THE UNITED STATES IS STILL A BRITISH COLONY

(The Book 607 pages)

 

America Is Still A British Colony

 

Illuminati III Murdered by The Monarchs

 

                        THE UNITED STATES

                    IS STILL A BRITISH COLONY

 

                            EXTORTING

 

                      TAXES FOR THE CROWN!

 

                      A DOCUMENTARY REVIEW

 

                    OF CHARTERS AND TREATIES

 

                         August 17, 1996

 

An introduction by the "Informer"             

 

     This is the latest from a man who visits me quite often.  He

and another man researched my theory that we have never been free

from the British Crown.  This disc shows the results.  I have

states that we will never win in their courts.  This shows

conclusively why.  We have the hard copy of the treaties that are

the footnotes.  This predates Schroder's material, my research of

the 1861 stats by Lincoln that put us under the War Powers

confiscation acts, and John Nelson's material.  All our material

supports that the real Principal, the King of England, still rules

this country through the bankers and why we own no property in

allodium.  This is why it is so important to start OUR courts of

God's natural (common) Law and break away from all the crap they

have handed us.  This is one reason Virginia had a law to hang all

lawyers but was somehow, by someone, (the King) set aside to let

them operate again.  Some good people put in the original 13th

amendment so that without the lawyers the King could not continue

his strangle hold on us.  James shows how that was quashed by the

King.  I am happy that James' research of six months bears out my

theory, that most people would not listen to me, that we are still

citizen/subjects under the kings of England.  My article called

"Reality" published in the American Bulletin and the article of

mine on the "Atocha case," wherein Florida in 1981 used it's

sovereignty under the British crown to try to take away the gold

from the wreck found in Florida waters supports this premise.

James makes mention of the Law dictionaries being England's Law

Dict. you will not is lists the reign of all the Kings of England.

It never mentions the reign of the Presidents of this country.

Ever wonder Why?  Get this out to as many people as you can.

                             The Informer.

 

 

           The United States is still a British Colony

 

     The trouble with history is, we weren't there when it took

place and it can be changed to fit someones belief and/or

traditions, or it can be taught in the public schools to favor a

political agenda, and withhold many facts.  I know you have been

taught that we won the Revolutionary War and defeated the British,

but I can prove to the contrary.  I want you to read this paper

with an open mind, and allow yourself to be instructed with the

following verifiable facts.  You be the judge and don't let prior

conclusions on your part or incorrect teaching, keep you from the

truth.

 

     I too was always taught in school and in studying our history

books that our freedom came from the Declaration of Independence

and was secured by our winning the Revolutionary War.  I'm going to

discuss a few documents that are included at the end of this paper,

in the footnotes.  The first document is the first Charter of

Virginia in 1606 (footnote #1).  In the first paragraph, the king

of England granted our fore fathers license to settle and colonize

America.  The definition for license is as follows. 

 

     "In Government Regulation. Authority to do some act or carry

on some trade or business, in its nature lawful but prohibited by

statute, except with the permission of the civil authority or which

would otherwise be unlawful."  Bouvier's Law Dictionary, 1914.

 

     Keep in mind those that came to America from England were

British subjects.  So you can better understand what I'm going to

tell you, here are the definitions for subject and citizen.

 

     "In monarchical governments, by subject is meant one who owes

permanent allegiance to the monarch."  Bouvier's Law Dictionary,

1914.

 

     "Constitutional Law. One that owes allegiance to a sovereign

and is governed by his laws.  The natives of Great Britain are

subjects of the British government.  Men in free governments are

subjects as well as citizens; as citizens they enjoy rights and

franchises; as subjects they are bound to obey the laws.  The term

is little used, in this sense, in countries enjoying a republican

form of government."  Swiss Nat. Ins. Co. v. Miller, 267 U.S. 42,

45 S. Ct. 213, 214, 69 L.Ed. 504. Blacks fifth Ed.

 

     I chose to give the definition for subject first, so you could

better understand what definition of citizen is really being used

in American law.  Below is the definition of citizen from Roman

law.

 

     "The term citizen was used in Rome to indicate the possession

of private civil rights, including those accruing under the Roman

family and inheritance law and the Roman contract and property law.

All other subjects were peregrines.  But in the beginning of the 3d

century the distinction was abolished and all subjects were

citizens; 1 sel. Essays in Anglo-Amer. L. H. 578."  Bouvier's Law

Dictionary, 1914.

 

     The king was making a commercial venture when he sent his

subjects to America, and used his money and resources to do so.  I

think you would admit the king had a lawful right to receive gain

and prosper from his venture.  In the Virginia Charter he declares

his sovereignty over the land and his subjects and in paragraph 9

he declares the amount of gold, silver and copper he is to receive

if any is found by his subjects.  There could have just as easily

been none, or his subjects could have been killed by the Indians.

This is why this was a valid right of the king (Jure Coronae, "In

right of the crown," Black's forth Ed.), the king expended his

resources with the risk of total loss. 

 

     If you'll notice in paragraph 9 the king declares that all his

heirs and successors were to also receive the same amount of gold,

 

silver and copper that he claimed with this Charter.  The gold that

remained in the colonies was also the kings.  He provided the

remainder as a benefit for his subjects, which amounted to further

use of his capital.  You will see in this paper that not only is

this valid, but it is still in effect today.  If you will read the

rest of the Virginia Charter you will see that the king declared

the right and exercised the power to regulate every aspect of

commerce in his new colony.  A license had to be granted for travel

connected with transfer of goods (commerce) right down to the

furniture they sat on.  A great deal of the king's declared

property was ceded to America in the Treaty of 1783.  I want you to

stay focused on the money and the commerce which was not ceded to

America.

 

     This brings us to the Declaration of Independence.  Our

freedom was declared because the king did not fulfill his end of

the covenant between king and subject.  The main complaint was

taxation without representation, which was reaffirmed in the early

1606 Charter granted by the king.  It was not a revolt over being

subject to the king of England, most wanted the protection and

benefits provided by the king.  Because of the kings refusal to

hear their demands and grant relief, separation from England became

the lesser of two evils.  The cry of freedom and self determination

became the rallying cry for the colonist.  The slogan "Don't Tread

On Me" was the standard borne by the militias. 

 

     The Revolutionary War was fought and concluded when Cornwallis

surrendered to Washington at Yorktown.  As Americans we have been

taught that we defeated the king and won our freedom.  The next

document I will use is the Treaty of 1783, which will totally

contradict our having won the Revolutionary War. (footnote 2). 

 

     I want you to notice in the first paragraph that the king

refers to himself as prince of the Holy Roman Empire and of the

United States.  You know from this that the United States did not

negotiate this Treaty of peace in a position of strength and

victory, but it is obvious that Benjamin Franklin, John Jay and

John Adams negotiated a Treaty of further granted privileges from

the king of England.  Keep this in mind as you study these

documents.  You also need to understand the players of those that

negotiated this Treaty.  For the Americans it was Benjamin Franklin

Esgr., a great patriot and standard bearer of freedom.  Or was he?

His title includes Esquire.   

 

     An Esquire in the above usage was a granted rank and Title of

nobility by the king, which is below Knight and above a yeoman,

common man.  An Esquire is someone that does not do manual labor as

signified by this status, see the below definitions.

 

     "Esquires by virtue of their offices; as justices of the

peace, and others who bear any office of trust under the

crown....for whosever studieth the laws of the realm, who studieth

in the universities, who professeth the liberal sciences, and who

can live idly, and without manual labor, and will bear the  port,

charge, and countenance of a gentleman, he shall be called master,

and shall be taken for a gentleman."  Blackstone Commentaries p.

 

561-562

 

     "Esquire - In English Law. A title of dignity next above

gentleman, and below knight.  Also a title of office given to

sheriffs, serjeants, and barristers at law, justices of the peace,

and others."  Blacks Law Dictionary fourth ed. p. 641

 

     Benjamin Franklin, John Adams and John Jay as you can read in

the Treaty were all Esquires and were the signers of this Treaty

and the only negotiators of the Treaty.  The representative of the

king was David Hartley Esqr..

 

     Benjamin Franklin was the main negotiator for the terms of the

Treaty, he spent most of the War traveling between England and

France.  The use of Esquire declared his and the others British

subjection and loyalty to the crown.

 

     In the first article of the Treaty most of the kings claims to

America are relinquished, except for his claim to continue

receiving gold, silver and copper as gain for his business venture.

Article 3 gives Americans the right to fish the waters around the

United States and its rivers.  In article 4 the United States

agreed to pay all bona fide debts.  If you will read my other

papers on money you will understand that the financiers were

working with the king.  Why else would he protect their interest

with this Treaty? 

 

     I wonder if you have seen the main and obvious point?  This

Treaty was signed in 1783, the war was over in 1781.  If the United

States defeated England, how is the king granting rights to

America, when we were now his equal in status?  We supposedly

defeated him in the Revolutionary War!  So why would these supposed

patriot Americans sign such a Treaty, when they knew that this

would void any sovereignty gained by the Declaration of

Independence and the Revolutionary War?  If we had won the

Revolutionary War, the king granting us our land would not be

necessary, it would have been ours by his loss of the Revolutionary

War.  To not dictate the terms of a peace treaty in a position of

strength after winning a war; means the war was never won. Think of

other wars we have won, such as when we defeated Japan.  Did

McArther allow Japan to dictate to him the terms for surrender?  No

way!  All these men did is gain status and privilege granted by the

king and insure the subjection of future unaware generations.

Worst of all, they sold out those that gave their lives and

property for the chance to be free.

 

     When Cornwallis surrendered to Washington he surrendered the

battle, not the war.  Read the Article of Capitulation signed by

Cornwallis at Yorktown (footnote 3)

 

     Jonathan Williams recorded in his book, Legions of Satan,

1781, that Cornwallis revealed to Washington during his surrender

that "a holy war will now begin on America, and when it is ended

America will be supposedly the citadel of freedom, but her millions

will unknowingly be loyal subjects to the Crown."...."in less than

two hundred years the whole nation will be working for divine world

government.  That government that they believe to be divine will be

the British Empire." 

 

     All the Treaty did was remove the United States as a liability

and obligation of the king.  He no longer had to ship material and

 

money to support his subjects and colonies.  At the same time he

retained financial subjection through debt owed after the Treaty,

which is still being created today; millions of dollars a day.  And

his heirs and successors are still reaping the benefit of the kings

original venture.  If you will read the following quote from Title

26, you will see just one situation where the king is still

collecting a tax from those that receive a benefit from him, on

property which is purchased with the money the king supplies, at

almost the same percentage:

 

-CITE-

    26 USC Sec. 1491

HEAD-

    Sec. 1491. Imposition of tax

-STATUTE-

      There is hereby imposed on the transfer of property by a

citizen or resident of the United States, or by a domestic

corporation or partnership, or by an estate or trust which is not

a foreign estate or trust, to a foreign corporation as paid-in

surplus or as a contribution to capital, or to a foreign estate or

trust, or to a foreign partnership, an excise tax equal to 35

percent of the excess of -

        (1) the fair market value of the property so transferred,

            over

        (2) the sum of -

            (A) the adjusted basis (for determining gain) of such

            property in the hands of the transferor, plus

            (B) the amount of the gain recognized to the transferor

            at the time of the transfer.

-SOURCE-

    (Aug. 16, 1954, ch. 736, 68A Stat. 365; Oct. 4, 1976, Pub. L.

    94-455, title X, Sec. 1015(a), 90 Stat. 1617; Nov. 6, 1978,

Pub. L.

    95-600, title VII, Sec. 701(u)(14)(A), 92 Stat. 2919.)

-MISC1-

                                 AMENDMENTS

      1978 - Pub. L. 95-600 substituted 'estate or trust' for    

      'trust' wherever appearing.

      1976 - Pub. L. 94-455 substituted in provisions preceding  

      par.

      (1) 'property' for 'stocks and securities' and '35 percent'

      for '27 1/2 percent' and in par.

      (1) 'fair market value' for 'value' and 'property' for     

      'stocks and securities' and in par.

      (2) designated existing provisions as subpar. (A) and added

      subpar. (B).

                      EFFECTIVE DATE OF 1978 AMENDMENT

      Section 701(u)(14)(C) of Pub. L. 95-600 provided that: 'The

      amendments made by this paragraph (amending this section and

      section 1492 of this title) shall apply to transfers after 

      October 2, 1975.'

                      EFFECTIVE DATE OF 1976 AMENDMENT

      Section 1015(d) of Pub. L. 94-455 provided that: 'The      

      amendments made by this section (enacting section 1057 of  

      this title, amending this section and section 1492 of this 

      title, and renumbering former section 1057 as 1058 of this 

      title) shall apply to transfers of property after October 2,

      1975.'

     A new war was declared when the Treaty was signed.  The king

wanted his land back and he knew he would be able to regain his

property for his heirs with the help of his world financiers.  Here

is a quote from the king speaking to Parliament after the

Revolutionary War had concluded.

 

 

     (Six weeks after) the capitulation of Yorktown, the king of

Great Britain, in his speech to Parliament (Nov. 27, 1781),

declared "That he should not answer the trust committed to the

sovereign of a free people, if he consented to sacrifice either to

his own desire of peace, or to their temporary ease and relief,

those essential rights and permanent interests, upon the

maintenance and preservation of which the future strength and

security of the country must forever depend."  The determined

language of this speech, pointing to the continuance of the

American war, was echoed back by a majority of both Lords and

Commons.

     In a few days after (Dec. 12), it was moved in the House of

Commons that a resolution should be adopted declaring it to be

their opinion "That all farther attempts to reduce the Americans to

obedience by force would be ineffectual, and injurious to the true

interests of Great Britain."  The rest of the debate can be found

in (footnote 4).  What were the true interests of the king?  The

gold, silver and copper.

 

     The new war was to be fought without Americans being aware

that a war was even being waged, it was to be fought by subterfuge

and key personnel being placed in key positions.  The first two

parts of "A Country Defeated In Victory," go into detail about how

this was done and exposes some of the main players.

 

     Every time you pay a tax you are transferring your labor to

the king, and his heirs and successors are still receiving interest

from the original American Charters.

 

     The following is the definition of tribute (tax).

     "A contribution which is raised by a prince or sovereign from

his subjects to sustain the expenses of the state.

     A sum of money paid by an inferior sovereign or state to a

superior potentate, to secure the friendship or protection of the

latter."  Blacks Law Dictionary forth ed. p. 1677

 

     As further evidence, not that any is needed, a percentage of

taxes that are paid are to enrich the king/queen of England.  For

those that study Title 26 you will recognize IMF, which means

Individual Master File, all tax payers have one.  To read one you

have to be able to break their codes using file 6209, which is

about 467 pages.  On your IMF you will find a blocking series,

which tells you what type of tax you are paying.  You will probably

find a 300-399 blocking series, which 6209 says is reserved.  You

then look up the BMF 300-399, which is the Business Master File in

6209.  You would have seen prior to 1991, this was U.S.-U.K. Tax

Claims, non-refile DLN.  Meaning everyone is considered a business

and involved in commerce and you are being held liable for a tax

via a treaty between the U.S. and the U.K., payable to the U.K..

The form that is supposed to be used for this is form 8288, FIRPTA

- Foreign Investment Real Property Tax Account, you won't find many

people using this form, just the 1040 form.  The 8288 form can be

found in the Law Enforcement Manual of the IRS, chapter 3.  If you

will check the OMB's paper - Office of Management and Budget, in

the Department of Treasury, List of Active Information Collections,

 

Approved Under Paperwork Reduction Act, you will find this form

under OMB number 1545-0902, which says U.S. withholding tax-return

for dispositions by foreign persons of U.S. real property

interests-statement of withholding on dispositions, by foreign

persons, of U.S. Form #8288 #8288a

     These codes have since been changed to read as follows; IMF

300-309, Barred Assement, CP 55 generated valid for MFT-30, which

is the code for 1040 form.  IMF 310-399 reserved, the BMF 300-309

reads the same as IMF 300-309.  BMF 390-399 reads U.S./U.K. Tax

Treaty Claims.  The long and short of it is nothing changed, the

government just made it plainer, the 1040 is the payment of a

foreign tax to the king/queen of England.  We have been in

financial servitude since the Treaty of 1783.

 

     Another Treaty between England and the United States was Jay's

Treaty of 1794 (footnote 5).  If you will remember from the Paris

Treaty of 1783, John Jay Esqr. was one of the negotiators of the

Treaty.  In 1794 he negotiated another Treaty with Britain.  There

was great controversy among the American people about this Treaty.

 

     In Article 2 you will see the king is still on land that was

supposed to be ceded to the United States at the Paris Treaty.

This is 13 years after America supposedly won the Revolutionary

War.  I guess someone forgot to tell the king of England.  In

Article 6, the king is still dictating terms to the United States

concerning the collection of debt and damages, the British

government and World Bankers claimed we owe.  In Article 12 we find

the king dictating terms again, this time concerning where and with

who the United States could trade. In Article 18 the United States

agrees to a wide variety of material that would be subject to

confiscation if Britain found said material going to its enemies

ports.  Who won the Revolutionary War?

 

     That's right, we were conned by some of our early fore fathers

into believing that we are free and sovereign people, when in fact

we had the same status as before the Revolutionary War.  I say had,

because our status is far worse now than then.  I'll explain.

 

     Early on in our history the king was satisfied with the

interest made by the Bank of the United States.  But when the Bank

Charter was canceled in 1811 it was time to gain control of the

government, in order to shape government policy and public policy.

Have you never asked yourself why the British, after burning the

White House and all our early records during the War of 1812, left

and did not take over the government.  The reason they did, was to

remove the greatest barrier to their plans for this country.  That

barrier was the newly adopted 13th Amendment to the United States

Constitution.  The purpose for this Amendment was to stop anyone

from serving in the government who was receiving a Title of

nobility or honor.  It was and is obvious that these government

employees would be loyal to the granter of the Title of nobility or

honor. 

     The War of 1812 served several purposes.  It delayed the

passage of the 13th Amendment by Virginia, allowed the British to

destroy the evidence of the first 12 states ratification of this

 

Amendment, and it increased the national debt, which would coerce

the Congress to reestablish the Bank Charter in 1816 after the

Treaty of Ghent was ratified by the Senate in 1815.

 

                     Forgotten Amendment

 

     The Articles of Confederation, Article VI states: "nor shall

the united States in Congress assembled, or any of them, grant any

Title of nobility."

 

     The Constitution for the united States, in Article, I Section

9, clause 8 states: "No Title of nobility shall be granted by the

united States; and no Person holding any Office or Profit or Trust

under them, shall, without the Consent of the Congress, accept of

any present, Emolument, Office, or Title, of any kind whatever,

from any King, Prince, or foreign State."

 

     Also, Section 10, clause 1 states, "No State shall enter into

any Treaty, Alliance, or Confederation; grant Letters of Marque or

Reprisal; coin Money; emit Bills of Credit; make any Thing but Gold

and silver Coin a Tender in Payment of Debts; pass any Bill of

Attainder, ex post facto of Law impairing the Obligation of

Contracts, or grant any Title of nobility."

 

     There was however, no measurable penalty for violation of the

above Sections, Congress saw this as a great threat to the freedom

of Americans, and our Republican form of government.  In January

1810 Senator Reed proposed the Thirteenth Amendment, and on April

26, 1810 was passed by the Senate 26 to 1 (1st-2nd session, p. 670)

and by the House 87 to 3 on May 1, 1810 (2nd session, p. 2050) and

submitted to the seventeen states for ratification.  The Amendment

reads as follows:

 

     "If any citizen of the United States shall Accept, claim,

receive or retain any title of nobility or honor, or shall, without

the consent of Congress, accept and retain any present, pension,

office or emolument of any kind whatever, from any emperor, king,

prince or foreign power, such person shall cease to be a citizen of

the United States, and shall be incapable of holding any office of

trust or profit under them, or either of them." 

 

     From An "American Dictionary of the English Language, 1st

Edition," Noah Webster, (1828) defines nobility as: "3. The

qualities which constitute distinction of rank in civil society,

according to the customs or laws of the country; that eminence or

dignity which a man derives from birth or title conferred, and

which places him in an order above common men."; and, "4. The

persons collectively who enjoy rank above commoners; the peerage."

 

     The fore-mentioned Sections in the Constitution for the united

States, and the above proposed Thirteenth Amendment sought to

prohibit the above definition, which would give any advantage or

privilege to some citizens an unequal opportunity to achieve or

exercise political power.  Thirteen of the seventeen states listed

below understood the importance of this Amendment.

 

 

Date admitted                 Date voted for   Date voted against

to the Union                  the Amendment    the Amendment

 

1788         Maryland         Dec. 25,  1810

1792         Kentucky         Jan. 31,  1811

1803         Ohio             Jan. 31,  1811

 

1787         Delaware         Feb. 2,   1811

1787         Pennsylvania     Feb. 6,   1811

1787         New Jersey       Feb. 13,  1811

1791         Vermont          Oct. 24,  1811

1796         Tennessee        Nov. 21,  1811

1788         Georgia          Dec. 13,  1811

1789         North Carolina   Dec. 23,  1811

1788         Massachusetts    Feb. 27,  1812

1788         New Hampshire    Dec. 10,  1812

1788         Virginia         March 12, 1819

1788         New York                          March 12, 1811

1788         Connecticut                       May 1813

1788         South Carolina                    December 7, 1813

1790         Rhode Island                      September 15, 1814

 

 

     On March 10, 1819, the Virginia legislature passed Act No. 280

(Virginia Archives of Richmond, "misc." file, p. 299 for micro-

film):

 

     "Be it enacted by the General Assembly, that there shall be

published an edition of the laws of this Commonwealth in which

shall be contained the following matters, that is to say: the

Constitution of the united States and the amendments thereto..."

 

     The official day of ratification was March 12, 1819, this was

the date of re-publication of the Virginia Civil Code.  Virginia

ordered 4,000 copies, almost triple their usual order.  Word of

Virginia's 1819 ratification spread throughout the states and both

Rhode Island and Kentucky published the new Amendment in 1822.

Ohio published the new Amendment in 1824.  Maine ordered 10,000

copies of the Constitution with the new Amendment to be printed for

use in the public schools, and again in 1831 for their Census

Edition.  Indiana published the new Amendment in the Indiana

Revised Laws, of 1831 on P. 20.  The Northwest Territories

published the new Amendment in 1833; Ohio published the new

Amendment again in 1831 and in 1833.  Connecticut, one of the

states that voted against the new Amendment published the new

Amendment in 1835.  Wisconsin Territory published the new Amendment

in 1839; Iowa Territory published the new Amendment in 1843; Ohio

published the new Amendment again, in 1848; Kansas published the

new Amendment in 1855; and Nebraska Territory published the new

Amendment six years in a row from 1855 to 1860.  Colorado Territory

published the new Amendment in 1865 and again 1867, in the 1867

printing, the present Thirteenth Amendment (slavery Amendment) was

listed as the Fourteenth Amendment.  The repeated reprinting of the

Amended united States Constitution is conclusive evidence of its

passage.

 

     Also, as evidence of the new Thirteenth Amendments impending

passage; on December 2, 1817 John Quincy Adams, then Secretary of

State, wrote to Buck (an attorney) regarding the position Buck had

been assigned.  The letter reads:

 

     "...if it should be the opinion of this Government that the

acceptance on your part of the Commission under which it was

granted did not interfere with your citizenship.

     It is the opinion of the Executive that under the 13th

amendment to the constitution by the acceptance of such an

appointment from any foreign Government, a citizen of the United

States ceases to enjoy that character, and becomes incapable of

holding any office of trust or profit under the United States or

either of them...     J.Q.A.

 

     By virtue of these titles and honors, and special privileges,

lawyers have assumed political and economic advantages over the

majority of citizens.  A majority may vote, but only a minority

(lawyers) may run for political office.

 

     After the War of 1812 was concluded the Treaty of Ghent was

signed and ratified (footnote 6).  In Article 4 of the Treaty, the

United States gained what was already given in the Treaty of Paris

1783, namely islands off the U.S. Coast.  Also, two men were to be

given the power to decide the borders and disagreements, if they

could not, the power was to be given to an outside sovereign power

and their decision was final and considered conclusive.  In Article

9 it is admitted there are citizens and subjects in America.  As

you have seen, the two terms are interchangeable, synonymous.  In

Article 10 you will see where the idea for the overthrow of this

country came from and on what issue.  The issue raised by England

was slavery and it was nurtured by the king's emissaries behind the

scenes.  This would finally lead to the Civil War, even though the

Supreme Court had declared the states and their citizens property

rights could not be infringed on by the United States government or

Congress.  This was further declared by the following Presidential

quotes, where they declared to violate the states rights would

violate the U.S. Constitution.  Also, history shows that slavery

would not have existed much longer in the Southern states, public

sentiment was changing and slavery was quickly disappearing.  The

Civil War was about destroying property rights and the U.S.

Constitution which supported these rights.  Read the following

quotes of Presidents just before the Civil War:

 

     "I believe that involuntary servitude, as it exists in

different States of this Confederacy, is recognized by the

Constitution.  I believe that it stands like any other admitted

right, and that the States were it exists are entitled to efficient

remedies to enforce the constitutional provisions."  Franklin

Pierce Inaugural Address, March 4, 1853 - Messages and Papers of

the Presidents, vol. 5.

 

     "The whole Territorial question being thus settled upon the

principle of popular sovereignty-a principle as ancient as free

government itself-everything of a practical nature has been

decided.  No other question remains for adjustment, because all

agree that under the  Constitution slavery in the States is beyond

the reach of any human power except that of the respective States

themselves wherein it exists."  James Buchanan Inaugural Address,

March 4, 1857 - Messages and Papers of the Presidents, vol. 5.

 

     "I cordially congratulate you upon the final settlement by the

Supreme Court of the United States of the question of slavery in

the Territories, which had presented an aspect so truly formidable

at the commencement of my Administration.  The right has been

established of every citizen to take his property of any kind,

including slaves, into the common Territories belonging equally to

all the States of the Confederacy, and to have it protected there

 

under the Federal Constitution.  Neither Congress nor a Territorial

legislature nor any human power has any authority to annul or

impair this vested right.  The supreme judicial tribunal of the

country, which is a coordinate branch of the Government, has

sanctioned and affirmed these principles of constitutional law, so

manifestly just in themselves and so well calculated to promote

peace and harmony among the States."  James Buchanan, Third Annual

Message, December 19, 1859 - Messages and Papers of the Presidents,

vol. 5.

 

     So there is no misunderstanding I am not rearguing slavery.

Slavery is morally wrong and contrary to God Almighty's Law.  In

this divisive issue, the true attack was on our natural rights and

on the Constitution.  The core of the attack was on our right to

possess allodial property.  Our God given right to own property in

allodial was taken away by conquest of the Civil War.  If you are

free this right cannot be taken away.  The opposite of free is

slave or subject, we were allowed to believe we were free for about

70 years.  Then the king said enough, and had the slavery issue

pushed to the front by the northern press, which so formed northern

public opinion, that they were willing to send their sons to die in

the Civil War. 

 

     The southern States were not fighting so much for the slave

issue, but for the right to own property, any property.  These

property rights were granted by the king in the Treaty of 1783,

knowing they would soon be forfeited by the American people through

ignorance.  Do you think you own your house?  If you were to stop

paying taxes, federal or state, you would soon find out that you

were just being allowed to live and pay rent for this house.  The

rent being the taxes to the king, who supplied the benefit of

commerce.  A free man not under a monarch, democracy, dictatorship

or socialist government, but is under a republican form of

government would not and could not have his property taken.  Why!

The king's tax would not and could not be levied.  If the Americans

had been paying attention the first 70 years to the subterfuge and

corruption of the Constitution and government representatives,

instead of chasing the money supplied by the king, the Conquest of

this country during the Civil War could have been avoided.  George

Washington had vision during the Revolutionary War, concerning the

Civil War.  You need to read it. footnote 7

 

 

            Civil War and The Conquest that followed

 

     The government and press propaganda that the War was to free

the black people from slavery is ridiculous, once you understand

the Civil War Thirteenth and Fourteenth Amendments.  The black

people are just as much slaves today as before the Civil War just

as the white people are, and also we find ourselves subjects of the

king/queen of England.  The only thing that changed for black

people is they changed masters and were granted a few rights, which

I might add can be taken away anytime the government chooses. Since

the 1930's the black people have been paid reparations to buy off

their silence, in other words, keep the slaves on the plantation

 

working.  I do not say this to shock or come across as prejudiced,

because I'm not.  Here's what Russell Means said, for those that

don't remember who he is, he was the father in the movie called,

"Last Of The Mohicians".  Russell Means said " until the white man

is free we will never be free", the we he is referring to are the

Indians.  There has never been a truer statement, however the

problem is the white people are not aware of their enslavement.

 

     At the risk of being redundant; to set the record straight,

because Lord only knows what will be said about what I just said

regarding black people, I believe that if you are born in this

country you are equal, period.  Forget the empty promises of civil

rights, what about you unalienable natural rights under God

Almighty.  All Americans are feudal tenants on the land, allowed to

rent the property they live on as long as the king gets his cut.

What about self-determination, or being able to own allodial title

to property, which means the king cannot take your property for

failure to pay a tax.  Which means you did not own it to begin

with.  The king allows you to use the material goods and land.

Again this is financial servitude.

 

     "The ultimate ownership of all property is in the state;

individual so-called `ownership' is only by virtue of government,

i.e., law, amounting to a mere user; and use must be in accordance

with law and subordinate to the necessities of the State." Senate

Document No. 43, "Contracts payable in Gold" written in 1933.

 

     The king controlled the government by the time the North won

the Civil War, through the use of lawyers that called the shots

behind the scenes, just as they do now and well placed subjects in

the United States government.  This would not have been possible if

not for England destroying our documents in 1812 and the covering

up of state documents of the original 13th Amendment. 

 

     According to International law, what took place when the North

conquered the South?  First, you have to understand the word

"conquest" in international law.  When you conquer a state you

acquire the land; and those that were subject to the conquered

state, then become subject to the conquers.  The laws of the

conquered state remain in force until the conquering state wishes

to change all or part of them.  At the time of conquest the laws of

the conquered state are subject to change or removal, which means

the law no longer lies with the American people through the

Constitution, but lies with the new sovereign.  The Constitution no

longer carries any power of its own, but drives its power from the

new sovereign, the conqueror.  The reason for this is the

Constitution derived its power from the people, when they were

defeated, so was the Constitution. 

 

The following is the definition of Conquest:

     "The acquisition of the sovereignty of a country by force of

arms, exercised by an independent power which reduces the

vanquished to submission to its empire."

     "The intention of the conqueror to retain the conquered

territory is generally manifested by formal proclamation of

annexation, and when this is combined with a recognized ability to

 

retain the conquered territory, the transfer of sovereignty is

complete.  A treaty of peace based upon the principle of uti

possidetis (q.v.) is formal recognition of conquest."

     "The effects of conquest are to confer upon the conquering

state the public property of the conquered state, and to invest the

former with the rights and obligations of the latter; treaties

entered into by the conquered state with other states remain

binding upon the annexing state, and the debts of the extinct state

must be taken over by it.  Conquest likewise invests the conquering

state with sovereignty over the subjects of the conquered state.

Among subjects of the conquered state are to be included persons

domiciled in the conquered territory who remain there after the

annexation.  The people of the conquered state change their

allegiance but not their relations to one another."  Leitensdorfer

v. Webb, 20 How. (U.S.) 176, 15 L. Ed. 891.

     "After the transfer of political jurisdiction to the conqueror

the municipal laws of the territory continue in force until

abrogated by the new sovereign."  American Ins. Co. v. Canter, 1

Pet. (U.S.) 511, 7 L. Ed. 242. Conquest, In international Law. -

Bouvier's Law Dictionary

 

     What happened after the Civil War?  Did not U.S. troops force

the southern states to accept the Fourteenth Amendment?  The laws

of America, the Constitution were changed by the conquering

government.  Why?  The main part I want you to see, as I said at

the beginning of this paper, is watch the money and the commerce.

The Fourteenth Amendment says the government debt can not be

questioned.  Why?  Because now the king wants all the gold, silver

and copper and the land.  Which can easily be done by increasing

the government debt and making the American people sureties for the

debt.  This has been done by the sleight of hand of lawyers and the

bankers.

 

     The conquering state is known as a Belligerent, read the

following quotes.

 

Belligerency, is International Law 

     "The status of de facto statehood attributed to a body of

insurgents, by which their hostilities are legalized.  Before they

can be recognized as belligerents they must have some sort of

political organization and be carrying on what is international law

is regarded as legal war.  There must be an armed struggle between

two political bodies, each of which exercises de facto authority

over persons within a determined territory, and commands an army

which is prepared to observe the ordinary laws of war.  It is not

enough that the insurgents have an army; they must have an

organized civil authority directing the army."

     "The exact point at which revolt or insurrection becomes

belligerency is often extremely difficult to determine; and

belligerents are not usually recognized by nations unless they have

some strong reason or necessity for doing so, either because the

territory where the belligerency is supposed to exist is contiguous

to their own, or because the conflict is in some way affecting

their commerce or the rights of their citizens...One of the most

serious results of recognizing belligerency is that it frees the

 

parent country from all responsibility for what takes place within

the insurgent lined;  Dana's Wheaton, note 15, page 35."  Bouvier's

Law Dictionary

 

Belligerent, In International Law. 

     "As adj. and noun. Engaged in lawful war; a state so engaged.

In plural.  A body of insurgents who by reason of their temporary

organized government are regarded as conducting lawful hostilities.

Also, militia, corps of volunteers, and others, who although not

part of the regular army of the state, are regarded as lawful

combatants provided they observe the laws of war; 4 H. C. 1907,

arts, 1, 2."  Bouvier's Law Dictionary

 

     According to the International law no law has been broken.

Read the following about military occupation, notice the third

paragraph.  After the Civil War, title to the land had not been

completed to the conquers, but after 1933 it was.  I will address

this in a moment.  In the last paragraph, it says the Commander-in-

Chief governs the conquered state.  The proof that this is the case

today, is the U.S. flies the United States flag with a yellow

fringe on three sides.  According to the United States Code, Title

4, Sec. 1, the U.S. flag does not have a fringe on it.  The

difference being one is a Constitutional flag, and the fringed flag

is a military flag.  The military flag means you are in a military

occupation and are governed by the Commander-in-Chief in his

executive capacity, not under any Constitutional authority.  Read

the following.

 

Military Occupation 

     "This at most gives the invader certain partial and limited

rights of sovereignty.  Until conquest, the sovereign rights of the

original owner remain intact.  Conquest gives the conqueror full

rights of sovereignty and, retroactively, legalizes all acts done

by him during military occupation.  Its only essential is actual

and exclusive possession, which must be effective."

     "A conqueror may exercise governmental authority, but only

when in actual possession of the enemy's country; and this will be

exercised upon principles of international law; MacLeod v. U.S.,

229 U.S. 416, 33 Sup. Ct 955, 57 L. Ed. 1260." 

     "The occupant administers the government and may, strictly

speaking, change the municipal law, but it is considered the duty

of the occupant to make as few changes in the ordinary

administration of the laws as possible, though he may proclaim

martial law if necessary.  He may occupy public land and buildings;

he cannot alienate them so as to pass a good title, but a

subsequent conquest would probably complete the title..."

     "Private lands and houses are usually exempt.  Private movable

property is exempt, though subject to contributions and

requisitions.  The former are payments of money, to be levied only

by the commander-in-chief...Military necessity may require the

destruction of private property, and hostile acts of communities or

individuals may be punished in the same way.  Property may be

liable to seizure as booty on the field of battle, or when a town

refuses to capitulate and is carried by assault.  When military

occupation ceases, the state of things which existed previously is

 

restored under the fiction of postliminium (q.v.)"

     "Territory acquired by war must, necessarily, be governed, in

the first instance, by military power under the direction of the

president, as commander-in-chief.  Civil government can only be put

in operation by the action of the appropriate political department

of the government, at such time and in such degree as it may

determine.  It must take effect either by the action of the treaty-

making power, or by that of congress.  So long as congress has not

incorporated the territory into the United States, neither military

occupation nor cession by treaty makes it domestic territory, in

the sense of the revenue laws.  Congress may establish a temporary

government, which is not subject to all the restrictions of the

constitution.  Downes v. Bidwell, 182 U.S. 244, 21 Sup Ct. 770, 45

L. Ed. 1088, per Gray, J., concurring in the opinion of the court."

Bouvier's Law Dictionary

 

     Paragraph 1-3 of the definition of Military Occupation

describes what took place during and after the Civil War.  What

took place during the Civil War and Post Civil War has been legal

under international law.  You should notice in paragraph 3, that at

the end of the Civil War, title to the land was not complete, but

the subsequent Conquest completed the title.  When was the next

Conquest?  1933, when the American people were alienated by our

being declared enemies of the Conquer and by their declaring war

against all Americans.  Read the following quotes and also

(footnote 8).

 

     The following are excerpts from the Senate Report, 93rd

Congress, November 19, 1973, Special Committee On The Termination

Of The National Emergency United States Senate.

 

     Since March 9, 1933, the United States has been in a state of

declared national emergency....Under the powers delegated by these

statutes, the President may: seize property; organize and control

the means of production; seize commodities; assign military forces

abroad; institute martial law; seize and control all transportation

and communication; regulate the operation of private enterprise;

restrict travel; and, in a plethora of particular ways, control the

lives of all American citizens.

     A majority of the people of the United States have lived all

of their lives under emergency rule.  For 40 years, freedoms and

governmental procedures guaranteed by the Constitution have, in

varying degrees, been abridged by laws brought into force by states

of national emergency....from, at least, the Civil War in important

ways shaped the present phenomenon of a permanent state of national

emergency.

 

     In Title 12, in section 95b you'll find the following

codification of the emergency war powers: The actions, regulations,

rules, licenses, orders and proclamations heretofore or hereafter

taken, promulgated, made, or issued by the President of the United

States or the Secretary of the Treasury since March 4, 1933,

pursuant to the authority conferred by subsection (b) of section 5

of the Act of October 6, 1917, as amended (12 USCS, 95a), are

hereby approved and confirmed.  (March 9, 1933, c. 1, Title 1, 1,

48 Stat. 1)

 

 

     It is clear that the Bankrupt, defacto government of the

united States, which is operating under the War Powers Act and

Executive Orders; not the Constitution for the united States, has

in effect issued under its Admiralty Law, Letters of Marque

(piracy) to its private agencies IRS, ATF, FBI and DEA, with

further enforcement by its officers in the Courts, local police and

sheriffs, waged war against the American People and has classed

Americans as enemy aliens.

 

     The following definition is from BOUVIER'S LAW DICTIONARY (P.

1934) of Letters of Marque, it says: "A commission granted by the

government to a private individual, to take the property of a

foreign state, or of the citizens or subjects of such state, as a

reparation for an injury committed by such state, its citizens or

subjects.  The prizes so captured are divided between the owners of

the privateer, the captain, and the crew.  A vessel to a friendly

port, but armed for its own defence in case of attack by an enemy,

is also called a letter of marque."

