Time: Thu Aug 14 04:07:17 1997 by primenet.com (8.8.5/8.8.5) with ESMTP id UAA13632; Wed, 13 Aug 1997 20:24:07 -0700 (MST) by usr02.primenet.com (8.8.5/8.8.5) with SMTP id UAA13647; Wed, 13 Aug 1997 20:22:22 -0700 (MST) 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 Content-Transfer-Encoding: 8bit >[snip] >> >>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 >interesting. > >Later... > >chuck petras > >===== >REVISED STATUTES 1878 >TITLE XXV >CITIZENSHIP > > http://www.alaska.net/~winter/1878rs_XXV_citizenship_.html > >Sec. >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 >section. >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. > >------------------------------------------------------------------------ > >------------------------------------------------------------------------ >Notes: > >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 >disavowed". > >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." > >===== > >REVISED STATUTES 1878 >TITLE XXIV >CIVIL RIGHTS > > http://www.alaska.net/~winter/1878rs_civil_rights_T_xxiv.html > >Section >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 tel: (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night email: [address in tool bar] : using Eudora Pro 3.0.3 on 586 CPU website: http://www.supremelaw.com : visit the Supreme Law Library now ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best Tucson, Arizona state : state zone, not the federal zone Postal Zone 85719/tdc : USPS delays first class w/o this 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. ======================================================================== [This text formatted on-screen in Courier 11, non-proportional spacing.]
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