Showing posts with label Annexation. Show all posts
Showing posts with label Annexation. Show all posts

Sunday, February 3, 2013

ARBITRARY POWER VS. FREEDOM



ARBITRARY POWER VS. FREEDOM
May 29, 1998
   It has been said that governments are the inherent enemies of the people. Inevitably, governments seek to control. To control the people: through agencies, bureaucracies and the police power. The main political problem we face today is not how to prevent the police power from becoming arbitrary and tyrannical, since it has already happened, but how to stop the tyranny and the arbitrary use of the police power in our country.
   We must realize that arbitrary power has seldom been introduced into any country all at once. It must be introduced by slow degrees, step by step, or the people would see it approaching. The barriers and fences of the people's liberty must be plucked one-by-one, and some plausible pretenses must be found for removing or deceiving, one after another, those sentries who are posted by the constitution of a free country for warning the people of their danger. When those preparatory steps are once made, the people will then see slavery and arbitrary power making long strides over their land; but it will be too late to think of preventing or avoiding the impending ruin. It is already upon us. But it is never too late to begin the fight to restore our freedom and abolish the slavery of arbitrary power.
   Through a constitution, the People delegate certain authorities and responsibilities to the government. No one can delegate authority they do not have. Therefore, it is indisputable truth that ALL POLITICAL POWER IS INHERENT IN THE PEOPLE. Today, when a concerted effort is made to obliterate this point, it cannot be repeated too often that the Constitution is a limitation on the government, not on private individuals - that it does not prescribe the conduct of private individuals, only the conduct of the government - that it is not a charter for government power, but a charter of the Citizen's protection against the government.
   Today there seem to be no constitutional restraints on government. In fact, people in the Federal Government have been violating the limitations of the constitution almost since the beginning. Some major changes took place in the operation of the government during and after the Civil War and again in 1933, when the American People were classified as enemies of the government and the licensing and regulation really began. The government is no longer the servant of the people and the watchdog of their rights, but has become a collection of agencies and bureaucracies exercising arbitrary power over every area of our lives.
   A famous man once said: "Power and the law are not synonymous. In truth they are frequently in opposition and irreconcilable. There is God's Law from which all equitable laws of man emerge and by which men must live if they are not to die in oppression, chaos, and despair. Divorced from God's eternal and immutable Law, established before the founding of the suns, man's power is evil no matter the noble words with which it is employed or the motives urged when enforcing it. Men of good will, mindful therefore of the Law laid down by God, will oppose governments whose rule is by men, and, if they wish to survive as a nation they will destroy that government which attempts to adjudicate by the whim or power of venal judges."
   People in the government of the United States have operated just as governments have operated throughout history. Their goal always seems to be to gain more Power and Control over the People, and more Territory. This lust for power caused these men to perpetrate a great fraud upon the People of Texas.
   It began in the early 1800's. The People of Texas rebelled against the unconstitutional and tyrannical acts of the Mexican government. They tried for years to assert their lawful rights within the framework of that government. For this they were imprisoned and killed. Finally, they saw that they had no choice but to assert their rights by force. Many brave men died in that battle against tyranny, but Texas won her independence from Mexico.
   In 1835, the People of Texas formed a Provisional Government as the first step in the fight for independence and freedom. Then, in 1836 a constitution was written forming a permanent, "republican form of government." That government was instituted by the Constitution for the Republic of Texas and by the People of Texas.
   Winning the battle for independence, though, was just the beginning of the struggle of the new nation. The new government was heavily in debt from the war with Mexico, and this debt, along with the lack of money to pay it and very little money to operate on was a tremendous struggle for our early leaders.
   It's no wonder that promises from the United States fell on receptive ears, and the move was on to take Texas into the union as a State of the United States. For nine (9) long years men in the congress of the United States tried to bring Texas into the union according to their constitution, but failed. John Quincy Adams led the battle to not allow the statehood of Texas, because he understood that congress did not have the delegated authority to bring another nation into that union.
   In 1844 a Treaty of Annexation was proposed to the Senate, and failed by a vote of 35 to 16. Finally, in 1845, the so-called annexation of Texas was done by an unlawful (unconstitutional) act of the congress of the United States. Since they could not lawfully bring Texas into the union, they passed a "joint resolution" approving the Annexation, which supposedly made Texas a State of the United States. One of the provisions of this arrangement was that the People of Texas could withdraw from this agreement at any time.