 

Words and Phrases, Dictionary

     By the law of nations, an enemy is defined to be "one with

whom a nations at open war."  When the sovereign ruler of a state

declares war against another sovereign, it is understood the whole

nation declares war against that other nation.  All the subjects of

one are enemies to all the subjects of the other, and during the

existence of the war they continue enemies, in whatever country

they may happen to be, "and all persons residing within the

territory occupied by the belligerents, although they are in fact

foreigners, are liable to be treated as enemies."  Grinnan v.

Edwards, 21 W.Va. 347, 357, quoting Vatt. Law.Nat.bk. 3, c. 69-71

 

     So we find ourselves enemies in our own country and subjects

of a king that has conquered our land, with heavy taxation and no

possibility of fair representation.

 

     The government has, through the laws of forfeiture, taken

prize and booty for the king; under the Admiralty Law and Executive

powers as declared by the Law of the Flag.  None of which could

have been done with the built in protection contained in the true

Thirteenth Amendment, which has been kept from the American People.

The fraudulent Amendments and legislation that followed the Civil

War, bankrupted the American People and put the privateers

(banksters) in power, and enforced by the promise of prize and

booty to their partners in crime (government). 

 

The following is the definition of a tyrant.

     Webster's New Universal Unabridged Dictionary defines tyrant

as follows: "1. An absolute ruler; one who seized sovereignty

illegally; a usurper. 2. a cruel oppressive ruler; a despot. 3. one

who exercises his authority in an oppressive manner, a cruel

master."

 

     "When I see that the right and means of absolute command are

conferred on a people or upon a king, upon an aristocracy or a

democracy, a monarchy or republic, I recognize the germ of tyranny,

and I journey onwards to a land of more helpful institutions."

Alexis de Tocqueville, 1 DEMOCRACY IN AMERICA, at 250 [Arlington

House (1965)].

 

 

     So we pick up with paragraph 4, which describes the taxation

under Military Occupation and that you are under Executive control

and are bound under admiralty law by the contracts we enter,

including silent contracts and by Military Occupation. 

 

     Notice the last sentence in paragraph 5, Congress may

establish a temporary government, which is not subject to all the

restrictions of the Constitution.  See also Harvard Law Review -

the Insular Cases.  This means you do not have a Constitutional

government, you have a military dictatorship, controlled by the

President as Commander-in-Chief.  What is another way you can check

out what I am telling you?  Read the following quotes.

 

     "...[T]he United States may acquire territory by conquest or

by treaty, and may govern it through the exercise of the power of

Congress conferred by Section 3 of Article IV of the Constitu-

tion...

     In exercising this power, Congress is not subject to the same

constitutional limitations, as when it is legislating for the

United States.  ...And in general the guaranties of the Consti-

tution, save as they are limitations upon the exercise of executive

and legislative power when exerted for or over our insular

possessions, extend to them only as Congress, in the exercise of

its legislative power over territory belonging to the United

States,  has made those guarantees applicable."

     [Hooven & Allison & Co. vs Evatt, 324 U.S. 652 (1945)

 

     "The idea prevails with some indeed, it found expression in

arguments at the bar that we have in this country substantially or

practically two national governments;  one to be maintained under

the Constitution, with all its restrictions; the other to be

maintained by Congress outside and independently of that instru-

ment, by exercising such powers as other nations of the earth are

accustomed to exercise.

     I take leave to say that if the principles thus announced

should ever receive the sanction of a majority of this court, a

radical and mischievous change in our system of government will be

the result.  We will, in that event, pass from the era of constitu-

tional liberty guarded and protected by a written constitution into

an era of legislative absolutism.

     It will be an evil day for American liberty if the theory of

a government outside of the supreme law of the land finds lodgment

in our constitutional jurisprudence.  No higher duty rests upon

this court than to exert its full authority to prevent all

violation of the principles of the constitution."

     [Downes vs Bidwell, 182 U.S. 244 (1901)]

 

 

 

                       A Military Flag

 

 

     And to further confirm and understand the significance of what

I have told you, you need to understand the fringe on the United

States flag.  Read the following.

 

     First the appearance of our flag is defined in Title 4 sec. 1.

U.S.C..

     "The flag of the United States shall be thirteen horizontal

stripes, alternate red and white; and the union of the flag shall

be forty-eight stars, white in a blue field."  (my note - of course

when new states are admitted, new stars are added.)

     A foot note was added on page 1113 of the same section which

 

says: "Placing of fringe on the national flag, the dimensions of

the flag, and arrangement of the stars are matters of detail not

controlled by statute, but within the discretion of the President

as commander-in-chief of the Army and Navy." 1925, 34 Op.Atty.Gen.

483.

 

     The president, as military commander, can add a yellow fringe

to our flag.  When would this be done?  During time of war.  Why?

A flag with a fringe is an ensign, a military flag.  Read the

following.

 

     "Pursuant to U.S.C. Chapter 1, 2, and 3; Executive Order No.

10834, August 21, 1959, 24 F.R. 6865, a military flag is a flag

that resembles the regular flag of the United States, except that

it has a YELLOW FRINGE, bordered on three sides.  The President of

the United states designates this deviation from the regular flag,

by executive order, and in his capacity as COMMANDER-IN-CHIEF of

the Armed forces."

 

     From the National Encyclopedia, Volume 4:

     "Flag, an emblem of a nation; usually made of cloth and flown

from a staff.  From a military standpoint flags are of two general

classes, those flown from stationary masts over army posts, and

those carried by troops in formation.  The former are referred to

by the general name flags.  The latter are called colors when

carried by dismounted troops.  Colors and Standards are more nearly

square than flags and are made of silk with a knotted Fringe of

Yellow on three sides...use of the flag.  The most general and

appropriate use of the flag is as a symbol of authority and power."

 

     "...The agency of the master is devolved upon him by the law

of the flag.  The same law that confers his authority ascertains

its limits, and the flag at the mast-head is notice to all the

world of the extent of such power to bind the owners or freighters

by his act.  The foreigner who deals with this agent has notice of

that law, and, if he be bound by it, there is not injustice.  His

notice is the national flag which is hoisted on every sea and under

which the master sails into every port, and every circumstance that

connects him with the vessel isolates that vessel in the eyes of

the world, and demonstrates his relation to the owners and

freighters as their agent for a specific purpose and with power

well defined under the national maritime law." Bouvier's Law

Dictionary, 1914.

 

     Don't be thrown by the fact they are talking about the sea,

and that it doesn't apply to land. Admiralty law came on land in

1845 with the Act of 1845 by Congress.  Next a court case:

 

     "Pursuant to the "Law of the Flag", a military flag does

result in jurisdictional implication when flown.  The Plaintiff

cites the following: "Under what is called international law, the

law of the flag, a shipowner who sends his vessel into a foreign

port gives notice by his flag to all who enter into contracts with

the shipmaster that he intends the law of the flag to regulate

those contracts with the shipmaster that he either submit to its

operation or not contract with him or his agent at all." Ruhstrat

v. People, 57 N.E. 41, 45, 185 ILL. 133, 49 LRA 181, 76 AM.

     I have had debates with folks that take great issue with what

 

I have said, they dogmatically say the constitution is the law and

the government is outside the law.  I wish they were right, but

they fail to see or understand that the American people have been

conquered, unknowingly, but conquered all the same.  That is why a

judge will tell you not to bring the Constitution into his court,

or a law dictionary, because he is the law, not the Constitution.

     You have only to read the previous Senates report on National

Emergency, to understand the Constitution and our Constitutional

form of government no longer exists.

 

 

                        Further Evidence

                         Social Security

 

 

     I fail to understand how the American people could have been

so dumbed down as to not see that the Social Security system is

fraudulent and that it is based on socialism, which is the

redistribution of wealth, right out of the communist manifesto.

The Social Security system first, is fraud, it is insolvent and was

never intended to be.  It is used for a national identification

number, and a requirement to receive benefits from the conquers

(king).  The Social Security system is made to look and act like

insurance, all insurance is governed by admiralty law, which is the

kings way of binding those involved with commerce with him.

 

     "The Social Security system may be accurately described as a

form of Social Insurance, enacted pursuant to Congress' power to

"spend money in aid of the 'general welfare'," Helvering vs. Davis

[301 U.S., at 640]

 

     "My judgment accordingly is, that policies of insurance are

within... the admiralty and maritime jurisdiction of the United

States." Federal Judge Story, in DELOVIO VS. BOIT, 7 Federal Cases,

#3776, at page 444 (1815)

 

     You need to know and understand what contribution means in F.I

C. A., Federal Insurance Contribution Act.  Read the following

definition.

 

     Contribution.   Right of one who has discharged a common

liability to recover of another also liable, the aliquot portion

which he ought to pay or bear.  Under principle of "contribution,"

a tort-feasor against whom a judgement is rendered is entitled to

recover proportional shares of judgement from other joint tort-

feasor whose negligence contributed to the injury and who were also

liable to the plaintiff. (cite omitted)  The share of a loss

payable by an insure when contracts with two or more insurers cover

the same loss.  The insurer's share of a loss under a coinsurance

or similar provision.  The sharing of a loss or payment among

several.  The act of any one or several of a number of co-debtors,

co-sureties, etc., in reimbursing one of their number who has paid

the whole debt or suffered the whole liability, each to the extent

of his proportionate share. (Blacks Law Dictionary 6th ed.)

 

     Thereby making you obligated for the national debt.  The

Social Security system is one of the contractual nexus' between you

and the king.  Because you are involved in the kings commerce and

have asked voluntarily for his protection, you have accomplished

the following.  You have admitted that you are equally responsible

for having caused the national debt and that you are a wrong doer,

 

as defined by the above legal definition.  You have admitted to

being a Fourteenth Amendment citizen, who only has civil rights

granted by the king.  By being a Fourteenth Amendment citizen, you

have agreed that you do not have standing in court to question the

national debt.  Keep in mind this is beyond the status of our

country and people, which I covered earlier in this paper.  We are

in this system of law because of the conquest of our country.

 

     Congress has transferred its Constitutional obligation of

coining money to the federal reserve, the representatives of the

king, this began after the Civil War and the overturning of the

U.S. Constitution, as a result of CONGEST.  You have used this fiat

money without objection, which is a commercial benefit, supplied by

the kings bankers.  Fiat money has no real value, other than the

faith in it, and you CANNOT pay a debt with fiat money, because it

is a debt instrument.  A federal reserve note is a promise to pay

and is only evidence of debt.  The benefit you have received is you

are allowed to discharge your debt, which means you pass on

financial servitude to someone else.  The someone else is our

children.

 

     When you go to the grocery store and hand the clerk a fifty

dollar federal reserve note you have stolen the groceries and

passed fifty dollars of debt to the seller.  Americans try to

acquire as much of this fiat money as they can.  If Americans were

aware of this; it wouldn't matter to them, because they don't care

if the merchandise is stolen as long as it is legal.  But what

happens if the system fails?  Those with the most fiat money or

real property, which was obtained with fiat money will be forfeited

to the king, everything that was obtained with this fiat money

reverts back to the king temporary, I will explain in the

conclusion of this paper.  Because use of his fiat money is a

benefit, supplied by the king's bankers; it all transfers back to

the king.  The king's claim to the increase in this country comes

from the original Charter of 1606.  But, it is all hidden, black is

white and white is black, wealth is actually debt and financial

slavery.

 

     For those that do not have a Social Security number or think

they have rescinded it, you are no better off.  As far as the king

is concerned you are subject to him also.  Why?  Well, just to list

a couple of reasons other than conquest.  You use his money and as

I said before, this is discharging debt, without prosecution.  You

use the goods and services that were obtained by this fiat money,

to enrich your life style and sustain yourself.  You drive or

travel, which ever definition you want to use, on the king's

highways and roads for pleasure and to earn a living; meaning you

are involved in the king's commerce.  On top of these reasons which

are based on received benefits, this country HAS BEEN CONQUERED!

 

     I know a lot of patriots won't like this.  Your (our) argument

has been that the government has and is operating outside of the

law (United States Constitution).  Believe me I don't like sounding

like the devils advocate, but as far as international law goes; and

 

the laws that govern War between countries, the king/queen of

England rule this country, first by financial servitude and then by

actual Conquest and Military Occupation.  The Civil War was the

beginning of the Conquest, as evidenced by the Fourteenth

Amendment.  This Amendment did several things, as already

mentioned.  It created the only citizenship available to the

conquered and declared that these citizens had no standing in any

court to challenge the monetary policies of the new government.

Why?  So the king would always receive his gain from his Commercial

venture.  The Amendment also eliminated your use of natural rights

and gave the Conquered civil rights.  The Conquered are governed by

public policy, instead of Republic of self-government under God

Almighty.  Your argument that this can't be, is frivolous and

without merit, the evidence is conclusive. 

 

    

     Nothing has changed since before the Revolutionary War.

 

     All persons whose activities in King's Commerce are such that

they fall under this marine-like environment, are into an invisible

Admiralty Jurisdiction Contract.  Admiralty Jurisdiction is the

KING'S COMMERCE of the High Seas, and if the King is a party to the

sea-based Commerce (such as by the King having financed your ship,

or the ship is carrying the King's guns), then that Commerce is

properly governed by the special rules applicable to Admiralty

Jurisdiction.  But as for that slice of Commerce going on out on

the High Seas without the King as a party, that Commerce is called

Maritime Jurisdiction, and so Maritime is the private Commerce that

transpires in a marine environment.  At least, that distinction

between Admiralty and Maritime is the way things once were, but no

more.  George Mercier, Invisible Contracts, 1984.

 

     What Lincoln and Jefferson said about the true American danger

was very prophetic.

 

      "All the armies of Europe, Asia and Africa combined could

not, by force, take a drink from the Ohio, or make a track on the

Blue Ridge in a trial of a thousand years.  At what point then is

the approach of danger to be expected? I answer, if it ever reach

us it must spring up amongst us.  It cannot come from abroad.  If

destruction be our lot, we ourselves must be its author and

finisher. Abraham Lincoln

 

     "Our rulers will become corrupt, our people careless... the

time for fixing every essential right on a legal basis is [now]

while our rulers are honest, and ourselves united.  From the

conclusion of this war we shall be going downhill.  It will not

then be necessary to resort every moment to the people for support.

They will be forgotten, therefore, and their rights disregarded.

They will forget themselves, but in the sole faculty of making

money, and will never think of uniting to effect a due respect for

their rights.  The shackles, therefore, which shall not be knocked

off at the conclusion of this war, will remain on us long, will be

made heavier and heavier, till our rights shall revive or expire in

a convulsion. Thomas Jefferson

 

     Below are the political platforms of the Democrats and the

Republicans, as you can see there is no difference between the two,

 

plain socialism.  They are both leading America to a World

government, just as Cornwallis said, and that government will be

the British empire or promoted by the British.

 

     "We have built foundations for the security of those who are

faced with the hazards of unemployment and old age; for the

orphaned, the crippled, and the blind.  On the foundation of the

Social Security Act we are determined to erect a structure of

economic security for all our people, making sure that this benefit

shall keep step with the ever increasing capacity of America to

provide a high standard of living for all its citizens." DEMOCRATIC

PARTY PLATFORM OF 1936, at page 360, infra.

 

     "Real security will be possible only when our productive

capacity is sufficient to furnish a decent standard of living for

all American families and to provide a surplus for future needs and

contingencies.  For the attainment of that ultimate objective, we

look to the energy, self-reliance and character of our people, and

to our system of free enterprise.

     "Society has an obligation to promote the security of the

people, by affording some measure of protection against involuntary

unemployment and dependency in old age.  The NEW DEAL policies,

while purporting to provide social security, have, in fact,

endangered it.

     "We propose a system of old age security, based upon the

following principles:

          1.   We approve a PAY AS YOU GO policy, which requires of

each generation the support of the aged and the determination of

what is just and adequate.

          2.   Every American citizen over 65 should receive a

supplemental payment necessary to provide a minimum income

sufficient to protect him or her from want.

          3.   Each state and territory, upon complying with simple

and general minimum standards, should receive from the Federal

Government a graduated contribution in proportion to its own, up to

a fixed maximum.

          4.   To make this program consistent with sound fiscal

policy the Federal revenues for this purpose must be provided from

the proceeds of a direct tax widely distributed.  All will be

benefitted and all should contribute.

     "We propose to encourage adoption by the states and

territories of honest and practical measures for meeting the

problems of employment insurance.

     "The unemployment insurance and old age annuity of the present

Social Security Act are unworkable and deny benefits to about

two-thirds of our adult population, including professional men and

women and all engaged in agriculture and domestic service, and the

self-employed, while imposing heavy tax burdens upon all."

          -    REPUBLICAN PARTY PLATFORM OF 1936, at page 366.

Both PLATFORMS appear in NATIONAL PARTY PLATFORMS -- 1840 TO 1972;

compiled by Ronald Miller [University of Illinois Press, Urbana,

Illinois (1973)

 

 

                           CONCLUSION

 

     Jesus gave us the most profound warning and advise of all

time, Hosea 4:6 "My people are destroyed by a lack of knowledge."

This being our understanding and spiritual development in His Word.

When applied to the many facets of life, His Word exposes all of

 

life's pit falls.  Jesus Christ's Word covers all aspects of life.

 

     The working class during the 1700's were far more educated

than now, but this was still not enough to protect them from the

secret subterfuge practiced by the lawyers and bankers.  Only with

understanding of Jesus Christ's Word, can the evil application of

man's law be exposed and understood for what it is.  This is why

Jesus Christ also warned of the beguilement of the lawyers and the

deceit and deception they practice. 

 

     Another reason, the working class have been unable to

understand their enslavement, is because of the time spent working

for a living.  At wages supplied by the upper class, sufficient to

live and even prosper, but never enough to attain upper class

status.  This is basic class warfare.  This system is protected by

the upper class controlling public education, to limit and focus

the working class's knowledge, to maintain class separation. 

 

     What does this have to do with this paper?  Everything!  This

is the reason our upper class fore fathers submitted to the king in

the Treaty of 1783.  After this Treaty and up to the Civil War, the

working class were busy making this the greatest Country in the

history of the world.  You see they believed they were free, a

freeman will work much harder than a man that is subject or a

slave.  As a whole, the working class were not paying attention to

what the government was doing, including its Treaties and laws.

This allowed time for the banking procedures and laws to be put in

place over time, while the nation slept, so the nation could be

conquered during the Civil War.  The only way to regain this county

is with the re-education of the working class, so they can make

informed decisions and vote the mis-managers of our government out

of office.  We could then reverse the post Civil War socialist laws

and the one world government laws, that have been gradually put in

place since the Civil War.  Until the defeat of America is

recognized, victory will never be attainable.  Only through

reliance by faith on Jesus Christ and the teaching of His Kingdom

will we realize our freedom.  As I said earlier, just as this

Country has been conquered, when Jesus Christ returns he conquers

all nations and takes possession of His Kingdom and rules them with

a rod of iron (Rev. 11:15-18).  His right of ownership is enforced

by THE LAW, God Almighty.

 

The preceding 11214 words are not to be changed or altered in any

way, exept by permission of the author, James Montgomery.  I can be

reached through Knowledge is Freedom BBS.

 

     "...And to preserve their independence, we must not let our

rulers load us with perpetual debt.  We must make our election

between economy and liberty or profusion and servitude.  If we run

into such debts as that we must be taxed in our meat and in our

drink, in our necessaries and our comforts, in our labors and our

amusements, for our callings and our creeds, as the people of

England are, our people, like them, must come to labor sixteen

hours in the twenty-four, and give the earnings of fifteen of these

to the government for their debts and daily expenses; and the

 

sixteenth being insufficient to afford us bread, we must live, as

they now do, on oatmeal and potatoes; have not time to think, no

means of calling the mismanager's to account; but be glad to obtain

subsistence by hiring ourselves to rivet their chains on the necks

of our fellow sufferers..."

(Thomas Jefferson) THE MAKING OF AMERICA, p. 395

 

 

                            FOOTNOTES

 

 

Footnote 1

                        FIRST CHARTER OF VIRGINIA

                                  (1606)

 

          [This charter, granted by King James I. on April 10,

1606, to the oldest of the English colonies in America, is a

typical example of the documents issued by the British government,

authorizing

     "Adventurers" to establish plantations in the New world. The

name "Virginia" was at that time applied to all that part of North

America claimed by Great Britain.]

 

     I JAMES, by the Grace of God, King of England, Scotland,

France and Ireland, Defender of the Faith, &c. WHEREAS our loving

and well-disposed Subjects, Sir Thomas Gates, and Sir George

Somers, Knights, Richard Hackluit, Prebendary of Westminster, and

Edward-Maria Wingfield, Thomas Hanham, and Ralegh Gilbert, Esqrs.

William Parker, and George Popham, Gentlemen, and divers others of

our loving Subjects, have been humble Suitors unto us, that We

would vouchsafe unto them our License (authors footnote: remember

a license granted by the king is a privilege), to make Habitation,

Plantation, and to deduce a Colony of sundry of our People into

that Part of America, commonly called VIRGINIA, and other Parts and

Territories in America, either appertaining unto us, or which are

not now actually possessed by any Christian Prince or People,

situate, lying, and being all along the Sea Coasts, between four

and thirty Degrees of Northerly Latitude from the Equinoctial Line,

and five and forty Degrees of the same Latitude, and in the main

Land between the same four and thirty and five and forty Degrees,

and the Islands thereunto adjacent, or within one hundred Miles of

the Coasts thereof;

     II.  And to that End, and for the more speedy Accomplishment

of their said intended Plantation and Habitation there, are

desirous to divide themselves into two several Colonies and

Companies; The one consisting of certain Knights, Gentlemen,

Merchants, and other Adventurers, of our City of London and

elsewhere, which are, and from time to time shall be, joined unto

them, which do desire to begin their Plantation and Habitation in

some fit and convenient Place, between four and thirty and one and

forty Degrees of the said Latitude, along the Coasts of Virginia

and Coasts of America aforesaid; And the other consisting of sundry

Knights, Gentlemen, Merchants, and other Adventurers, of our Cities

of Bristol and Exeter, and of our Town of Plimouth, and of other

Places, which do join themselves unto that Colony, which do desire

to begin their Plantation and Habitation in some fit and convenient

Place, between eight and thirty Degrees and five and forty Degrees

of the said Latitude, all alongst the said Coast of Virginia and

America, as that Coast lyeth:

 

     III. We, greatly commending, and graciously accepting of,

their Desires for the Furtherance of so noble a Work, which may, by

the Providence of Almighty God, hereafter tend to the Glory of his

Divine Majesty, in propagating of Christian Religion to such

People, as yet live in Darkness and miserable Ignorance of the true

Knowledge and Worship of God, and may in time bring the Infidels

and Savages, living in those Parts, to human Civility, and to a

settled and quiet Government; DO, by these our Letters Patents,

graciously accept of, and agree to, their humble and well-intended

Desires;

     IV. And do therefore, for Us, our Heirs, and Successors, GRANT

and agree, that the said Sir Thomas Gates, Sir George Somers,

Richard Hackluit, and Edward-Maria Wingfield, Adventurers of and

for our City of London, and all such others, as are, or shall be,

joined unto them of that Colony, shall be called the first Colony;

And they shall and may begin their said first Plantation and

Habitation, at any Place upon the said Coast of Virginia or

America, where they shall think fit and convenient, between the

said four and thirty and one and forty Degrees of the said

Latitude; And that they shall have all the Lands, Woods, Soil,

Grounds, Havens, Ports, Rivers, Mines, Minerals, Marshes, Waters,

Fishings, Commodities, and Hereditaments, whatsoever, from the said

first Seat of their Plantation and Habitation by the Space of fifty

Miles of English Statute Measure, all along the said Coast of

Virginia and America, towards the West and South west, as the Coast

lyeth, with all the Islands within one hundred Miles directly over

against the same Sea Coast; And also all the Lands, Soil, Grounds,

Havens, Ports, Rivers, Mines, Minerals, Woods, Waters, Marshes,

Fishings, Commodities, and Hereditaments, whatsoever, from the said

Place of their first Plantation and Habitation for the space of

fifty like English Miles all alongst the said Coast of Virginia and

America, towards the East and Northeast, or towards the North, as

the Coast lyeth, together with all the Islands within one hundred

Miles, directly over against the said Sea Coast; And also all the

Lands, Woods, Soil, Grounds, Havens, Ports, Rivers, Mines,

Minerals, Marshes,Waters, Fishings, Commodities, and Hereditaments,

whatsoever, from the same fifty Miles every way on the Sea Coast,

directly into the main Land by the Space of one hundred like

English Miles; And shall and may inhabit and remain there; and

shall and may also build and fortify within any the same, for their

better Safeguard and Defence, according to their best Discretion,

and the Discretion of the Council of that Colony; And that no other

of our Subjects shall be permitted, or suffered, to plant or

inhabit behind, or on the Backside of them, towards the main Land,

without the Express License or Consent of the Council of that

Colony, thereunto in Writing first had and obtained.

     V. And we do likewise, for Us, our Heirs, and Successors, by

these Presents, GRANT and agree, that the said Thomas Hanham, and

Ralegh Gilbert, William Parker, and George Popham, and all others

of the Town of Plimouth in the County of Devon, or else-where,

 

which are, or shall be, joined unto them of that Colony, shall be

called the second Colony; And that they shall and may begin their

said Plantation and Seat of their first Abode and Habitation, at

any Place upon the said Coast of Virginia and America, where they

shall think fit and convenient, between eight and thirty Degrees of

the said Latitude, and five and forty Degrees of the same Latitude;

And that they shall have all the Lands, Soils, Grounds, Havens,

Ports, Rivers, Mines, Minerals, Woods, Marshes, Waters, Fishings,

Commodities, and Hereditaments, whatsoever from the first Seat of

their Plantation and Habitation by the Space of fifty like English

Miles as is aforesaid, all alongst the said Coast of Virginia and

America, towards the West and Southwest, or towards the South, as

the Coast lyeth, and all the Islands within one hundred Miles,

directly over against the said Sea Coast; And also all the Lands,

Soils, Grounds, Havens, Ports, Rivers, Mines, Minerals, Woods,

Marshes, Waters, Fishings, Commodities, and Hereditaments,

whatsoever, from the said Place of their first Plantation and

Habitation for the Space of fifty like Miles, all amongst the said

Coast of Virginia and America, towards the East and Northeast, or

towards the North, as the Coast lyeth, and all the Islands also

within one hundred Miles directly over against the same Sea Coast;

And also all the Lands, Soils, Grounds, Havens, Ports, Rivers,

Woods, Mines, Minerals, Marshes, Waters, Fishings, Commodities, and

Hereditaments, whatsoever, from the same fifty Miles every way on

the Sea Coast, directly into the main Land, by the Space of one

hundred like English Miles; And shall and may inhabit and remain

there; and shall and may also build and fortify within any the

same for their better Safeguard, according to their best

Discretion, and the Discretion of the Council of that Colony; And

that none of our Subjects shall be permitted, or suffered, to plant

or inhabit behind, or on the back of them, towards the main Land,

without the express License of the Council of that Colony, in

Writing thereunto first had and obtained.

     VI.  Provided always, and our Will and Pleasure herein is,

that the Plantation and Habitation of such of the said Colonies, as

shall last plant themselves, as aforesaid, shall not be made within

one hundred like English Miles of the other of them, that first

began to make their Plantation, as aforesaid.

     VII. And we do also ordain, establish, and agree, for Us, our

Heirs, and Successors, that each of the said Colonies shall have a

Council, which shall govern and order all Matters and Causes, which

shall arise, grow, or happen, to or within the same several

Colonies, according to such Laws, Ordinances, and Instructions, as

shall be, in that behalf, given and signed with Our Hand or Sign

Manual, and pass under the Privy Seal of our Realm of England; Each

of which Councils shall consist of thirteen Persons, to be

ordained, made, and removed, from time to time, according as shall

be directed, and comprised in the same instructions; And shall have

a several Seal, for all Matters that shall pass or concern the same

 

several Councils; Each of which Seals shall have the King's Arms

engraven on the one Side thereof, and his Portraiture on the other

And that the Seal for the Council of the said first Colony shall

have engraven round about, on the one side, these Words; Sigillum

Regis Magnae Britanniae, Franciae, & Hiberniae; on the other Side

this Inscription, round about; Pro Concilio primae Coloniae

Virginiae. And the seal for the Council of the said second Colony

shall also have engraven, round about the one Side thereof, the

aforesaid Words; Sigillum Regis Magnae, Britanniae, Franciae,

& Hiberniae; and on the other Side; Pro Concilio secundae Coloniae

Virginiae:

     VIII. And that also there shall be a Council established here

in England, which shall, in like Manner, consist of thirteen

Persons, to be, for that Purpose, appointed by Us, our Heirs and

Successors, which shall be called our Council of Virginia; And

shall, from time to time, have the superior Managing and Direction,

only of and for all Matters, that shall or may concern the

Government, as well of the said several Colonies, as of and for any

other Part or Place, within the aforesaid Precincts of four and

thirty and five and forty Degrees, above-mentioned; Which Council

shall, in like manner, have a Seal, for Matters concerning the

Council of Colonies, with the like Arms and Portraiture, as

aforesaid, with this Inscription, engraven round about on the one

Side; Sigillum Regis Magnae Britanniae, Franciae, & Hiberniae; and

round about the other side, Pro Concilio suo Virginiae.

     IX. And moreover, we do GRANT and agree, for Us, our Heirs and

Successors, that the said several Councils, of and for the said

several Colonies, shall and lawfully may, by Virtue hereof, from

time to time, without any Interruption of Us, our Heirs, or

Successors, give and take Order, to dig, mine, and search for all

Manner of Mines of Gold, Silver, and Copper, as well within any

part of their said several Colonies, as for the said main Lands on

the Back-side of the same Colonies; And to Have and enjoy the Gold,

Silver, and Copper, to be gotten thereof, to the Use and Behoof of

the same Colonies, and the Plantations thereof; YIELDING therefore,

to Us, our Heirs and Successors, the fifth Part only of all the

same Gold and Silver, and the fifteenth Part of all the same

Copper, so to be gotten or had, as is aforesaid, without any other

Manner or Profit or Account, to be given or yielded to Us, our

Heirs, or Successors, for or in Respect of the same:

     X. And that they shall, or lawfully may, establish and cause

to be made a Coin, to pass current there between the People of

those several Colonies, for the more Ease of Traffick and

Bargaining between and amongst them and the Natives there, of such

Metal, and in such Manner and Form, as the said several Councils

there shall limit and appoint.

     XI.  And we do likewise, for Us, our Heirs, and Successors, by

these Presents, give full Power and Authority to the said Sir

Thomas Gates, Sir George Somers, Richard Hackluit, Edward-Maria

Wingfield, Thomas Hanham, Ralegh Gilbert, William Parker, and

George Popham, and to every of them, and to the said several

 

Companies, Plantations, and Colonies, that they, and every of them,

shall and may, at all and every time and times hereafter, have,

take, and lead in the said Voyage, and for and towards the said

several Plantations and Colonies, and to travel thitherward, and

to abide and inhabit there, in every the said Colonies and

Plantations, such and so many of our Subjects, as shall willingly

accompany them, or any of them, in the said Voyages and

Plantations; With sufficient Shipping and Furniture of Armour,

Weapons, Ordinance, Powder, Victual, and all other things,

necessary for the said Plantations, and for their Use and Defence

there: PROVIDED always, that none of the said Persons be such, as

shall hereafter be specially restrained by Us, our Heirs, or

Successors.

     XII. Moreover, we do, by these Presents, for Us, our Heirs,

and Successors, GIVE AND GRANT License unto the said Sir Thomas

Gates, Sir George Somers, Richard Hackluit, Edward-Maria Wingfield,

Thomas Hanham, Ralegh Gilbert, William Parker, and George Popham,

and to every of the said Colonies, that they, and every of them,

shall and may, from time to time, and at all times for ever

hereafter, for their several Defences, encounter, expulse, repel,

and resist, as well by Sea as by Land, by all Ways and Means

whatsoever, all and every such Person and Persons, as without the

especial License of the said several Colonies and Plantations,

shall attempt to inhabit within the said several Precincts and

Limits of the said several Colonies and Plantations, or any of

them, or that shall enterprise or attempt, at any time hereafter,

the Hurt, Detriment, or Annoyance, of the said several Colonies or

Plantations.

     XIII. Giving and granting, by these Presents, unto the said

Sir Thomas Gates, Sir George Somers, Richard Hackluit, Edward-Maria

Wingfield, and their Associates of the said first Colony, and unto

the said Thomas Hanham, Ralegh Gilbert, William Parker, and George

Popham, and their Associates of the said second Colony, and to

every of them, from time to time, and at all times for ever

hereafter, Power and Authority to take and surprise, by all Ways

and Means whatsoever, all and every Person and Persons, with their

Ships, Vessels, Goods and other Furniture, which shall be found

trafficking, into any Harbour or Harbours, Creek or Creeks, or

Place, within the Limits or Precincts of the said several Colonies

and Plantations, not being of the same Colony, until such time, as

they, being of any Realms or Dominions under our Obedience, shall

pay, or agree to pay, to the Hands of the Treasurer of that Colony,

within whose Limits and Precincts they shall so traffick, two and

a half upon every Hundred, of any thing, so by them trafficked,

bought, or sold; And being Strangers, and not Subjects under our

Obeysance, until they shall pay five upon every Hundred, of such

Wares and Merchandise, as they shall traffick, buy, or sell, within

the Precincts of the said several Colonies, wherein they shall so

traffick, buy, or sell, as aforesaid, WHICH Sums of Money, or

Benefit, as aforesaid, for and during the Space of one and twenty

Years, next ensuing the Date hereof, shall be wholly emploied to

 

the Use, Benefit, and Behoof of the said several Plantations, where

such Traffick shall be made; And after the said one and twenty

Years ended, the same shall be taken to the Use of Us, our Heirs,

and Successors, by such Officers and Ministers, as by Us, our

Heirs, and Successors, shall be thereunto assigned or appointed.

     XIV. And we do further, by these Presents, for Us, our Heirs,

and Successors, GIVE AND GRANT unto the said Sir Thomas Gates, Sir

George Somers, Richard Hackluit, and Edward-Maria Wingfield, and to

their Associates of the said first Colony and Plantation, and to

the said Thomas Hanham, Ralegh Gilbert, William Parker, and George

Popham, and their Associates of the said second Colony and

Plantation, that they, and every of them, by their Deputies,

Ministers and Factors, may transport the Goods, Chattels, Armour,

Munition, and Furniture, needful to be used by them, for their said

Apparel, Food, Defence, or otherwise in Respect of the said

Plantations, out of our Realms of England and Ireland, and all

other our Dominions, from time to time, for and during the Time of

seven Years, next ensuing the Date hereof, for the better Relief of

the said several Colonies and Plantations, without any Custom,

Subsidy, or other Duty, unto Us, our Heirs, or Successors, to be

yielded or paid for the same.

 

     XV.  Also we do, for Us, our Heirs, and Successors, DECLARE,

by these Presents, that all and every the Persons, being our

Subjects, which shall dwell and inhabit within every or any of the

said several Colonies and Plantations, and every of their children,

which shall happen to be born within any of the Limits and

Precincts of the said several Colonies and Plantations, shall HAVE

and enjoy all Liberties, Franchises, and Immunities, within any of

our other Dominions, to all Intents and Purposes, as if they had

been abiding and born, within this our Realm of England, or any

other of our said Dominions.

     XVI. Moreover, our gracious Will and Pleasure is, and we do,

by these Presents, for Us, our Heirs, and Successors, declare and

set forth, that if any Person or Persons, which shall be of any of

the said Colonies and Plantations, or any other, which shall

traffick to the said Colonies and Plantations, or any of them,

shall, at any time or times hereafter, transport any Wares,

Merchandises, or Commodities, out of any of our Dominions, with a

Pretence to land, sell, or otherwise dispose of the same, within

any the Limits and Precincts of any the said Colonies and

Plantations, and yet nevertheless, being at Sea, or after he hath

landed the same within any of the said Colonies and Plantations,

shall carry the same into any other Foreign Country, with a Purpose

there to sell or dispose of the same, without the License of Us,

our Heirs, and Successors, in that Behalf first had and obtained;

That then, all the Goods and Chattels of such Person or Persons, so

offending and transporting, together with the said Ship or Vessel,

wherein such Transportation was made, shall be forfeited to Us, our

Heirs, and Successors.

     XVII. Provided always, and our Will and Pleasure is, and we do

hereby declare to all Christian Kings, Princes, and States, that if

 

any Person or Persons, which shall hereafter be of any of the said

several Colonies and Plantations, or any other, by his, their or

any of their License and Appointment, shall, at any time or times

hereafter, rob or spoil, by Sea or by Land, or do any Act of unjust

and unlawful Hostility, to any the Subjects of Us, our Heirs, or

Successors, or any the Subjects of any King, Prince, Ruler,

Governor, or State, being then in League or Amity with Us, our

Heirs, or Successors, and that upon such Injury, or upon just

Complaint of such Prince, Ruler, Governor, or State, or their

Subjects, We, our Heirs, or Successors, shall make open

Proclamation, within any of the Ports of our Realm of England,

commodious for that Purpose, That the said Person or Persons,

having committed any such Robbery or Spoil, shall, within the Term

to be limited by such Proclamations make full Restitution or

Satisfaction of all such Injuries done, so as the said Princes, or

others, so complaining, may hold themselves fully satisfied and

contented; And that, if the said Person or Persons, having

committed such Robbery or Spoil, shall not make, or cause to be

made, Satisfaction accordingly, within such Time so to be limited,

That then it shall be lawful to Us, our Heirs, and Successors, to

put the said Person or Persons, having committed such Robbery or

Spoil, and their Procurers, Abetters, or Comforters, out of our

Allegiance and Protection; And that it shall be lawful and free,

for all Princes and others, to pursue with Hostility the said

Offenders, and every of them, and their and every of their

Procurers, Aiders, Abetters, and Comforters, in that Behalf.

     XVIII. And finally, we do, for Us, our Heirs, and Successors,

GRANT and agree, to and with the said Sir Thomas Gates, Sir George

Somers, Richard Hackluit, and Edward-Maria Wingfield, and all

others of the said first Colony, that We, our Heirs, and

Successors, upon Petition in that Behalf to be made, shall, by

Letters-patent under the Great Seal of England, GIVE and GRANT unto

such Persons, their Heirs, and Assigns, as the Council of that

Colony, or the most Part of them, shall, for that Purpose nominate

and assign, all the Lands, Tenements, and Hereditaments, which

shall be within the Precincts limited for that Colony, as is

aforesaid, TO BE HOLDEN OF US, our Heirs, and Successors, as of our

Manor at East-Greenwich in the County of Kent, in free and common

Soccage only, and not in Capite:

     XIX. And do, in like Manner, Grant and Agree, for Us, our

Heirs, and Successors, to and with the said Thomas Hanham, Ralegh

Gilbert, William Parker, and George Popham, and all others of the

said second Colony, That We, our Heirs, and Successors, upon

Petition in that Behalf to be made, shall, by Letters-patent under

the Great Seal of England, GIVE and GRANT unto such Persons, their

Heirs, and Assigns, as the Council of that Colony, or the most Part

of them, shall, for that Purpose, nominate and assign, all the

Lands, Tenements, and Hereditaments, which shall be within the

Precincts limited for that Colony, as is aforesaid TO BE HOLDEN OF

US, our Heirs, and Successors, as of our Manour of East-Greenwich

 

in the County of Kent, in free and common Soccage only, and not in

Capite.

