyin* lawful States suffra*e in the nion. In order to *et the amendment throu*h Con*ress the orthern Senators also removed a seated Senator from ew &ersey to *ive them twothirds in the Senate and counted 4 abstention votes in the House as yes votes to pass the ;ourteenth (mendment in the House. See ;ootnote D!F -bservin* how 'a rene*ade *roup of men from the orthern States' 9 -T+ in quotes actual te5t in brac,ets 1Con*ress2 had ta,en the Constitution into its own hands and was proceedin* in willful
disre*ard of the Constitution on the !th of &anuary !"#" -hio and then on 9arch FE !"#" ew &ersey voted to withdraw their prior ratifications and to re8ect. The followin* is an e5cerpt from &oint /esolution o.! of the State of ew &ersey of 9arch FE !"#" when they rescinded their prior ratification and re8ectedK 2It being necessary, by the /onstitution, that every amendment to the same, should be proposed by two thirds of both *ouses of /ongress, the authors of said proposition, for the purpose of securing the assent of the re0uisite majority, determined to, and did, exclude from the said two *ouses eighty representatives form eleven 4tates of the 3nion, upon the pretence that there were no such 4tates in the 3nion$ but, finding that two(thirds of the remainder of said *ouses could not be brought to assent to the said proposition, they deliberately formed and carried out the design of mutilating the integrity of the 3nited 4tates 4enate, and without any pretext or justification, other than the possession of power, without the right and in palpable violation of the /onstitution, ejected a member of their own body, representing this 4tate, and thus practically denied to 7ew ersey its e0ual suffrage in the 4enate and thereby nominally secured the vote of two(thirds of the said *ouses.2
2he object of dismembering the highest representative assembly in the 7ation, and humiliating a 4tate of the 3nion, faithful at all times to all of its obligations, and the object of said amendment were one( to place new and unheard of powers in the hands of a faction, that it might absorb to itself all executive, judicial and legislative power, necessary to secure to itself immunity for the unconstitutional acts it had already committed, and those it has since inflicted on a too patient people.2 2he subse0uent usurpation of these once national assemblies, in passing pretended laws for the establishment, in ten 4tates, of martial law, which is nothing but the will of the military commander, and therefore inconsistent with the very nature of all law, for the purpose reducing to slavery men of their own race to those 4tates, or compelling them, contrary to their own convictions, to exercise the elective franchise in obedience to dictation of a fraction in those assemblies$ the attempt to commit to one man arbitrary and uncontrolled power, which they have found necessary to exercise to force the people of those 4tates into compliance with their will$ the authority given to the 4ecretary of >ar to use the name of the Cresident, to countermand its Cresident:s order, and to certify military orders to be by the direction of the Cresident: when
they are notoriously 1nown to be contrary to the Cresident:s direction, thus 1eeping up the forms of the /onstitution to which the people are accustomed, but practically deposing the Cresident from his office of /ommander(in( /hief, and suppressing one of the great departments of the Government, that of the executive$ the attempt to withdraw from the supreme judicial tribunal of the 7ation the jurisdiction to examine and decide upon the conformity of their pretended laws to the /onstitution, which was the /hief function of that August tribunal, as organi#ed by the fathers of the republic5 all are but amplified explanations of the power they hope to ac0uire by the adoption of the said amendment.2 2o conceal from the people the immense alteration of the fundamental law they intended to accomplish by the said amendment, they gilded the same with propositions of justice...2 2It imposes new prohibitions upon the power of the 4tate to pass laws, and interdicts the execution of such part of the common law as the national judiciary may esteem inconsistent with the vague provisions of the said amendment$ made vague for the purpose of facilitating encroachment upon the lives, liberties and property of the people.2 2It enlarges the judicial power of
the 3nited 4tates so as to bring every law passed by the 4tate, and every principle of the common law relating to life, liberty, or property, within the jurisdiction of the 8ederal tribunals, and charges those tribunals with duties, to the due performance of which they, from their nature and organi#ation, and their distance from the people, are une0ual.2 2It ma1es a new apportionment of representatives in the 7ational courts, for no other reason than thereby to secure to a faction a sufficient number of votes of a servile and ignorant race to outweigh the intelligent voices of their own.2 2his )egislature, feeling conscious of the support of the largest majority of the people that has ever been given expression to the public will, declare that the said proposed amendment being designed to confer, or to compel the 4tates to confer, the sovereign right of elective franchise upon a race which has never given the slightest evidence, at any time, or in any 0uarter of the globe, of its capacity of self(government, and erect an impracticable standard of suffrage, which will render the right valueless to any portion of the people was intended to overthrow the system of self(government under which the people of the 3nited 4tates have for eighty years enjoyed their liberties, and is unfit, from its origin, its object and its
matter, to be incorporated with the fundamental law of a free people.:
1The !Eth (mendment to the Constitution of the nited States and the threat that it poses to our democratic *overnment %inc,ney 0. 9c+lwee South Carolina $aw Muarterly !<<2
=id the political outra*e of all history stop there@ o? In order to ratify the amendment in the States Con*ress declared war on the Southern States by passin* the /econstruction (cts. =eclarin* the Southern States had unlawful State *overnments. They placed the States under martial law creatin* military districts which still e5ist today. Is not the ;ourteenth (mendment still in e5istence today@ othin* has chan*ed. They replaced the lawful State *overnments with puppet *overnments so the ;ourteenth (mendment would be ratified by the required 47E of the States and would not readmit any State until ratification of the amendment was complete. The illusion is since you vote for your officials :we can:t be under military occupation:. The privile*e to vote would end if your State tried to remove the ;ourteenth (mendment. Bac, to %resident &ohnson's veto the unlawful Con*ress then over road his veto. ow picture this you have a lawful %resident who vetoed the unconstitutional /econstruction (cts passed by a de facto Con*ress. Then the unlawful Con*ress overrides his veto since
they have a /epublican ma8ority in the Con*ress after denyin* the representation to the =emocratic Southern States. This Con*ress under the !G"G Constitution had no lawful authority to conduct business under the !G"G Charter much less destroy the office of the %resident. What do you call this@ It was a political ta,e over a coup d'etat. The ;ourteenth (mendment was proposed by Con*ress to the States for adoption throu*h the enactment by Con*ress of %ublic /esolution o. E" adopted by the Senate on &une " !"## and by the House of /epresentatives on &une !4 !"##. That Con*ress deliberately submitted this amendment proposal to the then e5istin* le*islatures of the several States is shown by the initial para*raph of the resolution.: Tulane $aw /eview The =ubious -ri*in -f The ;ourteenth (mendment. pa*e F" !. Te5as re8ected the !Eth (mendment on -ctober FG !"## 1House &ournal !"## pp. G""E Senate &ournal !"## p. EG!.2. F. 0eor*ia re8ected the !Eth (mendment on ovember < !"## 1House &ournal !"## p #" Senate &ournal !"## p. ".2. 4. ;lorida re8ected the !Eth (mendment on =ecember # !"## 1House &ournal !"## p G# Senate &ournal !"## p. ".2. E. (labama re8ected the !Eth
(mendment on =ecember G !"## 1House &ournal !"##. p. F!F!4 Senate &ournal !"## p. !"4.2. . orth Carolina re8ected the !Eth (mendment on =ecember !E !"## 1House &ournal !"## !"#G. p. !"4 Senate &ournal !"## #G p. !4".2. #. (r,ansas re8ected the !Eth (mendment on =ecember !G !"## 1House &ournal !"## pp. F"" F
1House &ournal !"#G p. FF4 Senate &ournal !"#G p. "".2. !F. 9aryland re8ected the !Eth (mendment on 9arch F4 !"#G 1House &ournal !"#G p. !!E! Senate &ournal !"#G p. "".2. !4. 9ississippi re8ected the !Eth (mendment on &anuary 4! !"#G 19c%herson :/econstruction: p. !
es. Technically do you have to have a military presence visible in the streets for military occupation and martial law to e5ist@ o? Can the military7 Commanderin Chief7Con*ress transfer this power to the civil authorities@ es. /ead the followin* cases and $incoln's 0eneral order ! ;ootnote D< : !ut
there is another description of government, called also by publicists a government de facto, but which might, perhaps, be more aptly denominated a government of paramount force. Its distinguishing characteristics are ;&< that its existence is maintained by active military power within the territories, and against the rightful authority of an established and lawful government$ and ;B< that while it exists it must necessarily be EBB@ 3.4. ?&D, ?B@F obeyed in civil matters by private citi#ens 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. hey are usually administered directly by military authority, but they may be administered, also, by civil authority, supported more or less directly by military force .:
Thornin*ton v. Smith " Wall. ! < !< $. ed. 4#! 4#4. 9acleod v. .S FF< .S. E!# !
:>hile it is held to be the right of a con0ueror to levy contributions upon the enemy in their seaports, towns, or provinces which may be in his military possession by con0uest, 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. he 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.: 9acleod v.
.S
FF<
.S.
E!#
!
To also prove that military occupation still e5ists as, yourself this. Is the ;ourteenth (mendment which was ratified under duress military occupationJ and written and passed by a de facto Con*ress still in e5istence@ es? If a State would today remove the ;ourteenth (mendment and the statutory laws this amendment created from their State laws do you thin, the federal *overnment would send in the military a*ain@ -f course it would. So did the military occupation end@ I hope by now you ,now the answer
to
that.
Have you never wondered why the *overnment sends your ta5 dollars all over the world via the I9; and the World Ban, etc. etc. with (mericans payin* the bill without ever puttin* this up for a vote@ /ead the followin* quote. : In 7ew Orleans v. 7ew Hor1 "ail 4. 4. /o. B >all. %-, %@%, BB ). ed. %+?, it was said, with respect to the powers of the military government over the city of 7ew Orleans after its con0uest, that it had :the same power and rights in territory held by con0uest as if the territory had belonged to a foreign country and had been subjugated in a foreign war. In such cases the con0uering power has the right to displace the pre(existing authority, and to assume to such extent as it may deem proper the exercise by itself of all the powers and functions of government. It may appoint all the necessary officers and clothe them with designated powers, larger or smaller, according to its pleasure. It may prescribe the revenues to be paid, and apply them to its own use or otherwise. It may do anything necessary to strengthen itself and wea1en the enemy. here is no limit to the powers that may be exerted in such cases, save those which are found in the laws and usages of war.: =ooley v. .S. !"F .S. FFF
!<!
To drive home the relevance of
British Colony part !PF and what I 8ust said above about ta5es read and understand the below quotes from the =eclaration of /i*hts September !GGE. 9aybe it will sin, in we are ta5ed by Britain and we have not only as,ed for it but demanded the benefits supplied by the ,in* past and present. 0- ;I0/+@@@@ 2Resolved, ?. hat the foundation of 'nglish liberty, and of all free government, is a right in the people to participate in their legislative council5 and as the 'nglish colonists are not represented, and from their local and other circumstances, can not properly be represented in the !ritish Carliament, they are entitled to a free and exclusive power of legislation in their several provincial legislatures, where their right of representation can alone be preserved, in all cases of taxation and internal polity, subject only to the negative of their sovereign, in such manner as has been heretofore used and accustomed. !ut, from the necessity of the case, and a regard to the mutual interest of both countries, >' /*''R83))H /O74'7 O *' OC'RAIO7 O8 43/* A/4 O8 *' !RII4* CAR)IA"'7, as are !O7A 8I=', restrained to the regulation of our external commerce, for the C3RCO4' O8 4'/3RI7G *' /O""'R/IA) A=A7AG'4 O8 *' >*O)' '"CIR' O *' "O*'R /O37RH, and the /O""'R/IA) !'7'8I4 O8 I4
R'4C'/I' "'"!'R4$ excluding every idea of taxation, internal or ''R7A), for raising a revenue on the 43!'/4 I7 A"'RI/A, without their consent.2 =eclaration of Rights, from 4eptember +, &? ;he forefathers wanted the commercial benefits without paying the taxes that go hand in hand, it does not wor1 that way Catriots.< 2Resolved, . hat these, *is "ajesty:s colonies, are li1ewise entitled to all the I""37II'4 A7= CRII)'G'4 GRA7'= and confirmed to them by ROHA) /*AR'R4, or secured by their several codes of provincial laws .:
=eclaration of September !GGE
/i*hts
from
(s further proof are not all States divided into military =istricts@ (t first *lance you may not thin, so. However loo, at your =istrict Courts in your State. They are the enforcement arm of the admiralty law7,in*s law and le*islation passed on a daily basis. (s I said before the votin* =istricts are also left over from the /econstruction (cts. In every court room a military fla* is flown a war fla* not the Title E fla* of peace. (re you not required to obtain a license from the de facto *overnment for every aspect of commerce and the use of their military script7fiat money@ (mericans are ta5ed and controlled in the followin* ways to name a fewK <. Social Sec!rity n!)ber $ licen%e
to #or*. =. Dri"er% licen%e $ er)i%%ion to cond!ct co))erce and tra"el on the )ilitary road%. >. 7cc!ational licen%e $ er)i%%ion to erfor) a God gi"en right. ?. State and local ri"ilege licen%e $ licen%e to #or* in the State, co!nty or city. @. Marriage licen%e $ er)i%%ion for a right granted by God Al)ighty. . H!nting and Fi%hing licen%e $ go"ern)ent ta6ing roerty of God Al)ighty, etc.etc.etc.
+very license or permit is a use ta5 and is financial slavery you are controlled in every aspect of your life. (ll licenses came about after the ;ourteenth (mendment and the military occupation which we are now under. The reason all this has ta,en place in (merica is to coloni6e the world for Britain. The nited States has been the enforcement arm7cannon fodder for Britain since the Civil War. :he decisions wherein grounds were found for avoiding a ruling on the constitutionality of the Reconstruction Act leave the impression that our highest tribunal failed in these cases to measure up to the standard of the judiciary in a constitutional democracy. If the Reconstruction Act was unconstitutional, the people oppressed by it were entitled to protection by the judiciary against such unconstitutional oppression .: Tulane $aw /eview
The =ubious -ri*in -f The ;ourteenth (mendment. pa*e 4E :The adversary or the s,eptic mi*ht assert that after a lapse of more than ei*hty years it is too late to question the constitutionality or validity of the coerced ratifications of the ;ourteenth (mendment even on substantial and serious *rounds. The ready answer is that there is no statute of limitations that will cure a *ross violation of the amendment procedure laid down by (rticle 3 of the Constitution.: Tulane $aw /eview The =ubious -ri*in -f The ;ourteenth (mendment. pa*e E4 If you want to read more about the military occupation and the War %owers (ct read ;ootnote D!!. This issue concernin* the Constitution has to be understood by the %atriots before you can help others see the illusion. We %atriots need to be able to tell others how we arrived in this condition. But this will never happen as lon* as we defend a dead treaty and e5pect a lawful remedy from a de facto *overnment. Is it any wonder why (mericans loo, at us li,e were nuts. We defy a de facto *overnment and ta,e its benefits. We curse its 8ud*es and praise a de facto Constitution that denies the 8ud*es the ability to *ive remedy to the enemy. We praise the le*al document that *ave Con*ress the power to declare us as enemies and curse the Con*ress for their action. Wa,e up %atriots? How do you e5pect (mericans to listen to the
truth when we are so easily made to loo, li,e fools by the *overnment propa*anda machine and we ma,e it easy for them. We tell the (merican people the s,y is fallin* but never *ive them a remedy other than ,eepin* the same damn document that enslaved us. We do not tell the (merican people that there was life before the Civil War -ccupation and the ;ourteenth (mendment unlawful Constitution so fear of the un,nown will ,eep them from wantin* to learn. The only remedy I see e5cept for 0od (lmi*hty's &ud*ement is to e5pose the fraud. See ;ootnote !4. ntil you accept the truth about the Constitution you will not be able to understand the information in British Colony part !PF. I will end this research paper in this way. Someone as,ed me :are you not afraid to be ,illed by the *overnment:@ I told them what Shadrach 9eshach and (bendne*o saidK :If it be so our 0od whom we serve is able to deliver us from the burnin* fiery furnace and he will deliver us out of thine hand - ,in* But if not be it ,nown unto thee ,in* that we will not serve thy *ods nor worship the *olden ima*e which thou hast set up.: =aniel 4K!G!" 9ar, TwainK :ou see my ,ind of loyalty was loyalty to one's country not to institutions or its officeholders. The country is the real thin*J it is the thin* to watch
over and care for and be loyal toJ institutions e5traneous they are its mere clothin* and clothin* can wear out become ra**ed cease to be comfortable cease to protect the body from winter disease and death. To be loyal to ra*s to shout for ra*s to worship ra*s to die for ra*sthat is a loyalty of unreasonJ it is pure animalJ it belon*s to monarchyJ was invented by monarchyJ let monarchy ,eep it. I was from Connecticut whose constitution declared :That all political power is inherent in the people and all free *overnments are founded on their authority and instituted for their benefit and that they have at all times an undeniable and indefensible ri*ht to alter their form of *overnment in such a manner as they thin, e5pedient.: nder that *ospel the citi6en who thin,s that the Commonwealth's political clothes are worn out and yet holds his peace and does not a*itate for a new suit is disloyalJ he is a traitor. That he may be the only one who thin,s he sees this decay does not e5cuse himJ it is his duty to a*itate anyway and it is the duty of others to vote him down if they do not see the matter as he does.: F!!T'!TES
;ootnote D! The orth Carolina $e*islature protested Nby :/esolution: of =ecember # !"##O as followsK :The
;ederal
Constitution
declare in substance that Con*ress shall consist of a House of /epresentatives composed of members apportioned amon* the respective States in the ratio of their population and of a Senate composed of two members from each State. (nd I TH+ (/TIC$+ WHICH C-C+/S (9+=9+TS IT IS +L%/+SS$ %/-3I=+= TH(T - ST(T+ WITH-T ITS C-S+T SH($$ B+ =+%/I3+= -; ITS +M($ S;;/(0+ I TH+ S+(T+.' TH+ C-T+9%$(T+= (9+=9+T W(S -T %/-%-S+= T- TH+ ST(T+S B ( C-0/+SS THS C-STITT+=. (t the time of its adoption the eleven secedin* States were deprived of representation both in the Senate and House althou*h they all e5cept the State of Te5as had Senators and /epresentatives duly elected and claimin* their privile*es under the Constitution. In consequence of this these States had no voice on the important question of proposin* the (mendment. H(= TH+ B++ ($$-W+= T- 0I3+ TH+I/ 3-T+S TH+ %/-%-SITI- W-$= =-BT$+SS H(3+ ;(I$+= T- C-99(= TH+ /+MI/+= TW-THI/=S 9(&-/IT....: :If the votes of these States are necessary to a valid ratification of the (mendment they were equally necessary on the question of proposin* it to the StatesJ for it would be difficult in the opinion of the Committee to show by what
process in lo*ic men of intelli*ence would arrive at a different conclusion.: orth Carolina Senate &ournal !"###G pp.
