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]>,

�� <president@republic‑of‑texas.net>,

�� "General Assembly" <generalassembly@christiancommonlaw‑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 ; president@republic‑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 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" <generalassembly@christiancommonlaw‑gov.org>,

�� <president@republic‑of‑texas.net>, "John DeShiro" <[email protected]>

�� CC:

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

�References:

�� 1

�� ‑‑‑‑‑ Original Message ‑‑‑‑‑

�� From: John DeShiro

�� To: president@republic‑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]

��