     XX.  All which Lands, Tenements, and Hereditaments, so to be

passed by the said several Letters-patent, shall be sufficient

Assurance from the said Patentees, so distributed and divided

amongst the Undertakers for the Plantation of the said several

Colonies, and such as shall make their Plantations in either of the

said several Colonies, in such Manner and Form, and for such

Estates, as shall be ordered and set down by the Council of the

said Colony, or the most Part of them, respectively, within which

the same Lands, Tenements, and Hereditaments shall lye or be;

Although express Mention of the true yearly Value or Certainty of

the Premises, or any of them, or of any other Gifts or Grants, by

Us or any of our Progenitors or Predecessors, to the aforesaid Sir

Thomas Gates, Knt. Sir George Somers, Knt. Richard Hackluit,

Edward-Maria Wingfield, Thomas Hanham, Ralegh Gilbert, William

Parker, and George Popham, or any of them, heretofore made, in

these Presents, is not made; Or any Statute, Act, Ordinance, or

Provision, Proclamation, or Restraint, to the contrary hereof had,

made, ordained, or any other Thing, Cause, or Matter whatsoever, in

any wise notwithstanding. In Witness whereof we have caused these

our Letters to be made Patents; Witness Ourself at Westminster, the

tenth Day of April, in the fourth Year of our Reign of England,

France, and Ireland, and of Scotland the nine and thirtieth.

 

 

Footnote 2

 

THE PARIS PEACE TREATY (PEACE TREATY of 1783): 

 

     In the name of the most holy and undivided Trinity. 

 

     It having pleased the Divine Providence to dispose the hearts

of the most serene and most potent Prince George the Third, by  

the grace of God, king of Great Britain, France, and Ireland,  

defender of the faith, duke of Brunswick and Lunebourg, arch- 

treasurer and prince elector of the Holy Roman Empire etc., and  

of the United States of America, to forget all past

misunderstandings and differences that have unhappily interrupted

the good correspondence and friendship which they mutually wish to

restore, and to establish such a beneficial and satisfactory

intercourse, between the two countries upon the ground of

reciprocal advantages and mutual convenience as may promote and

secure to both perpetual peace and harmony; and having for this

desirable end already laid the foundation of peace and

reconciliation by the Provisional Articles signed at Paris on the

30th of November 1782, by the commissioners empowered on each part,

which articles were agreed to be inserted in and constitute the

Treaty of Peace proposed to be concluded between the Crown of Great

Britain and the said United States, but which Treaty was not to be

concluded until terms of peace should be agreed upon between Great

Britain and France and his Britannic Majesty should be ready to

conclude such Treaty accordingly; and the Treaty between Great

Britain and France having since been concluded, his Britannic

Majesty and the United States of America, in order to carry into

full effect the Provisional Articles above mentioned, according to

 

the tenor thereof, have constituted and appointed, that is to say

his Britannic Majesty on his part, David Hartley, Esqr., member of

the Parliament of Great Britain, and the said United States on  

their part, John Adams, Esqr., late a commissioner of the United 

States of America at the court of Versailles, late delegate in  

Congress from the state of Massachusetts, and chief justice of  

the said state, and minister plenipotentiary of the said United  

States to their high mightinesses the States General of the  

United Netherlands; Benjamin Franklin, Esqr., late delegate in  

Congress from the state of Pennsylvania, president of the  

convention of the said state, and minister plenipotentiary from  

the United States of America at the court of Versailles; John  

Jay, Esqr., late president of Congress and chief justice of the  

state of New York, and minister plenipotentiary from the said  

United States at the court of Madrid; to be plenipotentiaries  

for the concluding and signing the present definitive Treaty;  

who after having reciprocally communicated their respective  

full powers have agreed upon and confirmed the following articles.

 

 

Article 1: 

 

     His Brittanic Majesty acknowledges the said United States,  

viz., New Hampshire, Massachusetts Bay, Rhode Island and  

Providence Plantations, Connecticut, New York, New Jersey,  

Pennsylvania, Maryland, Virginia, North Carolina, South Carolina 

and Georgia, to be free sovereign and independent states, that  

he treats with them as such, and for himself, his heirs, and  

successors, relinquishes all claims to the government, propriety,

and territorial rights of the same and every part thereof. 

 

Article 2: 

 

     And that all disputes which might arise in future on the  

subject of the boundaries of the said United States may be  

prevented, it is hereby agreed and declared, that the following  

are and shall be their boundaries, viz.; from the northwest  

angle of Nova Scotia, viz., that nagle which is formed by a line 

drawn due north from the source of St. Croix River to the  

highlands; along the said highlands which divide those rivers  

that empty themselves into the river St. Lawrence, from those  

which fall into the Atlantic Ocean, to the northwesternmost head 

of Connecticut River; thence down along the middle of that river 

to the forty-fifth degree of north latitude; from thence by a  

line due west on said latitude until it strikes the river  

Iroquois or Cataraquy; thence along the middle of said river  

into Lake Ontario; through the middle of said lake until it  

strikes the communication by water between that lake and Lake  

Erie; thence along the middle of said communication into Lake  

Erie, through the middle of said lake until it arrives at the  

water communication between that lake and Lake Huron; thence  

along the middle of said water communication into Lake Huron,  

thence through the middle of said lake to the water communication

between that lake and Lake Superior; thence through Lake Superior

northward of the Isles Royal and Phelipeaux to the Long Lake;  

 

thence through the middle of said Long Lake and the water  

communication between it and the Lake of the Woods, to the said  

Lake of the Woods; thence through the said lake to the most  

northwesternmost point thereof, and from thence on a due west  

course to the river Mississippi; thence by a line to be drawn  

along the middle of the said river Mississippi until it shall  

intersect the northernmost part of the thirty-first degree of  

north latitude, South, by a line to be drawn due east from the  

determination of the line last mentioned in the latitude of  

thirty-one degrees of the equator, to the middle of the river  

Apalachicola or Catahouche; thence along the middle thereof to  

its junction with the Flint River, thence straight to the head  

of Saint Mary's River; and thence down along the middle of Saint 

Mary's River to the Atlantic Ocean; east, by a line to be drawn  

along the middle of the river Saint Croix, from its mouth in the 

Bay of Fundy to its source, and from its source directly north  

to the aforesaid highlands which divide the rivers that fall  

into the Atlantic Ocean from those which fall into the river  

Saint Lawrence; comprehending all islands within twenty leagues  

of any part of the shores of the United States, and lying  

between lines to be drawn due east from the points where the  

aforesaid boundaries between Nova Scotia on the one part and  

East Florida on the other shall, respectively, touch the Bay  

of Fundy and the Atlantic Ocean, excepting such islands as now  

are or heretofore have been within the limits of the said  

province of Nova Scotia. 

 

Article 3: 

 

     It is agreed that the people of the United States shall  

continue to enjoy unmolested the right to take fish of every  

kind on the Grand Bank and on all the other banks of Newfoundland,

also in the Gulf of Saint Lawrence and at all other places in  

the sea, where the inhabitants of both countries used at any  

time heretofore to fish.  And also that the inhabitants of the  

United States shall have liberty to take fish of every kind on  

such part of the coast of Newfoundland as British fishermen shall

use, (but not to dry or cure the same on that island) and also  

on the coasts, bays and creeks of all other of his Brittanic  

Majesty's dominions in America; and that the American fishermen  

shall have liberty to dry and cure fish in any of the unsettled  

bays, harbors, and creeks of Nova Scotia, Magdalen Islands, and  

Labrador, so long as the same shall remain unsettled, but so soon

as the same or either of them shall be settled, it shall not be  

lawful for the said fishermen to dry or cure fish at such  

settlement without a previous agreement for that purpose with  

the inhabitants, proprietors, or possessors of the ground. 

 

Article 4: 

 

     It is agreed that creditors on either side shall meet with  

no lawful impediment to the recovery of the full value in sterling

money of all bona fide debts heretofore contracted. 

 

Article 5: 

 

     It is agreed that Congress shall earnestly recommend it to  

the legislatures of the respective states to provide for the  

 

restitution of all estates, rights, and properties, which have  

been confiscated belonging to real British subjects; and also  

of the estates, rights, and properties of persons resident in  

districts in the possession on his Majesty's arms and who have  

not borne arms against the said United States.  And that persons 

of any other description shall have free liberty to go to any part

or parts of any of the thirteen United States and therein to  

remain twelve months unmolested in their endeavors to obtain the 

restitution of such of their estates, rights, and properties as  

may have been confiscated; and that Congress shall also earnestly

recommend to the several states a reconsideration and revision  

of all acts or laws regarding the premises, so as to render the  

said laws or acts perfectly consistent not only with justice and 

equity but with that spirit of conciliation which on the return  

of the blessings of peace should universally prevail.  And that  

Congress shall also earnestly recommend to the several states  

that the estates, rights, and properties, of such last mentioned 

persons shall be restored to them, they refunding to any persons 

who may be now in possession the bona fide price (where any has  

been given) which such persons may have paid on purchasing any  

of the said lands, rights, or properties since the confiscation. 

 

     And it is agreed that all persons who have any interest in  

confiscated lands, either by debts, marriage settlements, or  

otherwise, shall meet with no lawful impediment in the prosecution

of their just rights. 

 

Article 6: 

 

     That there shall be no future confiscations made nor any  

prosecutions commenced against any person or persons for, or by  

reason of, the part which he or they may have taken in the present

war, and that no person shall on that account suffer any future  

loss or damage, either in his person, liberty, or property; and  

that those who may be in confinement on such charges at the time 

of the ratification of the Treaty in America shall be immediately

set at liberty, and the prosecutions so commenced be discontinued.

 

 

Article 7: 

 

     There shall be a firm and perpetual peace between his  

Brittanic Majesty and the said states, and between the subjects  

of the one and the citizens of the other, wherefore all hostilities

both by sea and land shall from henceforth cease.  All prisoners 

on both sides shall be set at liberty, and his Brittanic Majesty 

shall with all convenient speed, and without causing any  

destruction, or carrying away any Negroes or other property of  

the American inhabitants, withdraw all his armies, garrisons, and

fleets from the said United States, and from every post, place,  

and harbor within the same; leaving in all fortifications, the  

American artilery that may be therein; and shall also order and  

cause all archives, records, deeds, and papers belonging to any  

of the said states, or their citizens, which in the course of  

the war may have fallen into the hands of his officers, to be  

forthwith restored and delivered to the proper states and  

 

persons to whom they belong. 

 

Article 8: 

 

     The navigation of the river Mississippi, from its source  

to the ocean, shall forever remain free and open to the subjects 

of Great Britain and the citizens of the United States. 

 

Article 9: 

 

     In case it should so happen that any place or territory  

belonging to Great Britain or to the United States should have  

been conquered by the arms of either from the other before the  

arrival of the said Provisional Articles in America, it is  

agreed that the same shall be restored without difficulty and  

without requiring any compensation. 

 

Article 10: 

 

     The solemn ratifications of the present Treaty expedited in 

good and due form shall be exchanged between the contracting  

parties in the space of six months or sooner, if possible, to  

be computed from the day of the signatures of the present Treaty.

In witness whereof we the undersigned, their ministers  

plenipotentiary, have in their name and in virtue of our full  

powers, signed with our hands the present definitive Treaty and  

caused the seals of our arms to be affixed thereto. 

 

     Done at Paris, this third day of September in the year of  

our Lord, one thousand seven hundred and eighty-three. 

 

D. HARTLEY     (SEAL) 

JOHN ADAMS     (SEAL) 

B. FRANKLIN    (SEAL) 

JOHN JAY       (SEAL) 

 

Source: United States, Department of State, "Treaties and Other  

International Agreements of the United States of America,  

1776-1949", vol 12, pp8-12 

 

 

Footnote 3

 

 

ARTICLES OF CAPITULATION (1781)

 

 

Settled between his Excellency General Washington,

Commander-in-Chief of the combined Forces of America and France;

his Excellency the Count de Rochambeau, Lieutenant-General of the

Armies of the King of France, Great Cross of the royal and military

Order of St. Louis, commanding the auxiliary troops of his Most

Christian Majesty in America; and his Excellency the Count de

Grasse, Lieutenant-General of the Naval Armies of his Most

Christian Majesty, Commander of the Order of St. Louis,

Commander-in-Chief of the Naval Army of France in the Chesapeake,

on the one Part; and the Right Honorable Earl Cornwallis,

Lieutenant-General of his Britannic Majesty's Forces, commanding

the Garrisons of York and Gloucester; and Thomas Symonds, Esquire,

commanding his Britannic Majesty's Naval Forces in York River in

Virginia, on the other Part.

 

Article I. The garrisons of York and Gloucester, including the

officers and seamen of his Britannic Majesty's ships, as well as

other mariners, to surrender themselves prisoners of war to the

combined forces of America and France. The land troops to remain

prisoners to the United States, the navy to the naval army of his

Most Christian Majesty.

 

Article II. The artillery, arms, accoutrements, military chest, and

public stores of every denomination, shall be delivered unimpaired

to the heads of departments appointed to receive them.

 

Article III. At twelve o'clock this day the two redoubts on the

left flank of York to be delivered, the one to a detachment of

American infantry, the other to a detachment of French grenadiers.

 

The garrison of York will march out to a place to be appointed in

front of the posts, at two o'clock precisely, with shouldered arms,

colors cased, and drums beating a British or German march. They are

then to ground their arms, and return to their encampments, where

they will remain until they are despatched to the places of their

destination. Two works on the Gloucester side will be delivered at

one o'clock to a detachment of French and American troops appointed

to possess them. The garrison will march out at three o'clock in

the afternoon; the cavalry with their swords drawn, trumpets

sounding, and the infantry in the manner prescribed for the

garrison of York. They are likewise to return to their encampments

until they can be finally marched off.

 

Article IV. Officers are to retain their side-arms. Both officers

and soldiers to keep their private property of every kind; and no

part of their baggage or papers to be at any time subject to search

or inspection. The baggage and papers of officers and soldiers

taken during the siege to be likewise preserved for them.

It is understood that any property obviously belonging to the

inhabitants of these States, in the possession of the garrison,

shall be subject to be reclaimed.

 

Article V. The soldiers to be kept in Virginia, Maryland, or

Pennsylvania, and as much by regiments as possible, and supplied

with the same rations of provisions as are allowed to soldiers in

the service of America. A field-officer from each nation, to wit,

British, Anspach, and Hessian, and other officers on parole, in the

proportion of one to fifty men to be allowed to reside near their

respective regiments, to visit them frequently, and be witnesses of

their treatment; and that their officers may receive and deliver

clothing and other necessaries for them, for which passports are to

be granted when applied for.

 

Article VI. The general, staff, and other officers not employed as

mentioned in the above articles, and who choose it, to be permitted

to go on parole to Europe, to New York, or to any other American

maritime posts at present in the possession of the British forces,

at their own option; and proper vessels to be granted by the Count

de Grasse to carry them under flags of truce to New York within ten

days from this date, if possible, and they to reside in a district

to be agreed upon hereafter, until they embark. The officers of the

civil department of the army and navy to be included in this

article. Passports to go by land to be granted to those to whom

vessels cannot be furnished.

 

Article VII. Officers to be allowed to keep soldiers as servants,

according to the common practice of the service. Servants not

soldiers are not to be considered as prisoners, and are to be

allowed to attend their masters.

 

Article VIII. The Bonetta sloop-of-war to be equipped, and

navigated by its present captain and crew, and left entirely at the

disposal of Lord Cornwallis from the hour that the capitulation is

signed, to receive an aid-de-camp to carry despatches to Sir Henry

Clinton; and such soldiers as he may think proper to send to New

York, to be permitted to sail without examination. When his

 

despatches are ready, his Lordship engages on his part, that the

ship shall be delivered to the order of the Count de Grasse, if she

escapes the dangers of the sea. That she shall not carry off any

public stores. Any part of the crew that may be deficient on her

return, and the soldiers passengers, to be accounted for on her

delivery.

 

Article X. The traders are to preserve their property, and to be

allowed three months to dispose of or remove them; and those

traders are not to be considered as prisoners of war.

The traders will be allowed to dispose of their effects, the allied

army having the right of preemption. The traders to be considered

as prisoners of war upon parole.

 

Article X. Natives or inhabitants of different parts of this

country, at present in York or Gloucester, are not to be punished

on account of having joined the British army.

This article cannot be assented to, being altogether of civil

resort.

 

Article XI. Proper hospitals to be furnished for the sick and

wounded. They are to be attended by their own surgeons on parole;

and they are to be furnished with medicines and stores from the

American hospitals.

The hospital stores now at York and Gloucester shall be delivered

for the use of the British sick and wounded. Passports will be

granted for procuring them further supplies from New York, as

occasion may require; and proper hospitals will be furnished for

the reception of the sick and wounded of the two garrisons.

 

Article XII. Wagons to be furnished to carry the baggage of the

officers attending the soldiers, and to surgeons when travelling on

account of the sick, attending the hospitals at public expense.

They are to be furnished if possible.

 

Article XIII. The shipping and boats in the two harbours, with all

their stores, guns, tackling, and apparel, shall be delivered up in

their present state to an officer of the navy appointed to take

possession of them, previously unloading the private property, part

of which had been on board for security during the siege.

 

Article XIV. No article of capitulation to be infringed on pretence

of reprisals; and if there be any doubtful expressions in it, they

are to be interpreted according to the common meaning and

acceptation of the words.

 

Done at Yorktown, in Virginia, October 19th, 178l.

 

Cornwallis, Thomas Symonds.

 

Done in the Trenches before Yorktown, in Virginia, October 19th,

1781.

 

George Washington, Le Comte de Rochambeau,

 

Le Comte de Barras, En mon nom & celui du Comte de Grasse.

 

 

 

Footnote 4

 

     Though the debate on this subject was continued till two

o'clock in the morning, and though the opposition received

additional strength, yet the question was not carried.  The same

ground of argument was soon gone over again, and the American war

underwent, for the fourth time since the beginning of the session,

a full discussion; but no resolution, disapproving its farther

prosecution, could yet obtain the assent of a majority of the

members.  The advocates for peace becoming daily more numerous, it

was moved by Gen. Conway that "a humble address be presented to his

Majesty, that he will be pleased to give directions to his

 

ministers not to pursue any longer the impracticable object of

reducing his Majesty's revolted colonies by force to their

allegiance, by a war on the continent of America."  This brought

forth a repetition of the former arguments on the subject, and

engaged the attention of the house till two o'clock in the morning.

On a division, the motion for the address was lost by a single

vote...

     The ministry as well as the nation began to be sensible of the

impolicy of continental operations, but hoped that they might gain

their point, by prosecuting hostilities at sea.  Every opposition

was therefore made by them against the total dereliction (i.e.,

abandonment) of a war, on the success of which they had so

repeatedly pledged themselves, and on the continuance of which they

held their places.  General Conway in five days after (Feb. 27),

brought forward another motion expressed in different words, but to

the same effect with that which he had lost be a single vote.  This

caused a long debate which lasted till two o'clock in the morning.

It was then moved to adjourn the debate till the 13th of March.

There appeared for the adjournment 215 and against it 234.

     The original motion, and an address to the King formed upon

the resolution were then carried without division, and the address

was ordered to be presented by the whole house.

     To this his majesty answered, "that in pursuance of their

advice, he would take such measures as should appear to him the

most conducive to the restoration of harmony, between Great Britain

and the revolted colonies."  The thanks of the house were voted for

this answer.  But the guarded language thereof, not inconsistent

with farther hostilities against America; together with other

suspicious circumstances, induced General Conway to move another

resolution, expressed in the most decisive language.  This was to

the following effect that, "The house would consider as enemies to

his majesty and the country, all those who should advise or by any

means attempt the further prosecution of offensive war, on the

continent of North America, for the purpose of reducing the

colonies to obedience by force."  This motion after a feeble

opposition was carried without a division, and put a period to all

that chicanery by which ministers meant to distinguish between a

prosecution of offensive war in North America, and a total

dereliction of it.  This resolution and the preceding address, to

which it had reference, may be considered as the closing scene of

the American war (emphasis added).

     The History of the American Revolution, Vol. 2, Ramsay, 617-9.

 

     Footnote 5

 

     The Jay Treaty

Treaty of Amity Commerce and Navigation Concluded November 19,

1794; ratification advised by the senate with amendment June 24,

1795; ratified by the President; ratifications exchanged October

28, 1795; proclaimed February 29, 1796.

I. Amity. Discrimination on vessels, imports, etc.

II. Withdrawal of forces; vessels, imports, etc. Consuls.

III. Commerce and navigation; duties. Capture or detention of

neutrals

IV. Survey of the Mississippi. Contraband.

V. St. Croix River XIX. Officers passengers

 

VI. Indemnification by on neutrals. United States. XX. Pirates.

VII. Indemnification by Great XXI. Commission from foreign Britain.

states.

VIII. Expenses. XXII. Reprisals.

IX. Land tenures. XXIII. Ships of war.

X. Private debts, etc. XXIV. Foreign privateers.

XI. Liberty of navigation XXV. Prizes. and commerce. XXVI.

Reciprocal treatment

XII. West India trade; duties. of citizens in war.

XIII. East India trade; duties. XXVII. Extradition.

XIV. Commerce and Navigation. XXVIII. Limitation of Article XII:

ratification.

 

     His Britannic Majesty and the United States of America, being

desirous, by a Treaty of amity, commerce and navigation, to

terminate their difference in such a manner, as, without reference

to the merits of their respective complaints and pretentions, may

be the best calculated to produce mutual satisfaction and good

understanding; and also to regulate the commerce and navigation

between their respective countries, territories and people, in such

a manner as to render the same reciprocally beneficial and

satisfactory; they have, respectively, named their

Plenipotentiaries, and given them full powers to treat of, and

conclude the said Treaty, that is to say:

 

     His Britannic Majesty has named for his Plenipotentiary, the

Right Honorable William Wyndham Baron Grenville of Wotton, one of

His Majesty's Privy Council, and His Majesty's Principal Secretary

of State for Foreign Affairs; and the President of the said United

States, by and with the advice and consent of the Senate thereof,

hath appointed for their Plenipotentiary, the Honorable John Jay,

Chief Justice of the said United States, and their Envoy

Extraordinary to His Majesty;

 

     Who have agreed on and concluded the following articles:

ARTICLE I.

 

     There shall be a firm, inviolable and universal peace, and a

true and sincere friendship between His Britannic Majesty, his

heirs and successors, and the United States of America; and between

their respective countries, territories, cities, towns and people

of every degree, without exception of persons or places.

 

ARTICLE II.

 

     His Majesty will withdraw all his troops and garrisons from

all posts and places within the boundary lines assigned by the

Treaty of peace to the United States. This evacuation shall take

place on or before the first day of June, one thousand seven

hundred and ninety six, and all the proper measures shall in the

interval be taken by concert between the Government of the United

States and His Majesty's Governor-General in America for settling

the previous arrangements which may be necessary respecting the

delivery of the said posts: The United States in the mean time, at

their discretion, extending their settlements to any part within

the said boundary line, except within the precincts or jurisdiction

of any of the said posts. All settlers and traders, within the

precincts or jurisdiction of the said posts, shall continue to

enjoy, unmolested, all their property of every kind, and shall be

protected therein. They shall be at full liberty to remain there,

or to remove with all or any part of their effects; and it shall

also be free to them to sell their lands, houses or effects, or to

 

retain the property thereof, at their discretion; such of them as

shall continue to reside within the said boundary lines, shall not

be compelled to become citizens of the United States, or to take

any oath of allegiance to the Government thereof; but they shall be

at full liberty so to do if they think proper, and they shall make

and declare their election within one year after the evacuation

aforesaid. And all persons who shall continue there after the

expiration of the said year, without having declared their

intention of remaining subjects of His Britannic Majesty, shall be

considered as having elected to become citizens of the United

States.

 

ARTICLE III.

 

     It is agreed that it shall at all times be free to His

Majesty's subjects, and to the citizens of the United States, and

also to the Indians dwelling on either side of the said boundary

line, freely to pass and repass by land or inland navigation, into

the respective territories and countries of the two parties, on the

continent of America, (the country within the limits of the

Hudson's Bay Company only excepted.) and to navigate all the lakes,

rivers and waters thereof, and freely to carry on trade and

commerce with each other. But it is understood that this article

does not extend to the admission of vessels of the United States

into the seaports, harbours, bays or creeks of His Majesty's said

territories; nor into such parts of the rivers in His Majesty's

said territories as are between the mouth thereof, and the highest

port of entry from the sea, except in small vessels trading bona

fide between Montreal and Quebec, under such regulations as shall

be established to prevent the possibility of any frauds in this

respect. Nor to the admission of British vessels from the sea into

the rivers of the United States, beyond the highest ports of entry

for foreign vessels from the sea. The river Mississippi shall,

however, according to the Treaty of peace, be entirely open to both

parties; and it is further agreed, that all the ports and places on

its eastern side, to whichsoever of the parties belonging, may

freely be resorted to and used by both parties, in as ample a

manner as any of the Atlantic ports or places of the United States,

or any of the ports or places of His Majesty in Great Britain.

 

     All goods and merchandize whose importation into His Majesty's

said territories in America shall not be entirely prohibited, may

freely, for the purposes of commerce, be carried into the same in

the manner aforesaid, by the citizens of the United States, and

such goods and merchandize shall be subject to no higher or other

duties than would be payable by His Majesty's subjects on the

importation of the same from Europe into the said territories. And

in like manner all goods and merchandize whose importation into the

United States shall not be wholly prohibited, may freely, for the

purposes of commerce, be carried into the same, in the manner

aforesaid, by His Majesty's subjects, and such goods and

merchandize shall be subject to no higher or other duties than

would be payable by the citizens of the United States on the

importation of the same in American vessels into the Atlantic ports

 

of the said States. And all goods not prohibited to be exported

from the said territories respectively, may in like manner be

carried out of the same by the two parties respectively, paying

duty as aforesaid.

 

     No duty of entry shall ever be levied by either party on

peltries brought by land or inland navigation into the said

territories respectively, nor shall the Indians passing or

repassing with their own proper goods and effects of whatever

nature, pay for the same any impost or duty whatever. But goods in

bales, or other large packages, unusual among Indians, shall not be

considered as goods belonging bona fide to Indians.

 

     No higher or other tolls or rates of ferriage than what are or

shall be payable by natives, shall be demanded on either side; and

no duties shall be payable on any goods which shall merely be

carried over any of the portages or carrying places on either side,

for the purpose of being immediately reembarked and carried to some

other place or places. But as by this stipulation it is only meant

to secure to each party a free passage across the portages on both

sides, it is agreed that this exemption from duty shall extend only

to such goods as are carried in the usual and direct road across

the portage, and are not attempted to be in any manner sold or

exchanged during their passage across the same, and proper

regulations may be established to prevent the possibility of any

frauds in this respect.

 

     As this article is intended to render in a great degree the

local advantages of each party common to both, and thereby to

promote a disposition favorable to friendship and good

neighborhood, it is agreed that the respective Governments will

mutually promote this amicable intercourse, by causing speedy and

impartial justice to be done, and necessary protection to be

extended to all who may be concerned therein.

 

ARTICLE IV.

 

     Whereas it is uncertain whether the river Mississippi extends

so far to the northward as to be intersected by a line to be drawn

due west from the Lake of the Woods, in the manner mentioned in the

Treaty of peace between His Majesty and the United States: it is

agreed that measures shall be taken in concert between His

Majesty's Government in America and the Government of the United

States, for making a joint survey of the said river from one degree

of latitude below the falls of St. Anthony, to the principal source

or sources of the said river, and also of the parts adjacent

thereto; and that if, on the result of such survey, it should

appear that the said river would not be intersected by such a line

as is above mentioned, the two parties will thereupon proceed, by

amicable negotiation, to regulate the boundary line in that

quarter, as well as all other points to be adjusted between the

said parties, according to justice and mutual convenience, and in

conformity to the intent of the said Treaty.

 

ARTICLE V.

 

     Whereas doubts have arisen what river was truly intended under

the name of the river St. Croix, mentioned in the said Treaty of

peace, and forming a part of the boundary therein described; that

question shall be referred to the final decision of commissioners

 

to be appointed in the following manner. viz.:

     One commissioner shall be named by His Majesty, and one by the

President of the United States, by and with the advice and consent

of the Senate thereof, and the said two commissioners shall agree

on the choice of a third; or if they cannot so agree, they shall

each propose one person, and of the two names so proposed, one

shall be drawn by lot in the presence of the two original

Commissioners.

 

     And the three Commissioners so appointed shall be sworn,

impartially to examine and decide the said question, according to

such evidence as shall respectively be laid before them on the part

of the British Government and of the United States. The said

Commissioners shall meet at Halifax, and shall have power to

adjourn to such other place or places as they shall think fit. They

shall have power to appoint a Secretary, and to employ such

surveyors or other persons as they shall judge necessary. The said

Commissioners shall, by a declaration, under their hands and seals,

decide what river is the river St. Croix, intended by the Treaty.

The said declaration shall contain a description of the said river,

and shall particularize the latitude and longitude of its mouth and

of its source. Duplicates of this declaration and of the statements

of their accounts, and of the journal of their proceedings, shall

be delivered by them to the agent of His Majesty, and to the agent

of the United States, who may be respectively appointed and

authorized to manage the business on behalf of the respective

Governments.

     And both parties agree to consider such decision as final and

conclusive, so as that the same shall never thereafter be called

into question, or made the subject of dispute or difference between

them.

 

ARTICLE VI.

 

     Whereas it is alleged by divers British merchants and others

His Majesty's subjects, that debts, to a considerable amount, which

were bona fide contracted before the peace, still remain owing to

them by citizens or inhabitants of the United States, and that by

the operation of various lawful impediments since the peace, not

only the full recovery of the said debts has been delayed, but also

the value and security thereof have been, in several instances,

impaired and lessened, so that, by the ordinary course of judicial

proceedings, the British creditors cannot now obtain, and actually

have and receive full and adequate compensation for the losses and

damages which they have thereby sustained: It is agreed, that in

all such cases, where full compensation for such losses and damages

cannot, for whatever reason, be actually obtained, had and received

by the said creditors in the ordinary course of justice, the United

States will make full and complete compensation for the same to the

said creditors: But it is distinctly understood, that this

provision is to extend to such losses only as have been occasioned

by the lawful impediments aforesaid, and is not to extend to losses

occasioned by such insolvency of the debtors or other causes as

would equally have operated to produce such loss, if the said

impediments had not existed; nor to such losses or damages as have

 

been occasioned by the manifest delay or negligence, or wilful

omission of the claimant.

 

     For the purpose of ascertaining the amount of any such losses

and damages, five Commissioners shall be appointed and authorized

to meet and act in manner following, viz.: Two of them shall be

appointed by His Majesty, two of them by the President of the

United States by and with the advice and consent of the Senate

thereof, and the fifth by the unanimous voice of the other four;

and if they should not agree in such choice, then the Commissioners

named by the two parties shall respectively propose one person, and

of the two names so proposed, one shall be drawn by lot, in the

presence of the four original Commissioners. When the five

Commissioners thus appointed shall first meet, they shall, before

they proceed to act, respectively take the following oath, or

affirmation, in the presence of each other; which oath, or

affirmation, being so taken and duly attested, shall be entered on

the record of their proceedings, viz.: I, A. B., one of the

Commissioners appointed in pursuance of the sixth article of the

Treaty of Amity, Commerce and Navigation, between His Britannic

Majesty and the United States of America, do solemnly swear (or

affirm) that I will honestly, diligently, impartially and carefully

examine, and to the best of my judgment, according to justice and

equity, decide all such complaints, as under the said article shall

be preferred to the said Commissioners: and that I will forbear to

act as a Commissioner, in any case in which I may be personally

interested.

 

     Three of the said Commissioners shall constitute a board, and

shall have power to do any act appertaining to the said Commission,

provided that one of the Commissioners named on each side, and the

fifth Commissioner shall be present, and all decisions shall be

made by the majority of the voices of the Commissioners than

present. Eighteen months from the day on which the said

Commissioners shall form a board, and be ready to proceed to

business, are assigned for receiving complaints and applications;

but they are nevertheless authorized, in any particular cases in

which it shall appear to them to be reasonable and just, to extend

the said term of eighteen months for any term not exceeding six

months, after the expiration thereof. The said Commissioners shall

first meet at Philadelphia, but they shall have power to adjourn

from place to place as they shall see cause.

 

     The said Commissioners in examining the complaints and

applications so preferred to them, are empowered and required in

pursuance of the true intent and meaning of this article to take

into their consideration all claims, whether of principal or

interest, or balances of principal and interest and to determine

the same respectively, according to the merits of the several

cases, due regard being had to all the circumstances thereof, and

as equity and justice shall appear to them to require. And the said

Commissioners shall have power to examine all such persons as shall

come before them on oath or affirmation, touching the premises; and

also to receive in evidence, according as they may think most

 

consistent with equity and justice, all written depositions, or

books, or papers, or copies, or extracts thereof, every such

deposition, book, or paper, or copy, or extract, being duly

authenticated either according to the legal form now respectively

existing in the two countries, or in such other manner as the said

Commissioners shall see cause to require or allow.

 

     The award of the said Commissioners, or of any three of them

as aforesaid, shall in all cases be final and conclusive both as to

the justice of the claim, and to the amount of the sum to be paid

to the creditor or claimant; and the United States undertake to

cause the sum so awarded to be paid in specie to such creditor or

claimant without deduction; and at such time or times and at such

place or places, as shall be awarded by the said Commissioners; and

on condition of such releases or assignments to be given by the

creditor or claimant, as by the said Commissioners may be directed:

Provided always, that no such payment shall be fixed by the said

Commissioners to take place sooner than twelve months from the day

of the exchange of the ratifications of this Treaty.

 

ARTICLE VII.

 

     Whereas complaints have been made by divers merchants and

others, citizens of the United States, that during the course of

the war in which His Majesty is now engaged, they have sustained

considerable losses and damage, by reason of irregular or illegal

captures or condemnations of their vessels and other property,

under color of authority or commissions from His Majesty, and that

from various circumstances belonging to the said cases, adequate

compensation for the losses and damages so sustained cannot now be

actually obtained, had, and received by the ordinary course of

judicial proceedings; it is agreed, that in all such cases, where

adequate compensation cannot, for whatever reason, be now actually

obtained, had, and received by the said merchants and others, in

the ordinary course of justice, full and complete compensation for

the same will be made by the British Government to the said

complainants.

     But it is distinctly understood that this provision is not to

extend to such losses or damages as have been occasioned by the

manifest delay or negligence, or wilful omission of the claimant.

 

     That for the purpose of ascertaining the amount of any such

losses and damages, five Commissioners shall be appointed and

authorized to act in London, exactly in the manner directed with

respect to those mentioned in the preceding article, and after

having taken the same oath or affirmation, (mutatis mutandis,) the

same term of eighteen months is also assigned for the reception of

claims, and they are in like manner authorized to extend the same

in particular cases. They shall receive testimony, books, papers

and evidence in the same latitude, and exercise the like discretion

and powers respecting that subject; and shall decide the claims in

question according to the merits of the several cases, and to

justice, equity and the laws of nations. The award of the said

Commissioners, or any such three of them as aforesaid, shall in

all cases be final and conclusive, both as to the justice of the

 

claim, and the amount of the sum to be paid to the claimant; and

His Britannic Majesty undertakes to cause the same to be paid to

such claimant in specie, without any deduction, at such place or

places, and at such time or times, as shall be awarded by the said

Commissioners, and on condition of such releases or assignments to

be given by the claimant, as by the said Commissioners may be

directed.

 

     And whereas certain merchants and others, His Majesty s

subjects, complain that, in the course of the war, they have

sustained loss and damage by reason of the capture of their vessels

and merchandise, taken within the limits and jurisdiction of the

States and brought into the ports of the same, or taken by vessels

originally armed in ports of the said States:

 

     It is agreed that in all such cases where restitution shall

not have been made agreeably to the tenor of the letter from Mr.

Jefferson to Mr. Hammond, dated at Philadelphia, September 5, 1793,

a copy of which is annexed to this Treaty; the complaints of the

parties shall be and hereby are referred to the Commissioners to be

appointed by virtue of this article, who are hereby authorized and

required to proceed in the like manner relative to these as to the

other cases committed to them; and the United States undertake to

pay to the complainants or claimants in specie, without deduction,

the amount of such sums as shall be awarded to them respectively

by the said Commissioners, and at the times and places which in

such awards shall be specified; and on condition of such releases

or assignments to be given by the claimants as in the said awards

may be directed: And it is further agreed, that not only the now

existing cases of both descriptions, but also all such as shall

exist at the time of exchanging the ratifications of this Treaty,

shall be considered as being within the provisions, intent and

meaning of this article.

 

ARTICLE VIII.

 

     It is further agreed that the Commissioners mentioned in this

and in the two preceding articles shall be respectively paid in

such manner as shall be agreed between the two parties such

agreement being to be settled at the time of the exchange of the

ratifications of this Treaty. And all other expenses attending the

said Commissions shall be defrayed jointly by the two parties, the

same being previously ascertained and allowed by the majority of

the Commissioners.

     And in the case of death, sickness or necessary absence, the

place of every such Commissioner respectively shall be supplied in

the same manner as such Commissioner was first appointed, and the

new Commissioners shall take the same oath or affirmation and do

the same duties.

 

ARTICLE IX.

 

     It is agreed that British subjects who now hold lands in the

territories of the United States, and American citizens who now

hold lands in the dominions of His Majesty, shall continue to hold

them according to the nature and tenure of their respective estates

and titles therein; and may grant, sell or devise the same to whom

they please, in like manner as if they were natives and that

neither they nor their heirs or assigns shall, so far as may

 

respect the said lands and the legal remedies incident thereto, be

regarded as aliens.

 

ARTICLE X.

 

     Neither the debts due from individuals of the one nation to

individuals of the other, nor shares, nor monies, which they may

have in the public funds, or in the public or private banks, shall

ever in any event of war or national differences be sequestered or

confiscated, it being unjust and impolitic that debts and

engagements contracted and made by individuals having confidence in

each other and in their respective Governments, should ever be

destroyed or impaired by national authority on account of national

differences and discontents.

 

ARTICLE XI.

 

     It is agreed between His Majesty and the United States of

America, that there shall be a reciprocal and entirely perfect

liberty of navigation and commerce between their respective people,

in the manner, under the limitations, and on the conditions

specified in the following articles.

 

ARTICLE XII.

 

     His Majesty consents that it shall and may be lawful, during

the time hereinafter limited, for the citizens of the United States

to carry to any of His Majesty's islands and ports in the West

Indies from the United States, in their own vessels, not being

above the burthen of seventy tons, any goods or merchandizes, being

of the growth, manufacture or produce of the said States, which it

is or may be lawful to carry to the said islands or ports from the

said States in British vessels; and that the said American vessels

shall be subject there to no other or higher tonnage duties or

charges than shall be payable by British vessels in the ports of

the United States; and that the cargoes of the said American

vessels shall be subject there to no other or higher duties or

charges than shall be payable on the like articles if imported

there from the said States in British vessels.