States proposed as aforesaid has been ratified by the le*islatures of the States of Nnamin* F4 includin* ew &ersey -hio and -re*onOJ:
:By spurious nonrepresentative *overnmentsJ seven of the southern States 1which had theretofore re8ected the proposed (mendment under the duress of military occupation and of bein* denied representation in Con*ress2 did attempt to ratify the proposed ;ourteenth (mendment. The Secretary of JState 1of &uly F !"#"2 issued his proclamation wherein he stated that it was his duty under the law to cause (mendments to be published and certified as a part of the Constitution when he received official notice that they had been adopted pursuant to the Constitution. Thereafter his certificate contained the followin* lan*ua*eK:
:(nd whereas it further appears from documents on file in this =epartment that the amendment to the Constitution of the nited States proposed as aforesaid has also been ratified by newly constituted and newly established bodies avowin* themselves to be and actin* as the le*islatures respectively of the States of (r,ansas ;lorida orth Carolina $ouisiana South Carolina and (labamaJ:
:(nd whereas neither the (ct 8ust quoted from nor any other law e5pressly or by conclusive implication. authori6es the Secretary of State to determine and decide doubtful questions as to the authenticity of the or*ani6ation of State le*islatures or as to the power of any State le*islature to recall a previous act or resolution of ratification of any amendment proposed to the ConstitutionJ: :(nd whereas it appears from official documents on file in this =epartment that the amendment to the Constitution of the nited
:(nd whereas it further appears from official documents on file in this =epartment that the le*islatures of two of the States first above enumerated to wit -hio and ew &ersey have since passed resolutions respectively withdrawin* the consent of each of said States to the aforesaid amendmentJ and whereas it is deemed a matter of doubt and uncertainty whether such resolutions are not irre*ular invalid and therefore ineffectual for withdrawin* the consent of the said two States or of either of them to the aforesaid amendmentJ: :(nd whereas the whole number of States in the nited States is thirtyseven to witK Nnamin* themOJ: :(nd whereas the twentythree States first hereinbefore named
whose le*islatures have ratified the said proposed amendment and the si5 States ne5t there after named as havin* ratified the said proposed amendment by newly constituted and established le*islative bodies to*ether constitute three fourths of the whole number of States in the nited StatesJ: :ow therefore be it ,nown that I WI$$I(9 H. S+W(/= Secretary of State of the nited States by virtue and in pursuant of the second section of the act of Con*ress approved the twentieth of (pril ei*hteen hundred and ei*hteen hereinbefore cited do hereby certify that if the resolutions of the le*islatures of -hio and ew &ersey ratifyin* the aforesaid amendment are to be deemed as remainin* of full force and effect notwithstandin* the subsequent resolutions of the le*islatures of those States which purport to withdraw the consent of said States from such ratification then the aforesaid amendment had been ratified in the manner hereinbefore mentioned and so has become valid to all intents and purposes as a part of the Constitution of the nited States.: 1! Stat. GG 1!"#"22: =yett v. Turner E4< pFd F## [ F#< F Fd E4 :/ongress was not satisfied with the proclamation as issued and on the next day passed a /oncurrent Resolution wherein it was resolved52
:hat said 8ourteenth Article is hereby declared to be a part of the /onstitution of the 3nited 4tates, and it shall be duly promulgated as such by the 4ecretary of 4tate .:
:/esolution set forth in proclamation of Secretary of State 1! Stat. G< N!"#"O2.: See also .S.C.0. (mends. ! to Constitution p. !! :ThereuponJ William H. Seaward the Secretary of State 1after settin* forth the Concurrent /esolution of both Houses of Con*ress2 then certified that the (mendmentK: :Has become valid to all intents and purposes as a part of the Constitution of the nited States.: 1! Stat. G" N!"#"O2: =yett v. Turner E4< pFd F## [ F#< F Fd E4 :The Constitution of the nited States is silent as to who should decide whether a proposed (mendment has or has not been passed accordin* to formal provisions of (rticle 3 of the Constitution. The Supreme Court of the nited States is the ultimate authority on the meanin* of the Constitution and has never hesitated in a proper case to declare an (ct of Con*ress unconstitutional e5cept when the (ct purported to amend the Constitution.: =yett v. Turner E4< pFd F## [ F#< F Fd E4 :In the case of $aser v. 0arnet
F" .S. !4 EF S+CT. F!G ## $+=. the question was before the Supreme Court as to whether or not the ineteenth (mendment had been ratified pursuant to the Constitution. In the last para*raph of the decision the Supreme Court saidK: :(s the le*islatures of Tennessee and of West 3ir*inia had power to adopt the resolutions of ratification official notice to the Secretary duly authenticated that they had done so was conclusive upon him and bein* certified to by his proclamation is conclusive upon the courts.: =yett v. Turner E4< pFd F## [ F#< F Fd E4 :The duty of the Secretary of State was ministerial to wit to count and determine when three fourths of the States had ratified the proposed (mendment. He could not determine that a State once havin* re8ected a proposed (mendment could thereafter approve itJ nor could he determine that a State once havin* ratified that proposal could thereafter re8ect it. The Supreme Court and not Con*ress should determine whether the (mendment process be final or would not be final whether the first vote was for ratification or re8ection.: =yett v. Turner E4< pFd F## [ F#< F Fd E4 :In order to have FG States ratify the ;ourteenth (mendment it was necessary to count those States which had first re8ected and then
under the duress of military occupation had ratified and then also to count those States which initially ratified but subsequently re8ected the proposal.: =yett v. Turner E4< pFd F## [ F#< F Fd E4 :To leave such dishonest countin* to a fractional part of Con*ress is dan*erous in the e5treme. What is to prevent any political party havin* control of both Houses of Con*ress from refusin* to seat the opposition and then passin* a &oint /esolution to the effect that the Constitution is amended and that it is the duty of the (dministrator of the 0eneral Services (dministration to proclaim the adoption@: :Would the Supreme Court of the nited States still say the problem was political and refuse to determine whether constitutional standards had been met@: =yett v. Turner E4< pFd F## [ F#< F Fd E4 ;ootnote
DF
Tulane $aw /eview vol. F" !<4 The =ubious -ri*in -f The ;ourteenth (mendment by Walter &. Suthon &r. :How remote was this Hamiltonian concept from the events of !"#G and !""" when a :rump: Con*ress arro*ated to itself the power to force ratification of a re8ected amendment coercin*
ratifications by several of the re8ectin* States.: pa*e F# :This submission was by a two thirds vote of the quorum present in each House of Con*ress and in that sense it complied with (rticle 3 of the Constitution. However the submission was by a :rump: Con*ress. sin* the constitutional provision that :+ach House shall be the 8ud*e of the +lections /eturns and Mualifications of its own 9embers...: each House had e5cluded all persons appearin* with credentials as Senators or /epresentatives from the ten Southern States of 3ir*inia orth Carolina South Carolina 0eor*ia ;lorida (labama 9ississippi $ouisiana (r,ansas and Te5as. This e5clusion throu*h the e5ercise of an unreviewable constitutional prero*ative constituted a *ross violation of the essence of two other constitutional provisions both intended to protect the ri*hts of the States to representation in Con*ress.: pa*e F" :Had these ten Southern States not been summarily denied their constitutional ri*hts of representation in Con*ress throu*h the ruthless use of the power of each House to pass on the election and qualifications of its members this amendment proposal would doubtless have died abornin*. It obviously would have been impossible to secure a twothirds vote for the submission of the proposed ;ourteenth (mendment
particularly in the Senate if the e5cluded members had been permitted to enter and to vote. -f course that was one of the motives and reasons for this policy of ruthless e5clusion.: pa*e F" :(ssumin* the validity of the submission of this amendment by a twothirds vote of this :rump: Con*ress there is no *ainsayin* the obvious proposition that whatever :contemplation: or :understandin*: this :rump: Con*ress may have had as to the intent or the scope or the effect or the consequences of the amendment bein* submitted was necessarily a :rump: contemplation or understandin*. The ten Southern States whose Senators and /epresentatives were all e5cluded from the deliberations of the :rump: Con*ress could have had no possible part in the development or formation of any :contemplation: or :understandin*: of what the consequences and effects of the proposed amendment were to be.: pa*e F< :This created a situation which made impossible the ratification of the (mendment unless some of these re8ections were reversed. With thirtyseven States in all ten re8ections were sufficient to prevent the adoption of the amendment proposal. The thirteen re8ections by the ten Southern States and three border States were more than sufficient to bloc, ratification even if
all other States finally ratified.: pa*e 4
representatives of the people of $ouisiana.: pa*e 4!
:This is the only action ever ta,en on the ;ourteenth (mendment by a $ouisiana $e*islature e5ercisin* free and unfettered and uncoerced 8ud*ement and discretion as between ratification or re8ection of the amendment proposal. The subsequent purported ratification of this (mendment in $ouisiana was by a le*islature of a puppet *overnment created by the radical ma8ority of Con*ress to do the biddin* of its master and compelled to ratify this (mendment by the ;ederal Statute which had brou*ht this puppet *overnment into e5istence for this specific purpose.: pa*e 4
:The (ct dealt with these Southern States referred to as :rebel States: in its various provisions. It opened with a recital that :no le*al State *overnment: e5isted in these States. It placed these States under military rule. $ouisiana and Te5as were *rouped to*ether as the ;ifth 9ilitary =istrict and placed under the domination of an army officer appointed by the %resident. (ll civilian authorities were placed under the dominant authority of the military *overnment.: pa*e 4!
:It is most interestin* to read the proceedin*s of the $ouisiana House of /epresentatives on ;ebruary # !"#G whereby that body adopted the &oint /esolution ordainin* the refusal of $ouisiana to ratify the proposed ;ourteenth (mendmentthe &oint /esolution which became (ct E of !"#G. This &ournal shows by the roll call that one hundred members voted out of a total House membership of one hundred and tenand that the unanimous vote was one hundred a*ainst ratification and not in favor of it. This was the last opportunity for a free and uncoerced e5pression of views on this amendment proposal by duly elected
:The most e5treme and ama6in* feature of the (ct was the requirement that each e5cluded State must ratify the ;ourteenth (mendment in order to a*ain en8oy the status and ri*hts of a State includin* representation in Con*ress. Section 4 of the (ct sets fourth this compulsive coercion thus imposed upon the Southern States.: pa*e 4F :Senator =oolittle of Wisconsin a ortherner and a Conservative /epublican. =urin* the floor debate on the bill he saidK :9y friend has said what has been said all around me what is said every dayK the people of the South have re8ected the constitutional amendment and therefore we will march upon them and force them to adopt it at the point of the bayonet
and establish military power over them until they do adopt it.: pa*e 4F :%resident &ohnson vetoed the /econstruction (ct in an able messa*e stressin* its harsh in8ustices and its many aspects of obvious unconstitutionality. He 8ustifiably denounced it as :a bill of attainder a*ainst nine million people at once.: pa*e 44 :otwithstandin* this able messa*e the (ct was promptly passed over his veto by the required twothirds ma8ority in each House. 9ilitary rule too, over in the ten Southern States to initiate the process of conditionin* a sub8u*ated people to an ultimate acceptance of the ;ourteenth (mendment.: pa*e 44 :Whatever 8ustification for other portions of the /econstruction (ct may or may not be found in this constitutional provision there could clearly be no sort of a relationship between a *uarantee to a State of :a republican form of *overnment: and an abro*ation of the basic and constitutional ri*ht of a State in its le*islative discretion to ma,e its own choice between ratification or re8ection of a constitutional amendment proposal submitted to the state le*islatures by the Con*ress of the nited States. To deny to a State the e5ercise of this free choice between ratification and re8ection and to put the harshest sort of coercive pressure upon a State to compel ratification was
clearly a *ross infractionnot and effectuationof the constitutional *uarantee of :a republican form of *overnment.: pa*e 4G 9adison said in ;ederalist o.
E4K :....the authority e5tends no further than to a *uaranty of a republican form *overnment which supposes a pree5istin* *overnment of the form which is to be *uaranteed. (s lon* therefore as the e5istin* republican forms are continued by the States they are *uaranteed by the federal Constitution. Whenever the States may choose to substitute other republican forms they have a ri*ht to do so and to claim the federal *uaranty for the latter. The only restriction imposed on them is that they shall not e5chan*e republican for antirepublican ConstitutionsJ a restriction which it is presumed will hardly be considered as a *rievance.: pa*e 4" :The enactment of the le*islature of the puppet *overnment of $ouisiana which ratified the ;ourteenth (mendment is embodied in (ct F of !"#". The le*islative 8ournals of that session reflect the presence and dominance of the military all as provided for and contemplated by the /econstruction (ct.: pa*e 4< :The House &ournal shows that on &une F< !"#" Colonel Batchelder opened the session by callin* the roll and readin* an e5tract form the order of 0eneral
0rant. The Senate &ournal for the same date shows the readin* of instructions from 0eneral 0rant to the Commandin* -fficer of the ;ifth 9ilitary =istrict emphasi6in* the supremacy of the power of the military over the provisional civilian *overnment. It was under these auspices that the coerced ratifications of the ;ourteenth (mendment in $ouisiana was accomplished.: pa*e E :(lso worth of note in this connection ins the holdin* in !"< that the levyin* of an income ta5 by the ;ederal 0overnment without apportionin* the ta5 amon* the States as a direct ta5 violated the ta5in*power provisions of the Constitution of the nited States althou*h thirty years prior to this 8udicial vindication of what the ma8ority of the Court deemed to be fundamental and true Constitutional provisions the ;ederal 0overnment had levied and collected income ta5es for several years on a lar*e scale and had financed a ma8or war of vital consequences to a very considerable e5tent out of revenues so obtained.: pa*e EE Footnote 2
/econstruction (ct of 9arch F !"#G 3EC!'ST3UCTI!' CT !F THI3T
:arfield.
With a review of the events which led to the political revolution of !"# by &ames 0. Blaine. 3ol. II pp. #"!#"F. (n (ct to provide for the more efficient *overnment of the rebel states. :Whereas no le*al State *overnments or adequate protection for life or property now e5ist in the rebel States of 3ir*inia orth Carolina South Carolina 0eor*ia 9ississippi (labama $ouisiana ;lorida Te5as and (r,ansasJ and whereas it is necessary that peace and *ood order should be enforced in said States until loyal and republican State *overnments can be le*ally establishedK \Therefore.: :Be it enacted That said rebel States shall be divided into military districts and made sub8ect to the military authority of the nited States as hereinafter prescribed and for that purpose 3ir*inia shall constitute the first districtJ orth Carolina and South Carolina the second districtJ 0eor*ia (labama and ;lorida the third districtJ 9ississippi and (r,ansas the fourth districtJ and $ouisiana and Te5as the fifth district.: Sec. F. :That it shall be the duty of the %resident to assi*n to the command of each of said districts an
officer of the army not below the ran, of bri*adier*eneral 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 assi*ned.: Sec. 4. :That it shall be the duty of each officer assi*ned as aforesaid to protect all persons in their ri*hts 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 ta,e 8urisdiction of and to try offenders or when in his 8ud*ment it may be necessary for the trial of offenders he shall have power to or*ani6e military commissions or tribunals for that purposeJ and all interference under color of State authority with the e5ercise of military authority under this act shall be null and void.: Sec. E. :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 inflictedJ and no sentence of any military commission or tribunal hereby authori6ed affectin* the life or liberty of any person shall be e5ecuted until it is approved by the officer in command of the district and the laws and re*ulations for the *overnment of the army shall not be affected by this act e5cept in so far as they conflict with its provisionsK
:%rovided That no sentence of death under the provisions of this act shall be carried into effect without the approval of the %resident.: Sec. .:That when the people of any one of said rebel States shall have formed a constitution of *overnment in conformity with the Constitution of the nited States in all respects framed by a convention of dele*ates elected by the male citi6ens of said State twentyone 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 e5cept 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 en8oyed by all such persons as have the qualifications herein stated for electors of dele*ates and when such constitution shall be ratified by a ma8ority of the persons votin* on the question of ratification who are qualified as electors for dele*ates and when such constitution shall have been submitted to Con*ress for e5amination and approval and Con*ress shall have approved the same and when said State by a vote of its le*islature elected under said constitution shall have adopted the amendment to the Constitution of the nited States proposed by the Thirtyinth Con*ress and ,nown as a tar*e.:
:(fter Ten (mend article fourteen and when said article shall have become a part of the Constitution of the nited States said State shall be declared entitled to representation in Con*ress and Senators and /epresentatives shall be admitted therefrom on their ta,in* the oaths prescribed by law and then and thereafter the precedin* sections of this act shall be inoperative in said StateK :%rovided That no person e5cluded from the privile*e of holdin* office by said proposed amendment to the Constitution of the nited States shall be eli*ible 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. #.:That until the people of said rebel states shall be by law admitted to representation in the Con*ress of the nited States any civil *overnments which may e5ist therein shall be deemed provisional only and in all respects sub8ect to the paramount authority of the nited States at any time to abolish modify control or supersede the sameJ and in all elections to any office under such provisional *overnments all persons shall be entitled to vote and none others who are entitled to vote under the provisions of the fifth section of this actJ and no person shall be eli*ible to any office under any such
provisional *overnments who would be disqualified from holdin* office under the provisions of the third article of said constitutional amendment.: Footnote > 3econstruction ct of &arch "")
"%(%
&E'DT!3< 3EC!'ST3UCTI!' CT !F &3CH "") "%(%
V;rom Twenty ears of Con*ressK ;rom $incoln to 0arfield. With a review of the events which led to the political revolution of !"# by &ames 0. Blaine. 3ol. II p. #"G. :(n (ct to amend the act passed 9arch F4 !"#G entitled (n (ct supplementary to '(n act to provide for the more efficient *overnment of the rebel states' passed 9arch F !"#G and to facilitate their restoration.: :Be it enacted That hereafter any election authori6ed by the act passed 9arch F4 !"#G entitled :(n (ct supplementary to '(n act to provide for the more efficient *overnment of the rebel states' passed 9arch F !"#G and to facilitate their restoration: shall be decided by a ma8ority of the votes actually castJ and at the election in which the question of the adoption or re8ection of any constitution is submitted any person duly re*istered in the State may vote in
the election district where he offers to vote when he has resided therein for ten days ne5t precedin* such election upon presentation of his certificate of re*istration his affidavit or other satisfactory evidence under such re*ulations as the district commanders may prescribe.: Sec. F. :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 votin* upon the ratification of the constitution the re*istered voters may vote also for members of the House of /epresentatives of the nited States and for all elective officers provided for by the said constitutionJ and the same election officers who shall ma,e the returns of the votes cast on the ratification or re8ection of the constitution shall enumerate and certify the votes cast for members of Con*ress.: Footnote ? 3econstruction ct of &arch =2) "%($ SU88LE&E'T3< 3EC!'ST3UCTI!' CT !F F!3TIETH C!':3ESS.
;rom Twenty ears of Con*ressK ;rom $incoln to 0arfield. With a review of the events which led to the political revolution of
!"# by &ames 0. Blaine. 3ol. II pp. #"F#". (n (ct supplementary to an act entitled (n act to provide for the more efficient *overnment of the rebel states passed 9arch second ei*hteen hundred and si5tyseven and to facilitate restoration. :Be it enacted That before the first day of September ei*hteen hundred and si5tyseven the commandin* *eneral in each district defined by an act entitled.: :(n (ct to provide for the more efficient *overnment of the rebel States passed 9arch second ei*hteen hundred and si5tyseven shall cause a re*istration to be made of the male citi6ens of the nited States twentyone years of a*e and upwards resident in each county or parish in the State or States included in his district which re*istration shall include only those persons who are qualified to vote for dele*ates by the act aforesaid and who shall have ta,en and subscribed the followin* oath or affirmationK :I ]]]]] do solemnly swear 1or affirm2 in the presence of (lmi*hty 0od that I am a citi6en of the State of ]]]]]J that I have resided in said State for ]]]]] months ne5t precedin* this day and now reside in the county of ]]]]] or the parish of ]]]]] in said State 1as the case may beJ2 that I am twentyone years oldJ that I have not been disfranchised for
participation in any rebellion or civil war a*ainst the nited States nor for felony committed a*ainst the laws of any State or of the nited StatesJ that I have never been a member of any State le*islature nor held any e5ecutive or 8udicial office in any State and afterwards en*a*ed in insurrection or rebellion a*ainst the nited States or *iven aid or comfort to the enemies thereofJ that I have never ta,en an oath as a member of Con*ress of the nited States or as an officer of the nited States or as a member of any State le*islature or as an e5ecutive or 8udicial officer of any State to support the Constitution of the nited States and afterwards en*a*ed in insurrection or rebellion a*ainst the nited States or *iven aid or comfort to the enemies thereofJ that I will faithfully support the Constitution and obey the laws of the nited States and will to the best of my ability encoura*e others so to do so help me 0odJ: which oath or affirmation may be administered by any re*isterin* officer.: Sec. F. :That after the completion of the re*istration hereby provided for in any State at such time and places therein as the commandin* *eneral shall appoint and direct of which at least thirty days' public notice shall be *iven an election shall be held of dele*ates to a convention for the purpose of establishin* a constitution and civil *overnment for such state loyal to the nion said convention in each
State e5cept 3ir*inia to consist of the same number of members as the most numerous branch of the State le*islature of such State in the year ei*hteen hundred and si5ty to be apportioned amon* the several districts counties or parishes of such State by the commandin* *eneral *ivin* to each representation in the ratio of voters re*istered as aforesaid as nearly as may be. The convention in 3ir*inia shall consist of the same number of members as represented the territory now constitutin* 3ir*inia in the most numerous branch of the le*islature of said State in the year ei*hteen hundred and si5ty to be apportioned as aforesaid.: Sec. 4. :That at said election the re*istered voters of each State shall vote for or a*ainst a convention to form a constitution therefor under this act. Those votin* in favor of such a convention shall have written or printed on the ballots by which they vote for dele*ates as aforesaid the words :;or a convention: and those votin* a*ainst such a convention shall have written or printed on such ballots the words :(*ainst a convention.: The person appointed to superintend said election and to ma,e return of the votes *iven thereat as herein provided shall count and ma,e return of the votes *iven for and a*ainst a conventionJ and the commandin* *eneral to whom the same shall have been returned shall ascertain and declare the total vote in each State for and a*ainst a
convention. If a ma8ority of the votes *iven on that question shall be for a convention then such convention shall be held as hereinafter providedJ but if a ma8ority of said votes shall be a*ainst a convention then no such convention shall be held under this actK :%rovided That such convention shall not be held unless a ma8ority of all such re*istered voters shall have voted on the question of holdin* such convention.: Sec. E. :That the commandin* *eneral of each district shall appoint as many boards of re*istration as may be necessary consistin* of three loyal officers or persons to ma,e and complete the re*istration superintend the election and ma,e return to him of the votes lists of voters and of the persons elected as dele*ates by a plurality of the votes cast at said electionJ and upon receivin* said returns he shall open the same ascertain the persons elected as dele*ates accordin* to the returns of the officers who conducted said election and ma,e proclamation thereofJ and if a ma8ority of the votes *iven on that question shall be for a convention the commandin* *eneral within si5ty days from the date of election shall notify the dele*ates to assemble in convention at a time and place to be mentioned in the notification and said convention when or*ani6ed shall proceed to frame a constitution and civil *overnment accordin* to the
provisions of this act and the act to which is it supplementaryJ and when the same shall have been so framed said constitution shall be submitted by the convention for ratification to the persons re*istered under the provisions of this act at an election to be conducted by the officers or persons appointed or to be appointed by the commandin* *eneral as hereinbefore provided and to be held after the e5piration of thirty days from the date of notice thereof to be *iven by said conventionJ and the returns thereof shall be made to the commandin* *eneral of the district.: Sec. . :That if accordin* to said returns the constitution shall be ratified by a ma8ority of the votes of the re*istered electors qualified as herein specified cast at said election 1at least one half of all the re*istered voters votin* upon the question of such ratification2 the president of the convention shall transmit a copy of the same duly certified to the %resident of the nited States who shall forthwith transmit the same to Con*ress if then in session and if not in session then immediately upon its ne5t assemblin*J and if it shall moreover appear to Con*ress that the election was one at which all the re*istered and qualified electors in the State had an opportunity to vote freely and without restraint fear or the influence of fraud and if the Con*ress shall be satisfied that such constitution meets the approval of a ma8ority of all the qualified electors
in the State and if the said constitution shall be declared by Con*ress 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 Con*ress the State shall be declared entitled to representation and Senators and /epresentatives shall be admitted therefrom as therein provided.: Sec. #. :That all elections in the States mentioned in the said :(ct to provide for the more efficient *overnment of the rebel States: shall durin* the operation of said act be by ballotJ and all officers ma,in* the said re*istration of voters and conductin* said elections shall before enterin* upon the dischar*e of their duties ta,e and subscribe the oath prescribed by the oath !"#F act approved &uly second ei*hteen hundred and si5tytwo entitled :(n act to prescribe an oath of officeK: :%rovided That if any person shall ,nowin*ly and falsely ta,e and subscribe any oath in this act prescribed such person so offendin* and bein* thereof duly convicted shall be sub8ect to the pains penalties and disabilities which by law are provided for the punishment of the crime of wilful and corrupt per8ury.: Sec. G. :That all e5penses incurred by the several commandin*
*enerals 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. ". :That the convention for each State shall prescribe the fees salary and compensation to be paid to all dele*ates and other officers and a*ents herein authori6ed 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 ta5es on the property in such State as may be necessary to pay the same.: Sec. <. :That the word article in the si5th section of the act to which this is supplementary shall be construed to mean section.: Footnote ( 3econstruction ct of 9uly "#) "%($ SU88LE&E'T3< 3EC!'ST3UCTI!' CT !F 9UL< "#) "%($.
