Time: Thu Aug 14 04:07:17 1997
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Date: Wed, 13 Aug 1997 20:21:14 -0700
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: Federal citizenship was first established
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>>Federal citizenship was first established
>>by the 1866 Civil Rights Act -- a statute.
>>It is a municipal statute, which created
>>a municipal franchise, subject to the
>>municipal jurisdiction of Congress.
>>See Roa v. Collector.
>Actually, the first occurance of legislated federal citizenship was at 14
>Stat. 27 (Act of April 9th, 1866, c.31, s.l), at least as far as I've been
>able to find so far. This classification couldn't occur until the 13th
>Amendment was ratified, which occured previously on Dec. 18, 1865 (13 Stat.
>774).  {Found below at R.S. 1992.}
>Remember, citizenship is a form of servitude.  How govt can color children
>with citizenship before their majority seems to indicate the total failure
>of our educational system to teach critical thinking.
>Before the ratification of the 13th, congress couldn't delare anyone to be
>citizens (or anything else for that matter) because that would have been a
>Bill of Attainder. Since the 13th outlawed involuntary servitude, anyone
>who didn't want to be a citizen was free to opt-out, because it was/is
>voluntary, always was, always will be for the native born.
>A good study on this point are indians.  Before they were declared to be
>citizens in 1924, it took some voluntary act on the indians part to become
>a citizen (eg, like voluntarily accepting an allotment of government land
>on their reservation).
>I found the below stuff where indicated, and I trust you'll find it
>chuck petras
>	http://www.alaska.net/~winter/1878rs_XXV_citizenship_.html
>1992. Who are citizens
>1993. Citizenship of children of citizens born abroad.
>1994. Citizenship of married women.
>1995. Of persons born in Oregon.
>1996. Rights as citizens forfeited for desertion, &c
>1997. Certain soldiers and sailor not to incur the forfeitures of the last
>1998. Avoiding the draft.
>1999. Right of expatriation declared.
>2000. Protection to naturalized citizens in foreign states
>2001. Release of citizens imprisoned by foreign government to be demanded.
>1992. All persons born in the United States and not subject to any foreign
>power. excluding Indians not taxed, are declared to be citizens of the
>United States.
>[9 April, 1866, c.31,s.l, v. 14, p.27]
>SEC. 1993. All children heretofore born or hereafter born out of the limits
>and jurisdiction of the United States, whose fathers were or may be at the
>time of their birth citizens thereof, are declared to be citizens of the
>United States; but the rights of citizenship shall not descend to children
>whose fathers never resided in the United States.
>SEC. 1994. Any woman who is now or may hereafter be married to a citizen of
>the United States, and who might herself be lawfully naturalized, shall be
>deemed a citizen.
>SEC. 1995. All persons born in the district of country formerly known as
>the Territory of Oregon, and subject to the jurisdiction of the United
>States on the 18th May, 1872, are citizens in the same manner as if born
>elsewhere in the United States.
>SEC. 1996. All persons who deserted the military or naval service of the
>United States and did not return thereto or report themselves to a
>provost-marshal within sixty days after the issuance of the proclamation by
>the President, dated the fifth day of March, 1865, are deemed to have
>voluntarily relinquished and forfeited their rights of citizenship, as well
>as their right to become citizens; and such deserters shall be forever
>incapable of holding any office of trust or profit under the United States,
>or of exercising any rights of citizens thereof.
>SEC. 1997. No soldier or sailor, however, who faithfully served according
>to his enlistment until the 19th day of April, 1865, and who, without
>proper authority or leave first obtained, quit his command or refused to
>serve after that date, shall be held to he a deserter from the Army or
>Navy: but this section shall be construed solely as a removal of any
>disability such soldier or sailor may have incurred, under the preceding
>section, by the loss of citizenship and of the right to hold office, in
>consequence of his desertion.
>1998. Every person who hereafter deserts the military or naval service of
>the United States, or who, being duly enrolled, departs the jurisdiction of
>the district in which he is enrolled. or goes beyond the limits of the
>United States. with intent to avoid any draft into the military or naval
>service, lawfully ordered, shall be liable to all the penalties and
>forfeitures of section nineteen hundred and ninety-six.