 

     And His Majesty also consents that it shall be lawful for the

said American citizens to purchase, load and carry away in their

said vessels to the United States, from the said islands and ports,

all such articles, being of the growth, manufacture or produce of

the said islands, as may now by law be carried from thence to the

said States in British vessels, and subject only to the same duties

and charges on exportation, to which British vessels and their

cargoes are or shall be subject in similar circumstances.

 

     Provided always, that the said American vessels do carry and

land their cargoes in the United States only, it being expressly

agreed and declared that, during the continuance of this article,

the United States will prohibit and restrain the carrying any

molasses, sugar, coffee, cocoa or cotton in American vessels,

either from His Majesty's islands or from the United States to any

part of the world except the United States, reasonable seastores

excepted.

     Provided, also, that it shall and may be lawful, during the

same period, for British vessels to import from the said islands

into the United States, and to export from the United States to the

said islands, all articles whatever, being of the growth, produce

or manufacture of the said islands, or of the United States

 

respectively, which now may, by the laws of the said States, be so

imported and exported. And that the cargoes of the said British

vessels shall be subject to no other or higher duties or charges,

than shall be payable on the same articles if so imported or

exported in American vessels.

 

     It is agreed that this article, and every matter and thing

therein contained, shall continue to be in force during the

continuance of the war in which His Majesty is now engaged; and

also for two years from and after the date of the signature of the

preliminary or other articles of peace, by which the same may be

terminated.

 

     And it is further agreed that, at the expiration of the said

term, the two contracting parties will endeavour further to

regulate

their commerce in this respect, according to the situation in which

His Majesty may then find himself with respect to the West Indies,

and with a view to such arrangements as may best conduce to the

mutual advantage and extension of commerce. And the said parties

will then also renew their discussions, and endeavour to agree,

whether in any and what cases, neutral vessels shall protect

enemy's property; and in what cases provisions and other articles,

not generally contraband, may become such. But in the mean time,

their conduct towards each other in these respects shall be

regulated by the articles hereinafter inserted on those subjects.

 

ARTICLE XIII.

 

     His Majesty consents that the vessels belonging to the

citizens of the United States of America shall be admitted and

hospitably received in all the seaports and harbors of the British

territories in the East Indies. And that the citizens of the said

United States may freely carry on a trade between the said

territories and the said United States, in all articles of which

the importation or exportation respectively, to or from the said

territories, shall not be entirely prohibited. Provided only, that

it shall not be lawful for them in any time of war between the

British Government and any other Power or State whatever, to export

from the said territories, without the special permission of the

British Government there, any military stores, or naval stores, or

rice. The citizens of the United States shall pay for their vessels

when admitted into the said ports no other or higher tonnage duty

than shall be payable on British vessels when admitted into the

ports of the United States. And they shall pay no other or higher

duties or charges, on the importation or exportation of the cargoes

of the said vessels, than shall be payable on the same articles

when imported or exported in British vessels. But it is expressly

agreed that the vessels of the United States shall not carry any of

the articles exported by them from the said British territories to

any port or place, except to some port or place in America, where

the same shall be unladen and such regulations shall be adopted by

both parties as shall from time to time be found necessary to

enforce the due and faithful observance of this stipulation.

     It is also understood that the permission granted by this

article is not to extend to allow the vessels of the United States

 

to carry on any part of the coasting trade of the said British

territories; but vessels going with their original cargoes, or part

thereof, from one port of discharge to another, are not to be

considered as carrying on the coasting trade. Neither is this

article to be construed to allow the citizens of the said States to

settle or reside within the said territories, or to go into the

interior parts thereof, without the permission of the British

Government established there; and if any transgression should be

attempted against the regulations of the British Government in this

respect, the observance of the same shall and may be enforced

against the citizens of America in the same manner as against

British subjects or others transgressing the same rule. And the

citizens of the United States, whenever they arrive in any port or

harbour in the said territories, or if they should be permitted, in

manner aforesaid, to go to any other place therein, shall always be

subject to the laws, government and jurisdiction of what nature

established in such harbor, port pr place, according as the same

may be. The citizens of the United States may also touch for

refreshment at the island of St. Helena, but subject in all

respects to such regulations as the British Government may from

time to time establish there.

 

ARTICLE XIV.

 

     There shall be between all the dominions of His Majesty in

Europe and the territories of the United States a reciprocal and

perfect liberty of commerce and navigation. The people and

inhabitants of the two countries, respectively, shall have liberty

freely and securely, and without hindrance and molestation, to come

with their ships and cargoes to the lands, countries, cities,

ports, places and rivers within the dominions and territories

aforesaid, to enter into the same, to resort there, and to remain

and reside there, without any limitation of time. Also to hire and

possess houses and warehouses for the purposes of their commerce,

and generally the merchants and traders on each side shall enjoy

the most complete protection and security for their commerce; but

subject always as to what respects this article to the laws and

statutes of the two countries respectively.

 

ARTICLE XV.

 

     It is agreed that no other or high duties shall be paid by the

ships or merchandise of the one party in the ports of the other

than such as are paid by the like vessels or merchandize of all

other nations. Nor shall any other or higher duty be imposed in one

country on the importation of any articles the growth, produce or

manufacture of the other, than are or shall be payable on the

importation of the like articles being of the growth, produce or

manufacture of any other foreign country. Nor shall any prohibition

be imposed on the exportation or importation of any articles to or

from the territories of the two parties respectively, which shall

not equally extend to all other nations.

 

     But the British Government reserves to itself the right of

imposing on American vessels entering into the British ports in

Europe a tonnage duty equal to that which shall be payable by

British vessels in the ports of America; and also such duty as may

 

be adequate to countervail the difference of duty now payable on

the importation of European and Asiatic goods, when imported into

the United States in British or in American vessels

 

     The two parties agree to treat for the more exact equalization

of the duties on the respective navigation of their subjects and

people, in such manner as may be most beneficial to the two

countries.

     The arrangements for this purpose shall be made at the same

time with those mentioned at the conclusion of the twelfth article

of this Treaty, and are to be considered as a part thereof. In the

interval it is agreed that the United States will not impose any

new or additional tonnage duties on British vessels, nor increase

the nowsubsisting difference between the duties payable on the

importation of any articles in British or in American vessels.

 

ARTICLE XVI.

 

     It shall be free for the two contracting parties,

respectively, to appoint Consuls for the protection of trade, to

reside in the dominions and territories aforesaid; and the said

Consuls shall enjoy those liberties and rights which belong to them

by reason of their function. But before any Consul shall act as

such, he shall be in the usual forms approved and admitted by the

party to whom he is sent; and it is hereby declared to be lawful

and proper that, in case of illegal or improper conduct towards the

laws or Government, a Consul may either be punished according to

law, if the laws will reach the case, or be dismissed, or even sent

back, the offended Government assigning to the other their reasons

for the same.

 

     Either of the parties may except from the residence of Consuls

such particular places as such party shall judge proper to be so

excepted.

 

ARTICLE XVII.

 

     It is agreed that in all cases where vessels shall be captured

or detained on just suspicion of having on board enemy's property,

or of carrying to the enemy any of the articles which are

contraband of war, the said vessels shall be brought to the nearest

or most convenient port; and if any property of an enemy should be

found on board such vessel, that part only which belongs to the

enemy shall be made prize, and the vessel shall be at liberty to

proceed with the remainder without any impediment. And it is agreed

that all proper measures shall be taken to prevent delay in

deciding the cases of ships or cargoes so brought in for

adjudication, and in the payment or recovery of any

indemnification, adjudged or agreed to be paid to the masters or

owners of such ships.

 

ARTICLE XVIII.

 

     In order to regulate what is in future to be esteemed

contraband of war, it is agreed that under the said denomination

shall be comprised all arms and implements serving for the purposes

of war, by land or sea, such as cannon, muskets, mortars, petards,

bombs, grenades, carcasses, saucisses, carriages for cannon,

musketrests, bandoliers, gunpowder, match, saltpetre, ball, pikes,

swords, headpieces, cuirasses, halberts, lances, javelins,

horsefurniture, holsters, belts, and generally all other implements

of war, as also timber for shipbuilding, tar or rozin, copper in

sheets, sails, hemp, and cordage, and generally whatever may serve

 

directly to the equipment of vessels, unwrought iron and fir planks

only excepted, and all the above articles are hereby declared to be

just objects of confiscation whenever they are attempted to be

carried to an enemy.

 

     And whereas the difficulty of agreeing on the precise cases in

which alone provisions and other articles not generally contraband

may be regarded as such, renders it expedient to provide against

the inconveniences and misunderstandings which might thence arise:

It is further agreed that whenever any such articles so becoming

contraband, according to the existing laws of nations, shall for

that reason be seized, the same shall not be confiscated, but the

owners thereof shall be speedily and completely indemnified; and

the captors, or, in their default, the Government under whose

authority they act, shall pay to the masters or owners of such

vessels the full value of all such articles, with a reasonable

mercantile profit thereon, together with the freight, and also the

demurrage incident to such detention.

 

     And whereas it frequently happens that vessels sail for a port

or place belonging to an enemy without knowing that the same is

either besieged, blockaded or invested, it is agreed that every

vessel so circumstanced may be turned away from such port or place;

but she shall not be detained, nor her cargo, if not contraband, be

confiscated, unless after notice she shall again attempt to enter,

but she shall be permitted to go to any other port or place she may

think proper; nor shall any vessel or goods of either party that

may have entered into such port or place before the same was

besieged, blockaded, or invested by the other, and be found

thereinafter the reduction or surrender of such place, be liable to

confiscation, but shall be restored to the owners or proprietors

there.

 

ARTICLE XIX.

 

     And that more abundant care may be taken for the security of

the respective subjects and citizens of the contracting parties,

and to prevent their suffering injuries by the menofwar, or

privateers of either party, all commanders of ships of war and

privateers, and all others the said subjects and citizens, shall

forbear doing any damage to those of the other party or committing

any outrage against them, and if they act to the contrary they

shall be punished, and shall also be bound in their persons and

estates to make satisfaction and reparation for all damages, and

the interest thereof, of whatever nature the said damages may be.

 

     For this cause, all commanders of privateers, before they

receive their commissions, shall hereafter be obliged to give,

before a competent judge, sufficient security by at least two

responsible sureties, who have no interest in the said privateer,

each of whom, together with the said commander, shall be jointly

and severally bound in the sum of fifteen hundred pounds sterling,

or, if such ships be provided with above one hundred and fifty

seamen or soldiers, in the sum of three thousand pounds sterling,

to satisfy all damages and injuries which the said privateer, or

her officers or men, or any of them, may do or commit during their

 

cruise contrary to the tenor of this Treaty, or to the laws and

instructions for regulating their conduct; and further, that in all

cases of aggressions the said commissions shall be revoked and

annulled.

 

     It is also agreed that whenever a judge of a court of

admiralty of either of the parties shall pronounce sentence against

any vessel or goods or property belonging to the subjects or

citizens of the other party, a formal and duly authenticated copy

of all the proceedings in the cause, and of the said sentence,

shall, if required, be delivered to the commander of the said

vessel, without the smallest delay, he paying all legal fees and

demands for the same.

 

ARTICLE XX.

 

     It is further agreed that both the said contracting parties

shall not only refuse to receive any pirates into any of their

ports, havens or towns, or permit any of their inhabitants to

receive, protect, harbor, conceal or assist them in any manner, but

will bring to condign punishment all such inhabitants as shall be

guilty of such acts or offences.

 

     And all their ships, with the goods or merchandizes taken by

them and brought into the port of either of the said parties, shall

be seized as far as they can be discovered, and shall be restored

to the owners, or their factors or agents, duly deputed and

authorized in writing by them (proper evidence being first given in

the court of admiralty for proving the property) even in case such

effects should have passed into other hands by sale, if it be

proved that the buyers knew or had good reason to believe or

suspect that they had been piratically taken.

 

ARTICLE XXI.

 

     It is likewise agreed that the subjects and citizens of the

two nations shall not do any acts of hostility or violence against

each other, nor accept commissions or instructions so to act from

any foreign Prince or State, enemies to the other party; nor shall

the enemies of one of the parties be permitted to invite, or

endeavor to enlist in their military service, any of the subjects

or citizens of the other party; and the laws against all such

offences and aggressions shall be punctually executed. And if any

subject or citizen of the said parties respectively shall accept

any foreign commission or letters of marque for arming any vessel

to act as a privateer against the other party, and be taken by the

other party, it is hereby declared to be lawful for the said party

to treat and punish the said subject or citizen having such

commission or letters of marque as a pirate.

 

ARTICLE XXII.

 

     It is expressly stipulated that neither of the said

contracting parties will order or authorize any acts of reprisal

against the other, on complaints of injuries or damages, until the

said party shall first have presented to the other a statement

thereof, verified by competent proof and evidence, and demanded

justice and satisfaction, and the same shall either have been

refused or unreasonably delayed.

 

ARTICLE XXIII.

 

     The ships of war of each of the contracting parties shall, at

all times, be hospitably received in the ports of the other, their

officers and crews paying due respect to the laws and Government of

 

the country. The officers shall be treated with that respect which

is due to the commissions which they bear, and if any insult should

be offered to them by any of the inhabitants, all offenders in this

respect shall be punished as disturbers of the peace and amity

between the two countries. And His Majesty consents that in case an

American vessel should, by stress of weather, danger from enemies,

or other misfortune, be reduced to the necessity of seeking shelter

in any of His Majesty's ports, into which such vessel could not in

ordinary cases claim to be admitted, she shall, on manifesting that

necessity to the satisfaction of the Government of the place, be

hospitably received, and be permitted to refit and to purchase at

the market price such necessaries as she may stand in need of,

conformably to such orders and regulations at the Government of the

place, having respect to the circumstances of each case, shall

prescribe. She shall not be allowed to break bulk or unload her

cargo, unless the same should be bona fide necessary to her being

refitted. Nor shall be permitted to sell any part of her cargo,

unless so much only as may be necessary to defray her expences, and

then not without the express permission of the Government of the

place. Nor shall she be obliged to pay any duties whatever, except

only on such articles as she may be permitted to sell for the

purpose aforesaid.

 

ARTICLE XXIV.

 

     It shall not be lawful for any foreign privateers (not being

subjects or citizens of either of the said parties) who have

commissions from any other Prince or State in enmity with either

nation to arm their ships in the ports of either of the said

parties, nor to sell what they have taken, nor in any other manner

to exchange the same; nor shall they be allowed to purchase more

provisions than shall be necessary for their going to the nearest

port of that Prince or State from whom they obtained their

commissions.

 

ARTICLE XXV.

 

     It shall be lawful for the ships of war and privateers

belonging to the said parties respectively to carry whithersoever

they please the ships and goods taken from their enemies, without

being obliged to pay any fee to the officers of the admiralty, or

to any judges whatever; nor shall the said prizes, when they arrive

at and enter the ports of the said parties, be detained or seized,

neither shall the searchers or other officers of those places visit

such prizes, (except for the purpose of preventing the carrying of

any of the cargo thereof on shore in any manner contrary to the

established laws of revenue, navigation, or commerce,) nor shall

such officers take cognizance of the validity of such prizes; but

they shall be at liberty to hoist sail and depart as speedily as

may be, and carry their said prizes to the place mentioned in their

commissions or patents, which the commanders of the said ships of

war or privateers shall be obliged to show. No shelter or refuge

shall be given in their ports to such as have made a prize upon the

subjects or citizens of either of the said parties; but if forced

by stress of weather, or the dangers of the sea, to enter therein,

 

particular care shall be taken to hasten their departure, and to

cause them to retire as soon as possible. Nothing in this Treaty

contained shall, however, be construed or operate contrary to

former and existing public treaties with other sovereigns or

States. But the two parties agree that while they continue in amity

neither of them will in future make any treaty that shall be

inconsistent with this or the preceding article.

 

     Neither of the said parties shall permit the ships or goods

belonging to the subjects or citizens of the other to be taken

within cannon shot of the coast, nor in any of the bays, ports or

rivers of their territories, by ships of war or others having

commission from any Prince, Republic or State whatever. But in case

it should so happen, the party whose territorial rights shall thus

have been violated shall use his utmost endeavors to obtain from

the offending party full and ample satisfaction for the vessel or

vessels so taken, whether the same be vessels of war or merchant

vessels.

 

ARTICLE XXVI.

 

     If at any time a rupture should take place (which God forbid)

between His Majesty and the United States, and merchants and others

of each of the two nations residing in the dominions of the other

shall have the privilege of remaining and continuing their trade,

so long as they behave peaceably and commit no offence against the

laws; and in case their conduct should render them suspected, and

the respective Governments should think proper to order them to

remove, the term of twelve months from the publication of the order

shall be allowed them for that purpose, to remove with their

families, effects and property, but this favor shall not be

extended to those who shall act contrary to the established laws;

and for greater certainty, it is declared that such rupture shall

not be deemed to exist while negociations for accommodating

differences shall be depending, nor until the respective

Ambassadors or Ministers, if such there shall be, shall be recalled

or sent home on account of such differences, and not on account of

personal misconduct, according to the nature and degrees of which

both parties retain their rights, either to request the recall, or

immediately to send home the Ambassador or Minister of the other,

and that without prejudice to their mutual friendship and good

understanding.

 

ARTICLE XXVII.

 

     It is further agreed that His Majesty and the United States,

on mutual requisitions, by them respectively, or by their

respective Ministers or officers authorized to make the same, will

deliver up to justice all persons who, being charged with murder or

forgery, committed within the jurisdiction of either, shall seek an

asylum within any of the countries of the other, provided that this

shall only be done on such evidence of criminality as, according to

the laws of the place, where the fugitive or person so charged

shall be found, would justify his apprehension and commitment for

trial, if the offence had there been committed. The expence of such

apprehension and delivery shall be borne and defrayed by those who

made the requisition and receive the fugitive.

 

 

ARTICLE XXVIII.

 

     It is agreed that the first ten articles of this Treaty shall

be permanent, and that the subsequent articles, except the twelfth,

shall be limited in their duration to twelve years, to be computed

from the day on which the ratifications of this Treaty shall be

exchanged, but subject to this condition. That whereas the said

twelfth article will expire by the limitation therein contained, at

the end of two years from the signing of the preliminary or other

articles of peace, which shall terminate the present war in which

His Majesty is engaged, it is agreed that proper measures shall by

concert be taken for bringing the subject of that article into

amicable Treaty and discussion, so early before the expiration of

the said term as that new arrangements on that head may by that

time be perfected and ready to take place. But if it should

unfortunately happen that His Majesty and the United States should

not be able to agree on such new arrangements, in that case all the

articles of this Treaty, except the first ten, shall then cease and

expire together.

 

     Lastly. This Treaty, when the same shall have been ratified by

His Majesty and by the President of the United States, by and with

the advice and consent of their Senate, and the respective

ratifications mutually exchanged, shall be binding and obligatory

on His Majesty and on the said States, and shall be by them

respectively executed and observed with punctuality and the most

sincere regard to good faith; and whereas it will be expedient, in

order the better to facilitate intercourse and obviate

difficulties, that other articles be proposed and added to this

Treaty, which articles, from want of time and other circumstances,

cannot now be perfected, it is agreed that the said parties will,

from time to time, readily treat of and concerning such articles,

and will sincerely endeavor so to form them as that they may

conduce to mutual convenience and tend to promote mutual

satisfaction and friendship; and that the said articles, after

having been duly ratified, shall be added to and make a part of

this Treaty. In faith whereof we, the undersigned Ministers

Plenipotentiary of His Majesty the King of Great Britain and the

United States of America, have singed this present Treaty, and have

caused to be affixed thereto the seal of our arms.

 

     Done at London this nineteenth day of November, one thousand

seven hundred and ninetyfour.

 

(SEAL.) GRENVILLE.

 

(SEAL.) JOHN JAY.


 

 

Letter from Thomas Jefferson to George Hammond.

 

PHILADELPHIA, September 5, 1793.

 

Sir: I am honored with yours of August 30. Mine of the 7th of that

month assured you that measures were taken for excluding from all

further asylum in our ports vessels armed in them to cruise on

nations with which we are at peace, and for the restoration of the

prizes the Lovely Lass, Prince William Henry, and the Jane of

Dublin; and that should the measures for restitution fail in their

effect, the President considered it as incumbent on the United

States to make compensation for the vessels.

 

 

     We are bound by our treaties with three of the belligerent

nations, by all the means in our power, to protect and defend their

vessels and effects in our ports, or waters, or on the seas near

our shores, and to recover and restore the same to the right owners

when taken from them. If all the means in our power are used, and

fail in their effect, we are not bound by our treaties with those

nations to make compensation.

 

     Though we have no similar treaty with Great Britain, it was

the opinion of the President that we should use towards that nation

the same rule which, under this article, was to govern us with the

other nations; and even to extend it to captures made on the high

seas and brought into our ports f done by vessels which had been

armed within them.

 

     Having, for particular reasons, forbore to use all the means

in our power for the restitution of the three vessels mentioned in

my letter of August 7th, the President thought it incumbent on the

United States to make compensation for them; and though nothing was

said in that letter of other vessels taken under like

circumstances, and brought in after the 5th of June, and before the

date of that letter, yet when the same forbearance had taken place,

it was and is his opinion, that compensation would be equally due.

 

     As to prizes made under the same circumstances, and brought in

after the date of that letter, the President determined that all

the means in our power should be used for their restitution. If

these fail, as we should not be bound by our treaties to make

compensation to the other Powers in the analogous case, he did not

mean to give an opinion that it ought to be done to Great Britain.

But still, if any cases shall arise subsequent to that date, the

circumstances of which shall place them on similar ground with

those before it, the President would think compensation equally

incumbent on the United States.

 

     Instructions are given to the Governors of the different

States to use all the means in their power for restoring prizes of

this last description found within their ports. Though they will,

of course, take measures to be infomed of them, and the General

Government has given them the aid of the customhouse officers for

this purpose, yet you will be sensible of the importance of

multiplying the channels of their infomation as far as shall

depend on yourself, or any person under your direction, or order

that the Governors may use the means in their power for making

restitution.

 

     Without knowledge of the capture they cannot restore it. It

will always be best to give the notice to them directly; but any

infomation which you shall be pleased to send to me also, at any

time, shall be forwarded to them as quickly as distance will

permit.

 

     Hence you will perceive, sir, that the President contemplates

restitution or compensation in the case before the 7th of August;

and after that date, restitution if it can be effected by any means

in our power. And that it will be important that you should

substantiate the fact that such prizes are in our ports or waters.

 

 

     Your list of the privateers illicitly armed in our ports is,

I believe, correct.

 

     With respect to losses by detention, waste, spoilation

sustained by vessels taken as before mentioned, between the dates

of June 5th and August 7th, it is proposed as a provisional measure

that the Collector of the Customs of the district, and the British

Consul, or any other person you please, shall appoint persons to

establish the value of the vessel and cargo at the time of her

capture and of her arrival in the port into which she is brought,

according to their value in that port. If this shall be agreeable

to you, and you will be pleased to signify it to me, with the names

of the prizes understood to be of this description, instructions

will be given accordingly to the Collector of the Customs where

the respective vessels are.

 

     I have the honor to be, &c., TH: JEFFERSON. GEO: HAMMOND,

Esq.

 

ADDITIONAL ARTICLE.

 

     It is further agreed, between the said contracting parties,

that the operation of so much of the twelfth article of the said

Treaty as respects the trade which his said Majesty thereby

consents may be carried on between the United States and his

islands in the West Indies, in the manner and on the terms and

conditions therein specified, shall be suspended.

 

1796.

 

EXPLANATORY ARTICLE TO THE THIRD ARTICLE OF THE TREATY OF

NOVEMBER 19, 1794, RESPECTING THE LIBERTY TO PASS AND REPASS THE

BORDERS AND TO CARRY ON TRADE AND COMMERCE.

 

     Concluded May 4, 1796; Ratification advised by Senate May 9,

1796.

 

     Whereas by the third article of the Treaty of amity, commerce

and navigation, concluded at London on the nineteenth day of

November, one thousand seven hundred and ninetyfour, between His

Britannic Majesty and the United States of America, it was agreed

that is should at all times be free to His Majesty's subjects and

to the citizens of the United States, and also to the Indians

dwelling on either side of the boundary line, assigned by the

Treaty of peace to the United States, freely to pass and repass, by

land or inland navigation, into the respective territories and

countries of the two contracting parties, on the continent of

America, (the country within the limits of the Hudson's Bay Company

only excepted,) and to navigate all the lakes, rivers, and waters

thereof, and freely to carry on trade and commerce with each other,

subject to the provisions and limitations contained in the said

article: And whereas by the eighth article of the Treaty of peace

and friendship concluded at Greenville on the third day of August,

one thousand seven hundred and ninety-five, between the United

States and the nations or tribes of Indians called the Wyandots,

Delawares, Shawanoes, Ottawas, Chippewas, Putawatimies, Miamis, Eel

River, Weeas, Kickapoos, Piankashaws, and Kaskaskias, it was

stipulated that no person should be permitted to reside at any of

the towns or the hunting camps of the said Indian tribes, as a

trader, who is not furnished with a licence for that purpose under

the authority of the United States: Which latter stipulation has

excited doubts, whether in its operation it may not interfere with

 

the due execution of the third article of the Treaty of amity,

commerce and navigation: And it being the sincere desire of His

Britannic Majesty and of the United States that this point should

be so explained as to remove all doubts and promote mutual

satisfaction and friendship: And for this purpose His Britannic

Majesty having named for his Commissioner, Phineas Bond, Esquire,

His Majesty's ConsulGeneral for the Middle and Southern States of

America, (and now His Majesty's ChargÚ d'Affaires to the

United States,) and the President of the United States having named

for their Commissioner, Timothy Pickering, Esquire, Secretary of

State of the United States, to whom, agreeably to the laws of the

United States, he has intrusted this negotiation: They, the said

Commissioners, having communicated to each other their full powers,

have, in virtue of the same, and conformably to the spirit of the

last article of the said Treaty of amity, commerce and navigation,

entered into this explanatory article, and do by these presents

explicitly agree and declare, that no stipulations in any treaty

subsequently concluded by either of the contracting parties with

any other State or nation, or with any Indian tribe, can be

understood to derogate in any manner from the rights of free

intercourse and commerce, secured by the aforesaid third article of

the Treaty of amity, commerce and navigation, to the subjects of

his Majesty and to the citizens of the United States, and to the

Indians dwelling on either side of the boundary line aforesaid; but

that all the said persons shall remain at full liberty freely to

pass and repass, by land or inland navigation, into the respective

territories and countries of the contracting parties, on either

side of the said boundary line, and freely to carry on trade and

commerce with each other, according to the stipulations of the said

third article of the Treaty of amity, commerce and navigation.

 

     This explanatory article, when the same shall have been

ratified by His Majesty and by the President of the United States,

by and with the advice and consent of their Senate, and the

respective ratifications mutually exchanged, shall be added to and

make a part of the said Treaty of amity commerce and navigation,

and shall be permanently binding upon His Majesty and the United

States.

 

     In witness whereof we, the said Commissioners of His Majesty

the King of Great Britain and the United States of America, have

signed this present explanatory article, and thereto affixed our

seals.

     Done at Philadelphia this fourth day of May, in the year of

our Lord one thousand seven hundred and ninetysix.

 

(SEAL.) P. BOND. (SEAL.) TIMOTHY PICKERING.

 

1798.

 

EXPLANATORY ARTICLE TO THE TREATY OF NOVEMBER 19, 1794, RELEASING

THE COMMISSIONERS UNDER THE FIFTH ARTICLE FROM PARTICULARIZING

THE LATITUDE AND LONGITUDE OF THE RIVER ST. CROIX.

 

     Concluded March 15, 1798; Ratification advised by Senate June

5, 1798.

 

     Whereas by the twentyeight article of the Treaty of amity,

commerce, and navigation between His Britannic Majesty and the

United States, signed at London on the nineteenth day of November,

 

one thousand seven hundred and ninetyfour, it was agreed that the

contracting parties would, from time to time, readily treat of and

concerning such further articles as might be proposed; that they

would sincerely endeavour so to form such articles as that they

might conduce to mutual convenience and tend to promote mutual

satisfaction and ,friendship; and that such articles, after having

been duly ratified, should be added to and make a part of that

Treaty: And whereas difficulties have arisen with respect to the

execution of so much of the fifth article of the said Treaty as

requires that the Commissioners appointed under the same should in

their description particularize the latitude and longitude of the

source of the river which may be found to be the one truly intended

in the Treaty of peace between His Britannic Majesty and the United

States, under the name of the river St. Croix, by reason whereof it

is expedient that the said Commissioners should be released from

the obligation of conforming to the provisions of the said article

in this respect. The undersigned being respectively named by His

Britannic Majesty and the United States of America their

Plenipotentiaries for the purpose of treating of and concluding

such articles as may be proper to be added to the said Treaty, in

conformity to the above mentioned stipulation, and having

communicated to each other their respective full powers, have

agreed and concluded, and do hereby declare in the name of His

Britannic Majesty and of the United States of America that the

Commissioners appointed under the fifth article of the above

mentioned Treaty shall not be obliged to particularize in their

description, the latitude and longitude of the source of the river

which may be found to be the one truly intended in the aforesaid

Treaty of peace under the name of the river St. Croix, but they

shall be at liberty to describe the said river, in such other

manner as they may judge expedient, which description shall be

considered as a complete execution of the duty required of the said

Commissioners in this respect by the article aforesaid. And to the

end that no uncertainty may hereafter exist on this subject, it is

further agreed, that as soon as may be after the decision of the

said Commissioners, measures shall be concerted between the

Government of the United States and His Britannic Majesty's

Governors or Lieutenant Governors in America, in order to erect and

keep in repair a suitable monument at the place ascertained and

described to be the source of the said river St. Croix, which

measures shall immediately thereupon, and as often afterwards as

may be requisite, be duly executed on both sides with punctuality

and good faith.

 

     This explanatory article, when the same shall have been

ratified by His Majesty and by the President of the United States,

by and with the advice and consent of their Senate, and the

respective ratifications mutually exchanged, shall be added to and

make a part of the Treaty of amity, commerce, and navigation

between His Majesty and the United States, signed at London on the

nineteenth day of November, one thousand seven hundred and

 

ninetyfour, and shall be permanently binding upon His Majesty and

the United States.

 

     In witness whereof we, the said undersigned Plenipotentiaries

of His Britannic Majesty and the United States of America, have

signed this present article, and have caused to be affixed thereto

the seal of our arms.

 

     Done at London this fifteenth day of March, one thousand seven

hundred and ninetyeight.

 

(SEAL.) GRENVILLE. (SEAL.) RUFUS KING.

 

 

     Footnote 6

 

     

1814 Treaty of Ghent 1814 to end the War Of 1812 

 

     Treaty of Peace and Amity between His Britannic Majesty and

the United States of America, Concluded at Ghent, December 24,

1814; Ratification Advised by Senate, February 16, 1815; Ratified

by President; February 17, 1815; Ratifications Exchanged at

Washington, February 17, 1815; Proclaimed, February 18, 1815. His

Britannic Majesty and the United States of America, desirous of

terminating the war which has unhappily subsisted between the two

countries, and of restoring, upon principles of perfect

reciprocity, peace, friendship, and good understanding between

them, have, for that purpose, appointed their respective

Plenipotentiaries, that is to say:

     His Britannic Majesty, on his part, has appointed the Right

Honorable James Lord Gambier, late Admiral of the White, now

Admiral of the Red Squadron of His Majesty's fleet, Henry Goulburn,

Esquire, a member of the Imperial Parliament, and Under Secretary

of State, and William Adams, Esquire, Doctor of Civil Laws; and the

President of the United States, by and with the advice and consent

of the Senate thereof, has appointed John Quincy Adams, James A.

Bayard, Henry Clay, Jonathan Russell, and Albert Gallatin, citizens

of the United States; 

     Who, after a reciprocal communication of their respective full

powers, have agreed upon the following articles: 

 

Article I

 

     There shall be a firm and universal peace between His

Britannic Majesty and the United States, and between their

respective countries, territories, cities, towns, and people, of

every degree, without exception of places or persons. All

hostilities, both by sea and land, shall cease as soon as this

Treaty shall have been ratified by both parties, as hereinafter

mentioned. All territory, places, and possessions whatsoever, taken

by either party from the other during the war, or which may be

taken after the signing of this Treaty, excepting only the islands

hereinafter mentioned, shall be restored without delay, and without

causing any destruction or carrying away any of the artillery or

other public property originally captured in the said forts or

places, and which shall remain therein upon the exchange of the

ratifications of this Treaty, or any slaves or other private

property. And all archives, records, deeds, and papers, either of

a public nature or belonging to private persons, which, in the

course of the war, may have fallen into the hands of the officers

of either party, shall be, as far as may be practicable, forthwith

restored and delivered to the proper authorities and persons to

whom they respectively belong. Such of the islands in the Bay of

 

Passamaquoddy as are claimed by both parties, shall remain in the

possession of the party in whose occupation they may be at the time

of the exchange of the ratifications of this Treaty, until the

decision respecting the title to the said islands shall have been

made in conformity with the fourth article of this Treaty. No

disposition made by this Treaty as to such possession of the

islands and territories claimed by both parties shall, in any

manner whatever, be construed to affect the right of either.

 

 

Article II

 

     Immediately after the ratifications of this Treaty by both

parties, as hereinafter mentioned, orders shall be sent to the

armies, squadrons, officers, subjects and citizens of the two

Powers to cease from all hostilities. And to prevent all causes of

complaint which might arise on account of the prizes which may be

taken at sea after the said ratifications of this Treaty, it is

reciprocally agreed that all vessels and effects which may be taken

after the space of twelve days from the said ratifications, upon

all parts of the coast of North America, from the latitude of

twenty-three degrees north to the latitude of fifty degrees north,

and as far eastward in the Atlantic Ocean as the thirty-sixth

degree of west longitude from the meridian of Greenwich, shall be

restored on each side: that the time shall be thirty days in all

other parts of the Atlantic Ocean north of the equinoctial line or

equator, and the same time for the British and Irish Channels, for

the Gulf of Mexico, and all parts of the West Indies; forty days

for the North Seas, for the Baltic, and for all parts of the

Mediterranean; sixty days for the Atlantic Ocean south of the

equator, as far as the latitude of the Cape of Good Hope; ninety

days for every other part of the world south of the equator; and

one hundred and twenty days for all other parts of the world,

without exception.

 

Article III

 

     All prisoners of war taken on either side, as well by land as

by sea, shall be restored as soon as practicable after the

ratifications of this Treaty, as hereinafter mentioned, on their

paying the debts which they may have contracted during their

captivity. The two contracting parties respectively engage to

discharge, in specie, the advances which may have been made by the

other for the sustenance and maintenance of such prisoners. 

 

Article IV

 

     Whereas it was stipulated by the second article in the Treaty

of peace of one thousand seven hundred and eighty-three, between

His Britannic Majesty and the United States of America, that the

boundary of the United States should comprehend all islands within

twenty leagues of any part of the shores of the United States, and

lying between lines to be drawn due east from the points where the

aforesaid boundaries, between Nova Scotia on the one part, and East

Florida on the other, shall respectively touch the Bay of Fundy and

the Atlantic Ocean, excepting such islands as now are, or

heretofore have been, within the limits of Nova Scotia; and whereas

the several islands in the Bay of Passamaquoddy, which is part of

the Bay of Fundy, and the Island of Grand Menan, in the said Bay of

 

Fundy, are claimed by the United States as being comprehended

within their aforesaid boundaries, which said islands are claimed

as belonging to His Britannic Majesty, as having been, at the time

of and previous to the aforesaid Treaty of one thousand seven

hundred and eighty-three, within the limits of the Province of Nova

Scotia. In order, therefore, finally to decide upon these claims,

it is agreed that they shall be referred to two Commissioners to be

appointed in the following manner, viz: One Commissioner shall be

appointed by His Britannic Majesty, and one by the President of the

United States, by and with the advice and consent of the Senate

thereof; and the said two Commissioners so appointed shall be sworn

impartially to examine and decide upon the said claims according to

such evidence as shall be laid before them on the part of His

Britannic Majesty and of the United States respectively. The said

Commissioners shall meet at St. Andrews, in the Province of New

Brunswick, and shall have power to adjourn to such other place or

places as they shall think fit. The said Commissioners shall, by a

declaration or report under their hands and seals, decide to which

of the two contracting parties the several islands aforesaid do

respectively belong, in conformity with the true intent of the said

Treaty of peace of one thousand seven hundred and eighty-three. And

if the said Commissioners shall agree in their decision, both

parties shall consider such decision as final and conclusive. It is

further agreed that, in the event of the two Commissioners

differing upon all or any of the matters so referred to them, or in

the event of both or either of the said Commissioners refusing, or

declining or wilfully omitting to act as such, they shall make,

jointly or separately, a report or reports, as well to the

Government of His Britannic Majesty as to that of the United

States, stating in detail the points on which they differ, and the

grounds upon which their respective opinions have been formed, or

the grounds upon which they, or either of them, have so refused,

declined, or omitted to act. And His Britannic Majesty and the

Government of the United States hereby agree to refer the report or

reports of the said Commissioners to some friendly sovereign or

State, to be then named for that purpose, and who shall be

requested to decide on the differences which may be stated in the

said report or reports, or upon the report of one Commissioner,

together with the grounds upon which the other Commissioner shall

have refused, declined, or omitted to act, as the case may be. And

if the Commissioner so refusing, declining, or omitting to act,

shall also wilfully omit to state the grounds upon which he has so

done, in such manner that the said statement may be referred to

such friendly sovereign or State, together with the report of such

other Commissioner, then such sovereign or State shall decide ex

parte upon the said report alone. And His Britannic Majesty and the

Government of the United States engage to consider the decision of

such friendly sovereign or State to be final and conclusive on all

the matters so referred.

 

 

Article V

 

     Whereas neither the point of the highlands lying due north

from the source of the river St. Croix, and designated in the

former Treaty of peace between the two Powers as the northwest

angle of Nova Scotia, nor the northwesternmost head of Connecticut

River, has yet been ascertained; and whereas that part of the

boundary line between the dominions of the two Powers which extends

from the source of the river St. Croix directly north to the above

mentioned north west angle of Nova Scotia, thence along the said

highlands which divide those rivers that empty themselves into the

river St. Lawrence from those which fall into the Atlantic Ocean to

the northwesternmost head of Connecticut River, thence down along

the middle of that river to the forty-fifth degree of north

latitude; thence by a line due west on said latitude until it

strikes the river Iroquois or Cataraquy, has not yet been surveyed:

it is agreed that for these several purposes two Commissioners

shall be appointed, sworn, and authorized to act exactly in the

manner directed with respect to those mentioned in the next

preceding article, unless otherwise specified in the present

article. The said Commissioners shall meet at St. Andrews, in the

Province of New Brunswick, and shall have power to adjourn to such

other place or places as they shall think fit. The said

Commissioners shall have power to ascertain and determine the

points above mentioned, in conformity with the provisions of the

said Treaty of peace of one thousand seven hundred and

eighty-three, and shall cause the boundary aforesaid, from the

source of the river St. Croix to the river Iroquois or Cataraquy,

to be surveyed and marked according to the said provisions. The

said Commissioners shall make a map of the said boundary, and annex

to it a declaration under their hands and seals, certifying it to

be the true map of the said boundary, and particularizing the

latitude and longitude of the northwest angle of Nova Scotia, of

the northwesternmost head of Connecticut River, and of such other

points of the said boundary as they may deem proper. And both

parties agree to consider such map and declaration as finally and

conclusively fixing the said boundary. And in the event of the said

two Commissioners differing, or both or either of them refusing,

declining, or wilfully omitting to act, such reports, declarations,

or statements shall be made by them, or either of them, and such

reference to a friendly sovereign or State shall be made in all

respects as in the latter part of the fourth article is contained,

and in as full a manner as if the same was herein repeated. 