;rom Twenty ears of Con*ressK ;rom $incoln to 0arfield. With a review of the events which led to the political revolution of !"# by &ames 0. Blaine. 3ol. II pp. #"#"G. :(n (ct supplementary to an
act entitled (n (ct to provide for the more efficient *overnment of the rebel states passed on the second day of 9arch !"#G and the act supplementary thereto passed on the F4d day of 9arch !"#G.: :Be it enacted That it is hereby declared to have been the true intent and meanin* of the act of the Fd day of 9arch !"#G entitled :(n act to provide for the more efficient *overnment of the rebel States: and of the act supplementary thereto passed on the F4d day of 9arch !"#G that the *overnments then e5istin* in the rebel States of 3ir*inia orth Carolina South Carolina 0eor*ia 9ississippi (labama $ouisiana ;lorida Te5as and (r,ansas were not le*al State *overnmentsJ and that thereafter said *overnments if continued were to be continued sub8ect in all respects to the military commanders of the respective districts and to the paramount authority of Con*ress.: Sec. F.:That the commander of any district named in said act shall have power sub8ect to the disapproval of the 0eneral of the army of the nited 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 e5ercise of official powers any officer or person holdin* or e5ercisin* or professin* to hold or e5ercise any civil or military office
or duty in such district under any power election appointment or authority derived from or *ranted by or claimed under any socalled State or the *overnment thereof or any municipal or other division thereofJ and upon such suspension or removal such commander sub8ect to the disapproval of the 0eneral 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 resi*nation or otherwise.: Sec. 4. :That the 0eneral of the army of the nited States shall be invested with all the powers of suspension removal appointment and detail *ranted in the precedin* section to district commanders.: Sec. E. :That the acts of the officers of the army already done in removin* in said districts persons e5ercisin* the functions of civil officers and appointin* others in their stead are hereby confirmedK %rovided That any person heretofore or hereafter appointed by any district commander to e5ercise the functions of any civil office may be removed either by the military officer in command of the district or by the 0eneral of the army. (nd it shall be the duty of such commander to remove from office as aforesaid
all persons who are disloyal to the 0overnment of the nited 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. .:That the boards of re*istration provided for in the act entitled :(n act supplementary to an act entitled '(n act to provide for the more efficient *overnment of the rebel States' passed 9arch F !"#G and to facilitate restoration: passed 9arch F4 !"#G shall have power and it shall be their duty before allowin* the re*istration of any person to ascertain upon such facts or information as they can obtain whether such person is entitled to be re*istered under said act and the oath required by said act shall not be conclusive on such question and no person shall be re*istered unless such board shall decide that he is entitled theretoJ and such board shall also have power to e5amine under oath 1to be administered by any member of such board2 any one touchin* the qualification of any person claimin* re*istrationJ but in every case of refusal by the board to re*ister an applicant and in every case of stri,in* his name from the list as hereinafter provided the board shall ma,e a note or memorandum which shall be returned with the re*istration list to the commandin* *eneral of the district settin* forth the *rounds of
such refusal or such stri,in* from the listK :%rovided That no person shall be disqualified as member of any board of re*istration by reason of race or color.: Sec. #. :That the true intent and meanin* of the oath prescribed in said supplementary act is 1amon* other thin*s2 that no person who has been a member of the $e*islature of any State or who has held any e5ecutive or 8udicial office in any State whether he has ta,en an oath to support the Constitution of the nited States or not and whether he was holdin* such office at the commencement of the rebellion or had held it before and who has afterwards en*a*ed in insurrection or rebellion a*ainst the nited States or *iven aid or comfort to the enemies thereof is entitled to be re*istered or to voteJ and the words :e5ecutive or 8udicial office in any State: in said oath mentioned shall be construed to include all civil offices created by law for the administration of any *eneral law of a State or for the administration of 8ustice.: sec. G. :That the time for completin* the ori*inal re*istration provided for in said act may in the discretion of the commander of any district be e5tended to the !st day of -ctober !"#GJ and the boards of re*istration shall have power and it shall be their duty commencin* 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 re*istration lists and upon bein* satisfied that any person not entitled thereto has been re*istered to stri,e the name of such person from the list and such person shall not be allowed to vote. (nd such board shall also durin* the same period add to such re*istry the names of all persons who at that time possess the qualifications required by said act who have not been already re*isteredJ and no person shall at any time be entitled to be re*istered or to vote by reason of any e5ecutive pardon or amnesty for any act or thin* which without such pardon or amnesty would disqualify him from re*istration or votin*.:
of the nited States. I am not sure that this is the oath intended here.:
Sec. ". :That section four of said lastnamed act shall be construed to authori6e the commandin* *eneral named therein whenever he shall deem it needful to remove any member of a board of re*istration and to appoint another in his stead and to fill any vacancy in such board.:
B TH+ %/+SI=+T -; TH+ IT+= ST(T+S -; (9+/IC(K
Sec. <. :That all members of said boards of re*istration and all persons hereafter elected or appointed to office in said military districts under any socalled State or municipal authority or by detail or appointment of the district commanders shall be required to ta,e and to subscribe the oath of office prescribed by law for officers
Sec. !. :That no district commander or member of the board of re*istration or any of the officers or appointees actin* under them shall be bound in his action by any opinion of any civil officer of the nited States.: Sec. !!. :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.: ;ootnote DG %roclamation of (mnesty and /econstruction
( %/-C$(9(TI-. :Whereas in and by the Constitution of the nited States it is provided that the %resident :shall have power to *rant reprieves and pardons for offenses a*ainst the nited States e5cept in cases of impeachmentJ: and :Whereas a rebellion now e5ists whereby the loyal State *overnments of several States have for a lon* time been subverted and many persons have committed and are now *uilty of treason a*ainst the nited StatesJ and Whereas with reference to said rebellion and
treason laws have been enacted by Con*ress declarin* forfeitures and confiscation of property and liberation of slaves all upon terms and conditions therein stated and also declarin* that the %resident was thereby authori6ed at any time thereafter by proclamation to e5tend to persons who may have participated in the e5istin* rebellion in any State or part thereof pardon and amnesty with such e5ceptions and at such times and on such conditions as he may deem e5pedient for the public welfareJ: and :Whereas the con*ressional declaration for limited and conditional pardon accords with wellestablished 8udicial e5position of the pardonin* powerJ: and :Whereas with reference to said rebellion the %resident of the nited States has issued several proclamations with provisions in re*ard to the liberation of slavesJ and Whereas it is now desired by some persons heretofore en*a*ed in said rebellion to resume their alle*iance to the nited States and to reinau*urate loyal State *overnments within and for their respective StatesJ therefore: :I (braham $incoln %resident of the nited States do proclaim declare and ma,e ,nown to all persons who have directly or by implication participated in the e5istin* rebellion e5cept as hereinafter e5cepted that a full pardon is hereby *ranted to them and each of them with restoration of all ri*hts of property e5cept as to
slaves and in property cases where ri*hts of third parties shall have intervened and upon the condition that every such person shall ta,e and subscribe an oath and thenceforward ,eep and maintain said oath inviolateJ and which oath shall be re*istered for permanent preservation and shall be of the tenor and effect followin* to witK: :I do solemnly swear in presence of (lmi*hty 0od that I will henceforth faithfully support protect and defend the Constitution of the nited States and the union of the States thereunderJ and that I will in li,e manner abide by and faithfully support all acts of Con*ress passed durin* the e5istin* rebellion with reference to slaves so lon* and so far as not repealed modified or held void by Con*ress or by decision of the Supreme CourtJ and that I will in li,e manner abide by and faithfully support all proclamations of the %resident made durin* the e5istin* rebellion havin* reference to slaves so lon* and so far as not modified or declared void by decision of the Supreme Court. So help me 0od.: :The persons e5cepted from the benefits of the fore*oin* provisions are all who are or shall have been civil or diplomatic officers or a*ents of the socalled confederate *overnmentJ all who have left 8udicial stations under the nited States to aid the rebellionJ all who are or shall have been military or naval officers of said socalled
confederate *overnment above the ran, of colonel in the army or of lieutenant in the navyJ all who left seats in the nited States Con*ress to aid the rebellionJ all who resi*ned commissions in the army or navy of the nited States and afterwards aided the rebellionJ and all who have en*a*ed in any way in treatin* colored persons or white persons in char*e of such otherwise than lawfully as prisoners of war and which persons may have been found in the nited States service as soldiers seamen or in any other capacity.: :(nd I do further proclaim declare and ma,e ,nown that whenever in any of the States of (r,ansas Te5as $ouisiana 9ississippi Tennessee (labama 0eor*ia ;lorida South Carolina and orth Carolina a number of persons not less than onetenth in number of the votes cast in such State at the %residential election of the year of our $ord one thousand ei*ht hundred and si5ty each havin* ta,en the oath aforesaid and not havin* since violated it and bein* a qualified voter by the election law of the State e5istin* immediately before the socalled act of secession and e5cludin* all others shall re establish a State *overnment which shall be republican and in no wise contravenin* said oath such shall be reco*ni6ed as the true *overnment of the State and the State shall receive thereunder the benefits of the constitutional provision which declares that :The nited States shall *uaranty to every
State in this union a republican form of *overnment and shall protect each of them a*ainst invasionJ and on application of the le*islature or the e5ecutive 1when the le*islature cannot be convened2 a*ainst domestic violence.: :(nd I do further proclaim declare and ma,e ,nown that any provision which may be adopted by such State *overnment in relation to the freed people of such State which shall reco*ni6e and declare their permanent freedom provide for their education and which may yet be consistent as a temporary arran*ement with their present condition as a laborin* landless and homeless class will not be ob8ected to by the national +5ecutive. (nd it is su**ested as not improper that in constructin* a loyal State *overnment in any State the name of the State the boundary the subdivisions the constitution and the *eneral code of laws as before the rebellion be maintained sub8ect only to the modifications made necessary by the conditions hereinbefore stated and such others if any not contravenin* said conditions and which may be deemed e5pedient by those framin* the new State *overnment.: :To avoid misunderstandin* it may be proper to say that this proclamation so far as it relates to State *overnments has no reference to States wherein loyal State *overnments have all the while been maintained. (nd for the same reason it may be proper to further say that whether members sent to
Con*ress from any State shall be admitted to seats constitutionally rests e5clusively with the respective Houses and not to any e5tent with the +5ecutive. (nd still further that this proclamation is intended to present the people of the States wherein the national authority has been suspended and loyal State *overnments have been subverted a mode in and by which the national authority and loyal State *overnments may be reestablished within said States or in any of themJ and while the mode presented is the best the +5ecutive can su**est with his present impressions it must not be understood that no other possible mode would be acceptable.: :0iven under my hand at the city of Washin*ton the "th. day of =ecember (.=. one thousand ei*ht hundred and si5tythree and of the independence of the nited States of (merica the ei*htyei*hth.: (B/(H(9 $IC-$ By the %residentK WI$$I(9 H. S+W(/= Secretary of State Footnote %
3eto messa*e by %resident &ohnson 9arch F !"#G :I have e5amined the bill to provide for the more efficient *overnment of the /ebel States' with care and an5iety which its transcendent importance is calculated to awa,en. I am unable
to *ive it my assent for reasons so *rave that I hope a statement of them may have some influence on the minds of the patriotic and enli*htened 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 rulesJ and the preamble underta,es to *ive the reason upon which the measure is based and the *round upon which it is 8ustified. It declares that there e5ists in those States no le*al *overnments and no adequate protection for life or property and asserts the necessity of enforcin* peace and *ood 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 *overnment with all the powers e5ecutive 8udicial and le*islative which properly belon* to a free state. They are or*ani6ed li,e the other States of the nion and li,e them they ma,e administer and e5ecute the laws which concern their domestic affairs. (n e5istin* de facto *overnment e5ercisin* such functions as these is itself the law of the state upon all matters within its 8urisdiction. To pronounce the supreme law ma,in* power of an established state ille*al is to say that law itself is unlawful.: :The provisions which these *overnments have made for the preservation of order the suppression of crime and the redress of private in8uries are in
substance and principle the same as those which prevailin* the orthern States and in other civili6ed countries. They certainly have not succeeded in preventin* the commission of all crime nor has this been accomplished any where in the world....But that people are maintainin* local *overnments for themselves which habitually defeat the ob8ect of all *overnment 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 ,nowled*e....: :The bill however would seem to show upon its face that the establishment of peace and *ood order is not its real ob8ect. The fifth section declares that the precedin* sections shall crease to operate in any state where certain events shall have happened. These events are first the selection of dele*ates to a State convention by an election at which e*roes shall be allowed to voteJ second the formation of a State Constitution by the convention so chosenJ third the insertion into the State constitution of a provision which will secure the ri*ht of votin* at all elections to e*roes and to such white men as may not be disfranchised for rebellion or felonyJ fourth the submission of the Constitution for ratification by their voteJ fifth the submission of the State Constitution to Con*ress for e5amination and approval and the actual approval of it by that bodyJ si5th the adoption of a certain
amendment to the ;ederal Constitution by a vote of $e*islature elected under the new ConstitutionJ seventh the adoption of said amendment by a sufficient number of other States to ma,e it a part of the Constitution of the nited States. (ll these conditions must be fulfilled before the people of any of these States can be relieved from the bonda*e of military dominationJ 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 e5cuse *iven 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 coercin* the people into the adoption of principles and measures to which it is ,nown that they are opposed and upon which they have an undeniable ri*ht to e5ercise their own 8ud*ment.: :I submit to Con*ress whether this measure is not in its whole character scope and ob8ect 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 (tlantic have shed so much blood and e5pended so much treasure.: :The ten States named in the bill are divided into five districts. ;or each district an officer of the (rmy not below the ran, of a bri*adier *eneral is to be appointed to rule
over the peopleJ 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 ri*hts 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 *iven to commandin* officer over all the people of each district is that of an absolute monarch. His mere will is to ta,e the place of all law....: :It is plain that the authority here *iven to the military officer amounts to absolute despotism. But to ma,e it still more unendurable the bill provides that it may be dele*ated 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 9onarch in +n*land for more than five hundred years. In all that time no people who spea, the +n*lish lan*ua*e have borne such servitude. It reduces the whole population of the ten States all persons of every color se5 and condition and every stran*er within their limits to the most ab8ect and de*radin* slavery. o master ever had a control so absolute over the slaves as this bill *ives 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 e5ecution a measure li,e 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 ;ederal 0overnment e5ecutive le*islative or 8udicial can have any 8ust powers e5cept those which it derives throu*h and e5ercises under the or*anic laws of the nion. -utside of the Constitution we have no le*al authority more than private citi6ens and within it we have only so much as that instrument *ives us. This broad principle limits all our functions and applies to all sub8ects. It protects not only the citi6ens of States which are within the nion but it shields every human bein* who comes or is brou*ht under our 8urisdiction. We have no ri*ht 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 nion we could not treat their people in a way which the fundamental law forbids. Some persons assume that the success of our arms in crushin* the opposition which was made in some of the States to the e5ecution of the ;ederal laws reduced those States and all their people the innocent as well as the *uilty to the condition of vassala*e and *ave us a power over them which the Constitution does not bestow or define or limit. o fallacy can be more transparent than this. -ur victories sub8ected the insur*ents to le*al obedience
not to the yo,e of an arbitrary despotism. When an absolute soverei*n reduces hi s rebellious sub8ects he may deal with them accordin* to his pleasure because he had that power before. But when a limited monarch puts down an insurrection he must still *overn accordin* to law....: :This is a bill passed by Con*ress in time of peace. There is not in any one of the States brou*ht under its operation either war or insurrection. The laws of the States and of the ;ederal 0overnment are all in undisturbed and harmonious operation. The courts State and ;ederal are open and in the full e5ercise of their proper authority. -ver every State comprised in these five military districts life and property are secured by State laws and ;ederal laws and the ational Constitution is every where in force and every where obeyed. What then is the *round on which the bill proceeds@ The title of the bill announces that it is intended 'for the more efficient *overnment' of these ten States. It is recited by way of preamble that no le*al State 0overnments 'nor adequate protection for live or property' e5ist in those States and that peace and *ood order should be thus recitals which prepare the way for martial law is this that the only foundation upon which martial law can e5ist under our form of 0overnment is not stated or so much as pretended. (ctual war forei*n invasion domestic insurrection none of these
appearJ and none of these in fact e5ist. It is not even recited that any sort of war or insurrection is threatened. $et us pause to consider upon this question of constitutional law and power of Con*ress a recent decision of the Supreme Court of the nited States in e5 parte 9illi*an I will first quote form the opinion of the ma8ority of the CourtK '9artial 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 authorityJ but this bill in time of peace ma,es martial law operate as thou*h we were in actual war and becomes the cause instead of the consequence of the abro*ation of civil authority. -ne more quotationK 'It follows from what has been said on this sub8ect that there are occasions when martial law can be properly applied. If in forei*n invasion or civil war the courts are actually closed and it is impossible to administer criminal 8ustice accordin* 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 societyJ and as no power is left by the military it is allowed to *overn 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 &ustice ChaseK 'We by no means assert that Con*ress can establish and apply the laws of war where no war has been declared or e5ists. Where peace e5ists the laws of peace must prevail.': :This sufficiently e5plicit. %eace e5ists in all the territory to which this bill applies. It asserts a power in Con*ress in time of peace to set aside the laws of peace and to substitute the laws of war. The minority concurrin* with the ma8ority declares that Con*ress does not possess that power....I need not say to the representatives of the (merican people that their Constitution forbids the e5ercise of 8udicial power in any way but one that is by the ordained and established courts. It is equally well ,nown that in all criminal cases a trial by 8ury is made indispensable by the e5press words of that instrument.: :...The Constitution also forbids the arrest of the citi6en without 8udicial warrant founded on probable cause. This bill authori6es 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 *rand 8ury'. This bill holds ever person not a soldier answerable for all crimes and all char*es 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 ma,es the citi6en answerable in his person and property to the will of one man and as to his life to the will of two. ;inally the Constitution declares that 'the privile*e of the writ of habeas corpus shall not be suspended unless when in case of rebellion or invasion the public safety may require it'J whereas this bill declares martial law 1which of itself suspends this *reat writ2 in time of peace and authori6es the military to ma,e the arrest and *ives to the prisoner only one privile*e and that is trial 'without unnecessary delay'. He has no hope of release from custody e5cept the hope such as it is of release by acquittal before a military commission.: :The nited States are bound to *uarantee to each State a republican form of *overnment. Can it be pretended that this obli*ation is not palpably bro,en if we carry out a measure li,e this which wipes away every vesti*e of republican *overnment in ten States and puts the life property and honor of all people in each of them under domination of a sin*le person clothed with unlimited authority@: :....here is a bill of attainder a*ainst < people at once. It is based upon an accusation so va*ue as to be scarcely intelli*ible and found to be true upon no credible evidence. ot one of the < was heard in his own defense. The representatives of the doomed parties were e5cluded from
all participation in the trial. The conviction is to be followed by the most i*nominious punishment ever inflicted on lar*e messes of men. It disfranchises them by hundreds of thousands and de*rades them all even those who are admitted to be *uiltless from the ran, of freeman to the condition of slaves.: :The purpose and ob8ect of the bill the *eneral intent which pervades it from be*innin* to end is to chan*e the entire structure and character of the State 0overnments and to compel them by force to the adoption of or*anic laws and re*ulations which they are unwillin* to accept if left to themselves. The e*roes have not as,ed for the privile*e of votin*J the vast ma8ority 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 le*islature which will act upon certain measures in a prescribed way neither blac,s nor whites can be relieved from the slavery which the bill imposes upon them. Without pausin* here to consider the policy or impolicy of (fricani6in* the souther part of our territory I would simply as, the attention of Con*ress to the manifest well,nown and universally ac,nowled*ed rule of Constitutional law which declares that the ;ederal 0overnment has no 8urisdiction authority or power to re*ulate such sub8ects for any State.