   After many broken promises and many other problems between Texas and the United States government, the People in Texas, by popular vote, exercised their option to withdraw from the annexation agreement. On February 23rd, 1861 the vote was taken and seventy five (75) percent of the people of Texas voted to withdraw from their association with the United States. The vote was 45,738 for withdrawal, and 15,072 against withdrawal.
   I am convinced that the People of Texas, at that time, did not understand their true relationship with the United States, that they were not truly a State, but merely acting like a State because of an unlawful agreement. It is clear in the constitutions of Texas, and in the first laws made in Texas, that Texas totally retained the sovereignty of her soil, and no soil was ceded to the United States. The words "secede" and "secession" have been used regarding the actions of the People of Texas in 1861. Even in the Archives of the Texas State Library, the recorded vote was entitled "Voting Record of Texas counties for and against Secession." I suppose that in light of the fact that there were States of the Union that were seceding in that same time period, that the People of Texas looked at their action as the same thing. But you first have to "cede the soil" to be able to "secede." So when the vote was taken to withdraw from the arrangement, it was truly a withdrawal, not a "secession," and Texas was, as a matter of fact and law, a sovereign nation, The Republic of Texas.
   In 1865, Texas became a captured Nation of War, after the Civil War. The U.S. Military forces came in and governed the Nation of Texas. It was called "Re-construction." On March 30, 1870, by special act of the U.S. congress, they "allowed" Texas to be represented in Congress. If Texas were truly a State of the Union, why would a special act, allowing their representatives, be necessary?
   Many scoff at the idea that Texas was illegally and unlawfully annexed as a State of the United States. Even if that argument were not true, the fact remains that Texas withdrew from that arrangement in 1861. There has never been a record produced showing that the People of Texas, exercising their inherent political authority, ever voted since that time to join the United States. On the contrary, the People of Texas were duped by fraud and deception into believing that Texas was a State rather than a sovereign nation.
   Our problem is now twofold. As I said in the beginning, the Federal Government is totally outside the limits of its delegated authority, and THEY DON'T BELONG IN TEXAS ANYWAY!!
   The undeniable issue is Freedom. What is Freedom? To some, freedom means the opportunity to do what they want to do; to many it means not to do what they do not want to do. Do we not really have freedom today? In our society, we can do almost anything we want to do .... as long as we have the government's permission. You get a license to have your own business; you get a license to travel from one place to another; you get a license just to work in many industries; you get a license to get married; you get a license to catch a fish!! You must even REGISTER to vote, which amounts to a license to vote! Is this freedom?
   Here is how license is defined in Bouvier's Law Dictionary in the mid 1800's:
   LICENSE, contracts. A right given by some competent authority to do an act, which without such authority would be illegal. The instrument or writing which secures this right, is also called a license.
   How did the things we have a natural, God given right to do come to require a license? Remember when I mentioned 1933? In March of 1933, the Trading with the Enemy Act of 1917 was amended to include the American People, thus making them the enemies of the government. Now let's look at another interesting definition from Bouvier's dictionary:
   LICENSE, International law. An authority given by one of two belligerent parties, to the citizens or subjects of the other, to carry on a specified trade. 2. The effects of the license are to suspend or relax the rules of war to the extent of the authority given. It is the assumption of a state of peace to the extent of the license...
   To be an enemy, you must have an enemy. Does that mean that the United States Government declared themselves to be the enemy of the people when they declared the people to be their enemy? OF COURSE IT DOES! How can we possibly expect to have freedom while being regulated and licensed to death by an ENEMY?
   This brings us back to my statement about what freedom is. Either to do what you want to do, or be free not to do what you do not want to do. What I want to do is live my life without the Government's permission. This does not mean that I am ANTI- GOVERNMENT, it means that I am against UNLAWFUL, OPPRESSIVE, TYRANNICAL GOVERNMENT.
   This is why we want to restore the Sovereignty of Texas as a nation. To rid ourselves of our DECLARED ENEMY, who is here by DECEPTION, DECEIT, FRAUD, MILITARY FORCE and ARBITRARY POLICE POWER. We want to restore our country to the simplicity of the Common Law, where no man has a natural right to commit aggression on the rights of another, and this is all from which the laws ought to restrain him. What is ominous is the ease with which some people go from saying that they don't like something to saying that the government should forbid it. When you go down that road, don't expect freedom to survive very long.
   There is no way to rule innocent men. The only power government has is the power to crack down on criminals. When there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for anyone to live without breaking laws.
   Common Law - Self Responsibility - Freedom. These are inseparable. Many people voice concerns and fears at not having man made laws. "I don't want someone driving a hundred miles and hour and killing me!" "I think everyone should have to have their car inspected, so that no one will be driving an unsafe car that might hurt me." What they are really saying is, "I am responsible but you might not be." Folks, if I want Freedom and Self Responsibility, I MUST LET YOU HAVE IT. If you want Freedom and Self Responsibility, YOU MUST LET ME HAVE IT. There must be freedom for ALL if there is to be freedom for ANYONE!