 

Article VI

 

     Whereas by the former Treaty of peace that portion of the

boundary of the United States from the point where the forty-fifth

degree of north latitude strikes the river Iroquois or Cataraquy to

the Lake Superior, was declared to be "along the middle of

said river into Lake Ontario, through the middle of said lake,

until it strikes the communication by water between that lake and

Lake Erie, thence along the middle of said communication into Lake

Erie, through the middle of said lake until it arrives at the water

 

communication into Lake Huron, thence through the middle of said

lake to the water communication between that lake and Lake

Superior;" and whereas doubts have arisen what was the middle

of the said river, lakes, and water communications, and whether

certain islands lying in the same were within the dominions of His

Britannic Majesty or of the United States: In order, therefore,

finally to decide these doubts, they shall be referred to two

Commissioners, to be appointed, sworn, and authorized to act

exactly in the manner directed with respect to those mentioned in

the next preceding article, unless otherwise specified in this

present article. The said Commissioners shall meet, in the first

instance, at Albany, in the State of New York, and shall have power

to adjourn to such other place or places as they shall think fit.

The said Commissioners shall, by a report or declaration, under

their hands and seals, designate the boundary through the said

river, lakes, and water communications, and decide to which of the

two contracting parties the several islands lying within the said

rivers, lakes, and water communications, do respectively belong, in

conformity with the true intent of the said Treaty of one thousand

seven hundred and eighty-three. And both parties agree to consider

such designation and decision as final and conclusive. And in the

event of the said two Commissioners differing, or both or either of

them refusing, declining, or wilfully omitting to act, such

reports, declarations, or statements shall be made by them, or

either of them, and such reference to a friendly sovereign or State

shall be made in all respects as in the latter part of the fourth

article is contained and in as full a manner as if the same was

herein repeated. 

 

Article VII

 

     It is further agreed that the said two last-mentioned

Commissioners, after they shall have executed the duties assigned

to them in the preceding article, shall be, and they are hereby,

authorized upon their oaths impartially to fix and determine,

according to the true intent of the said Treaty of peace of one

thousand seven hundred and eighty-three, that part of the boundary

between the dominions of the two Powers which extends from the

water communication between Lake Huron and Lake Superior, to the

most northwestern point of the Lake of the Woods, to decide to

which of the two parties the several islands lying in the lakes,

water communications, and rivers, forming the said boundary, do

respectively belong, in conformity with the true intent of the said

Treaty of peace of one thousand seven hundred and eighty-three; and

to cause such parts of the said boundary as require it to be

surveyed and marked. The said Commissioners shall, by a report or

declaration under their hands and seals, designate the boundary

aforesaid, state their decision on the points thus referred to

them, and particularize the latitude and longitude of the most

northwestern point of the Lake of the Woods, and of such other

parts of the said boundary as they may deem proper. And both

parties agree to consider such designation and decision as final

and conclusive. And in the event of the said two Commissioners

 

differing, or both or either of them refusing, declining, or

wilfully omitting to act, such reports, declarations, or statements

shall be made by them, or either of them, and such reference to a

friendly sovereign or state shall be made in all respects as in the

latter part of the fourth article is contained, and in as full a

manner as if the same was herein repeated.

 

Article VIII

 

     The several boards of two Commissioners mentioned in the four

preceding articles shall respectively have power to appoint a

secretary, and to employ such surveyors or other persons as they

shall judge necessary. Duplicates of all their respective reports,

declarations, statements, and decisions, and of their accounts, and

of the journal of their proceedings, shall be delivered by them to

the agents of His Britannic Majesty and to the agents of the United

States, who may be respectively appointed and authorized to manage

the business on behalf of their respective Governments. The said

Commissioners shall be respectively paid in such manner as shall be

agreed between the two contracting parties, such agreement being to

be settled at the time of the exchange of the ratifications of this

Treaty. And all other expenses attending the said commissions shall

be defrayed equally by the two parties. And in the case of death,

sickness, resignation, or necessary absence, the place of every

such Commissioner, respectively, shall be supplied in the same

manner as such Commissioner was first appointed, and the new

Commissioner shall take the same oath or affirmation, and do the

same duties. It is further agreed between the two contracting

parties, that in case any of the islands mentioned in any of the

preceding articles, which were in the possession of one of the

parties prior to the commencement of the present war between the

two countries, should, by the decision of any of the boards of

commissioners aforesaid, or of the sovereign or State so referred

to, as in the four next preceding articles contained, fall within

the dominions of the other party, all grants of land made previous

to the commencement of the war, by the party having had such

possession, shall be as valid as if such island or islands had, by

such decision or decisions, been adjudged to be within the

dominions of the party having had such possession.

 

Article IX

 

     The United States of America engage to put an end, immediately

after the ratification of the present Treaty, to hostilities with

all the tribes or nations of Indians with whom they may be at war

at the time of such ratification; and forthwith to restore to such

tribes or nations, respectively, all the possessions, rights, and

privileges which they may have enjoyed or been entitled to in one

thousand eight hundred and eleven, previous to such hostilities.

Provided always that such tribes or nations shall agree to desist

from all hostilities against the United States of America, their

citizens and subjects, upon the ratification of the present Treaty

being notified to such tribes or nations, and shall so desist

accordingly. And his Britannic Majesty engages, on his part, to put

 

an end immediately after the ratification of the present Treaty, to

hostilities with all the tribes or nations of Indians with whom he

may be at war at the time of such ratification, and forthwith to

restore to such tribes or nations respectively all the possessions,

rights, and privileges which they may have enjoyed or been entitled

to in one thousand eight hundred and eleven, previous to such

hostilities. Provided always that such tribes or nations shall

agree to desist from all hostilities against His Britannic Majesty,

and his subjects, upon ratification of the present Treaty being

notified to such tribes or nations, and shall so desist

accordingly.

 

Article X

 

     Whereas the traffic in slaves is irreconcilable with the

principles of humanity and justice, and whereas both His Majesty

and the United States are desirous of continuing their efforts to

promote its entire abolition, it is hereby agreed that both the

contracting parties shall use their best endeavours to accomplish

so desirable an object.

 

Article XI

 

     This Treaty, when the same shall have been ratified on both

sides, without alteration by either of the contracting parties, and

the ratifications mutually exchanged, shall be binding on both

parties, and the ratifications shall be exchanged at Washington, in

the space of four months from this day, or sooner if practicable.

 

     In faith whereof we, the respective Plenipotentiaries, have

signed this Treaty, and have thereunto affixed our seals. 

Done, in triplicate, at Ghent, the twenty-fourth day of December,

one thousand eight hundred and fourteen. 

 

     Gambier Henry Goulburn, William Adams, John Quincy Adams,

J. A. Bayard, H. Clay, John. Russell, Albert Gallatin

 

     Footnote 7

 

          These are the words of a first-hand observer, Anthony

Sherman,

who was there and describes the situation:  "You doubtless heard

the story of Washington's going to the thicket to pray.  Well, it

is not only true, but he used often to pray in secret for aid and

comfort from God, the interposition of whose Divine Providence

brought us safely through the darkest days of tribulation."

 

 

     "One day, I remember it well, when the chilly winds whistled

through the leafless trees, though the sky was cloudless and the

Sun shown brightly, he remained in his quarters nearly all the

afternoon alone.  When he came out, I noticed that his face was a

shade paler than usual.  There seemed to be something on his mind

of more than ordinary importance.  Returning just after dusk, he

dispatched an orderly to the quarters who was presently in

attendance.  After a preliminary conversation of about an hour,

Washington, gazing upon his companion with that strange look of

dignity which he alone commanded, related the event that occurred

that day."

 

Washington's Own Words

 

     "`I do not know whether it is owing to the anxiety of my mind,

or what, but this afternoon, as I was sitting at this table engaged

in preparing a dispatch, something seemed to disturb me.  Looking

up, I beheld standing opposite me a singularly beautiful being.  So

astonished was I, for I had given strict orders not to be

 

disturbed, that it was some moments before I found language to

inquire the cause of the visit.  A second, a third, and even a

fourth time did I repeat the question, but received no answer from

my mysterious visitor except a slight raising of the eyes.

 

     "`By this time I felt strange sensations spreading through me.

 

I would have risen but the riveted gaze of the being before me

rendered volition impossible.  I assayed once more to speak, but my

tongue had become useless, as though it had become paralyzed.  A

new influence, mysterious, potent, irresistible, took possession of

me.  All I could do was to gaze steadily, vacantly at my unknown

visitor. 

     "`Gradually the surrounding atmosphere seemed to fill with

sensations, and grew luminous.  Everything about me seemed to

rarefy, the mysterious visitor also becoming more airy and yet more

distinct to my eyes than before.  I began to feel as one dying, or

rather to experience the sensations which I have sometimes imagined

accompany death.  I did not think, I did not reason, I did not

move.  All were alike impossible.  I was only conscious of gazing

fixedly, vacantly at my companion.

 

     "`Presently I heard a voice saying, "Son of the Republic, look

and learn," while at the same time my visitor extended an arm

eastward.  I now beheld a heavy white vapor at some distance rising

fold upon fold.  This gradually dissipated, and I looked upon a

strange scene.  Before me lay spread out in one vast plain all the

countries of the world--Europe, Asia, Africa, and America.  I saw

rolling and tossing between Europe and America the billows of the

Atlantic, and between Asia and America lay the Pacific.  "Son of

the Republic,' said the same mysterious voice as before, 'look and

learn." 

     "`At that moment I beheld a dark, shadowy being, like an

angel, standing, or rather floating in mid-air, between Europe and

America.  Dipping water out of the ocean in the hollow of each

hand, he sprinkled some upon America with his right hand, while

with his left hand he cast some on Europe.  Immediately a cloud

arose from these countries, and joined in mid-ocean.  For a while

it seemed stationary, and then it moved slowly westward, until it

enveloped America in its murky folds.  Sharp flashes of lightning

gleamed through it at intervals, and I heard the smothered groans

and cries of the American people.

     "A second time the angel dipped water from the ocean, and

sprinkled it out as before.  The dark cloud was then drawn back to

the ocean, in whose heaving billows it sank from view. 

 

     "`A third time I heard the mysterious visitor saying, "Son of

the Republic, look and learn,"  I cast my eyes upon America and

beheld villages, towns, and cities springing up one after another

until the whole land from the Atlantic to the Pacific was dotted

with them.  Again, I heard the mysterious voice say, "Son of the

Republic, the end of the century cometh, look and learn." 

     "`And this the dark shadowy angel turned his face southward.

>From Africa I saw an ill-omened specter approach our land.  It

flitted slowly over every town and city of the latter.  The

 

inhabitants presently set themselves in battle array against each

other.  As I continued looking I saw a bright angel on whose brow

rested a crown of light, on which was traced the word "Union."  He

bearing the American flag.  He placed the flag between the divided

nation, and said, "Remember ye are brethren." 

 

     "`Instantly, the inhabitants, casting down their weapons,

became friends once more and united around the National Standard.

     "`And again I heard the mysterious voice saying, "Son of the

Republic, look and learn."  At this the dark, shadowy angel placed

a trumpet to his mouth, and blew three distinct blasts; and taking

water from the ocean, he sprinkled it upon Europe, Asia, and

Africa. 

     "`Then my eyes beheld a fearful scene.  From each of these

countries arose thick, black clouds that were soon joined into one.

 

And through this mass there gleamed a dark red light by which I saw

hordes of armed men.  These men, moving with the cloud, marched by

land and sailed by sea to America, which country was enveloped in

this volume of the cloud.  And I dimly saw these vast armies

devastate the whole country and burn the villages, towns, and

cities that I beheld springing up. 

     "`As my ears listened to the thundering of the cannon,

clashing of swords, and the shouts and cries of millions in mortal

combat, I heard again the mysterious voice saying, "Son of the

Republic, look and learn."  When the voice had ceased, the dark

shadowy angel placed his trumpet once more to his mouth, and blew

a long fearful blast.

 

     "`Instantly a light as of a thousand suns shone down from

above me, and pierced and broke into fragments the dark clouds

which enveloped America.  At the same moment the angel upon whose

head still shone the word "Union," and who bore our national flag

in one hand and a sword in the other, descended from the heavens

attended by legions of white spirits.  These immediately joined the

inhabitants of America, who I perceived were well-nigh overcome,

but who immediately taking courage again, closed up their broken

ranks and renewed the battle.

 

     "Again, amid the fearful noise of the conflict I heard the

mysterious voice saying, "Son of the Republic, look and learn."  As

the voice ceased, the shadowy angel for the last time dipped water

from the ocean and sprinkled it upon America.  Instantly the dark

cloud rolled back, together with the armies it had brought, leaving

the inhabitants of the land victorious.

 

     "`Then once more I beheld the villages, towns and cities

springing up where I had seen them before, while the bright angel,

planting the azure standard he had brought in the midst of them,

cried with a loud voice:  "While the stars remain, and the heavens

send down dew upon the earth, so long shall the Union last."  And

taking from his brow the crown on which blazoned the word "Union,"

he placed it upon the Standard while the people kneeling down said,

"Amen."

     "`The scene instantly began to fade and dissolve, and I at

last saw nothing but the rising, curling vapor I at first beheld.

This also disappeared, I found myself once more gazing upon the

 

mysterious visitor, who, in the same voice I had heard before,

said, "Son of the Republic, what you have seen is thus interpreted.

 

Three great perils will come upon the Republic.  The most fearful

for her is the third.  But the whole world united shall not prevail

against her.  Let every child of the Republic learn to live for his

God, his land and Union.  With these words the vision vanished, and

I started from my seat and felt that I had seen a vision wherein

had been shown me the birth, progress, and destiny of the United

States."

 

     Thus ended General George Washington's vision and prophecy for

the United States of America as told in his own words. 

 

 

     Footnote 8

 

     "In Title 1, Section 1 it says: The actions, regulations,

rules, licenses, orders and proclamations heretofore or hereafter

taken, promulgated, made, or issued by the President of the United

States or the Secretary of the Treasury since March 4, 1933,

pursuant to the authority conferred by subdivision (b) of section

5 of the Act of October 6, 1917, as amended, are hereby approved

and confirmed."

     "Section 2. Subdivision (b) of section 5 of the Act of October

6, 1917, (40 Stat. L. 411), as amended, is hereby amended to read

as follows: emergency declared by the President, the President may,

through any agency that he may designate, or otherwise,

investigate, regulate, or prohibit, under such rules and

regulations as he may prescribe, by means of licenses or otherwise,

any transactions in foreign exchange, transfers of credit between

or payments by banking institutions as defined by the President,

and export, hoarding, melting, or earmarking of gold or silver coin

or bullion or currency, BY ANY PERSON WITHIN THE UNITED STATES OR

ANY PLACE SUBJECT TO THE JURISDICTION THEREOF."

 

     Here is the legal phrase subject to the jurisdiction thereof,

but at law this refers to alien enemy and also applies to

Fourteenth Amendment citizens: 

 

     "As these words are used in the first section of the

Fourteenth Amendment of the Federal Constitution, providing for the

citizenship of all persons born or naturalized in the United States

and subject to the jurisdiction thereof, the purpose would appear

to have been to exclude by the fewest words (besides children of

members of the Indian tribes, standing in a peculiar relation to

the National Government, unknown to the common Law), the two

classes of cases, children born of *ALIEN ENEMIES(emphasis mine),

in hostile occupation, and children of diplomatic representatives

of a foreign state, both of which, by the law of England and by our

own law, from the time of the first settlement of the English

colonies in America, had been recognized exceptions to the

fundamental rule of citizenship by birth within the country."

United States v Wong Kim Ark, 169 US 649, 682, 42 L Ed 890, 902, 18

S Ct 456. Ballentine's Law Dictionary

 

Congressman Beck had this to say about the War Powers Act:

 

     "I think of all the damnable heresies that have ever been

suggested in connection with the Constitution, the doctrine of

emergency is the worst.  It means that when Congress declares an

 

emergency there is no Constitution.  This means its death....But

the Constitution of the United States, as a restraining influence

in keeping the federal government within the carefully prescribed

channels of power, is moribund, if not dead.  We are witnessing its

death-agonies, for when this bill becomes a law, if unhappily it

becomes law, there is no longer any workable Constitution to keep

the Congress within the limits of its constitutional powers."

(Congressman James Beck in Congressional Record 1933)

 

     The phrase Alien Enemy is defined in Bouvier's Law Dictionary

as: One who owes allegiance to the adverse belligerent. 1 Kent 73.

     He who owes a temporary but not a permanent allegiance is an

alien enemy in respect to acts done during such temporary

allegiance only; and when his allegiance terminates, his hostile

character terminates also; 1 B. & P. 163.

     Alien enemies are said to have no rights, no privileges,

unless by the king's special favor, during time of war; 1 Bla. Com.

372; Bynkershoek 195; 8 Term 166. [Remember we've been under a

declared state of war since October 6, 1917, as amended March 9,

1933 to include every United States citizen.]

 

     "The phrase Alien Enemy is defined in Words and Phrases as:

Residence of person in territory of nation at war with United

States was sufficient to characterize him as "alien enemy" within

Trading with the Enemy Act, even if he had acquired and retained

American citizenship." Matarrese v. Matarrese, 59 A.2d 262, 265,

142 N.J. Eq. 226.

     "Residence or doing business in a hostile territory is the

test of an "alien enemy: within meaning of Trading with the Enemy

Act and Executive Orders thereunder."  Executive Order March 11,

1942, No. 9095, as amended, 50 U.S.C.A. Appendix 6; Trading with

the Enemy Act 5 (b). In re Oneida Nat. Bank & Trust Co. of Utica,

53 N.Y.S. 2d. 416, 420, 421, 183 Misc. 374.

     "By the modern phrase, a man who resides under the allegiance

and protection of a hostile state for commercial purposes is to be

considered to all civil purposes as much an `alien enemy' as if he

were born there."  Hutchinson v. Brock, 11 Mass. 119, 122.

 

     "The trading with the enemy Act, originally and as amended, in

strictly a war measure, and finds its sanction in the provision

empowering Congress "to declare war, grant letters of Marque and

reprisal, and make rules concerning captures on land and water." 

Stoehr v. Wallace 255 U.S.

 

 

 

James Montgomery

08/05/96

 

 

Knowledge is Freedom BBS

1-910-869-0780

24HR.

28,000 Baud

 

 

 

     James Brought up the term residence and my research has

brought forth the following which is why the gov't wants you to

declare yourself as a "resident."  Resident has one purpose in tax

law and commercial law.  Resident is the opposite of non-resident,

"Resident" is legally defined in United States v. Penelope, 27 Fed.

Case No. 16024, which states: "But admitting that the common

acceptance of the word and its legal technical meaning are

different, we must presume that Congress meant to adopt the

latter.", page 487.  "But this is a highly penal act, and must have

strict construction. * * * The question seems to be whether they

 

inserted 'resident' without the legal meaning generally affixed to

it.  If they have omitted to express their meaning, we cannot

supply it.", page 489.

 

     Ask yourself this question, has the State or United States, in

their tax statutes, defined the word "resident" in its legal

technical meaning?  The Penelope Court stated the legal meaning of

the term "resident" at page 489: "In the case of Hylton v. Brown

[Case No. 6,981] in the Circuit Court, and cases in this court, the

following has always been my definition of the words 'resident,' or

'inhabitant,' which in my view, means the same thing.  An

inhabitant, or resident, is a person coming into a place with an

intention to establish his domicile, or per-manent residence: under

this intention he takes a house, or lodgings, as one fixed and

stationary, and opens a store or takes any step preparatory to do

business or in execution of this settled intention." [Emphasis

added ]

 

     The other legal definition for "resident" can be found in

Jowitt's English Law Dictionary, 1977 edition which states;

"RESIDENT, An agent, minister or officer residing in any distant

place with the dignity of an ambassador: the chief representative

of government at certain princely states; Residents are as class of

public ministers inferior to ambassadors and envoys, but, like

them, they are protected under the law of nations."

 

     This bears out James' work that the resident, who is a

government agent, official, etc., is doing business for the British

Crown to collect the debt of those residents who are claiming

citizenship of the States or United States because that would make

them subjects liable to pay the pecuniary contribution, disguised

as a "Gross Income Tax," to the Crown.

 

            The United States is Still a British Colony, Part 2

                             BEND OVER AMERICA

03/30/97

 

     Mark Twain: "You see, my kind of loyalty was loyalty to

one's country, not to institutions or its officeholders.  The

country is the real thing; it is the thing to watch over and care

for and be loyal to; institutions extraneous, they are its mere

clothing, and clothing can wear out, become ragged, cease to be

comfortable, cease to protect the body from winter, disease, and

 

death.  To be loyal to rags, to shout for rags, to worship rags,

to die for rags--that is a loyalty of unreason; it is pure

animal; it belongs to monarchy; was invented by monarchy; let

monarchy keep it.  I was from Connecticut, whose constitution

declared "That all political power is inherent in the people, and

all free governments are founded on their authority and

instituted for their benefit, and that they have at all times an

undeniable and indefensible right to alter their form of

government in such a manner as they think expedient."  Under that

gospel, the citizen who thinks that the Commonwealth's political

clothes are worn out and yet holds his peace and does not agitate

for a new suit, is disloyal; he is a traitor.  That he may be the

only one who thinks he sees this decay does not excuse him; it is

his duty to agitate, anyway, and it is the duty of others to vote

him down if they do not see the matter as he does."

Congressional Record, April 9, 1934

 

     Mark Twain has stated very well what needs to be the

motivation of all patriots, but any new government with leaders

that do not allow God Almighty's Word and Law to reign Supreme

will return to the ashes in which it was begun.

 

                          GUIDE TO THE FOOTNOTES

 

Footnote #1 - Chronology of North Carolina Governors and Original

Virginia Colony, page 15

Footnote #2 - Virginia Charter, 1609, page 18

Footnote #3 - Virginia Charter, 1621, page 27

Footnote #4 - Charter creating the Council of State, 1621, page

29

Footnote #5 - Carolina Charter, 1663, page 31

Footnote #6 - Carolina Charter granting Proprietorship to eight

lords, 1669, page 42

Footnote #7 - Florida Charter, 1763, page 65

Footnote #8 - Hudson Bay Charter, 1670, page 69

Footnote #9 - North Carolina Constitution, 1776, page 80

Footnote #10 - North Carolina Constitution, 1789, and latter

amendments, page 88

Footnote #11 - Congressional Record, page 127

 

                                  PART II

 

 

 

     It's not an easy thing having to tell someone they have been

conned into believing they are free.  For some, to accept this is

comparable to denying God Almighty.

     You have to be made to understand that the United States is

a corporation, which is a continuation of the corporate Charters

created by the king of England.  And that the states upon

ratifying their individual State constitutions, became sub

corporations under and subordinate to the United States.  The

counties and municipalities became sub corporations under the

State Charters.  It is my duty to report further evidence

concerning the claims I made in "The United States is Still a

 

British Colony, part 1."

     I have always used a copy of the North Carolina Constitution

provided by the State, I should have known better to take this as

the finial authority.  To my knowledge the following quote has

not been in the Constitution the State hands out or those in use

in the schools.  The 1776 North Carolina Constitution created a

new corporate Charter, and declared our individual freedoms.

However,  the same corporate Charter, reserved the king's title

to the land, which restored, and did not diminish, his grants

that were made in his early Charters.    If you remember, I made

the claim that legally we are still subject to the king.  In the

below quote you will see that the king declares our  taxation

will be forever, and that a fourth of all gold and silver will be

returned to him.

 

"YIELDlNG AND PAYING yearly, to us, our heirs and Successors, for

the same, the yearly Rent of Twenty Marks of Lawful money of

England, at the Feast of All Saints, yearly, forever, The First

payment thereof to begin and be made on the Feast of All Saints

which shall be in the year of Our Lord One thousand six hundred

Sixty and five; AND also, the fourth part of all Gold and Silver

Ore which, with the limits aforesaid, shall, from time to time,

happen to be found."

(Feast of All Saints occurred November 1 of each year.)  The

Carolina Charter, 1663 footnote #5

 

     I know Patriots will have a hard time with this, because as

I said earlier, they would have to deny what they have been

taught from an early age.  You have to continue to go back in

historical documents and see if what you have been taught is

correct.  The following quote is from section 25 of the 1776

North Carolina Constitution, Declaration of Rights.

 

And provided further, that nothing herein contained shall affect

the titles or possessions of individuals holding or claiming

under the laws heretofore in force, or grants heretofore made by

the late King George II, or his predecessors, or the late lords

proprietors, or any of them.

Declaration of Rights 1776, North Carolina Constitution, Footnote

#8

 

     Can it be any plainer?  Nobody reads, they take what is told

to them by their schools and government as gospel, and never look

any further.  They are quick to attack anyone that does because

it threatens their way of life, rocks the boat in other words.

Read the following quote from a court case:

 

     "* * * definition given by Blackstone, vol. 2, p. 244. I

shall therefore only cite that respectable authority in his own

words: "Escheat, we may remember, was one of the fruits and

consequences of feudal tenure; the word itself is originally

French or Norman, in which language it signifies chance or

accident, and with us denotes an obstruction of the course of

descent, and a consequent determination of the tenure by some

unforeseen contingency, in which case the estate naturally

results back, by a kind of reversion, to the original grantor, or

lord of the fee."

     Every person knows in what manner the citizens acquired the

property of the soil within the limits of this State. Being

dissatisfied with the measures of the British Government, they

 

revolted from it, assumed the government into their own hands,

seized and took possession of all the estates of the King of

Great Britain and his subjects, appropriated them to their own

use, and defended their possessions against the claims of Great

Britain, during a long and bloody war,  and finally obtained a

relinquishment of those claims by the treaty of Paris. But this

State had no title to the territory prior to the title of the

King of Great Britain and his subjects, nor did it ever claim as

lord paramount to them. This State was not the original grantor

to them, nor did they ever hold by any kind of tenure under the

State, or owe it any allegiance or other duties to which an

escheat is annexed. How then can it be said that the lands in

this case naturally result back by a kind of reversion to this

State, to a source from whence it never issued, and from tenants

who never held under it? Might it not be stated with equal

propriety that this country escheated to the King of Great

Britain from the Aborigines, when he drove them off, and took and

maintained possession of their country?    At the time of the

revolution, and before the Declaration of Independence, the

collective body of the people had neither right to nor possession

of the territory of this State; it is true some individuals had a

right to, and were in possession of certain portions of it, which

they held under grants from the King of Great Britain; but they

did not hold, nor did any of his subjects hold, under the

collective body of the people, who had no power to grant any part

of it. After the Declaration of Independence and the

establishment of the Constitution, the people may be said first

to have taken possession of this country, at least so much of it

as was not previously appropriated to individuals. Then their

sovereignty commenced, and with it a right to all the property

not previously vested in individual citizens, with all the other

rights of sovereignty, and among those the right of escheats.

This sovereignty did not accrue to them by escheat, but by

conquest, from the King of Great Britain and his subjects; but

they acquired nothing by that means from the citizens of the

State ─ each individual had, under this view of the case, a right

to retain his private property, independent of the reservation in

the declaration of rights; but if there could be any doubt on

that head, it is clearly explained and obviated by the proviso in

that instrument. Therefore, whether the State took by right of

conquest or escheat, all the interest which the U. K. had

previous to the Declaration of Independence still remained with

them, on every principle of law and equity, because they are

purchasers for a valuable consideration, and being in possession

as cestui que trust under the statute for transferring uses into

possession; and citizens of this State, at the time of the

Declaration of Independence, and at the time of making the

declaration of rights, their interest is secured to them beyond

the reach of any Act of Assembly; neither can it be affected by

any principle arising from the doctrine of escheats, supposing,

 

what I do not admit, that the State took by escheat."

MARSHALL v. LOVELESS, 1 N.C. 412 (1801), 2 S.A. 70

 

     There was no way we could have had a perfected title to this

land.  Once we had won the Revolutionary War we would had to have

had an unconditional surrender by the king, this did not take

place.  Not what took place at Yorktown, when we let the king off

the hook.  Barring this, the king would have to had sold us this

land, for us to have a perfected title, just as the Indians sold

their land to the king, or the eight Carolina Proprietors sold

Carolina back to the king.  The treaty of 1783 did not remove his

claim and original title, because he kept the minerals.  This was

no different than when king Charles II gave Carolina by Charter

to the lords that helped put him back in power; compare them and

you will see the end result is the same.  The Charter to the

lords is footnote #6, where eight proprietors were given title to

the land, but the king retained the money and sovereignty for his

heirs.  The king could not just give up America to the

colonialist, nor would he.  He would violate his own law of

Mortmain to put these lands in dead hands, no longer to be able

to be used by himself, or his heirs and successors.  He would

also be guilty of harming his heirs and successors, by giving

away that which he declared in the following quotes, and there

are similar quotes in the other Charters:

 

"SAVING always, the Faith, Allegiance, and Sovereign Dominion

due to us, our heirs and Successors, for the same; and Saving

also, the right, title, and interest of all and every our

Subjects of the English Nation which are now Planted within the

Limits bounds aforesaid, if any be;..." The Carolina Charter,

1663 footnote #5

 

"KNOW YE, that We, of our further grace, certain knowledge, and

mere motion, HAVE thought fit to Erect the same Tract of Ground,

Country, and Island into a Province, and, out of the fullness of

our Royal power and Prerogative, WE Do, for us, our heirs and

Successors, Erect, Incorporate, and Ordain the same into a

province, and do call it the Province of CAROLINA, and so from

henceforth will have it called..." The Carolina Charter, 1663

footnote #5

 

     The U.S. Constitution is a treaty between the states

creating a corporation for the king.  In the below quote pay

attention to the large "S" State and the small "s" state.  The

large "S" State is referring to the corporate State and it's

sovereignty over the small "s" state, because of the treaty.

 

Read the following quote:

 

     "Headnote 5. Besides, the treaty of 1783 was declared by an

Act of Assembly of this State passed  in 1787, to be law in this

State, and this State by adopting the Constitution of the United

States in 1789, declared the treaty to be the supreme law of the

land.  The treaty now under consideration was made, on the part

of the United States, by a Congress composed of deputies from

each state, to whom were delegated by the articles of

confederation, expressly, "the sole and exclusive right and power

of entering into treaties and alliances"; and being ratified and

made by them, it became a complete national act, and the act and

 

law of every state.

     If, however, a subsequent sanction of this State was at all

necessary to make the treaty law here, it has been had and

repeated. By a statute passed in 1787, the treaty was declared to

be law in this State, and the courts of law and equity were

enjoined to govern their decisions accordingly. And in 1789 was

adopted here the present Constitution of the United States, which

declared that all treaties made, or which should be made under

the authority of the United States, should be the supreme law of

the land; and that the judges in every state should be bound

thereby; anything in the Constitution or laws of any state to the

contrary not withstanding.  Surely, then, the treaty is now law

in this State, and the confiscation act, so far as the treaty

interferes with it, is annulled."

      "By an act of the Legislature of North Carolina, passed in

April, 1777, it was, among other  things, enacted, "That all

persons, being subjects of this State, and now living therein, or

who  shall hereafter come to live therein, who have traded

immediately to Great Britain or Ireland,  within ten years last

past, in their own right, or acted as factors, storekeepers, or

agents  here, or in any of the United States of America, for

merchants residing in Great Britain or  Ireland, shall take an

oath of abjuration and allegiance, or depart out of the State."

Treaties are the "Law of the Land"  HAMILTON v. EATEN, 1 N.C. 641

(1796), HAMILTON v. EATEN. ─ 2 Mart., 1. U.S. Circuit Court.

(June Term, 1796.)

 

     Your presence in the State makes you subject to its laws,

read the following quote:

 

"The states are to be considered, with respect to each other, as

independent sovereignties,  possessing powers completely adequate

to their own government, in the exercise of which they are

limited only by the nature and objects of government, by their

respective constitutions and by that of the United States. Crimes

and misdemeanors committed within the limits of each are

punishable only by the jurisdiction of that state where they

arise; for the right of punishing, being founded upon the consent

of the citizens, express or implied, cannot be directed against

those who never were citizens, and who likewise committed the

offense beyond the territorial limits of the state claiming

jurisdiction. Our Legislature may define and punish crimes

committed within the State, whether by citizen or strangers;

because the former are supposed to have consented to all laws

made by the Legislature, and the latter, whether their residence

be temporary or permanent, do impliedly agree to yield obedience

to all such laws as long as they remain in the State;" 

STATE v. KNIGHT, 1 N.C. 143 (1799), 2 S.A. 70

 

     Do you understand now?  The treaty, the corporate Charter,

the North Carolina Constitution, by proxy of the electorates,

created residence in the large "S" State.  Not by some further

act you made.  So how can expatriation from the United States,

remove your residence in the "State", which was created by

treaty, ratified by our Fore Fathers.  As soon as the corporate

Charter (treaty) was ratified we returned to subjection to the

 

king of England, through the legal residence created by the

treaty.  Remember in the quote I gave earlier, by treaty we

recanted our declared freedom, and returned to the king his

sovereignty and title.  In the following quote you will see that

the State supreme court sits by being placed by the general

assembly:

 

NC Supreme Court History Supreme Court of North Carolina A Brief

History:

     "The legal and historical origins of the Supreme Court of

North Carolina lie in the State Constitution of 1776, which

empowered the General Assembly to appoint; Judges of the Supreme

Courts of Law and Equity; and; Judges of Admiralty.....The first

meeting of the Court took place on January 1, 1819.  The Court

began holding two sittings, or ; terms, ; a year, the first

beginning on the second Monday in June and the second on the last

Monday in December.  This schedule endured until the Constitution

of 1868 prescribed the first Mondays in January and July for the

sittings.  Vacancies on the Court were filled temporarily by the

Governor, with the assistance and advice of the Council of State,

until the end of the next session of the state General Assembly."

>From the internet, address can be made available.

 

 

 

                             Council of State    

 

 

What is the Council of State, and where did it originate?

 

III. "The one of which councils, to be called the council of

state (and whose office shall chiefly be assisting, with their

care, advice, and circumspection, to the said governor) shall be

chosen, nominated, placed, and displaced, from time to time, by

us the said treasurer, council

and company, and our successors: which council of state shall

consist, for the present only of these persons, as are here

inserted,..."

IV. "The other council, more generally to be called by the

governor, once yearly, and no oftener, but for very extraordinary

and important occasions, shall consist for the present, of the

said council of state, and of two burgesses out of every town,

hundred, or other particular plantation, to be respectively

chosen by the inhabitants: which council shall be called The

General Assembly, wherein (as also in the said council of state)

all matters shall be decided, determined, and ordered by the

greater part of the voices then present; reserving to the

governor always a negative voice. And this general assembly shall

have free power, to treat, consult, and conclude, as well of all

emergent occasions concerning the public weal of the said colony

and every part thereof, as also to make, ordain, and enact such

general laws and orders, for the behoof of the said colony, and

the good government thereof, as shall, from time to time, appear

necessary or requisite;..." An Ordinance and Constitution of the

Virginia Company in England. Footnote #4

 

     The job of the 1st Council of State was to make sure the

governor followed the kings wishes.  The 2nd was the general

assembly, the laws they passed had to conform to the king's law.

Read the following quote:

 

V. Whereas in all other things, we require the said general

assembly, as also the said council of state, to imitate and

 

follow the policy of the form of government, laws, customs, and

manner of trial, and other administration of justice, used in the

realm of England, as near as may be even as ourselves, by his

majesty's letters patent, are required.

VI. Provided, that no law or ordinance, made in the said general

assembly, shall be or continue in force or validity, unless the

same shall be solemnly ratified and confirmed, in a general

quarter court of the said company here in England, and so

ratified, be returned to them under our seal; it being our intent

to afford the like measure also unto the said colony, that after

the government of the said colony shall once have been well

framed, and settled accordingly, which is to be done by us, as by

authority derived from his majesty, and the same shall have been

so by us declared, no orders of court afterwards, shall bind the

said colony, unless they be ratified in like manner in the

general assemblies. In witness whereof we have hereunto set our

common seal the 24th of July, 1621. . . .An Ordinance and

Constitution of the Virginia Company in England. footnote #4

 

     The Council of State still exists to day, although it has

been modified several times.  The first major change came in the

1776,  North Carolina Constitution, read the below quotes:

 

16. "That the senate and house of commons, jointly, at their

first meeting, after each annual election, shall, by ballot,

elect seven persons to be a council of state for one year;  who

shall advise the governor in the execution of his office; and

that four members shall be a quorum; their advice and proceedings

shall be entered in a journal, to be kept for that purpose only,

and signed by the members present; to any part of which any

member present may enter his dissent. And such journal shall be

laid before the general assembly when called for by them."

footnote #9

 

19. "The governor, for the time being, shall have power to draw

for and apply such sums of money as shall be voted by the general

assembly, for the contingencies of government, and be accountable

to them for the same. He also may, by and with the advice of the

council of state, lay embargoes, or prohibit the exportation of

any commodity, for any term not exceeding thirty days, at any one

time in the recess of the general assembly;  and shall have the

power of granting pardons and reprieves, except where the

prosecution shall be carried on by the general assembly,

or the law shall otherwise direct; in which case, he may, in the

recess, grant a reprieve until the next sitting of the general

assembly; and he may exercise all the other executive powers of

government, limited and restrained, as by this constitution is

mentioned, and according to the laws of the State. And, on his

death, inability, or absence from the State, the speaker of the

senate, for the time being, and in case of his death, inability,

or absence from the State, the speaker of the house of commons,

shall exercise the powers of government, after such death, or

during such absence or inability of the governor, or speaker of

the senate, or until a new nomination is made by the general

 

assembly." footnote #9

20. "That, in every case, where any officer, the right of whose

appointment is, by this constitution, vested in the general

assembly, shall, during their recess, die, or his office by other

means become vacant, the governor shall have power, with the

advice of the council of State, to fill up such vacancy, by

granting a temporary commission, which shall expire at the end of

the next session of the general assembly."  footnote #9

 

Also take notice who was not allowed to serve as Council of

State:

 

26. "That no treasurer shall have a seat, either in the senate,

house of commons, or council of state, during his continuance in

that office, or before he shall have finally settled his accounts

with the public, for all the moneys which may be in his hands ,

at the expiration of his office, belonging to the State, and hath

paid the same into the hands of the succeeding treasurer."

 

27. "That no officer in the regular army or navy, in the service

and pay of the United States, of this State or any other State,

nor any contractor or agent for supplying such army or navy with

clothing or provisions, shall have a seat either in the senate ,

house of commons, or council of state, or be eligible thereto;

and any member of the senate, house of commons, or council of

state, being appointed to ,and accepting of such office, shall

thereby vacate his seat."

 

28. "That no member of the council of state shall have a seat,

either in the senate or house of commons."

