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 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]