   The simple fact is that there ARE irresponsible people in our society. There ARE people who are going to hurt other people. There ARE people who are going to break the law, no matter what it is. Another simple fact is that laws do not prevent crime! Laws only define crime. The only thing that prevents crime is either the moral judgment of the self-responsible individual or the fear of JUSTICE and PUNISHMENT for crime.
   We must restore justice in Texas! How do we go about that? Some say: "Why don't we fix the system we have?." Well folks, I don't believe that we can restore justice by trying to reform our DECLARED ENEMY, which is the current de facto government of the STATE OF TEXAS - merely a sub-corporation and puppet of the foreign UNITED STATES Government. They do not want justice, they want POWER AND CONTROL. We must restore the Sovereignty of our beloved Texas as a nation and return to the Common Law. We must establish the People's Courts of Common Law. The only way we are going to restore justice is through the people. Liberty and justice has never come from government. Liberty and justice has always come from the PEOPLE!
   We must educate the people of Texas, so that they will know that they have lost freedom, liberty and justice and so that they will understand what these things really mean. Thomas Jefferson said, "If a nation expects to be ignorant and free, in a state of civilization, it expects what never was and never will be." We must spread the word, that we don't really own our property, that the oppressive government agencies are operating without the delegated authority of the people, that almost ALL government officials are violating their oaths of office, wherein they swore to protect the rights of the people and uphold the constitution. That some so-called government agencies are not really government agencies at all, the IRS and BATF being prime examples. They are nothing more than foreign entities oppressing, extorting money from, and exercising arbitrary police power over all of us with absolutely no lawful authority to do so.
   We must spread the word that all these actions are being condoned and assisted by the very people in Texas we elected to protect us from our enemies. The people in the government of the STATE OF TEXAS are violating their oaths and evading their responsibilities to the People of Texas by allowing the fraud to be continued: that we are a part of another country and by allowing a foreign government and foreign entities to oppress us, control us, and confiscate the fruit of our labor by theft.
   We must, through the POLITICAL POWER of the PEOPLE, and through a Constitutional Convention, Alter or Abolish the current DECLARED ENEMY GOVERNMENT, as is our inherent political right, and form a government operating within the bounds of the contract with the people, responsive to the needs of the people, and above all a government that recognizes its true and only purpose, TO PROTECT THE RIGHTS OF EVERY INDIVIDUAL; from ALL enemies, both foreign and domestic, above all else.
   Most of us feel the we must have a nation led by a government that conforms to the Laws of God. That immutable law mentioned earlier. There has been much talk about this, but it seems that different people attach different meanings to this. There have been those in our midst who would be the sole interpreter of God's Laws for everyone and impose their version upon all the people, which amounts to a National Religion. This must not and cannot be allowed. The only way to have a government truly led by our Creator, is to fill it with men of integrity, who serve Almighty God from their heart, and put the well being of the People ahead of their own personal wishes and desires. Men who will be fair and just in all their dealings. Men who tell the truth. It is within the power and the responsibility of the People to establish such a government, to define it, and to be ever vigilant to maintain their government under a watchful eye.
   I've been saying what we want and what we must do. But, who are the WE that I am talking about? Who are the People of the Republic of Texas? We are people from all walks of life. There are no racial, religious or philosophical boundaries. We are simply People who understand the extent to which our freedoms and liberties have been eroded over the past 150 years. We are people who are aware of the social and economic problems that exist and want to find a better way to solve these problems than with taxation and intrusive government. We believe in the principles of Freedom, Self-Responsibility, Common Law and Justice. We believe that we should have the freedom to travel, work, live and play without the government licensing and regulating our behavior. We believe that we should and can accomplish these things in our own Sovereign Nation, free from the Oppressive, Arbitrary Police Power of the de facto governments currently attempting to rule over us.
   The time to act is now! Because the time is short. We must have as many join us in our fight for freedom as we can get. Every one of us has a responsibility and a duty to ourselves and each other to promote the Republic of Texas and our fight for FREEDOM on a daily basis. Talk to your friends. Talk to those you meet from day to day. Bring them to meetings. WE MUST INCREASE OUR NUMBERS IN ORDER TO EXERCISE OUR POLITICAL POWER! When you wake up in the morning, ask yourself "What can I do today to help the Republic succeed?"  Since we believe in FREEDOM, LIBERTY and JUSTICE for ALL, it's our job to SPREAD THE NEWS!! God bless each and every one of you, and God Bless The Republic of Texas!!
 