 

30. "That no secretary of this State, attorney-general, or clerk

of any court of record, shall have a seat in the senate, house of

commons, or council of state." footnote #9

 

     The king continued to rule through the Council of State

until several things were in place, his bank, his laws and

tradition.  The king succeeded by the acceptance of the American

people that they were free, along with the whole of our history

not being taught in our schools.  The next change to the Council

of State came at the conquest of this country, I referred to this

in part 1, and in A Country Defeated In Victory.

 

     Read this quote from the 1868 North Carolina constitution,

Article 3, sec 14:

 

SEC. 14. "The Secretary of State, Auditor, Treasurer,

Superintendent of Public Works, and Superintendent of Public

Instruction, shall constitute ex officio, the Council of State,

who shall advise the Governor in the execution of his office, and

three of whom shall constitute a quorum; their advice and

proceedings in this capacity shall be entered in a Journal, to be

kept for this purpose exclusively, and signed by the members

present, from any part of which any member may enter his dissent;

and such journal shall be placed before the General Assembly when

called for by either House.  The Attorney General shall be, ex

offici, the legal adviser of the Executive Department." footnote

#10

 

     After the Civil War, the conquest of America, you see those

that were allowed to be Council of State, were elected officials.

Under the 1776 North Carolina Constitution, it was unlawful for

these elected officials to be Council of State.  Why?  Because,

 

the king could not trust the common man to obey him, now that

they thought they were free.  After the Civil War the Council of

State was no longer needed to fulfill the public policy of the

king, the Council of State still exists today, but in a reduced

capasity as far as the king goes.  Now he had the 14th Amendment,

his lawyers in the government, his bankers in control of the

governments money, and above all greed that causes most in office

to continue the status quo.

 

 

 

                 The Federal Reserve, Taxes and Tax Court

 

What I will show you next will shock you.  I made brief mention

in part 1, that taxes paid in this country were under treaty to

the king of England.  How about if I told you that the law that

created our taxes and this countries tax court go back in history

to William the Conqueror.  And to further help you understand the

below definitions, exchequer is the British branch of the Federal

Reserve.

 

Exchequer: "The English department of revenue.  A very ancient

court of record, set up by William the Conqueror, as a part of

the aula regia, and intended principally to order the revenues of

the crown, and to recover the king's debts and duties.  It was

called exchequer, "scaccharium," from the checked cloth,

resembling a chessboard, which covers the table."  Ballentine's

Law Dictionary

 

Exchequer: "That department of the English government which has

charge of the collection of the national revenue; the treasury

department."  Black's Law Dictionary 4th ed.

 

Exchequer: "In  English Law.  A department of the government

which has  the management of the collection of the king's

revenue."  Bouvier's Law Dictionary 1914 ed.

 

Court of Exchequer: "56.The court of exchequer is inferior in

rank not only to the court of king's bench, but to the common

pleas also: but I have chosen to consider it in this order, on

account of its double capacity, as a court of law and a court of

equity [44] also.  It is a very ancient court of record, set up

by William the Conqueror, as a part of the aula regia, through

regulated and reduced to its present order by King Edward I; and

intended principally to order the revenues of the crown, and to

recover the king's debts and duties.  It is called the exchequer,

scaccharium, from the chequed cloth, resembling a chess-board,

which covers the table there; and on which, when certain of the

king's accounts are made up, the sums are marked and scored with

counters.  It consists of two divisions; the receipt of the

exchequer, which manages to royal revenue, and with which these

Commentaries have no concern; and the court or judicial part of

it, which is again subdivided into a court of equity, and a court

of common law."

Black Stone Commentaries Book III, pg 1554

 

Court of Exchequer: "An English superior court with jurisdiction

of matter of law and matters involving government revenue."

Ballentine's Law Dictionary

 

Court of Exchequer: "A court for the correction and prevention of

errors of law in the three superior common-law courts of the

kingdom.

     A court of exchequer chamber was first erected by statute 31

Edw. III. C. 12, to determine causes upon writs of error from the

 

common-law side of the exchequer court.  It consisted of the

chancellor, treasurer, and the "justices and other sage persons

as to them seemeth."  The judges were merely assistants.  A

second court of exchequer chamber was instituted by statute 27

Eliz. C. 8, consisting of the justices of the common pleas and

the exchequer, or any six of them, which had jurisdiction in

error of cases in the king's bench.  In exchequer chamber

substituted in their place as an intermediate court of appeal

between the three common-law courts and Parliament.  It consisted

of the judges of the two courts which had not rendered the

judgement in the court below.  It is now merged in the High Court

of Justice." 

Bouvier's Law Dictionary 1914 ed.

 

     It gets worse, are you just a little ticked off, or maybe

you are starting to question what you have been taught all these

years?  It's time to wake up America!

     If you'll look at the Judiciary Act of 1789 (I know most

won't take time to read it), you'll see that all district courts

are admiralty courts.  This is the king's court of commerce, in

which he is the plaintiff, recovering damages done against him,

or what belongs to him.

The equity court of the exchequer: "57. The court of equity is

held in the exchequer chamber before the lord treasurer, the

chancellor of the exchequer, the chief baron, and three puisne'

ones.  These Mr. Selden conjectures to have been anciently made

out of such as were barons of the kingdom, or parliamentary

barons; and thence to have derived their name: which conjecture

receives great strength form Bracton's explanation of magna

carta, c.14, which directs that the earls and barons be amerced

by their peers; that is, says he, by the barons of the exchequer.

The primary and original business  of this court is to call the

king's debtors to account, by bill filed by the attorney general;

and to recover any lands, tenements, or hereitaments, any goods,

chattels, or other profits or benefits, belonging to the crown.

So that by their original constitution the jurisdiction of the

courts of common pleas, king's bench, and exchequer, was entirely

separate and distinct; the common pleas being intended to decide

all controversies between subject and subject; the king's bench

to correct all crimes and misdemeanors that amount to a breach of

the peace, the king being then the plaintiff, as such offenses

are in open derogation of the jura regalia (regal rights) of his

crown; and the exchequer to adjust [45] and recover his revenue,

wherein the king also is plaintiff, as the withholding and

nonpayment thereof is an injury to his jura fiscalia (fisical

rights).  But, as by a fiction almost all sorts of civil actions

are now allowed to be brought in the king's bench, in like manner

by another fiction all kinds of personal suits may be prosecuted

in the court of exchequer.  For as all the officers and ministers

of this court have, like those of other superior courts, the

privilege of suing and being sued only in their own court; so

exchequer, are privileged to sue and implead all manner of

persons in the same court of equity that they themselves are

 

called into.  They have likewise privilege to sue and implead one

another, or any stranger, in the same kind of common-law actions

(where the personalty only is concerned) as are prosecuted in the

court of common pleas."

Black Stone Commentaries Book III, pg 1554

 

The common-law court of the exchequer: "58. This gives original

to the common-law part of their jurisdiction, which was

established merely for the benefit of the king's accountants, and

is exercised by the barons only of the exchequer, and not the

treasurer or chancellor.  The writ upon which the plaintiff

suggests that he is the king's farmer or debtor, and that the

defendant hath done him the injury or damage complained of; quo

minus sufficient exist, by which he is the less able, to pay the

king his debt or rent.  And these suits are expressly directed,

by what is called the statute of Rutland, to be confined to such

matters only as specially concern the king or his ministers of

the exchequer.  And by the articuli super cartas it is enacted

that no common pleas be thenceforth holden in the exchequer,

contrary to the form of the great charter.  But not, by the

suggestion of privilege, any person may be admitted to sue in the

exchequer as well as the king's accountant.  The surmise of being

debtor to the king  is therefore become matter of form and mere

words of course, and the court is open to all the nation equally.

The same holds with regard to the equity side of the court: for

there any person may file [46] a bill against another upon a bare

suggestion that he is the king's accountant; but whether he is so

or not is never controverted.  In this court, on the nonpayment

of titles; in which case the surmise of being the king's debtor

is no fiction, they being bound to pay him their first-fruits,

and annual tenths.  But the chancery has of late years obtained a

large share in this business."

Black Stone Commentaries Book III, pg 1555

 

Definition of a legal fiction: For a discussion of fictions in

law, see chapter II of Maine's Ancient Law, and Pollock's note D

in his edition of the Ancient Law.  Blackstone gives

illustrations of legal fictions on pages 43, 45, 153, 203 of this

book.  Mr Justice Curtis (Jurisdiction of United States Courts,

2d ed., 148) gives the following instance of a fiction in our

practice:

     "A suit by or against a corporation in its corporate name

may be presumed to be a suit by or against citizens of the state

which created the corporate body, and no averment or denial to

the contrary is admissible for the purpose of withdrawing the

suit from the jurisdiction of a court of the United States.

     There is the Roman fiction: The court first decides the law,

presumes all the members are citizens of the state which created

the corporation, and then says, `you shall not traverse that

presumption'; and that is the law now.  (Authors note-by your

residence you are incorporated) Under it, the courts of the

United States constantly entertain suits by or against

corporations. (Muller v. Dows, 94 U. S. 444, 24 L. Ed. 207.)  It

has been so frequently settled, that there is not the slightest

reason to suppose  that it will ever be departed from by the

 

court.  It has been repeated over and over again in subsequent

decisions; and the supreme court seem entirely satisfied that it

is the right ground to stand upon; and, as I am now going to

state to you, they have applied it in some cases which go beyond,

much beyond, these decisions to which I have referred.  So that

when a suit is to be brought in a court of the United States by

or against a corporation, by reason of the character of the

parties, you have only to say that this corporation (after naming

it correctly) was created by a law of the state; and that is

exactly the same in its consequences as if you could allege, and

did allege, that the corporation was a citizen of that state.

According to the present decisions, it is not necessary you

should say that the members of that corporation are citizens of

Massachusetts.  They have passed beyond that.  You have only to

say that the corporation was created by a law of the state of

Massachusetts, and has its principal place of business in that

state; and that makes it, for the purposes of jurisdiction, the

same as if it were a citizen of that state"  See Pound, Readings

in Roman Law, 95n.

Black Stone Commentaries Book III, pg 1553

 

     Combine this with what I said earlier concerning power of

the treaty and it's creation of the corporate State, and you now

know why you are not allowed to challenge residence or subjection

in the State Courts.  And because of the treaty, residence in the

State is synonymous with residence in the district.  I know this

puts a sour taste in your mouth, because it does mine, but that

is the condition we find ourselves in.  The only way I see to

change it, is to change the treaty and reinforce the original

Declaration of Independence, but this would meet severe objection

on the part of the international Bankers, and or course the

king's heirs in England.  And most Americans, even if they were

aware of this information, would have no stomach for the turmoil

this would cause.

 

     Still a little fuzzy on what has taken place, the word

Exchequer is still used today?  In Britain the Exchequer is the

Federal Reserve, the same as our Federal Reserve.  They just

changed the name here as they have done many things to cloud what

is taking place, hoping no one would catch on.  Who wrote the

Federal Reserve Act, and put it in place in this country?

Bankers from the Bank of England with their counter part in New

York!

 

Congressman McFadden: "I hope that is the case, but I may say to

the gentleman that during the sessions of this Economic

Conference in London there is another meeting taking place in

London.

We were advised by reports from London last Sunday of the arrival

of George L. Harrison, Governor of the Federal Reserve Bank of

New York, and we were advised that accompanying him was Mr.

Crane, the Deputy Governor, and James P. Warburg, of the Kuhn-

Loeb banking family, of New York and Hamburg, Germany, and also

Mr. O. M. W. Sprague, recently in the pay of Great Britain as

chief economic and financial adviser of Mr. Norman, Governor of

the Bank Of England, and now supposed to represent our Treasury.

These men landed in England and rushed to the Bank of England for

 

a private conference, taking their luggage with them, before even

going to their hotel.  We know this conference has been taking

place for the past 3 days behind closed doors in the Bank of

England with these gentlemen meeting with heads of the Bank of

England and the Bank for International Settlements, of Basel,

Switzerland, and the head of the Bank France, Mr. Maret.  They

are discussing war debts; they are discussing stabilization of

exchanges and the Federal Reserve System, I may say to the

Members of the House.

     The Federal reserve System, headed by George L. Harrison, is

our premier, who is dealing with debts behind the closed doors of

the Bank of England; and the United States Treasury is there,

represented by O. M. W. Sprague, who until the last 10 days was

the representative of the Bank of England, and by Mr. James P.

Warburg, who is the son of the principal author of the Federal

Reserve Act.  Many things are being settled behind the closed

doors of the Bank of England by this group.  No doubt this group

were pleased to hear that yesterday the Congress passed

amendments to the Federal Reserve Act and that the President

signed the bill which turns over to the Federal Reserve System

the complete total financial resources of money and credit in the

United States.  Apparently the domination and control of the

international banking group is being

strengthened....Congressional Record, June 14, 1934

 

     What else does the Exchequer do?  The government (Congress)

puts up bonds (bills of credit) on the international market, that

the Federal Reserve (Exchequer) prints fiat money, for which the

government (Congress) is the guarantor for, read the following

quote:

 

Exchequer Bills: Bills of credit issued by authority of

parliament.

     They constitute the medium of transaction of business

between the bank of England and the government.  The exchequer

bills contain a guarantee from government which secures the

holders against loss by fluctuation.  Bouvier's Law Dictionary

1914 ed.

 

     Also re-read "A Country Defeated In Victory".   Who do you

think the national debt is owed to?  If that's not bad enough the

bond indebtedness allowed the king to foreclose on his colony

when it was time for the one World government, the king/bankers

caused us to reorganize under bankruptcy.  The Bank of England

allowed the United States to use you and I (our labor) for

collateral and all the property in America, read the following

quote:

 

Congressman Lemke: "....This nation is bankrupt; every State in

this Union is bankrupt; the people of the United States, as a

whole, are bankrupt.  The public and private debts of this

Nation, which are evidenced by bonds, mortgages, notes, or other

written instruments about to about $250,000,000,000, and it is

estimated that there is about $50,000,000,000 of which there is

no record, making in all about $300,000,000,000 of public and

private debts.  The total physical cash value of all the property

in the United States is now estimated at about $70,000,000,000.

That is more than it would bring if sold at public auction.  In

this we do not include debts or the evidence of debts, such as

 

bonds, mortgages, and so fourth.  These are not physical

property.  They will have to be paid out of the physical

property.  How are we going to pay $300,000,000,000 with only

$70,000,000,000?" Congressional Record, March 3, 1934, footnote

#10

 

     This debt was more than could be paid as of 1934, this

caused the declared bankruptcy by President Roosevelt.  Now the

national debt is over 12,000,000,000,000.  The government only

tells you about 5,000,000,000,000, they don't tell you about the

corporate debt, which America is also guarantor for.  Add to that

the personal debt; you know credit cards and home loans, and it

approaches 20,000,000,000,000, that's trillion for those of you

that miss read the number of zero's. Mix this with a super

inflated stock market and a huge trade deficit, and that is what

brings you to understand my subtitle for this paper.  BEND OVER

AMERICA.  What could possibly be the purpose of the international

bankers allowing our nation to over extend so badly and not cut

us off?  When back in 1934 they could have legally seized the

whole country.  We are being used for the purpose of the

international bankers which is loaning money to third world

countries, to enslave them as we are, to colonize the world for

Britain, and to use our military machine to control unruly

countries and to collect the king's debt.  There will soon be a

United Nations personal income tax for the whole world.  The end

purpose of the international bankers, is a one world government,

with England as the center of government and the international

bankers calling the shots.

 

     Don't despair all these things have to come to pass.  I used

to think; what if?  Jesus Word says, these things have to take

place for the world government to come to pass. 

 

     I am going to share a dream I had, July 1992, at the risk of

being ridiculed.  I told my friend who is mentioned in the dream,

the next day.  At that time neither of us understood the dream,

about a month later I started to understand when I began learning

about admiralty law and where our admiralty law came from.  As

time has passed I have come to understand the dream, because of

further information coming to light, such as the information

contained in part 1, and part 2, which you are now reading.  I

new when I woke up that the dream was not the normal nonsense you

can sometimes experience in a dream.  And I might add I dream

very seldom, after having this dream I was given the desire to

write down and pass along the information that has been brought

my way, via. the Holy Spirit.  The information has defined the

dream not the other way around.

 

 

                                 MY DREAM

 

 

July 1992                A record of a dream I had.  I was what

appeared to be hovering above the below scene, and it appeared to

be three dimensional, like the scene had texture. It was also in

color, with the smell of war in the air.  I awoke at 5:00 am, and

was wide awake and immediately wrote down what took place in my

dream.

 

 

     A friend and I were among thousands of Christians that were

massed together awaiting execution.  I saw untold thousands of

 

Christians executed before us.  There were many troops guarding

us, these troops were British; they had on Revolutionary War

clothing and were carrying the old style muskets. 

     The people that went before us to be executed went

voluntarily.  They went out of some false sense of duty to this

envisioned government, that was British controlled.  These people

were in ranks waiting to be lead away to their death.  While

standing in the ranks my friend and I kept looking at one

another, but we were separated by what seemed to be hundreds of

people. 

     Just before they called our number they lead us away (untold

thousands) under guard to return later.  I asked some of the

people in the ranks to step aside so I could get next to my

friend.  I told him that while I was in the ranks awaiting death,

the Holy Spirit told me not to listen to their reasons for death,

but to consider His reasons (Holy Spirit's) for the sanctity of

life and that we were to do whatever it took to stay alive and

defeat the beast.  I saw myself tapping my friend on the head,

and told him this was an example of how the Holy Spirit related

to me, that He wanted our attention.

     The Holy Spirit said we were to go and do the Holy Spirit's

bidding no matter where it lead us and that we would be

protected.  We both looked at each other and decided we could not

die voluntarily as the other Christians.  We looked at each other

and said this is crazy, my friend said this is voluntary just

like being a Fourteenth Amendment citizen.  We then walked out of

the ranks right in front of the British guards, unseen and

escaped.

 

     Keep in mind you cannot control your dreams.  Does God

Almighty still communicate through dreams as he did with George

Washington?  The Bible makes it clear He does.  Whether this

dream is a product of uncontrolled imagination while asleep, or

insight from the Holy Spirit, I will only say, let history

decide.  I am satisfied of the dreams origin, because of its

fulfillment through recent knowledge, that wasn't known at that

time.   I hope you will read the rest of the documentation in the

footnotes following this commentary.

 

 

                                 FOOTNOTES  

 

 

 

Footnote #1

 

Chronology of North Carolina Governors Original Virginia Colony

Ralph Lane, 1585 - 1586

John White, 1587

 

 

Commander of the Southern Plantation

Samuel Stephens, 1662 - 1664 (later governor under Lords

Proprietors)

Lords Proprietors

William Drummond, 1664 - 1667

Samuel Stephens, 1667 - 1669 (previously Commander of the

Southern Plantation)<

Peter Carteret, 1670 - 1672

John Jenkins, 1672 - 1677 (first of two terms)

Thomas Eastchurch, 1676 - 1678 (never actually served)

Thomas Miller, 1677

John Harvey, 1679

John Jenkins, 1679 - 1681 (second term)

Philip Ludwell, 1689 - 1691

Thomas Jarvis, 1691 - 1694

John Archdale, 1694 - 1696

Thomas Harvey, 1696 - 1699

Henderson Walker, 1699 - 1704

Robert Daniel, 1704 - 1705

Thomas Cary, 1705 - 1706 (first of two terms)

William Glover, 1706 - 1708

Thomas Cary, 1708 - 1711 (second of two terms)

Edward Hyde, 1711 - 1712

Thomas Pollock, 1712 - 1714 (first of two terms)

 

Charles Eden, 1714 - 1722

Thomas Pollock, 1722 (second of two terms)

William Reed, 1722 - 1724

George Burrington, 1724 - 1725 (later royal governor)

Richard Everard, 1725 - 1731

 

 

 

Royal Governors

 

George Burrington, 1731 - 1734 (previously governor under the

Lords Proprietors)

Gabriel Johnston, 1734 - 1752

Nathaniel Rice, 1752 - 1753

Matthew Rowan, 1753 - 1754

Arthur Dobbs, 1754 - 1765

William Tryon, 1675 - 1771

James Hasell, 1771

Josiah Martin, 1771 - 1775

 

 

Governors of the State of North Carolina

 

Richard Caswell, 1776 - 1780 (first of two terms)

Abner Nash, 1780 - 1781

Thomas Burke, 1781 - 1782

Alexander Martin, 1782 - 1785 (first of two terms)

Richard Caswell, 1784 - 1787 (second of two terms)

Samuel Johnston, 1787 - 1789

Alexander Martin, 1789 - 1792 (second of two terms)

Richard Dobbs Spaight, Sr., 1792 - 1795

Samuel Ashe, 1795 - 1798

William Richardson Davie, 1798 - 1799

Benjamin Williams, 1799 - 1802 (first of two terms)

James Turner, 1802 - 1805

Nathaniel Alexander, 1805 - 1807

Benjamin Williams, 1807 - 1808 (second of two terms)

David Stone, 1808 - 1810

Benjamin Smith, 1810 - 1811

William Hawkins, 1811 - 1814

William Miller, 1814 - 1817

John Branch, 1817 - 1820

Jesse Franklin, 1820 - 1821

Gabriel Holmes, 1821 - 1824

Hutchins Gordon Burton, 1824 - 1827

James Iredell, Jr., 1827 - 1828

John Owen, 1828 - 1830

Montford Stokes, 1830 - 1832

David Lowry Swain, 1832 - 1835

Richard Dobbs Spaight, Jr., 1835 - 1836

Edward Dudley Bishop, 1836 - 1841

John Motley Morehead, 1841 - 1845

William Alexander Graham, 1845 - 1849

Charles Manly, 1849 - 1850

David Steele Reid, 1851 - 1854

Warren Winslow, 1854 - 1855

Thomas Bragg, 1855 - 1859

John Willis Ellis, 1859 - 1861

Henry Toole Clark, 1861 - 1862

Zebulon Baird Vance, 1862 - 1865 (first of two terms)

William Woods Holden, 1865 (first of two terms)

Jonathan Worth, 1865 - 1868

William Woods Holden, 1868 - 1870

Tod Robinson Caldwell, 1870 - 1874

Curtis Hooks Brogden, 1874 - 1877

Zebulon Baird Vance, 1877 - 1879 (second of two terms)

Thomas Jordan Jarvis, 1879 - 1885

James Lowry Robinson, 1883

Alfred Moore Scales, 1885 - 1889

David Gould Fowle, 1889 - 1891

Thomas Michael Holt, 1891 - 1893

Elias Carr, 1893 - 1897

Daniel Lindsay Russell, 1897 - 1901

Charles Brantley Aycock, 1901 - 1905

Robert Broadnax Glenn, 1905 - 1909

William Walton Kitchin, 1909 - 1913

Locke Craig, 1913 - 1917

Thomas Walter Bickett, 1917 - 1921

Cameron Morrison, 1921 - 1925

Angus Wilton McLean, 1925 - 1929

Oliver Max Gardner, 1929 - 1933

John Christoph Blucher Ehringhaus, 1933 - 1937

Clyde Roark Hoey, 1937 - 1941

Joseph Melville Broughton, 1941 - 1945

Robert Gregg Cherry, 1945 - 1949

William Kerr Scott, 1949 - 1953

William Bradley Umstead, 1953 - 1954

Luther Hartwell Hodges, 1954 - 1961

Terry Sanford, 1961 - 1965

Dan Killian Moore, 1965 - 1969

Robert Walker Scott, 1969 - 1973

James Eubert Holshouser, Jr., 1973 - 1977

James Baxter Hunt, Jr., 1977 - 1985 (first of two terms)

James Grubbs Martin, 1985 - 1993

James Baxter Hunt, Jr., 1993 - Present

 

 

 

Footnote #2

THE SECOND VIRGINIA CHARTER

The Second Virginia Charter May 23, 1609

 

 

        

     James, by the grace of God [King of England, Scotland,

France  and Ireland, defender of the faith, etc.] To all [to whom

these  presents shall come, greeting.]

        

     Whereas, at the humble suite and request of sondrie oure

lovinge and well disposed subjects intendinge to deduce a colonie

and to make habitacion and plantacion of sondrie of oure people

in that parte of America comonlie called Virginia, and other part

and territories in America either apperteyninge unto us or which

are not actually possessed of anie Christian prince or people

within certaine bound and regions, wee have formerly, by oure

lettres patents bearinge date the tenth of Aprill in the fourth

yeare of oure raigne of England, Fraunce, and Ireland, and the

nine and thirtieth of Scotland, graunted to Sir Thomas Gates, Sir

George Somers and others, for the more speedie accomplishment of

the said plantacion and habitacion, that they shoulde devide

themselves into twoe colloniesthe one consistinge of divers

Knights, gentlemen, merchaunts and others of our cittie of

London, called the First Collonie; and the other of sondrie

Knights, gentlemen and others of the citties of Bristoll, Exeter,

the towne of Plymouth, and other places, called the Seccond

Collonieand have yielded and graunted maine and sondrie

priviledges and liberties to each Collonie for their quiet

setlinge and good government therein, as by the said lettres

patents more at large appeareth.

        

     Nowe, forasmuch as divers and sondrie of oure lovinge

subjects, as well adventurers as planters, of the said First

Collonie (which have alreadie engaged them selves in furtheringe

the businesse of the said plantacion and doe further intende by

the assistance of Almightie God to prosecute the same to a happie

ende) have of late ben humble suiters unto us that, in respect of

their great chardeges and the adventure of manie of their lives

which they have hazarded in the said discoverie and plantacion of

the said countrie, wee woulde be pleased to graunt them a further

enlargement and explanacion of the said graunte, priviledge and

liberties, and that suche counsellors and other officers maie be

appointed amonngest them to manage and direct their affaires [as]

are willinge and readie to adventure with them; as also whose

dwellings are not so farr remote from the cittye of London but

that they maie at convenient tymes be readie at hande to give

advice and assistance upon all occacions requisite.

       

     We, greatlie affectinge the effectual prosecucion and happie

successe of the said plantacion and comendinge their good desires

theirin, for their further encouragement in accomplishinge so

excellent a worke, much pleasinge to God and profitable to oure

Kingdomes, doe, of oure speciall grace and certeine knowledge and

meere motion, for us, oure heires and successors, give, graunt

and confirme to oure trustie and welbeloved subjects,

[Subjects deleted by author, because of space]       

 

     And to such and so manie as they doe or shall hereafter

admitt to be joyned with them, in forme hereafter in theis

presentes expressed, whether they goe in their persons to be

 

planters there in the said plantacion, or whether they goe not,

but doe adventure their monyes, goods or chattels, that they

shalbe one bodie or communaltie perpetuall and shall have

perpetual succession and one common seale to serve for the saide

bodie or communaltie; and that they and their successors shalbe

knowne, called and incorporated by the name of The Tresorer and

Companie of Adventurers and Planters of the Citty of London for

the Firste Collonie in Virginia.

        

     And that they and their successors shalbe from hensforth,

forever enabled to take, acquire and purchase, by the name

aforesaid (licens for the same from us, oure heires or successors

first had and obtained) anie manner of lands, tenements and

hereditaments, goods and chattels, within oure realme of England

and dominion of  Wales; and that they and their successors shalbe

likewise enabled, by the name aforesaid, to pleade and to be

impleaded before anie of oure judges or justices, in anie oure

courts, and in anie accions or suits whatsoever.

        

     And wee doe also, of oure said speciall grace, certaine

knowledge and mere mocion, give, grannte and confirme unto the

said Treasurer and Companie, and their successors, under the

reservacions, limittacions and declaracions hereafter expressed,

all those lands, countries and territories scituat, lieinge and

beinge in that place of America called Virginia, from the pointe

of lande called Cape or Pointe Comfort all alonge the seacoste to

the northward twoe hundred miles and from the said pointe of Cape

Comfort all alonge the sea coast to the southward twoe hundred

miles; and all that space and circuit of lande lieinge from the

sea coaste of the precinct aforesaid upp unto the lande,

throughoute, from sea to sea, west and northwest; and also all

the island beinge within one hundred miles alonge the coaste of

bothe seas of the precincte aforesaid; togeather with all the

soiles, groundes, havens and portes, mynes, aswell royall mynes

of golde and silver as other mineralls, pearles and precious

stones, quarries, woods, rivers, waters, fishings, comodities,

jurisdictions, royalties, priviledges, franchisies and

preheminences within the said territorie and the precincts there

of whatsoever; and thereto or there abouts, both by sea and

lande, beinge or in anie sorte belonginge or appertayninge, and

which wee by oure lettres patents maie or cann graunte; and in as

ample manner and sorte as wee or anie oure noble progenitors have

heretofore graunted to anie companie, bodie pollitique or

corporate, or to anie adventurer or adventurers, undertaker or

undertakers, of anie discoveries, plantacions or traffique of,

in, or into anie forraine parts whatsoever; and in as large and

ample manner as if the same were herin particulerly mentioned and

expressed: to have, houlde, possesse and enjoye all and singuler

the said landes, countries and territories with all and singuler

other the premisses heretofore by theis [presents] graunted or

mencioned to be grannted, to them, the said Treasurer and

Companie, their successors and assignes, forever; to the sole and

proper use of them, the said Treasurer and Companie, their

 

successors and assignes [forever], to be holden of us, oure

heires and successors, as of oure mannour of Estgreenewich, in

free and common socage and not in capite; yeldinge and payinge,

therefore, to us, oure heires and successors, the fifte parte

onlie of all oare of gould and silver that from tvme to time, and

at all times hereafter, shalbe there gotton, had and obtained,

for all manner of service.

 

     And, nevertheles, oure will and pleasure is, and wee doe by

theis presentes chardge, commannde, warrant and auctorize, that

the said Treasurer and Companie and their successors, or the

major parte of them which shall be present and assembled for that

purpose, shall from time to time under their common seale

distribute, convey, assigne and set over such particuler porcions

of lands, tenements and hereditaments, by theise presents

formerly grannted, unto such oure lovinge subjects naturallie

borne of denizens, or others, aswell adventurers as planters, as

by the said Companie, upon a commission of survey and

distribucion executed and retourned for that purpose, shalbe

named, appointed and allowed, wherein oure will and pleasure is,

that respect be had as well of the proporcion of the adventure[r]

as to the speciall service, hazarde, exploite or meritt of anie

person so as to be recompenced, advannced or rewarded.

     

     And for as muche as the good and prosperous successe of the

said plantacion cannot but cheiflie depende, next under the

blessinge of God and the supporte of oure royall aucthoritie,

upon the provident and good direccion of the whole enterprise by

a carefull and understandinge Counsell, and that it is not

convenient that all the adventurers shalbe so often drawne to

meete and assemble as shalbe requisite for them to have metings

and conference aboute theire affaires, therefore we doe ordaine,

establishe and confirme that there shalbe perpetually one

Counsell here resident, accordinge to the tenor of oure former

lettres patents, which Counsell shall have a seale for the better

governement and administracion of the said plantacion besides the

legall seale of the Companie or Corporacion, as in oure former

lettres patents is also expressed.

    

     And further wee establishe and ordaine that

       

        Henrie, Earl of Southampton          

        William, Earl of Pembrooke           

        Henrie, Earl of Lincoln

        Thomas, Earl of Exeter               

        Roberte, Lord Viscounte Lisle             

        Lord Theophilus Howard

        James, Lord Bishopp of Bathe and Wells

        Edward, Lord Zouche   

        Thomas, Lord Laware

        William, Lord Mounteagle

        Edmunde, Lord Sheffeilde

        Grey, Lord Shanndoys [Chandois]

        John, Lord Stanhope

        George, Lord Carew

        Sir Humfrey Welde, Lord Mayor of London

        Sir Edward Cecil

        Sir William Waad [Wade]

        Sir Henrie Nevill

        Sir Thomas Smith

        Sir Oliver Cromwell

        Sir Peter Manwood

        Sir Thomas Challoner

        Sir Henrie Hovarte [Hobart]

        Sir Franncis Bacon

 

        Sir George Coppin

        Sir John Scott

        Sir Henrie Carey

        Sir Roberte Drurie [Drury]

        Sir Horatio Vere

        Sir Eward Conwaye [Conway]

        Sir Maurice Berkeley [Barkeley]

        Sir Thomas Gates

        Sir Michaele Sands [Sandys]

        Sir Roberte Mansfeild [Mansel]

        Sir John Trevor

        Sir Amyas Preston

        Sir William Godolphin

        Sir Walter Cope

        Sir Robert Killigrewe

        Sir Henrie Faushawe [Fanshaw]

        Sir Edwyn Sandes [Sandys]

        Sir John Watts

        Sir Henrie Montague

        Sir William Romney

        Sir Thomas Roe

        Sir Baptiste Hicks

        Sir Richard Williamson

        Sir Stephen Powle [Poole]

        Sir Dudley Diggs

        Christopher Brooke, [Esq.]

        John Eldred, and

        John Wolstenholme

       

shalbe oure Counsell for the said Companie of Adventurers and

Planters in Virginia.

        

     And the said Sir Thomas Smith wee ordaine to be Treasurer of

the said Companie, which Treasurer shall have aucthoritie to give

order for the warninge of the Counsell and sommoninge the

Companie to their courts and meetings.

        

     And the said Counsell and Treasurer or anie of them shalbe

from  henceforth nominated, chosen, contynued, displaced,

chaunged, altered and supplied, as death or other severall

occasions shall require, out of the Companie of the said

adventurers by the voice of the greater parte of the said

Counsell and adventurers in their assemblie for that purpose;

provided alwaies that everie Councellor so newlie elected shalbe

presented to the Lord Channcellor of England, or to the Lord

Highe Treasurer of England, or the Lord Chambleyne of the

housholde of us, oure heires and successors, for the tyme beinge

to take his oathe of a Counsellor to us, oure heires and

Successors, for the said Companie and Collonie in Virginia.

        

     And wee doe by theis presents, of oure especiall grace,

certaine knowledge and meere motion, for us, oure heires and

successors, grannte unto the said Treasurer and Companie and

their successors, that if it happen at anie time or times the

Treasurer for the tyme beinge to be sick, or to have anie such

cause of absente from the cittie of London as shalbe allowed by

the said Counsell or the greater parte of them assembled, so as

he cannot attende the affaires of that Companie, in everie such

case it shall and maie be lawfull for such Treasurer for the tyme

beinge to assigne, constitute and appointe one of the Counsell

for Companie to be likewise allowed by the Counsell or the

greater parte of them assembled to be the deputie Treasurer for

the said Companie; which Deputie shall have power to doe and

execute all things which belonge to the said Treasurer duringe

such tyme as such Treasurer shalbe sick or otherwise absent, upon

cause allowed of by the said Counsell or the major parte of them

as aforesaid, so fullie and wholie and in as large and ample

manner and forme and to all intents and purposes as the said

Treasurer if he were present himselfe maie or might doe and

execute the same.

 

        

     And further of oure especiall grace, certaine knowledge and

meere mocion, for us, oure heires and successors, wee doe by

theis presents give and grannt full power and aucthoritie to oure

said Counsell here resident aswell at this present tyme as

hereafter, from time to time, to nominate, make, constitute,

ordaine and confirme by such name or names, stile or stiles as to

them shall seeme good, and likewise to revoke, dischardge,

channge and alter aswell all and singuler governors, oficers and

ministers which alreadie hath ben made, as also which hereafter

shalbe by them thought fitt and meedefull to be made or used for

the government of the said Colonie and plantacion.

        

     And also to make, ordaine and establishe all manner of

orders, lawes, directions, instructions, formes and ceremonies of

government and magistracie, fitt and necessarie, for and

concerninge the government of the said Colonie and plantacion;

and the same att all tymes hereafter to abrogate, revoke or

chaunge, not onely within the precincts of the said Colonie but

also upon the seas in goeing and cominge to and from the said

Collonie, as they in their good discrecions shall thinke to be

fittest for [the] good of the adventurers and inhabiters there.

        

     And we doe also declare that for divers reasons and

consideracions us thereunto especiallie moving, oure will and

pleasure is and wee doe hereby ordaine that imediatlie from and

after such time as anie such governour or principall officer so

to be nominated and appointed by oure said Counsell for the

governement of the said Colonie, as aforesaid, shall arive in

Virginia and give notice unto the Collonie there resident of oure

pleasure in this behalfe, the government, power and aucthority of

the President and Counsell, heretofore by oure former lettres

patents there established, and all lawes and constitucions by

them formerlie made, shall utterly cease and be determined; and

all officers, governours and ministers formerly constituted or

appointed shalbe dischardged, anie thinge in oure said former

lettres patents conserninge the said plantacion contayned in

aniewise to the contrarie notwithstandinge; streightlie

chardginge and commaundinge the President and Counsell nowe

resident in the said Collonie upon their alleadgiance after

knowledge given unto them of oure will and pleasure by theis

presentes signified and declared, that they forth with be

obedient to such governor or governers as by oure said Counsell

here resident shalbe named and appointed as aforesaid; and to all

direccions, orders and commandements which they shall receive

from them, aswell in the present resigninge and giveinge upp of

their aucthoritie, offices, chardg and places, as in all other

attendannce as shalbe by them from time to time required.

        

     And wee doe further by theis presentes ordaine and

establishe that the said Treasurer and Counsell here resident,

and their successors or anie fower of them assembled (the

Treasurer beinge one), shall from time to time have full power

and aucthoritie to admitt and receive anie other person into

their companie, corporacion and freedome; and further, in a

 

generall assemblie of the adventurers, with the consent of the

greater parte upon good cause, to disfranchise and putt oute anie

person or persons oute of the said fredome and Companie.

        

     And wee doe also grannt and confirme for us, oure heires and

successors that it shalbe lawfull for the said Treasurer and

Companie and their successors, by direccion of the Governors

there, to digg and to serche for all manner of mynes of goulde,

silver, copper, iron, leade, tinne and other mineralls aswell

within the precincts aforesaid as within anie parte of the maine

lande not formerly graunted to anie other; and to have and enjoye

the gould, silver, copper, iron, leade, and tinn, and all other

mineralls to be gotten thereby, to the use and behoofe of the

said Companie of Planters and Adventurers, yeldinge therefore and

payinge yerelie unto us, oure heires and successors, as

aforesaid.

       

     And wee doe further of oure speciall grace, certaine

knowledge and meere motion, for us, oure heires and successors,

grannt, by theis presents to and withe the said Treasurer and

Companie and their successors, that it shalbe lawfull and free

for them and their assignes at all and everie time and times here

after, oute of oure realme of England and oute of all other [our]

dominions, to take and leade into the said voyage, and for and

towards the said plantacion, and to travell thitherwards and to

abide and inhabite therein the said Colonie and plantacion, all

such and so manie of oure lovinge subjects, or anie other

straungers that wilbecomme oure lovinge subjects and live under

oure allegiance, as shall willinglie accompanie them in the said

voyadge and plantation with sufficient shippinge armour, weapons,

ordinannce, municion, powder, shott, victualls, and such

merchaundize or wares as are esteemed by the wilde people in

those parts, clothinge, implements, furnitures, catle, horses and

mares, and all other thinges necessarie for the said plantation

and for their use and defence and trade with the people there,

and in passinge and retourninge to and from without yeldinge or

payinge subsedie, custome, imposicion, or anie other taxe or

duties to us, oure heires or successors, for the space of seaven

yeares from the date of theis presents; provided, that none of

the said persons be such as shalbe hereafter by speciall name

restrained by us, oure heires or successors.