To force the ri*ht of suffra*e out of the hands of white people and into the hands of the e*roes 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 in8unctions of that instrument ou*ht to be obeyed or not. I thin, they ou*ht to be obeyed for reasons which I will proceed to *ive as briefly as possible. In the first place it is the only system of free 0overnment which we can hope to have as a ation. When it ceases to be the rule of our conduct we may perhaps ta,e our choice between complete anarchy a consolidated despotism and a total dissolution of the nionJ but national liberty re*ulated by law will have passed beyond our reach...: :It was to punish the *ross crime of defyin* the Constitution and to vindicate its supreme authority that we carried on a bloody war of four year's duration. Shall we now ac,nowled*e that we sacrificed a million of lives and e5pended 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 for*otten that both Houses of Con*ress in &uly !"#! declared in the form of a soleman resolution that the war was and should be carried on for no
purpose of sub8u*ation but solely to enforce the Constitutional ri*hts 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 dissentin* voices in the House. It was accepted by the friends of the nion in the South as well as in the orth as e5pressin* honestly and truly the ob8ect of the war. -n the faith of it many thousands of persons in both sections *ave their lives and their fortunes to the cause. To repudiate it now by refusin* to the States and to the individuals within them the 'ri*hts' which the Constitution and laws of the nion would secure to them is a breach of our pli*hted honor for which I can ima*ine no e5cuse and to which I cannot voluntarily become a party....: :....I am thorou*hly convinced that any settlement or compromise or plan of actions which is inconsistent with the principles of the Constitution will not only be unavailin* but mischievousJ that is will but multiply the present evils instead of removin* them. The Constitution in its whole inte*rity and vi*or throu*hout the len*th and breadth of the land is the best of all compromises. Besides our duty does not in my 8ud*ement 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 0overnment would unite upon its provisions they would be found broad enou*h and stron*
enou*h to sustain in time of peace the ation which they bore safely throu*h the ordeal of a protracted civil war. (mon* the most sacred *uaranties of that instrument are those which declare that 'each State shall have at least one /epresentative' and that 'no State without its consent shall be deprived of its equal suffra*e in the Senate'. +ach House is made the '8ud*e of the elections returns and qualifications of its own members' and may 'with the concurrence of twothirds e5pel a member'. Thus as heretofore ur*ed 'in the admission of Senators and /epresentatives from any and all of the States there can no 8ust *round of apprehension that persons who are disloyal will be clothed with the powers of le*islation for this could not happen when the Constitution and the laws are enforced by a vi*ilant and faithful Con*ress'. When a Senator or /epresentative presents his certificate of election he may at once be admitted or re8ected or should there be any question as to his eli*ibility his credentials may be referred for investi*ation 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 le*al qualifications. If refused admission as a member for want of due alle*iance to the 0overnment and returned to his constituents they are admonished that none but
persons loyal to the nited States will be allowed a voice in the le*islative councils of the ation and the political power and moral influence of Con*ress are thus effectively e5erted in the interests of loyalty to the 0overnment and fidelity of the nion....: :While we are le*islatin* upon sub8ects which are of *reat importance to the whole people and which must affect all parts of the country not only hurtin* the life of the present *eneration but for a*es to come we should remember that all men are entitled at least to a hearin* in the councils which decide upon the destiny of themselves and their children. (t present ten States are denied representation and when the ;ortieth Con*ress assembles on the Eth day of the present month si5teen States will be without a voice in the House of /epresentatives. This *rave fact with the important questions before us should induce us to pause in a course of le*islation which loo,in* solely to the attainment of political ends fails to consider the ri*hts it trans*resses the law which it violates or the institutions which it imperils.: (ndrew &ohnson Footnote #
(rticle !. :( place district or country occupied by an enemy stands in consequence of the occupation under the 9artial $aw of the invadin* or occupyin* army whether any proclamation declarin*
9artial $aw or any public warnin* to the inhabitants has been issued or not. 9artial $aw is the immediate and direct effect and consequence of occupation or conquest.: 0en. -rders o. ! by %resident $incoln FE (pril !"#4 (rt. 4. :9artial $aw in a hostile country consists in the suspension by the occupyin* military authority of the criminal and civil law and of the domestic administration and *overnment 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 *eneral laws as far as military necessity requires this suspension substitution or dictation.: 0en. -rders o. ! by %resident $incoln FE (pril !"#4 :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.: 0en. -rders o. ! by %resident $incoln FE (pril !"#4 (rt. #. :(ll civil and penal law shall continue to ta,e its usual course in the enemy's places and territories under 9artial $aw unless interrupted or stopped by order of the occupyin* military powerJ but all the functions of the hostile *overnment le*islative e5ecutive
or administrative whether of a *eneral provincial or local character cease under 9artial $aw or continue only with the sanction or if deemed necessary the participation of the occupier or invader.: 0en. -rders o. ! by %resident $incoln FE (pril !"#4 (rt. !. :9artial $aw affects chiefly the police and collection of public revenue and ta5es whether imposed by the e5pelled *overnment or by the invader and refers mainly to the support and efficiency of the army its safety and the safety of its operations.: 0en. -rders o. ! by %resident $incoln FE (pril !"#4 (rt. !F. :Whenever feasible 9artial $aw is carried out in cases of individual offenders by 9ilitary CourtsJ but sentences of death shall be e5ecuted only with the approval of the chief e5ecutive provided the ur*ency of the case does not require a speedier e5ecution and then only with the approval of the chief commander.: 0en. -rders o. ! by %resident $incoln FE (pril !"#4 (rt. !4.:9ilitary 8urisdiction is of two ,indsK ;irst that which is conferred and defined by statuteJ second that which is derived from the common law of war. 9ilitary offenses under the statute law must
be tried in the manner therein directedJ 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 e5ercise these 8urisdictions depends upon the local laws of each particular country.: 0en. -rders o. ! by %resident $incoln FE (pril !"#4 (rt. !G. :War is not carried on by arms alone. It is lawful to starve the hostile belli*erent armed or unarmed so that it leads to the speedier sub8ection of the enemy.: 0en. -rders o. ! by %resident $incoln FE (pril !"#4 (rt. F#. :Commandin* *enerals may cause the ma*istrates and civil officers of the hostile country to ta,e the oath of temporary alle*iance or an oath of fidelity to their own victorious *overnment or rulers and they may e5pel 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 lon* as they hold sway over the district or country at the peril of their lives.: 0en. -rders o. ! by %resident $incoln FE (pril !"#4 (rt. 4!. :( victorious army appropriates all public money sei6es all public movable property until further direction by its *overnment and sequesters for its
own benefit or of that of its *overnment all the revenues of real property belon*in* to the hostile *overnment or nation. The title to such real property remains in abeyance durin* military occupation and until the conquest is made complete.: 0en. -rders o. ! by %resident $incoln FE (pril !"#4 (rt. 44. :It is no lon*er considered lawful on the contrary it is held to be a serious breach of the law of war to force the sub8ects of the enemy into the service of the victorious *overnment e5cept the latter should proclaim after a fair and complete conquest of the hostile country or district that it is resolved to ,eep the country district or place permanently as its own and ma,e it a portion of its own country.: 0en. -rders o. ! by %resident $incoln FE (pril !"#4 (rt. 4<. :The salaries of civil officers of the hostile *overnment who remain in the invaded territory and continue the wor, of their office and can continue it accordin* to the circumstances arisin* out of the war such as 8ud*es administrative or police officers officers of city or communal *overnments are paid from the public revenue of the invaded territory until the military *overnment has reason wholly or partially to discontinue it. Salaries
or incomes connected with purely honorary titles are always stopped.: 0en. -rders o. ! by %resident $incoln FE (pril !"#4 (rt. E!. :(ll municipal law of the *round on which the armies stand or of the countries to which they belon* is silent and of no effect between armies in the field.: 0en. -rders o. ! by %resident $incoln FE (pril !"#4 (rt. E4. :Therefore in a war between the nited States and a belli*erent which admits of slavery if a person held in bonda*e by that belli*erent be captured by or come as a fu*itive under the protection of the military forces of the nited States such person is immediately entitled to the ri*hts and privile*es of a freeman To return such person into slavery would amount to enslavin* a free person and neither the nited States nor any officer under their authority can enslave any human bein*. 9oreover 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 belli*erent lien or claim of service.: 0en. -rders o. ! by %resident $incoln FE (pril !"#4 Footnote ";
:The ri*ht to thus occupy an
enemy's country and temporarily provide for its *overnment has been reco*ni6ed by previous action of the e5ecutive authority and sanctioned by frequent decisions of this court. The local *overnment bein* destroyed the conqueror may set up its own authority and ma,e rules and re*ulations for the conduct of temporary *overnment and to that end may collect ta5es and duties to support the military authority and carry on operations incident to the occupation.: 9acleod v. .S FF< .S. E!# !
suspended or chan*ed by the acts of the conqueror. . . . He nevertheless has all the powers of a de facto *overnment and can at his pleasure either chan*e the e5istin* laws or ma,e new ones.: =ooley v. .S. !"F .S. FFF !<! :$oo, 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 ta,en into account for the purpose of establishin* ports of entry collection districts and the necessary N!"F .S. FFF FEFO machinery to enforce them. -f course it is patent that such investi*ations cannot be made prior to acquisition. But as the laws immediately e5tend without action of Con*ress as the result of acquisition it must follows that they e5tend althou*h 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 *overnment of the nited States to enter a forei*n country e5amine its situation and enact le*islation for it before it has passed under the soverei*nty of the nited States. ;rom the point of view of the nited States then it seems to me that the doctrine of the immediate placin* of the tariff laws outside the line of newly acquired territory however e5treme may be the opinion entertained of the doctrine of immediate incorporation is
inadmissible and in conflict with the Constitution.: =ooley v. .S. !"F .S. FFF !<! :The 8urisdiction of the conqueror is complete. He may chan*e the form of *overnment and the laws at his pleasure and may e5ercise every attribute of soverei*nty. The conquered territory becomes a part of the domain of the conqueror sub8ect to the ri*ht of the nation to which it belon*ed to recapture it if they can. By reason of this ri*ht to recapture the title of the conqueror is not perfect until confirmed by treaty of peace. But this imperfection in his title is practically spea,in* important only in case of alienation made by the conqueror before treaty. If he sells he sells sub8ect to the ri*ht of recapture.: :But althou*h for purposes of sale the title of the conqueror is imperfect before cession for purposes of *overnment and 8urisdiction his title is perfect before cession. (s lon* as he retains possession he is soverei*nJ and not the less soverei*n because his soverei*nty may not endure for ever. N .S. #4 #"O 0rotius 1ch. # boo, 4 E2 spea,in* of the ri*ht to thin*s ta,en in war says that land is reputed lost which is so secured by fortifications that without their bein* forced it cannot be repossessed by the first owner. (nd in ch. " boo, 4 treatin* of empire over the conquered he shows that soverei*nty may be acquired by conquest.: ;lemin* v. %a*e .S. #4 !"
:!st. That by conquest and firm military occupation of a portion of an enemy's country the soverei*nty of the nation to which the conquered territory belon*s is subverted and the soverei*nty of the conqueror is substituted in its place.: :Fd. That althou*h this soverei*nty until cession by treaty is sub8ect to be ousted by the enemy and therefore does not *ive an indefeasible title for purposes of alienation yet while it e5ists it is supreme and confers 8urisdiction without limit over the conquered territory and the ri*ht to alle*iance in return for protection.: ;lemin* v. %a*e .S. #4 !" :It cannot be denied that these principles established by the common consent of the civili6ed world must *overn the title to conquests made by the nited States. (s 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 re*ulated by that law.: ;lemin* v. %a*e .S. #4 !" :The messa*es of the %resident to Con*ress durin* the war and the instructions from the heads of departments contain authoritative declarations as to the ri*ht of the nited States to acquire forei*n territory by conquest and as to the effect of such conquest upon the soverei*nty of the conquered territory in accordance with the principles above stated. Thus the
%resident in his messa*e of =ecember !"E# saysK 'By the law of nations a conquered territory is sub8ect to be *overned by the conqueror durin* his military possession and until there is either a treaty of peace or he shall voluntarily withdraw from it. The old civil *overnment bein* necessarily superseded it is the ri*ht and duty of the conqueror to secure his conquest and to provide for the maintenance of civil order and the ri*hts of the inhabitants. This ri*ht has been e5ercised and this duty performed by our military and naval commanders by the establishment of temporary *overnments in some of the conquered provinces in 9e5ico assimilatin* them as far as practicable to the free institutions of our own country.: ;lemin* v. %a*e .S. #4 !" :( war therefore declared by Con*ress can never be presumed to be wa*ed for the purpose of conquest or the acquisition of territoryJ nor does the law declarin* the war imply an authority to the %resident to enlar*e the limits of the nited States by sub8u*atin* the enemy's country. The nited States it is true may e5tend its boundaries by conquest or treaty and N .S. #4 #!O may demand the cession of territory as the condition of peace in order to indemnify its citi6ens for the in8uries they have suffered or to reimburse the *overnment for the e5penses of the war. But this can be done only by the
treatyma,in* power or the le*islative authority and is not a part of the power conferred upon the %resident by the declaration of war. His duty and his power are purely military. (s commanderin chief he is authori6ed 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 sub8ect it to the soverei*nty and authority of the nited States. But his conquests do not enlar*e the boundaries of this nion nor e5tend the operation of our institutions and laws beyond the limits before assi*ned to them by the le*islative power.: ;lemin* v. %a*e .S. #4 !" :The theory that a country remains forei*n with respect to the tariff laws until Con*ress has acted by embracin* it within the customs union presupposes that a country may be domestic for one purpose and forei*n for another. It may undoubtedly become necessary for the adequate administration of a domestic territory to pass a special act providin* the proper machinery and officers as the %resident would have no authority e5cept under the war power to administer it himselfJ but no act is necessary to ma,e it domestic territory if once it has been ceded to the nited States. . . . This theory also presupposes that territory may be held indefinitely by the nited StatesJ that it may be
treated in every particular e5cept for tariff purposes as domestic territoryJ that laws may be enacted and enforced by officers of the nited States sent there for that purposeJ that insurrections N!"4 .S. !G# !G
nited States to establish on said islands a *overnment suitable to the wants and conditions of the inhabitants of said island to prepare them for local self*overnment and in due time to ma,e such disposition of said islands as will best promote the interests of the nited States and the inhabitants of said islands.: Con*. /ec. th Con*. 4d Sess. vol. 4F p. !"EG. The =iamond /in*s !"4 .S. !G# !<! Footnote ""
&ames 9ont*omery C7- ! Bridlewood /d. Hi*h %oint orth Carolina (u*ust FG !<< =ear Sheriff .... I 8ust want to say at the outset that your reputation precedes you. Those that live in ....... County are fortunate because your method of fi*htin* crime wor,s and will restore the public's trust in local law enforcement. (s a matter of introduction I am a former nited States 9arine and I am a Christian. 9y friend Bill is deliverin* this letterJ you have already tal,ed to him about this information. I want you to ,eep one thin* in mind - have the ability to understand the information in this letter. - have the ability to understand the present law and past law the Constitution. That's
ri*ht?...I'm sayin* the Constitution is past tense as a restrictive document on Con*ress. I do not ma,e this statement li*htly and I can prove it. The Constitution was a commercial compact between states *ivin* the federal *overnment limited powers. The Bill of /i*hts was meant not as our source of ri*hts but as further limitations on the federal *overnment. -ur forefathers saw the potential for dan*er in the . S. Constitution. To insure the Constitution was not presumed to be our source of ri*hts the !th (mendment was added. I will use a quote from Thomas &efferson ;ebruary ! !G
-bviously from ,nown history our fla* did not have a yellow frin*e borderin* three sides. The nited States did not start puttin* fla*s with a yellow frin*e on them in *overnment buildin*s and public buildin*s until the !<'s. -f course the question you would as, yourselfJ why did it chan*e and are there any le*al meanin*s behind this@ -h yes? ;irst the appearance of our fla* is defined in Title E sec. !. .S.C.. :The fla* of the nited States shall be thirteen hori6ontal stripes alternate red and whiteJ and the union of the fla* shall be fortyei*ht stars white in a blue field.: 1my note of course when new states are admitted new stars are added.2 ( foot note was added on pa*e !!!4 of the same section which saysK :%lacin* of frin*e on the national fla* the dimensions of the fla* and arran*ement of the stars are matters of detail not controlled by statute but within the discretion of the %resident as commanderinchief of the army and navy.: !
the re*ular fla* of the nited States e5cept that it has a +$$-W ;/I0+ bordered on three sides. The %resident of the nited states desi*nates this deviation from the re*ular fla* by e5ecutive order and in his capacity as C-99(=+/ I CHI+; of the (rmed forces.: ;rom the ational +ncyclopedia 3olume EK :;la* an emblem of a nationJ usually made of cloth and flown from a staff. ;rom a military standpoint fla*s are of two *eneral classes those flown from stationary masts over army posts and those carried by troops in formation. The former are referred to by the *eneral name fla*s. The latter are called colors when carried by dismounted troops. Colors and Standards are more nearly square than fla*s and are made of sil, with a ,notted ;rin*e of ellow on three sides...use of the fla*. The most *eneral and appropriate use of the fla* is as a symbol of authority and power.: The reason I started with the ;la* issue is because it is so easy to *rasp. The main problem I have with the yellow frin*e is that by its use our Constitutional /epublic is no more. -ur system of law was chan*ed without the public's ,nowled*e. It was ,ept secret this is fraud the (merican people were allowed to believe this was 8ust a decoration. Because the law chan*ed from Common $aw 10od's $aw2 to (dmiralty $aw 1the ,in*s
law2 your status also chan*ed from soverei*n to sub8ect. ;rom bein* able to own property 1allodial title2 to not ownin* property 1tenet on the land2. If you thin, you own your property stop payin* ta5es it will be ta,en under the pri6e law. :The ultimate ownership of all property is in the stateJ individual socalled ownership' is only by virtue of *overnment i.e. law amountin* to a mere userJ and use must be in accordance with law and subordinate to the necessities of the State.: Senate =ocument o. E4 :Contracts payable in 0old: written in !<44. By our allowin* to let these military fla*s fly the (merican people have admitted our defeat and loss of status. /ead on you'll see what I mean. /emember the Constitution reco*ni6es three forms of law bein* *overned by the $aw of the ;la* is (dmiralty law. I will cover this in a minute the followin* is a definition of the le*al term $aw of the ;la*. :...The a*ency of the master is devolved upon him by the law of the fla*. The same law that confers his authority ascertains its limits and the fla* at the masthead is notice to all the world of the e5tent of such power to bind the owners or frei*hters by his act. The forei*ner who deals with this a*ent has notice of that law and if he be bound by it there is not in8ustice. His notice is the national fla* 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 frei*hters as their a*ent for a specific purpose and with power well defined under the national maritime law.: Bouvier's $aw =ictionary !
sayin* this is the most incredible thin* I have ever heard. - 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. (dmiralty law is for the sea maritime law *overn's contracts between parties that trade over the sea. Well that's what our forefathers intended. However in !"E Con*ress passed an act sayin* (dmiralty law could come on land. The bill may be traced in Con*. 0lobe F"th Con*. Fd. Sess. E4 4F 4F" 44G 4E 1!"EEE2 no opposition to the (ct is reported. Con*ress held a committee on this sub8ect in !" and they saidK :The committee also alluded to :the *reat force: of :the *reat constitutional question as to the power of Con*ress to e5tend maritime 8urisdiction beyond the *round occupied by it at the adoption of the Constitution....: Ibid. H./. /ep. o. GF 4!st Con*. !st Sess. F 1!"2 It was up to the Supreme Court to stop Con*ress and say -? The Constitution did not *ive you that power nor was it intended. But no the courts be*an a lon* train of abuses here are some e5cerpts from a few court cases. :This power is as e5tensive upon land as upon water. The Constitution ma,es no distinction in that respect. (nd if the admiralty 8urisdiction in matters of contract
and tort which the courts of the nited States may lawfully e5ercise on the hi*h seas can be e5tended to the la,es under the power to re*ulate commerce it can with the same propriety and upon the same construction be e5tended to contracts and torts on land when the commerce is between different States. (nd it may embrace also the vehicles and persons en*a*ed in carryin* it on 1my note remember what the law of the fla* said when you receive benefits from the ,in*.2 It would be in the power of Con*ress to confer admiralty 8urisdiction upon its courts over the cars en*a*ed in transportin* passen*ers or merchandise from one State to another and over the persons en*a*ed in conductin* them and deny to the parties the trial by 8ury. ow the 8udicial power in cases of admiralty and maritime 8urisdiction has never been supposed to e5tend to contracts made on land and to be e5ecuted on land. But if the power of re*ulatin* commerce can be made the foundation of 8urisdiction in its courts and a new and e5tended admiralty 8urisdiction beyond its heretofore ,nown and admitted limits may be created on water under that authority the same reason would 8ustify the same e5ercise of power on land.: %ropeller 0enessee Chief et al. v. ;it6hu*h et al. !F How. EE4 1.S. !"!2 :e5t to revenue 1ta5es2 itself the late e5tensions of the 8urisdiction of the admiralty are our
*reatest *rievance. The (merican Courts of (dmiralty seem to be formin* by de*rees 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 thou*ht in +n*land a dan*erous innovation if the trial of any matter on land was *iven to the admiralty.: &ac,son v. 9a*nolia F How. F<# 4! 4EF 1.S. !"F2 This be*an the most dan*erous precedent of all the Insular Cases. This is where Con*ress too, a boundless field of power. When le*islatin* for the states they are bound by the Constitution when le*islatin* for their insular possessions they are not restricted in any way by the Constitution. /ead the followin* quote from the Harvard law reviewK :These courts then are not constitutional courts in which the 8udicial power conferred by the Constitution on the *eneral *overnment can be deposited. They are incapable of receivin* it. They are le*islative courts created in virtue of the *eneral ri*ht of soverei*nty which e5ists in the *overnment or in virtue of that clause which enables Con*ress to ma,e all needful rules and re*ulations respectin* the territory belon*in* to the united States. The 8urisdiction with which they are invested is not a part of that 8udicial power which is conferred in the third article of the Constitution but is conferred by Con*ress in the
e5ecution of those *eneral powers which that body possesses over the territories of the nited States.: Harvard $aw /eview -ur ew %ossessions. pa*e E"!. Here are some Court cases that ma,e it even clearer 9r. ....K :...NTOhe nited States may acquire territory by conquest or by treaty and may *overn it throu*h the e5ercise of the power of Con*ress conferred by Section 4 of (rticle I3 of the Constitution...: :In e5ercisin* this power Con*ress is not sub8ect to the same constitutional limitations as when it is le*islatin* for the nited States. .. .(nd in *eneral the *uaranties of the Constitution save as they are limitations upon the e5ercise of e5ecutive and le*islative power when e5erted for or over our insular possessions e5tend to them only as Con*ress in the e5ercise of its le*islative power over territory belon*in* to the nited States has made those *uarantees applicable.: Hooven P (llison P Co. vs +vatt 4FE .S. #F 1!