   Jesse Enloe
   President Provisional Government
   Republic of Texas


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Resolutions, Treaties & Law



Resolutions, Treaties & Law
August 26, 1998
In June of 1844, the United States Senate considered a Treaty which had been submitted for their approval. The Treaty was the Treaty of Annexation, designed to bring another nation, The Republic of Texas, into the union of American States as one of the united States of America. The Treaty of Annexation was defeated in the Senate by a vote of 35 to 16.
This should have ended the matter, or they should have resubmitted the Treaty of Annexation at a later date, when they could get it passed. This never occurred.
Rather, the House of Representatives introduced a "Resolution of Annexation" in 1845, along with a document called "Articles of Annexation." After this resolution passed, the United States declared that Texas was now one of the states of the United States. Interesting conclusion, but let's take a look at the word "resolution."
The word "resolution," when it is regarding a resolution passed by an assembly or legislature, simply means they have agreed on their intent on some matter. A resolution is not a law. Of course, Black's Law Dictionary, sixth edition, says that a Joint Resolution when signed by the President has the effect of law. Why would this be stated when any other definition you look at says it is a statement of intent? In fact, further down in Black's it says outright that a resolution is not a law.
We must remember that Black's, as well as other dictionaries, defines words according to current usage. In other words, Congress passes a Joint Resolution, has the President sign it, and tells everybody it is law. Then Black's includes this in its definition!! Does this make it law? No, it does not.
A law must come from an act passed by congress with specific language. It must have an Enactment Clause, such as "It is hereby enacted" and it must have an enabling clause. A resolution has neither of these.
It is very simple. A resolution is not a law and it applies only to the body that passes it.
Now lets look at the word treaty. What is a treaty? Simply stated, it is an agreement, a contract between two parties, usually independent countries. It takes the approval of both parties to become a valid contract or treaty. Where is the process for Texas to sign off on a Resolution of the U.S. Congress? They may have the will to agree with it, as was apparently the case with the People of Texas in 1845, but how would that agreement be expressed? Since they were a separate nation, it would be absolutely necessary for a treaty to be consummated for the agreement to be a lawful contract between the two parties, Texas and the United States.
Let me give an example or two. Has anyone ever seen the "Resolution of Peace" with the Cherokee Indians or any other tribe of Indians? How about the "Resolution of Amity" between the United States and Spain in 1819. NO! There were "Treaties of Peace" signed with the Indians and a "Treaty of Amity" signed with Spain in 1819. Why did they use a treaty rather than a resolution in these instances?
Remember to have a valid agreement in the form of a document, it must be signed by both parties. The statement of the Congress of the United States of their intent to have Texas as a State is not sufficient to complete an agreement between both parties. It is simply the statement of one of the parties as to their desire or intent.
If everybody had to abide by the intent or desires of everyone else without agreement, what a crazy world we would have! If this would work the U.S. could just pass a "Resolution for Non Proliferation of Nuclear Weapons" and, by golly, the WHOLE WORLD would have to abide by it. No more messing with those pesky treaties where they have to agree to it and NO MORE NUCLEAR WEAPONS! Of course, another nation might pass a "Resolution that all nations must have Nuclear Weapons." Now what?
In addition, according to their own founding document, the House of Representatives does not have the authority delegated to it by the People to initiate matters of foreign affairs. How then could they introduce a "Resolution of Annexation" of Texas? The answer to that is simple. They just acted outside their delegated authority. A practice that has become an everyday experience with the U.S. Government.
So the facts are very simple. There has never been a lawful process completed to make Texas one of the states of the United States.