        

     And for their further encouragement, of oure speciall grace

and favour, wee doe by theis present for us, oure heires and

successors, yeild and graunte to and with the said Treasurer and

Companie and their successors and everie of them, their factors

and assignes, that they and every of them shalbe free and quiett

of all subsedies and customes in Virginia for the space of one

and twentie yeres, and from all taxes and imposicions for ever,

upon anie goods or merchaundizes at anie time or times hereafter,

either upon importation thither or exportation from thence into

oure realme of England or into anie other of oure [realms or]

dominions, by the said Treasurer and Companie and their

successors, their deputies, factors [or] assignes or anie of

 

them, except onlie the five pound per centum due for custome upon

all such good and merchanndizes as shalbe brought or imported

into oure realme of England or anie other of theis oure dominions

accordinge to the auncient trade of merchannts, which five

poundes per centum onely beinge paid, it shalbe thensforth

lawfull and free for the said Adventurers the same goods [and]

merchaundizes to export and carrie oute of oure said dominions

into forraine partes without anie custome, taxe or other duty to

be paide to us oure heires or successors or to anie other oure

officers or deputies; provided, that the saide goods and

merchaundizes be shipped out within thirteene monethes after

their first landinge within anie parte of those dominions.

        

     And wee doe also confirme and grannt to the said Treasurer

and Companie, and their successors, as also to all and everie

such governer or other officers and ministers as by oure said

Counsell shalbe appointed, to have power and aucthoritie of

governement and commannd in or over the said Colonie or

plantacion; that they and everie of them shall and lawfullie maie

from tyme to tyme and at all tymes forever hereafter, for their

severall defence and safetie, enconnter, expulse, repell and

resist by force and armes, aswell by sea as by land, and all

waies and meanes whatsoever, all and everie such person and

persons whatsoever as without the speciall licens of the said

Treasurer and Companie and their successors shall attempte to

inhabite within the said

severall precincts and lymitts of the said Colonie and

plantacion; and also, all and everie such person and persons

whatsoever as shall enterprise, or attempte at anie time

hereafter, destruccion, invasion, hurte, detriment or annoyannce

to the said Collonye and plantacion, as is likewise specified in

the said former grannte.

        

     And that it shalbe lawful for the said Treasurer and

Companie, and their successors and everie of them, from time to

time and at all times hereafter, and they shall have full power

and aucthoritie, to take and surprise by all waies and meanes

whatsoever all and everie person and persons whatsoever, with

their shippes, goods and other furniture, traffiquinge in anie

harbor, creeke or place within the limitts or precincts of the

said Colonie and plantacion, [not] being allowed by the said

Companie to be adventurers or planters of the said Colonie,

untill such time as they beinge of anie realmes or dominions

under oure obedience shall paie or agree to paie, to the hands of

the Treasurer or [of] some other officer deputed by the said

governors in Virginia (over and above such subsedie and custome

as the said Companie is or here after shalbe to paie) five

poundes per centum upon all goods and merchaundizes soe brought

in thither, and also five per centum upon all goods by them

shipped oute from thence; and being straungers and not under oure

obedience untill they have payed (over and above such subsedie

and custome as the same Treasurer and Companie and their

successors is or hereafter shalbe to paie) tenn pounds per centum

upon all such goods, likewise carried in and oute, any thinge in

 

the former lettres patents to the contrarie not withstandinge;

and the same sommes of monie and benefitt as aforesaid for and

duringe the space of one and twentie yeares shalbe wholie

imploied to the benefitt and behoof of the said Colonie and

plantacion; and after the saide one and twentie yeares ended, the

same shalbe taken to the use of us, oure heires or successors, by

such officer and minister as by us, oure heires or successors,

shalbe thereunto assigned and appointed, as is specified in the

said former lettres patents.

        

     Also wee doe, for us, oure heires and successors, declare by

theis presents, that all and everie the persons beinge oure

subjects which shall goe and inhabit within the said Colonye and

plantacion, and everie of their children and posteritie which

shall happen to be borne within [any] the lymitts thereof, shall

have [and] enjoye all liberties, franchesies and immunities of

free denizens and naturall subjects within anie of oure other

dominions to all intents and purposes as if they had bine

abidinge and borne within this oure kingdome of England or in

anie other of oure dominions.

        

     And forasmuch as it shalbe necessarie for all such our

lovinge subjects as shall inhabitt within the said precincts of

Virginia aforesaid to determine to live togither in the feare and

true woorshipp of Almightie God, Christian peace and civill

quietnes, each with other, whereby everie one maie with more

safety, pleasure and profitt enjoye that where unto they shall

attaine with great paine and perill, wee, for us, oure heires and

successors, are likewise pleased and contented and by theis

presents doe give and graunte unto the said Tresorer and Companie

and their successors and to such governors, officers and

ministers as shalbe, by oure said Councell, constituted and

appointed, accordinge to the natures and lymitts of their offices

and places respectively, that they shall and maie from time to

time for ever hereafter, within the said precincts of Virginia or

in the waie by the seas thither and from thence, have full and

absolute power and aucthority to correct, punishe, pardon,

governe and rule all such the subjects of us, oure heires and

successors as shall from time to time adventure themselves in

anie voiadge thither or that shall at anie tyme hereafter

inhabitt in the precincts and territorie of the said Colonie as

aforesaid, accordinge to such order, ordinaunces, constitution,

directions and instruccions as by oure said Counsell, as

aforesaid, shalbe established; and in defect thereof, in case of

necessitie according to the good discretions of the said

governours and officers respectively, aswell in cases capitall

and criminall as civill, both marine and other, so alwaies as the

said statuts, ordinannces and proceedinges as neere as

convenientlie maie be, be agreable to the lawes, statutes,

government and pollicie of this oure realme of England.

        

     And we doe further of oure speciall grace, certeine

knowledge and mere mocion, grant, declare and ordaine that such

principall governour as from time to time shall dulie and

lawfullie be aucthorised and appointed, in manner and forme in

 

theis presents heretofore expressed, shall [have] full power and

aucthoritie to use and exercise marshall lawe in cases of

rebellion or mutiny in as large and ample manner as oure

leiutenant in oure counties within oure realme of England have or

ought to have by force of their comissions of lieutenancy. And

furthermore, if anie person or persons, adventurers or planters,

of the said Colonie, or anie other at anie time or times

hereafter, shall transporte anie monyes, goods or marchaundizes

oute of anie [of] oure kingdomes with a pretence or purpose to

lande, sell or otherwise dispose the same within the lymitts and

bounds of the said Collonie, and yet nevertheles beinge at sea or

after he hath landed within anie part of the said Colonie shall

carrie the same into anie other forraine Countrie, with a purpose

there to sell and dispose there of that, then all the goods and

chattels of the said person or persons so offendinge and

transported, together with the shipp or vessell wherein such

transportacion was made, shalbe forfeited to us, oure heires and

successors.

       

     And further, oure will and pleasure is, that in all

questions and doubts that shall arrise upon anie difficultie of

construccion or interpretacion of anie thinge contained either in

this or in oure said former lettres patents, the same shalbe

taken and interpreted in most ample and beneficiall manner for

the said Tresorer and Companie and their successors and everie

member there of.

       

     And further, wee doe by theis presents ratifie and confirme

unto the said Tresorer and Companie and their successors all

privuleges, franchesies, liberties and immunties graunted in oure

said former lettres patents and not in theis oure lettres patents

revoked, altered, channged or abridged.

        

And finallie, oure will and pleasure is and wee doe further

hereby for us, oure heires and successors grannte and agree, to

and with the said Tresorer and Companie and their successors,

that all and singuler person and persons which shall at anie time

or times hereafter adventure anie somme or sommes of money in and

towards the said plantacion of the said Colonie in Virginia and

shalbe admitted by the said Counsell and Companie as adventurers

of the said Colonie, in forme aforesaid, and shalbe enrolled in

the booke or record of the adventurers of the said Companye,

shall and maie be accompted, accepted, taken, helde and reputed

Adventurers of the said Collonie and shall and maie enjoye all

and singuler grannts, priviledges, liberties, benefitts,

profitts, commodities [and immunities], advantages and emoluments

whatsoever as fullie, largely, amplie and absolutely as if they

and everie of them had ben precisely, plainely, singulerly and

distinctly named and inserted in theis oure lettres patents.

       

And lastely, because the principall effect which wee cann desier

or expect of this action is the conversion and reduccion of the

people in those partes unto the true worshipp of God and

Christian religion, in which respect wee would be lothe that anie

person should be permitted to passe that wee suspected to affect

the superstitions of the Churche of Rome, wee doe hereby declare

 

that it is oure will and pleasure that none be permitted to passe

in anie voiadge from time to time to be made into the saide

countrie but such as firste shall have taken the oath of

supremacie, for which purpose wee doe by theise presents give

full power and aucthoritie to the Tresorer for the time beinge,

and anie three of the Counsell, to tender and exhibite the said

oath to all such persons as shall at anie time be sent and

imploied in the said voiadge.

        

     Although expresse mention [of the true yearly value or

certainty of the premises, or any of them, or of any other gifts

or grants, by us or any of our progenitors or predecessors, to

the aforesaid Treasurer and Company heretofore made, in these

presents is not made; or any act, statute, ordinance, provision,

proclamation, or restraint, to the contrary hereof had, made,

ordained, or provided, or any other thing, cause, or matter,

whatsoever, in any wise notwithstanding.] In witnes whereof [we

have caused these our letters to be made patent. Witness ourself

at Westminster, the 23d day of May (1609) in the seventh year of

our reign of England, France, and Ireland, and of Scotland the

****]

       

     Per ipsum Regem exactum.

British Public Record Office, Chancery Patent Rolls (c. 66),

1796, 5; William Stith, The History of the First Discovery and

Settlement of Virginia

 

 

Footnote #3

 

 

 

The Third Virginia Charter

 

The Third Virginia Charter, 1612

 

     James, by the Grace of God, King of England, Scotland,

France, and Ireland, Defender of the Faith; To all  to whom these

Presents shall come, Greeting. Whereas at  the humble Suit of

divers and sundry our loving Subjects,  as well Adventurers as

Planters of the first Colony in Virginia,  and for the

Propagation of Christian Religion, and Reclaiming of People

barbarous, to Civility and Humanity,  We have, by our

Letters-Patents, bearing Date at Westminster,  the

three-and-twentieth Day of May, in the seventh  Year of our Reign

of England, France, and Ireland,  and the two-and-fortieth of

Scotland, Given and Granted  unto them that they and all such and

so many of our loving  Subjects as should from time to time, for

ever after,  be joined with them as Planters or Adventurers in

the said  Plantation, and their Successors, for ever, should be

one  Body politick, incorporated by the Name of The Treasurer

and Company of Adventurers and Planters of the City of  London

for the first Colony in Virginia;  And whereas also for the

greater Good and Benefit  of the said Company, and for the better

Furtherance,  Strengthening, and Establishing of the said

Plantation, we  did further Give, Grant and Confirm, by our

Letters-   Patents unto the said Company and their Successors,

for  ever, all those Lands, Countries or Territories, situate,

lying  and being in that Part of America called Virginia, from

the Point of Land called Cape or Point Comfort all along  the Sea

Coasts to the Northward two hundred Miles; and  from the said

Point of Cape Comfort all along the Sea  Coast to the Southward

two hundred Miles; and all that  Space and Circuit of Land lying

from the Sea Coast of  the Precinct aforesaid, up into the Land

 

throughout from  Sea to Sea West and North-west; and also all the

Islands  lying within one hundred Miles along the Coast of both

the Seas of the Precinct aforesaid; with divers other Grants,

Liberties, Franchises and Preheminences, Privileges, Profits,

Benefits, and Commodities granted in and by our said

Letters-patents to the said Treasurer and Company and  their

Successors for ever.  Now forasmuch as we are given to

understand, that in  those Seas adjoining to the said Coasts of

Virginia, and  without the Compass of those two hundred Miles by

Us  so granted unto the said Treasurer and Company as aforesaid,

and yet not far distant from the said Colony in  Virginia, there

are or may be divers Islands lying desolate  and uninhabited,

some of which are already made known  and discovered by the

Industry, Travel, and Expences of  the said Company, and others

also are supposed to be and  remain as yet unknown and

undiscovered, all and every  of which it may import the said

Colony both in Safety and  Policy of Trade to populate and plant;

in Regard whereof,  as well for the preventing of Peril, as for

the better Commodity  of the said Colony, they have been humble

suitors  unto Us, that We would be pleased to grant unto them an

Enlargement of our said former Letters-patents. . . . all  and

singular those Islands whatsoever situate and beiiig  in any Part

of the Ocean Seas bordering upon the Coast  of our said first

Colony in Virginia, and being within  three Hundred Leagues of

any of the Parts heretofore  granted to the said Treasurer and

Company in our said  former Letters-Patents as aforesaid. . . .

To have and to  hold, possess and enjoy, all and singular the

said Islands  in the said Ocean Seas so lying and bordering upon

the  Coast and Coasts of the Territories of the said first Colony

in Virginia, as aforesaid. With all and singular the said

    Soils, Lands, Grounds, and all and singular other the

Premises heretofore by these Presents granted or mentioned  to be

granted to them. . . .  And We are further pleased, and We do by

these  Presents grant and confirm, that Philip Earl of

Montgomery, William Lord Paget, sir John Starrington, Knight

etc., whom the said Treasurer and Company have since  the said

last Letters-Patents nominated and set down as  worthy and

discreet Persons fit to serve Us as Counsellors,  to be of our

Council for the said Plantation, shall be reputed,  deemed, and

taken as Persons of our said Council  for the said first Colony,

in such Manner and Sort, to all  Intents and Purposes, as those

who have been formerly  elected and nominated as our Counsellors

for that Colony,  and whose Names have been, or are inserted and

expressed  in our said former Letters-Patents.  And we do hereby

ordain and grant by these Presents  that the said Treasurer and

Company of Adventurers and  Planters aforesaid, shall and may,

once every week, or  oftener, at their Pleasure, hold, and keep a

Court and Assembly  for the better Order and Government of the

said  Plantation, and such Things as shall concern the same:

 

 

And that any five Persons of our Council for the said first

Colony in Virginia, for the Time being, of which Company  the

Treasurer, or his Deputy, to be always one, and the  Number of

fifteen others, at the least, of the Generality  of the said

Company, assembled together in such Manner.  as is and bath been

heretofore used and accustomed, shall  be said, taken, held, and

reputed to be, and shall be a  sufficient Court of the said

Company, for the handling and  ordering, and dispatching of all

such casual and particular  Occurrences, and accidental Matters,

of less Consequence  and Weight, as shall from Time to Time

happen, touching  and concerning the said Plantation  And that

nevertheless, for the handling, ordering, and  disposing of

Matters and Affairs of greater Weight and  Importance, and such

as shall or may, in any Sort, concern  the Weal Publick and

general Good of the said Company  and Plantation, as namely, the

Manner of Government  from Time to Time to be used, the ordering

and Disposing  of the Lands and Possessions, and the settling and

establishing  of a Trade there, or such like, there shall be held

and kept every Year, upon the last Wednesday, save one,  of

Hillary Term, Easter, Trinity, and Michaelmas Terms,  for ever,

one great, general, and solemn Assembly, which  four Assemblies

shall be stiled and called, The four Great  and General Courts of

the Council and Company of Adventurers  for Virginia; In all and

every of which said  Great and General Courts, so assembled, our

Will and  Pleasure is, and we do, for Us, our Heirs and

Successors,  for ever, Give and Grant to the said Treasurer and

Company,  and their Successors for ever, by these Presents, that

they, the said Treasurer and Company, or the greater Number  of

them, so assembled, shall and may have full Power  and Authority,

from Time to Time, and at all Times  hereafter, to elect and

chuse discreet Persons, to be of our  said Council for the said

first Colony in Virginia, and to  nominate and appoint such

Officers as they shall think fit  and requisite, for the

Government, managing, ordering,  and dispatching of the Affairs

of the said Company; And  shall likewise have full Power and

Authority, to ordain  and make such Laws and Ordinances, for the

Good and  Welfare of the said Plantation, as to them from Time to

Time, shall be thought requisite and meet: So always, as  the

same be not contrary to the Laws and Statutes of this  our Realm

of England. . . .

 

 

An Ordinance And Constitution Of The Virginia Company

 

 

Footnote #4

 

An Ordinance and Constitution of the Virgina, and the creation of

Counsel of State

Company in England, 24 July 1621

 

An Ordinance and Constitution of the Treasurer Council, and

Company in England, for a Council of State and General Assembly.

     I. To all people, to whom these presents shall come, be

seen, or heard, the treasurer, council, and company of

adventurers and planters for the city of London for the first

colony of Virginia, send greeting. Know ye, that we, the said

treasurer, council, and company, taking into our careful

consideration the present state of the said colony of Virginia,

 

and intending by the divine assistance, to settle such a form of

government there, as may be to the greatest benefit and comfort

of the people, and whereby all injustice, grievances, and

oppression may be prevented and kept off as much as possible,

from the said colony, have thought fit to make our entrance, by

ordering and establishing such supreme councils, as may not only

be assisting to the governor for the time being, in the

administration of justice, and the executing of other duties to

this office belonging, but also, by their vigilant care and

prudence, may provide, as well for a remedy of all

inconveniences, growing from time to time, as also for advancing

of increase, strength, stability, and prosperity of the said

colony:

     II. We therefore, the said treasurer, council, and company,

by authority directed to us from his majesty under the great

seal, upon mature deliberation, do hereby order and declare,

that, from hence forward, there shall be two supreme councils in

Virginia, for the better government of

the said colony aforesaid.

     III. The one of which councils, to be called the council of

state (and whose office shall chiefly be assisting, with their

care, advice, and circumspection, to the said governor) shall be

chosen, nominated, placed, and displaced, from time to time, by

us the said treasurer, council and company, and our successors:

which council of state shall consist, for the present only of

these persons, as are here inserted, viz., sir Francis Wyatt,

governor of Virginia, captain Francis West, sir George Yeardley,

knight, sir William Neuce, knight, marshal of Virginia, Mr.

George Sandys, treasurer, Mr. George Thorpe, deputy of the

college, captain Thomas Neuce, deputy for the company, Mr.

Powlet, Mr. Leech, captain Nathaniel Powel, Mr. Christopher

Davidson, secretary, Doctor Potts, physician to the company, Mr.

Roger Smith, Mr. John Berkeley, Mr. John Rolfe, Mr. Ralph Hamer,

Mr. John Pountis, Mr. Michael Lapworth, Mr. Harwood, Mr. Samuel

Macock. Which said counsellors and council we earnestly pray and

desire, and in his majesty's name strictly charge and command,

that (all factions, partialities, and sinister respect laid

aside) they bend their care and endeavours to assist the said

governor; first and principally, in the advancement of the honour

and service of God, and the enlargement of his kingdom against

the heathen people; and next, in erecting of the said colony in

due obedience to his majesty, and all lawful authority from his

majesty's directions; and lastly, in maintaining the said people

in justice and christian conversation amongst themselves, and in

strength and ability to withstand their enemies. And this

council, to be always, or for the most part, residing about or

near the governor.

     IV. The other council, more generally to be called by the

governor, once yearly, and no oftener, but for very extraordinary

and important occasions, shall consist for the present, of the

said council of state, and of two burgesses out of every town,

hundred, or other particular plantation, to be respectively

chosen by the inhabitants: which council shall be called The

 

General Assembly, wherein (as also in the said council of state)

all matters shall be decided, determined, and ordered by the

greater part of the voices then present; reserving to the

governor always a negative voice. And this general assembly shall

have free power, to treat, consult, and conclude, as well of all

emergent occasions concerning the publick weal of the said colony

and every part thereof, as also to make, ordain, and enact such

general laws and orders, for the behoof of the said colony, and

the good government thereof, as shall, from time to time, appear

necessary or requisite;

     V. Whereas in all other things, we require the said general

assembly, as also the said council of state, to imitate and

follow the policy of the form of government, laws, customs, and

manner of trial, and other administration of justice, used in the

realm of England, as near as may be even as ourselves, by his

majesty's letters patent, are required.

     VI. Provided, that no law or ordinance, made in the said

general assembly, shall be or continue in force or validity,

unless the same shall be solemnly ratified and confirmed, in a

general quarter court of the said company here in England, and so

ratified, be returned to them under our seal; it being our intent

to afford the like measure also unto the said colony, that after

the government of the said colony shall once have been well

framed, and settled accordingly, which is to be done by us, as by

authority derived from his majesty, and the same shall have been

so by us declared, no orders of court afterwards, shall bind the

said colony, unless they be ratified in like manner in the

general assemblies. In witness whereof we have hereunto set our

common seal the 24th of July, 1621. . . .

 

 

 

 

 

Footnote #5

 

 

THE CHARTER, 1663, The Charter of Carolina

 

 

CHARLES THE SECOND, BY THE grace of God, King of England,

Scotland, France, and Ireland, defender of the Faith, etc. TO ALL

to whom these presents shall come, Greeting:

 

WHEREAS, our right trusty and right well-beloved Cousins and

Counsellors:

Edward, Earl of Clarendon, our High Chancellor of England; and

George, Duke of Albemarle, Master of our Horse and Captain

General of all our Forces; Our right trusty and well-belov ed

William, Lord Craven; John, Lord Berkley; Our right trusty and

wellbeloved Counsellor, Anthony, Lord Ashley, Chancellor of our

Exchequer; Sir George Carterett, Knight and

Baronet, Vice Chamberlain of our Household; And our trusty and

well-beloved Sir W illiam Berkley, Knight; and Sir John Colleton,

Knight and Baronet, being excited with a laudable and pious zeal

for the propagation of the Christian Faith and the enlargement of

our Empire and Dominions, HAVE humbly besought leave of us, by

their industry  and Charge, to Transport and make an ample Colony

of our Subjects, Natives of our Kingdom of England and elsewhere

within our Dominions, unto a certain Country, hereafter

described, in the parts of AMERICA not yet cultivated or planted,

and only inhabite d by some barbarous People who have no

knowledge of Almighty God;

 

 

AND WHEREAS, the said Edward, Earl of Clarendon; George, Duke of

Albemarle; William, Lord Craven; John, Lord Berkley; Anthony,

Lord Ashley; Sir George Carterett; Sir William Berkley; and Sir

John Colleton, have humbly besought us to give, grant, and Confi

rm unto them, and their heirs, the said Country, with Privileges

and Jurisdictions requisite for the good Government and safety

thereof:

 

KNOW YE, therefore, that We, favouring the pious and noble

purpose of the said Edward, Earl of Clarendon; George, Duke of

Albemarle; William, Lord Craven; John, Lord Berkley; Anthony,

Lord Ashley; Sir George Carterett; Sir William Berkley; and Sir

John Colleton, Of our especial grace, certain knowledge, and mere

motion, HAVE given,granted, and Confirmed, AND, by this our

present Charter, for us, our heirs and Successors, Do give,

grant, and Confirm, unto the said Edward, Earl of Clarendon;

George, Duke of Albemarle; William, Lord Craven; John, Lord

Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir William

Berkley; and Sir John Colleton, their heirs and Assigns:

 

ALL that Territory or Tract of ground, situate, lying, and being

within our Dominions in America, extending from the North end of

the Island called Luck Island, which lies in the Southern

Virginia Seas and within six and Thirty Degrees of the Northern

Latitude, and to the West as far as the South Seas; and so

Southerly as far as the River Saint Mathias, which borders upon

the Coast of Florida, and within one and Thirty Degrees of

Northern Latitude; and West in a direct Line as far as the South

Seas aforesaid; Together with all and singular Ports, Harbours,

Bays, Rivers, Isles, and Islets belonging unto the Country

aforesaid; And also, all the Soil, Lands, Fields, Woods,

Mountains, Farms, Lakes, Rivers, Bays, and Islets situate or

being within the Bounds o r Limits aforesaid; with the Fishing of

all sorts of Fish, Whales, Sturgeons, and all other Royal Fishes

in the Sea, Bays, Islets, and Rivers within the premises, and the

Fish therein taken;

 

AND moreover, all Veins, Mines, and Quarries, as well discovered

as not discovered, of Gold, Silver, Gems, and precious Stones,

and all other, whatsoever be it, of Stones, Metals, or any other

thing whatsoever found or to be found within the Country, Isles,

Limits aforesaid;

 

AND FURTHERMORE, the Patronage and Advowsons of all the Churches

and Chapels which, as Christian Religion shall increase within

the Country, Isles, Islets, and Limits aforesaid:  aforesaid,

shall happen hereafter to be erected; Together with licence and

power to Build and found Churches, Chapels, an Oratories in

convenient and fit places within the said Bounds and Limits, and

to cause them to be Dedicated and Consecrated according to the

Ecclesiastical Laws of our Kingdom in England,; Together with all

and singular the like and as ample Rights, Jurisdictions,

Privileges, Prerogatives, Royalties, Liberties, Immunities, and

Franchises of what kind soever with the Country, Isles, Islets,

and Limits aforesaid;

 

TO HAVE, use, exercise, and enjoy, and in as ample manner as any

Bishop of Durham, in our Kingdom of England, ever heretofore have

 

held, used, or enjoyed, or of right ought or could have, use, or

enjoy;

 

AND them, the said Edward, Earl of Clarendon; George, Duke of

Albemarle; William, Lord Craven, John, Lord Berkley; Anthony,

Lord Ashley; Sir George Carterett; Sir William Berkley; and Sir

John Colleton, their heirs and assigns, WE DO, by these presents,

for us, our heirs and Successors, make, Create, and Constitute

the true and absolute Lords and Proprietaries of the Country

aforesaid, and of all other the premises;

 

SAVING always, the Faith, Allegiance, and Sovereign Dominion due

to us, our heirs and Successors, for the same; and Saving also,

the right, title, and interest of all and every our Subjects of

the English Nation which are now Planted within the Limits bounds

aforesaid, if any be;

 

TO HAVE, HOLD, possess and enjoy the said Country, Isles,

Islets, and all and singular other the premises; to them, the

said Edward, Earl of Clarendon; George, Duke of Albemarle;

William, Lord Craven; John, Lord Berkley; Anthony, Lord Ashley;

Sir George Carterett; Sir William Berkley; and Sir John Colleton,

their heirs and Assigns, forever;

TO BE HELD of us, our heirs and Successors as of our Manor of

East Greenwich, in our County of Kent, in Free and Common

Soccage, and not in Capite nor by knight's Service;

 

YIELDlNG AND PAYING yearly, to us, our heirs and Successors, for

the same, the yearly Rent of Twenty Marks of Lawful money of

England, at the Feast of All Saints, yearly, forever, The First

payment thereof to begin and be made on the Feast of All Saints

which shall be in the year of Our Lord One thousand six hundred

Sixty and five ; AND also, the fourth part of all Gold and Silver

Ore which, with the limits aforesaid, shall, from time to time,

happen to be found.

 

AND that the Country thus by us granted and described may be

dignified with as large Titles and Privileges as any other parts

of our Dominions and Territories in that Region;

 

KNOW YE, that We, of our further grace, certain knowledge, and

mere motion, HAVE thought fit to Erect the same Tract of Ground,

Country, and Island into a Province, and, out of the fullness of

our Royal power and Prerogative, WE Do, for us, our heirs and

Successors, Erect, Incorporate, and Ordain the same into a

province, and do call it the Province of CAROLINA, and so from

henceforth will have it called.

 

AND FORASMUCH AS we have hereby made and Ordained the aforesaid

Edward, Earl of Clarendon; George, Duke of Albemarle; William,

Lord Craven; John, Lord Berkley; Anthony, Lord Ashley; Sir George

Carterett; Sir William Berkley; and Sir John Colleton, their

heirs and Assigns, the true Lords and Proprietors of all the

Province aforesaid:

 

KNOW YE, therefore, moreover, that We, reposing especial Trust

and Confidence in their fidelity, Wisdom, Justice, and provident

circumspection, for us, our heirs and Successors, Do Grant full

and absolute power, by virtue of these presents, to them, the s

aid Edward, Earl of Clarendon; George, Duke of Albemarle;

William, Lord Craven; John, Lord Berkley; Anthony, Lord Ashley;

Sir George Carterett; Sir William Berkley; and Sir John Colleton,

and their heirs, for the good and happy Government of the said

 

Province:

 

To ORDAIN, make, Enact, and under their Seals to publish any Laws

whatsoever, either appertaining to the public State of the said

Province or to the private utility of particular Persons,

according to their best discretion, of and with the advice,

assent, and approbation of the Freemen of the said Province, or

of the greater part of them, or of their Delegates or Deputies;

whom, for enacting of the said Laws, when and as often as need

shall require, WE WILL that the said Edward, Earl of Clarendon;

George, Duke of Albemarle; William, Lord Craven; John, Lord

Berkley; Anthony, Lord Ashley;  Sir George Carterett; Sir William

Berkley; and Sir John Colleton, and their heirs, shall, from time

to time. assemble, in such manner and form as to them shall seem

best;

 

AND the same Laws duly to execute upon all people within the said

Province and Limits thereof for the time being, or which shall be

Constituted under the power and Government of them, or any of

them, either Sailing towards the said Province of CAROLINA or

returning from thence towards England, or any other of our or

foreign Dominions; by Imposition of penalties, Imprisonment, or

any other punishment, YEA, if it shall be needful and the quality

of the Offence require it, by taking away member and life, either

by them, the said Edward, Earl of Clarendon; George, Duke of

Albemarle; William, Lord Craven; John, Lord Berkley; Anthony,

Lord Ashley; Sir George Carterett; Sir William Berkley; and Sir

John Colleton, and their heirs, or by them or their Deputies,

Lieutenants, Judges, Justices, Magistrates, Officers, and

Ministers, to be Ordained or appointed according to the tenor and

true intention of these presents;

 

AND LIKEWISE, to appoint and establish any Judges or Justices,

Magistrates or Officers whatsoever within the said Province, at

Sea or land, in such manner and form as unto the said Edward,

Earl of Clarendon; George, Duke of Albemarle; William, Lord

Craven; John, Lord Berkley; Anthony, Lord Ashley; Sir George

Carterett; Sir William Berkley; and Sir John Colleton, or their

heirs, shall seem most convenient;

 

ALSO, to remit, release, Pardon, and abolish, whether before

Judgment or after, all Crimes and Offences whatsoever against the

said Laws; and to do all and every other thing and things which

unto the Complete establishment of Justice, unto Courts,

Sessions, and forms of Judicature, and manners of proceeding

therein, do belong, although in these presents express mention be

not made thereof;

 

AND by Judges, by him or them delegated, to award Process, hold

Pleas, and determine, in all the said Courts and Places of

Judicature, all Actions, Suits, and Causes whatsoever, as well

Criminal as Civil, real, mixt, personal, or of any other kind or

nature whatsoever;

WHICH LAWS, SO as aforesaid, to be published OUR PLEASURE IS, and

We do enjoin, require, and Command shall be absolute, firm, and

available in law; And that all the liege People of us, our heirs

and Successors, within the said Province of CAROLINA, do observe

and keep the same inviolably in those parts, so far as they

concern them, under the pains and penalties therein expressed or

 

to be expressed;

 

PROVIDED, nevertheless, that the said laws be consonant to reason

and, as near as may be conveniently, agreeable to the laws and

Customs of this our Kingdom of England.

 

AND because such assemblies of Freeholders cannot be so suddenly

called as there may be occasion to require the same:

 

WE Do, therefore, by these presents, give and Grant unto the said

Earl of Clarendon; George, Duke of Albemarle; William, Lord

Craven; John, Lord Berkley; Anthony, Lord Ashley; Sir George

Carterett; Sir William Berkley; and Sir John Colleton, their

heirs and Assigns, by themselves or their Magistrates in that

behalf lawfully authorized, full power and authority,

from time to time, to make and Ordain fit and wholesome Orders

and Ordinances within the Province aforesaid, to be kept and

observed, as well for the keeping of the Peace as for the better

Government of the People there abiding; and to publish the same

to all to whom it may concern;

 

WHICH Ordinances We do, by these presents, straightly Charge and

Command to be inviolably observed within the said Province, under

the penalties therein expressed; So as such Ordinances be

reasonable, and not repugnant or contrary, but as near as may be

agreeable, to the laws and Statutes of this our Kingdom of

England; And so as the same Ordinances do not extend to the

binding, charging, or taking away of the right or interest of any

Person or Persons in their freehold, goods, or Chattels

whatsoever.

 

AND to the end the said Province may be the more happily

increased by the multitude of People resorting thither, and may

likewise be the more strongly defended from the incursions of

Savages and other Enemies, Pirates, and robbers:

 

THEREFORE, We, for us, our heirs and Successors, Do give and

Grant, by these presents, Power, licence, and liberty unto all

the liege people of us, our heirs and Successors, in our Kingdom

of England or elsewhere within any other our Dominions, Islands,

Colonies, or Plantations, Excepting those who shall be especially

forbidden, to transport themselves and Families unto the said

Province, with convenient Shipping and fitting Provisions, and

there to settle themselves, dwell and inhabit; any law, Act,

Statute, Ordinance, or other thing to the contrary in any wise

notwithstanding.

 

AND WE WILL also, and, of our more especial grace, for us, our

heirs and Successors, do straightly enjoin, Ordain, Constitute,

and Command, that the said Province of Carolina shall be of our

Allegiance; And that all and singular the Subjects and liege

people of us, our heirs and Successors, transported or to be

transported into the said Province, and the Children of them and

of such as shall descend from them there, born or hereafter to be

born, be and shall be Citizens and lieges of us, our heirs and

Successors, of this our Kingdom of England; and be in all things

held, treated, and reputed as the liege, faithful people of us,

our heirs and Successors, born within this our said Kingdom or

any other of our Dominions; and may inherit or otherwise Purchase

and receive, take, have, hold, buy, and possess any lands,

Tenements, or hereditaments within the same Places, and them-may

 

Occupy and enjoy, give, sell alien, and bequeath; as likewise,

all liberties, Franchises, and Privileges of this our Kingdom of

England, and of other our Dominions aforesaid, may freely and

quietly have, possess, and enjoy as our liege people born within

the same, without the let, molestation, vexation, trouble, or

grievance of us, our heirs and Successors; any Statute, Act,

Ordinance, or Provision to the contrary notwithstanding.

 

AND FURTHERMORE, that our Subjects, of this our said Kingdom of

England and other our Dominions, may be the rather encouraged to

undertake this Expedition with ready and cheerful minds:

 

KNOW YE, that We, of our especial grace, certain knowledge, and

mere motion, Do give and Grant, by virtue of these presents, as

well to the said Edward, Earl of Clarendon; George, Duke of

Albemarle; William, Lord Craven; John, Lord Berkley; Anthony,

Lord Ashley; Sir George Carterett; Sir William Berkley; and Sir

John Colleton, and their heirs, as unto all others as shall, from

time to time, repair unto the said Province with a purpose to

inhabit there or to trade with the Natives of the said Province,

full liberty and Licence to lade and freight in any Ports

whatsoever of us, our heirs and Successors;

 

AND into the said Province of Carolina, by them, their Servants

and Assigns, to Transport all and singular their goods, Wares,

and Merchandises; as likewise, all sorts of grain whatsoever, and

any other things whatsoever necessary for the food and Clothing,;

not prohibited by the laws and Statutes of our Kingdoms and

Dominions; to be Carried out of the same without any let or

molestation of us, our heirs and Successors, or of any other our

Officers and Ministers whatsoever; Saving also, to us, our heirs

and Successors, the Customs and other duties and payments due for

the said Wares and Merchandises, according to the several rates

of the Places from whence the same shall be transported.

 

WE WILL also, and, by these presents, for us, our heirs and

Successors, Do give and Grant Licence, by this our Charter, unto

the said Edward, Earl of Clarendon; George, Duke of Albemarle;

William, Lord Craven; John, Lord Berkley; Anthony, Lord Ashley;

Sir George Carterett; Sir William Berkley; and Sir John Colleton,

their heirs and Assigns, and to all the Inhabitants and Dwellers

in the Province aforesaid, both present and to come, full power

and absolute authority to Import or unlade, by themselves or

their servants, Factors, or Assigns, all Merchandises and goods

whatsoever that shall arise of the fruits and Commodities of the

said Province, either by land or Sea, into any the Ports of us,

our heirs and Successors, in our Kingdom of England, Scotland, or

Ireland, Or otherwise to dispose of the said goods in the said

Ports; and, if need be, within one year next after the unlading,

to lade the said Merchandises and goods again into the same or

other Ships, and to Export the same into any other Countries,

either of our Dominions or foreign, being in Amity with us, our

heirs and Successors; So as they pay such Customs, Subsidies, and

other duties for the same, to us, our heirs and Successors, as

 

the rest of our Subjects of this our Kingdom for the time being

shall be bound to pay, beyond which We will not that the

inhabitants of the said Province of Carolina shall be any way

Charged.

 

PROVIDED, nevertheless, and our Will and pleasure is, and We

have further, for the Considerations aforesaid, of our more

especial grace, certain knowledge, and mere motion, given and

Granted, and, by these presents, for us, our heirs and

Successors, Do give and grant, unto the said Edward, Earl of

Clarendon; George, Duke of Albemarle; William, Lord Craven; John,

Lord Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir

William Berkley; and Sir John Colleton, their heirs and Assigns,

full and free licence, liberty, and authority, at any time or

times from and after the Feast of Saint Michaell The Archangel

which shall be in the year of our Lord Christ One thousand six

hundred Sixty and Seven, as well to Import and bring into any of

our Dominions from the said Province of Carolina, or any part

thereof, the several goods and Commodities hereinafter mentioned:

THAT IS TO SAY, Silks, Wines, Currants, Raisins, Capers, Wax,

Almonds, Oil, and Olives; without paying or Answering to us, our

heirs or Successors, any Custom, Impost, or other duty for or in

respect thereof, for and during the term and space of Seven

years, to commence and be accounted from and after the First

Importation of four Tons of any the said goods in any one Bottom,

Ship, or Vessel from the said Province into any of our Dominions;

as also, to export and carry out of any of our Dominions into the

said Province of Carolina, Custom free, all sorts of Tools which

shall be useful or necessary for the Planters there in the

accommodation and Improvement of the premises; any thing before

in these presents contained, or any Law, Act, Statute,

Prohibition, or other matter or thing heretofore had, made,

Enacted, or provided, or hereafter to be had, made, Enacted, or

Provided, to the contrary in any wise notwithstanding.