by e5ercisin* such powers as other nations of the earth are accustomed to e5ercise.: :I ta,e leave to say that if the principles thus announced should ever receive the sanction of a ma8ority of this court a radical and mischievous chan*e in our system of *overnment will be the result. We will in that event pass from the era of constitutional liberty *uarded and protected by a written constitution into an era of le*islative absolutism.: :It will be an evil day for (merican liberty if the theory of a *overnment outside of the supreme law of the land finds lod*ment in our constitutional 8urisprudence. o hi*her duty rests upon this court than to e5ert its full authority to prevent all violation of the principles of the constitution.: =ownes vs Bidwell !"F .S. FEE 1!<!2 These actions allowed (dmiralty law to come on land. If you will remember the definition of the $aw of the ;la*. When you receive benefits or enter into contracts with the ,in* you come under his law which is (dmiralty law. (nd what is a result of your connection with the ,in*@ ( loss of your Soverei*n status. -ur i*norance of the law is no e5cuse. I'll *ive you an e5ample somethin* you deal with everyday. $et's say you *ive me a seat belt tic,et. What law did I violate@ /emember the Constitution reco*ni6es three forms of law. Was it common law@ Who was the in8ured party@ o one. So it could
not have been common law even thou*h the State of . C. has made chapter F of the 9otor 3ehicle code carry common law penalties 8ail time. This was the only thin* they could do to cover up the 8urisdiction they were operatin* in. Was it +quity law@ o there is no contract in dispute drivin* is a privile*e *ranted by the ,in*. If it were a contract the CC would apply and it doesn't. In a contract both parties have equal ri*hts. In a privile*e you do as you are told or the privile*e is revo,ed. Well *uess what there is only one form of law left admiralty. (s, yourself when did licenses be*in to be required@ !<44. (ll district courts are admiralty courts see the &udiciary (ct of !G"<. :It is only with the e5tent of powers possessed by the district courts actin* as instance courts of admiralty we are dealin*. The (ct of !G"< *ives the entire constitutional power to determine :all civil causes of admiralty and maritime 8urisdiction: leavin* the courts to ascertain its limits as cases may arise.: Warin* +T ($. v. Clar,e Howard !F $. ed. !"EG When you enter a court room and come before the 8ud*e and the .S. fla* with the yellow frin*e flyin* you are put on notice of the law you are in. (merican's aren't aware of this so they continue to claim Constitutional ri*hts. In the
(dmiralty settin* the constitution does not apply and the 8ud*e if pushed will inform you of this by placin* you under contempt for continuin* to brin* it up. If the 8ud*e is pressed his name for this hidden law is statutory law. Where are the rules and re*ulations for statutory law ,ept@ They don't e5ist. If statuary law e5isted there would be rules and re*ulations *overnin* it's procedures and court rules. They do not e5ist??? The way you ,now this is (dmiralty is from the yellow frin*ed fla* and from the actions of the law compelled performance 1(dmiralty2. The 8ud*es can still move at common law 1murder etc.2 and equity 1contract disputes etc.2. It's up to the type of case brou*ht before the court. If the case is (dmiralty the only way bac, to the common law is the savin* to suitor clause and action under (dmiralty. The court and rules of all three 8urisdictions have been blended. nder (dmiralty you are compelled to perform under the a*reement you made by as,in* and receivin* the ,in*'s *overnment 1license2. ou receive the benefit of drivin* on federal roads 1military roads2 so you have voluntarily obli*ated yourself to this system of law this is why you are compelled to obey. If you don't it will cost you money or 8ail time or both. The type of offense determines the 8urisdiction you come under but the court itself is an (dmiralty court defined by the fla*. =rivin* without a seat belt under Chapter F =93 code carries a criminal penalty for a
non common law offense. (*ain where is the in8ured party or parties this is (dmiralty law. Here is a quote to prove what I said about the roads bein* military this is only one benefit there are manyK :Whilst deeply convinced of these truths I yet consider it clear that under the warma,in* power Con*ress 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 nion a*ainst forei*n invasion. nder the Constitution Con*ress 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 ma,in* power the correspondin* duty is required that :the nited States shall protect each of them Nthe StatesO a*ainst invasion.: ow how is it possible to afford this protection to California and our %acific possessions e5cept by means of a military road throu*h the Territories of the nited States over which men and munitions of war may be speedily transported from the (tlantic States to meet and to repel the
[email protected] the 0overnment ever since its ori*in has been in the constant practice of constructin* military roads.: Inau*ural (ddress of &ames Buchanan 9arch E !"G..9essa*es and %apers of the %residents !G"< !<F.
I want to briefly mention the Social Security (ct the ne5us (*reement you have with the ,in*. ou were told the SSD was for retirement and you had to have it to wor,. It sounds li,e a license to me and it is it is a license *ranted by the %resident to wor, in this country under the Tradin* with the +nemy (ct as amended in 9arch < !<44 as you will see in a moment. Was it really for your retirement@ What does ;.I.C.(. stand for@ ;ederal Insurance Contribution (ct. What does contribution mean at law not Webster's =ictionary. This is where they were able to *et you to admit that you were 8ointly responsible for the national debt and you declared that you were a ;ourteenth (mendment citi6en which I won't *o into in this paper or the +rie /ailroad v. Tomp,ins case where common law was over turned. /ead the followin* definition to learn what it means to have a SSD and pay a contributionK Contribution. /i*ht of one who has dischar*ed a common liability to recover of another also liable the aliquot portion which he ou*ht to pay or bear. nder principle of :contribution: a tortfeasor a*ainst whom a 8ud*ement is rendered is entitled to recover proportional shares of 8ud*ement from other 8oint tortfeasor whose ne*li*ence contributed to the in8ury and who were also liable to the plaintiff. 1foot note tort feasor means wron* doer what did you do to be defined as a
wron* doer@@@2 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 sharin* of a loss or payment amon* several. The act of any one or several of a number of codebtors cosureties etc. in reimbursin* one of their number who has paid the whole debt or suffered the whole liability each to the e5tent of his proportionate share. 1Blac,s $aw =ictionary #th ed.2 0uess what@ It *ets worse. What does this date !<44 mean@ Well you better sit down. ;irst remember World War I in !
business as the %resident if he shall find the safety of the nited States of the successful prosecution of the war shall so require may by proclamation include within the term :enemy.:: ow this leads us up to !<44. -ur country was recoverin* from a depression and now was declared ban,rupt. I ,now you are sayin*. =o What the (merican people were never told about this@ %ublic policy and ational Security overruled the public ri*ht to ,now. /ead the followin* Con*ressional quoteK :9y investi*ation convinced me that durin* the last quarter of a century the avera*e production of *old has been fallin* off considerably. The *old mines of the world are practically e5hausted. There is only about Z!! in *old in the world with the nited States ownin* a little more than four billions. We have more than Z! in debts payable in *old of the present wei*ht and fineness....(s a practical proposition these contracts cannot be collected in *old for the obvious reason that the *old supply of the entire world is not sufficient to ma,e payment.: Con*ressional /ecord Con*ressman =ies 9arch ! !<44 Before !<44 all contracts with the *overnment were payable in *old. ow I as, you@ Who in their ri*ht mind would enter into contracts totalin* -ne Hundred
billion dollars in *old when there was only eleven billion in *old in the whole world we had about four billion. To ,eep from bein* hun* by the (merican public they obeyed the ban,sters demands and turned over our country to them. They never came out and said we were in ban,ruptcy but the fact remains we are. In !<44 the *old of the whole country had to be turned in to the ban,sters and all *overnment contracts in *old were canceled. This is ban,ruptcy. :9r. Spea,er we are here now in chapter !!. 9embers of Con*ress are official trustees presidin* over the *reatest reor*ani6ation of any ban,rupt entity in world history the .S. *overnment.: Con*ressman Traficant on the House floor 9arch !G :!<<4: The wealth of the nation includin* our land was turned over to the ban,sters. In return the nations ! billion dollar debt was for*iven. I have two papers that have circulated the country on this sub8ect. /emember &esus said :money is the root of all evil: The Con*ress of !<44 sold every (merican into slavery to protect their asses. /ead the followin* Con*ressional quotesK :I want to show you where the people are bein* imposed upon by reason of the dele*ation of this tremendous power. I invite your attention to the fact that section !#
of the ;ederal /eserve (ct provides that whenever the 0overnment of the nited States issues and delivers money ;ederal /eserve notes which are based on the credit of the ationthey represent a mort*a*e upon your home and my home and upon all the property of all the people of the ationto the ;ederal /eserve a*ent an interest char*e shall be collected for the 0overnment.: Con*ressional /ecord Con*ressman %atman 9arch !4 !<44 :That is the equity of what we are about to do. esJ you are *oin* to close us down. esJ you have already closed us down and have been doin* it lon* before this year. -ur %resident says that for 4 years we have been on the way to ban,ruptcy. We have been on the way to ban,ruptcy lon*er than 4 years. We have been on the way to ban,ruptcy ever since we be*an to allow the financial mastery of this country *radually to *et into the hands of a little clique that has held it ri*ht up until they would send us to the *rave.: Con*ressional /ecord Con*ressman $on* 9arch !! !<44 What did /oosevelt do@ Sealed our fate and our childrens fate but worst of all he declared War on the (merican %eople remember the War %owers (ct the Tradin* with the enemy (ct. He declared emer*ency powers with his authority bein* the War %owers (ct the Tradin* with the enemy (ct. The problem is he redefined who
the enemy was read the followin*K 1remember what I said about the SSD bein* a license to wor,2 :The declared ational +mer*ency of 9arch < !<44 amended the War %owers (ct to include the (merican %eople as enemiesK :In Title ! Section ! it saysK The actions re*ulations rules licenses orders and proclamations heretofore or hereafter ta,en promul*ated made or issued by the %resident of the nited States or the Secretary of the Treasury since 9arch E !<44 pursuant to the authority conferred by subdivision 1b2 of section of the (ct of -ctober # !
SB&+CT T- TH+ &/IS=ICTI- TH+/+-;.: Here is the le*al phrase sub8ect to the 8urisdiction thereof but at law this refers to alien enemy and also applies to ;ourteenth (mendment citi6ensK :(s these words are used in the first section of the ;ourteenth (mendment of the ;ederal Constitution providin* for the citi6enship of all persons born or naturali6ed in the nited States and sub8ect to the 8urisdiction thereof the purpose would appear to have been to e5clude by the fewest words 1besides children of members of the Indian tribes standin* in a peculiar relation to the ational 0overnment un,nown to the common $aw2 the two classes of cases children born of ($I+ ++9I+S1emphasis mine2 in hostile occupation and children of diplomatic representatives of a forei*n state both of which by the law of +n*land and by our own law from the time of the first settlement of the +n*lish colonies in (merica had been reco*ni6ed e5ceptions to the fundamental rule of citi6enship by birth within the country.: nited States v Won* )im (r, !#< S #E< #"F EF $ +d "< <F !" S Ct E#. Ballentine's $aw =ictionary Con*ressman Bec, had this to say about the War %owers (ctK :I thin, of all the damnable heresies that have ever been
su**ested in connection with the Constitution the doctrine of emer*ency is the worst. It means that when Con*ress declares an emer*ency there is no Constitution. This means its death....But the Constitution of the nited States as a restrainin* influence in ,eepin* the federal *overnment within the carefully prescribed channels of power is moribund if not dead. We are witnessin* its deatha*onies for when this bill becomes a law if unhappily it becomes law there is no lon*er any wor,able Constitution to ,eep the Con*ress within the limits of its constitutional powers.: 1Con*ressman &ames Bec, in Con*ressional /ecord !<442 The followin* are e5cerpts from the Senate /eport <4rd Con*ress ovember !< !
institute martial lawJ sei6e and control all transportation and communicationJ re*ulate the operation of private enterpriseJ restrict travelJ and in a plethora of particular ways control the lives of all (merican citi6ens.: :( ma8ority of the people of the nited States have lived all of their lives under emer*ency rule. ;or E years freedoms and *overnmental procedures *uaranteed by the Constitution have in varyin* de*rees been abrid*ed by laws brou*ht into force by states of national emer*ency....from at least the Civil War in important ways shaped the present phenomenon of a permanent state of national emer*ency.: Senate /eport <4rd Con*ress ovember !< !
So you can further understand the word (lien +nemy and what it means to be declared an enemy of this *overnment read the followin* definitionsK The phrase (lien +nemy is defined in Bouvier's $aw =ictionary asK -ne who owes alle*iance to the adverse belli*erent. ! )ent G4. He who owes a temporary but not a permanent alle*iance is an alien enemy in respect to acts done durin* such temporary alle*iance onlyJ and when his alle*iance terminates his hostile character terminates alsoJ ! B. P %. !#4. (lien enemies are said to have no ri*hts no privile*es unless by the ,in*'s special favor durin* time of warJ ! Bla. Com. 4GFJ Byn,ershoe, !<J " Term !##. N/emember we've been under a declared state of war since -ctober # !
Tradin* with the +nemy (ct and +5ecutive -rders thereunder.: +5ecutive -rder 9arch !! !
the privateer the captain and the crew. Bouvier's $aw =ictionary !
!
necessaries and our comforts in our labors and our amusements for our callin*s and our creeds as the people of +n*land are our people li,e them must come to labor si5teen hours in the twentyfour and *ive the earnin*s of fifteen of these to the *overnment for their debts and daily e5pensesJ and the si5teenth bein* insufficient to afford us bread we must live as they now do on oatmeal and potatoesJ have not time to thin, no means of callin* the mismana*er's to accountJ but be *lad to obtain subsistence by hirin* ourselves to rivet their chains on the nec,s of our fellow sufferers...: 1Thomas &efferson2 TH+ 9()I0 -; (9+/IC( p. 4< Submitted &anuary F" :$loyd Bentsen of Te5as to be .S. 0overnor of the International 9onetary ;und for a term of yearsJ .S. 0overnor of the International Ban, for /econstruction and =evelopment for a term of yearsJ .S. 0overnor of the Inter(merican =evelopment Ban, for a term of yearsJ .S. 0overnor of the (frican =evelopment Ban, for a term of yearsJ .S. 0overnor of the (sian =evelopment Ban,J .S. 0overnor of (frican =evelopment ;undJ and .S. 0overnor of the +uropean Ban, for /econstruction and =evelopment.: %residential =ocuments ;ebruary ! !<<4. (t the same time Bentsen was the Secretary of Treasury. 0ee I
don't ,now this sounds li,e a conflict of entrust to me how about you@ (lso the Con*ress 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 (ttorney 0eneral under any other provision of this -rder the Secretary of the Treasury is authori6ed and empowered to prescribe from time to time re*ulations rulin*s and instructions to carry out the purposes of this -rder and to provide therein or otherwise the conditions under which licenses may be *ranted by or throu*h such officers or a*encies as the Secretary of the Treasury may desi*nate and the decision of the Secretary with respect to the *rantin* denial or other disposition of an application or license shall be final.: Section G Title !F .S.C. Ban,s and Ban,in* How about a few months a*o when Secretary of Treasury /uban sent tons of money to 9e5ico without Con*ress' approval. =o the issues I have brou*ht up sound li,e this is a Constitutional *overnment to you@ I have not covered the main ne5us the money. If you would li,e to read about this read my other papers The History of $awful 9oney and ( Country =efeated In 3ictory. Sheriff .... I am one man fi*htin* a *iant with a fly swatter 1the pen2. If you are bold enou*h to 8er, the fla*s with a frin*e on them
out and put bac, the . S. fla* 8ust ma,e sure you protect you bac,side. Before you do this ma,e sure your constituents in your county are made aware of this information. Because if you do this you will find the whole .S. *overnment a*ainst you and for sure they will cut off all money to your county in the short term and in the lon* term do whatever is necessary to remove you. I didn't ma,e this information up it is the *overnment's own documents and le*al definitions ta,en from their dictionaries. I wish the hard wor,in* (mericans in the *overnment that are loyal to an (merican /epublic could read this the more that ,now the truth the better. &ames ;ran,lin 9ont*omery Footnote "=
:When the 4
|
from the southern States were denied seats.: :&oint /esolution o. E" proposin* the ;ourteenth (mendment was a matter of *reat concern to the Con*ress and to the people of the ation. In order to have this proposed (mendment submitted to the 4# States for ratification it was necessary that two thirds of each house concur. ( count of noses showed that only 44 Senators were favorable to the measure and 44 was a far cry from two thirds of GF and lac,ed one of bein* two thirds of the seated Senators.: :While it requires only a ma8ority of votes to refuse a seat to a Senator it requires a two thirds ma8ority to unseat a member once he is seated. 1see (rticle I Section Constitution of the nited States.: :-ne &ohn %. Stoc,ton was seated on =ecember !"# as one of the Senators from ew &ersey. He was outspo,en in his opposition to &oint /esolution o. E" proposin* the ;ourteenth (mendment. The leadership in the Senate not havin* control of two Jthirds of the seated Senators voted to refuse to seat 9r. Stoc,ton upon the *round that he had received only a plurality and not a ma8ority of the votes of the ew &ersey le*islature. It was the law of ew &ersey and several other States that a plurality vote was sufficient for election. Besides the Senator had already been seated. evertheless his seat was refused and the 44 favorable votes thus
became the required two thirds of the E< members of the Senate.: :In the House of /epresentatives it would require !FF votes to be two thirds of the !"F Jmembers seated. -nly !F voted for the proposed (mendment but because there were 4 abstentions it was declared to have been passed by a two thirds vote of the House.: =yett v. Turner E4< pFd F## [ F#< F Fd E4 Footnote "2
&ames ;ran,lin 9ont*omery C7- ! Bridlewood /d. Hi*h %oint orth Carolina state =istrict (ttorney /(= $- County of Wil,es State of orth Carolina CCE8T'CE 3EFUSED F!3 CUSE) 5ITH!UT DISH!'!3
To whom it may concern I &ames ;ran,lin 9ont*omery do hereby ma,e this (CC+%T(C+ /+;S+= ;-/ C(S+ WITH-T =ISH--/ -; the Traffic Citation G"GF4F!. C(S+ !. 9y =eclaration of separation as of &anuary ! !<<4 1part of which is contained in the attached document2 was not disputed by the IT+= ST(T+S or any of its political subdivisions et al when
presented to them thereby denyin* any ST(T+ of the I- to use its 9ala %rohibita statutes to claim dominion over &ames ;ran,lin 9ont*omery &ames ;ran,lin 9ont*omery is not one in contract with the IT+= ST(T+S or any of the ST(T+S united in I- carryin* the misnomer of &(9+S ;/()$I 9-T0-9+/ corporate fiction which would then amount to crimes by all parties in this action of forcible trespass e5tortion peona*e involuntary servitude and other Title !" and Title EF crimes. (ny actions of any party mentioned above or others is now considered forced peona*e and involuntary servitude which also includes forced drivin* license license or re*istration of any ,ind of property that subverts a ri*ht by chan*in* it into a privile*e and char*in* for it which sub8ects those to Title !" .S.C. !"! !"E and EF .S.C. !<
is forced upon the debtor by some provision of law.: Clyatt v. nited States !