>SEC. 1999. Whereas the right of expatriation is a natural and inherent
>right of all people, indispensable to the enjoyment of the rights of life,
>liberty and the pursuit of happiness; and whereas in the recognition of
>this principle this government has freely received emigrants from all
>nations, and invested them with the rights of citizenship; and whereas it
>is claimed that such American citizens, with their descendant are subject
>of foreign states, owing allegiance to the governments thereof; whereas it
>is necessary to the maintenance of public peace that this claim of foreign
>allegiance should be promptly and finally disavowed Therefore any
>declaration, instruction. opinion order, or decision of any officer of the
>United States which denies. restricts, impairs, or questions the right of
>expatriation, is declared inconsistent with the fundamental principles of
>the Republic.
>SEC. 2000. AU naturalized citizens of the United States, while in foreign
>countries. are entitled to and shall receive from this Government the same
>protection of persons and property which is accorded to native
>born citizens.
>SEC. 2001. Whenever it is made known to the President that any citizen of
>the United States has been unjustly deprived of his liberty by or under the
>authority of any foreign government, it shall be the duty of the President
>forthwith to demand of that government the reasons of such imprisonment;
>and if it appears to be wrongful and in violation of the rights of American
>citizenship, the President shall forthwith demand the release of such
>citizen. and of the release so demanded is unreasonably delayed or refused,
>the President shall use such means, not amounting to acts of war, as he may
>think necessary and proper to obtain or effectuate the release; and all the
>facts and proceedings relative thereto shall as soon as practicable be
>communicated by the President to Congress.
>Section 1992 is extremely important. Only the Congress declared citizens of
>the United States that have no foreign power are this particular type of
>"citizen of the United States". When the Constitution of the United States
>was established, We the People and the Posterity, encompassed that you were
>both a citizen of the United States and a state [one of the several
>States]. This "citizen of the United States" that Congress declared is not
>the same!!!. You must read the Dred Scott case to understand this.
>Section 1999 tells it all. This is pure TREASON. Pay particular attention
>to the following:
>"and whereas it is claimed that such American citizens, with their
>descendant are subject of foreign states, owing allegiance to the
>governments thereof; whereas it is necessary to the maintenance of public
>peace that this claim of foreign allegiance should be promptly and finally
>The foreign states are the several States in the Union. Congress is wanting
>all people to NOT be a Citizen of your State. If you are, the fraud they
>are attempting to implement will not work.
>Also note the use of the word "emigrants" and not "immigrant". Blacks 6th
>definition of emigrant is "One who leaves his country for any reason, with
>intention to not return, with design to reside elsewhere" versus the
>definition of immigrant "***. One who leaves a country to permanently
>settle in another."
>Expatriation in Blacks 6th Edition is defined as "The voluntary act of
>abandoning or renouncing one's country, and becoming the citizen or subject
>of another."
>	http://www.alaska.net/~winter/1878rs_civil_rights_T_xxiv.html
>1977. Equal rights under the law.
>1978. Rights of citizens in respect to real and personal property.
>1979. Civil action for deprivation of rights
>1980. Conspiracy.
>1981. Action for neglect to prevent conspiracy.
>1982. District attorney, &c. to prosecute.
>1983. Commissioners.
>1984. They may appoint persons to execute warrants, &c.
>1985. Marshalls to obey precepts, &c.
>1986. Fees of district attorney, &c.
>1987. Of persons appointed to execute process, &c.
>1988. Speedy trial.
>1989. Aid of the military and naval forces.
>1990. Peonage abolished.
>1991. Foregoing section, how enforced.
>SEC. 1977. All persons within the jurisdiction of the United States shall
>have the same right in every State and Territory to make and enforce
>contracts, to sue, be parties, give evidence, and to the full and equal
>benefit of all laws and proceedings for the security of persons and
>property as is enjoyed by white citizens, and shall he subject to like
>punishment, pains, penalties taxes, licenses, and exaction of every kind,
>and to no other. [See  858]
>SEC. 1978. All citizens of the United States, shall have the same right, in
>every State and Territory, as is enjoyed by white citizens thereof to
>inherit, purchase, lease, sell, hold, and convey real and personal property.
