Watchman Willie Martin Archive



Subject:

            Re: Treaties and Other International Acts of the United States of America

      Date:

            Sat, 1 Mar 2003 22:35:17 ‑0800

     From:

            "Jack Lancaster" <[email protected]>

       To:

            "Alex Jones" <[email protected]>, "\"Babel Magazine\"" <[email protected]>,

            <[email protected]‑of‑texas.net>,

            "General Assembly" <[email protected]‑gov.org>,

            "John DeShiro" <[email protected]>

       CC:

            <[email protected]>, <[email protected]>,

            "AmericanVeterans in Domestic Defence" <[email protected]>, <[email protected]>,

            "American Land Rights Association" <[email protected]>,

            "American Center for Law and Justice" <[email protected]>, "\"Barton Buhtz\"" <[email protected]>

 References:

            1

      ‑‑‑‑‑ Original Message ‑‑‑‑‑

      From: John DeShiro

      To: General Assembly ; Jack Lancaster ; [email protected]‑of‑texas.net

      Sent: Saturday, March 01, 2003 8:46 PM

      Subject: Treaties and Other International Acts of the United States of America

      This was all I could find.

      Documents 80‑121 : 1836‑1846

      Washington : Government Printing Office, 1934.

      Joint Resolution of the Congress of Texas, June 23, 1845

                 Joint Resolution of the Congress of Texas, June 23, 1845

       Joint Resolution Giving the consent of the existing Government to the Annexation of

                                   Texas to the United States.

      Whereas the Government of the United States hath proposed the following terms, guarantees and conditions on

      which the people and Territory of the Republic of Texas may be erected into a new State to be called the State of

      Texas, and admitted as one of the States of the American Union, to wit: Resolved by the Senate and House of

      Representatives of the United States of America in Congress assembled, That Congress doth consent that the

      territory properly included within and rightfully belonging to the Republic of Texas may be erected into a new State,

      to be called the State of Texas, with a Republican form of Government, to be adopted by the people of said

      Republic, by deputies in Convention assembled, with the consent of the existing Government, in order that the

      same may be admitted as one of the States of this Union. 2. And be it further resolved, That the foregoing consent

      of Congress is given upon the following conditions, and with the following guarantees, to wit: First, said State to be

      formed subject to the adjustment by this Government of all questions of boundary that may arise with other

      Governments, and the Constitution thereof, with the proper evidence of its adoption, by the people of said Republic

      of Texas, shall be transmitted to the President of the United States, to be laid before Congress for its final action,

      on or before the first day of January one thousand eight hundred and forty six. Second, said State when admitted

      into the Union, after ceding to the United States all public edifices, fortifications, barracks, ports, and harbors, navy

      and navyyards, docks, magazines, arms, armaments and all other property and means pertaining to the public

      defence, belonging to the said Republic of Texas, shall retain all the public funds, debts, taxes and dues of every

      kind which may belong to or be due and owing said Republic, and shall also retain all the vacant and

      unappropriated lands lying within its limits, to be applied to the payment of the debts and liabilities of said Republic

      of Texas, and the residue of said lands, after discharging said debts and liabilities, to be disposed of as said State

      may direct: but in no event are said debts and liabilities to become a charge upon the Government of the United

      States. Third, new States of convenient size, not exceeding four in number, in addition to said State of Texas, and

      having sufficient population, may hereafter, by the consent of said State, be formed out of the territory thereof,

      which shall be entitled to admission under the provision of the Federal (constitution. And such States as may be

      formed out of that portion of said territory lying south of thirty‑six degrees thirty minutes north latitude, commonly

      known as the Missouri compromise line, shall be admitted into the Union, with or without Slavery, as the people of

      each State asking admission may desire. And in such State or States as shall be formed out of said territory north

      of said Missouri compromise line, slavery or involuntary servitude (except for crime) shall be prohibited. And

      whereas, by said terms, the consent of the existing Government of Texas is required,‑Therefore,

      Be it resolved by the Senate and House of Representatives of the Republic of Texas in Congress assembled, That

      the Government of Texas cloth consent that the People and Territory of the Republic of Texas may be erected into

      a new State to be called the State of Texas, with a Republican form of Government to be adopted by the People of

      said Republic, by Deputies in Convention assembled, in order that the same may be admitted as one of the States

      of the American Union; and said consent is given on the terms, guarantees, and conditions set forth in the

      Preamble to this Joint Resolution.