inhabitants up to the states. The ,in*s Treaty of !G"4 made the freeman status of the inhabitants retroactive from !GG# declared by the =eclaration of Independence and the =eclaration of /i*hts of the individual states. In !G"G the states sent representatives to the Constitutional convention to ratify the new treaty between the states otherwise ,nown as the Constitution of the nited States. n,nown to the inhabitants of the states several thin*s too, place. The Treaty was an incorporation and created the nited States *overnmentJ and incorporated the states creatin* the State of....J the Treaty also incorporated the inhabitant. o lon*er were they freeman now they became citi6ens of the nited States. 1The word of means belon*in* to see Blac,s $aw dictionary.2 :Bein* dissatisfied with the measures of the British 0overnment they revolted from it assumed the *overnment into their own hands sei6ed and too, possession of all the estates of the )in* of 0reat Britain and his sub8ects appropriated them to their own use and defended their possessions a*ainst the claims of 0reat Britain durin* a lon* and bloody war and finally obtained a relinquishment of those claims by the treaty of %aris. But this State had no title to the territory prior to the title of the )in* of 0reat Britain and his sub8ects nor did it ever claim as lord paramount to them. This State was not the ori*inal *rantor to them
nor did they ever hold by any ,ind of tenure under the State or owe it any alle*iance or other duties to which an escheat is anne5ed. How then can it be said that the lands in this case naturally result bac, by a ,ind of reversion to this State to a source from whence it never issued and from tenants who never held under it@....(t the time of the revolution and before the =eclaration of Independence the collective body of the people had neither ri*ht to nor possession of the territory of this StateJ it is true some individuals had a ri*ht to and were in possession of certain portions of it which they held under *rants from the )in* of 0reat BritainJ but they did not hold nor did any of his sub8ects hold under the collective body of the people who had no power to *rant any part of it. (fter the =eclaration of Independence and the establishment of the Constitution the people may be said first to have ta,en possession of this country at least so much of it as was not previously appropriated to individuals..... Therefore whether the State too, by ri*ht of conquest or escheat all the interest which the . ). had previous to the =eclaration of Independence still remained with them on every principle of law and equity because they are purchasers for a valuable consideration and bein* in possession as cestui que trust under the statute for transferrin* uses into possessionJ and citi6ens of this State at the time of the =eclaration of Independence and at the time of
ma,in* the declaration of ri*hts their interest is secured to them beyond the reach of any (ct of (ssemblyJ neither can it be affected by any principle arisin* from the doctrine of escheats supposin* what I do not admit that the State too, by escheat.: 9(/SH($$ v. $-3+$+SS ! .C. E!F 1!"!2 F S.(. G The *eneral assembly of orth Carolina had no authority or standin* to chan*e my le*al status from soverei*n to a corporate fiction. (mericans have been defrauded into believin* they are free because they have freedom of movement within obvious le*islative boundariesJ while un,nown to them by their in corporation they were a*ain made sub8ects of the ,in*. The below quotes from the !##4 Carolina Charter reveal why the court stated in 9arshall v. $oveless that the corporate States and the created corporation nited States did not have Title to this land. The ,in* retained Title and interest throu*h his ori*inal Charters and mana*ed to see that his Title and 0rants7Charters were preserved in the !GG# orth Carolina constitution read the followin*. :(nd provided further that nothin* herein contained shall affect The titles or possessions of individuals holdin* or claimin* under The laws heretofore in force or *rants heretofore made by the
late ,in* 0eor*e II or his predecessors or the late lords %roprietors or any of them.: Section F =eclaration of /i*hts !GG# orth Carolina constitution :S(3I0 always the ;aith (lle*iance and Soverei*n =ominion due to us our heirs and Successors for the sameJ and Savin* also the ri*ht title and interest of all and every our Sub8ects of the +n*lish ation which are now %lanted within the $imits bounds aforesaid if any beJ...: The Carolina Charter !##4 :)-W + that We of our further *race certain ,nowled*e and mere motion H(3+ thou*ht fit to +rect the same Tract of 0round Country and Island into a %rovince and out of the fullness of our /oyal power and %rero*ative W+ =o for us our heirs and Successors +rect Incorporate and -rdain the same into a province and do call it the %rovince of C(/-$I( and so from henceforth will have it called...: The Carolina Charter !##4 The below court cases ma,e it clear your presence in the corporate State of....creates le*al residence and obli*ation to the ,in*. :Headnote . Besides the treaty of !G"4 was declared by an (ct of (ssembly of this State passed in !G"G to be law in this State and this State by adoptin* the Constitution of the nited States in !G"< declared the treaty to be the supreme law of
the land. The treaty now under consideration was made on the part of the nited States by a Con*ress composed of deputies from each state to whom were dele*ated by the articles of confederation e5pressly :the sole and e5clusive ri*ht and power of enterin* into treaties and alliances:J and bein* ratified and made by them it became a complete national act and the act and law of every state.... :By an act of the $e*islature of orth Carolina passed in (pril !GGG it was amon* other thin*s enacted :That all persons bein* sub8ects of this State and now livin* therein or who shall hereafter come to live therein who have traded immediately to 0reat Britain or Ireland within ten years last past in their own ri*ht or acted as factors store,eepers or a*ents here or in any of the nited States of (merica for merchants residin* in 0reat Britain or Ireland shall ta,e an oath of ab8uration and alle*iance or depart out of the State.: Treaties are the :$aw of the $and: H(9I$T- v. +(T+ ! .C. #E! 1!G<#2 H(9I$T- v. +(T+. U F 9art. !. .S. Circuit Court. 1&une Term !G<#.2 :-ur $e*islature may define and punish crimes committed within the State whether by citi6en or stran*ersJ because the former are supposed to have consented to all laws made by the $e*islature and the latter whether their residence be temporary or permanent do
impliedly a*ree to yield obedience to all such laws as lon* as they remain in the StateJ: ST(T+ v. )I0HT ! .C. !E4 1!G<<2 F S.(. G 9y &anuary ! !<<4 declaration which noticed all relevant parties includin* the State of orth Carolina has stood unchallen*ed from that time I chose to depart from the corporate State thereby unincorporatin* myself rather than be apart of a fraudulent system bent on selfdestruction and a system which enslaves the inhabitants by peona*e usin* the tools of debt ta5ation and contract.. &ames ;ran,lin 9ont*omery has never intentionally ,nowin*ly or voluntarily contracted to create a le*al resident7fiction. Blac,stone made it perfectly clear in his commentaries how this court procedure ta,es place under such conditions. This is why the first thin* that is done in court is the namin* of the person7corporation read the followin*. :( suit by or a*ainst a corporation in its corporate name may be presumed to be a suit by or a*ainst citi6ens of the state which created the corporate body and no averment or denial to the contrary is admissible for the purpose of withdrawin* the suit from the 8urisdiction of a court of the nited States. There is the /oman fictionK The court first decides the law presumes all The members are citi6ens of the
state which created the Corporation and then says you shall not traverse that %resumption'J and that is the law now.....So that when a suit is to be brou*ht in a court of the nited States by or a*ainst a corporation by reason of the character of the parties you have only to say that this corporation after namin* it correctly was created by a law of the stateJ and that is e5actly the same in its consequences as if you could alle*e and did alle*e that the corporation was a citi6en of that state. Blac,stone Commentaries Boo, III p* !4 8E!':E B< FI''CIL SE3VITUDE B'03U8TC<
Con*ressman $em,eK :....This nation is ban,ruptJ every State in this nion is ban,ruptJ the people of the nited States as a whole are ban,rupt. The public and private debts of this ation which are evidenced by bonds mort*a*es notes or other written instruments about to about ZF and it is estimated that there is about Z of which there is no record ma,in* in all about Z4 of public and private debts. The total physical cash value of all the property in the nited States is now estimated at about ZG. That is more than it would brin* if sold at public auction. In this we do not include debts or the evidence of
debts such as bonds mort*a*es and so fourth. These are not physical property. They will have to be paid out of the physical property. How are we *oin* to pay Z4 with only ZG@: Con*ressional /ecord 9arch 4 !<4E Con*ressman Traficant said on the House floor 9arch !G !<<4 thatK :9r. Spea,er we are here now in chapter !!. 9embers of Con*ress are official trustees presidin* over the *reatest reor*ani6ation of any ban,rupt entity in world history the .S. *overnment.: -n 9arch ! !<44 %resident /oosevelt ordered that all (mericans had to turn in their 0old which moved our *old assets to the Ban, of +n*land as part of the ban,ruptcy and new e5tension of this ations credit throu*h ;ederal /eserve notes based on the all property of this ation and labor of every (merican. This was done by %residential +5ecutive -rder #G4 and the subsequent +5ecutive -rders #!F #!!! and #F# Nthese documents are still publicly attainable in any federal depository libraryO :I want to show you where the people are bein* imposed upon by reason of the dele*ation of this tremendous power. I invite your attention to the fact that section !# of the ;ederal /eserve (ct provides
that whenever the 0overnment of the nited States issues and delivers money ;ederal /eserve notes which are based on the credit of the ationthey represent a mort*a*e upon your home and my home and upon all the property of all the people of the ationto the ;ederal /eserve a*ent an interest char*e shall be collected for the 0overnment.: Con*ressional /ecord Con*ressman %atman 9arch !4 !<44 :The ultimate ownership of all property is in the stateJ individual socalled ownership' is only by virtue of *overnment i.e. law amountin* to a mere userJ and use must be in accordance with law and subordinate to the necessities of the State.: Senate =ocument o. E4 :Contracts payable in 0old: written in !<44. The nited States *overnment and its subcorporations States of.....are operatin* under color of law under emer*ency rule outside of the nited States constitution as stated in the followin* quote from the Senate. See also Harvard $aw /eview insular cases. :Since 9arch < !<44 the nited States has been in a state of declared national emer*ency....nder the powers dele*ated by these statutes the %resident mayK sei6e propertyJ or*ani6e and control the means of productionJ sei6e commoditiesJ assi*n military forces abroadJ institute martial lawJ sei6e and
control all transportation and communicationJ re*ulate the operation of private enterpriseJ restrict travelJ and in a plethora of particular ways control the lives of all (merican citi6ens.: :( ma8ority of the people of the nited States have lived all of their lives under emer*ency rule. ;or E years freedoms and *overnmental procedures *uaranteed by the Constitution have in varyin* de*rees been abrid*ed by laws brou*ht into force by states of national emer*ency....from at least the Civil War in important ways shaped the present phenomenon of a permanent state of national emer*ency.: Senate /eport <4rd Con*ress ovember !< !
The %laintiff has not made an affidavit of truth that &ames ;ran,lin 9ont*omery has committed a crime or civil cause for the court to *ain 8urisdiction. -ur courts are based on the +n*lish courts with few e5ceptions the district and ta5 courts were called courts of +5chequer. +5chequerK :In +n*lish $aw. ( department of the *overnment which has the mana*ement of the collection of the ,in*'s revenue.: Bouvier's $aw =ictionary !
e5chequer was entirely separate and distinctJ the common pleas bein* intended to decide all controversies between sub8ect and sub8ectJ the ,in*'s bench to correct all crimes and misdemeanors that amount to a breach of the peace the ,in* bein* then the plaintiff as such offenses are in open dero*ation of the 8ura re*alia 1re*al ri*hts2 of his crownJ and the e5chequer to ad8ust NEO and recover his revenue wherein the ,in* also is plaintiff as the withholdin* and nonpayment thereof is an in8ury to his 8ura fiscalia 1fisical ri*hts2. Blac, Stone Commentaries Boo, III p* !E The =epartment of 9otor 3ehicles was put under the direction and control of the /evenue =epartment by the (ct of !<44 chapter F!E S.B F4" thereby the primary concern is that of bein* revenue collectors ' CT T! T3'SFE3 THE STTE HI:H5< 8T3!L F3!& THE HI:H5< DE83T&E'T T! THE DE83T&E'T !F 3EVE'UE....
:It is not contrary to 8ustice that . . . (merica should contribute towards the dischar*e of the public debt of 0reat Britain. . . . a *overnment to which several of the colonies of (merica owe their present charters and consequently their present constitutionJ and to which all the colonies of (merica owe the liberty security and property which they
have ever since en8oyed. That public debt has been contracted in the defense not of 0reat Britain alone but of all the different provinces of the empireJ the immense debt contracted in the late war in particular and a *reat part of that contracted in the war before were both properly contracted in defense of (merica. . . The Wealth of ations by (dam Smith !GG#
8urgatory !ath6
:(n oath by which a person pur*es or clears himself from presumptions char*es or suspicions standin* a*ainst him or from a contempt.: Blac,s $aw =ictionary Eth ed. The (cceptance /efused for Cause Without =ishonor is to be considered my %ur*atory -ath alon* with my previous &anuary ! !<<4 declaration which shows my consistent mind set and conviction. /efusal 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 reco*ni6ance will vitiate the traffic citation. ;ailure to do this will be admissions that the parties and the court is involved in forcible trespass on the Case e5tortion via Hi*hway /obbery and forced peona*e and involuntary servitude.
9ar, TwainK :...To be loyal to ra*s to shout for ra*s to worship ra*s to die for ra*sthat is a loyalty of unreasonJ it is pure animalJ it belon*s to monarchyJ was invented by monarchyJ let monarchy ,eep it. I was from Connecticut whose constitution declared :That all political power is inherent in the people and all free *overnments are founded on their authority and instituted for their benefit and that they have at all times an undeniable and indefensible ri*ht to alter their form of *overnment in such a manner as they thin, e5pedient.: nder that *ospel the citi6en who thin,s that the Commonwealth's political clothes are worn out and yet holds his peace and does not a*itate for a new suit is disloyalJ he is a traitor. That he may be the only one who thin,s he sees this decay does not e5cuse himJ it is his duty to a*itate anyway and it is the duty of others to vote him down if they do not see the matter as he does.: Con*ressional /ecord (pril < !<4E ear of -ur $ord (pril Twenty ;ifth ineteen Hundred and inety Seven. &ames ;ran,lin 9ont*omery C7- ! Bridlewood /d.. Hi*h %oint orth Carolina 8resident of the United States) The E,ecuti4e Branch)
Congress of the United States) Senate of the United States
&anuary ! !<<4 =ear Sirs ( lon* chain of events in the 0-=$ 1federal2 nited States *overnment's policies as evidenced by the statutory laws it passes and a*reements treaties entered into with forei*n countries has prompted this letter. +vidence of the 0od this *overnment is sub8ect to is in the laws it's representatives promote and pass. The nited States *overnment no lon*er abides by or adheres to 0od's $aws.! Thereby chan*in* the ori*inal intent of the ;ore;athers which was to establish a *overnment that would promote commerce at the same time protect the inalienable ri*hts of the soverei*n Citi6ens of the several States and bind the hands of *overnment. While restrictin* the powers of *overnment with laws based on the +n*lish common law which is based on Biblical $aw. The evidence is over whelmin* that our ;ore;athers intended this country's *overnment to be based on biblical $aws.F.... ....It was not the intention of the ;orefathers to *ive Con*ress the e5clusive control of the territories without bein* in sub8ection to the Constitution. The words in the fore mentioned document have been twisted obscured and mali*ned by lawyers 8ud*es and the special
interest of Con*ress where applicable to the corporation this is a conflict of interest which has made it possible for the abuse of power and fraud past and present. Throu*h undue influence and concealment you have created a title of obility for the ban,rupt corporation and it's Citi6ens *ivin* you unlimited resources to enforce this fraud via illiterate and duped citi6en sub8ects who pay for their own enslavement. (s a result of your concealment of information from the (merican people and throu*h your chan*in* the meanin* of the Constitution of the nited States via lawyers Supreme Court &ud*es who ma,e substantive decisions based on their special interest and a e5ecutive branch controlled by forei*n a*ents 1World Ban,2 you have enslaved the (merican people. Citing "$ 1 9ur =d ?;" on ContractsK
^!!_. ;raud misrepresentation or imposition. In re*ard to contracts made by parties affectin* their ri*hts and interests. The *eneral 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. (lthou*h the law will not *enerally 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 cunnin* or deceitful mana*ement of those who purposely mislead them. ;raud is material to a contract where the contract would not have been made if the fraud had not been perpetrated... ^!F_. Inducin* e5ecution of contract by one not ,nowin* its contents. (ccordin* to the prevailin* view the *eneral rule that failure to read or have a contract read to a party thereto before si*nin* it precludes him from complainin* about its contents does not apply in the case of fraud or misrepresentation as where he is prevented from readin* it or havin* it read to him by some fraud tric, artifice or device by the other party. If a person is i*norant of the contents of a written contract and si*ns it under a mista,en belief induced by misrepresentation that it is an instrument of a different character without ne*li*ence on his part the a*reement is void. This rule may be brou*ht into play by silence as where it amounts to a misrepresentation of what a person is as,ed to si*n by failin* to spea, when there is a duty to e5plain 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 si*ns a contract without readin* it is so far
concluded that he cannot set up that his si*nature was induced by a fraudulent misrepresentation as to its contents has received varyin* answers. ^!4_. =uress coercion intimidation or threats. ;reedom of will is essential to the validity of an a*reement. Where duress is e5erted on one of the parties of such a ,ind as to overcome his will and compel a formal assent to an underta,in* when he does not really a*ree to it and so as to ma,e that appear to be his act which is not his but another's imposed on him throu*h fear which deprives him of self control the a*reement is not bindin* unless the other deals with him in *ood faith in i*norance of the improper influence and in the belief that the party coerced is not e5ercisin* his free will and the test is not so much the means by which the party is compelled to e5ecute the a*reement as the state of mind induced.. Compulsion produced by threats may be sufficient to destroy free a*ency and prevent the formation of a bindin* contract. To invalidate an a*reement however as a *eneral 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... ^!_. 0enerally ...(t no time in the history of the common law have a*reements in
violation of law been allowed to stipulate for iniquity. The law which prohibits the end will not lend its aid in promotin* the means desi*ned to carry it into effect. It will not promote in one form that which it declares wron* in another and hence contracts which brin* about results which the law see,s 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 ob8ect and that transactions in violation of law cannot be made the foundation of a valid contract. The *overnment by becomin* a corporator 1SeeK FF .S.C.(. F"#e2 lays down its soverei*nty and ta,es on that of a private citi6en. It can e5ercise no power which is not derived from the corporate charter. 1SeeK The Ban, of the nited States vs. %lanters Ban, of 0eor*ia # $. +d. 1< Wheat2 FEE .S. vs. Burr 4< .S. FEF2. Such principles as :;raud and &ustice never dwell to*ether: Win*ate's 9a5ims #" and :( ri*ht of action cannot arise out of fraud.: Broom's 9a5ims F
ma,in* the nited States citi6en sub8ect to a forei*n %ower. Since the implementation of these treaties and a*reements entered into as a result of the privile*e of borrowin* money from the World Ban, to continue the operation of the ban,rupt nited States *overnment the nited States has been enlisted in collectin* the debt for the World Ban,. This debt has been drastically increased by the use of fiat money which has no substance because there is no *old or silver to bac, the ;ederal /eserve otes. This unlawful money has caused thousands of ban,ruptcies and repossessions fraudulently perpetrated by the *overnment of the nited States and the World Ban,. Since !<44 con*ress and the other representatives have committed hi*h treason a*ainst the people they are sworn to protect. Con*ress and the +5ecutive branch have sold out the (merican people for 1thirty pieces of silver2 the furtherance of the corporation. Con*ress and the e5ecutive branch have willfully and purposely auctioned off the assets of the (merican people. The sellin* off of (merica's assets was made possible by the %resident in +5ecutive -rder !F"4 of (pril 4 !<
disposition or transfer of an infrastructure asset such as by sale or by lon*term lease from a State or local *overnment to a private party. In subpara*raph 1b2 the Infrastructure (ssets are defined. -bviously the usury the World Ban, has been receivin* from the (merican people 1unconscionable citi6en sub8ects2 is not enou*h now the World Ban, is foreclosin* on the nited States and wants the land and the assets to pay the national debt. Here is the definition of sub para*raph 1b2 :Infrastructure asset: means any asset financed in whole or in part by the ;ederal 0overnment and needed for the functionin* of the economy. +5amples of such assets include but are not limited toK roads tunnels brid*es electricity supply facilities mass transit rail transportation airports ports waterways water supply facilities recyclin* and wastewater treatment facilities solid waste disposal facilities housin* schools prisons and hospitals.: Throu*h the i*norant volunteered compliance of the (merican people as a result of the deceit and fraud of the nited States *overnment 1representatives2 you have enslaved the (merican people. The corporation created this debt throu*h mismana*ement and deceit the corporation 1representatives2 should be responsible for this debt and it's actions. Instead it involves the (merican people throu*h deceit
tric,ery duress withheld information and coercion so the corporation 1nited States2 can continue it's operation which defrauds the (merican people in the most treasonous and treacherous way ever recorded in history. The Treasury =ele*ation -rder o.
representatives but by an unelected unrepresentative unaccountable committee of lawyers applyin* no will but their own.: Because of the ban,ruptcy of the nited States and international contracts and or a*reements interred into the common law was replaced by the niform Commercial Code and or admiralty 8urisdiction otherwise ,nown as statutory 8urisdiction. This treasonous act has ta,en place for the sa,e of commerce and in order to do so common law had to be rendered to no effect or at least e5tremely hard to obtain in ;ederal Court. The ban,ruptcy of the nited States caused throu*h compelled performance the followin* case. :There is no ;ederal Common $aw and Con*ress has no power to declare substantive rules of common law applicable in a State whether they be local or *eneral in their nature be they commercial law or a part of the law or torts.: 1SeeK +rie /ailroad Co. vs Tom,ins 4E .S. #E "F $.+d !!""2 The fifty States are now federal states by treaties and covenants 1.. treaty P 0.(.T.T. and other a*reements2 ma,in* the federal states and their citi6ens 1tort feasor's2 sub8ect to the World Ban,. The people of (merica are bein* drained of their wealth via I.9.; and the I./.S. to repay the Ban,'s usury. The followin* are e5cerpts from the IT+/(TI-($ C-3+(T - CI3I$ (= %-$ITIC($
/I0HTS.!Fd Con*ress Fd Session +5ec. /ept. !FF4 &anuary 4!<
treaty partners that the .S. will implement its obli*ations under the Covenant by appropriate le*islative e5ecutive and 8udicial means federal or state as appropriate and that the ;ederal 0overnment will remove any federal inhibition to the States' abilities to meet their obli*ations. 1SeeK pa*e !" I.C.C.%./.2 othin* in this Covenant requires or authori6es le*islation or other action by the nited States of (merica prohibited by the Constitution of the nited States as interpreted by the nited States. 1SeeK pa*e FE I.C.C.%./.2 ou have committed hi*h treason a*ainst (merica's people and thou*ht to elevate yourselves above 0od (lmi*hty. Throu*h lies and false information coercion and duress you have enslaved a free people throu*h despotism and for the love of money you have chan*ed the laws to support your usury and corruption. ou have bro,en the covenant entered into with the (merican people. ou have entered into covenants with forei*n a*ents and *overnments ma,in* you unable throu*h these compromisin* covenants to protect the (merican Citi6ens freedom and property. I do not wish to be a party to the fraud perpetrated by the nited States so I hereby *ive notice with accompanyin* affidavit of the removal of all unqualified si*natures and power of attorney. Thereby removin* my si*nature from all
papers instruments and chattels implyin* oblation to the nations debt created by the fraud of the nited States corporation. The violation of 0od's $aws and the elimination of the common law adhered to and established as the law of the land by the ;ore;athers leaves no ri*ht or recourse in the federal courts and or federal state courts. Thereby freein* this informed citi6en of the )in*dom of Heaven of any obli*ation and or torts as a result of tacit admissions implyin* obli*ation or responsibility voluntary or involuntary contracts made with the defunct *overnment of the nited States thereby relievin* me from any obli*ation from said *overnment. N!O $u,e EK" (nd &esus answered and said to him :0et behind 9e Satan? ;or it is written 'ou shall worship the $-/= your 0od and Him only you shall serve. (s practiced by the Senate and Con*ress of the nited States I &ames ;ran,lin 9ont*omery reserve the ri*ht to revise and e5tend any and all remar,s made in this document of declaration.