>SEC. 1979. Every person who, under color of any statute, ordinance,
>regulation, custom or usage, of any State or Territory, subjects, or causes
>to he subjected, any citizen of the United States or other person within
>the jurisdiction thereof to the deprivation of any rights, privileges, or
>immunities secured by the Constitution and laws, shall be liable to the
>Party injured in an action at law, suit in equity, or other proper
>proceeding for redress. [See  563, 629]
>SEC. 1980. First. If two or more persons in any State or Territory conspire
>to prevent, by force, intimidation, or threat. any person from accepting or
>holding any office, trust, or place of confidence under the United States,
>or from discharging any duties thereof; or to induce by like means any
>officer of the United States to leave any State, district, or place, where
>his duties, as an officer are required to be performed. or to injure him in
>his person or property on account of his lawful discharge or the duties of
>his office, or while engaged in the lawful discharge thereof, or to injure
>his property so as to modest, interrupt. hinder, or impede him in the
>discharge of his official duties:
>Second. If two or more person in any State or Territory conspire to deter,
>by force, intimidation, or threat. any party or witness in any court of the
>United States from attending such court. or from testifying to any matter
>pending therein, freely, fully, and truthfully, or to injure such party or
>witness in his person or property on account of his having so attended or
>testified, or to influence the verdict, presentment, or indictment of any
>grand or petit juror in any such court, or to injure such juror in his
>person or property on account of any verdict, presentment. or indictment
>lawfully assented to by him, or of his being or having been such juror; or
>if two or more persons conspire for the purpose of impeding, hindering,
>obstructing, or defeating, In any manner, the due course of justice in any
>State or Territory, with intent to deny to any citizen the equal protection
>of the laws, or to injure him or his property for lawfully enforcing or
>attempting to enforce. the right of any person. or class of persons to the
>equal protection of the laws;
>Third. If two or more persons in any state or Territory conspire, or go in
>disguise on the highway or on the premises of another, for the purpose of
>depriving, either directly or indirectly, any person or class of persons of
>the equal protection of the laws, or of equal privileges and immunities
>under the laws; or for the purpose of preventing or hindering the
>constituted authorities of any State or Territory from giving or securing
>to all persons within such State or Territory the equal protection of the
>laws; of if two or more persons conspire to prevent by force, intimidation
>or threat, any citizen who is lawfully entitled to vote, from giving his
>support or advocacy in a legal manner, toward or in favor of the election
>of any lawfully qualified person as an elector for President or
>Vice-President, or as a member of Congress of the United States; or to
>injure any citizen in person or property on account of such support or
>advocacy; in any case of conspiracy set forth in this section, if one or
>more persons engaged therein do, or cause to be done, any set in
>furtherance of the object of such conspiracy, whereby another is injured in
>his person or property, or deprived of having and exercising any right or
>privilege of a citizen of the United States, the party so injured or
>deprived may have an action for the recovery of damages, occasioned by such
>injury or deprivation, against any one or more of the conspirators. [See 
>563, 629]
>SEC. 1981. Every person who, having knowledge that any of the wrongs
>conspired to be done, and mentioned in the preceding section are about to
>be committed, and having power to prevent or aid in preventing the
>commission of the same, neglects or refuses so to do, if such wrongful set
>be committed, shall be liable to the party injured, or his legal
>representatives, for all damages caused by such wrongful acts which such
>person by reasonable diligence could have prevented; and such damages may
>be recovered in an action on the case; and any number of persons guilty of
>such wrongful neglect or refusal may be joined as defendants in the action:
>and if the death of any partly be caused by any such wrongful act and
>neglect, the legal representatives of the deceased shall have such action
>therefore and may recover not exceeding five thousand dollars damages
>therein. for the benefit of the widow of the deceased if there be one, and
>if there be no widow, then for the benefit of the next of kin of the
>deceased. But no action under the provisions of this section shall be
>sustained which is not commenced within one year after the cause of action
>has accrued.[See  629].
>SEC. 1982. The district attorneys, marshals. and deputy marshals, the
>commissioners appointed by the circuit and territorial courts, with power
>to arrest, imprison. or bail offenders, and every other officer who is
>especially empowered by the President, are authorized and required, at the
>expense of the United States, to institute prosecutions against all persons
>violating any of the provisions of chapter seven of the Title 'CRIMES," and
>to cause such persons to be arrested. and imprisoned or bailed, for trial
>before the court of the United States or the territorial court having
>Cognizance of the offense.