Now lets address another issue. All political power is inherent in the People. This is a principle that has existed from time immemorial. It is a fact of the nature of things. This principle was stated in the American Declaration of Independence. It is included in the National Constitution for the Republic of Texas of 1836. It is stated in every "State" constitution written for Texas. We must remember that the People of Texas exercised this principle when they voted, in 1861 to withdraw from their unlawful union with the United States.
The vote, taken by county, was 75% in favor of withdrawal. This was the People of Texas exercising their political authority to determine their own fate and their own future. The United States, and its courts, maintains that the United States is a "perpetual union" and no one may leave or secede. How does this square with the statement in their own Declaration of Independence that "All political power is inherent in the people?" It simply does not.
There is, of course, the larger problem that Texas was never lawfully a part of the Union in the first place! And since the People of Texas have never voted to JOIN the union since they voted to WITHDRAW from it, how have we been forced to be a part of something that the People said they did not want to be a part?
Again the answer is simple. Military force. In 1865 the Union Army came into Texas and took over by military might. Is there a problem with this? There certainly is. A close examination of the Constitution for the United States of America discloses that there is no authority delegated by the People to the U.S. to conquer another nation by war and "take" it and make it a part of themselves. The U.S. Government can lawfully do ONLY that which the People give it authority to do. The framers of the U.S. Constitution were attempting to set up a government which would not oppress or tyrannize its people. It is inconceivable to think that they would condone the "taking" of another country of politically sovereign people and enslave them or FORCE them into their bailiwick.
When the U.S. forced Texas and the southern states to be a part of the U.S., they not only enslaved the people involved there, but also enslaved the people of the northern states. If we the People, allow our government to enslave others, it will be only a short time until we too become its slaves. That is exactly what has occurred.
There are many, many issues that could be discussed here but suffice it to say that the People, all over the North American continent, are waking up and realizing that they have indeed been enslaved by the government that is supposed to protect their rights and liberties and serve them. The issue of Texas Annexation, or lack thereof, is only proof positive that this enslavement has taken place and is ongoing.
In summary, let me restate, Texas has never been LAWFULLY joined to the United States, has expressed its will to be sovereign and independent (in 1836 and again in 1861) and has been a CAPTIVE NATION of the United States since 1865. Remember, this is a violation by the United States of their own law, the law given to them by the People who created the U.S. Government.
And remember, a resolution is NOT a law. Even if a resolution were law, one country cannot pass a law that binds another country. A Treaty is only law as long as the parties continue to agree to abide by it. It is a self-imposed law by agreement or contract. Then there is always the law of the gun. I submit to you that we are now subjected to the law of the gun imposed by a de facto United States government with the cooperation of the de facto STATE OF TEXAS government.
One man, when asked what he wanted the government to do for him replied, "Guard the shores, deliver the mail, and leave me the heck alone!" Good Answer!!
The world, along with all Texans, needs to recognize the true, lawful status of Texas as an Independent, Sovereign Nation. The only way to resolve this is for the People, once again, to express and utilize their inherent political authority and re-establish our substantive, God-given freedoms and liberties and re-form our government into one which does what it is supposed to do. And that is: to protect the rights and liberties of the People from all enemies, both foreign and domestic.
Remember, THERE IS NO TREATY OF ANNEXATION!!
Respectfully,
Jesse Enloe, President
Provisional Government, Republic of Texas