I &ames ;ran,lin 9ont*omery declare under penalty of per8ury under the laws of the nited States of (merica that the fore*oin* declaration of status is true and correct. &ames
;ran,lin
9ont*omery =ate Sui &uris &ure =ivino &ura San*uinis (mbassador of the )in*dom of Heaven CCK Secretary of State Chief &ustice of the Supreme Court (ttorney 0eneral 9embers of the House 9embers of the Senate Secretary of Treasury Chairman of Ban,in* Committee Secretary of Commerce 3E&!VL !F U'ULIFIED SI:'TU3ES 'D 8!5E3 !F TT!3'E<
T- WH-9 IT 9( C-C+/K I &ames ;ran,lin 9ont*omery with my presence bein* in 0uilford County orth Carolina state but not of the corporate body politic of either and bein* born into the (merican /epublic and not in the =istrict of Columbia or any of its territories. I hereby remove any unqualified si*nature and power of attorney on the followin*
documents but not limited to my birth certificate and my application for a social security number for the followin* reasons listed below and any and all documents of incorporation implyin* !Eth (mendment citi6enship. !. Havin* been made a ward of the State and federal *overnment without my permission because of my parents bein* mislead into obtainin* a birth certificate for there son. F. Havin* been mislead as a teena*er by persons of authority *overnment a*encies public school teachers *overnment sponsored adds and I/S instructed ta5 payin* businesses who said adamantly that I had to have a social security number to wor,. I then obtained a social security number so I could wor, with out any ,nowled*e of the fact that this made me a contributor of the national debt and equally responsible for its repayment. ow of my own ri*ht and not under any le*al disability or the power of another or *uardianship I do hereby remove all unqualified si*natures on any instruments and any e5press or implied power of attorney therewith. In fact or assumption si*ned either by me or anyone actin* as my a*ent or le*al *uardian or unsi*ned as it pertains to documents implyin* !Eth (mendment citi6enship which were created by the nited States *overnment actin* in its
questionable insular capacity. =ue to the use of various elements of fraud and misrepresentation duress coercion mista,e ban,ruptcy by said a*encies7entities I hereby cancel repudiate and refuse to accept any benefit franchises and or privile*es attached to the above mentioned socialist a*reements but not limited to the birth certificate and social security number. I ma,e void for lac, of *ood faith and notice on the part of the nited States *overnment any and all unqualified si*natures implyin* !Eth (mendment citi6enship. I &ames ;ran,lin 9ont*omery do hereby remove annul withdraw abro*ate recant ne*ate delete nullify e5pun*e cancel repudiate disavow renounce and relinquish all unqualified si*natures and powers of attorney in fact or assumption with or without my consent and of ,nowled*e as it pertains to all property real or personal obtained in the past present or future. I am the sole and absolute possessor7owner and possess absolute unqualified full ri*ht and allodial title to any and all such property. I have no effectively connected business within the nited States *overnment nor do I practice interstate commerce between the nited States *overnment and any federal state includin* the State of orth Carolina :Body %olitic: corporation. This instrument replaces cancels repudiates the prior instruments
that are filed with the nited States 0overnment and any and all other *overnmental entities anywhere which may e5ecute on said prior instrument1s2 and this document shall become a permanent part of the records of the nited States *overnment and the State of orth Carolina principles. (s practiced by the Senate and Con*ress of the nited States I &ames ;ran,lin 9ont*omery reserve the ri*ht to revise and e5tend any and all remar,s made in this document of /emoval of unqualified si*natures and power of attorney. I &ames ;ran,lin 9ont*omery declare under penalty of per8ury under the laws of the nited States of (merica that the fore*oin* document is true and correct. &ames ;ran,lin 9ont*omery &ure =ivino &ura San*uinis Sui &uris The parties below are noticed by Carbon Copy notice to the a*ent is notice to the principleK CCK icholas $yell (tty. 0en 0reat Britain 0overnor7Council of State &im Hunt State %atrol7/evenue -fficer Speas Cler, of Court County of Wil,es Footnote "2*
&ames ;ran,lin 9ont*omery C7- ! Bridlewood /d. Hi*h %oint orth Carolina state =istrict (ttorney -TIC+ -; =+;($T /(= $- (= County of Wil,es T(CIT %/-C/(TI- State of orth Carolina =istrict (ttorney/andy $yon ou were *iven ! days and a additional ! days *race to answer my claims and to challen*e my understandin* of the law. our inaction constitutes a le*al default and is fatal error. The tic,et was an enticement by the officer for me to appear and demur to the fraud. &ames ;ran,lin 9ont*omery cannot be faulted for not appearin* on an unsworn complaint by a revenue a*ent who is not the real party in interest proven by your default@ :=efault a failure to dischar*e a duty to one's own disadvanta*eJ anythin* wron*fulsome omission to do that which ou*ht to have been done by one of the parties.: < ..S. "< <. :The term is most often used to describe the occurrence of an event which cuts short the ri*hts or remedies of one of the parties to an a*reement or a le*al dispute.: Barrons's $aw =ictionary third edition.
our silence is tacit admission to the fraud e5posed in my notari6ed refusal to the Traffic Citation G"GF4F!. :Silence can only be equated with fraud when there is a le*al and moral duty to spea, or when and inquiry left unanswered would be intentionally misleadin*.: nited States v. Tweel ;.Fd F
M.E (re the district courts (dmiralty courts as declared by the &udiciary (ct of !G"<@ (. es. M. . Can the State produce the contract which shows I have 8oined your (dmiralty proceedin* thereby waivin* with ,nowled*e and forethou*ht my freeman status *ranted to me by the orth Carolina state in !GG# under the =eclaration of /i*hts@ (. o. M. #. Were the (merican people ever notified of the ban,ruptcy of the nited States and by the continuation of the *overnments fraud that the *overnment of the nited States became a de facto *overnment@ (. o. M. G. =o the fines7ta5es attached with violatin* Chapter F of the 9otor 3ehicle Code constitute peona*e in violation of Title !" .S.C. !"! !"E and EF .S.C. !<
(. es.
(. es.
M. <. =o you understand your action ma,es you liable with set penalties under Title !" .S.C. !"! !"E and EF .S.C. !<
M. !4. =id the *eneral (ssembly of !G"G violate the !GG# =eclaration of /i*hts and the !GG# orth Carolina Constitution by ratifyin* the treaty between the states ma,in* its inhabitants incorporated le*al residents ta5able sub8ects of the ,in*7citi6ens of the nited States@
(. es. M. !. =o you understand that your ,nowled*e of the courts admiralty 8urisdiction and your refusal to inform me of this 8urisdiction and its rules constitutes fraud and a breach of your fiduciary trust that you have under -ath and Bond@ (. es M. !!. Is the State of orth Carolina obli*ated to inform those that live in orth Carolina state and the State of orth Carolina that the ,in* of +n*land never sold7transferred his Title to the State of orth Carolina or any of the States in nion and that the ,in* of +n*land's ownership still stands ma,in* us tenants on his land@ (. es. M. !F. Is the State of orth Carolina obli*ated to inform those that live in orth Carolina state and the State of orth Carolina that by the incorporation of orth Carolina and the nited States the inhabitants of orth Carolina were made sub8ects7citi6ens forever sub8ect to the ,in*'s ta5es by his early charter7s and treaties since made@
(. es. M. !E. =o I have the ri*ht to face my accuser the true plaintiff the ,in* not the cestui que trust of which you and all *overnment representatives are fiduciaries of this trust ma,in* you not the true plaintiff@ (. es. M. !. (re you obli*ated to inform me that by your namin* the corporate fiction the om de Muerre 1W(/ (9+2 and corporate fiction &(9+S ;. 9-T0-9+/ in open court and by affirmative answer confirms the corporate fiction the le*al presumption of incorporation can then no lon*er be challen*ed@ (. es. M. !#. Is the nited States *overnment and the State of orth Carolina obli*ated to tell the (merican people that the Constitution for the nited States as a restrictive document on the
corporation it created has been suspended by the declaration of war of 9arch < !<44 E" statute ! declared on the (merican people@ (. es. M. !G. Is the nited States *overnment and the State of orth Carolina obli*ated to tell the (merican people that the ;ourteenth (mendment substantially chan*ed the Constitution of the nited States declarin* its citi6ens could no lon*er challen*e the public debt which is forced peona*e in violation of Title !" SC !"! !"E and EF SC !<
perpetual debt which a*ain is peona*e@ (. es. M. F. Has the real party in interest filed a sworn statement under penalties of per8ury showin* a dama*e caused by &ames ;ran,lin 9ont*omery that has been filed as a complaint before a competent tribunal can claim venue and 8urisdiction over the perceived sub8ect matter@ (. o. M. F!. =o you now understand from the above questions and documentation provided that to continue the action a*ainst &ames ;ran,lin 9ont*omery is a continuation of the fraud of the nited States and the State of orth Carolina by forced peona*e and that because of your fiduciary status and that of the 8ud*e you have no &udaical immunity@ (. es. &ames ;ran,lin 9ont*omery &ure =ivino &ura San*uinis Sui &uris The parties below are noticed by Carbon Copy notice to the a*ent is notice to the principleK CCK icholas $yell (tty. 0en 0reat Britain 0overnor7Council of State &im Hunt
State %atrol7/evenue -fficer Speas Cler, of Court County of Wil,es Footnote "2c
&ames ;ran,lin 9ont*omery C`- ! Bridlewood /d. Hi*h %oint orth Carolina (u*ust E !<
to the issues covered in this letter. These papers were written in the followin* order. :The History -f $awful 0old (nd Silver: :( Country =efeated In 3ictory: %arts ! F these papers are located on BBS's around the country includin* my BBS called )nowled*e Is ;reedom !
constitution declared :That all political power is inherent in the people and all free *overnments are founded on their authority and instituted for their benefit and that they have at all times an undeniable and indefensible ri*ht to alter their form of *overnment in such a manner as they thin, e5pedient.: nder that *ospel the citi6en who thin,s that the Commonwealth's political clothes are worn out and yet holds his peace and does not a*itate for a new suit is disloyalJ he is a traitor. That he may be the only one who thin,s he sees this decay does not e5cuse himJ it is his duty to a*itate anyway and it is the duty of others to vote him down if they do not see the matter as he does.: Con*ressional /ecord (pril < !<4E The first issue is Thomas &efferson did not want the nited States Ban, with forei*n ownership to be allowed to incorporate in this country because it would violate the law of 9ortmain 1enD F2. 9eanin* our land would be placed in dead hands. This is the case today. Because of Thomas &efferson's claim to the law of 9ortmain he understood himself to be a freeman and soverei*n equal to the ,in* of +n*land who made the law of mortmain for himself a soverei*n. Thomas &efferson believed his soverei*nty came from the =eclaration of Independence. However in the court decision Trustees =avidson Colle*e v. Chambers' +5ecutors # .C. F4 1!"G2 the court saysK
:I have hereinbefore referred to the opinion of Chancellor )+T that none of these statutes of 9ortmain had been adopted in any State of the nion e5cept %ennsylvania. I thin, I may safely assert that not one of them has ever been in force in orth Carolina. I do not find in our reports any e5istence here.: Muestion D!K Was Thomas &efferson ri*ht sayin* the incorporation of the nited States Ban, was a*ainst the law of 9ortmain thereby declarin* (mericans had ri*ht to use the law of 9ortmain to stop the Ban,s incorporation and since we had the power to use the law of 9ortmain we as freeman were equal to the )in* in soverei*nty@ Muestion DFK If you answer no does that mean that Thomas &efferson the *reatest le*al mind of our youn* country who spo,e five lan*ua*es and learned the ordic lan*ua*e so he could better understand the ori*in of our laws was confused or i*norant of our law and the issues of soverei*nty@ In !"E Con*ress passed the (ct of !"E allowin* admiralty law to come on land in violation of hundreds of years of stare decisis and the 9a*na Charta and also early (merican law. This be*an what is ,nown as the Insular casesK SeeK $an*dell 'The Status of our ew Territories' !F Harv.$./ev. 4# 4G!J see also Thayer '-ur ew
%ossessions' !F Harv.$./ev. E#EJ Thayer 'The Insular Tariff Cases in the Supreme Court' ! Harv.$./ev. !#EJ $ittlefield 'The Insular Cases' ! Harv.$./ev. !#< F"!.
o hi*her duty rests upon this court than to e5ert its full authority to prevent all violation of the principles of the constitution.: =ownes vs Bidwell !"F .S. FEE 1!<!2
The dissentin* opinion in =ownes v. Bidwell leaves no doubt that the nited States Constitution was bein* abandoned to promote the ,in*s commerce.
Muestion D4K What obli*ation do 8ud*es have to obey their oath to support and defend the .S. Constitution and was your oath to the !G"G .S. de 8ure Constitution or the !"G .S. de facto Constitution post Civil War and ;ourteenth (mendment@
:The idea prevails with some indeed it found e5pression in ar*uments at the bar that we have in this country substantially or practically two national *overnmentsJ one to be maintained under the Constitution with all its restrictionsJ the other to be maintained by Con*ress outside and independently of that instrument by e5ercisin* such powers as other nations of the earth are accustomed to e5ercise.: :I ta,e leave to say that if the principles thus announced should ever receive the sanction of a ma8ority of this court a radical and mischievous chan*e in our system of *overnment will be the result. We will in that event pass from the era of constitutional liberty *uarded and protected by a written constitution into an era of le*islative absolutism.: :It will be an evil day for (merican liberty if the theory of a *overnment outside of the supreme law of the land finds lod*ment in our constitutional 8urisprudence.
The Civil War brou*ht about the conquest of the south and also the .S. de 8ure *overnment. nder International law which was codified by $incoln 1enD F2 the occupyin* army can chan*e the e5istin* laws of the de 8ure *overnment and replace all or part of them with the occupyin* armies laws by establishin* a de facto *overnment. SeeK 9acleod v. .S FF< .S. E!# !
e5ecutive order and without a lawful Con*ress for si5 months. The military occupation was confirmed by their imposin* the ;ourteenth (mendment on the southern states and its adoption by the northern states out of i*norance. The ;ourteenth (mendment created citi6enship into the de facto *overnment. It disallows its citi6ens to question the national debt in section E of the ;ourteenth (mendment which is financial servitude it also ma,es the citi6en a le*al resident. The conquered southern states became territories of the nited States until the ;ourteenth (mendment was ratified by the states however the war powers were never ended. :.....This order of a military officer assertin* in effect his ri*ht to annul such of our laws as he may deem unwise is suspended by order of the %resident. This arbitrary step is scarcely arrested when a measure is proposed by Con*ress loo,in* to the sanction of this military supremacy over our laws. In the midst of the pro*ress of these events we are astounded by a proposition ori*inated by orth Carolinians and brou*ht before Con*ress under auspices calculated to alarm us that orth Carolina one of the ori*inal thirteen is no lon*er a State but a territory of the nited States.: Inau*ural (ddress 0overnor of orth Carolina William Woods Holden !"#"
Sec. 4 of the ;ourteenth (mendment ma,es it a*ainst the law for a 8ud*e or le*islator to *ive aid to the enemy. Muestion DEK Is this why when faced with a de 8ure Constitutional ar*ument a 8ud*e will threaten the party brin*in* it with contempt because it would violate the public policy under the courts admiralty powers *ranted by the de facto *overnment@ The military occupation and declared emer*ency are still in effect all (mericans have been declared enemies of the de facto *overnment in order to e5act ta5es from them to pay the debt created by Con*ress. This fact cannot be challen*ed denied or rebuffed by you or Con*ress it is a fact. :Since 9arch < !<44 the nited States has been in a state of declared national emer*ency....nder the powers dele*ated by these statutes the %resident mayK sei6e propertyJ or*ani6e and control the means of productionJ sei6e commoditiesJ assi*n military forces abroadJ institute martial lawJ sei6e and control all transportation and communicationJ re*ulate the operation of private enterpriseJ restrict travelJ and in a plethora of particular ways control the lives of all (merican citi6ens.: :( ma8ority of the people of the nited States have lived all of their
lives under emer*ency rule. ;or E years freedoms and *overnmental procedures *uaranteed by the Constitution have in varyin* de*rees been abrid*ed by laws brou*ht into force by states of national emer*ency....from at least the Civil War in important ways shaped the present phenomenon of a permanent state of national emer*ency.: Senate /eport <4rd Con*ress ovember !< !
acts of obedience rendered in submission to such force do not become responsible as wron*doers for those acts thou*h not warranted by the laws of the ri*htful *overnment. (ctual *overnments of this sort are established over districts differin* *reatly in e5tent 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.' Thornin*ton v. Smith " Wall. ! < !< $. ed. 4#! 4#4. 9acleod v. .S FF< .S. E!# !
coercion at the a*e of !F. I was not informed that a le*al contribution made you a 8oint tort feasor see Blac,s $aw =ictionary nor was I old enou*h to enter into a contract of any ,ind much less one which enforces admiralty compelled performance. Muestion D#K Is the de facto *overnment in violation of international law and treaties by coercin* those declared to be enemies to enslave themselves by requirin* them to obtain a Social Security number ma,in* them under le*al definition a tort feasor@ Muestion DGK Is the de facto *overnment in violation of international law by creatin* a national debt and ma,in* it unlawful to challen*e the debt created by Con*ress which is forced peona*e financial slavery@ 9arch < !<44 %resident /oosevelt declared a national emer*ency with his authority bein* the War %owers (ct of -ctober # !
are hereby approved and confirmed.: :Section F. Subdivision 1b2 of section of the (ct of -ctober # !
towns or provinces which may be in his military possession by conquest and to apply the proceeds to defray the e5penses of the war this ri*ht is to be e5ercised within such limitations that it may not savor of confiscation. (s the result of military occupation the ta5es and duties payable by the inhabitants to the former *overnment become payable to the military occupant unless he sees fit to substitute for them other rates or modes of contributions to the e5penses of the *overnment. The moneys so collected are to be used for the purpose of payin* the e5penses of *overnment under the military occupation such as the salaries of the 8ud*es and the police and for the payment of the e5penses of the army.': 9acleod v. .S FF< .S. E!# !
*overnments are paid from the public revenue of the invaded territory until the military *overnment has reason wholly or partially to discontinue it. Salaries or incomes connected with purely honorary titles are always stopped.: 0en. -rders o. ! by %resident $incoln FE (pril !"#4 Muestion D
the re*ular fla* of the nited States e5cept that it has a yellow frin*e boarder on three sides. The %resident of the nited States desi*nated this deviation from the re*ular fla* by e5ecutive order and in his capacity as Commanderin Chief of the (rmed ;orces.: The president as military commander can add a yellow frin*e to our fla*. When would this be done@ =urin* time of war. Why@ ( fla* with a frin*e is an ensi*n a military fla*. This frin*e also means if flyin* in a court room that it is a admiralty 1commerce2 court and will render decisions on the type of case brou*ht before it common law equity law or admiralty which are cases based on revenue and commerce. The frin*e is proof of military 8urisdiction.1 enDE.2 Muestion D!K (re you as 8ud*e responsible for the decorum of the court room and by this fla* of war flyin* does this not violate your oath of office@ Muestion D!!K Since (mericans that come before you and enter the bar brin*in* themselves under admiralty law which is ,ept secret from them why are you not violatin* their Eth th and especially #th (mendment ri*hts that the de facto *overnment claims they have@ ntil these questions are answered I cannot in *ood conscience or morally ta,e part in
fraud or not resist a *overnment that refuses to answer le*itimate questions which confirms it is a de facto tyrannical *overnmentJ and by my sworn oath to support and defend (merica a*ainst all enemies forei*n 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 (u*ust !F !<
E7F"7
Endnote "a
7FG7
:If the (merican people ever allow the ban,s to control issuance of their currency first by inflation and then by deflation the ban,s and corporations that *row up around them will deprive the people of all property until their children will wa,e up homeless on the continent their fathers occupied.: Thomas &efferson2 :-n ;ebruary ! !G
nor prohibited by it to the States are reserved to the States or to the people.:...... .....To ta,e a sin*le step beyond the boundaries thus specially drawn around the powers of Con*ress is to ta,e possession of a boundless field of power no lon*er susceptible of any definition. The incorporation of a ban, and the powers assumed by this bill have not in my opinion been dele*ated to the nited States by the Constitution. Can it be thou*ht that the Constitution intended that for a shade or two of convenience more or less Con*ress should be authori6ed to brea, down the most ancient and fundamental laws of the several StatesJ such as those a*ainst mortmain the laws of aliena*e the rules of descent the acts of distribution the laws of escheat and forfeiture the laws of monopoly@: Endnote 2
IST/CTI-S ;-/ TH+ 0-3+/9+T -; (/9I+S -; TH+ IT+= ST(T+S I TH+ ;I+$= %repared by ;rancis $ieber promul*ated as 0eneral -rders o. ! by %resident $incoln FE (pril !"#4. Endnote >
:...The a*ency of the master is devolved upon him by the law of the
fla*. The same law that confers his authority ascertains its limits and the fla* at the masthead is notice to all the world of the e5tent of such power to bind the owners or frei*hters by his act. The forei*ner who deals with this a*ent has notice of that law and if he be bound by it there is not in8ustice. His notice is the national fla* 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 frei*hters as their a*ent for a specific purpose and with power well defined under the national maritime law.: Bouvier's $aw =ictionary !