 

AND FURTHERMORE, of our more ample and especial grace, certain

knowledge, and mere motion, WE DO, for us, our heirs and

Successors, Grant unto the said Edward, Earl of Clarendon;

George, Duke of Albemarle; William, Lord Craven; John, Lord

Berkley; Anthony , Lord Ashley; Sir George Carterett; Sir William

Berkley; and Sir John Colleton, their heirs and Assigns, full and

absolute power and authority to Make, Erect, and Constitute

within the said Province of CAROLINA, and the Isles and Islets

aforesaid, such and so many Seaports, harbours, Creeks, and other

Places for discharge and unlading of goods and Merchandises out

of Ships, Boats, and other Vessels, and for lading of them, in

such and so many Places, and with such Jurisdictions, Privileges,

Jurisdictions , and Franchises unto the said Ports belonging, as

to them shall seem most expedient;

 

AND that all and singular the Ships, Boats, and other Vessels

which shall come for Merchandise and Trade into the said

Province, or shall depart out of the same, shall be laden and

unladen at such Ports only as shall be erected and Constituted by

the said Edward, Earl of Clarendon; George, Duke of Albemarle;

 

William, Lord Craven; John, Lord Berkley; Anthony, Lord Ashley;

Sir George Carterett; Sir William Berkley; and Sir John Colleton,

their heirs and Assigns, and not elsewhere; any use, Custom, or

anything to the contrary in any wise notwithstanding.

 

AND WE Do, furthermore, Will, appoint, and Ordain, and, by these

presents, for us, our heirs and Successors, do Grant unto the

said Edward, Earl of Clarendon; George, Duke of Albemarle;

William, Lord Craven; John, Lord Berkley; Anthony, Lord Ashley;

Sir George Carterett; Sir William Berkley; and Sir John Colleton,

their heirs and Assigns, That they, the said Edward, Earl of

Clarendon; George, Duke of Albemarle; William, Lord Craven; John,

Lord Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir

William Berkley; and Sir John Colleton, their heirs and Assigns,

may, from time to time, forever, have and enjoy the Customs and

Subsidies, in the Ports, Harbours, Creeks, and other Places

within the Province aforesaid, payable for goods, Merchandises,

and Wares there laded or to be laded or unladed; the said Customs

to be reasonably Assessed upon any occasion by themselves, and by

and with the Consent of the free people there, by the greater

part of them, as aforesaid: to whom We give power, by these

presents, for us, our heirs and Successors, upon just Cause and

in a due proportion, to Assess and Impose the same.

 

AND FURTHER, of our especial grace, certain knowledge, and mere

motion, WE HAVE given, Granted, and Confirmed, and, by these

presents, for us, our heirs and Successors, Do give, Grant, and

Confirm, unto the said Edward, Earl of Clarendon; George, Duke of

Albemarle; William, Lord Craven; John, Lord Berkley; Anthony,

Lord Ashley; Sir George Carterett; Sir William Berkley; and Sir

John Colleton, their heirs and Assigns, full and absolute

licence, power, and authority that the said Edward, Earl of

Clarendon;  George, Duke of Albemarle; William, Lord Craven;

John, Lord Berkley; Anthony, Lord Ashley; Sir George Carterett;

Sir William Berkley; and Sir John Colleton, their heirs and

Assigns, from time to time hereafter, forever, at his and their

will and pleasure, may Assign, Alien, Grant, Demise, or enfeoff

the premises, or any part or parcels thereof, to him or them that

shall be willing to purchase the same, and to such Person or

Persons as they shall think fit;

 

TO HAVE AND TO HOLD to them the said Person or Persons, their

heirs and Assigns, in Fee simple or Fee tail, or for term of life

or lives or years; to be held of them, the said Edward, Earl of

Clarendon; George, Duke of Albemarle; William, Lord Craven; John,

Lord Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir

William Berkley; and Sir John Colleton, their heirs and Assigns,

by such Rents, Services, and Customs as shall seem meet to the

said Edward, Earl of Clarendon; George, Duke of Albemarle;

William, Lord Craven; John, Lord Berkley; Anthony, Lord Ashley;

Sir George Carterett; Sir William Berkley; and Sir John Colleton,

their heirs and Assigns, and not immediately of us, our heirs and

Successors.

 

AND to the same Person or Persons, and to all and every of them,

WE DO give and Grant, by these presents, for us, our heirs and

 

Successors, Licence, authority, and power That such Person or

Persons may have or take the premises, or any parcel thereof, of

the said Edward, Earl of Clarendon; George, Duke of Albemarle;

William, Lord Craven; John, Lord Berkley; Anthony, Lord Ashley;

Sir George Carterett; Sir William Berkley; and Sir John Colleton,

their heirs and Assigns; and the same to hold to themselves, t

heir heirs or Assigns, in what estate of Inheritance soever, in

Fee simple of Fee tail or otherwise, as to them and the said Earl

of Clarendon; George, Duke of Albemarle; William, Lord Craven;

John, Lord Berkley; Anthony, Lord Ashley; Sir George Carterett ;

Sir William Berkley; and Sir John Colleton, their heirs and

Assigns, shall seem expedient; The Statute made in the Parliament

of Edward, Son of King Henry, heretofore King of England, our

Predecessor, commonly called the Statute of Quia Emptores

Terrarum, or any other Statute, Act, Ordinance, use, Law, Custom,

or any other matter, Cause, or thing heretofore published or

provided to the contrary in any wise notwithstanding.

 

AND because many Persons born or inhabiting in the said Province,

for their deserts and Services, may expect, and be capable of,

Marks of Honour and favour, which, in respect of the great

distance, cannot conveniently be Conferred by us:

 

OUR WILL AND PLEASURE, therefore, is, and We do, by these

presents, Give and Grant unto the said Edward, Earl of Clarendon;

George, Duke of Albemarle; William, Lord Craven; John, Lord

Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir William

Berkley; and Sir John Colleton, their Heirs and Assigns, full

Power and Authority to give and Confer, unto and upon such of the

Inhabitants of the said Province as they shall think do or shall

merit the same, such marks of favour and Titles of honour as they

shall think fit; so as those Titles or honours be not the same as

are enjoyed by or Conferred upon any the Subjects of this our

Kingdom of England.

 

AND FURTHER, also, We do, by these presents, for us, our heirs

and Successors, give and grant Licence to them, the said Edward,

Earl of Clarendon; George, Duke of Albemarle; William, Lord

Craven; John, Lord Berkley; Anthony, Lord Ashley; Sir George

Carterett; Sir William Berkley; and Sir John Colleton, their

heirs and Assigns, full power, liberty, and licence to Erect,

raise, and build, within the said Province and Places aforesaid,

or any part or parts thereof, such and so many Forts, Fortresses,

Castles , Cities, Boroughs, Towns, Villages, and other

Fortifications whatsoever; And the same, or any of them, to

Fortify and furnish with Ordnance, Powder, Shot, Armour, and all

other Weapons, Ammunition, and habiliments of War, both offensive

and defensive, as shall be thought fit and convenient, for the

safety and welfare of the said Province and Places, or any part

thereof; And the same, or any of them, from time to time, as

occasion shall require, to dismantle, disfurnish, demolish, and

pull down; and Also, to place, Constitute, and appoint, in or

over all or any of the said Castles, Forts, Fortifications,

Cities, Towns, and Places aforesaid, Governors, Deputy Governors,

 

Magistrates, Sheriffs, and other Officers, Civil and Military, as

to them shall seem meet;

 

AND to the said Cities, Boroughs, Town, Villages, or any other

Place or Places within the said Province, to grant Letters or

Charters of Incorporation, with all Liberties, Franchises, and

Privileges requisite and usual, or to or within any Corporations

within this our Kingdom of England granted or belonging; And in

the same Cities, Boroughs, Towns, and other Places, to

Constitute, Erect, and appoint such and so many Markets, Marts,

and Fairs as shall in that behalf be thought fit and necessary;

 

AND further, also, to Erect and make in the Province aforesaid,

or any part thereof, so many Manors as to them shall seem meet

and convenient; and in every of the same Manors to have and to

hold a Court Baron, with all things whatsoever which to a Court

Baron do belong; And to have and to hold Views of Frankpledge and

Courts Leet, for the Conservation of the Peace and better

Government of those parts, within such Limits, Jurisdiction, and

Precincts as by the said Edward, Earl of Clarendon; George, Duke

of Albemarle; William, Lord Craven; John, Lord Berkley; Anthony,

Lord Ashley; Sir George Carterett; Sir William Berkley; and Sir

John Colleton, or their heirs, shall be appointed for that

purpose, with all things whatsoever which to a Court Leet or View

of Frankpledge do belong; the same Courts to be held by Stewards,

to be Deputed and authorized by the said Edward, Earl of

Clarendon; George, Duke of Albemarle; William, Lord Craven; John,

Lord Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir

William Berkley; and Sir John Colleton, or their heirs, or by the

Lords of other Manors and Leets for the time being, when the same

shall be Erected.

 

AND because that, in so remote a Country and situate among so

many barbarous Nations, the Invasions as well of Savages as other

Enemies, Pirates, and Robbers may probably be feared:

 

THEREFORE, WE HAVE given, and, for us, our heirs and Successors,

Do give, power, by these presents, unto the said Edward, Earl of

Clarendon; George, Duke of Albemarle; William, Lord Craven; John,

Lord Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir

William Berkley; and Sir John Colleton, their heirs and Assigns,

by themselves or their Captains or other their Officers, to Levy,

Muster, and Train all sorts of men, of what Condition or

wheresoever born, in the said Province for the time being; and t

o make War and pursue the Enemies aforesaid, as well by Sea as by

land, yea, even without the limits of the said Province; and, by

God's assistance, to vanquish and take them, and being taken, to

put them to death, by the law of war, or to save them, at t heir

pleasure; and to do all and every other thing which unto the

Charge And Office of a Captain General of an Army belongs, or has

accustomed to belong, as fully and freely as any Captain General

of an Army has ever had the same.

 

ALSO, our Will and pleasure is, and, by this our Charter, WE DO

give unto the said Edward, Earl of Clarendon; George, Duke of

Albemarle; William, Lord Craven; John, Lord Berkley; Anthony,

Lord Ashley; Sir George Carterett; Sir William Berkley; and Sir

 

John Colleton, their heirs and Assigns, full power, liberty, and

authority, in case of rebellion, tumult, or Sedition, if any

should happen, which God forbid, either upon the land within the

Province aforesaid or upon the main Sea in making a Voyage

thither or returning from thence, by him and themselves, their

Captains, Deputies, or Officers, to be authorized under his or

their Seals for that purpose, to whom also, for us, our heirs and

Successors, WE DO give and Grant, by these presents, full power

and authority, to exercise Martial Law against mutinous and

seditious Persons of those parts, such as shall refuse to submit

themselves to their Government, or shall refuse to serve in the

Wars, or shall fly to the Enemy, or forsake their Colors or

Ensigns, or be loiterers or Stragglers, or otherwise howsoever

offending against Law, Custom, or Discipline Military; as freely

and in as ample manner and form as any Captain General of an

Army, by virtue of his Office, might, or has accustomed to, use

the same.  AND Our further pleasure is, and, by these presents,

for us, our heirs and Successors, WE DO Grant unto the said

Edward, Earl of Clarendon; George, Duke of Albemarle; William,

Lord Craven; John, Lord Berkley; Anthony, Lord Ashley; Sir George

Carterett;  Sir William Berkley; and Sir John Colleton, their

heirs and Assigns, and to the Tenants and Inhabitants of the said

Province of Carolina, both present and to come, and to every of

them, that the said Province, and the Tenants and Inhabitants

thereof, sh all not from henceforth be held or reputed a Member

or part of any Colony whatsoever, in America or elsewhere, now

transported or made, or hereafter to be transported or made; nor

shall be depending on, or subject to, their Government in any

thing, but be absolutely separated and divided from the same;

 

AND OUR pleasure is, by these presents, that they be separated,

and that they be subject immediately to our Crown of England, as

depending thereof, forever; And that the Inhabitants of the said

Province, nor any or them, shall, at any time hereafter, be

compelled or compellable, or be any ways subject or liable, to

appear or Answer to any matter, Suit, Cause, or Plaint

whatsoever, out of the Province aforesaid, in any other of our

Islands, Colonies, or Dominions, in America or elsewhere, other

than in our Realm of England and Dominion of Wales.

 

  AND because it may happen that some of the People and

Inhabitants of the said Province cannot in their private opinions

Conform to the Public Exercise of Religion according to the

Liturgy, forms, and Ceremonies of the Church of England, or take

or subscribe the Oaths and Articles made and established in that

behalf; AND for that the same, by reason of the remote distances

of those Places, Will, as We hope, be no breach of the unity and

uniformity established in this Nation:

 

OUR WILL and pleasure, therefore, is, AND WE DO, by these

presents, for us, our heirs and Successors, Give and Grant unto

the said Edward, Earl of Clarendon; George, Duke of Albemarle;

William, Lord Craven; John, Lord Berkley; Anthony, Lord Ashley;

Sir George Carterett; Sir William Berkley; and Sir John Colleton,

 

their heirs and Assigns, full and free Licence, liberty, and

Authority, by such legal ways and means as they shall think

fit, to give and grant unto such Person and Persons inhabiting

and being within the said Province, or any part thereof, Who

really in their Judgments, and for Conscience sake, cannot or

shall not Conform to the said Liturgy and Ceremonies, and take

and Subscribe the Oaths and Articles aforesaid, or any of them,

such Indulgencies and Dispensations in that Behalf, for and

during such time and times, and with such limitations and

restrictions, as they, the said Edward, Earl of Clarendon;

George, Duke of Albemarle; William, Lord Craven; John, Lord

Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir William

Berkley; and Sir John Colleton, their heirs or Assigns, shall, in

their discretions, think fit and reasonable;

 

AND with this express Proviso and Limitation also, that such

Person and Persons to whom such Indulgencies or Dispensations

shall be granted, as aforesaid, do and shall, from time to time,

Declare and continue all fidelity, Loyalty, and Obedience to us,

our heirs and Successors; and be subject and obedient to all

other the Laws, Ordinances, and Constitutions of the said

Province, in all matters whatsoever, as well Ecclesiastical as

Civil; And do not in any wise disturb the Peace and safety

thereof, or scandalize or reproach the said Liturgy, forms, and

Ceremonies, or any thing relating thereunto, or any Person or

Persons whatsoever for, or in respect of, his or their use or

exercise thereof, or his or their obedience or Conformity

thereunto.

 

AND in Case it shall happen that any doubts or questions should

arise concerning the true Sense and understanding of any word,

Clause, or Sentence contained in this our present Charter:

 

WE WILL, Ordain, and Command that, at all times and in all

things, such interpretation be made thereof, and allowed in all

and every of our Courts whatsoever, as lawfully may be Adjudged

most advantageous and favourable to the said Edward, Earl of

Clarendon; George, Duke of Albemarle; William, Lord Craven; John,

Lord Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir

William Berkley; and Sir John Colleton, their heirs and Assigns.

 

ALTHOUGH EXPRESS MENTION be not made in these presents of the

true yearly value and certainty of the premises, or any part

thereof, or of any other gifts and grants made by us, our

Ancestors or Predecessors, to them, the said Edward, Earl of

Clarendon; George, Duke of Albemarle; William, Lord Craven; John,

Lord Berkley; Anthony, Lord Ashley; Sir George Carterett; Sir

William Berkley; and Sir John Colleton, or any other Person or

Persons whatsoever, Or any Statute, Act, Ordinance, Provision,

Proclamation, or restraint heretofore had, made, published,

ordained, or Provided, or any other thing, Cause, or matter

whatsoever to the contrary thereof in any wise notwithstanding.

 

IN WITNESS whereof We have caused these our Letters to be made

Patent.

 

WITNESS, our Self, at Westminster, the Four and Twentieth day of

March, in the Fifteenth year of our Reign.

 

 

 

By the King

HOWARD

 

 

 

Footnote #6

 

The Fundamental Constitutions, Granting North Carolina to the

lord Proprietors

 

 

Version of July 21, 1669

 

 

OUR Sovereign Lord the King having, out of his royal grace and

bounty, granted unto us the Province of Carolina, with all the

royalties, Proprieties, Jurisdictions, and privileges of a County

Palatine, as large and ample as the County Palatine of Durham,

with other great privileges; for the better settlement of the

Government of the said Place, and establishing the interest of

the Lords Proprietors with Equality, and without confusion; and

that the Government of this Province may be made most agreeable

un to the Monarchy under which we live, and of which this

province is a part; and that we may avoid erecting a numerous

Democracy: We, the true and absolute Lords and Proprietors of the

Province aforesaid, have agreed to this following form of

Government, to be perpetually established amongst us, unto which

we do oblige ourselves, our heirs and successors, in the most

binding ways that can be devised.

 

 

2. Out of the eight Proprietors there shall be chosen, by

themselves, a Palatine, who shall continue during life, whose son

shall not be capable of immediately succeeding him after his

death; but the eldest in Age of the other Proprietors shall

succeed, to prevent the making the office in this little

government Hereditary and to avoid the mischief of factions in

Elections.

 

 

3. There shall be Seven other chief offices erected, viz., the

chief Justice's, Chancellor's, Constable's, High Steward's,

Treasurer's, Chamberlain's, Admiral's; which places shall be

enjoyed by none but the Lords Proprietors, to be assigned at

first by lot; and upon the vacancy of any one of the seven great

Offices by death, or otherwise, the Eldest proprietor [shall]

have his choice of the said place.

 

 

4. Each Province shall be divided into Counties; each County

shall consist of eight Seigniories, eight Baronies, and four

precincts; each Precinct shall consist of Six Colonies

 

 

5. Each Colony, Seigniory, and Barony shall consist of twelve

thousand Acres, the eight Seigniories being the share of the

eight Proprietors, and the eight Baronies of the Nobility; both

which shares, being each of them a fifth part of the whole, are

to be perpetually annexed, the one to the Proprietors, the other

to the Hereditary Nobility, Leaving the Colonies, being three

fifths, amongst the people; that so, in the Setting out and

planting the lands, the Balance of Government may be preserved.

 

 

6. At any time before the year 1701, any of the [Lords]

Proprietors shall have power to relinquish, Alienate, and

dispose, to any other person, his Proprietorship, and all the

Seigniories, powers, and Interest thereunto belonging, wholly and

entirely together, and not otherwise. But after the

year 1700, those who are then [Lords] Proprietors shall not have

power to Alienate or make over their proprietorship, with

Seigniories and privileges thereunto belonging, or any part

thereof, to any person whatsoever , otherwise than as in article

18, but it shall descend unto their heirs male; and for want of

 

heirs male, it shall descend on that Landgrave or Cacique of

Carolina who is descended of the next heir female of the said

Proprietor; and for want of Such heirs, it shall descend on the

next heir general; and for want of Such heirs, the remaining

Seven proprietors shall, upon the Vacancy, choose a Landgrave to

succeed the deceased proprietor, who being chosen by the majority

of the Seven Surviving proprietors, he and his heirs Successively

shall be proprietors as fully, to all intents and purposes, as

any of the rest.

 

7. And that the number of eight Proprietors may be constantly

kept, if, upon the vacancy of any Proprietorship, the Surviving

Seven Proprietors shall not choose a Landgrave or [Cacique] as a

proprietor before the Second session of Parliament after the

vacancy, then the Parliament, at the next Session but one after

Such vacancy, shall have power to choose and Landgrave [or

Cacique] to be Proprietor; but whosoever after the year 1700,

either by inheritance or choice, shall Succeed any Proprietor in

his proprietorship, and Seigniories thereunto belonging, shall be

obliged to take the name and Arms of that proprietor whom he

Succeeds, which from thenceforth shall be the name and Arms of

his Family and their posterity.

 

8. Whatsoever Landgrave [or Cacique] shall be chosen into a

proprietorship shall take the Seigniories annexed to the said

proprietorship, but shall relinquish all the Baronies belonging

to his Landgraveship [or Caciqueship] to be disposed of by the

proprietors as in the following Articles.

 

9. To every County there shall be three as the hereditary

Nobility of this Palatinate, who shall be called the one a

Landgrave and the other two Caciques, and shall have place the in

the Parliament there; the Landgrave shall have four Baronies, and

the two Caciques, each of them, two apiece, hereditary, and

unalterably annexed to and settled upon the said Dignity.

 

10. The first Landgrave and Caciques of every County shall be

nominated, not by the Joint election of the Proprietors all

together, but the eight Proprietors shall, each of them

separately, nominate and choose one Landgrave and two Caciques

for the eight first Counties to be planted; and when the said

eight Counties shall be planted, the proprietors shall, n the

same manner, nominate and Choose eight more Landgraves and

sixteen aciques for the eight next Counties to be planted; and so

proceed, in the same manner, till the whole province of Carolina

be set out and planted according to the [proportions] in these

fundamental Constitutions.

 

11. Any Landgrave or Cacique, at any time before the year 1701,

shall ave power to alienate, sell, or make over, to any other

person, his dignity, with the Baronies thereunto belonging, all

entirely together; but after the year 1700, no Landgrave or

Cacique shall have power to alienate, Sell, make over, or let the

hereditary Baronies of his dignity, r any part thereof, otherwise

than as in Article 18; but they shall all entirely, with the

dignity thereunto belonging, descend unto his heirs male; and for

want of Such heirs Male, all entirely and undivided, to the next

heir general; and for want of Such heirs, shall devolve into the

 

hands of the Proprietors.

 

12. That the due number of Landgraves and Caciques may be always

kept up, if, upon the devolution of any Landgraveship or

Caciqueship, the Proprietors shall not settle the devolved

dignity, with the Baronies thereunto annexed, before the second

Session of Parliament after Such devolution, the Parliament, at

the next [Biennial] Session but one after Such devolution, shall

have power to make any one Landgrave or Cacique in the Room of

him, who dying with out heirs, his dignity and Baronies devolved.

 

13. No one person shall have more than one dignity, with the

Seigniories or Baronies thereunto belonging; but whensoever it

shall happen that any one who is already Proprietor, Landgrave,

or Cacique shall have any of those dignities descend to him by

inheritance, it shall be at his choice to keep one of the two

dignities, with the Lands annexed, he shall like best, but shall

leave the other, with the lands annexed, to be enjoyed by him

who, not being his heir apparent, and certain successor to his

present dignity, is next afterward.

 

14. Whosoever, by right of Inheritance, shall come to be

Landgrave or Cacique shall take the name and Arms of his

predecessor in that dignity, to be from thenceforth the Name and

Arms of his Family and their posterity.

 

15. Since the dignity of Proprietor, of 8 Landgrave, or Cacique

cannot be divided, and the Seigniories or Baronies thereunto

annexed must for ever, all entirely, descend with and accompany

that dignity, when ever, for want of heirs Male, it shall descend

upon the Issue Female, the Eldest Daughter and her heirs shall be

preferred; and in the Inheritance of those dignities, and in the

Seigniories or Baronies annexed, there shall be no Coheirs.

 

16. After the year 1700, whatsoever Landgrave or Cacique shall,

without leave from the Palatine's Court, be out of Carolina

during two successive biennial Parliaments shall, at the end of

the second biennial Parliament after such his absence, be

summoned by Proclamation: and if he come not into Carolina before

the next biennial Parliament after Such Summons, then it shall be

lawful for the grand Council, at a price set by the said Council

and approved by the Parliament, to sell the Baronies, with the

Dignities thereunto belonging, of the said absent Landgrave or

Cacique, all together, to any one to whom the said Council shall

think fit; but the price so paid for said Dignity or Baronies

shall be deposited in the Treasury, for the sole use and behoof

of the former owner, or his [heirs or] assigns.

 

17. In every Seigniory, Barony, and Manor, the Lord shall have

power in his own name, to hold Court there, for trying of all

causes, both Civil and Criminal; but where it shall concern any

other person being no Inhabitant, Vassal, or Leet man of the said

Barony or Seigniory [or manor], he, upon paying down of forty

shillings unto the Proprietors' use, shall have an appeal from

thence unto the County Court; and if the Lord be cast, the said

Lord shall pay unto the appellant the said forty shillings, with

other charges.

 

 

18. The Lords of Seigniories and Baronies shall have power only

of granting Estates, not exceeding three lives or one and thirty

years, in two thirds of the said Seigniories or Baronies; and the

remaining third shall be always Demesne.

 

19. Every Manor shall consist of not less than three thousand

Acres and not above twelve thousand Acres in one entire piece;

but any three thousand acres or more in one piece and the

possession of one Man shall not be a manor unless it be

constituted a manor by the grant of the Lords Proprietors.

 

20. Every Lord of a manor, within his manor, shall have all the

powers, Jurisdictions, and Privileges which a Landgrave or

Cacique has in his Baronies.

 

21. Any Lord of a manor may Alienate, sell, or dispose, to any

other person, and his heirs, for ever, [his manor], all entirely

together, with all the privileges and Leet men thereunto

belonging, so far forth as any other Colony Lands; but no grant

of any part thereof, either in fee or for any longer term than

three lives or twenty one years, shall be good against the next

heir; neither shall a manor, for want of Issue Male, be divided

amongst Coheirs; but the manor, if there be but one, shall all

entirely descend to the Eldest Daughter and [her] heirs; if there

be more manors than one in the possession of Palatine the

deceased, the Eldest Sister shall have her choice, the Second

next, and so on, beginning [again] at the Eldest, till all the

manors be taken up, that So, the privileges which belong to

manors being indivisible, the lands of the manor to which they

are annexed may be Kept entire, and the manor not lose those

privileges, which upon parcelling out to Several owners must

necessarily cease.

 

22. In every Seigniory, Barony, and manor, all the tenants or

Leet men shall be under the Jurisdiction of the Lord of the said

Seigniory, Barony, or Manor, without appeal from him unless as in

the Article 26; nor shall any Leet man or Leet woman have liberty

to go off from the Land of his particular Lord and live any where

else without Licences obtained from his Said Lord, under hand and

Seal.

 

23. All the Children of Leet men shall be Leet men, and so to

all generations.

 

24. NO man shall be capable of having a Court Leet or Leet men

but a Proprietor Landgrave, or Cacique, or Lord of a Manor.

 

25. Whoever is Lord of Leet men shall, upon the marriage of a

Leet man or Leet woman of his, give them ten Acres of Land for

their lives, they paying to him therefor one eighth of all the

yearly increase and growth of the said acres.

 

26. In case the Lord of any Seigniory, Barony, or manor shall

have made a Contract or agreement with his Tenants, which

agreement, by consent, is Registered in the next [precinct]

Registry, then, in Such case, the said Tenant may appeal unto, or

bring his Complaint originally in, the County Court for the

performance of such agreements, and not other wise.

 

27. There shall be eight Courts or Councils for the dispatch of

all affairs, the first, Called the Palatine's Court, to consist

of the Palatine and the other Seven Proprietors.  The other seven

courts of the other seven great Officers shall consist, each of

 

them, of a Proprietor and Six Councillors added to him; under

each of these latter seven [Courts] shall be a College of twelve

assistants. The twelve assistants [out] of the Several Colleges

shall be Chosen: two out of the Landgraves, by the Landgraves'

Chamber during the Session of Parliament; two out of the

Caciques, by the Caciques' Chamber during the Session of

Parliament; two out of the Landgraves, Caciques, or Eldest sons

of the Proprietors, by the Palatine's Court; four more of the

twelve shall be chosen by the Commons' Chamber, during the

Session of Parliament, out of such as have been or are members of

Parliament, Sheriffs, or Justices of the County Court; the other

two shall be Chosen by the Palatine's Court out of the aforesaid

members of Parliament, or Sheriffs, or Justices of the County

Court, or the Eldest sons of Landgraves or Caciques, or younger

Sons of Proprietors.

 

28. Out of these Colleges shall be Chosen Six Councillors to be

joined with each Proprietor in his Court; of which six, one shall

be of those who were Chosen into any of the Colleges by the

Palatine's Court out of the Landgraves, Caciques, or Eldest Sons

of Proprietors; one out of those who were Chosen into any of the

Colleges by the Landgraves' Chamber; and one [out of] those who

were Chosen into any one of the Colleges by the Caciques'

Chamber; two out of those who were Chosen into any one of the

Colleges by the Commons' Chamber; and one out of those who were

Chosen by the Palatine's Court into any of the Colleges out of

the Proprietors' younger Sons, or Eldest Sons of Landgraves or

Caciques, or Commons Qualified as aforesaid.

 

 

29. When it shall happen that any Councillor dies, and thereby

there is a vacancy, the grand council shall have power to remove

any Councillor that is willing to be removed out of any other of

the Proprietors' Courts to fill up this vacancy, provided they

take a man of the Same degree and choice the other was [of] whose

vacant place [is] to be filled; but if no Councillor consent to

be removed, or upon Such remove, the last remaining vacant place

in any of the Proprietors' Courts shall be filled up by the

choice of the grand Council, who shall have power to remove out

of any of the Colleges any Assistant who is of the same degree

and choice that Councillor was [of] into whose vacant place he is

to succeed; the grand Council, also, shall have power to remove

any Assistant that is willing out of one College into another,

provided he be of the same degree and choice; but the last

remaining vacant place in any College shall be filled up by the

same choice and out of the same degree of persons the Assistant

was of who is dead or removed. No Place shall be vacant in any

Proprietors' Court above six Months; no place shall be vacant in

any College longer than the next session of Parliament.

 

 

30. No man being a member of the grand Council or of any of the

seven Colleges shall be turned out but For misdemeanor, of which

the grand Council shall be Judge; and the vacancy of the person

so put out shall be filled, not by the Election of the grand

Council, but by those who first chose him, and out of the same

 

degree he was [of] who is expelled.

 

 

31. All Elections in the Parliament, in the Several Chambers of

the Parliament, and in the grand Council shall be passed by

balloting.

 

32. The Palatine's Court shall consist of the Palatine and Seven

Proprietors, wherein nothing shall be acted without the presence

and consent of the Palatine, or his Deputy, and three others of

the Proprietors, or their Deputies. [This Court] shall have power

to call Parliaments, to pardon all Offences, to make Elections of

all Officers in the Proprietors' dispose; and also, they shall

have power, by their Order to the Treasurer, to dispose of all

public Treasure, excepting money granted by the Parliament and by

them directed to Some [particular] public use; and also, they

shall have a Negative upon all Acts, Orders, Votes, and Judgments

of the grand Council and the Parliament; and shall have all the

powers granted to the Proprietors by their patent, except in such

things as are limited by these fundamental constitutions and form

of government.

 

33. The Palatine him self, when he in person shall be either in

the Army or in any of the Proprietors' Courts, shall then have

the power of General or of that Proprietor in whose Court he is

then present; and the Proprietor in whose Court the Palatine then

presides shall, during his presence there, be but as one of the

Council.

 

34. The Chancellor's Court, consisting of one of the Proprietors

and his six Councillors, who shall be called vice-chancellors,

shall have the Custody of the Seal of the Palatinate, under which

all charters, of Lands or otherwise, Commissions, and grants of

the Palatine's Court shall pass, etc. To this Court, also,

belongs all state matters, dispatches, and treaties, with the

Neighbour Indians or any other, so far forth as us permitted by

our Charter from our Sovereign Lord the King. To this office,

also, belongs all Innovations of the Law of Liberty of

conscience, and all disturbances of the public peace upon

pretence of Religion, as also, the Licence of printing. The

twelve assistants belonging to this Court shall be called

Recorders.

35. The Chancellor, or his Deputy, shall be always Speaker in

Parliament and President of the grand council, and in his and his

Deputy's absence, one of his Vice-Chancellors.

     The Chief Justice's Court, consisting of one of the

proprietors and his six Councillors, who shall be called Justices

of the Bench, shall Judge all appeals, both in cases Civil and

Criminal, except all Such cases as shall be under the

Jurisdiction and Cognizance of any other of the Proprietors'

Courts, which shall be tried in those Courts respectively.  The

Government and regulations of the Registries of writings and

contracts shall belong to the Jurisdiction of this Court. The

twelve assistants of this Court shall be called Masters.

 

36. The High Constable's Court, consisting of one of the

Proprietors and his six Councillors, who shall be called

Marshals, shall order and determine of all Military affairs

concern by land, and all land forces, Arms, Ammunition,

Artillery, Garrisons, and Forts, etc., and whatever belongs unto

war. His twelve assistants shall be called Lieutenant Generals.

 

In Court s time of actual war, The High Constable, whilst he is

in the Army, shall be General of the 42 Army, and the six

Councillors, or such of them as the Palatine's Court shall for

that time Courts [and service] appoint, shall be the immediate

great Officers under him, and the Lieutenant appeal. Generals

next to them.

 

37. The Admiral's Court, consisting of one of the Proprietors

and his Six Councillors, called Consuls, shall have the care and

inspection over all ports, Moles, and Navigable Rivers so far as

the Tide flows; and also, all the public Shipping of Carolina,

and stores thereunto belonging, and all maritime affairs. This

Court, also, shall have the power of the Court of Admiralty; and

also, to hear and try by Law-Merchant all cases in Matters of

shall Trade between the Merchants of Carolina amongst them

selves, arising without the limits of Carolina; as also, all

controversies in Merchandising that shall happen between be

Denizens of Carolina and foreigners. The twelve Assistants

belonging to this court shall be where l called proconsuls.

 

38. The Treasurer's Court, consisting of one proprietor and his

Six Councillors, called under-Treasurers, shall take care of all

matters that concerns the public revenue and Treasury. The twelve

assistants shall be called Auditors.

 

39. The High Steward's court, consisting of a proprietor and his

six Councillors, who shall be called Comptrollers, shall have the

care of all foreign and domestic Trade, factures, public

buildings and work-houses, high ways, passages by water above the

flood the of the Tide, drains, sewers and Banks against

inundations, Bridges, Posts, Carriers, Fairs, Markets, and all

things in order to Travel and commerce, and anything that may

corrupt, deprave, or Infect the common Air or water, and all

other things wherein the Public [trade], commerce, or health is

concerned; and also, the setting out and surveying of lands; and

also, the setting out and appointing [places] for towns to be

built on in the Precincts, and the prescribing and determining

the Figure and bigness of the said Towns according to such Models

as the said court shall order, contrary or differing from which

Models it shall not be lawful for any one to build in any Town.

 

40. This Court shall have power, also, to make any public

building or any new highway, or enlarge any old high way, upon

any Man's Land whatsoever; as also, to make cuts, Channels,

Banks, locks, and Bridges, for making Rivers Navigable, for

draining of Fens, or any other public uses; the damage the owner

of such land, on or through where any such public thing shall be

made, shall receive thereby shall be valued by a Jury of twelve

men of the Precinct in which any such thing is done, and

satisfaction shall be made accordingly by a Tax, either on the

County or that particular precinct, as the grand Council shall

think fit to order in that particular case. The twelve assistants

belonging to this Court shall becalled Surveyors.

 

41. The Chamberlain's Court, consisting of a proprietor and his

six Councillors, called Vice-Chamberlains, shall have the power

to convocate the grand Council; shall have the care of all

 

Ceremonies, Precedency, Heraldry, reception of public Messengers,

and pedigrees; the registries of all Births, Burials, and

Marriages; legitimation and all cases concerning Matrimony or

arising from it; and shall, also, have power to Regulate all

Fashions, Habits, Badges, Games, and Sports. The twelve

assistants belonging to this Court shall be called Provosts.

 

42. All causes belonging to, or under the Jurisdiction of, any of

the Proprietors' Courts shall in them respectively be tried and

ultimately determined, without any further appeal.

 

43. The proprietors' Courts shall have a power to mitigate all

fines and suspend all executions, either before or after

sentence, in any of the other respective Inferior Courts.

 

 

44. In all debates, hearings, or Trials in any of the

Proprietors' Courts, the twelve assistants belonging to the Said

Court respectively shall have Liberty to be present, but shall

not interpose unless their opinions be required, nor have any

Vote at all; but their [business shall] be, by direction of the

respective courts, to prepare Such business as shall be committed

to them; as also, to bear Such Offices and dispatch Such affairs,

either where the Court is kept or else where, as the Court shall

think fit.

 

45. In all the Proprietors' Courts [any] three shall make a

Quorum.

 

46. The grand Council shall consist of the Palatine, and Seven

Proprietors, and the forty two Councillors of the Several

Proprietors' Courts; who shall have power to determine any

Controversies that may arise between any of the Proprietors'

Courts about their respective Jurisdictions; to make peace and

war, Leagues, Treaties, etc., with any of the Neighbour Indians;

To issue out their General Orders to the Constable's and

Admiral's Court for the Raising, disposing, or disbanding the

Forces, by land or by Sea; to prepare all matters to be proposed

in Parliament; nor shall any Tax or law or other matters

whatsoever be proposed, debated, or Voted in Parliament but what

has first passed the grand Council and, in form of a bill to be

passed, is by them presented to the Parliament; nor shall any

bill So prepared [and presented by the grand Council to the

Parliament to be enacted, whether it be an antiquated Law or

otherwise, be voted or passed into an Act of Parliament], or be

at all Obligatory, unless it be three Several days read openly in

the Parliament, and then, afterwards, by Majority of Votes,

Enacted, during the same session wherein it was thrice read, and

also confirmed by the Palatine and three of the Proprietors as is

above said.

 

47. The grand Council shall always be Judges of all Causes and

appeals that concerns the Palatine, or any of the proprietors, or

any councillor of any Proprietors' Court in any Case which

otherwise should have been Tried in that Court in which the said

Councillor is Judge him self.

 

48. The Grand Council, by their warrants to the Treasurer's

Court, shall dispose of all the money given by the Parliament and

by them directed to any particular public use.

 

49. The Quorum of the grand Council shall be thirteen, whereof a

Proprietor, or his Deputy, shall be always one.

 

 

50. The Palatine, or any of the Proprietors shall have power,

under hand and seal, to be Registered in the grand Council, to

make a Deputy; who shall have the same power, to all intents and

purposes, that he himself who deputes him, except in confirming

Acts of Parliament, as in Article [70]; all Such deputation shall

cease and determine of them selves at the end of four years, and

at any time shall be revocable at the pleasure of the Deputator.

 

51. No Deputy of any Proprietor shall have any power whilst the

deputator is in any part of Carolina, except the Proprietor whose

deputy he is be a Minor.

52. During the minority of any Proprietor, his Guardian shall

have power to constitute and appoint his deputy.

 

53. The Eldest of the Proprietors who shall be personally in

Carolina shall of Course be the Palatine's Deputy; and if no

Proprietor be in Carolina, he shall choose his deputy out of the

heirs apparent of any of the Proprietors, if any such be there;

and if there be no heir apparent of any of the Proprietors, above

twenty one years old, in Carolina, then he shall choose for

Deputy any one of the Landgraves of the grand Council; and till

he have, by deputation, under hand and Seal, Chosen any one of

the forementioned heirs apparent or Landgrave to be his deputy,

the Eldest Man of the Landgraves, and for want of Landgraves, the

Eldest Man of the Caciques, who shall be personally in Carolina

shall of course be his deputy.

 

54. The Proprietors' deputy shall be always one of their own Six

Councillors respectively.

 

55. In every County there shall be a Court, consisting of a

Sheriff and four Justices of the County, being Inhabitants and

having, each of them, at least five hundred Acres of Freehold

within the said County, to be chosen and Commissionated from time

to time the Palatine's court; who shall try and Judge all appeals

from any of the precinct Courts.

56. For any personal causes Exceeding the value of two hundred

pounds, or in Title of Lands, or in any Criminal Cause, either

party, upon paying twenty pounds to the Proprietors' use, shall

have Liberty of Appeal from the County Court unto the respective

Proprietors' Court.

57. In every Precinct there shall be a Court, consisting of a

Steward and four Justices of the Precinct, being Inhabitants and

having three hundred Acres of Freehold within the said Precinct;

who shall Judge all Criminal causes, except for Treason, Murder,

and any other offences punished with death; and all civil causes

whatsoever, and in all personal actions not exceeding fifty