The Journal of History     Winter 2004    TABLE OF CONTENTS

The United States is Still a British Colony


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, 18S 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, is 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 Brought up the term residence and my research has brought forth the following which is why the government 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 Federal 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 permanent 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.

Continues on the next page~

 


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