Time: Thu Dec 04 04:47:00 1997 To: From: Paul Andrew Mitchell [address in tool bar] Subject: SLS: America's subjection to Britain, in a nut shell - includes new information (fwd) Cc: Bcc: sls References: <snip> > >years. In all that time no people who speak the English language >have borne such servitude. It reduces the whole population of >the ten States- all persons, of every color, sex and condition, >and every stranger within their limits- to the most abject and >degrading slavery. No master ever had a control so absolute over >the slaves as this bill gives to the military officers over both >white and colored persons...." > "I come now to a question which is, if possible, still more >important. Have we the power to establish and carry into >execution a measure like this? I answer, 'Certainly not', if we >derive our authority from the Constitution and if we are bound by >the limitations which is imposes.".... > "...The Constitution also forbids the arrest of the citizen >without judicial warrant, founded on probable cause. This bill >authorizes an arrest without warrant, at pleasure of a military >commander. The Constitution declares that 'no person shall be >held to answer for a capital or otherwise infamous crime unless >on presentment of a grand jury'. This bill holds ever person not >a soldier answerable for all crimes and all charges without any >presentment. The Constitution declares that 'no person shall be >deprived of life, liberty, or property without due process of >law'. This bill sets aside all process of law, and makes the >citizen answerable in his person and property to the will of one >man, and as to his life to the will of two. Finally, the >Constitution declares that 'the privilege of the writ of habeas >corpus shall not be suspended unless when, in case of rebellion >or invasion, the public safety may require it'; whereas this bill >declares martial law (which of itself suspends this great writ) >in time of peace, and authorizes the military to make the arrest, >and gives to the prisoner only one privilege, and that is trial >'without unnecessary delay'. He has no hope of release from >custody, except the hope, such as it is, of release by acquittal >before a military commission." > "The United States are bound to guarantee to each State a >republican form of government. Can it be pretended that this >obligation is not palpably broken if we carry out a measure like >this, which wipes away every vestige of republican government in >ten States and puts the life, property, and honor of all people >in each of them under domination of a single person clothed with >unlimited authority?" > "....,here is a bill of attainder against 9,000,000 people >at once. It is based upon an accusation so vague as to be >scarcely intelligible and found to be true upon no credible >evidence. Not one of the 9,000,000 was heard in his own defense. >The representatives of the doomed parties were excluded from all >participation in the trial. The conviction is to be followed by >the most ignominious punishment ever inflicted on large messes of >men. It disfranchises them by hundreds of thousands and degrades >them all, even those who are admitted to be guiltless, from the >rank of freeman to the condition of slaves." >Veto Message of President Johnson, March 2, 1867 > > >Reconstruction Act of March 2, 1867 > >RECONSTRUCTION ACT OF THIRTY-NINTH CONGRESS > > >>From Twenty Years of Congress: From Lincoln to Garfield. > >With a review of the events which led to the political revolution >of 1860, by James G. Blaine. Vol. II, pp. 681-682. > >An Act to provide for the more efficient government of the rebel >states. > > "Whereas no legal State governments or adequate protection >for life or property now exist in the rebel States of Virginia, >North Carolina, South Carolina, Georgia, Mississippi, Alabama, >Louisiana, Florida, Texas, and Arkansas; and whereas it is >necessary that peace and good order should be enforced in said >States until loyal and republican State governments can be >legally established: Therefore." > > "Be it enacted, That said rebel States shall be divided >into military districts and made subject to the military >authority of the United States, as hereinafter prescribed, and >for that purpose Virginia shall constitute the first district; >North Carolina and South Carolina the second district; Georgia, >Alabama, and Florida the third district; Mississippi and Arkansas >the fourth district; and Louisiana and Texas the fifth district." > >Sec. 2. "That it shall be the duty of the President to assign to >the command of each of said districts an officer of the army, not >below the rank of brigadier-general, and to detail a sufficient >military force to enable such officer to perform his duties and >enforce his authority within the district to which he is >assigned." > >Sec. 3. "That it shall be the duty of each officer assigned as >aforesaid to protect all persons in their rights of person and >property, to suppress insurrection, disorder, and violence, and >to punish, or cause to be punished, all disturbers of the public >peace and criminals, and to this end he may allow local civil >tribunals to take jurisdiction of and to try offenders, or, when >in his judgment it may be necessary for the trial of offenders, >he shall have power to organize military commissions or tribunals >for that purpose; and all interference under color of State >authority with the exercise of military authority under this act >shall be null and void." > >Sec. 4. "That all persons put under military arrest by virtue of >this act shall be tried without unnecessary delay, and no cruel >or unusual punishment shall be inflicted; and no sentence of any >military commission or tribunal hereby authorized, affecting the >life or liberty of any person, shall be executed until it is >approved by the officer in command of the district, and the laws >and regulations for the government of the army shall not be >affected by this act, except in so far as they conflict with its >provisions: > > "Provided, That no sentence of death under the provisions of >this act shall be carried into effect without the approval of the >President." > >Sec. 5."That when the people of any one of said rebel States >shall have formed a constitution of government in conformity with >the Constitution of the United States in all respects, framed by >a convention of delegates elected by the male citizens of said >State twenty-one years old and upward, of whatever race, color, >or previous condition, who have been resident in said State for >one year previous to the day of such election, except such as may >be disfranchised for participation in the rebellion, or for >felony at common law, and when such constitution shall provide >that the elective franchise shall be enjoyed by all such persons >as have the qualifications herein stated for electors of >delegates, and when such constitution shall be ratified by a >majority of the persons voting on the question of ratification >who are qualified as electors for delegates, and when such >constitution shall have been submitted to Congress for >examination and approval, and Congress shall have approved the >same, and when said State, by a vote of its legislature elected >under said constitution, shall have adopted the amendment to the >Constitution of the United States, proposed by the Thirty-Ninth >Congress, and known as a targe." > > "After Ten Amend article fourteen, and when said article >shall have become a part of the Constitution of the United >States, said State shall be declared entitled to representation >in Congress, and Senators and Representatives shall be admitted >therefrom on their taking the oaths prescribed by law, and then >and thereafter the preceding sections of this act shall be >inoperative in said State: > > "Provided, That no person excluded from the privilege of >holding office by said proposed amendment to the Constitution of >the United States shall be eligible to election as a member of >the convention to frame a constitution for any of said rebel >States, nor shall any such person vote for members of such >convention." > >Sec. 6."That until the people of said rebel states shall be by >law admitted to representation in the Congress of the United >States, any civil governments which may exist therein shall be >deemed provisional only, and in all respects subject to the >paramount authority of the United States at any time to abolish, >modify, control, or supersede the same; and in all elections to >any office under such provisional governments all persons shall >be entitled to vote, and none others, who are entitled to vote >under the provisions of the fifth section of this act; and no >person shall be eligible to any office under any such provisional >governments who would be disqualified from holding office under >the provisions of the third article of said constitutional >amendment." > > >Reconstruction Act of March 23, 1867 > >SUPPLEMENTARY RECONSTRUCTION ACT OF FORTIETH CONGRESS. > >>From Twenty Years of Congress: From Lincoln to Garfield. > >With a review of the events which led to the political revolution >of 1860, by James G. Blaine. Vol. II, pp. 682-685. > >An Act supplementary to an act entitled > > An act to provide for the more efficient government of the >rebel states, passed March second, eighteen hundred and >sixty-seven, and to facilitate restoration. > > > "Be it enacted, That before the first day of September, >eighteen hundred and sixty-seven, the commanding general in each >district defined by an act entitled." > > "An Act to provide for the more efficient government of the >rebel States, passed March second, eighteen hundred and >sixty-seven, shall cause a registration to be made of the male >citizens of the United States, twenty-one years of age and >upwards, resident in each county or parish in the State or States >included in his district, which registration shall include only >those persons who are qualified to vote for delegates by the act >aforesaid, and who shall have taken and subscribed the following >oath or affirmation: "I, _____, do solemnly swear, (or affirm,) >in the presence of Almighty God, that I am a citizen of the State >of _____; that I have resided in said State for _____ months next >preceding this day, and now reside in the county of _____, or the >parish of _____, in said State, (as the case may be;) that I am >twenty-one years old; that I have not been disfranchised for >participation in any rebellion or civil war against the United >States, nor for felony committed against the laws of any State or >of the United States; that I have never been a member of any >State legislature, nor held any executive or judicial office in >any State and afterwards engaged in insurrection or rebellion >against the United States, or given aid or comfort to the enemies >thereof; that I have never taken an oath as a member of Congress >of the United States, or as an officer of the United States, or >as a member of any State legislature, or as an executive or >judicial officer of any State, to support the Constitution of the >United States, and afterwards engaged in insurrection or >rebellion against the United States or given aid or comfort to >the enemies thereof; that I will faithfully support the >Constitution and obey the laws of the United States, and will, to >the best of my ability, encourage others so to do, so help me >God;" which oath or affirmation may be administered by any >registering officer." > >Sec. 2. "That after the completion