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HISTORICAL FACTS



HISTORICAL FACTS SECTION
Back to "A Page of History"

Historical Fact #1:
THE FIRST TEXIAN CASUALTY "At eleven o'clock that night they reached the presidio, forced open the doors of the chapel where the Mexican soldiers were quartered, and after a brief skirmish, accepted the surrender of the defenders. In the melee, three Mexican soldiers were wounded and one was killed. The Texians had one man wounded, the first of the Texas Revolution, a free Negro named Samuel McCullogh."

Historical Fact # 2:
LOSS OF CONSTITUTIONAL RIGHTS
"Before the [Mexican] Federales (constitutionalists) had time to regroup, decree after decree undermined the federal structure and devastated the rights of individuals under the Constitution (of Mexico - 1824 - , which Stephen F. Austin was instrumental in helping draft) ... Finally, in October 1835, the constitution itself was abrogated and replaced by a new document known as the "Siete Leyes" [Seven Laws], which provided for a completely centralized government and converted the states of the erstwhile republic into "departments" (political subdivisions) ruled by governors..."

Historical Fact # 3:
WHO WANTED WAR?
The Texian movement started with the goal of getting General Antonio López de Santa Anna to return to the Mexican Constitution which Stephen F. Austin had been employed by the Mexican government to help in its drafting. The Mexican Constitution (1824) was formed long after the Constitution of the several states of America. Austin traveled to Mexico City in hopes of getting the General to come to terms with the constitutional question and stop the growing resentment towards Mexico in Texas. The peace-loving, ever-patient Stephen F. Austin was thrown into prison for 18 months and held without charge. Upon his release, he proclaimed "They have declared war!"

Historical Fact #4
LOST IN COMMITTEE AGAIN! or HISTORY REPEATS ITSELF
The status of the nation of the Republic of Texas was sent into oblivion 130 years ago by referring it to committee by the congress of the United States. That petition has never left the instant death status of the House Judiciary Committee. April 30, 1996 - Congressional Record - House Petitions, Etc. Under Clause I of Rule XXII 71. The SPEAKER presented a petition of Chief Ambassador and Consul General, Republic of Texas, relative to a copy of "Diplomatic Notice of Perfection of International Relations Between the United States of America and The Republic of Texas", which was referred to the Committee on the Judiciary.


Historical Fact #5
WHERE DID THE STATE OF TEXAS COME FROM?
AND
WHAT ABOUT ANNEXATION?
The United States began annexation overtures towards Texas early in the young republic's existence. However, many of the American leaders of that day [including President John Quincy Adams] recognized the lack of constitutional provisions to lawfully annex Texas.
Eventually, an agreement was reached to annex Texas by compact. Through a joint resolution of the U.S. Congress, Texas was supposedly annexed to the United States. Other states are admitted to the union, not annexed!
In the records of congress, however, the annexation of the Republic of Texas is referred to as the "re-annexation" of Texas and also referred to as part of the Louisiana Purchase. How could this be? Was the U.S. already attempting to cover up the fraud of the "annexation?"
Ratification by a 2/3 majority vote is required to admit a state to the union. In the case of Texas this did not happen, but by a simple majority and a joint resolution of Congress.
Spain and France confirmed the boundaries of Texas. Further, the United States did not "purchase" the lands in the Louisiana Purchase, but only purchased the forts, arsenals and streets of New Orleans. The lands of the Louisiana Purchase were ceded back to the ancient ones (Washita Indians) by Napoleon himself, in the Louisiana Purchase documents!
Why was this fraud perpetrated? 