&ames ;ran,lin 9ont*omery &ure =ivino &ura San*uinis Sui &uris
Footnote ">
(==+=9 I have 8ust discovered the followin* two endnotes. They completely confirm in a very finial way my research in British Colony parts ! F and 4 and the Informer's research and boo, :The ew History -f (merica:. If you will study the followin* papers the 9a*na Carta and our Bill of /i*hts and come to an understandin* of their similarities. Then reread the Charters included in British Colony parts ! and F ,eepin* in mind the issues I raised then read the followin* commentary. :The two main issues as I see them in British Colony areJ one the financial obli*ations of the !F!4 Charter +n D! are still in effect alon* with the Charters establishin* (merica. Two the last sentence of the !#"< Bill of /i*hts +n DF proves the followin*K: :That the Charters of the Colonies could never be overturned by a =eclaration of Independence or the !G"G treaty otherwise ,nown as the Constitution I'm tal,in* about the real sub8ect matter financial obli*ation. Title for the land was transferred to the states and then ceded by Charter to the federal *overnment under Cestui que trust but the contracted debt and obli*ation of the Colonial Charters and the !F!4 Charter could not be ne*ated. /i*hts could be *ranted to
the citi6ens sub8ects or combatants which ever the case may be but the financial obli*ation cannot nor could not be affected because it involves parties not yet born. This why )in* Charles I said the !#"< Bill of /i*hts would not free the ,in*dom from the obli*ation of the !F!4 Charter. This is why the nited States Ban, was *iven ri*ht of Charter in (merica. 0eor*e Washin*ton had no choice but to succumb to the /othchilds point man Hamilton. Tal, about de8a vu I mean does this not sound familiar. -ur Bill of /i*hts was *iven to us to *ive us the illusion of freedom. When the ta5 obli*ation of the Charters above marched alon* un impeded and unseen by (mericans and Britons ali,e. /ead the 9a*na Carta a*ain they wanted the %ope's blessin* for the !F! Charter this same %ope is the %ope in the !F!4 Charter where +n*land and Ireland were *iven to him. He could not 8ust *ive bac, his land because of other parties not yet born. The %ope let the barons presume they were free and *ave his blessin* to the !F! 9a*na Carta ,nowin* to do so would in no way lawfully overturn the *rant made to him in the !F!4 Charter. (lso it is apparent it was reco*ni6ed as law that you could not even create a Charter wherein you declared a previous *rant or Charter null in void unless the relevant parties a*reed. 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 a*ain what did the new
,in* Charles I do even thou*h the previous monarchy had come to an end its obli*ations did not this is why he had to included para*raph III a clause to protect the other parties of an earlier Charter.: &ames ;ran,lin 9ont*omery Sui &uris servant of &esus Christ Endnote "
BritanniaK Sources of British History 1!F!42 )I0 &-H's Concession of +n*land and Ireland to the %ope In the matter of the election and installation of Stephen $an*ton as (rchbishop of Canterbury )in* &ohn in the words of %ope Innocent III had by :impious persecution: tried to :enslave: the entire +n*lish Church. (s a result the pope laid on +n*land an interdict 1!F"!E2 a sort of reli*ious :stri,e: wherein no reli*ious service be performed for anyone *uilty or innocent. When this didn't wor, the ,in* himself was e5communicated. Cavin*in under that pressure &ohn wrote a letter of concession to the pope hopin* to have the interdict and the e5communication lifted 1!F!42. &ohn's concession which in effect made +n*land a fiefdom of /ome wor,ed li,e a charm. The satisfied pope lifted lifted the yo,e he had hun* on the people of +n*land and their ,in*. &ohn by the *race of 0od ,in* of +n*land lord of Ireland du,e of
ormandy and (quitaine count of (n8ou to all the faithful of Christ who shall loo, upon this present charter *reetin*. We wish it to be ,nown to all of you throu*h this our charter furnished with our seal that inasmuch as we had offended in many ways 0od and our mother the holy church and in consequence are ,nown to have very much needed the divine mercy and can not offer anythin* worthy for ma,in* due satisfaction to 0od and to the church unless we humiliate ourselves and our ,in*domsK we wishin* to humiliate ourselves for Him who humiliated Himself for us unto death the *race of the Holy Spirit inspirin* not induced by force or compelled by fear but of our own *ood and spontaneous will and by the common counsel of our barons do offer and freely concede to 0od and His holy apostles %eter and %aul and to our mother the holy /oman church and to our lord pope Innocent and to his Catholic successors the whole ,in*dom of +n*land and the whole ,in*dom Ireland with all their ri*hts and appurtenances for the remission of our own sins and of those of our whole race as well for the livin* as for the deadJ and now receivin* and holdin* them as it were a vassal from 0od and the /oman church in the presence of that prudent man %andulph 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 /oman church accordin* to the form appendedJ and in the presence of the lord pope if we shall be able to come before him we shall do lie*e homa*e to himJ bindin* our successors aid our heirs by our wife forever in similar manner to perform fealty and show homa*e to him who shall be chief pontiff at that time and to the /oman church without demur. (s a si*n moreover of this our own we will and establish perpetual obli*ation and concession we will establish that from the proper and especial revenues of our aforesaid ,in*doms for all the service and customs which we ou*ht to render for them savin* in all thin*s the penny of St. %eter the /oman church shall receive yearly a thousand mar,s sterlin* namely at the feast of St. 9ichael five hundred mar,s and at +aster five hundred mar,s seven hundred namely for the ,in*dom of +n*land and three hundred for the ,in*dom of Ireland savin* to us and to our heirs our ri*hts liberties and re*aliaJ all of which thin*s as they have been described above we wish to have perpetually valid and firmJ and we bind ourselves and our successors not to act counter to them. (nd if we or any one of our successors shall presume to attempt this whoever he be unless bein* duly warned he come to his ,in*dom and this senses be shall lose his ri*ht to the ,in*dom and this charter of our obli*ation and concession shall always remain firm.
Endnote =
BritanniaK Sources of British History BI$$ of /I0HTS !#"< (n (ct =eclarin* the /i*hts and $iberties of the Sub8ect and Settlin* the Succession of the Crown Whereas the $ords Spiritual and Temporal and Commons assembled at Westminster lawfully fully and freely representin* all the estates of the people of this realm did upon the thirteenth day of ;ebruary in the year of our $ord one thousand si5 hundred ei*htyei*ht Nold style dateO present unto their 9a8esties then called and ,nown by the names and style of William and 9ary prince and princess of -ran*e bein* present in their proper persons a certain declaration in writin* made by the said $ords and Commons in the words followin* Whereas the late )in* &ames the Second by the assistance of divers evil counsellors 8ud*es and ministers employed by him did endeavour to subvert and e5tirpate the %rotestant reli*ion and the laws and liberties of this ,in*domJ By assumin* and e5ercisin* a power of dispensin* with and suspendin* of laws and the e5ecution of laws without consent of %arliamentJ By committin* and prosecutin*
divers worthy prelates for humbly petitionin* to be e5cused from concurrin* to the said assumed powerJ By issuin* and causin* to be e5ecuted a commission under the *reat seal for erectin* a court called the Court of Commissioners for +cclesiastical CausesJ By levyin* money for and to the use of the Crown by pretence of prero*ative for other time and in other manner than the same was *ranted by %arliamentJ By raisin* and ,eepin* a standin* army within this ,in*dom in time of peace without consent of %arliament and quarterin* soldiers contrary to lawJ By causin* several *ood sub8ects bein* %rotestants to be disarmed at the same time when papists were both armed and employed contrary to lawJ By violatin* the freedom of election of members to serve in %arliamentJ By prosecutions in the Court of )in*'s Bench for matters and causes co*ni6able only in %arliament and by divers other arbitrary and ille*al coursesJ (nd whereas of late years partial corrupt and unqualified persons have been returned and served on 8uries in trials and particularly divers 8urors in trials for hi*h
treason which were not freeholdersJ (nd e5cessive bail hath been required of persons committed in criminal cases to elude the benefit of the laws made for the liberty of the sub8ectsJ (nd e5cessive fines have been imposedJ (nd ille*al and cruel punishments inflictedJ (nd several *rants and promises made of fines and forfeitures before any conviction or 8ud*ment a*ainst the persons upon whom the same were to be leviedJ (ll which are utterly and directly contrary to the ,nown laws and statutes and freedom of this realmJ (nd whereas the said late )in* &ames the Second havin* abdicated the *overnment and the throne bein* thereby vacant his Hi*hness the prince of -ran*e 1whom it hath pleased (lmi*hty 0od to ma,e the *lorious instrument of deliverin* this ,in*dom from popery and arbitrary power2 did 1by the advice of the $ords Spiritual and Temporal and divers principal persons of the Commons2 cause letters to be written to the $ords Spiritual and Temporal bein* %rotestants and other letters to the several counties cities universities borou*hs and cinque ports for the choosin* of such persons to represent them as were of ri*ht to be sent to %arliament to meet and sit at Westminster upon the two and twentieth day of &anuary in this year
one thousand si5 hundred ei*hty and ei*ht in order to such an establishment as that their reli*ion laws and liberties mi*ht not a*ain be in dan*er of bein* subverted upon which letters elections havin* been accordin*ly madeJ (nd thereupon the said $ords Spiritual and Temporal and Commons pursuant to their respective letters and elections bein* now assembled in a full and free representative of this nation ta,in* into their most serious consideration the best means for attainin* the ends aforesaid do in the first place 1as their ancestors in li,e case have usually done2 for the vindicatin* and assertin* their ancient ri*hts and liberties declareK That the pretended power of suspendin* the laws or the e5ecution of laws by re*al authority without consent of %arliament is ille*alJ That the pretended power of dispensin* with laws or the e5ecution of laws by re*al authority as it hath been assumed and e5ercised of late is ille*alJ That the commission for erectin* the late Court of Commissioners for +cclesiastical Causes and all other commissions and courts of li,e nature are ille*al and perniciousJ That levyin* money for or to the use of the Crown by pretence of prero*ative without *rant of
%arliament for lon*er time or in other manner than the same is or shall be *ranted is ille*alJ That it is the ri*ht of the sub8ects to petition the ,in* and all commitments and prosecutions for such petitionin* are ille*alJ That the raisin* or ,eepin* a standin* army within the ,in*dom in time of peace unless it be with consent of %arliament is a*ainst lawJ That the sub8ects which are %rotestants may have arms for their defence suitable to their conditions and as allowed by lawJ That election of members of %arliament ou*ht to be freeJ That the freedom of speech and debates or proceedin*s in %arliament ou*ht not to be impeached or questioned in any court or place out of %arliamentJ That e5cessive bail ou*ht not to be required nor e5cessive fines imposed nor cruel and unusual punishments inflictedJ That 8urors ou*ht to be duly impanelled and returned and 8urors which pass upon men in trials for hi*h treason ou*ht to be freeholdersJ That all *rants and promises of fines and forfeitures of particular
persons before conviction are ille*al and voidJ (nd that for redress of all *rievances and for the amendin* stren*thenin* and preservin* of the laws %arliaments ou*ht to be held frequently. (nd they do claim demand and insist upon all and sin*ular the premises as their undoubted ri*hts and liberties and that no declarations 8ud*ments doin*s or proceedin*s to the pre8udice of the people in any of the said premises ou*ht in any wise to be drawn hereafter into consequence or e5ampleJ to which demand of their ri*hts they are particularly encoura*ed by the declaration of his Hi*hness the prince of -ran*e as bein* the only means for obtainin* a full redress and remedy therein. Havin* therefore an entire confidence that his said Hi*hness the prince of -ran*e will perfect the deliverance so far advanced by him and will still preserve them from the violation of their ri*hts which they have here asserted and from all other attempts upon their reli*ion ri*hts and liberties the said $ords Spiritual and Temporal and Commons assembled at Westminster do resolve that William and 9ary prince and princess of -ran*e be and be declared ,in* and queen of +n*land ;rance and Ireland and the dominions thereunto belon*in* to hold the crown and royal di*nity of the said ,in*doms and dominions to them
the said prince and princess durin* their lives and the life of the survivor to them and that the sole and full e5ercise of the re*al power be only in and e5ecuted by the said prince of -ran*e in the names of the said prince and princess durin* their 8oint lives and after their deceases the said crown and royal di*nity of the same ,in*doms and dominions to be to the heirs of the body of the said princess and for default of such issue to the %rincess (nne of =enmar, and the heirs of her body and for default of such issue to the heirs of the body of the said prince of -ran*e. (nd the $ords Spiritual and Temporal and Commons do pray the said prince and princess to accept the same accordin*ly. (nd that the oaths hereafter mentioned be ta,en by all persons of whom the oaths have alle*iance and supremacy mi*ht be required by law instead of themJ and that the said oaths of alle*iance and supremacy be abro*ated. I (.B. do sincerely promise and swear that I will be faithful and bear true alle*iance to their 9a8esties )in* William and Mueen 9ary. So help me 0od. I (.B. do swear that I do from my heart abhor detest and ab8ure as impious and heretical this damnable doctrine and position that princes e5communicated or deprived by the %ope or any authority of the see of /ome may be deposed or murdered by their sub8ects or any other
whatsoever. (nd I do declare that no forei*n prince person prelate state or potentate hath or ou*ht to have any 8urisdiction power superiority preeminence or authority ecclesiastical or spiritual within this realm. So help me 0od. pon which their said 9a8esties did accept the crown and royal di*nity of the ,in*doms of +n*land ;rance and Ireland and the dominions thereunto belon*in* accordin* to the resolution and desire of the said $ords and Commons contained in the said declaration. (nd thereupon their 9a8esties were pleased that the said $ords Spiritual and Temporal and Commons bein* the two Houses of %arliament should continue to sit and with their 9a8esties' royal concurrence ma,e effectual provision for the settlement of the reli*ion laws and liberties of this ,in*dom so that the same for the future mi*ht not be in dan*er a*ain of bein* subverted to which the said $ords Spiritual and Temporal and Commons did a*ree and proceed to act accordin*ly. ow in pursuance of the premises the said $ords Spiritual and Temporal and Commons in %arliament assembled for the ratifyin* confirmin* and establishin* the said declaration and the articles clauses matters and thin*s therein contained by the force of law made in due form by authority of %arliament do pray that it may be declared and enacted that
all and sin*ular the ri*hts and liberties asserted and claimed in the said declaration are the true ancient and indubitable ri*hts and liberties of the people of this ,in*dom and so shall be esteemed allowed ad8ud*ed deemed and ta,en to beJ and that all and every the particulars aforesaid shall be firmly and strictly holden and observed as they are e5pressed in the said declaration and all officers and ministers whatsoever shall serve their 9a8esties and their successors accordin* to the same in all time to come. (nd the said $ords Spiritual and Temporal and Commons seriously considerin* how it hath pleased (lmi*hty 0od in his marvellous providence and merciful *oodness to this nation to provide and preserve their said 9a8esties' royal persons most happily to rei*n over us upon the throne of their ancestors for which they render unto him from the bottom of their hearts their humblest than,s and praises do truly firmly assuredly and in the sincerity of their hearts thin, and do hereby reco*ni6e ac,nowled*e and declare that )in* &ames the Second havin* abdicated the *overnment and their 9a8esties havin* accepted the crown and royal di*nity as aforesaid their said 9a8esties did become were are and of ri*ht ou*ht to be by the laws of this realm our soverei*n lie*e lord and lady ,in* and queen of +n*land ;rance and Ireland and the dominions thereunto belon*in* in
and to whose princely persons the royal state crown and di*nity of the said realms with all honours styles titles re*alities prero*atives powers 8urisdictions and authorities to the same belon*in* and appertainin* are most fully ri*htfully and entirely invested and incorporated united and anne5ed. (nd for preventin* all questions and divisions in this realm by reason of any pretended titles to the crown and for preservin* a certainty in the succession thereof in and upon which the unity peace tranquility and safety of this nation doth under 0od wholly consist and depend the said $ords Spiritual and Temporal and Commons do beseech their 9a8esties that it may be enacted established and declared that the crown and re*al *overnment of the said ,in*doms and dominions with all and sin*ular the premises thereunto belon*in* and appertainin* shall be and continue to their said 9a8esties and the survivor of them durin* their lives and the life of the survivor of them and that the entire perfect and full e5ercise of the re*al power and *overnment be only in and e5ecuted by his 9a8esty in the names of both their 9a8esties durin* their 8oint livesJ and after their deceases the said crown and premises shall be and remain to the heirs of the body of her 9a8esty and for default of such issue to her /oyal Hi*hness the %rincess (nne of =enmar, and the heirs of the body of his said 9a8estyJ and thereunto the said $ords
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 ma8esties and also the limitation and succession of the crown herein specified and contained to the utmost of their powers with their lives and estates a*ainst all persons whatsoever that shall attempt anythin* to the contrary. (nd whereas it hath been found by e5perience that it is inconsistent with the safety and welfare of this %rotestant ,in*dom to be *overned by a popish prince or by any ,in* or queen marryin* a papist the said $ords 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 /ome or shall profess the popish reli*ion or shall marry a papist shall be e5cluded and be for ever incapable to inherit possess or en8oy the crown and *overnment of this realm and Ireland and the dominions thereunto belon*in* or any part of the same or to have use or e5ercise any re*al power authority or 8urisdiction within the sameJ and in all and every such case or cases the people of these realms shall be and are hereby absolved of their alle*ianceJ and the said crown and *overnment shall from time to
time descend to and be en8oyed by such person or persons bein* %rotestants as should have inherited and en8oyed the same in case the said person or persons so reconciled holdin* communion or professin* or marryin* as aforesaid were naturally deadJ and that every ,in* and queen of this realm who at any time hereafter shall come to and succeed in the imperial crown of this ,in*dom shall on the first day of the meetin* of the first %arliament ne5t after his or her comin* to the crown sittin* in his or her throne in the House of %eers in the presence of the $ords 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 ta,in* the said oath 1which shall first happen2 ma,e subscribe and audibly repeat the declaration mentioned in the statute made in the thirtieth year of the rei*n of )in* Charles the Second entitled :(n (ct for the more effectual preservin* the ,in*'s person and *overnment by disablin* papists from sittin* in either House of %arliament.: But if it shall happen that such ,in* or queen upon his or her succession to the crown of this realm shall be under the a*e of twelve years then every such ,in* or queen shall ma,e subscribe and audibly repeat the same declaration at his or her coronation or the first day of the meetin* of the first %arliament as aforesaid which shall
first happen after such ,in* or queen shall have attained the said a*e of twelve years. (ll which their 9a8esties are contented and pleased shall be declared enacted and established by authority of this present %arliament and shall stand remain and be the law of this realm for everJ and the same are by their said 9a8esties by and with the advice and consent of the $ords Spiritual and Temporal and Commons in %arliament assembled and by the authority of the same declared enacted and established accordin*ly. II. (nd be it further declared and enacted by the authority aforesaid that from and after this present session of %arliament 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 e5cept a dispensation be allowed of in such statute and e5cept in such cases as shall be specially provided for by one or more bill or bills to be passed durin* this present session of %arliament. III. %rovided that no charter or *rant or pardon *ranted before the three and twentieth day of -ctober in the year of our $ord one thousand si5 hundred ei*htynine shall be any ways impeached or invalidated by this (ct but that the same shall be and remain of the same force and effect in law and no other than as if this (ct had never been made. http://freedomlaw.com/BRColony.html http://www.civil-liberties.com/books/main.html
"ni#hthood$ "ni#ht! In The Ne%!$ S%earin# the Oath$ Cro%n$
U&on %hih !%ord do you %i!h to !%ear your Oath'
Candidate$ U&on the !%ord o( Hi! Im&erial Ma)e!ty*
http://www.apfn.org/apfn/knighthood.ht m The Soial Seurity Number http://www.apfn.org/apfn/ssn.htm
+ueen Eli,abeth ontrol! and ha! amended U*S* Soial Seurity http://www.apfn.org/apfn/queen.htm
The La%yer! Seret Oath http://www.apfn.org/apfn/secretoath.htm
-ud#e #et! order! (rom En#land http://www.apfn.org/apfn/orders-from-england.htm
Seret! o( the .ederal Re!er/e and the London Connetion http://www.apfn.org/apfn/reserve.htm
The Seret Oath http://www.apfn.org/apfn/secretoath.htm
The 010 2eo&le Re!&on!ible .or All o( Ameria3! 4oe! http://www.apfn.org/apfn/woes.htm
'he 3rginal 45th mendment http://www.apfn.org/apfn/1th.htm
1as the 46th mendment &atified7 http://www.apfn.org/apfn/1!th.htm