of the registration hereby >provided for in any State, at such time and places therein as the >commanding general shall appoint and direct, of which at least >thirty days' public notice shall be given, an election shall be >held of delegates to a convention for the purpose of establishing >a constitution and civil government for such state loyal to the >Union, said convention in each State, except Virginia, to consist >of the same number of members as the most numerous branch of the >State legislature of such State in the year eighteen hundred and >sixty, to be apportioned among the several districts, counties, >or parishes of such State by the commanding general, giving to >each representation in the ratio of voters registered as >aforesaid, as nearly as may be. The convention in Virginia shall >consist of the same number of members as represented the >territory now constituting Virginia in the most numerous branch >of the legislature of said State in the year eighteen hundred and >sixty, to be apportioned as aforesaid." > >Sec. 3. "That at said election the registered voters of each >State shall vote for or against a convention to form a >constitution therefor under this act. Those voting in favor of >such a convention shall have written or printed on the ballots by >which they vote for delegates, as aforesaid, the words "For a >convention," and those voting against such a convention shall >have written or printed on such ballots the words "Against a >convention." The person appointed to superintend said election, >and to make return of the votes given thereat, as herein >provided, shall count and make return of the votes given for and >against a convention; and the commanding general to whom the same >shall have been returned shall ascertain and declare the total >vote in each State for and against a convention. If a majority of >the votes given on that question shall be for a convention, then >such convention shall be held as hereinafter provided; but if a >majority of said votes shall be against a convention, then no >such convention shall be held under this act: > > "Provided, That such convention shall not be held unless a >majority of all such registered voters shall have voted on the >question of holding such convention." > >Sec. 4. "That the commanding general of each district shall >appoint as many boards of registration as may be necessary, >consisting of three loyal officers or persons, to make and >complete the registration, superintend the election, and make >return to him of the votes, lists of voters, and of the persons >elected as delegates by a plurality of the votes cast at said >election; and upon receiving said returns he shall open the same, >ascertain the persons elected as delegates according to the >returns of the officers who conducted said election, and make >proclamation thereof; and if a majority of the votes given >on that question shall be for a convention, the commanding >general, within sixty days from the date of election, shall >notify the delegates to assemble in convention, at a time and >place to be mentioned in the notification, and said convention, >when organized, shall proceed to frame a constitution and civil >government according to the provisions of this act and the act to >which is it supplementary; and when the same shall have been so >framed, said constitution shall be submitted by the convention >for ratification to the persons registered under the provisions >of this act at an election to be conducted by the officers or >persons appointed or to be appointed by the commanding general, >as hereinbefore provided, and to be held after the expiration of >thirty days from the date of notice thereof, to be given by said >convention; and the returns thereof shall be made to the >commanding general of the district." > >Sec. 5. "That if, according to said returns, the constitution >shall be ratified by a majority of the votes of the registered >electors qualified as herein specified, cast at said election, >(at least one half of all the registered voters voting upon the >question of such ratification,) the president of the convention >shall transmit a copy of the same, duly certified, to the >President of the United States, who shall forthwith transmit the >same to Congress, if then in session, and if not in session, >then immediately upon its next assembling; and if it shall, >moreover, appear to Congress that the election was one at which >all the registered and qualified electors in the State had an >opportunity to vote freely and without restraint, fear, or the >influence of fraud, and if the Congress shall be satisfied that >such constitution meets the approval of a majority of all the >qualified electors in the State, and if the said constitution >shall be declared by Congress to be in conformity with the >provisions of the act to which this is supplementary, and the >other provisions of said act shall have been complied with, and >the said constitution shall be approved by Congress, the State >shall be declared entitled to representation, and Senators and >Representatives shall be admitted therefrom as therein provided." > >Sec. 6. "That all elections in the States mentioned in the said >"Act to provide for the more efficient government of the rebel >States," shall, during the operation of said act, be by ballot; >and all officers making the said registration of voters and >conducting said elections shall, before entering upon the >discharge of their duties, take and subscribe the oath prescribed >by the oath 1862 act approved July second, eighteen hundred and >sixty-two, entitled "An act to prescribe an oath of office:" > > "Provided, That if any person shall knowingly and falsely >take and subscribe any oath in this act prescribed, such person >so offending and being thereof duly convicted, shall be subject >to the pains, penalties, and disabilities which by law are >provided for the punishment of the crime of wilful and corrupt >perjury." > >Sec. 7. "That all expenses incurred by the several commanding >generals, or by virtue of any orders issued, or appointments >made, by them, under or by virtue of this act, shall be paid out >of any moneys in the treasury not otherwise appropriated." > >Sec. 8. "That the convention for each State shall prescribe the >fees, salary, and compensation to be paid to all delegates and >other officers and agents herein authorized or necessary to carry >into effect the purposes of this act not herein otherwise >provided for, and shall provide for the levy and collection of >such taxes on the property in such State as may be necessary to >pay the same." > >Sec. 9. "That the word article, in the sixth section of the act >to which this is supplementary, shall be construed to mean >section." > > >Reconstruction Act of July 19, 1867 > >SUPPLEMENTARY RECONSTRUCTION ACT OF JULY 19, 1867. > >>From Twenty Years of Congress: From Lincoln to Garfield. >With a review of the events which led to the political revolution >of 1860, by James G. Blaine. Vol. II, pp. 685-687. > > "An Act supplementary to an act entitled An Act to provide >for the more efficient government of the rebel states, passed on >the second day of March, 1867, and the act supplementary >thereto, passed on the 23d day of March, 1867." > > "Be it enacted, That it is hereby declared to have been the >true intent and meaning of the act of the 2d day of March, 1867, >entitled "An act to provide for the more efficient government of >the rebel States," and of the act supplementary thereto, passed >on the 23d day of March, 1867, that the governments then existing >in the rebel States of Virginia, North Carolina, South Carolina, >Georgia, Mississippi, Alabama, Louisiana, Florida, Texas, and >Arkansas, were not legal State governments; and that thereafter >said governments, if continued, were to be continued subject in >all respects to the military commanders of the respective >districts, and to the paramount authority of Congress." > >Sec. 2."That the commander of any district named in said act >shall have power, subject to the disapproval of the General of >the army of the United States, and to have effect till >disapproved, whenever in the opinion of such commander the proper >administration of said act shall require it, to suspend or remove >from office, or from the performance of official duties and the >exercise of official powers, any officer or person holding or >exercising, or professing to hold or exercise, any civil or >military office or duty in such district under any power, >election, appointment, or authority derived from, or granted by, >or claimed under, any so-called State or the government thereof, >or any municipal or other division thereof; and upon such >suspension or removal such commander, subject to the disapproval >of the General as aforesaid, shall have power to provide from >time to time for the performance of the said duties of such >officer or person so suspended or removed, by the detail of some >competent officer or soldier of the army, or by the appointment >of some other person to perform the same, and to fill vacancies >occasioned by death, resignation, or otherwise." > >Sec. 3. "That the General of the army of the United States shall >be invested with all the powers of suspension, removal, >appointment, and detail granted in the preceding section to >district commanders." > >Sec. 4. "That the acts of the officers of the army already done >in removing in said districts persons exercising the functions of >civil officers, and appointing others in their stead, are hereby >confirmed: Provided, That any person heretofore or hereafter >appointed by any district commander to exercise the functions of >any civil office, may be removed either by the military officer >in command of the district, or by the General of the army. And it >shall be the duty of such commander to remove from office, as >aforesaid, all persons who are disloyal to the Government of the >United States, or who use their official influence in any manner >to hinder, delay, prevent, or obstruct the due and proper >administration of this act and the acts to which it is >supplementary." > >Sec. 5."That the boards of registration provided for in the act >entitled "An act supplementary to an act entitled 'An act to >provide for the more efficient government of the rebel States,' >passed March 2, 1867, and to facilitate restoration," passed >March 23, 1867, shall have power, and it shall be their duty, >before allowing the registration of any person, to ascertain, >upon such facts or information as they can obtain, whether such >person is entitled to be registered under said act, and the oath >required by said act shall not be conclusive on such question, >and no person shall be registered unless such board shall decide >that he is entitled thereto; and such board shall also have power >to examine, under oath, (to be administered by any member of such >board,) any one touching the qualification of any person claiming >registration; but in every case of refusal by the board to >register an applicant, and in every case of striking his name >from the list as hereinafter provided, the board shall make a >note or memorandum, which shall be returned with the registration >list to the commanding general of the district, setting forth the >grounds of such refusal or such striking from the list: > > "Provided, That no person shall be disqualified as member of >any board of registration by reason of race or color." > >Sec. 6. "That the true intent and meaning of the oath prescribed >in said supplementary act is, (among other things,) that no >person who has been a member of the Legislature of any State, or >who has held any executive or judicial office in any State, >whether he has taken an oath to support the Constitution of the >United States or not, and whether he was holding such office at >the commencement of the rebellion, or had held it before, and who >has afterwards engaged in insurrection or rebellion against the >United States, or given aid or comfort to the enemies thereof, is >entitled to be registered or to vote; and the words "executive or >judicial office in any State" in said oath mentioned shall be >construed to include all civil offices created by law for the >administration of any general law of a State, or for the >administration of justice." > >sec. 7. "That the time for completing the original registration >provided for in said act may, in the discretion of the commander >of any district, be extended to the 1st day of October, 1867; and >the boards of registration shall have power, and it shall be >their duty, commencing fourteen days prior to any election under >said act, and upon reasonable public notice of the time and place >thereof, to revise, for a period of five days, the registration >lists, and, upon being satisfied that any person not entitled >thereto has been registered, to strike the name of such person >from the list, and such person shall not be allowed to vote. And >such board shall also, during the same period, add to such >registry the names of all persons who at that time possess the >qualifications required by said act who have not been already >registered; and no person shall, at any time, be entitled to be >registered or to vote, by reason of any executive pardon or >amnesty, for any act or thing which, without such pardon or >amnesty, would disqualify him from registration or voting." > >Sec. 8. "That section four of said last-named act shall be >construed to authorize the commanding general named therein, >whenever he shall deem it needful, to remove any member of a >board of registration and to appoint another in his stead, and to >fill any vacancy in such board." > >Sec. 9. "That all members of said boards of registration, and all >persons hereafter elected or appointed to office in said military >districts, under any so-called State or municipal authority, or >by detail or appointment of the district commanders, shall be >required to take and to subscribe the oath of office prescribed >by law for officers of the United States. I am not sure that >this is the oath intended here." > >Sec. 10. "That no district commander or member of the board of >registration, or any of the officers or appointees acting under >them, shall be bound in his action by any opinion of any civil >officer of the United States." > >Sec. 11. "That all the provisions of this act and of the acts to >which this is supplementary shall be construed liberally, to the >end that all the intents thereof may be fully and perfectly >carried out." > > >Reconstruction Act of March 11, 1868 > >AMENDATORY RECONSTRUCTION ACT OF MARCH 11, 1868 > >>From Twenty Years of Congress: From Lincoln to Garfield. > >With a review of the events which led to the political revolution >of 1860, by James G. Blaine. Vol. II, p. 687. > > "An Act to amend the act passed March 23, 1867, entitled An >Act supplementary to 'An act to provide for the more efficient >government of the rebel states,' passed March 2, 1867, and to >facilitate their restoration." > > "Be it enacted, That hereafter any election authorized by >the act passed March 23, 1867, entitled "An Act supplementary to >'An act to provide for the more efficient government of the rebel >states,' passed March 2, 1867, and to facilitate their >restoration," shall be decided by a majority of the votes >actually cast; and at the election in which the question of the >adoption or rejection of any constitution is submitted, any >person duly registered in the State may vote in the election >district where he offers to vote when he has resided therein for >ten days next preceding such election, upon presentation of his >certificate of registration, his affidavit, or other satisfactory >evidence, under such regulations as the district commanders may >prescribe." > >Sec. 2. "That the constitutional convention of any of the States >mentioned in the acts to which this is amendatory may provide >that at the time of voting upon the ratification of the >constitution, the registered voters may vote also for members of >the House of Representatives of the United States, and for all >elective officers provided for by the said constitution; and the >same election officers, who shall make the returns of the votes >cast on the ratification or rejection of the constitution, shall >enumerate and certify the votes cast for members of Congress." > >ONCE THE JUDICIARY DECIDED TO LOOK THE OTHER WAY, THE DE JURE >CONSTITUTION'S DAYS WERE NUMBERED. > > "As a result of these decisions, enforcement of the >Reconstruction Act against the Southern States, helpless to >resist military rule without aid of the judiciary, went forward >unhampered. Puppet governments were founded in these various >States under military auspices. Through these means the adoption >of new state constitutions, conforming to the requirements of >Congress, was accomplished. Likewise, one by one, these puppet >state governments ratified the Fourteenth Amendment, which their >more independent predecessors had rejected. Finally, in July >1868, the ratifications of this amendment by the puppet >governments of seven of the ten Southern States, including >Louisiana, gave more than the required ratification by three- >fourths of the States, and resulted in a Joint Resolution adopted >by