      Section 2. Be it further resolved, That the Proclamation of the President of the Republic of Texas, bearing date

      May fifth eighteen hundred and forty five, and the election of deputies to set in Convention, at Austin, on the fourth

      day of July next for the adoption of a Constitution for the State of Texas, had in accordance therewith, hereby

      receives the consent of the existing Government of Texas.

      Sec. 3. Be it further resolved, That the President of Texas is hereby requested, immediately, to furnish the

      Government of the United States, through their accredited Minister near this Government, with a copy of this Joint

      Resolution, also to furnish the Convention to assemble at Austin on the fourth of July next a copy of the same.

      And the same shall take effect from and after its passage.

      JOHN M. LEWIS

      Speaker of the House of Representatives

      K. L. ANDERSON

      President of the Senate

      Approved June 23 1845

      ANSON JONES

      John E. DeShiro

      2009 1st Street

      Baker City, OR 97814

      541‑523‑6135

      [email protected]

Subject:

            Re: Texas, is it a state?

      Date:

            Sat, 1 Mar 2003 22:43:20 ‑0800

     From:

            "Jack Lancaster" <[email protected]>

       To:

            "General Assembly" <[email protected]‑gov.org>,

            <[email protected]‑of‑texas.net>, "John DeShiro" <[email protected]>

       CC:

            <[email protected]>, <[email protected]>

 References:

            1

      ‑‑‑‑‑ Original Message ‑‑‑‑‑

      From: John DeShiro

      To: [email protected]‑of‑texas.net ; Jack Lancaster ; General Assembly

      Sent: Saturday, March 01, 2003 9:12 PM

      Subject: Texas, is it a state?

      U.S. Constitution, Article IV, Section 3:

            New states may be admitted by the Congress into this union; but no

            new states shall be formed or erected within the jurisdiction of any

            other state; nor any state be formed by the junction of two or more

            states, or parts of states, without the consent of the legislatures

            of the states concerned as well as of the Congress.

      The law library had a copy of The Constitution of the State of Texas (adopted 15 February A.D.

      1876) as amended to 3 November A.D. 1987. This is several pages long, and I wanted to minimize

      my exposure time, so I read all the section headings but only those sections that had suggestive

      titles.

      Hint to Texians: Profread important documents before you publish them.

      Texians must also be afraid of the number 13, because there is no Article 13.

      28th Congress of the United States, Session II, No. 8 Joint Resolution for Annexing Texas to the

      United States, 1 March A.D. 1845 (U.S. Statutes at Large, Vol. 5, p. 797) [I have indicated the

      start and end of italics with square brackets]

           [ Resolved by the Senate and House of Representatives of the

            United States of America in Congress assembled, ] That Congress

            doth consent that...the Republic of Texas, may be erected into a

            new State...in order that the same may be admitted as one of the

            States of this Union.

            2. [ And be it further resolved, ] That the foregoing consent of

            Congress is given upon the following conditions, and with the

            following guarantees...New States, of convenient size, not

            exceeding four in number, in addition to said State of Texas,

            and having sufficient population, may hereafter, by consent of

            said State, be formed out of the territory thereof, which shall

            be entitled to admission under the provisions of the Federal

            Constitution...

            [ Be it resolved, ] That a State...shall be admitted into the

            Union...as soon as...the cession of the remaining Texian

            territory...

      So the U.S. Congress passes this resolution approving of the admission of the State of Texas with

      the guarantee that the State could spin off up to four future States, if certain conditions are met

      by the Texians, but maybe that was just a barganing ploy.

      The Texians go ahead and meet all of the conditions:

         1.On 23 June the Congress of the Republic of Texas passes a Joint Resolution (quoting the first

            two sections of Joint Res. No. 8 above, verbatim) giving consent to the Annexation of Texas

            to the U.S. under the terms and guarantees offered.