Historical Fact #6
WHO SECEDED TEXAS AND WHEN?
"At the opening session on January 28, (1861) Judge Oran M. Roberts of the Supreme Court was elected president by acclamation. The following day a vote of 152 to 6 passed a resolution (by Texas Congress) that Texas should separately (not with the other Southern States) secede from the union. The ordinance of annexation was repealed, a declaration of causes for secession adopted, a secession ordinance drafted, an interim Committee of Public Safety appointed and the date set for February 23 (1861). When the convention (delegates from the counties) passed the secession ordinance, by a vote of 166 to 8. Secession was approved (by popular vote of the people) by 46,129 to 14,697, an overwhelming sixty-six per cent."
Voted out of the United States by the Texas Congress
Voted out of the United States by the convention of county delegates
Voted out of the United States by the People (Texians)
None of the above votes were ever repealed!
Three Strikes - Your Out!



Historical Fact #7
WHY TEXAS IS NOT A STATE ACCORDING TO THE UNITED STATES CONSTITUTION
"Article IV Section 3 : New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the jurisdiction of any other State, nor any State formed by the Junction of two or more States...."
We have seen no reference to Texas ever being admitted as a State of the Union.  It is always referred to as an annexation or re-annexation, as part of the Louisiana Purchase.
The argument of Texas being able to split into five states would be null and void lawfully, since the Constitution of the United States would have greater authority than the compact/contract between the U.S. and the Republic of Texas, unless it was a treaty between two powers.  However, upon instituting the presumed statehood, would the treaty become null and void, since the state of Texas would be bound by the U.S. Constitution?
The United States violated their own Constitution when it militarily took lands from Texas and made those lands parts of other States. The Compromise of 1850 between Texas and the United States breached the compact between the Republic of Texas and the U.S. and removed lands from Texas.


Historical Fact #8
DOES THE UNITED STATES CONSIDER TEXAS AS PROPERTY OF THE UNITED STATES?
"Article IV Section 3 : New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the jurisdiction of any other State, nor any State formed by the Junction of two or more States.... The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States...."
Texas was not admitted as one of the several States of the Union and the records prove that the attitude of the U.S. Congress towards Texas was re-annexation.   Did the United States consider Texas as its Territory or Property which it presumed to take authority over, and dispose of lands belonging to Texas?   How could the United States re-annex another nation, with which it had treaties as a foreign power?
Who perpetrated this fraud upon the Texian nationals, and why?



Historical Fact #9
FREEMEN or FREEDMEN?  The Civil War and the emancipation of the slaves is marked with fraud and deceit.
  1. In Texas historical documentation, the emancipated slaves are not called freemen by the United States writings and carpetbaggers.  They are referred to as freedmen.  This continued to make the ex-slaves a marked class of people.  They were not given free-man status but freed-man status.

  2.  
  3. The word emancipation, when taken back through word study into the ancient Roman civil law does not mean to make or set free.  It means the slave was sold to the State!

  4.  
  5. Frederick Douglass, abolitionist, hero for the freed slaves, former slave, and U.S. Ambassador complained of his token status.  He also remarked that until the "chattel slavery" upon all persons was lifted that no man would truly be free.


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Friday, February 1, 2013

Was the Annexation of Texas Really Legal?