Congress and a Proclamation by the Secretary of State, both >declaring the Amendment ratified and in force." Tulane Law >Review, The Dubious Origin Of The Fourteenth Amendment. page 36 > > "How remote was this Hamiltonian concept from the events of >1867 and 1888, when a "rump" Congress arrogated to itself the >power to force ratification of a rejected amendment, coercing >ratifications by several of the rejecting States." Tulane Law >Review, The Dubious Origin Of The Fourteenth Amendment. page 26 > > "The Act dealt with these Southern States, referred to as >"rebel States" in its various provisions. It opened with a >recital that "no legal State government" existed in these States. >It placed these States under military rule. Louisiana and Texas >were grouped together as the Fifth Military District, and placed >under the domination of an army officer appointed by the >President. All civilian authorities were placed under the >dominant authority of the military government." Tulane Law >Review, The Dubious Origin Of The Fourteenth Amendment.page 31 > > "The most extreme and amazing feature of the Act was the >requirement that each excluded State must ratify the Fourteenth >Amendment, in order to again enjoy the status and rights of a >State, including representation in Congress. Section 3 of the >Act sets fourth this compulsive coercion thus imposed upon the >Southern States." Tulane Law >Review, The Dubious Origin Of The Fourteenth Amendment.page 32 > > "Senator Doolittle of Wisconsin, a Northerner and a >Conservative Republican. During the floor debate on the bill, he >said: > "My friend has said what has been said all around me, what >is said every day: the people of the South have rejected the >constitutional amendment, and therefore we will march upon them >and force them to adopt it at the point of the bayonet, and >establish military power over them until they do adopt it." >Tulane Law Review, The Dubious Origin Of The Fourteenth >Amendment.page 32 > > "Whatever justification for other portions of the >Reconstruction Act may or may not be found in this constitutional >provision, there could clearly be no sort of a relationship >between a guarantee to a State of "a republican form of >government" and an abrogation of the basic and constitutional >right of a State, in its legislative discretion, to make its own >choice between ratification or rejection of a constitutional >amendment proposal submitted to the state legislatures by the >Congress of the United States. To deny to a State the exercise >of this free choice between ratification and rejection, and to >put the harshest sort of coercive pressure upon a State to compel >ratification, was clearly a gross infraction--not and >effectuation--of the constitutional guarantee of "a republican >form of government." Tulane Law Review, The Dubious Origin Of The >Fourteenth Amendment.page 37 > > Madison said in Federalist No. 43: >"....the authority extends no further than to a guaranty of a >republican form government, which supposes a preexisting >government of the form which is to be guaranteed. As long, >therefore, as the existing republican forms are continued by the >States, they are guaranteed by the federal Constitution. >Whenever the States may choose to substitute other republican >forms, they have a right to do so, and to claim the federal >guaranty for the latter. The only restriction imposed on them is >, that they shall not exchange republican for anti-republican >Constitutions; a restriction which, it is presumed, will hardly >be considered as a grievance." Tulane Law Review, The Dubious >Origin Of The Fourteenth Amendment. page 38 > > "Despite the fact that the southern States had been >functioning peacefully for two years and had been counted to >secure ratification of the Thirteenth Amendment , Congress >passed the Reconstruction Act, which provided for the military >occupation of 10 of the 11 southern States. It excluded Tennessee >from military occupation and one must suspect it was because >Tennessee had ratified the Fourteenth Amendment on July 7, 1866. > The Act further disfranchised practically all white voters >and provided that no Senator or Congressman from the occupied >States could be seated in Congress until a new Constitution >was adopted by each State which would be approved by Congress. >The Act further provided that each of the 10 States was required >to ratify the proposed Fourteenth Amendment and the Fourteenth >Amendment must become a part of the Constitution of the United >States before the military occupancy would cease and the States >be allowed to have seats in Congress." Dyett v. Turner 439 p2d >266 @ 269, 20 U2d 403 > > Observing how 'a renegade group of men from the Northern >States', MY NOTE in quotes, actual text in brackets (Congress) >had taken the Constitution into its own hands and was proceeding >in willful disregard of the Constitution, on the 15th of January, >1868- Ohio, and then on March 24, 1868- New Jersey, voted to >withdraw their prior ratifications and to reject. > > The following, is an excerpt from Joint Resolution No.1 of >the State of New Jersey of March 24, 1868, when they rescinded >their prior ratification and rejected: > "It being necessary, by the Constitution, that every >amendment to the same, should be proposed by two thirds of both >Houses of Congress, the authors of said proposition, for the >purpose of securing the assent of the requisite majority, >determined to, and did, exclude from the said two Houses eighty >representatives form eleven States of the Union, upon the >pretence that there were no such States in the Union; but, >finding that two-thirds of the remainder of said Houses could not >be brought to assent to the said proposition, they deliberately >formed and carried