         2.On 4 July a special ``Convention of the People of the Republic of Texas'' accepts the

            conditions and guarantees, again carefully quoting the first two sections of the Joint

            Resolution, verbatim.

         3.The Republic of Texas causes the 1st Constitution of the State of Texas, which incorporates

            the ``Ordinance'' produced on 4 July, to be written and submitts all of these things to the

            President of the U.S. and the U.S. Congress.

      29th Congress of the United States, Session I, No. 1 Joint Resolution for the Admission of the

      State of Texas into the Union, 29 December A.D. 1845 (U.S. Statutes at Large, Vol. 9, p. 108)

            Whereas, the Congress of the United States,...did consent...; which

            consent...given upon certain conditions specified in the first and

            second sections of said joint resolution [of 1 March]...: therefore,

           *Resolved*by*the*...*in*Congress*assembled*, That the State of Texas

            shall be one, and is hereby declared to be one, of the United States

            of America,...

      As far as I know (and I could be mistaken), a treaty between Texas and the U.S. was discussed

      but failed to be ratified by the U.S. in 1844. The next year, however, a Joint Resolution of

      Congress (not a treaty) was adopted by the U.S. Congress on March 1, 1845, providing for the

      annexation of Texas, and Texas acceded soon thereafter.

      The Joint Resolution can be found at U.S. Statutes at Large, v. 5, p. 797.

      The Joint Resolution provides that Texas will be admitted "on equal footing with the existing

      States." (p. 798).

      Correct me if I'm stating this incorrectly ‑‑ I believe that the Supreme Court held in the 1867 case

      of _Texas v. White_ that secession never was legal, even before the ratification of the 14th

      Amendment, which amendment seems to be irrelevant to this question.

      Among other quotes from the case, "When Texas became one of the United States, she entered

      into an indissoluble relation. The union between Texas and the other States was as complete, as

      perpetual, and as indissoluble as the union between the original States. There was no place for

      reconsideration or revocation, except through revolution or through consent of the States." Texas

      v. White, 74 U.S. 700, 703 (1868).

      United States Congress. Joint Resolution for the Admission of the State of Texas into the Union.

      [No. 1.] ‑ Joint Resolution for the Admission of the State of Texas into the Union.

      WHEREAS the Congress of the United States, by a joint resolution approved March the first, eighteen hundred and

      forty‑five, did consent that the territory properly included within, and rightfully belonging to, the Republic of Texas, might

      be erected into a new State, to be called The State of Texas, with a republican form of government, to be adopted by the

      people of said republic, by deputies in convention assembled, with the consent of the existing government, in order that

      the same might be admitted as one of the States of the Union; which consent of Congress was given upon certain

      conditions specified in the first and second sections of said joint resolution; and whereas the people of the said Republic

      of Texas, by deputies in convention assembled, with the consent of the existing government, did adopt a constitution, and

      erect a new State with a republican form of government, and, in the name of the people of Texas, and by their authority, did

      ordain and declare that they assented to and accepted the proposals, conditions, and guaranties contained in said first

      and second sections of said resolution; and whereas the said constitution, with the proper evidence of its adoption by the

      people of the Republic of Texas, has been transmitted to the President of the United States and laid before Congress, in

      conformity to the provisions of said joint resolution:

      Therefore ‑

      Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the

      State of Texas shall be one, and is hereby declared to be one, of the United States of America, and admitted into the Union

      on an equal footing with the original States in all respects whatever.

      SEC. 2. And it be it further resolved, That until the representatives in Congress shall be apportioned according to an actual

      enumeration of the inhabitants of the United States, the State of Texas shall be entitled to choose two representatives.

      APPROVED, December 29, 1845.

      SOURCE:

      Minot, Geo., ed., Statutes at Large and Treaties of the United States of America from Dec. 1, 1845

      to March 3, 1851, V. IX, p. 108

      John E DeShiro,

      2009 1st Street

      Baker City, OR 97814

      [email protected]



Reference Materials