Was the Annexation of Texas Really Legal?
by Jesse Enloe - May 4, 1998
   According to an article in the Dallas Morning News on Friday, May 1, 1998, on Thursday, April 30, 1998 Washington Federal Judge Paul L. Friedman ruled on a suit filed by Richard McLaren and his wife, Evelyn. I do not know the content of the suit, but I am responding to the reported ruling. It is reported that the ruling was that "Texas became one of the United States of America in 1845 ... and that any question about the statehood issue was laid to rest by a U.S. Supreme Court opinion issued in 1868."  Judge Friedman was also quoted as saying "It is the precedent by which this court and all courts of the United States are bound. The Republic of Texas no longer exists."
The 1868 Supreme Court Case to which Judge Friedman was referring is "Texas v. White." There are some interesting things about this case that everyone should know.
In Texas v. White there were two questions put before the Supreme Court to answer. The question of whether Texas annexation was legal/lawful was NOT one of the questions. The case dealt with the legality of the sale of bonds, acquired in the Compromise of 1850, to White and Chiles and the legality of secession. The process by which Texas was annexed was not addressed by the Supreme Court and, to our knowledge, has never been addressed by any court in the world.
The reason that the legality of the Annexation of Texas was not a question in Texas v. White, and has never been ruled on in any other case the Federal Court or Supreme Court has ever heard is that the Federal Courts do not have jurisdiction to answer that question. It is a POLITICAL QUESTION that can only be answered by Texas and/or the Congress of the United States. In 1868 the question was put to the Congress of the U.S. and it was sent to the Judiciary Committee where it was tabled or "put in a drawer somewhere" and NEVER answered.
The headlines that "Texas Annexation was Legal," that are appearing in many newspapers, do not appear to be an accurate rendition of Judge Friedman's decision. Because of the fact that he quoted Texas v. White shows only that he is bound by this Supreme Court decision that "Secession is not legal." This, though not relevant to the question of the annexation being lawful, is also a flawed ruling if the principle is true that "All Political Power is Inherent in the People," which is stated in the Declaration of Independence for the United States of America and in every Texas Constitution ever written.
So, let's address the real question: Was the Annexation of Texas legal? On October 16, 1843 Secretary of State A.P. Upshur, at the direction of President John Tyler, wrote to Minister Van Zandt of Texas proposing annexation. In his letter, Secretary Upshur stated "A treaty of annexation is considered the most proper form.... It is highly desirable that the treaty should be presented to the Senate at as early a period as possible." [emphasis added]
This shows that the men of the government of the United States understood that the only proper and lawful way for one nation to deal with another is by treaty. That principle is still part of International Law today. And the only way for the legislature of the United States to approve a treaty is by a two thirds vote of the Senate, per the Constitution for the United States of America.
The treaty was presented to the Senate in 1844 and was DEFEATED by a vote of 35 to 16. The following year, in 1845, the House of Representatives entered into the record a "Resolution of Annexation." The House of Representatives has no authority to initiate a matter of foreign affairs. After passing the resolution, the United States declared that Texas was a "State of the Union." This was an unlawful, fraudulent process which has been questioned since it was done, but the United States has failed at every turn to answer the questions regarding the unlawful process it used to acquire Texas. Secretary Upshur's own letter is evidence that a "Resolution" is NOT the proper and lawful way to annex a Nation as a State!
The question of the "perpetual nature of the union of American States," addressed in Texas v. White, is one that is irrelevant to the question of the lawful status of Texas since Texas was never lawfully joined to the Union. It is a maxim of law that anything done by fraud is void from the beginning.
Each person needs to think for themselves and answer the question for themselves. The United States is not going to answer the question of the Legality of Annexation. They have had 153 years, since 1845, and have not answered it yet.
Consider these questions:
Is it an established principle in United States Law and International Law that Nations deal with each other only by treaty?
Per the Constitution of the United States, how are treaties approved?
Was a Treaty of Annexation of Texas approved by the Unites States Senate? Look at the United States Congressional Records and the Constitution for the United States of America for the answers to these questions. Do not rely on anyone from the Government or anyone else. Answer the questions yourselves. There is only one possible conclusion. Texas was NOT annexed to the United States as a State by proper lawful action.
In summary, the ruling of Judge Friedman is as void as the 1868 Supreme Court decision and the annexation process itself, because it is all based on elected officials acting outside their delegated authority, which means those actions are fraudulent and unlawful. And more to the point, Judge Friedman did not say that Texas was legally annexed!
Many of the People of Texas know that Texas was never lawfully made a part of the United States of America, and the Republic of Texas not only continues to exist, it is Alive and Well! The People of the Republic of Texas remain committed to the Peaceful and Lawful Restoration of Texas as an Independent and Sovereign Nation.
We challenge the media to investigate this issue and report the truth!  


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