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
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