>SEC. 1983. The circuit courts of the United States and the district courts
>of the Territories, from time to time, shall increase the number of
>commissioners so as to afford a speedy and convenient means for the arrest
>and examination of persons charged with the crimes referred to in the
>preceding section; and such commissioners are authorized and required to
>exercise all the powers and duties conferred on them herein with regard to
>such offenses in like manner as they are authorized by law to exercise with
>regard to other offenses against the laws of the United States.
>SEC. 1984. The commissioners authorized to be appointed by the preceding
>section are empowered within their respective counties, to appoint, in
>writing, under their hands, one or more suitable persons, from time to
>time, who shall execute all such warrants or other process as the
>commissioners may issue in the lawful performance of their duties, and the
>persons so appointed shall have authority to summon and call to their aid
>the bystanders or posse comitatus of the proper county, or such portion of
>the land or naval forces of the United States, or of the militia, as may be
>necessary to the performance of the duty with which they are charged: and
>such warrants shall run and bee executed anywhere in the State or Territory
>within which they are issued. [See  5516].
>SEC. 1985. Every marshal and deputy marshal shall obey and execute all
>warrants or other process, when directed to him, issued under the
>provisions hereof. [See  5516].
>SEC. 1986. The district attorneys, marshals, their deputies, and the clerks
>of the courts of the United States and territorial courts shall be paid for
>their services, in cases under the foregoing provisions, the same fees as
>are allowed to them for like services in other cases; and where; the
>proceedings are before a commissioner he shall be entitled to a fee of ten
>dollars for his services in each case, inclusive of all services incident
>to the arrest and examination.
>SEC. 1987. Every person appointed to execute process under section nineteen
>hundred and eighty-four shall be entitled to a fee of five dollars for each
>party he may arrest and take before any commissioner, with such other fees
>as may be deemed reasonable by the commissioner for any additional services
>necessarily performed be him, such as attending at the examination, keeping
>the prisoner in custody, and providing him with food and lodging during his
>detention, and until the final determination of the commissioner; such fees
>to be made up in conformity with the fees usually charged by the officers
>of the courts of justice within the proper district or county; as near as
>may be practicable. and paid out of the Treasury of the United States on
>the certificate of the judge of the district within which the arrest is
>made, and to be recoverable from the defendant as part of the judgment in
>case of conviction.
>SEC. 1988. Whenever the President has reason to believe that offenses have
>been, or are likely to be committed against the provisions of chapter seven
>of the Title (CRIMES, within any judicial district, it shall be law for
>him, in his discretion, to direct the judge, marshal. and district attorney
>of such district to attend at such place within the district, and for such
>time as be may designate, for the purpose of the more speedy arrest and
>trial of persons so charged, and it shall be the duty of every judge or
>other officer, when any such requisition is received by him to attend at
>the place and for the time therein designated.
>SEC. 1989. It shall be lawful for the President of the United States. or
>such person as he may empower for that purpose, to employ such part of the
>land or naval forces of the United States. or of the militia, as may be
>necessary to aid in the execution of judicial process issued under any of
>the preceding provisions, or as shall he necessary to prevent the violation
>and enforce the due execution of the provisions of this Title.
>SEC. 1990. The holding of any person to service or labor under the system
>known as peonage is abolished and forever prohibited in the Territory of
>New Mexico or in any other Territory or State of the United States; and all
>acts, laws, resolutions, orders, regulations, or usages of the Territory of
>New Mexico, or of any other Territory or State, which have heretofore
>established, maintained, enforced, or by virtue of which any attempt shall
>hereafter be made to establish, maintain. or enforce, directly or
>indirectly, the voluntary or involuntary service or labor of any persons as
>peons, in liquidation of any debt or obligation, or otherwise, are declared
>null and void.
>SEC. 1991. Every person in the military or civil service in the Territory
>of New Mexico shill aid in the enforcement of the preceding section.

Paul Andrew Mitchell                 : Counselor at Law, federal witness
B.A., Political Science, UCLA;  M.S., Public Administration, U.C. Irvine

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As agents of the Most High, we came here to establish justice.  We shall
not leave, until our mission is accomplished and justice reigns eternal.
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