out the design of mutilating the integrity of >the United States Senate, and without any pretext or >justification, other than the possession of power, without the >right and in palpable violation of the Constitution, ejected a >member of their own body, representing this State, and thus >practically denied to New Jersey its equal suffrage in the Senate >and thereby nominally secured the vote of two-thirds of the said >Houses." > "The object of dismembering the highest representative >assembly in the Nation, and humiliating a State of the Union, >faithful at all times to all of its obligations, and the object >of said amendment were one- to place new and unheard of powers in >the hands of a faction, that it might absorb to itself all >executive, judicial and legislative power, necessary to secure to >itself immunity for the unconstitutional acts it had already >committed, and those it has since inflicted on a too patient >people." > "The subsequent usurpation of these once national >assemblies, in passing pretended laws for the establishment, in >ten States, of martial law, which is nothing but the will of the >military commander, and therefore inconsistent with the very >nature of all law, for the purpose reducing to slavery men of >their own race to those States, or compelling them, contrary to >their own convictions, to exercise the elective franchise in >obedience to dictation of a fraction in those assemblies; the >attempt to commit to one man arbitrary and uncontrolled power, >which they have found necessary to exercise to force the people >of those States into compliance with their will; the authority >given to the Secretary of War to use the name of the President, >to countermand its President's order, and to certify military >orders to be by the direction of the President' when they are >notoriously known to be contrary to the President's direction, >thus keeping up the forms of the Constitution to which the people >are accustomed, but practically deposing the President from his >office of Commander-in-Chief, and suppressing one of the great >departments of the Government, that of the executive; the attempt >to withdraw from the supreme judicial tribunal of the Nation the >jurisdiction to examine and decide upon the conformity of their >pretended laws to the Constitution, which was the Chief function >of that August tribunal, as organized by the fathers of the >republic: all are but amplified explanations of the power they >hope to acquire by the adoption of the said amendment." > "To conceal from the people the immense alteration of the >fundamental law they intended to accomplish by the said >amendment, they gilded the same with propositions of justice..." > "It imposes new prohibitions upon the power of the State to >pass laws, and interdicts the execution of such part of the >common law as the national judiciary may esteem inconsistent with >the vague provisions of the said amendment; made vague for the >purpose of facilitating encroachment upon the lives, liberties >and property of the people." > "It enlarges the judicial power of the United States so as >to bring every law passed by the State, and every principle of >the common law relating to life, liberty, or property, within the >jurisdiction of the Federal tribunals, and charges those >tribunals with duties, to the due performance of which they, from >their nature and organization, and their distance from the >people, are unequal." > "It makes a new apportionment of representatives in the >National courts, for no other reason than thereby to secure to a >faction a sufficient number of votes of a servile and ignorant >race to outweigh the intelligent voices of their own." > "This Legislature, feeling conscious of the support of the >largest majority of the people that has ever been given >expression to the public will, declare that the said proposed >amendment being designed to confer, or to compel the States to >confer, the sovereign right of elective franchise upon a race >which has never given the slightest evidence, at any time, or in >any quarter of the globe, of its capacity of self-government, and >erect an impracticable standard of suffrage, which will render >the right valueless to any portion of the people was intended to >overthrow the system of self-government under which the people of >the United States have for eighty years enjoyed their liberties, >and is unfit, from its origin, its object and its matter, to be >incorporated with the fundamental law of a free people." >(The 14th Amendment to the Constitution of the United States and >the threat that it poses to our democratic government, Pinckney >G. McElwee, South Carolina Law Quarterly 1959) > > "But there is another description of government, called also >by publicists a government de facto, but which might, perhaps, be >more aptly denominated a government of paramount force. Its >distinguishing characteristics are (1) that its existence is >maintained by active military power within the territories, and >against the rightful authority of an established and lawful >government; and (2) that while it exists it must necessarily be >[229 U.S. 416, 429] obeyed in civil matters by private citizens >who, by acts of obedience rendered in submission to such force, >do not become responsible, as wrongdoers, for those acts, though >not warranted by the laws of the rightful government. Actual >governments of this sort are established over districts differing >greatly in extent and conditions. They are usually administered >directly by military authority, but they may be administered, >also, by civil authority, supported more or less directly by >military force." Thornington v. Smith, 8 Wall. 1, 9, 19 L. ed. >361, 363. Macleod v. U.S, 229 U.S. 416 1913 > > "While it is held to be the right of a conqueror to levy >contributions upon the enemy in their seaports, towns, or >provinces which may be in his military possession by conquest, >and to apply the proceeds to defray the expenses of the war, this >right is to be exercised within such limitations that it may not >savor of confiscation. As the result of military occupation, the >taxes and duties payable by the inhabitants to the former >government become payable to the military occupant, unless he >sees fit to substitute for them other rates or modes of >contributions to the expenses of the government. The moneys so >collected are to be used for the purpose of paying the expenses >of government under the military occupation, such as the salaries >of the judges and the police, and for the payment of the expenses >of the army." Macleod v. U.S, 229 U.S. 416 1913 > > "In New Orleans v. New York Mail S. S. Co. 20 Wall. 387, >393, 22 L. ed. 354, it was said, with respect to the powers of >the military government over the city of New Orleans after its >conquest, that it had 'the same power and rights in territory >held by conquest as if the territory had belonged to a foreign >country and had been subjugated in a foreign war. In such cases >the conquering power has the right to displace the pre-existing >authority, and to assume to such extent as it may deem proper the >exercise by itself of all the powers and functions of government. >It may appoint all the necessary officers and clothe them with >designated powers, larger or smaller, according to its pleasure. >It may prescribe the revenues to be paid, and apply them to its >own use or otherwise. It may do anything necessary to strengthen >itself and weaken the enemy. There is no limit to the powers that >may be exerted in such cases, save those which are found in the >laws and usages of war." Dooley v. U.S., 182 U.S. 222 1901 > > "The decisions wherein grounds were found for avoiding a >ruling on the constitutionality of the Reconstruction Act leave >the impression that our highest tribunal failed in these cases to >measure up to the standard of the judiciary in a constitutional >democracy. If the Reconstruction Act was unconstitutional, the >people oppressed by it were entitled to protection by the >judiciary against such unconstitutional oppression." Tulane Law >Review, The Dubious Origin Of The Fourteenth Amendment. page 34 > > "The adversary or the skeptic might assert that, after a >lapse of more than eighty years, it is too late to question the >constitutionality or validity of the coerced ratifications of the >Fourteenth Amendment even on substantial and serious grounds. >The ready answer is that there is no statute of limitations that >will cure a gross violation of the amendment procedure laid down >by Article V of the Constitution." Tulane Law Review, The Dubious >Origin Of The Fourteenth Amendment. page 43 > >The North Carolina Legislature protested [by "Resolution" of >December 6, 1866] as follows: > > "The Federal Constitution declare, in substance, that >Congress shall consist of a House of Representatives, composed of >members apportioned among the respective States in the ratio of >their population, and of a Senate, composed of two members from >each State. And IN THE ARTICLE WHICH CONCERNS AMENDMENTS, IT IS >EXPRESSLY PROVIDED THAT `NO STATE, WITHOUT ITS CONSENT, SHALL BE >DEPRIVED OF ITS EQUAL SUFFRAGE IN THE SENATE.' THE CONTEMPLATED >AMENDMENT WAS NOT PROPOSED TO THE STATES BY A CONGRESS THUS >CONSTITUTED. At the time of its adoption, the eleven seceding >States were deprived of representation both in the Senate and >House, although they all, except the State of Texas, had Senators >and Representatives duly elected and claiming their privileges >under the Constitution. In consequence of this, these States had >no voice on the important question of proposing the Amendment. >HAD THEY BEEN ALLOWED TO GIVE THEIR VOTES, THE PROPOSITION WOULD >DOUBTLESS HAVE FAILED TO COMMAND THE REQUIRED TWO-THIRDS >MAJORITY...." > > "If the votes of these States are necessary to a valid >ratification of the Amendment, they were equally necessary on the >question of proposing it to the States; for it would be >difficult, in the opinion of the Committee, to show by what >process in logic, men of intelligence would arrive at a different >conclusion." North Carolina Senate Journal, 1866-67, pp. 92 and >93. > > "However, after you learn this information, if you do not >already know it, you will come to the conclusion the Informer and >I have come to. No reoccurring remedy will be obtained in the >courts, just brief aberrations of justice based on the demeanor >or impatients of the judge, or his/her lack of self-confidence >based on the judges lack of knowledge concerning public policy. >Once the judges know their decisions will not be overturned, or >their careers damaged, defeat of patriot arguments will be swift, >and the penalty for frivolous law suits will be just as swift and >increase with intolerance of the Judiciary. I don't mean to >sound like a stick in the mud, but it is true. Only through the >education of the public, coinciding with the coming financial >pain, will change the publics perception of their freedom. >Unfortunately I fear it will be to late to make any changes, >until Rome self-destructs. > >FOR THE REST OF THE DOCUMENTATION ON THE ABOVE SUBJECT MATTER, >YOU WILL HAVE TO OBTAIN: >The United States Is Still A British Colony, part I, II and III >Or, you can contact the Informer, and purchase his Book called: >The New History Of America >(The above information is just part of my research, the >Informer's is not a duplicate of my work, but further facts. Its >title is self-explanatory.) > [end]
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